Terms of Use of the Debit Mastercard

I. GENERAL PROVISIONS

1. Scope of Use (Functions)

Under the terms of the agreement, the debit card (hereinafter referred to as the “Card”) may be used for one or more of the following purposes:

• cash withdrawals from ATMs in Switzerland and abroad (see paragraph II);
• cash deposits at the bank's ATMs that are designed for this purpose (see paragraph II);
• payment for goods and services at physical retail outlets in Switzerland and other countries, as well as online (on the Internet, by telephone, etc.) (see paragraph II);
• booking services online (e.g. hotels, travel, car hire, etc.);
• card for the provision of additional services specific to the issuing bank (see paragraph III).

2. Bank Account

The Card is always linked to a specific account (hereinafter referred to as “the Account”) with the issuing bank (hereinafter referred to as “the Bank”).

3. Cardholders

The rightful owner of the Card may be the Account holder, a designated agent with power of attorney or a person designated by the Account holder. The Card is issued in the name of the cardholder.

4. Ownership

The Card remains the property of the Bank.

5. Fees

The Bank is entitled to charge the Account holder a fee, which the Account holder must be informed of in an appropriate manner, for issuing and authorising the Card, as well as for processing transactions carried out using the Card and the costs associated with these transactions. The Bank is at liberty to change or introduce new charges. Any such changes shall be disclosed in accordance with point I.12 below.

The current rates are available on request from the Bank or by consulting the Bank's website.

These fees are debited from the Account to which the Card is linked.

These fees are debited from the Account for which the Card is issued.

6. Cardholder's Duties of Care

The cardholder has the following duties of care in particular:

1. Safekeeping
   The Card and PIN (Personal Identification Number) must be stored separately and with care.
   
   
2. Confidentiality of the PIN and all other means of identification
   The PIN, the 3-D Secure code and all other means of identification must be kept secret and may not be made accessible or disclosed to third parties by the cardholder under any circumstances. In particular, the PIN and the 3-D Secure code must not be written on the Card or stored with it, even in a modified form. The Bank will never ask the cardholder to provide their PIN or code.
   
   
3. Obligation to use secure payment methods (3-D Secure)
   The cardholder is obliged to make a payment at a card acceptance point using the secure payment method (3-D Secure) if the point of acceptance in question offers it. If the card acceptance point does not offer this service and the cardholder nevertheless makes the payment, they are aware that they do so at their own risk and that they cannot make any claim against the Bank for any resulting damage.
   
   
4. Changing your PIN
   Any PIN changed by the cardholder must not be an easy-to-guess combination (such as telephone number, date of birth, vehicle registration number, etc.).
   
   
5. Card non-transferability
   The cardholder cannot transfer their Card. In particular, it must not be given or made accessible to third parties.
   
   
6. Immediate notification in the event of loss
   If the cardholder's Card is lost, stolen, or retained by an ATM (see also sections II.9 and II.14), or if the cardholder forgets their PIN or is suspected of misusing their Card, the cardholder must notify the relevant department of the Bank immediately.
   
   
7. Duty to monitor and report irregularities
   The Account holder is obliged to check the relevant account statements as soon as they are received and to report any irregularities to the Bank immediately, particularly any debits resulting from misuse of the Card, no later than 30 days following receipt of the account statement for the relevant accounting period. They must return the duly completed and signed damage notification form to the Bank within 10 days of receiving it.
   
   
8. Reporting damage to the police
   If criminal acts have been committed, the cardholder must contribute to the investigation of the case and the mitigation of the damage, and must lodge a complaint with the competent authority.

7. Coverage

The Card can only be used if the necessary coverage (credit balance or authorised credit limit) is available on the Account at the time of the transaction. When an amount is reserved using the Card (e.g. a car rental deposit), it is deducted from the Card limit and the account balance, thereby limiting cash withdrawals from the Account. A reserved amount can remain on the Account for up to 31 calendar days.

8. The Bank's Right to Debit

The Bank is entitled to debit the cardholder's Account for all amounts resulting from use (as per section I.1) of the Card (see section II.9).

The Bank also retains the right to debit in the event of disputes between the cardholder and third parties.

Amounts in foreign currencies are converted into the currency of the Account. Depending on the exchange rate at the time of settlement, it is possible that the final posting may result in a negative balance even though the cardholder checked the Account at the time of payment.

It may also be the case, for reasons beyond the Bank's control, that a transaction is posted with a delay of a few days or even weeks. In such cases, the amount is still to be paid by the cardholder and is applied to the value date of the initial transaction.

9. Validity and Renewal of the Card

The Card is valid until the end of the month indicated on the Card. As part of normal processing and in the absence of an express waiver by the cardholder, the Card is automatically replaced by a new card before the expiry of the date shown on the Card. If the cardholder has not received a new card 10 days before the expiry of their current card, they must notify the Bank.

10. Cancellation

Either party may terminate the contractual relationship at any time. Revocation of a power of attorney within the meaning of section I.3 shall be deemed to constitute termination. After termination, the cardholder must return the Card to the Bank immediately and voluntarily or render it unusable by destroying it (e.g. by cutting it up).

An early request for the return of the Card or an early return or destruction of the Card does not confer any right to a refund of the annual fee.

Despite termination, the Bank remains entitled to debit the Account for all amounts arising from use of the Card prior to its return or destruction.

11. Data transmission

The cardholder authorises the Bank to request all information necessary for the review of this request from the competent authorities and the credit information centre (ZEK), as well as to notify the latter of any blocking in the event of late payment or fraudulent use of the card. In addition, the Holder authorises the Bank to communicate to third parties the data necessary for the production of the card.

12. Contractual Provisions

The following provisions apply to the cardholder at the latest when the Card issued by the Bank is used:

• these Terms of Use;
• the applicable rates at the time the Card is used;
• the Bank's other contractual terms and conditions signed by the customer or delivered electronically by the Bank;

(referred to in this document as the “Contractual Provisions”).

The Bank's general terms and conditions apply in all other respects.

13. Changes to and notification of Contractual Provisions

The Bank reserves the right to modify the uses of the Card and the Contractual Provisions at any time. Changes are disclosed in an appropriate manner. In principle, they are not subject to individual notification. Any change is considered approved once the Card is used after the change in question has come into force.

The current Contractual Provisions are available on request from the Bank or by consulting the Bank's website.

14. Place of jurisdiction and applicable law

The place of performance, the place of prosecution (the latter only for the Holder whose domicile/principal residence is abroad), as well as the exclusive place of jurisdiction for any dispute arising from this Mastercard debit card contract will be Geneva. The Bank reserves the right to take legal action against the cardholder in the court of their domicile/principal residence or any other competent court. The Mastercard debit card contract is subject to Swiss law.

15. General Terms and Conditions

In all other respects, the Bank's general terms and conditions apply.

II. THE CARD AS A CASH WITHDRAWAL OR PAYMENT CARD

1. Cash withdrawal function

Together with the PIN, the Card can be used to withdraw cash from ATMs designated for this purpose in Switzerland and other countries, or from merchants who indicate that this is possible, subject to the limits set for the Card and the authorised user's choices in relation to geo-blocking (see section II.5).

2. Deposit function

Together with the PIN, the Card can be used to deposit cash at the Bank's ATMs set up for this purpose, within the deposit limits set by the Bank.

The Bank cannot guarantee that the information provided by the ATMs, in particular information about the Account used for the deposit, is both accurate and complete.

The Bank may decide at any time to limit or terminate the deposit function.

3. Payment function at physical retail outlets

The Card can be used with either the PIN or the contactless payment function to pay for goods and services at physical retail outlets in Switzerland and other countries at any time, subject to the limits set for the Card and the authorised user's choices in relation to geo-blocking (see section II.5).

4. Online payment function

The Card can be used to pay for goods and services online (on the Internet, by telephone, etc.) at any time, subject to the limits set for the Card.

Cardholders can activate or deactivate online payment by using the e-banking system. In such cases, they will not receive any notification from the Bank.

Depending on the points of acceptance, the cardholder has the following authorisation options, provided that the Card is used in accordance with these Terms of Use:

1. Authorisation using a 3-D Secure code
   The cardholder must enter a code in addition to the conditions that apply to the services requested and the means of identification required for payment by card.
   
   
2. Authorisation only by entering the name, card number, expiry date and, if necessary and available, the verification code shown on the card (CVV, CVC)
   In this way, the cardholder waives the need for strong customer identification.
   
   
3. Authorisation subsequent to the granting of permanent authorisation at a point of acceptance
   In the case of permanent authorisation, the point of payment where the card is accepted may, at regular intervals, debit the sums due on the basis of the card details transmitted to it (e.g. monthly subscriptions, regular online services).
   
   If the cardholder no longer wishes to continue regular direct debits, or wishes to revoke a standing authorisation, they must do so directly with the point of acceptance in question. If the Card used for regular direct debits is cancelled, the cardholder must themselves change the payment details or revoke the authorisation at the point of acceptance concerned.
   
   The Bank is entitled to convey the number and expiry date of a new Card, without prior notice, to points of acceptance that the cardholder has previously authorised to record this type of information for payment purposes.

5. Geo-blocking

Cardholders may block geographic areas in which they do not wish transactions to be made with their card. Each area can be blocked and unblocked by the cardholder according to their needs by using the e-banking system at any time, or otherwise through a Bank branch office. Any change replaces the previous situation.

By default, the card can be used in the following geographical areas: (i) Zone 01 – Switzerland and Liechtenstein, and (ii) Zone 02 – Europe.

6. PIN (secret number)

The PIN (personal identification number) is a combination of numbers linked to the Card and is not known by the Bank or any third party. It is generated automatically and is sent to the cardholder in addition to the Card in a separate sealed envelope. There is a PIN for every Card issued.

7. Changing your PIN

When cardholders receive their PIN from the Bank, we recommend that they change it to a PIN of their choice. This can be carried out at the Bank's ATMs. Cardholders may change their PIN at any time and as often as they wish. To ensure greater protection against misuse of the Card, the PIN chosen should not be easy to guess (see section I.6, letter d), nor should it be written on the Card or stored with it, even in a modified form.

8. Contactless payment

Contactless payment is only enabled once the cardholder has paid once with the Card by inserting it into an authentication machine and entering their PIN. Contactless payment can be deactivated by using the e-banking system or contacting the Bank.

9. Legitimisation, debit and assumption of risk

Any person who uses the Card for the functions described in points II.1, II.2, II.3 and II.4 and who legitimates themselves in accordance with the specific details stipulated for each of these points is entitled to carry out transactions using that Card, even if they are not the cardholder. The Bank is thus authorised to debit the Account for the total amount of transactions carried out with the Card, for which it disclaims all liability. In principle, the risks of misuse of the Card are borne by the Account holder.

The cardholder authorises the Bank or its external card service provider to send security messages to the cardholder via the telephone number they provide. It should be noted that this type of communication could lead third parties such as network and service operators to infer the existence of a relationship between the Bank and the cardholder.

The Bank is not liable if the point of acceptance refuses the Card or if a withdrawal or payment is not possible. The same applies if the Card cannot be used at one of the Bank's ATMs or cash dispensers or if it is rendered unusable, e.g. if it is damaged.

10. Damage cover in the event of non-liability

Provided that the cardholder has complied in all respects with the Contractual Provisions (in particular the obligations to exercise due care in accordance with section I.6) and is not at fault, the Bank will cover (i) any loss or damage resulting from the misuse of the card by third parties for cash withdrawals or payments, and (ii) any loss or damage resulting from the falsification or counterfeiting of the Card. The term “third parties” does not include cardholders and their spouses, or persons close to them or living in the same household as them.

However, the following are not covered: (i) damage covered by insurance, (ii) any possible consequential damage of any kind, and (iii) damage resulting from a payment made at a card acceptance point that does not offer the secure payment method (3-D Secure).

However, no reimbursement shall be made for any damage covered by insurance nor for any consequential damage of any kind whatsoever.

Insofar as the Bank has compensated the Account holder, the latter must assign to the Bank any claims against third parties arising from the loss.

Any cardholder who fails to comply with the Contractual Provisions shall be held liable for any damage arising from the use or misuse of the Card.

11. Technical failures and interruptions to operations

The cardholder is not entitled to any compensation in the event of technical failures and interruptions to operations that prevent the Card from being used for cash withdrawals, deposits or payments.

12. Usage limits

The Bank sets usage limits for each Card it issues and will inform you of these limits in an appropriate manner. The Account holder is responsible for informing any proxy holders of the usage limits.

The Account holder can change the usage limits of the linked Card by using the e-banking system and assumes full responsibility for them.

13. Transaction receipt

Most cash dispensers issue a receipt for cash withdrawals. A receipt is also issued, automatically or on request, for payments for goods and services. The Bank itself does not send any transaction receipts.

14. Blocking

The bank may block the Card at any time without having to inform the cardholder in advance and without providing any justification.

In addition, the Bank will block the Card at the express request of the cardholder if they report the loss of the Card and/or a problem with the PIN, as well as when the Card is cancelled. Cardholders without a power of attorney may only block cards issued in their name.

Blocking can only be requested from the department designated by the Bank.

The Bank is entitled to debit the Account in the event of a transaction carried out using the Card before the block becomes effective, taking into account the time usually required to carry out such an operation.

Blocking fees may be debited from the cardholder's Account.

If the Card is blocked at the request of the cardholder, the block will only be lifted if the cardholder submits a written declaration to the Bank.

III. USE OF THE CARD FOR THE BANK'S OWN SERVICES

Should the Card be used for other services provided by the Bank, these will be paid for exclusively in accordance with the provisions agreed for this purpose with the Bank.