Terms and Conditions for the Use of Swissquote Bank Ltd TWINT mobile application
1. SCOPE OF APPLICATION
1.1. These Terms and Conditions for the Use of Swissquote Bank Ltd TWINT mobile application (the "Terms") apply to the use of the services provided to the user (the "User") by Swissquote Bank Ltd (the "Bank") through the Swissquote Bank Ltd TWINT mobile application (the "Swissquote TWINT"). For ease of reading, the masculine form refers to any gender.
1.2. These Terms form an integral part of the existing agreements and terms and conditions between the User and the Bank that apply to the User’s Trading bank account (the "Account") to which the Swissquote TWINT application is linked.
1.3. These Terms shall be deemed to have been accepted once the User has registered via Swissquote TWINT, but not later than when the User uses Swissquote TWINT.
2. PURPOSE OF SWISSQUOTE TWINT
2.1. Swissquote TWINT is a mobile application that enables cashless payment via the TWINT payment system. TWINT is a payment system operated by TWINT AG ("Payment System Operator").
2.2. Payments initiated through Swissquote TWINT may be payments between TWINT users ("P2P Payment") or between TWINT user and authorised merchants for the purchase of goods or services ("P2M Payments"). The User may also use Swissquote TWINT to pay at eligible cash registers, vending machines, online and in other apps that permit such use (a functionality referred to as "TWINT+").
2.3. The Bank may also provide value added services that include the saving or activation of Users’ loyalty cards and services in the area of marketing ("Value Added Services"). The latter allow clients to receive and manage details of loyalty cards for collecting customer points, discount promotions, couponing and similar offers from the Bank or third parties (e.g. authorised merchants). Users can use these services to collect stamps and redeem loyalty rewards, discounts and credits via Swissquote TWINT.
3. TECHNICAL REQUIREMENTS
3.1. Swissquote TWINT must be obtained from an official app store. To function, Swissquote TWINT requires a mobile device that (i) supports the BLE technology (Bluetooth low energy), (ii) is equipped with a compatible operating system, and (iii) fulfils the requirements as indicated in the relevant official app store. The User must not use Swissquote TWINT on "jailbreaked" mobile devices.
3.2. The use of Swissquote TWINT requires a secured internet connection.
4.1. To use Swissquote TWINT, the User is required to register in Swissquote TWINT. To do so, the User is required to use a Swiss phone number to register accurately certain personal information relating to the User (including first and last name as they appear on an official identity document), as indicated in Swissquote TWINT. In the event the information provided upon registration changes, the User must update it in Swissquote TWINT as soon as possible.
4.2. The User is also required to designate a source of funding (or "debit source") for payments initiated through Swissquote TWINT, which may be the Account. Such debit source may be in the name of the User or of a third party, provided the User has a power of attorney for this account and has access rights to the Swissquote account.
4.3. A User who holds several accounts with the Bank is authorised to select only one such accounts as the debit source, unless the Bank indicates otherwise.
5. USER’S DILIGENCE OBLIGATIONS
5.1. To access Swissquote TWINT, the User must use the sign-in procedure indicated in Swissquote TWINT, which may include the combination of a passcode, a fingerprint login or a facial recognition. The User may replace the passcode by a fingerprint login or Face ID. The User must not register the biometric characteristics of a third party.
5.2. The User shall not under any circumstances write down or save his passcode unsecured electronically or use passcodes made up of combinations that can be easily guessed (e.g. easily guessed series of numbers, dates of birth, mobile number, etc.).
In the event there are reasons to assume that unauthorised individuals have gained access to the codes for the device and display locking functions, these must be changed immediately. If the device is lost, and especially in case of theft, the User is required to inform the Bank by contacting the Bank's Customer Care without delay.
5.3. The User must update as appropriate, and take every measure to secure the mobile device used to access Swissquote TWINT. The User acknowledges that using Swissquote TWINT involves certain risks. To mitigate these risks, the User must install updates to the Swissquote TWINT and to the operating system as soon as possible. The User must also refrain from using public Wi-Fi networks to access Swissquote TWINT.
6. INTELLECTUAL PROPERTY
6.1. The Bank grants the User non-exclusive, non-transferable and cost-free rights to download Swissquote TWINT (including from an authorised third party) and to install and use it on a mobile that is owned and controlled by the User. Swissquote TWINT may contain software that is licensed by third parties.
7. PAYMENT ORDERS
7.1. When confirming payment instructions in Swissquote TWINT, the User irrevocably directs and authorises the Bank to pay the relevant transaction amount to the recipient and to debit the debit source selected by the User. Once the User has confirmed payment instructions, the Bank has the right to debit the debit source selected by the User, even in case the Bank is informed of a dispute between the User and a third party. Notwithstanding the foregoing, the Bank may allow the User to cancel payments to TWINT users that have not completed their registration with the Payment Service Operator until such registration is effective.
7.2. Swissquote TWINT may allow the User to pay via pre-authorization, whereby the User authorizes a merchant to execute a charge at a later date or time (regardless of the amount). The actual amount may not be specified at the time of the pre-authorization and will only definitively be confirmed following the performance of the relevant service or delivery of the relevant goods.
7.3. The User may use Swissquote TWINT to register with authorised merchants for the “Automated Payment” payment function. In such a case, the Bank is authorised to debit the transaction amount to the User’s debit source without him being required to authorise individual charges for each transaction and to pay that amount to the merchant as per the separate agreement between merchant and User for the "Automated Payment". Authorizations of this kind granted to merchant can be revoked by the User in Swissquote TWINT at any time. Users can only renew expired or deactivated registrations with the merchant.
8. AVAILABLE FUNDS AND LIMITS
8.1. At the time the payment is executed, the debit source must contain freely available funds at least in the amount of the transaction. The Bank has no obligation to execute payments if the available funds on the debit source are insufficient. If the Bank decides to nonetheless process such a transaction and make the payment, the User undertakes to immediately cover the resulting negative balance.
8.2. The amount of each transaction may be limited. In addition, the Bank can set the limit on the amounts that can be sent or received within a set period of time (e.g. within a given month). Once the relevant limit is reached, no other payment can be made or received via Swissquote TWINT until the end of the relevant period. Unless the Bank indicates otherwise, the monthly limit for P2P Payment is set at CHF 2,000 and CHF 3,000 for P2M Payment. The User may also not receive payment in excess of the monthly limit of CHF 4,000.
8.3. All payments made through Swissquote TWINT are in Swiss francs. In the event there is not enough sufficient freely available funds in Swiss francs on the debit source, the Bank is entitled to convert funds in another currency on the debit source into Swiss francs (using the exchange rate the Bank has determined) before executing the payment.
9. LIMITATIONS OF THE SERVICES
9.1. The Bank is under no obligation to update Swissquote TWINT or to improve, expand or support it. The Bank is entitled to change the scope of or completely discontinue Swissquote TWINT at any time and without prior notification. The Bank has no obligation to allow the User to use Swissquote TWINT. The Bank may, at its sole discretion and without prior notice, cancel or restrict the User's ability to use Swissquote TWINT.
9.2. The Bank is under no obligation to execute outgoing payments or process incoming payments if – in the Bank's opinion – it may expose the Bank to legal, regulatory or reputational risks. In particular, the Bank may refuse to process payments or to act on any instruction of the User that the Bank believes is not clearly permitted under applicable laws, administrative guidance, the Bank's internal procedures or similar requirement.
9.3. The Bank may also delay the processing of payments until the Bank considers that uncertainties surrounding its admissibility have been resolved. In such a case, the User undertakes to promptly provide the Bank the information and explanations that the Bank may request from the User.
9.4. The Bank may also return incoming payments to the remitter’s bank and/or financial intermediary. If a payment is returned, the Bank may inform all parties involved in the payment transaction (including the remitter) of the reasons why the payment is being returned.
9.5. The User acknowledges that the Bank makes no representation regarding the possibility to use Swissquote TWINT outside of Switzerland. The User undertakes to comply with local applicable laws and to use Swissquote TWINT only to the extent permitted.
10.1. The installation of Swissquote TWINT and the use of the associated services is free of charge for the User.
10.2. The processing of transactions through Swissquote TWINT is subject to fees, as indicated on the Account or on the Bank's website at www.swissquote.com. In addition, the Bank may charge additional fees to the User in relation to payment instructions that are rejected or require clarifications.
10.3. In the event P2M are performed, merchants pay a fee for the use of the TWINT payment system (known as the merchant’s commission) to the companies that recruited them as acceptors of TWINT and with which they have entered into contracts to that effect (known as acquirers such as SIX Payment Services Ltd or TWINT Acquiring Ltd). Part of these fees are passed on to the Bank.
11.1. The Bank shall not be liable for any loss or damage suffered by the User:
a) due to transmission errors, misrouted transfers, technical faults or defects, outages and illegal access or intervention in the User’s end device;
b) due, in whole or in part, to a breach of these Terms by the User (including the use of a "jailbreaked" or incompatible mobile device);
c) due to any error, bug, missing feature or lack of update of Swissquote TWINT, which is provided to the User "as is" and without any guarantee that it will function at all times or without errors;
d) due to disruptions or interruptions (including system maintenance work) affecting the systems of the Bank;
e) due to payments being delayed or not processed pursuant to Section 9, or resulting from other limitations or restrictions imposed by the Bank pursuant to Section 9;
f) relating to the use of the Value Added Services, including in case of offers that cannot be redeemed with a third-party provider, discounts or benefits in connection with loyalty cards that are not granted, pending, lost or missing;
g) attributable to actions or omissions of the Payment System Operator and any other third party involved in the processing of payments involving Swissquote TWINT, including authorised merchants that may offer the sale of goods or services via their own apps that have app-to-app switch functionality and support P2M Payments,
in each case unless such loss or damage is attributable to gross negligence or wilful misconduct on the part of the Bank.
11.2. The User undertakes to indemnify and hold the Bank harmless against and from any loss or damage suffered by the Bank as a result of:
a) the User's failure to fully and timely perform the User's obligations under these Terms, or to comply with applicable laws;
b) any incorrect, incomplete and/or misleading confirmations and information provided by the User;
c) the execution of any instruction from the User,
in each case even in the absence of any fault, negligence or wrongdoing attributable to the User.
12. PROCESSING OF THE USER DATA
12.1. The installation and use of Swissquote TWINT involves the processing of personal data relating to the User and third parties. The processing of such personal data is governed by the Bank's data protection policies, other agreements between the User and the Bank, as well as the remainder of this Section.
12.2. Transactions data (e.g. beneficiary name, amount of the transaction date of transaction, P2M location, data about the debit source) will be forwarded to the Payment System Operator (or other third parties based in Switzerland that perform tasks of the Payment System Operator).
12.3. The Bank and the Payment System Operator may also forward this information to banks and/or financial intermediaries and other parties involved in the payment (e.g. authorised merchants) and/or share this information with them, if necessary for the purpose of processing the payment or providing the services offered in Swissquote TWINT (e.g. Value Added Services).
12.4. In the course of using Swissquote TWINT, the Bank may send the User electronic messages (e.g. by SMS to the registered mobile number or as a push notification) to inform them of certain events, such as credit notes. In addition the User or beneficiary will be sent unencrypted push notifications via Swissquote TWINT, which involves the User’s end device generating an “Application Device Identifier” and sending this via Google or Apple. The use of TWINT apps by the User or Beneficiary and the transmission of notifications may mean that third parties (e.g. device manufacturers, providers of app distribution platforms, network providers) are able to conclude that there is a banking relationship with the Bank or access client information (in particular specific transaction data). In this context, the User hereby irrevocably consents to such disclosure and fully releases the Bank from its obligations of banking secrecy and confidentiality under Swiss or any other applicable law(s) which might otherwise preclude the disclosure of such information.
12.5. To use certain functions of Swissquote TWINT, the User may have to activate location services on the end device. In such a case, the Bank will be able to access the User’s location data.
Marketing communications and processing
12.6. The Bank or the Payment System Operator may work with network operators (e.g. Swisscom) to send marketing communications and provide such operators with the User’s mobile number. The Bank and the Payment System Operator may also forward this information to banks and/or financial intermediaries and other parties involved in the payment (e.g. authorised merchants) and/or share this information with them, if necessary for the purpose of processing the payment or providing the services offered in Swissquote TWINT (e.g. Value Added Services).
12.7.The Bank may also transfer User data to third party intermediaries and service providers abroad, including in jurisdiction that do not offer a level of protection of personal data equivalent to that of Switzerland, to transmit crash reports and analyse user behaviour within Swissquote TWINT to improve the services provided through Swissquote TWINT.
13. AMENDMENTS AND TERMINATION
13.1. The Bank is entitled to amend these Terms at any time. Such amendments will be communicated to the User and become binding in accordance with the terms and conditions applicable to the Account.
14. APPLICABLE LAW AND JURISDICTION
14.1. These Terms shall be exclusively governed by Swiss substantive law, without regard to conflict of laws provisions.
14.2. Place of performance, place of enforcement against the User (including if the User resides outside of Switzerland), and exclusive place of jurisdiction for any and all disputes arising out of or in connection with these Terms shall be Gland, Switzerland. The Bank however reserves the right to take legal action against the User in a court of competent jurisdiction of his place of residence or before any other competent court or jurisdiction. In such cases too, Swiss substantive law shall apply exclusively.