Terms and Conditions
Terms and Conditions of Use of Swisscard Digital Services
Swisscard AECS GmbH
P.O. Box 227
Last updated: March 25, 2021
A. General section
1. General terms and conditions of use
1.1. The Swisscard Digital Services are offered online by Swisscard AECS GmbH (hereinafter the “Issuer”) on various platforms (hereinafter the “Platform”) and are open for use by the persons admitted to the Platform by the Issuer following their registration and log-in (see clause 2). Registered persons are hereinafter referred to as “User(s)”. The Platform may, in particular, be used by the following groups of Users:
- a.) by holders of a charge card (without fixed spending limit) or credit card (with fixed spending limit) issued by the Issuer or any other medium accepted to process cashless payments, which allows the holder to obtain goods and services at acceptance points without cash, whether with or without fixed spending limits (principal or additional cards [hereinafter jointly referred to as “Card(s)”]);
(hereinafter jointly referred to as “Cardholders” and individually each as “Cardholder”)
- b.) by business clients of the Issuer, represented by their authorized signatories (hereinafter the “Company”);
[hereinafter a.) and b.) jointly referred to as “Clients” and individually each as “Client”]
- c.) by Card administrators designated by the Company, who are authorized to represent the Company wholly or in part with regard to all its all rights and obligations in connection with the use of the Platform (“Administrators”);
- d.) by potential holders of Cards of the Issuer (provided that this is expressly provided for in the Issuer’s application procedure).
1.2. Depending on the contractual relationship with the Issuer, the Platform offers the User different functions, services and options to view and manage the User account and User data (hereinafter jointly referred to as “Services”, see section B. below). Users who are not Clients may, in certain circumstances, only be able to use functions or Services to a limited extent or may not be able to use them at all. Depending on the card product or device, functions or Services may be unavailable, available with restrictions, or only available for a fee.
1.5. The Platform is available via
- a.) the SwisscardApp;
- b.) the Issuer’s websites (for certain Services);
- c.) any other options provided for by the Issuer.
1.9. The Issuer is authorized to introduce fees for use of the Platform and/or the Services or to modify their amount. Any fees are listed in the schedule of fees or will be communicated to the Client in another suitable manner (e.g. on the Platform). A data connection is required for the use of Services and Functions. This may incur fees from the network operator (e.g. an Internet provider or mobile provider) for use of a telephone and/or Internet connection.
2. Registration and login
2.1. Users may download the Swisscard app in the store of the provider in question (e.g. in the Apple App Store or the Google Play Store) and install it on a mobile device. The operating system versions and device versions supported by the Swisscard app will be displayed in the respective store. Web-based functions and Services can be accessed via the Issuer’s website (swisscard.ch).
2.2. Registration and login (login by the User onto the Platform, which takes place after registration) occur in accordance with the technical methods recognized at the time in question and the authentication of the User as stipulated by the Issuer. Registration and use of the Platform requires the following elements:
- a.) a valid email address of the User (hereinafter the “User Name”);
- b.) a personal password set by the User during the registration process and
- c.) a valid mobile telephone number of the User, which will be used inter alia for two-factor authentication in the cases stipulated by the Issuer
(hereinafter jointly referred to as the “Access Data”).
2.3. In future, the Issuer may stipulate additional or different requirements for use.
3. Electronic Communication
3.2. Any information submitted to the User pursuant to clause 3.1. is deemed to have been served on the User as soon as it is first placed on the Platform. Any deadlines linked to the service of any information shall also begin to run from this date onwards, and the legal consequences connected to non-compliance with a deadline shall apply (e.g. approval of changes to contractual provisions, the presumption that statements are correct in accordance with the GTC, etc.). In any event, the User shall be obliged to access the Platform at regular intervals and at least once a month to check whether new information is available.
3.3. The User confirms that he/she has been lawfully issued with the email address and mobile telephone number provided during registration pursuant to clause 2. (hereinafter jointly referred to as the “Electronic Address”) and that they are currently valid. In the knowledge of and in agreement with the obligations to cooperate and exercise due care as set out in clause 4., the User authorizes the Issuer (including the Issuer’s agents which offer or provide Services connected with the Card or the Platform) to send inter alia the following information to these Electronic Addresses and to process any consents or responses sent by the User in that regard from these Electronic Addresses without further verification:
- a.) Information regarding the Platform (e.g. suggestions regarding new functions or the availability of new information);
- b.) Information about the client relationship and promotional material for the product (e.g. information on statements and – if included in the applicable product – about the loyalty program and insurance coverage, as well as tips regarding advantages of using the card, etc.) and information about the card relationship (both from the date of this authorization and also regarding facts that lie in the past);
- c.) Fraud alerts;
- d.) Requests for permission to send further information.
Once information pursuant to this clause 3.3. has been transmitted to the Electronic Address, it is deemed to have been served on the User. Clause 3.2. shall apply accordingly.
3.4. The User may notify the Issuer at any time that he/she does not wish to receive information pursuant to clause 3.2. b-d).
3.5. Regardless of an authorization by the User, the Issuer reserves the right in individual cases not to communicate electronically with Users domiciled outside Switzerland and/or with foreign electronic addresses.
3.6. The User acknowledges that during communication to Electronic Addresses as defined in 3.2., data are transmitted without encryption via an open network with full public access, the Internet, or via mobile telecoms networks. The data are therefore transmitted regularly and without supervision across borders, even if the sender and recipient are both located in Switzerland. Data of the User may also be lost during transmission. Data may be intercepted, viewed, changed or misused by unauthorized third parties. It is therefore possible to conclude that a business relationship exists or will exist in the future. The identity of the sender can be simulated or tampered with.
4. Obligation to cooperate and exercise due are
4.1. The User acknowledges that an unauthorized access to the Platform may also enable an abuse of the related Services. Where possible, the User shall therefore take all measures necessary to exclude the risk of unauthorized access to the Platform and the Electronic Addresses or an unauthorized use of the same. The User shall immediately notify the Issuer by telephone if the User knows or must assume that third parties have or had unauthorized access to the Platform and/or to Electronic Addresses.
4.2. The User is particularly subject to the following duties of care with respect to the Access Data: The User
- a.) must choose 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.) shall immediately notify the Issuer when there is reason to believe that a third party has become aware of the password and shall change it if this occurs or if the Issuer so requests;
- c.) has a duty to keep the Access Data secret, and to not note them down, either fully or altered nor in encrypted or unencrypted form on the credit card or otherwise, or electronically save them in unencrypted form; the User must also not give the Access Data to third parties or make them accessible to a third party in any way;
- d.) shall ensure that he/she is not observed when entering the Access Data;
- e.) shall only enter the Access Data when he/she has accessed the Platform via the address communicated by the Issuer (e.g. Internet address) but not if he/she arrives on the Platform via other channels (e.g. links).
4.3. With regard to devices which the User uses to register for or log on to the Platform and/or for electronic communication, the User has the following duties of care, in particular: The User
- a.) shall activate suitable protection measures (e.g. password protection, PIN, touch ID, fingerprint and/or facial recognition, etc.) for the use of the device;
- b.) shall ensure that his/her 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 the Platform, 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/her device by using suitable protective measures, particularly by continuously updating programs and by undertaking all other security precautions as customary and in accordance with the current state of the art for the use of public electronic networks, e.g. using software only from trustworthy sources (e.g. mobile apps only from official app stores) and continuously updated antivirus programs as well as installing a firewall;
- g.) shall not give the device to third parties for unsupervised (temporary or permanent) use (e.g. sale, gift, loan, deposit, pawn, repair) until all data connected with the Platform, including any transaction data, has been deleted from it and the Swisscard app has been deleted or fully reset;
- h.) shall immediately notify the Issuer of the loss of the device and shall take all measures available to him/her in order to prevent the continued use of the device (e.g. using remote deletion or a SIM block, possibly through the mobile network operator) and
- i.) shall only use third-party devices if they offer sufficient security in terms of the provisions of this clause 4.3.
4.4. As regards the Swisscard app the User is, in particular, obligated to only use the latest version of the Swisscard app.
4.5. The User’s devices are part of the overall system, but are outside the control of the Issuer and may become a weak point in the system. Despite all security measures, therefore, the Issuer cannot assume any responsibility for the devices. In particular, the User acknowledges the following risks:
- a.) lack of caution on the part of the User and/or lack of security precautions on the device can facilitate unauthorized access (e.g. insufficient protection for data stored on the hard drive, file transfers, screen radiation, failure to log out after using the Platform, deletion of Access Data from memories, disclosure of Access Data in the event of phishing or similar attacks, etc.);
- b.) there is a risk that a third party could gain undetected access to the device during the use of the Platform;
- c.) there is a risk that when using a network (e.g. the Internet), viruses and similar could be transmitted to the device when the device is connected to networks (e.g. the Internet).
4.6. If security risks are detected, the Issuer reserves the right to suspend the use of the Platform at any time for the protection of the respective User or all users until such risks are resolved.
4.7. The User is obligated to notify the Issuer immediately of changes in the information provided when registering for the Platform (see clause 2.2.) such as changes in the email address or mobile telephone number in particular. Until such a notice is received, the Issuer is authorized to consider the information most recently provided as valid information.
4.8. For Clients, the duties of care pursuant to this clause 4. are part of the duties of care pursuant to the GTC.
5. Exclusion of warranty and liability
5.1. The Issuer assumes no responsibility for the continued, fault-free or uninterrupted unavailability of the Platform and the Services. The Issuer does not facilitate technical access to the Platform. The Issuer assumes no responsibility for network operators (e.g. Internet providers, mobile phone providers), for the manufacturers of the User’s devices and the software operated on them, or for other third parties. Furthermore, the Issuer assumes no responsibility for the accuracy, precision, reliability, completeness, confidentiality, and transfer time of all electronically transmitted data.
5.2. Subject to the reservation of legal or contractual liability for damage caused by gross negligence or wrongful intent, the Issuer excludes any and all liability for damage as a consequence of using the Platform or the Services and for damage suffered as a consequence of permanent or temporary unavailability of the Platform or Services.
5.3. Where the GTC were agreed with the User, the liability provisions pursuant to the GTC shall remain applicable without change.
6. Amendments / discontinuation at any time
6.1. The Issuer reserves the right to temporarily or permanently restrict or discontinue or lock the Platform or individual Services, or to make the use conditional upon additional authentications, for all or for individual Users, categories of Users or Client groups, in whole or in part, at any time and without prior announcement. The Issuer is further entitled to adjust the functional scope of the Platform at any time (to expand or restrict it).
7. Term and termination
7.1. The User may terminate the use of the Platform at any time by giving written notice.
7.2. Moreover, the right of use for Services on the Platform that are reserved for Clients may also be limited or revoked by the Issuer once the termination of the card relationship in question takes effect.
7.3. If a Cardholder notifies the Issuer in order to block a Card and if the Card is subsequently blocked, clause 7.2. shall apply accordingly.
8. Non-disclosure and data protection
8.1. The data protection provisions in the GTCs shall apply. They shall be supplemented by the following provisions.
8.2. The User acknowledges that, by installing and using the Swisscard app and/or registering and using the Platform, third parties (e.g. Apple or Google) may extrapolate the existence of a customer relationship with the Issuer and certain content.
8.3. The User further acknowledges that the network operator (e.g. Internet provider, SMS provider) may create a traffic profile of the User and thereby trace with whom the User has had contact and when.
9. Intellectual property rights
10. Use abroad
The User acknowledges that the use of the Platform abroad may violate provisions of foreign law under certain circumstances. The Client is responsible for obtaining information in that regard. The User further acknowledges that import and export restrictions may exist for the encryption algorithms, which he/she may violate under certain circumstances if he/she uses the Platform outside of Switzerland. In case of doubt, the User must refrain from using the Platform abroad. The Issuer refuses any liability in this respect.
11. Governing law and place of jurisdiction
11.2. If the User is a consumer and resides in Switzerland, the courts in his/her place of residence shall have jurisdiction for all disputes arising from this contractual relationship. The User may also file suit in the domicile of the Issuer, however. For all other Users, the place of performance and debt enforcement and the exclusive venue shall be Horgen. Nevertheless, the Issuer may also assert its rights before any other competent authority and before any other competent court. Mandatory statutory provisions of Swiss law remain reserved.
B. Special section: Swisscard Digital Services
13. Inputting and updating of information
The User may input or update certain information via the Platform (e.g. notification of a change of address or notification of a new or amended electronic address). The Issuer may make such data input or update conditional on a check and approval.
14. Documents and forms
The Client may order documents (e.g. certificates of interest or copies of previous invoices) and forms (e.g. direct debit form or Priority Pass registration) via the Platform.
15. Logging card applications
The Platform gives Users the opportunity of submitting applications for Cards and, in the case of companies, for basic accounts.
16. Activating installment facility or increasing limits
The Client may order personalised application forms (e.g. for an activation of the installment facility or a limit increase) via the Platform.
The Client can use the Platform to submit applications for the activation of the installment facility or to increase limits.
17. Management of access rights with regard to corporate cards
With regard to certain corporate cards, the Platform allows the online management of basic accounts and linked employee card accounts (jointly referred to as the “Corporate Card Account/s”). The administrative rights of the Company are comprehensive and relate to all Corporate Card Accounts. The employee can manage only his/her 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.
18. Balance/transaction notification
18.1. The Client can use the balance/transaction notification to specify a notification amount (e.g. a balance amount or a transaction amount). Each time this amount is exceeded, the Client will be notified (including any communication of additional information such as the current spending balance for the relevant card account) via SMS sent to the Client’s mobile telephone number filed with the Issuer, by push message or in any other way as determined by the Issuer.
18.2. The balance/transaction notification (including any communication of additional information such as the spending balance) is not legally binding and may differ from the actual spending balance. The Issuer cannot guarantee that transactions will be shown in real time. Only statements delivered to the Client in paper form or electronically pursuant to the Issuer’s provisions (including the spending balances listed therein) will be considered valid.
19. Transaction summary and information on monthly statements and the card relationship
19.1. Via the Platform the Client can view transactions from current and past billing periods for his/her Cards (i.e. particularly cash withdrawals and payments including the amount of the individual transaction and the name of the merchant involved) and information on monthly statements from past billing periods (e.g. invoice date, balance on billing date, minimum amount due, payments made by the Client). In addition, the Issuer 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.
19.2. Clause 18.2. shall apply accordingly.
20. Expense tracker
The Client may assign individual transactions to categories, e.g. for an overview and for budget planning. These can be defined via the Platform and will neither be used by the Issuer for any other purposes nor disclosed to third parties. The categories and the corresponding listings of transactions will be displayed to the Client in the Platform and cannot be exported from it.
21. Request for e-statements
21.1. The Client may choose to receive his/her monthly card statements electronically. He/she will then be notified via email or in another suitable form as soon as a new statement is available. If the Client opts to receive statements electronically, clause 3.2. shall apply. If the Client finds that he/she has not received any new statements for four (4) weeks from the receipt of the last statement, even though charges have been incurred during this period or there is still an outstanding balance on the account, he/she must promptly notify the Issuer of this circumstance. The Issuer shall have the right to send statements exclusively or additionally in hard copy, without stating any reasons, to the provided postal address.
21.2. Because statements are retained on the Platform for a limited time only, the Client is advised to save statements on his/her own data media or to print out hard copies of the statements as soon as they are made available. There may be a charge for delivery of hard copies of previous statements. The Client himself/herself is responsible in accordance with any statutory regulations for the maintenance of records, appropriate retention, and the further use, including the integrity, of the accessed statements. The Issuer cannot guarantee that the electronically provided statements will be recognized as evidence by domestic and foreign authorities. The Client is responsible for the use of such statements in communications with the authorities.
22. 3-D Secure
22.1. The Issuer uses the 3-D Secure standard (hereinafter “3-D Secure Transaction/s” or “3-D Secure”) in order to identify Cardholders in the event of Card payments on the Internet. The Issuer may require an additional registration for the use of 3-D Secure.
22.2. 3-D Secure may be used via the Swisscard app, with the help of transactions numbers (known as “mTAN”) received by SMS or by way of other user processes approved by the Issuer. The Client can make certain transactions on the Internet only with 3-D Secure. Notwithstanding the above, the Issuer reserves the right to authorize a specific number of 3-D Secure Transactions. 3-D Secure Transactions released in accordance with this clause are deemed to have been approved within the meaning of the GTC.
22.3. The Client cannot deactivate 3-D Secure.
23. Identification of the User
23.1. The User may identify themselves to the Issuer via confirmation in the Swisscard app (e.g. in the event of phone calls to the Issuer’s customer service).
23.2. If a User identifies themselves within the meaning of this clause 23., all statements made by the person identified in this way shall be attributed to the User.
24. Rewards shop
25. Bonus and loyalty programs
On the Platform, the Issuer may display to the Client the status (balance) of the Client’s credits (e.g., points, miles, etc.) in premium and loyalty programs (hereinafter the “Program”) accrued by card use or in another way, as well as additional information on the Program in question (e.g., membership number, Program status) insofar as the relevant Program (e.g., Membership Rewards, Point-up, or Programs of third parties such as airlines, hotels, car hire firms, etc.) is linked to a Card.
Using the Platform, Clients can pay for Card transactions using balances in Programs.
Swisscard may exchange information with the operators of Programs for the purposes listed in paras. 1 and 2
26. Temporary Card blocking and unblocking
The Client can temporarily block and unblock Cards via the Platform. The Client acknowledges that this does not release him/her from compliance with the obligations to exercise due care pursuant to the GTC and that the liability and responsibility provisions pursuant to the GTC remain unaffected. The Issuer can block a Card unblocked by the Client at any time.
27. Card replacement
The Client may order a replacement Card via the Platform in certain cases provided for by the Issuer.
28. PIN code
The Client can use the Platform to view the personal identification number (“PIN Code”) of his/her cards or order a letter containing the PIN Code of a card (reminder letters).
29. Travel information
The Client can notify the Issuer of any pending travel via the Platform by entering countries or regions. The Client acknowledges that, notwithstanding this notice, the Issuer may block the affected Cards at any time in accordance with the GTCs.
30. Direct debit
The Client can authorize the Issuer via the Platform 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 date of collection, the amount available will be increased up to a maximum of the fixed spending limit.