Terms and Conditions of Use Digital Services

These Terms and Conditions of Use govern the legal relationship between Swisscard and the User with regard to Swisscard Digital Services. All references to persons in this document are meant to cover all genders.

A.    General section

1.    Definitions

"3-D Secure" is a security standard for card payments on the Internet.

"Administrator" means the person within a Company who is authorized to represent the Company, in whole or in part, in connection with the use of Swisscard Digital Services.

"AES" means advanced electronic signature in accordance with the Swiss Federal Act on Electronic Signatures (ESigA).

"Agent" means a person appointed by Swisscard to provide services in connection with Swisscard Digital Services or secondary and additional services associated with Cards.

"Bonus and Loyalty Program" means a bonus and loyalty program that is associated with the Card or the basic account contract as secondary or additional benefits in accordance with the product and service conditions.

"Card" means cashless means of payment in accordance with the GTC. This also includes a Corporate Card.

"Cardholder" means the holder of a Card.

"Card Application" means the application for Cards and, in the case of Companies, also for basic accounts.

"Client" means Cardholders and Companies.

"Company" means business clients of Swisscard, represented by their authorized signatories.

"Corporate Card" means Cards of employees of a Company.

"Corporate Card Account" jointly refers to the basic account of a Company and the associated Card accounts of employees.

"Electronic Access Channel" means access to Swisscard Digital Services via the Swisscard App, the Web Services and other electronic channels defined by Swisscard.

"Electronic Address" means the respective email address and mobile telephone number of the User provided for Swisscard Digital Services.

"Electronic Communication" means the communication between Swisscard and the User via Electronic Access Channels (e.g. in-app or push notifications) or using the Electronic Address.

"Electronic Signature" means AES, QES and other electronic signatures for Users approved by Swisscard for the respective service.

"eWallet" means a virtual wallet of a third party (e.g. Apple Pay, Google Pay or Samsung Pay) which can be used to store Cards of Swisscard and those of third parties.

"GTC" means the general terms and conditions applicable to the legal relationship regarding the Card between Swisscard and the Client.

"Means of Identification" means all data that enables legitimate access to Swisscard Digital Services, e.g. mTAN and Swisscard Login. Insofar as further Means of Identification are listed in the GTC for other purposes, the duties of care listed therein shall also continue to apply without restriction.

"mTAN" is a confirmation and activation code received on a mobile device via SMS.

"Online Identification" means procedures used by Swisscard to identify Users online.

"Online Identification and Signature Service" means services of Swisscard in connection with Online Identification and Electronic Signature.

"QES" means qualified electronic signature in accordance with the Swiss Federal Act on Electronic Signatures (ESigA).

"Swisscard" means Swisscard AECS GmbH, including its Agents.

"Swisscard App" means the app for mobile devices provided by Swisscard. The operating system versions and device versions supported by the Swisscard App will be displayed in the respective store.

"Swisscard Digital Services" means the services pursuant to Part B of these Terms and Conditions of Use.

"Swisscard Login" means the personal access data (e.g. user name, password and biometric identifiers) set by the User for the registration and use of Swisscard Digital Services.

"Terms and Conditions of Use" means these Terms and Conditions of Use for Swisscard Digital Services.

"Users" are persons who use Swisscard Digital Services. Users include, in particular, Cardholders, Administrators and applicants.

"Web Services" means the web application provided by Swisscard through which the Client can access his account by means of a web browser.

 

2.    Contract structure

2.1.    Digital Services offers the User different services in accordance with Part B of the Terms and Conditions of Use, depending on the contractual relationship with Swisscard. The supplementary provisions in Part C apply exclusively to Corporate Cards. Part A applies to all Cards.

2.2.   The Terms and Conditions of Use supplement the GTC agreed between Swisscard and the Client. Unless otherwise stipulated herein, the Terms and Conditions of Use take precedence in the event of any contradictions.

2.3.    Swisscard may stipulate that certain services are subject to additional terms and conditions or authentications and shall notify the User of these in an appropriate manner. By using the services, the User accepts those additional terms and conditions.

 

3.   Registration and login

3.1.  Swisscard specifies how the User can register and log in and how the User is authenticated. To log in, the User needs:

• a.)   his own valid email address as user name;
• b.)   a personal password set by him during registration or his biometric identifiers (e.g. fingerprint or facial features) and
• c.)   his own valid mobile telephone number (which will be used inter alia to send him/her a Means of Identification in the cases stipulated by Swisscard).

3.2.    Swisscard may define additional or different requirements at any time.

 

4.    Electronic Communication

4.1.    Swisscard may use Electronic Access Channels to send information to the User including any contractual declarations and notices, e.g. changes to the Terms and Conditions of Use and the GTC. The User authorizes Swisscard to communicate with him via Electronic Access Channels without further verification of the legitimation.

4.2.    The User may send Swisscard contractual and other declarations via Electronic Access Channels only to the extent provided for by Swisscard. If the User accepts an offer made by Swisscard or places an order with the Swisscard through such a declaration, the User acknowledges that Swisscard may not respond immediately.

4.3.    Any information shall be regarded as delivered when it is made available on the Electronic Access Channels for the first time. Any deadlines linked to the delivery start to run from this date onwards. The User is obliged to check at least once a month whether new information is available.

4.4.    The User confirms that he has obtained the Electronic Address in a lawful manner and that it is currently valid. Swisscard may receive and process messages sent from the Electronic Address without further verification of the legitimation. Swisscard may send the following information to the Electronic Address of the User, inter alia:

• a.)   information regarding Swisscard Digital Services, e.g. suggestions regarding new functions or the availability of new information;
• b.)   information regarding the client relationship, e.g. information and details regarding the Card, secondary and additional benefits and payment reminders;
• c.)   important or urgent messages, e.g. warnings about cases of fraud, notice of exceeding the spending limits, requests to make contact, and messages concerning changes to the Terms and Conditions of Use and GTC.
• d.)   messages of the Online Identification and Signature Service;
• e.)   confirmation and activation codes as a Means of Identification;
• f.)   information for marketing purposes and product advertising, e.g. references to advantages of using the Card and to Swisscard's own or third-party offers not related to the Card.

Information provided pursuant to this clause 4.4 is deemed to have been delivered if it has been sent to the Electronic Address of the User. Clause 4.3. shall apply accordingly.

4.5.    The User may opt out of receiving information pursuant to clause 4.4.f.) at any time, in writing, by telephone or any other manner stipulated by Swisscard.

4.6.    Swisscard reserves the right not to process requests for which Electronic Communication is not intended and not to communicate via this channel to Users domiciled abroad or to foreign Electronic Addresses, in particular mobile telephones. The User bears the risk of delay, loss and falsification associated with Electronic Communication.

 

5.    Online Identification and Electronic Signature

5.1.    Where provided for by Swisscard, the User may identify himself online and electronically sign legal declarations in the manner specified by Swisscard. Unless otherwise stated, the User must carry out the entire identification and signature process without interruption. He may use the Online Identification and Signature Service exclusively for the purposes intended by Swisscard.

5.2.    For Online Identification, the User needs

• a.)   an official identification document issued in his name and accepted by Swisscard;
• b.)   a video-capable terminal device with camera and microphone;
• c.)   a Swiss mobile telephone number assigned to him.

5.3.    Swisscard carries out the Online Identification of the User by means of technical recognition measures. In particular, it may record and analyse images and videos of the User and the identification document presented.

5.4.    Swisscard determines the standard of the Electronic Signature for the respective service and specifies how the User signs in a legally valid manner.

 

6.    Obligation to cooperate and exercise due care

6.1.    The User shall provide the hardware and software required for technical access to Swisscard Digital Services. In doing so, the User shall observe the system requirements required by Swisscard.

6.2.    Third parties who gain unauthorized access to Electronic Access Channels may misuse the associated services. The User must therefore take all measures to prevent unauthorized access to Electronic Access Channels, the Electronic Address and the Means of Identification.

6.3.    The User shall immediately notify Swisscard by telephone if he knows or must assume that third parties have unauthorized access to Electronic Access Channels, the Electronic Address or the Means of Identification (e.g. if the User has not recently made a transaction and still receives a confirmation or transaction code from Swisscard).

6.4.    The User is particularly subject to the following duties of care with respect to the Means of Identification: he

a.)   shall ensure that he is not being watched when entering the Means of Identification;

b.)   shall only enter the Means of Identification when he has accessed the Electronic Access Channels via the address communicated by Swisscard (e.g. Internet address) but not if he arrives on Swisscard Digital Services via other channels (e.g. third-party links).

c.)   to notify Swisscard immediately whenever there is reason to believe that a third party has learned his password, in which case the User shall change the password;

d.)   shall change the password if requested to do so by Swisscard.

6.5.    The User confirms that all information provided by him is true and complete and shall notify Swisscard immediately of any changes, in particular to the Electronic Address. Until such a notice is received, Swisscard will consider the information most recently provided as valid.

 

7.    Restrictions and changes of the services

Swisscard may restrict, discontinue, block, change or stipulate that Swisscard Digital Services require additional authentications at any time and without prior notice. Depending on the Card or device, Swisscard Digital Services may be available on a restricted basis only.

 

8.   Fees

Swisscard may introduce or change fees for the use of Swisscard Digital Services. The User shall be notified of any fees in an appropriate manner.

 

9.    Exclusion of liability

9.1.    To the extent permitted by law, Swisscard excludes any liability for loss or damage if

• a.)   Swisscard Digital Services is used unlawfully, improperly or without authorization.
• b.)   Electronic Access Channels are permanently or temporarily unavailable.

9.2.    Other than that, the liability provisions under the GTC continue to apply unchanged.

 

10.    Term and termination

6.1.    Users may terminate Swisscard Digital Services at any time in writing or in any other manner provided for by Swisscard.

6.2.    Services provided by Swisscard Digital Services, which are reserved for Cardholders, may be restricted or discontinued if a Card is cancelled or blocked.

 

11.    Data Protection

In addition to the data processing set out in the Terms and Conditions of Use, the data protection provisions in the GTC apply. The Privacy Statement contains further information on data processing and can be viewed in its latest version at www.swisscard.ch or requested from Swisscard.

 

12.    Intellectual property rights

All intellectual property rights in connection with Swisscard Digital Services remain with Swisscard or Swisscard's licensors. Swisscard grants the User a non-exclusive, non-transferable, perpetual and revocable license to install the Swisscard App on a device in possession of the User and to use it in accordance with these Terms and Conditions of Use.

 

13.    Use abroad

The use of Swisscard Digital Services abroad may violate provisions of foreign law or import and export restrictions for the encryption algorithms. It is the User's responsibility to obtain information in that regard and, in cases of doubt, to refrain from using Swisscard Digital Services abroad.

 

14.    Governing law and place of jurisdiction

The applicable law and place of jurisdiction shall be determined according to the GTC.

 

B.    Special section: Swisscard Digital Services

 

15.    Inputting and updating of information

The User can enter or update certain information (e.g. address of registered office or Electronic Address). Swisscard reserves the right to accept this information or changes only after verification. Updated data is deemed to have been approved when it is displayed in the Electronic Access Channels.

 

16.    Documents and forms

The Client may order documents (e.g. certificates of interest or copies of statements) and forms (e.g. direct debit form or Priority Pass registration).

 

17.    Submission of Card Applications

Where provided by Swisscard, Users may submit Card Applications.

 

18.    Activating instalment facility or increasing limits

Where provided by Swisscard, Users may apply for activation of the instalment facility or an increase of the spending limit or order personalised application forms in this regard.

 

19.    Balance and transaction notification

19.1.    The Client can specify an amount (e.g. balance amount or transaction amount) and Swisscard will inform him via his Electronic Address (e.g. SMS), by push notification or by other means specified by Swisscard if this amount is exceeded. Swisscard may also provide the Client with further information such as the current spending balance for the relevant Card account.

19.2.   The balance and transaction amounts provided (including any communication of additional information such as the spending balance) are not legally binding and may differ from the actual spending balance. Swisscard cannot guarantee that transactions will be shown in real time. Only Card statements delivered to the Client in paper form or electronically (including the spending balances listed therein) will be considered valid.

 

20.    Expense tracker

The Client can assign transactions to certain categories, e.g. for an overview and for budget planning purposes. The categories and the corresponding lists of transactions will be displayed for the Client in an appropriate manner. Swisscard does not use them for any other purposes and does not pass them on to third parties.

 

21.    Transaction summary and information on monthly statements and the Card relationship

21.1.    The Client can view transaction data of current and past statement periods as well as details of statements of past statement periods (e.g. statement date, balance, minimum payment amount, payments made) of his Cards. In addition, Swisscard can display additional information on the Card relationship, such as the applicable spending limit, the amount remaining for additional transactions, and information on secondary and additional benefits.

21.2.    Where provided, the Client may export this information in the manner provided for by Swisscard in order to store it on his own data storage devices or print it out. The Client shall store this information carefully and shall take appropriate precautions to prevent any unauthorized access or misuse.

 

22.    E-statements

22.1.    The Client may choose to receive his monthly Card statements electronically. He will then be notified via email or in another suitable form as soon as a new statement is available.

22.2.    The Client's statements are only stored on Swisscard Digital Services for a limited period of time. Swisscard recommends that the Client save the uploaded statements on his own data storage devices or print them out in paper form. Any subsequent orders of paper statements may be subject to a charge. Within the scope of any applicable legal provisions, the Client is responsible for storing, using and retaining the uploaded statements appropriately and in such a way that their integrity is not impaired. Swisscard cannot guarantee that the electronically provided statements will be recognized as evidence by domestic and foreign authorities. The Client uses the statements in dealings with authorities at his own responsibility.

 

23.    3-D Secure

23.1.    For Card payments on the Internet, Swisscard may reserve the right for the Cardholder to identify himself/ by means of 3-D Secure. Swisscard may require the Client to additionally register for 3-D Secure.

23.2.    The Cardholder may use 3-D Secure via the Swisscard App by means of mTAN, push notification or other processes approved by Swisscard. Certain transactions on the Internet can only be carried out by the Client via 3-D Secure, although Swisscard may, at its discretion, allow a fixed number of transactions without 3-D Secure. 3-D Secure Transactions released in accordance with this clause are deemed to have been approved within the meaning of the GTC.

23.3.    The Cardholder cannot deactivate 3-D Secure.

 

24.    Identification of the Client

24.1.    The User may use the Swisscard App to confirm his identity to Swisscard, e.g. when contacting customer service.

24.2.    If a User identifies himself within the meaning of this clause 24., all statements made by the person identified in this way shall be attributed to the User.

 

25.    Rewards shop

In the rewards shop of Swisscard, the Client may purchase items and other assets, make donations and obtain services or other benefits such as insurance or upgrades from the respective providers.

 

26.    Bonus and Loyalty Programs

26.1.    Clients can view the status of their balance in Bonus and Loyalty Programs (e.g. points, miles etc. for Membership Rewards, Point-up or third-party programs) as well as other information (e.g. membership number, program status), provided the Bonus and Loyalty Program in question is linked to a Card.

26.2.    Clients can pay for certain Card transactions via Swisscard Digital Services using credits in Bonus and Loyalty Programs.

26.3.    Swisscard may exchange information with the operators of Bonus and Loyalty Programs for the purposes listed in paras. 1 and 2.

 

27.    Temporary Card blocking and unblocking

The Client can temporarily block and unblock Cards. This does not release the Client from his obligation to comply with the duties of care in accordance with the GTC. Swisscard can block a Card unblocked by the Client at any time.

 

28.    Card replacement

The Client may order a replacement Card in the cases provided for by Swisscard.

 

29.    Card information and PIN Code

The Client can view card information (e.g. the card number and the card security code) and the PIN code of his Cards or request that it will be mailed to him/her.

 

30.    Travel information

The Client may specify which countries or regions he travels to. The Client acknowledges that, notwithstanding this notice, Swisscard may block the affected Cards or reject transactions at any time in accordance with the GTC.

 

31.    Direct debit

The Client can authorize Swisscard to immediately collect recorded transactions by direct debit (LSV) from the Client in the form of a partial payment prior to the payment date. From the time the partial payment has been entered in the account, the available amount increases up to a maximum of the fixed spending limit.

32.    Registration in eWallets

The Client may store his Cards in eWallets, provided that the Cards have been approved for this purpose by Swisscard.

 

C.    Supplementary provisions for Corporate Cards

The following supplementary provisions apply to Corporate Cards.

 

33.    Use of Means of Identification

Swisscard deems anyone who registers using the Swisscard Login in accordance with the Terms and Conditions of Use to be authorized to use Swisscard Digital Services. All actions of persons using the User's Means of Identification are attributed to the User and he shall be responsible for all consequences of these actions.

 

34.    Cardholders and Administrators

Information sent by Swisscard to Cardholders or Administrators pursuant to clause 4 of these Terms and Conditions of Use shall also be deemed to have been delivered to the respective Company. Cardholders and Administrators shall ensure that they notify the Company about any information concerning them.

Cardholders and Administrators may make legal and other declarations where Swisscard so provides. Insofar as these concern the Company, they are deemed to be declarations made to Swisscard by the Company.

 

35.    Risks of Electronic Communication

35.1.    In Electronic Communication, data is transported via open networks accessible to anyone (e.g. the Internet or mobile networks). In some cases this occurs unencrypted (e.g. SMS messages) and across borders (even if the sender and recipient are located in Switzerland) as well as with the involvement of third-party service providers (e.g. network operators and manufacturers of terminal devices). During Electronic Communication, unauthorized third parties may possibly view, alter, delete and/or misuse data without being noticed. In particular, the following risks exist:

• a.)   Third parties may infer that a business relationship exists, existed in the past or will exist in the future;
• b.)   the identity of the sender can be simulated or tampered with;
• c.)   Third parties may gain access to the device, manipulate the device and misuse the Means of Identification.
• d.)   Malicious software (e.g. viruses) and other disturbances can spread on the device and prevent Electronic Communication with Swisscard.
• e.)   The User's carelessness (e.g. in connection with device security measures) or inadequate knowledge of the system can facilitate unauthorized access.

Swisscard may interrupt or block Electronic Communication at any time, in particular if there is a risk of misuse. In the event that Swisscard has doubts regarding the authorization of a User, it is entitled, but not obliged, to accept and/or process messages received from the Electronic Address.

35.2.    The Client shall not disclose to third parties that he has provided an Electronic Address to Swisscard nor the information that he has provided to that purpose.

 

36.    Obligations to exercise due care for Means of Identification and terminal devices

36.1.    The User is particularly subject to the following duties of care with respect to the Means of Identification: he

• a.)   chooses a secure password which does not include combinations that are easily ascertainable (e.g. telephone numbers, birthdays, car license plate numbers, the name of the User or the User’s family members);
• b.)   must take all measures to prevent the unauthorized use of the Means of Identification;

36.2.    With regard to terminal devices which the User uses to register for or log on to Swisscard Digital Services or for Electronic Communication, the User has the following duties of care, in particular: he

• a.)   shall activate suitable protection measures (e.g. password protection, fingerprint or facial recognition etc.) for the use of the device;
• b.)   shall ensure that the device does not remain unsupervised when the protection has been disabled;
• c.)   shall ensure that no unauthorized third parties are in a position to view information being displayed on the screen;
• d.)   shall log off Swisscard Digital Services, delete the history data and disable the Swisscard App before exiting the device;
• e.)   shall keep the operating system updated and refrain from interfering with it (e.g. by jailbreaking or rooting);
• f.)  shall minimize the risk of unauthorized access to his terminal device by using suitable protective measures that are in accordance with the current state of the art. The User shall install safety software such as firewalls and antivirus programs, update them regularly and only use software from trustworthy sources, such as official app stores. Furthermore, the User must always use the version of software and Apps recommended by the manufacturer;
• g.)  may not pass on the terminal device to third parties for (temporary or permanent) unsupervised use before all data related to Swisscard Digital Services and the Electronic Communication has been deleted from the terminal device;
• h.)   must immediately notify Swisscard of the loss of the terminal device if the data has not been deleted beforehand in accordance with clause 36.24.2.g.). The User shall take all measures at his disposal to prevent the further use of the terminal device (e.g. by way of remote deletion or a SIM block);
• i.)   shall only use third-party devices if they offer sufficient security in terms of the provisions of these Terms and Conditions of Use.

36.3.    The User is obliged to use only the latest version of the Swisscard App.

 

37.    Responsibility for and risks pertaining to terminal devices

The User's terminal devices are part of the overall system but outside the control of Swisscard. Swisscard therefore cannot assume any responsibility for terminal devices despite all security measures. In particular, the User acknowledges the following risks:

• a.)   Lack of caution on the part of the User and/or inadequate security precautions on the terminal device can facilitate unauthorized access (e.g. insufficiently protected storage of data, file transfers, disclosure of the Swisscard Login and Means of Identification in the event of phishing or similar attacks);
• b.)  a third party can access the terminal device unnoticed while using Swisscard Digital Services;
• c.)   (Internet) viruses and the like can spread on the terminal device if the terminal device is connected to networks.

 

38.    Exclusion of warranties

Swisscard does not warrant that

• a.)   Swisscard Digital Services will be available at all times, free of disruptions or uninterrupted;
• b.)  network operators (e.g. Internet providers) provide their services in such a way that Swisscard Digital Services can be used without restrictions;
• c.)  the terminal devices used by the User and the software operated on them permit access to Swisscard Digital Services;
• d.)  electronic data is correct, unaltered and complete and is transmitted reliably, promptly and in a confidential manner.

 

39.    Data Protection

Whenever a Company transmits third-party data to Swisscard (e.g. information regarding Administrators and Cardholders), Swisscard assumes that the Company is authorized to do so and that such data is correct. The Company shall inform such third parties of the processing of their data by Swisscard.

 

40.    Changes to the Terms and Conditions of Use

40.1.    The ongoing use of Swisscard Digital Services can be made conditional on consent to new or amended Terms and Conditions of Use.

40.2.    Swisscard may change these Terms and Conditions of Use at any time and shall notify the User of any amendments in an appropriate form (e.g. via the Electronic Access Channel). If provided for by Swisscard, the User may accept the changes directly via Electronic Access Channels. Otherwise, the User is deemed to have approved the changes if he does not object in writing within a reasonable time after the changed Terms and Conditions of Use have been delivered or published. In any case, the User is deemed to have approved the changes by using Swisscard Digital Services after the changes have come into force. The User warrants that he regularly reads the current version of the Terms and Conditions of Use.

 

41.    Management of access rights with regard to Corporate Cards

41.1.    For certain Corporate Cards, Swisscard Digital Services provides an online management service of Corporate Card Accounts. The administrative rights of the Company are comprehensive and relate to all Corporate Card Accounts. The Cardholder can manage only his own employee Card account, and acknowledges that the Company has access at any time to all information on the employee Card account, including transaction data.

41.2.    If monthly Card statements are sent to the Company by way of collective statement, a Cardholder may in certain circumstances only have limited access to information about his Card.

 

Version of 07/2023