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1.1 By ordering a payment instrument (hereinafter referred to as «Card») issued by Swiss Bankers Prepaid Services Ltd (hereinafter «SBPS»), the cardholder (in the case of physical persons) or the ordering company (in the case of legal entities) enters into a contractual relationship with SBPS and accepts the following General Terms and Conditions.
1.2 The cardholder or the ordering company undertakes to use the app provided by SBPS. The term «Card» includes both physical and virtually issued cards that are e.g. provided on digital end devices such as smartphones, smartwatches, or other mobile devices.
2. Beneficial ownership
2.1 By using the Card, the cardholder affirms that he or she is the sole beneficial owner of the assets held on the card.
3. Card order and customer identification
3.1 Cards can be requested and obtained via the SBPS website swissbankers.ch, via the app provided or via distribution partners. Depending on the product ordered and the intended scope of use, the client provides SBPS with their personal data and the necessary proof of identification.
3.2 SBPS reserves the right to decline a card application without stating grounds. In particular, card applications from persons who are taxable in the United States of America are not admitted by SBPS.
3.3 The customer is obliged to provide correct information and is fully liable for all consequences resulting from providing false information. Changes in the information provided on order placement, particularly regarding personal data or address, shall immediately be reported to SBPS in writing.
4. Loading the Card
4.1 The Cardholder or other persons can load funds onto the Card, i.e. onto the corresponding card account. SBPS reserves the right to restrict the group of such persons.
5. Balance and top-up limits
5.1 The card account is managed by SBPS in the card currency. Each card account has a balance limit and a top-up limit which are based on the product and the duties of care involved, and can be viewed on the SBPS website (swissbankers.ch). SBPS and its distribution partners reserve the right to limit the maximum card balance, the top-up frequency and the maximum amount that can be topped up or used per Card over a certain period of time.
6. Maximum number of cards
6.1 SBPS and its distribution partners reserve the right to limit the number of Cards per physical person or legal entity.
7. Transaction overview
7.1 Cardholders can check their card account at any time using the app provided.
8. Notification obligations
8.1 Where SBPS requires information pursuant to statutory or regulatory obligations, the Cardholder undertakes to respond to such information requests without delay.
9. Acceptance of the Card
9.1 The Cardholder can draw cash or make cashless payments exclusively at ATMs and cash registers with the Mastercard® logo or on the Internet at online shops that accept Mastercard cards.
9.2 SBPS may restrict or adapt the purposes for which the Card can be used at any time.
9.3 SBPS assumes no liability in the event that one of the above-mentioned locations refuses the Card for any reason or that the Card cannot be used due to a restriction.
9.4 If the Cardholder uses a virtual Card, he or she shall keep in mind when purchasing goods and services that presenting a physical Card is not required for the final purchase of the products and services.
10. Duties of care
10.1 In handling the Card, the Cardholder is subject to the following duties of care, in particular:
a) Signature: Cardholders are obliged to sign physical Cards immediately on receipt using a waterproof pen in the space indicated.
b) Safekeeping: The Card must be stored with care, like cash.
c) Secrecy: The PIN and other means of authentication must be kept secret. They must not be written on the Card or written down or electronically stored elsewhere.
d) Sharing prohibited: The Cardholder must not lend or share or make either the Card or the card data, the PIN or other means of authentication available to third parties in any other fashion.
e) Changing PIN codes and other means of authentication: Cardholders are obliged to change the PIN code for their Card immediately on receipt of the code from SBPS or another issuer. Changed PIN codes and other means of authentication must not be made up of easily identifiable combinations (telephone numbers, dates of birth, car registration numbers, etc.).
f) Checking card transactions: Cardholders are obliged to check their card account on a regular basis, at least monthly, using the app. Any irregularities must be reported to SBPS immediately, but no later than 30 days after the transaction date (see Section 12).
g) Notification in case of suspected misuse or loss: In the event of suspicion of misuse or loss of the Card, the PIN or other means of authentication, SBPS must be notified without delay so that the Card can be frozen. If criminal activity is suspected, the police must be notified without delay.
h) Compliance with all legal requirements: The Cardholder is responsible for compliance with all applicable legal requirements (including tax laws) and must comply with such legal requirements at all times. The Cardholder must use the Card only for legal purposes and transactions.
i) Credits to Card from unknown source: The Cardholder undertakes to notify SBPS without delay of any credits to his or her Card for an unknown reason and/or from an unknown source.
j) SBPS must be notified in writing immediately of changes in personal data, contact information and/or beneficial ownership.
11.1 Anyone who authenticates
a) through contactless use of the Card at a payment terminal or ATM, or
b) through use of the Card and entry of the corresponding PIN code at a payment terminal or an ATM, or
c) online by entering the card number, the card expiry date, the CVC code on the reverse of the Card and, if applicable, the Mastercard SecureCode/Identity Check, or
d) via their signature
is deemed by SBPS to be authorised to use the Card. This is also the case when the person concerned is not the actual Cardholder. SBPS is thus authorised to charge the amount of the transactions carried out in this way and registered electronically to the card account. Payment transactions that do not meet the above criteria are not deemed to be authorised.
11.2 By initiating a transaction, the Cardholder acknowledges the claim documented by the acceptance point (such as an online retailer). Any disputes concerning discrepancies and complaints about goods or services or claims resulting therefrom are to be settled directly by the Cardholder with the acceptance point in question (such as an online retailer) and recorded in writing.
12. Assumption of losses when not at fault
12.1 Any loss from misuse of the Card by a third party must be reported to SBPS without delay upon discovery, but no later than 30 days after the transaction date, with a written claim for the disputed transaction(s). Assuming that the Cardholder has met the conditions for use of the Card in all particulars (especially duties of care under section 10) and is not otherwise at fault, SBPS will assume the loss from misuse of the Card. By accepting compensation, the Cardholder assigns his/her financial claims for the loss to SBPS.
13. Liability in general
13.1 Should SBPS incur losses as a result of breaches of obligations on the part of the Cardholder, SBPS reserves the right to hold the Cardholder in question liable and to debit the Cardholder’s card account directly.
13.2 In the event that the card balance is exceeded, the Cardholder must make up the negative balance, including accrued fees, within 30 days by reloading the Card. Upon failure to make such a deficiency payment, SBPS has the right to demand immediate payment of the outstanding amount and to freeze the Card. Any reminder and collection costs are borne by the Cardholder.
14. Fees
14.1 Upon loading of the Card, SBPS may charge the Card or card account fees for processing of transactions carried out with the Card and for services provided by SBPS.
14.2 SBPS is also authorised to debit any fees charged by ATM operators or other parties involved in the payment transaction. The fees charged by SBPS itself are published on the SBPS website (swissbankers.ch).
14.3 Should the Cardholder request the issue of a replacement Card, they may be charged a fee by SBPS.
14.4 The sales outlet from which the Card was obtained may charge different fees; information on these fees can be obtained from that outlet.
15. Foreign currency transactions
15.1 In countries with a different currency to the currency of the card account, the transactions are generally carried out in the local currency. The conversion rate applied is the rate defined by the Mastercard network. The conversion rate applied is displayed following the transaction.
16. Technical faults and service downtime
16.1 The Cardholder is not entitled to compensation for technical faults and service downtime that restrict or prevent the use of the Card.
17. Freezing
17.1 SBPS will block the Card at the Cardholder’s explicit request, or if the Cardholder reports the loss of the Card and/or the PIN code and/or other means of authentication, or if this measure seems appropriate for the Cardholder’s protection. Cardholders can also block their Card themselves at any time in real time in the Swiss Bankers app. Furthermore, SBPS also reserves the right to block a Card at any time and without giving reasons.
17.2 SBPS has the right to charge the card account for uses of the Card before the freeze takes effect. SBPS assumes no liability for losses incurred by the Cardholder due to a freeze.
18. Account data and information
18.1 SBPS assumes no warranty for the accuracy and completeness of information and data obtained, for example, at ATMs, on the Internet or via other applications.
19. Validity of the Card
19.1 The duration of the Card’s validity is displayed on the Card. The card balance is not forfeited upon expiry of the Card. SBPS has the right to transfer the card balance to a new card before expiry of the Card and to furnish the new card to the Cardholder. Furthermore, at the Cardholder’s request, the card balance can be transferred to a different SBPS card or, for a fee, to an account to be specified by the Cardholder.
19.2 In the event that the Card is not used for a number of years and the card account balance falls below the minimum, SBPS reserves the right to refrain from replacing the card and may instead charge an annual service fee to the card account.
20. Messages from SBPS
20.1 SBPS is authorized to send communications by mail, phone, electronic channels (e.g. e-mail, Telefax, SMS, online banking, mobile applications, and other electronic communication channels) and by other transmission and transport means to the contact data used or explicitly provided to SBPS by the customer or by his/her representatives.
20.2 The customer is required to keep SBPS updated about the information provided on his/her person or his/her representatives, such as name, address, domicile, e-mail address, phone number, etc.
20.3 SBPS may make legally relevant information, conditions, and documents available to the customer and fulfill its information, disclosure, and notification obligations by publication in the Internet (at www.swissbankers.ch) and in the app.
20.4 In the event of suspected or actual fraud, or in the event of a security risk, SBPS will contact the client in an appropriate form (in writing, verbally or via electronic communication channels) and inform them of any block and the corresponding reasons, provided this is possible and does not violate any other legal requirements and/or any court or official orders.
21.1 The client can contact SBPS via e-mail, by telephone or in writing. The current contact details can be found on the SBPS website. Important information is posted on the website swissbankers.ch.
22. Data protection
22.1 By using SBPS services the Cardholder agrees to the following:
a) Personal data and data on card transactions and the card balance may be processed and shared within the SBPS Group.
b) Personal data and data on card transactions and the card balance may be exchanged with the sales outlet from which the card was obtained.
c) Personal data and data on card transactions and the card balance may be exchanged with parties involved in operational investigations (such as requests for reimbursement due to a disputed transaction).
d) Personal data may be transferred abroad for processing. In countries without data protection comparable to Switzerland’s, SBPS will ensure data protection by means of contractual guarantees.
22.2 The Cardholder agrees that SBPS may process behavioral data which do not permit direct conclusions concerning his or her person for marketing purposes and for market research, in particular for development of products and services in connection with the card relationship, use of the Card or ancillary/supplementary services.
22.3 The Cardholder agrees that his or her use of the Card may result in an exchange and storage of data about his or her person, card transactions and current card balance in Switzerland and abroad which are beyond the access and oversight of SBPS.
23. Outsourcing of business areas and services
23.1 Within the scope of the provisions of supervisory law and in accordance with supervisory directives, SBPS may outsource particular business areas and services (such as operation of IT systems) to service providers in Switzerland and abroad. In this context, such service providers may come into possession of data about the Cardholder and his or her card transactions and card balance, which the Cardholder hereby acknowledges and accepts.
24. Updating services
24.1 Mastercard offers updating services by which card renewals (e.g. a new expiration date or a replacement card) are automatically transmitted to the participating points of acceptance and providers of mobile payment solutions. This is to ensure that payments e.g. for recurring services such as online services or subscriptions are still made after a card renewal.
24.2 The Cardholder agrees that SBPS may transmit the card number and expiration date of his/her card or replacement card to Mastercard for the purpose of providing these updating services.
24.3 Mastercard is entitled to involve further commissioned data processors. Mastercard and said further commissioned data processors process the card data at home and abroad. Suitable measures to protect the card data are taken, and the commissioned data processors are required to ensure an adequate level of data protection. Via its worldwide networks, Mastercard transmits the card numbers and the updated expiration date to points of acceptance and providers of mobile payment solutions who support such updating services and to further parties involved in the updating services, such as acquirers or certified payment service providers, among others.
24.4 SBPS offers the Cardholder the possibility to unsubscribe from the updating services. The Cardholder may unsubscribe at any time by phone, in writing, or by e-mail to SBPS Customer Service.
25. Dormancy
25.1 In the event of dormancy, SBPS has the right to release data about the Cardholder and his or her card balance to the proper authorities.
25.2 Should it be necessary to conduct special investigations in connection with the dormancy, SBPS has the right to charge costs incurred, in particular investigation fees, to the card account.
26. Amendment of General Terms and Conditions
26.1 SBPS reserves the right to make amendments to the General Terms and Conditions at any time. The Cardholder is notified of any such amendments at least 30 days before they come into force via the app provided and at swissbankers.ch, and they can be called up at any time. Amendments to the General Terms and Conditions are deemed to have been approved if the Cardholder does not terminate the contractual relationship before the amendments come into force.
27. Termination of the contractual relationship
27.1 The contractual relationship terminates if the Cardholder or SBPS has cancelled the contractual relationship and the balances on all cards held by the Cardholder have been settled, or all cards held by a Cardholder show no funds after expiry.
27.2 SBPS may terminate the contractual relationship at any time without stating grounds.
27.3 Any card balance will be paid exclusively by electronic means to a bank or post office account in Switzerland.
28.1 Should this agreement be issued and signed in a language other than German, in the event of a dispute, the German version will take precedence with regard to the interpretation of the provisions of the agreement.
29.1 Should specific provisions of this agreement prove invalid, this will have no influence on the validity of the other provisions and the agreement as a whole.
29.2 Should one or several of the provisions of this agreement be or become partially or fully inadmissible, ineffective or unenforceable for any reason, this will not affect the overall validity of this agreement, and the invalid provision will be replaced by one that has been negotiated by the parties in good faith once they have been made aware of the invalidity of the provision concerned.
30. Governing law and jurisdiction
30.1 All legal relations with SBPS are governed by Swiss law. The place of jurisdiction is Bern.
The current General Terms and Conditions are available for inspection at www.swissbankers.ch.
Swiss Bankers Prepaid Services AG
Kramgasse 4, 3506 Grosshöchstetten, Switzerland
+41 31 710 12 15, info@swissbankers.ch, swissbankers.ch
Issued January 2024
© Swiss Bankers 2024
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