General terms and conditions of use of CA next bank TWINT

1. General Points

1.1. Field of Application

Crédit Agricole next bank (Suisse) SA (hereinafter the “Bank”) offers to its clients the CA next bank TWINT (hereinafter the “CA next bank TWINT application”), a mobile payment application for iOS and Android. The application allows users to make cashless payments using the TWINT payment system. The TWINT payment system is operated by TWINT AG based in Zurich (hereinafter “TWINT”).

These General Terms and Conditions of Use (hereinafter the “GTC”) govern the use of all services offered in the CA next bank TWINT application. These services include payment functions and extra services. More details about these can be found in the CA next bank TWINT application.

When the client registers with the CA next bank TWINT application, these GTC are deemed to have been accepted.

These GTC supplement the General Terms and Conditions of the Bank, which are and remain applicable.

These GTC, the Bank’s General Terms and Conditions, and all other contractual provisions the client is informed of in connection with the CA next bank TWINT application collectively constitute the contract between the client and the Bank (hereinafter the “Contract”).

1.2. Services

The CA next bank TWINT application can be used to make payments between TWINT users (hereinafter “P2P payments”) or as a payment method in stores, at cash machines, in online shops, and in service provider apps which accept TWINT as a payment method (hereinafter “merchants”) (hereinafter “P2M payments”). CANB also offers a range of value-added services as part of its CA next bank TWINT application. These include the registration or activation of physical cards and mobile marketing services. These value-added services allow clients to receive and manage coupons, loyalty cards and other promotional offers in the CA next bank TWINT application, as well as to collect stamps and receive loyalty gifts, discounts and credits via the CA next bank TWINT application.

It is also possible to use theCA next bank TWINT application abroad, but only with merchants that are members of a foreign payment system that cooperates with the TWINT payment system. These transactions are sent to the TWINT payment system via the foreign payment system (hereinafter “international payment”).

1.3. Technical Access to Services

The services can be accessed from any smartphone running an iOS or Android operating system that is compatible with BLE (Bluetooth Low Energy), and correct implementation of the Bluetooth protocol. The smartphone (hereinafter the “device”) must also meet the specifications indicated and required in the respective official App Store. Furthermore, a suitable infrastructure (e.g. QR code to be scanned on payment terminals or in online shops) must be provided by a merchant.

If no internet connection is available, the CA next bank TWINT application can only be used for a limited range of functions.

1.4. Registration and Identification

To use the CA next bank TWINT application, the client must sign up within the application and provide all the required information.

When the client installs the CA next bank TWINT application on their device, they must enter the telephone number associated with that device. The number will then be verified for security reasons. By adding their mobile phone number to the application, the client certifies that they are the legitimate user both of said phone number and of the device they are using.

The PIN code that the client must create to access the CA next bank TWINT application is strictly personal and can be used only by the client. The client is responsible for taking all the necessary security measures to keep their PIN secret. Where technically possible, the client may choose to use common forms of identification instead of the PIN code, such as fingerprint or facial recognition.

To complete the registration process, the client must then enter their CA next bank online banking login information into the CA next bank TWINT application, then select the bank account they wish to link to the application (hereinafter the “linked account”).

Should the data (in particular mobile phone number) provided at registration change, the client must inform the Bank without delay.

In order to use the CA next bank TWINT application, the client must (i) own a mobile phone device, (ii) have access to CA next bank e-banking, (iii) have a CA Start, CA Extra or CA First package, (iv) be the account holder of a current account in CHF, (v) be domiciled in Switzerland, France, Germany, Italy, Austria or Liechtenstein, and (vi) be aged between 14 and 120 years.

The Bank is entitled, without giving reasons and at any time, to refuse requests for registration, to cancel existing registrations, and to cancel a client’s access to services, without giving reasons. It is also entitled to restrict services at any time, in particular for legal or regulatory reasons.

1.5. Data Protection

The Bank and its partners are required to collect, process and transfer the client’s personal data in order to provide the CA next bank TWINT application and the services it offers. Detailed information on how this personal data is processed can be found in the Data Protection Policy.

1.6. Assistance

The CA next bank TWINT application provides the client with an assistance service. To provide this service, the Bank grants third parties access to the client’s data as required for this purpose.

1.7. Client’s Duty of Care

In using the CA next bank TWINT application, the client must comply with certain duties of care:

The client must protect their device (e.g. by locking the device or its screen) from unauthorised use or manipulation.
They must also ensure that the PIN code for the CA next bank TWINT application and the lock codes for the device or its screen are kept confidential. These must under no circumstances be disclosed to third parties or stored with the device.
The user code chosen should not be easy to guess.
If any damage occurs, it is the client’s responsibility to provide all information available to explain what has happened and limit the risks of damage. If a criminal offence has been committed, the client must file a criminal complaint with the relevant authorities.
The client must notify the Bank immediately if the device is lost – especially if it is stolen – so that the client’s CA next bank TWINT application can be blocked.
The client is not entitled to disable security mechanisms on the device, in particular to install unofficial applications (jailbreak), to install root access (configuration allowing access to the device system), or to download applications outside of the official App Store. Such actions expose the device to an increased risk of viruses and malware.
To avoid erroneous transactions, the client must check the recipient’s details prior to each payment.
The use of images or messages must comply with Swiss law.
When a client installs and activates the CA next bank TWINT application on their device, they confirm that they are the legitimate user of the device and are authorised to use the mobile phone number.
It is imperative that the client checks the payments made, especially upon receipt of the corresponding bank statement, and reports any irregularities to the Bank immediately but no later than 30 days after receipt of the statement. After this period, payments will be considered accepted. It is not possible to resolve problems with international payments. No claims regarding these will be accepted.
If the client suspects that the CA next bank TWINT application has been misused, they must report their suspicions immediately to the Bank so that it can take appropriate action as soon as possible.

Clients are responsible for the use of their device and for all consequences arising from the use of the CA next bank TWINT application on that device. If a third party unlawfully uses the CA next bank TWINT application installed on the client’s device, the client will be held liable for that third party’s actions.

1.8. Abuse

If the client uses the CA next bank TWINT application beyond the scope of normal use or if there are signs of use that is either illegal or contrary to the terms of the Contract, the Bank may demand that the client comply with the Contract and legal regulations. The Bank reserves the right to modify, limit or suspend services without notice or compensation. In such cases, the Bank is also entitled to demand damages, wither for itself of for injured third parties. This applies even where the client provided incorrect or incomplete information at the time of registration.

1.9. Exclusion of Liability

The Bank will make every effort to ensure that the CA next bank TWINT application can be used without interruption or malfunction. However, the Bank cannot guarantee that the application will function and be usable without fault. In particular, the client is solely responsible for technical access to the services. The Bank assumes no liability at all for the user’s device, the network operator, or for the hardware and software required to use the services.

The Bank assumes no liability for any loss or damage suffered by clients as a result of using the CA next bank TWINT application. This includes loss or damage arising from:

Data transfer errors, technical malfunctions, defects, breakdowns, force majeure, unauthorised or unlawful access to the client’s device;
A breach of these GTC or applicable laws, in whole or in part;
Errors or malfunctions in the CA next bank TWINT application or in the computer equipment used to access it;
Malfunctions, interruptions (including maintenance) or overload of the computer systems or networks concerned;
Late-processed or unprocessed payments;
Value-added services;
Acts or omissions of third parties;
The relevance, accuracy or content of images or messages, or the completeness of the information communicated on the client’s device;

unless said loss or damage results from gross negligence or wilful misconduct on the part of the Bank.

To the extent permitted by law, the Bank assumes no liability for any indirect damage, loss of profit or loss of data.

The Bank considers any person who signs in to the application in accordance with the defined identification procedures to be authorised. Any risks associated with fraudulent use of the identification methods are borne by the client.

In particular, the Bank reserves the right to suspend access to the CA next bank TWINT application and the use of its services in the event of maintenance work or if the Bank detects any malfunctions or increased security risks. Within the limits of the law, the Bank declines all responsibility for any damage resulting from such a suspension.

1.10. Communication

Communication between the Bank and the client principally takes place via the CA next bank TWINT application. However, the Bank may also communicate with the client by any other means it deems to be appropriate. The client is hereby made aware that such means of communication may not be confidential.

1.11. Changes to the GTC

The Bank is entitled to amend these GTC at any time without prior notice to the client. All changes will be communicated to the client in an appropriate manner. If the client does not accept the changes, they will not be able use the CA next bank TWINT application. The changes will in all cases be deemed accepted by the client if they continue to use the CA next bank TWINT application after the changes come into effect.

1.12. Reservation Regarding Legal Provisions

The legal provisions governing the operation and use of devices, payment systems, the internet and other dedicated infrastructures are reserved and will apply also to these services as soon as they enter into force.

It is possible that the use of the services while abroad may be limited by local restrictions or violate foreign law. Generally, the payment function is limited to Switzerland and cannot be used abroad. However, it is possible to make international payments via foreign payment systems that cooperate with the TWINT payment system.

In the event that the Bank requests information required to fulfil its legal obligations in terms of clarification, declaration or reporting, the client is obliged to cooperate.

1.13. Limitation of Services

The Bank may at any time and without prior notice change, limit or terminate the services offered in the CA next bank TWINT application. Such changes, limitations or interruptions may be driven by legal requirements, to prevent misuse, as a result of technical problems or maintenance work, ordered by the authorities, or performed for security reasons.

Furthermore, without prior notice and at its sole discretion, the Bank may restrict, suspend or prohibit the use of the CA next bank TWINT application for certain clients; it may also not process payments or only process payments on a delayed basis, refuse incoming payments and limit the adding or removing of funds, in particular where required for legal or reputational reasons, in the event of a hacker attack, misuse or suspicion of fraud, or any other behaviour contrary to these GTC. During the course of the banking relationship, there may be circumstances that require the Bank to freeze assets, report the relationship to the relevant authority, or terminate the relationship.

1.14. Intellectual Property

The client is granted a non-transferable, non-exclusive right of use of the CA next bank TWINT application for the duration of the Contract. The content and scope of this right are regulated by these GTC. The Bank, or its respective owners, retain all intellectual property rights. If the client violates these rights, they will be obliged to compensate the Bank for any possible damage.

1.15. Validity and Termination

The Contract between the client and the Bank is concluded for an indefinite period. It may be terminated by either party at any time. To terminate the contract, the client notifies the Bank that they no longer wish to use the CA next bank TWINT application and then deletes the app from their device. The Bank will then terminate the contract by revoking the client’s access to the CA next bank TWINT application. This deactivation is then communicated to the client.

If the client has not used the application for two years, the Bank reserves the right to revoke the client’s access to the CA next bank TWINT application.

1.16. Applicable Law and Jurisdiction

These GTC are governed exclusively by Swiss law, to the exclusion of international treaties and rules governing conflict of laws.

Except in case of mandatory legal provisions to the contrary, the exclusive place of jurisdiction is Geneva, Switzerland.

2. Payment Function

2.1. Limits

Daily and monthly amount limits apply to P2P payments and P2M payments (“lower” and “upper” payment limits). These limits are indicated in the CA next bank TWINT application. To change from lower to upper payment limits, the client must scan the verification QR code they receive after their first login to the CA next bank TWINT application.

The Bank reserves the right to raise or lower these limits, in particular for regulatory or security reasons. At the client’s request, the consultant may decide to increase the client’s P2M payment limits.

To make payments via the CA next bank TWINT application, the client account linked to the application must have a sufficient balance and the limits must be respected.

2.2. Payment via the CA next bank TWINT Application

Clients can use their device and the CA next bank TWINT application to make cashless payments at checkouts in suitably equipped stores, at cash machines, online, in other applications, by registering TWINT as a payment method with certain merchants, with value-added services, and with other TWINT users within the applicable limits.

For a P2M payment at a merchant’s point of sale (hereinafter “POS”), a connection is made via the TWINT system between the merchant and the client’s CA next bank TWINT application. Establishing this connection between the POS and the CA next bank TWINT application differs depending on the type of POS:

in-store checkout: via a TWINT terminal (technical device at the POS enabling the connection and exchange of data between the client’s device and the POS);
by entering a code from the POS or scanning a QR code;
online: by entering a code displayed on the relevant e-shop or scanning a QR code;
by the automatic creation of a recurring payment that the client has previously authorised in the CA next bank TWINT application. This is required for a client who has registered an e-shop and set up a recurring payment via the CA next bank TWINT application;
in an application: through the automated setup of a connection at the client’s initiative;
at cash machines: in the same way as at an in-store checkout or online:
through TWINT+: the client clicks on the relevant option in the CA next bank TWINT application and accesses the merchant’s online purchases.

The POS informs the TWINT system of the amount to be debited. The TWINT system then sends a payment request to the client’s CA next bank TWINT application.

In the settings of the CA next bank TWINT application, the client can define the limit at which a payment can be made automatically or, conversely, at which it requires explicit confirmation on their part (“ok” button). They may change this limit at any time. However, this does not apply to payments (even recurring ones, i.e. subscriptions) made to merchants with which TWINT has been registered as a payment method and which have been globally authorised (without any payment limit). In such cases, the payment is made automatically, according to the process set up by the merchant.

Once the client has authorised the payment, the corresponding amount is debited directly from the account linked to the CA next bank TWINT application. The TWINT system then credits the amount to the merchant’s account.

To register TWINT as a payment method with a merchant, the client must register with the merchant beforehand. No distinction is made between a single transaction (e.g. in an e-shop) and recurring transactions (e.g. for a subscription). When registering, the client authorises the merchant to debit the corresponding amount directly via TWINT, without the client being required to authorise each debit individually. With the CA next bank TWINT application, the client can at any time revoke the authorisation granted to the merchant. Expired or deactivated registrations can only be renewed directly with the merchant.

With pre-authorised payments, the client authorises the merchant to make a debit at a later point in time, regardless of the amount. The final amount is only confirmed once the service has been received, not at the time the advance authorisation is given. One example would be transactions at a petrol station, where the exact amount is not known until after the fuel is taken.

With international payments, the client has to validate each transaction, whatever the amount. Completed transactions cannot be cancelled. In the event of a dispute, the client must contact the merchant directly to seek a solution.

For a P2P payment, the client can find other users via their mobile phone numbers. The CA next bank TWINT application may have access to the contacts stored on the client’s device when the client has authorised such access. Payment is only made based on the mobile phone number. The client is responsible for ensuring the accuracy of the payment data, including the mobile phone number of the recipient.

For TWINT+ transactions, the client can view the various options available in the CA next bank TWINT application. When selecting a specific option, the client will be forwarded to the relevant merchant’s online store or application, where they will then be able to select their desired products or services. When this step has been completed, the payment is made via TWINT. The use of the online shop or application in question, as well as the performance of the services associated with it, are the responsibility of a third party. The Bank has no involvement in these and assumes no liability for them.

2.3. Debit of Payments

The client acknowledges all P2P and P2M payments made via the CA next bank TWINT application from their device and recorded as payments within the application.

The Bank is under no obligation to process transactions which contravene applicable laws and regulations, or do not comply with the internal and external standards the Bank is obliged to comply with (e.g. with regard to money laundering), or that could damage its reputation. The Bank assumes no liability for delays in executing transactions via the CA next bank TWINT application if the delay is caused by a need for more information.

Where a payment is refused by another party, in particular by the merchant or the recipient’s bank, the Bank will credit the amount received back to the account the client has linked to the CA next bank TWINT application. Any potential costs must be met by the client.

2.4. Fees and Charges

Installing the CA next bank TWINT application and using its associated services are free of charge for the client.

International payments made in foreign currency will be automatically converted into Swiss francs based on an exchange rate set by a third party. The Bank is entitled to increase this exchange rate. All international payments will be processed at the exchange rate in force at the time. The currency risk is borne by the client.

For P2M payments, the merchant pays a fee to the provider with which the merchant has signed an agreement for accepting TWINT payments. The merchant also pays a fee to TWINT AG for the use of value-added services. Some of these fees may be paid to the Bank to cover the costs of initiating and executing TWINT transactions. The client is aware of and accepts this method and thereby acknowledges that they have no entitlement to these fees.

The Bank reserves the right to charge fees. It will inform the client, via the CA next bank TWINT application or by any other means of communication authorised by the client, prior to introducing or changing fees. If the client continues to use the CA next bank TWINT application after the fees have come into effect, they will be deemed accepted by the client. Price changes with respect to international payments will not communicated separately. However, the final amount including all charges will always be indicated to the client in Swiss francs prior to confirmation of an international payment.

2.5. Payment Information

The total amount, the date of the purchase and the location of the POS where the payment was made are entered into the TWINT system.

3. Value-Added Services

3.1. “Mobile Marketing” Promotional Offers

3.1.1. Distribution of Promotional Offers

The Bank may distribute coupons, loyalty cards, or other offers (hereinafter “promotional offers”) to the client via the CA next bank TWINT application. The client is able to view, manage and use them.

The following promotional offers are included:

the Bank’s promotional offers or promotional offers within the CA next bank TWINT system (hereinafter the “Bank’s promotional offers”);
the Bank’s promotional offers in collaboration with third-party providers (hereinafter the “Bank’s value-added promotional offers”);
promotional offers run by a third-party provider (hereinafter “third-party promotional offers”).

The distribution, display, management and use of third-party promotional offers require the client’s express consent. This can be granted in the CA next bank TWINT application. This is not the case for the Bank’s promotional offers and its value-added promotional offers, which can be distributed to all clients without the respective client’s explicit prior consent.

The client can revoke consent at any time within the CA next bank TWINT application. Once consent has been revoked, the distribution of third-party promotional offers to the client will cease and previously activated third-party promotional offers will be permanently deleted from the client’s device. The client will also forego the possibility of taking advantage of any benefits or discounts associated with these promotional offers.

3.1.2. Duration of the Promotional Offers

The promotional offers are valid as long as they are visible on the screen of the client’s device in the CA next bank TWINT application.

Some promotional offers must be activated by the client in the CA next bank TWINT application prior to use. Any such requirement will be mentioned in the promotional offer in question. If not used within 10 days, activated promotional offers may be deactivated by the Bank.

Other promotional offers can be used directly by the client without prior activation in the CA next bank TWINT application. A large number of promotional offers can be used only when paying with the CA next bank TWINT application.

Because third-party providers involved may limit the number of possible uses, activating a promotional offer or receiving a promotional offer that requires no prior activation does not guarantee the client any discount or monetary benefit. Where this is the case, it will be indicated in the terms of the promotional offer in question.

Generally, promotional offers will automatically be used when using the CA next bank TWINT application, without any need for the client to intervene directly. However, in some cases the client may be required to show the promotional offer to the merchant, either within the CA next bank TWINT application or by entering it into a terminal or on an online store. This will be indicated in the promotional offer in question.

If the promotional offer includes a discount and this discount is used, the amount will either be directly deducted from the amount to be paid or will be refunded as cashback after payment has been made. TWINT AG reserves the right to withhold payment of the cashback until it amounts to no more than CHF 10.00, or to refuse payment in cases of suspected fraud.

3.1.3. Sharing Promotional Offers

The Bank may offer the client the option to transfer promotional offers to other people, or to receive or share them.

3.2. Physical Cards

Clients can save employee cards, loyalty programmes and other third-party promotional offers (hereinafter “physical cards”) in the CA next bank TWINT application. Physical cards saved in the CA next bank TWINT application can be deleted at any time from the application by the client.

If a physical card saved to the CA next bank TWINT application becomes invalid or generally no longer available for registration in the application, the Bank may delete it.

The client is hereby informed that the benefits linked to the use of certain physical cards are displayed within the CA next bank TWINT application in the form of promotional offers. Only clients who have given prior consent to receive third-party promotional offers will receive such offers.

3.3. Other Value-Added Services

The Bank reserves the right to offer other value-added services in the CA next bank TWINT application at any time in addition to the promotional offers and physical cards.

3.4. Liability for Value-Added Services

The third-party providers are solely responsible for the content, promotion and communication of their promotional offers, physical cards and any other of their value-added services in the CA next bank TWINT application. The Bank has no influence over the provision of the services by third-party providers and assumes no liability for them.

The Bank also assumes no liability for promotional offers that the client is unable to use with the relevant third-party provider or for unassigned discounts and benefits arising from physical cards, such as unassigned business discounts or outstanding, lost or missing loyalty points.

TWINT AG and the Bank are committed to ensuring that the value-added services can be used without disruption or interruption. They are however unable to guarantee this at all times. If services are interrupted, the automatic use of discounts or the automatic collection of loyalty points at the time of payment may cease to work. In such an event, the client will exclusively bear the resulting damage to the extent permitted by law.