General Terms for Electronic Communication
General Terms for Electronic Communication of BonusCard.ch AG
Version March 2012
1. Scope of application
These terms govern the legal relationship between BonusCard.ch AG ("Issuer"), on the one hand, and the holder of a main or supplementary card ("Card Holder") and the relating account ("Account Holder"), on the other hand, with respect to the mutual exchange and submission of information through electronic communication means such as e-mail or sms (collectively, "Electronic Means of Communication"). The Issuer transmits to the Card Holder in accordance with these terms periodically invoices and/or account information through Electronic Means of Communication as well as information that is required by the Card Holder in order to either authorize himself for purchase transactions or for access to account information over the Internet (collectively, the "Online Services"). If not provided otherwise in these terms, the rules for Card Holders apply by analogy to Account Holders. For the purpose of a better readability the masculine form is used throughout, though the feminine form is also implied.
The Issuer reserves the right to amend these terms from time to time. Amendments will be communicated in writing or other appropriate form and are deemed to be accepted if the Card Holder does not cancel the Online Service or uses an Online Service after the effective date of the amendment.
Furthermore, the general terms and conditions of the Issuer regarding payment cards ("GTC") apply by analogy also in connection with the use of Online Services.
2. Online Services, Effectiveness of Legal Transactions
Information regarding Online Services as currently provided by the Issuer is published on the website of the Issuer. The Issuer may adjust scope and content of the Online Services at any time in its full discretion.
In order to use Online Services, the Card Holder generally registers himself by indicating personal information such as mobile number and/or e-mail address (collectively, the "Contact Data"). The Card Holder acknowledges that the registered Contact Data is his own. In addition, individual legitimation and authorization data (such as passwords and/or security messages; "Legitimation Data") are being determined for Card Holders and partially also for each transaction.
Before rendering an Online Service, the Issuer verifies if the user of an Online Service has indicated the Legitimation Data assigned to him in a complete and correct manner and/or if the Contact Data corresponds to the Contact Data registered by the Issuer. If a user has identified and/or authorized himself, he is deemed to be the Card Holder by the Issuer and all legal actions by the user (such as the issuance of orders, directives and instructions) and by the Issuer (such as the rendering of information) are valid and binding for the Card Holder. The Issuer reserves the right to refuse performance of a legal transaction and to request that the user is authorized in a different manner. The Card Holder acknowledges that he has been informed of the special risks regarding Electronic Means of Communication (in section 5 below).
3. Performance of the Issuer
The Card Holder acknowledges and agrees that the Issuer transmits Legitimation Data, account information and operational announcements (such as fraud warnings, planned business disruptions resulting from maintenance work or access barriers) to the Contact Data registered by the Card Holder.
The Contact Data and preferences are designated for the exclusive use of the Issuer, its affiliates and cooperation partners and will not be transmitted to any other company. Issuer and cooperation partner may use the information to contact the Card Holder, including through Electronic Means of Communications, for marketing purposes such as communications about the Issuer's new products and services as well as upcoming events. When being contacted, the Card Holder may request from the Issuer to cease transmitting further information of such kind.
The Issuer may adjust functionalities, legitimation and security methods and the infrastructure at any time in its full discretion. The Issuer is entitled to block access to Online Services at any time with immediate effect, in particular in case of suspicion of fraudulent use.
The Issuer may engage third parties for the provision of Online Services and operation of Electronic Means of Communication, but will ensure in such a case that the Contact Data will be protected by adequate technical and organizational means.
4. Performance of the Card Holder
At the time of issuance of these terms, no separate fees are due for Online Services. Any fees which may become due for the use of Online Services in the future will be published on the applicable product and performance overview prior to their introduction.
The Card Holder is responsible for obtaining secure access to the Internet through an Internet provider and/or mobile telephone network provider (the "Provider"). Third party costs relating thereto (such as Provider fees for installation, communication and network use as well as roaming fees in case of the use of Online Services from outside Switzerland) are borne by the Card Holder.
4.2 Duty of Care
In addition to the general duties of care set out in the GTC, the Card Holder will comply with the following duties of care specifically relating to Online Services:
- the Card Holder will comply with the provisions and procedures regarding the use of Online Services which have been communicated to him by the Issuer;
- the Card Holder will inform the Issuer immediately of the loss of the mobile phone, smartphone, computer or other device used for the Online Services (collectively, the "End Devices") or the suspicion of unauthorized access to or use of the End Device (the "Notification"), and the Card Holder will change immediately any Legitimation Data which the Card Holder can change on his own;
- changes of Contact Data must be notified to the Issuer in advance in writing, by e-mail or online in the respective entry field on the Issuer's website;
- a loss of the End Device must be immediately reported also to the Provider;
- the Card Holder ensures by adequate technical and organisational means that the End Devices are protected against unauthorized access or use by third parties, for example by installing access code and lock code as well as virus protection and firewall software on the End Device, by deleting cookies and the cache memory immediately after using Online Services, by regularly updating the software and when logging out by using the appropriate logout functionalities;
- the Card Holder diligently stores his End Device and relating instruments which enable electronic communication (such as, e.g., SIM cards);
- the Card Holder ensures access to the Internet in his own responsibility;
- data and information such as in particular Legitimation Data are secret, personal and may not be disclosed by the Card Holder to third parties; and
- passwords and access codes may not consist of easily identifiable combinations such as, e.g., telephone numbers, birth dates, number plates, names of the Card Holder or his family members etc.
5. Special risks by using electronic means of communication
The Card Holder acknowledges and agrees that:
- the Issuer does not warrant for absolute security of its networks, systems and servers and for the integrity and authenticity of the transmitted data;
- Card Holders may not receive data in time or at all (because of, e.g., Internet overload, transmission errors, technical errors, or business interruptions);
- data may be deleted, misdirected or modified because of errors or failures;
- data in particular when transmitted in unencrypted form may be intercepted and accessed by unauthorized third parties;
- data may be deleted or modified by unauthorized third parties, unnoticed by the parties;
- the data sender and/or receiver may be modified by unauthorized third parties unnoticed by the parties so that data which seem to be sent by the Issuer originate from a third party;
- End Devices which enable electronic communication with the Issuer are not controlled by the Issuer;
- networks, systems and servers which are used for the exchange of information between the Card Holder and Issuer are not controlled by the Issuer and may be accessible worldwide by anyone without restrictions;
- networks, systems and servers are not operational all the time without restrictions and that their functionalities may be restricted for technical or other reasons; and
- by using the Internet, harmful computer viruses may be introduced into the systems of the Card Holder or Issuer.
The liability of the Issuer arising out of or in connection with Online Services, including the liability for auxiliary persons, is excluded to the extent permissible by law. In particular, the Issuer is not responsible for any indirect or consequential damages, lost profits or any loss resulting from access barriers in accordance with section 3 above.
In particular, the Issuer is not responsible for damages which arise from an incorrect, incomplete, delayed or omitted transmission of data to the End Devices of the Card Holder and for damages arising in connection with the risks of using Electronic Means of Communication set out in section 5 above.
If the Card Holder has fully complied with these terms, his liability in connection with purchase transactions over the Internet for damages resulting from the misuse of End Devices, Contact Data and/or Legitimation Data by third parties (whereby relatives and persons living in the same household are not considered to be third parties) and arising before the Notification to the Issuer has been made is limited to an amount specified in the applicable product and services overview; as soon as the Notification has been duly made to the Issuer, the Card Holder is not liable anymore for such damages resulting from the misuse by third parties committed after the date of the Notification. If, however, the Card Holder has not fully complied with these terms, he is liable for all damages which arise out of or in connection with the use of the End Devices, Contact Data and/or Legitimation Data.
7. Beginning and End of Service Performance
An application for the use of Online Services may be made at any time (a) by the holder of a main card with respect to the main card and relating supplementary cards, (b) by the holder of a supplementary card with respect to such card and (c) by the Account Holder with respect to all main and supplementary cards relating to his account. The Issuer may at any time reject an application without giving any reason.
The Issuer may suspend or terminate the offering of Online Services at any time in full or part. The Card Holder or Account Holder may cancel the optional Online Services at any time by a respective communication to the Issuer whereby the preceding paragraph applies by analogy. The communication must be made in writing, by e-mail or online in the respective entry field on the Issuer's website.
8. Applicable Law, Jurisdiction
These terms are subject to substantive Swiss law. Exclusive place of jurisdiction is Zurich. Mandatory statutory