Version 01/2021

Declaration of Consent to the Terms and Conditions for Use of Swisscard AECS GmbH Cards electronically stored in SwatchPAY!

By selecting the confirmation checkbox, I hereby declare that I have read, understood, and accepted the following Terms and Conditions of Use for Swisscard AECS GmbH Cards electronically stored in SwatchPAY!, particularly sections 2 to 4, 7 to 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 SwatchPAY!

 

1. General Provisions

1.1 These “Terms and Conditions for Use of Swisscard AECS GmbH Cards electronically stored in SwatchPAY!” (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 SwatchPAY! (hereinafter “eWallet”).

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 cannot be used for cashless payment by Card (hereinafter “eWallet Transaction”) until the Card has been registered in the respective eWallet.

2.2 For registration, the Client will be asked to enter the name printed on the Card, the card number, the expiry date, the CVC (card validation code), and any other data required by the eWallet Operator (hereinafter “Card Data”) in the application provided by the eWallet Operator for that purpose (hereinafter “eWallet App”). This information must be entered manually, if necessary by inputting the Card Data via camera or other procedure for automatic input of the Card Data, by selecting a Card already specified previously with an 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 may 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. In addition, the eWallet Operator may provide special procedures (e.g., visiting one of the eWallet Operator's official shops) in order to register the Digital Card Number on the Client's devices specifically authorized by the eWallet Operator for the eWallet, by means of which the user can use/manage the eWallet in accordance with the eWallet Operator's General Terms and Conditions or on which the Digital Card Number is located (e.g., watch or mobile phone, hereinafter "Device“). The successful completion of 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 any reasons.

3. eWallet Transaction, transaction approval, and management of the Digital Card Number

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

3.2 The eWallet Operator may allow the Client to use the eWallet App to block, unblock or delete the Digital Card Number stored on a Device for transactions using the eWallet. For information about the relationship of the (physical) Card to the Digital Card Number, see section 5.

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

4.1 The Client undertakes to protect all Devices and the eWallet App - to the extent possible - by setting up an unblocking mode using a suitable means of identification (e.g., secure password that is difficult to guess, a pattern lock, iris or fingerprint recognition) 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 shall not leave his Devices unattended or manipulate the Devices in any way, such as jailbreaking or rooting, and must constantly 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 unlocking 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 in the respective Device. The following supplementary rules apply:

a. If the eWallet App is located on a Device that is to be transferred, then before transferring the Device the user shall delete the eWallet App or restore the Device to its factory settings (see section 9 of these terms and conditions). If, upon deletion of the eWallet App, the Client does not promptly reinstall the eWallet App on another Device, then the Client will have to promptly contact the Issuer whenever the Client wishes to lock, unlock or delete the Card Number.

b. If the Digital Card Number is located on a Device that is to be transferred, then the Client is also required to delete the Digital Card Number by means of the eWallet App before transferring the Device and to contact the Issuer to confirm the deletion of the Digital Card Number.

4.4 If the Device is lost, the Client shall immediately inform the Issuer thereof and request deletion of the Digital Card Number. The following supplementary rules apply:

a. If a mobile phone is lost, the Client must, in addition, immediately block the SIM card (or have it blocked by the network operator) and, if possible, have the Device blocked by the Device manufacturer.

b. If the loss concerns a Device on which the Digital Card Number is located, the Client shall also promptly use the eWallet App to delete the Digital Card Number.

The obligations of the present section 4.4 shall apply even if the Device is merely presumed lost.

4.5 TheobligationstocooperateandexerciseduecarepursuanttotheGTCsandthegeneral terms and conditions of the eWallet Operator shall also apply.

5. Impact of Card Status on Electronic Storage

5.1 In principle, the possibility of performing transactions using the eWallet depends on the status of the Card (renewal, cancelled, blocked, unblocked).

5.2 Independently from the physically issued Card, electronic storage can be terminated, blocked or unblocked separately for each Device, without affecting the Card Status. In particular, if the Customer blocks the Digital Card Number, that does not result in blocking the Card.

5.3 Electronic storage must be performed separately for each principal or additional card by their respective cardholders.

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 Card use 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 these Terms and Conditions and the general terms and conditions of the eWallet Operator (particularly the obligations to cooperate and exercise due care) and provided that the Client 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).

7.2 The Issuer is not responsible for the eWallet itself, or for the eWallet App, the Devices authorised by the eWallet Operator, or the services, acts or omissions of the eWallet Operator or network operator (e.g. Internet service provider or mobile service provider).

7.3 TheIssuerdoesnotguaranteethatthepaymentoptionusingtheeWalletwillalways be available and is not liable for any damages resulting from disruptions, interruptions, failures, or overloading of IT systems of the Issuer, third parties commissioned by the Issuer, or the Internet.

7.4 Payment in or from foreign countries 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 other countries.

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 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 the 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 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 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 may be procured, processed and transferred for other purposes by the eWallet Operator (including possible 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 (including 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 in foreign countries and that Data may be 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. including 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 Electronic Storage

9.1 If stipulated by the eWallet Operator, the Client can terminate 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 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 Electronic Storage in specific eWallets or in all eWallets at any time, in whole or in part, without stating its 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. Changes shall be announced to the Client in a suitable manner (e.g., by a notice in/via the App, by SMS, e- mail or post) and shall become applicable, at the latest, the first time the Client uses the eWallet following the effective date of the change, unless already accepted by the Client directly in/via the App, providing that Electronic Storage has not been cancelled at a date prior to the effective date of the change.

10.2 Communication

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

10.2.2 The Client acknowledges that despite appropriate precautions by the Issuer and/or the Client, any and all electronic communication will be sent 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, PO Box 227, 8810 Horgen

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.