Consent to the Terms and Conditions for the Use of Swisscard Cards for Apple Pay
By clicking the confirmation checkbox, I hereby declare as follows:
- I have read, understood and accepted the following “Terms and Conditions for the Use of Swisscard Cards for Apple Pay”, particularly sections 2–4, 7–8 and 9 thereof, and
- the card I am registering on Apple Pay is in my name.
Terms and Conditions for the Use of Swisscard Cards for Apple Pay
1. General Provisions
1.1. These “Terms and Conditions for the Use of Swisscard Cards for Apple Pay” (hereinafter the “Terms and Conditions”) govern how a cashless means of payment (the “Card”) from Swisscard AECS GmbH (“Swisscard”) can be registered and used in Apple Pay (hereinafter the “eWallet”).
1.2. Following successful registration of the Card pursuant to section 2 below, a digital card number will be generated (hereinafter the “Digital Card Number”) and stored in the eWallet (hereinafter “Registration”).
1.3. These Terms and Conditions supplement the “General Terms and Conditions for Credit Cards of Swisscard AECS GmbH for Private Customers” (“GTCs”). In the event of conflicting provisions, the Terms and Conditions shall take precedence. Terms defined in the GTCs shall have the same meaning in the Terms and Conditions. If the client pays with their Card using the eWallet, this will be deemed use of the Card within the meaning of section 4.5 c) of the GTCs.
1.4. In the relationship between Swisscard and the client, the Terms and Conditions shall take precedence over any general terms and conditions of the eWallet operator (“eWallet Operator”).
2. Registration
2.1. The client may pay with their Card in the eWallet (“eWallet Transaction”) after registering their Card in the eWallet approved by Swisscard for use in the eWallet in accordance with sections 2.1.1 or 2.1.2 as follows: They
2.1.1. enter the name printed on the Card, the Card number, the expiry date, the security code (“Card Data”) and any other data required by the eWallet Operator in the eWallet. Alternatively,
2.1.2. they register the Card in the Swisscard app. The Card Data will be made available to the eWallet Operator by Swisscard. Once the client has completed all registration steps in the eWallet/Swisscard App, Swisscard will confirm this to the client in an appropriate manner (e.g., in the app or electronically).
2.2. The worldwide card network (e.g., American Express, Mastercard or Visa, the “Card Network Company”), the eWallet Operator, and Swisscard will perform various checks during Registration.
2.3. Swisscard is entitled to reject the Registration without stating any reasons.
3. 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. Each eWallet Transaction will be deemed approved by the client, even if it has/could have been performed Transaction approval
4.1. unlawfully by a third party.
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. Client’s Obligation to Cooperate and Exercise Due Care
5.1. The client's obligations to cooperate and exercise due care are based on the GTCs and apply to all devices on which their Digital Card Number is located or through which they use the eWallet (“Device”).
6. Changes to the Card or Registration
6.1. If the Card is renewed, cancelled, blocked or unblocked, this will also affect its use via the eWallet accordingly.
6.2. Swisscard or the client may terminate, block or unblock the Registration separately for each Device to the extent stipulated by the eWallet Operator and within the framework of its rules and instructions. The eWallet must be re-registered upon the first use of a new device. Changes to the Registration in the eWallet will not change the status of the Card. However, the client cannot change the Registration for other cards (e.g. additional cards for his main Card).
6.3. Swisscard reserves the right to terminate or restrict Registration in whole or in part in specific or all eWallets at any time and without stating reasons.
7. Fees
7.1. Swisscard may introduce or modify fees for Registration. It shall inform the user of any fees in an appropriate manner.
7.2. Unless otherwise communicated by Swisscard, the fees under the Card Agreement shall apply to eWallet Transactions.
8. Responsibility and liability
8.1. Swisscard is neither responsible for the eWallet itself nor for the services, actions, and omissions of the eWallet Operator or the network operators (e.g., internet provider or mobile service provider).
8.2. eWallet Transactions in or from foreign countries may be subject to local legal restrictions or violate foreign law. Swisscard assumes no liability for such transactions. The client is responsible for obtaining information in that regard and, in cases of doubt, shall refrain from making eWallet Transactions abroad.
9. Data protection
9.1. If the client registers or uses the eWallet, the eWallet Operator may process device information, data from a SIM card or memory card and geodata (jointly referred to as the “Device Data”) and information from the client's business relationship with the eWallet Operator, including in its capacity as the device manufacturer or operator of an operating system installed on the Device (“eWallet Operator Data”). Device Data and eWallet Operator Data may also contain client data.
9.2. Swisscard, the eWallet Operator and the Card Network Company may exchange client and Device Data and eWallet Operator Data in order to:
- verify that the electronic storage is permissible;
- verify and match the identity of the client and the Device owner;
- prevent abuse and fraud;
- comply with supervisory provisions (e.g. national/international sanctions);
- create/update the Digital Card Number and match status information (renewal, termination, blocking, unblocking, etc.) between the Card and the electronic storage;
- create a list of previous transactions in the eWallet (e.g. information about the acceptance point, transaction amount and transaction date).
9.3. In addition to the data processing set out in the Terms and Conditions, the data protection provisions in the GTCs will 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.
9.4. The general terms and conditions of the eWallet Operator may stipulate that the eWallet Operator (and any third parties) may obtain, process and disclose the data mentioned in section 8.2 for other purposes.
9.5. Swisscard is not responsible for how and for what purpose the eWallet Operator, the Card Network Company, and any third parties commissioned by them obtain, process or disclose data. This is the subject matter of their general terms and conditions and privacy notice.
10. Other Provisions
10.1. Communication
In addition to the GTCs, Swisscard may also notify the client via a pop-up in the eWallet/Swisscard app.
10.2. Governing law and place of jurisdiction
The applicable law and place of jurisdiction shall be determined according to the GTC.
Version 03/2023