Version 01/2021

Declaration  of  Consent  to  the  Terms  and  Conditions  for  Use of Swisscard AECS GmbH Cards Electronically Stored in Apple Pay

By selecting the confirmation checkbox, I hereby declare, as the principal or additional cardholder, that I have read, understood, and accepted the following Terms and Conditions for Use of Swisscard AECS GmbH Cards Electronically Stored in Apple Pay, particularly sections 2 – 4, 7 – 8 and 10, and that I am the person named on the card being used for storage.

Terms and Conditions for Use of Swisscard AECS GmbH Cards Electronically Stored in Apple Pay

 

1. General Provisions

1.1 These “Terms and Conditions for Use of Swisscard AECS GmbH Cards Electronically Stored in Apple Pay” (hereinafter “Terms and Conditions”) apply to the electronic storage of a payment card (hereinafter “Card”) of Swisscard AECS GmbH (hereinafter “Issuer”) and its use in Apple Pay (hereinafter “eWallet(s)”).

1.2 Following successful registration of the Card pursuant to section 2 below, a digital card number will be generated (hereinafter “Digital Card Number”) and stored in the eWallet (hereinafter “Electronic Storage”).

1.3 These Terms and Conditions apply in addition to the other applicable regulations governing the contractual relationship between the Issuer and the principal cardholder or additional cardholder (hereinafter “Client”), including in particular the Issuer's general terms and conditions applicable to the card product in question (hereinafter “GTCs”; available at: www.swisscard.ch). In the event of conflicting provisions, these Terms and Conditions shall take precedence over the GTCs.

1.4 Unless these Terms and Conditions contain an explicit provision to the contrary, they shall take precedence over any general terms and conditions of the eWallet operator (hereinafter “eWallet Operator”) in the relationship between the Issuer and the Client.

2. Registration

2.1 An eWallet can only be used for cashless payment via Card (hereinafter “eWallet Transaction”) after this Card has been registered in the respective eWallet. 

2.2 For the registration, the Client will be asked to enter the name printed on the Card, the Card number, the expiry date, the card security code, and possibly other data required by the eWallet Operator (hereinafter “Card Data”). These Card Data must be entered manually, if necessary by importing them via camera or other procedure for automatic import of the Card Data, by selecting a Card already specified previously with the eWallet Operator in another context as a payment means, or in some other manner pursuant to the provisions of the eWallet Operator. Once all the Card Data have been entered completely, various checks will be performed by the worldwide card network (e.g. American Express, MasterCard, or Visa, hereinafter the “Card Network Company”), the eWallet Operator, and the Issuer (cf. section 8.2 of these Terms and Conditions). After these checks are performed, additional steps for Client authentication may be made. The successful completion of the registration will be confirmed to the Client by the Issuer either directly in the eWallet, by email, by SMS, or in another manner. The Issuer is entitled to reject the registration of the Card in the eWallet without stating reasons. 

3. eWallet Transaction and Transaction Approval

Each eWallet Transaction shall be considered as a Card transaction approved by the Client within the meaning of the GTCs, regardless of whether the transaction was performed by the Client or unlawfully by third parties.

4. Client’s Obligations to Cooperate and Exercise Due Care

4.1 The Client undertakes to protect all devices on which his Digital Card Number is stored or by means of which the eWallet will be used (hereinafter “Device”) and the eWallet, if possible, by setting up an unblocking mode using a suitable means of identification (e.g. secure password that is difficult to guess, pattern lock, iris recognition, or fingerprint) as well as other suitable means of protection (e.g. malware protection, firewall).

4.2 The Client must keep his personal means of identification secret. He may not divulge the means of identification to third parties. The Client must not leave his Device unattended, must not manipulate the Device in any way, such as jailbreaking or rooting, and must consistently keep the original operating system and the eWallet program up to date. No third-party means of identification (e.g. biometric data of a third party, such as a fingerprint) for unblocking may be stored on the respective Device or in the eWallet.

4.3 Before (temporarily or permanently) handing over the Device (e.g. sale, gift, loan, deposit, pawn, repair), the Client must delete all Card and transaction data (cf. section 9 of these Terms and Conditions).

4.4 The Client must immediately inform the Issuer if the Device is lost, and must order the blocking of the Digital Card Number with the Issuer. If the Device is lost, the Client must also immediately block the SIM card (or have it blocked by the network operator) and, if possible, must also have the Device blocked by the Device manufacturer. The obligations of this section shall apply even if the Device is merely presumed lost.

4.5 The obligations to cooperate and exercise due care pursuant to the GTCs and pursuant to the general terms and conditions of the eWallet operator shall also apply.

5. Changes to the Card or to Electronic Storage

5.1 Renewal, termination, blocking, or unblocking of the Card shall generally also apply for its use via eWallet.

5.2 Electronic Storage can be terminated, blocked, or unblocked separately for each Device, independently of the physically issued Card, and does not change the status of the Card, although in contrast to the procedure stipulated for Cards in the GTCs, this must be done separately for each principal and additional Card by its respective holder.

6. Cost

6.1 Electronic Storage or an eWallet Transaction may be associated with fees. The Client will be informed of the existence, type, and amount of such fees on or in connection with the Card applications and/or in another suitable form.

6.2 The fees communicated to the Client shall apply for the use of the Card and for the contractual relationship between the Client and the Issuer.

6.3 For data transfer by the Client via the Internet (incl. roaming) and other services by the network operator, the fees pursuant to the agreement between the Client and his network operator shall apply.

7. Responsibility and Liability

7.1 Provided that the Client fully complies with the GTCs, these Terms and Conditions and the general terms and conditions of the eWallet operator, (in particular the obligations to cooperate and exercise due care) and provided that he is not otherwise at fault, the Issuer shall assume the charges resulting from proven unauthorized use of the Digital Card Number by third parties. In such a case, the Client must assign to the Issuer upon first demand all claims arising as a result of the damage event (including any insurance claims, if applicable).

7.2 The Issuer is neither responsible for the eWallet itself nor for the services, actions, and omissions of the eWallet Operator or the network operator (e.g. Internet provider or mobile service provider).

7.3 The Issuer does not guarantee that the payment option using the eWallet will always be available and is not liable for any damages resulting from disruptions, interruptions, failures, or overloading of IT systems of the Issuer, of third parties commissioned by the Issuer, or of the Internet.

7.4 Payment in or from abroad via the eWallet may be subject to local legal restrictions or may violate foreign law. The Issuer assumes no liability for such payments in or from abroad.

7.5 In other respects, the provisions concerning the Client’s responsibility and liability pursuant to the GTCs remain in effect without change.

8. Data Protection

8.1 The processing of information relating to the Client, namely Client, Card, and transaction data, as well as the Digital Card Number (hereinafter “Client Data”) shall be governed by the GTCs. Further information about data processing is available in the Privacy Statement, the latest version of which can always be viewed at www.swisscard.ch/dataprotection or requested from the Issuer. During the registration and use, Device information, data from a SIM card or memory card and geodata (hereinafter jointly “Device Data”), as well as information from the Client’s business relationship with the eWallet Operator (also in its function as Device manufacturer or operator of an operating system installed on the Device, hereinafter “eWallet Operator Data”) may be additionally processed.

8.2 Within the scope of the registration, renewal, termination, blocking, and unblocking of the Electronic Storage and/or within the scope of eWallet Transactions, Client and Device Data as well as eWallet Operator Data may be exchanged between the Issuer, the eWallet Operator, and the Card Network Company to the extent necessary for the following purposes:

  • checking to verify that the Electronic Storage is permissible,
  • verification and matching of Client identity and identity of the Device owner,
  • prevention of misuse and fraud,
  • compliance with supervisory provisions (e.g. national/international sanctions),
  • creation/update of Digital Card Number and matching of status information (renewal, termination, blocking, unblocking, etc.) between Card and Electronic Storage,
  • creation of a list of past transactions in the eWallet (e.g. information on point of acceptance, transaction amount, and transaction date).

8.3 The general terms and conditions of the eWallet Operator may stipulate that the data mentioned in section 8.2 can be acquired, processed, and disclosed for other purposes by the eWallet Operator (including any third parties).

8.4 The Issuer is not responsible for the acquisition, processing, and disclosure of data by the eWallet Operator, the Card Network Company, and any third parties commissioned by them (incl. section 8.3 of these Terms and Conditions). This is the subject matter of their general terms and conditions. The Client acknowledges that the eWallet Operator, Card Network Companies, points of acceptance, and third persons commissioned by them or by the Issuer may be located abroad and that data are processed worldwide, including outside of Europe. Client and Device Data as well as eWallet Operator Data are generally encrypted and/or transmitted via a secure channel, and possibly worldwide, during registration, when making changes to the Card or to Electronic Storage, and in the eWallet Transaction. Notices from the Issuer for the purpose of additional authentication of the Client and for confirmation of the successfully completed registration, however, are transmitted unencrypted over an open network that is publicly accessible (e.g. Internet, text messages). The Client acknowledges that in the case of unencrypted messages sent over an open network, third parties could draw conclusions regarding an existing contractual relationship with the Issuer. Even if the sender and recipient are located in the same country, data transfer across such networks frequently also occurs via third countries, i.e. also via countries that do not offer the same level of data protection as that offered by the Client's country of domicile. Data may be lost during transmission or may be intercepted, manipulated, and misused by third parties, or the sender’s identity may be simulated or manipulated.

9. Termination of the Electronic Storage

9.1 If stipulated by the eWallet Operator, the Client can terminate the Electronic Storage pursuant to the rules and instructions of the eWallet Operator (including removal of Card- related data from the eWallet). If stipulated by the Device manufacturer, the Client can terminate the Electronic Storage by deleting the eWallet from the Device or by resetting the Device to its factory settings (deletion of all data entered by the Client).

9.2 The Issuer reserves the right to terminate or restrict the Electronic Storage in specific eWallets or in all eWallets at any time, in whole or in part, without stating reasons.

10. Other Provisions

10.1 Amendments to these Terms and Conditions

The Issuer reserves the right to amend these Terms and Conditions at any time. Amendments shall be brought to the attention of the Client in an appropriate manner (e.g. via SMS, email, letter mail), and shall be deemed as approved if the Electronic Storage has not been terminated as per a specific date before the amendment enters into force.

10.2 Communication

10.2.1 The Issuer is entitled to inform or contact the Client during registration or for the purpose of notifying the Client of an amendment to these Terms and Conditions (cf. section 10.1) by SMS, by email, by letter mail, by pop-up in the eWallet, or by using additional means of communication

10.2.2 The Client acknowledges that despite appropriate precautions by the Issuer and/or the Client, any and all electronic communication takes place via channels that are neither secured nor confidential, and may therefore be viewed, intercepted, or changed by third parties, or may be lost.

10.3 Issuer’s Contact Information

Company Name and Address:
Swisscard AECS GmbH, Postfach 227, 8810 Horgen, Switzerland

Website: www.swisscard.ch

10.4 Applicable law and place of jurisdiction

Applicable law and place of jurisdiction conform to the provisions of the GTCs.