Terms & Conditions
The Ultimate solution and program (“Ultimate”) and the Ultimate store (“Store”) is hosted and operated by the Loylogic group of companies ("Loylogic", "we", "us", "our").
1. Ultimate Store
1.1 Ultimate Services
The use of the Store is exclusively for registered members ("Member" ,"Members" ,"you", “your”). The rules relating to the use of the Store are set out below.
Members can subscribe to the Ultimate program and can pay for goods, services, vouchers or coupons (together "Reward(s)") offered from independent merchants (“Merchants”) using Ultimate Stars ("Stars") that have been awarded to them by an Ultimate Administrator (“Admin”) along with another means of payment. For clarity, each Admin has a separate agreement with you, and does not become a party to your agreements with Loylogic or Merchants; and each of these parties acts on their own agreement with you and is not liable for any other party.
Members must be aged 18 or older to make purchases via the Store.
1.2 Acceptance of Terms & Conditions
By accessing the Store or any website linked to the Store and making transactions through the Store, specifically by clicking the "I AGREE" and/or similar buttons, you expressly indicate your acceptance of these Terms & Conditions (“Terms”) and the Ultimate Privacy Notice
1.3 Acceptance of Electronic Communication
We or Merchants may send you email service communications, including purchase confirmation emails, and you agree that such electronic communications satisfy any legal requirements that such communications be in writing. Service communications cannot be opted out of and therefore if you do not wish to receive these communications, you will not be able to redeem your Stars or make any purchases using the Store.
1.4 Relationship between You and Merchants
Rewards are sold and distributed by Merchants who make such Rewards available directly to you via the Store. When you purchase a Reward you directly enter into an agreement with the respective Merchant. Loylogic provides the access and the technical platform for you to purchase Rewards directly from the Merchant. You agree and acknowledge that separate terms and conditions of the relevant Merchant will apply to certain Rewards. You agree to abide to such applicable terms and conditions, including but not limited to, rules and restrictions on availability, shipment and delivery terms, notification of defects, return and refund policies, money back guarantees and claims for damages. Loylogic will not become a party to the transaction between you and the Merchant. You should read the terms and conditions of the respective Merchant on the Merchant Details tab as you will need to accept that Merchant’s terms and conditions prior to making a purchase.
1.5 Use of the Store
You may only use the Store to make legitimate purchases and shall not use the Store or Ultimate for any other purposes, including making any speculative, false or fraudulent purchases. By accessing and/or using the Store, you authorize Loylogic to consider any person using your information a legitimate user. Purchases can be made only by you. Loylogic bears no responsibility for any consequences of illegal use of your login details. Loylogic reserves the right to refuse access to the Store in cases it deems to constitute misuse.
2. Stars
2.1 Stars Issuance
On your Admin’s instruction, we will issue Stars to your Member account in the Store. Stars can be used only for the purposes expressly specified in these Terms. Stars may not be sold, exchanged or offered for auction.
2.2 Stars Refunds
Stars that have been issued to you are not refundable.
Any Rewards purchased by you with Stars that have not been properly debited to your account can be reclaimed by Loylogic at any time without compensation.
If you return a Rewards that was purchased using Stars, once and only if the Merchant confirms acceptance of the refund, we will refund you the cash element of your purchase to your payment card and credit those Stars back to your account.
2.3 Stars Conversion
The conversion of Stars into a cash amount and the payment of such cash amount to Members is not possible, not even in the case of the return of an item (in which case Stars will be refunded to the Member’s account) or the refusal of access to the Store (in which case all Stars issued to the Member are forfeited).
For the avoidance of doubt, Members may transfer their Stars to a virtual Reward Visa Card (see section 5.4 of these Terms and the Reward Visa Card Terms below).
2.4 Stars Expiry
Stars expire 24 months after the date of issuance to a Member. Stars will be redeemed on a first-in, first-out basis.
3. Coupon
3.1 Coupon Issuance
Your Admin may, as an alternative to issuing you with Stars, issue you with a Coupon specifying the amount of Stars you can claim (“Coupons”). Coupons can be used only to claim Stars as specified in these Terms. Coupons may not be transferred, sold, exchanged or offered for auction.
3.2 Coupon Claims Procedures
The first time you claim a Coupon, if you have not already done so, you will be required to register an account with the Store. Once registered, Coupons may be redeemed by Members in exchange for Stars which will be issued into Members’ accounts in the Store. Thereafter, the rules relating to Stars shall apply.
3.3 Coupon Conversion
The conversion of Coupons into a cash amount and the payment of such cash amount to Members is not possible.
3.4 Coupon Expiry
Coupons expire 30 days after the date of issuance to a Member. If you do not claim your Coupon within this period, any associated Stars will be forfeited.
4. Customer Service
For questions related to Stars purchases or in relation to Coupons, please contact us at support@ultimate.one.
5. Redemption Types & Payment
5.1 Buying
Through this redemption type, Members can purchase Rewards from Merchants in exchange for Stars, or a combination of Stars and cash by debit or credit card or other payment options offered in the Store. For each transaction, the use of at least one Star is mandatory. Stars are deducted from your account once you have placed your order.
Rewards are not available for purchase with a card payment only. For payments by debit card or credit card, a secure Credit Card Internet Gateway Service (with for example 3D Secured) is used. The communication with the payment gateway happens via https. The amount as indicated on the Store for the respective Reward will be collected by Loylogic on behalf of the relevant Merchant.
5.2 Donating
Through this redemption type, Members can redeem Stars by making donations or contributions to the charities appearing on the Store. Donations can only be made in Stars.
5.3 Raffles
5.3.1 Entry
Members can redeem Stars for raffle tickets to win specified prizes published on the Store ("Prizes"). To enter you must redeem the specified number of Stars for a prize draw ticket, as set out on the raffles section of the Store. Stars are deducted from your account once you have placed your ticket(s) order. Tickets cannot be purchased with cash or money equivalent. No purchase necessary: you can enter without redeeming Stars and receive a coupon code for one free entry by emailing us at Prize.Entry@ultimate.one with the following information in the subject line: "Free Entry"; your Member ID; and, the name of the relevant draw. We will send you a discount code which can be used to claim one entry into the respective raffle. Only one discount code can be claimed per raffle.
5.3.2 Eligibility
Entry into raffles or the winning or claiming of Prizes is open to Members over the age of 18 years who are resident in Austria, Germany, Switzerland and the UK. Entry is not open to Members located in jurisdictions where such draws are prohibited by law or regulation or to any of Loylogic’s affiliates, subsidiaries, directors, test-users, employees, or members of such employees’ immediate families.
5.3.3 Raffle Rules
Each raffle start and closing period, time and date of draw and all other applicable terms will be published on the Store. Entrants will be deemed to have accepted the rules of a raffle when they redeem Stars towards a raffle ticket.
5.3.4 Winners and Confirmation of Identity
After a raffle is closed, the winner will be drawn at random and the decision shall be final. The winner will be informed by email, with his/her consent. The winner may be required to confirm their identity and legal age by providing a copy of the relevant page of their passport, driving license or national identity card to us. Following receipt and verification of the details above, the winner will be contacted in order to make arrangements for delivery of the Prize.
5.3.5 Winner’s Information
Unless you notify us otherwise, the information you provide when entering a raffle will be used by us to administer the raffle(s), including entering your information into the raffle, notifying you in case of a win, allocating prizes and publishing your information in a winner’s list. Refer to the Privacy Notice for more information on how your data is handled.
5.3.6 Unclaimed Prizes/Ineligible Entries
In case the winner does not, for any reason whatsoever, accept or claim a Prize, or should it be determined that the winner was not eligible to participate in or was expelled from the raffle for any reason the raffle shall be redrawn.
5.3.7 Raffle Cancellations
We reserve the right to cancel any raffle, for any reason, before or after all or some of the raffle tickets have been sold. In these circumstances we will return the Stars redeemed to all participants in the cancelled raffle without obligation to pay any interest whatsoever.
5.3.8 Late/Unsuccessful Entry
Loylogic accept no responsibility for entries which are not successfully received, or which are delayed due to a technical fault, technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind.
5.3.9 No Conversion of Prizes
The conversion of a Prize into a cash amount and the payment of such cash amount to the winner or any similar transactions is not possible.
5.3.10 Substitute Winner
In case a winner does not, for any reason whatsoever, accept or claim a Prize within a reasonable time, or should it be determined that any winner was not eligible to participate in or was expelled from the raffle for any reason, the Prize shall may be awarded to a substitute winner, in the sequence of their draw. If necessary, a new winner shall be drawn from the existing ticket pool.
5.3.11 Applicable Law
The rules relating to raffles are governed by the laws of Switzerland. As a consumer, you will benefit from any mandatory provisions of the law of the country in which the promotion takes place. Nothing in these terms and conditions, including reference to this governing clause, affects your rights as a consumer to rely on such mandatory provisions of local law.
By entering a raffle, you confirm that you are not breaching any laws in your country of residence regarding the legality of entering the raffle. In case you participate in a raffle although applicable jurisdiction prohibits raffles and/or raffle participation, we reserve the right not to ship the Prize. We will not be held responsible if you enter into any raffle unlawfully. If in any doubt you should check with the relevant authorities in your country.
5.4 Reward Visa Card
Subject to acceptance of a Member’s application for a Reward Visa Card by Cornèr Banca SA, Members can convert their Stars to a monetary amount which will be loaded onto a virtual prepaid Reward Visa Card. See the full Reward Visa Card terms below. Please note that references to ‘miles’ and ‘points’ in those terms shall be construed to mean references to ‘Stars’.
6. Shipping, Handling and Returns
6.1 General
For shipping, handling, returns or other delivery related matters, such terms and conditions as set out in the relevant Merchant Details tab on the Store are exclusively applicable.
6.2 Shipping
Physical Rewards are sent only to the address explicitly provided with a specific order. Digital Rewards (including coupons and vouchers) can be downloaded via a link in the email sent to the address provided with a specific order. Delivery dates cannot be guaranteed and we do not assume any liability for failed deliveries caused by incorrect physical or email addresses, absence of the recipient, customs issues, force majeure or other reasons not under our reasonable control. Please contact us in case of non-delivery of a Reward beyond the estimated delivery time stipulated on the order confirmation page. Any non-delivery claims received later than 3 months from the order date can no longer be processed.
6.3 Fees & Taxes
The prices on the Store include all taxes and shipping and handling fees of the Merchant unless otherwise specified. Nevertheless, for some Rewards, you may be required to pay and may bear in addition local duties and taxes such as, for example, VAT and/or luxury or customs taxes depending on your local jurisdiction. Please check with your local customs authorities prior to purchasing an Reward.
6.4 Withdrawal Period
Where required by applicable law, Merchants give a 14-day withdrawal period dating from the day on which you received the Reward. The withdrawal period shall however always comprise at least 7 working days from the day on which you received the Reward. During this period, you have the right to withdraw from the purchase by notifying us and returning the unused and undamaged products in original packaging within 14 days of notifying us to the Merchant's address. Products returned thereafter can no longer be considered for refund or exchange nor can the Stars be refunded unless specified otherwise. There may be a longer withdrawal period or no withdrawal period for perishable or customized items or for digital products or downloads – please refer to the Merchant Details tab on the Store for more details.
6.5 Return Handling
In case a Merchant grants a return period that exceeds any legally required withdrawal period, such terms as set out in the relevant Merchant Details tab on the Store are exclusively applicable. In case of (i) returns in accordance with the applicable terms and conditions of the relevant Merchant, or (ii) unsuccessful delivery due to your actual fault (e.g., insufficient or incorrect delivery address or no physical acceptance at the nominated delivery address) you may be required to pay incurred credit card fees, additional shipping and handling fees, and any other taxes and expenses in connection therewith.
6.6 Guarantee Period
In case of an existing fault in a Reward, such guarantee periods, if any, as set out in the relevant Merchant Details tab are exclusively applicable.
6.7 Faulty/Damaged Goods
If you receive faulty/damaged goods from a Merchant, please contact us within 24 hours of receipt of your delivery, including, where possible, reasonable proof of the fault/damage.
7. Cancellation and Termination
7.1 Cancellation or Termination by You
You have the right to cancel your membership at any time up until 14 days from the date of registering with Ultimate without giving a reason. Contact us to cancel or you can use the model cancellation form.
You may terminate your account at any time, by contacting us.
After cancellation or termination, you will no longer be able to access the Store and any Stars issued to you will be forfeited.
7.2 Termination by Us
We have the right to terminate your account any time and for any reason on one hundred and eighty (180) days' notice.
In case you have not actively used the Store for a continuous period of 24 months (for example, you have not made any transactions in this period), we reserve the right to terminate your account.
We also reserve the right to immediately terminate any membership for any misuse or fraudulent activity.
After termination you will no longer be able to access the Store and any Stars issued to you will be forfeited.
8. Personal Information
8.1 Processing of Personal Information
We process personal information as required to operate Ultimate as explained in our Privacy Notice. By using the Store you consent to the use of your information in accordance with these Terms. To the extent that data collected through Ultimate contains personal data, the collection and further processing of such information is explained in the Privacy Notice. In addition, the processing of data collected by Merchants including information that the Merchant obtains from us is explained in the Merchants’ own privacy notices.
8.2 Confidentiality of Credentials
Access to and use of password protected and/or secure areas of the Store is restricted to authorised persons only. Unauthorized individuals attempting to access these areas of the Store may be subject to prosecution. You are responsible for maintaining the confidentiality of your credentials to the Store, including your account and password, and for restricting access to your computer to prevent unauthorised access to the Store. You agree to accept responsibility for all actions that occur under your account or password. You should take all necessary steps to ensure you’re your credentials are kept confidential and secure and you should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
9. Indemnification and Limitation of Liability
As far as permissible by applicable law, we hereby disclaim any product or other liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection your [purchases and with Rewards purchased by Members via the Store, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of the relevant Merchant. To the extent permitted by law, Loylogic excludes all liability to you or other person of whatsoever nature in respect of any service provided, or failure to provide a service, by or on behalf of a Merchant.
Loylogic provides no warranty whatsoever, express or implied, and assumes no responsibility to you or any third party, (i) as to the timeliness, accuracy, completeness, availability, merchantability, quality, fitness for any particular purpose and non-infringement of the information and content including any software programs available on or through the Store (collectively "Content") or that the Content is up to date; (ii) that the Store will meet your requirements, will be uninterrupted, timely, secure, or error-free; (iii) that the results that may be obtained from the use of the Store will be accurate or reliable; or (iv) that any errors in the content available through the Store will be corrected. The Content available on the Store may be updated at any time without notice.
As far as permissible by law, and subject to damages caused wilfully or with gross negligence, Loylogic, its affiliates, and their respective officers, directors and agents exclude any liability, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, or incidental damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of Ultimate, or with the delay or inability to use the Store and/or the Store or a linked Store, even if they have been made aware of the possibility of such damages. This limitation of liability includes, but is not limited to, the transmission of any virus which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, strike or other labour problems or any force majeure. Loylogic cannot and does not guarantee continuous, uninterrupted or secure access to Ultimate.
10. Legal Remedies
Loylogic reserves the right to seek all remedies available at law and in equity for any misuse of Ultimate and/or violations of these rules, including the right to block access from a particular internet address and to exclude you from accessing Ultimate or using the Store.m.
11. Copyrights, Marks and Patents
The trademarks, logos and service marks (collectively "Marks") displayed on Ultimate are the property of Loylogic, or of the Merchant or other third party, as the case may be. You are prohibited from using any Marks for any purpose including, but not limited to, the use as metatags on other pages or Stores on the World Wide Web without the written permission of Loylogic or such other party which may own the Marks. All Content is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Store for commercial or public purposes. You take note that one or more patents apply to the features and services accessible via the Store, including without limitation: Loylogic's U.S. Patent No. 7,698,185 and U.S. Patent No. 8,533,083.
12. Exchange Rates
All exchanges rates displayed on the Store in connection with any transactions are under license from XE.com.
13. Other Important Terms
13.1
We may transfer (assign) our obligations and rights under these Terms to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights under these Terms will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.
13.2
You may not transfer (assign) your obligations and rights under these Terms without our express written permission.
13.3
These Terms are between you and Us. They are not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.
13.4
If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.
13.5
No failure or delay by us in exercising any of our rights under these Terms means that we have waived that right, and no waiver by us of a breach of any provision of these Terms means that we will waive any subsequent breach of the same or any other provision.
14. Updates to Terms & Conditions
These Terms may be updated from time to time. Any changes will become effective upon our posting of the Terms & Conditions on the Store and/or the Store. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. This notice will be provided by email or by posting notice of the changes on the Store.
15. Governing Law
These terms and conditions are governed by the laws of Switzerland. You hereby consent to the exclusive jurisdiction and venue of the courts in Zurich, Switzerland in relation to any disputes arising out of or relating to these Terms or your use of this Store.
Last updated: 12th September, 2023
Reward Visa Card
Terms & Conditions
THESE TERMS AND CONDITIONS APPLY IF YOU REGISTER FOR A VIRTUAL REWARD VISA CARD
1. Card Issuance/ Contracting parties
Cornèr Banca SA (hereinafter referred to as ("the Bank") shall issue in favour of the card applicant(hereinafter referred to as “the Cardholder”) a personal and non-transferable Visa Prepaid Card (hereinafter referred to as "the Card") upon the Bank's acceptance of the Card application submitted by Card applicant. The Card may be issued physically by providing a plastic card and a secret personal identification number (hereinafter referred to as "the PIN") or virtually without providing a plastic card and a PIN). These General Terms and Conditions shall apply, to the extent applicable, likewise to physical and virtual Cards.
Upon acceptance of the Card application by the Bank and at any and all times thereafter, the Cardholder directly enters into a Card agreement with the Bank as the Card issuer. Loylogic AG, is the responsible service provider and Merchant of the Bank (hereinafter referred to as “the Service Provider”) . The Cardholder expressly agrees and accepts that any claims arising out of such Card agreement can only and exclusively be made against the Bank as the Card issuer, subject to the limitations provided for in Sections 3 and 4 hereinafter and the Service Provider expressly disclaims any such liability except for the process of converting accrued miles or points into funds as per Section 2, the delivery of the Card, the PIN and other personalized security features as per Section 8, and any consequences arising from the use or non-use of the online access functionalities as per Section 9.
2. Validity/ Loading/ Spending Limit
The Card shall remain valid until the date engraved upon it. If so requested, the Bank may replace the Card before it is due to expire. The Cardholder shall undertake to sign the Card as soon as he/ she receives it. The Cardholder shall update his/her profile immediately in case of any changes provided on the Card application, in particular of changes in personal data or address. If the Card is replaced, the balance of the old Card shall be transferred to the new Card, after deduction of any fees.
The Card will be exclusively loaded by the Service Provider via its bank account established with the Bank. Such loading operation shall be exclusively generated as a result of the conversion of accrued miles or points in virtue of a specific electronic tool developed by the Service Provider permitting such conversion. The Cardholder explicitly agrees to such loading operation by the Service Provider including but not limited to the back and forth transfer, debit, and/or credit of miles and points between the Cardholder's miles or points account and the Card. The Cardholder acknowledges that the Bank assumes no responsibility whatsoever with regard to the process of converting accrued miles or points into funds that are loaded or supposed to be loaded on the Card.
The Card can be used up to the amount transferred by the Service Provider. The spending limit shall decrease as Card usage increases but shall rise as subsequent transfers (hereinafter referred to as "reloads") are made to the Card. The spending limit does not earn any interest. Card spending above the spending limit shall not be allowed; should this limit nevertheless be exceeded, the Cardholder shall repay the excess amount immediately and in full and Service Provider reserves the right to make such points or miles withdrawal from Cardholder's account.
3. Use of the Card/ Safeguarding of the Card and PIN/ Limitation of liability
The Cardholder is authorised to purchase goods and services from affiliated merchants worldwide, provided that they are equipped with the electronic acceptance device for Visa Cards which requires the PIN or the signature. Cash withdrawals from ATM's or banks are excluded unless provided otherwise. The Service Provider and the Bank expressly disclaim any liability for purchases made by a party other than the Cardholder.
The Card must be kept in a safe place and protected against unauthorized access or use by third parties at all times. The Cardholder shall neither write down his/her PIN anywhere nor disclose it to anyone, not even to persons claiming to work for the Service Provider or the Bank and identifying themselves as such. The Cardholder shall be liable for all consequences resulting from his/her failure or the failure of the Cardholder of the Merchant Card to comply with the obligation to safeguard the PIN and/or the Card. The Cardholder further acknowledges that neither the Bank nor the Service Provider shall be liable in case of interception of the mobile device and subsequent misuse of the online access functionalities, PIN and/or Card by an unauthorized third party if the mobile device password, online access password, and/or PIN have been stored on the mobile device.
The Cardholder further acknowledges that neither the Bank nor the Service Provider shall be liable in case of interception or misuse of the points engine of the participating loyalty program by an unauthorized third party, or interception or misuse of a mobile device that has been “jailbroken”. The Card merely functions as a cashless means of payment. The Bank and the Service Provider shall not be held liable for any transactions conducted with the Card. In particular, the Cardholder shall acknowledge that the Bank and the Service Provider are not liable even if, for any reason, the affiliated merchants do not accept the Card, or accept it only partly. The Cardholder shall further acknowledge that the Bank and the Service Provider are not liable in such an event and shall not file any complaint with the Bank and the Service Provider in connection with the vouchers themselves and/or the Card usages relating thereto. This shall also apply in the case of late delivery of, or failure to deliver, goods or services. In the event of disputes or complaints of any kind concerning goods or services, or the exercise of any right in this connection, the Cardholder shall contact exclusively the affiliated merchant.
In particular, the Cardholder shall not be released from his obligation to pay the Bank the amounts shown on the e-statements in case of any disputes that may arise. The Card may only be used for transactions which are lawful. The Bank and the Service Provider expressly disclaim any liability in case of unlawful transactions and/or fraudulent use of the Card, false information provided on Card application and/or registration, which may lead to criminal and civil prosecution.
4. Acknowledging and Processing of Transactions/ Verification of the Balance
By signing the appropriate voucher when using the Card or by using the PIN, the Cardholder acknowledges the correctness of the amount. Moreover, the Cardholder shall acknowledge the validity of transactions carried out with the Card or with the Card details but without a signature or use of the PIN (on the Internet or over the telephone). The Cardholder irrevocably authorizes the Bank to pay this amount to the affiliated merchant. The Cardholder becomes a debtor of the Bank with regard to the amounts paid by the Bank. The Bank reserves the right not to honor any vouchers which do not comply with these General Terms and Conditions.
All purchases and other transactions made with the Card or with the details on it, as well as all payments, will be treated based on the value and date according to the date of the accounting entry. For Card usage conducted in other currencies (other than the currency of the Card), the Cardholder shall accept the exchange rate used by the Bank.
The Cardholder may at any time view the balance of his/her Card by means of online access functionalities hosted by the Service Provider. The balance includes all transactions notified to the Bank up to the evening of the previous Swiss working day. The e-statement shall be regarded as approved unless it is contested in writing immediately but at any rate no later than 30 days following the accounting entry date. Late notification of contested items shall not be considered.
5. Refund of Balance
Should the Card be cancelled, the Cardholder may ask for reimbursement of the remaining balance after deduction of administrative expenses as indicated in the table in the Card application form or as separately communicated by the Bank.
6. Loss of the Card
If the Card is lost or stolen, the Cardholder must report the event immediately to the Bank by telephone with subsequent confirmation in writing. In the event of theft, the Cardholder must also report the theft to the police. Until such time as the Bank receives such notification of the loss/theft, the Cardholder shall be liable for any fraudulent use of the Card. The Cardholder will be responsible for any transaction which has been made through the use of the Card and his/ her PIN, even after the Card has been reported lost or stolen. He/she shall not be deemed liable if he has exercised all due care in safeguarding the Card. In principle, such a replacement shall not be made until 7 days following such a request.
7. Blocking of the Card
The Bank reserves the right at its discretion to block and/or recall the Card of the Cardholder at any time, without advance warning and without having to give reasons. Its decision cannot be contested. The Bank and the Service Provider shall not be held liable for consequences which might arise for the Cardholder as a result of the blocking or recall of the Card. The use of a blocked Card is unlawful and may result in prosecution, as may the obligations incurred by the Cardholder as a result. The Bank reserves the right to provide the affiliated merchants with any information they may require to obtain the amount due directly from the Cardholder.
8. Transmission of Documentation and Identification Tools
The Cardholder instructs the Bank to deliver the Card, the PIN and other personalised security features issued from time to time by the Bank in his/ her favor as well as the documentation and information related to the use of such Card, PIN or other personalised security features at his/her attention to the Service Provider or its authorized agent. The Service Provider and/or its authorised agent shall be responsible to deliver such tools, documentation and information to the Cardholder by adopting appropriate security measures. The Card and the PIN may be posted to the address provided by the Cardholder in the application form. The Card and the PIN shall be delivered to the Cardholder in different envelopes. The Service Provider and the Bank expressly disclaim any liability for late shipment or none arrival of the Card and/or PIN and any follow up shipment remains at Cardholder's expense. The Card shall remain the property of the Bank at all times.
9. Disclosure of information; online information and e-statement; call center facilities
The Cardholder instructs the Bank to make available to the Service Provider any information related to the Card, in particular information concerning Card issuance, Card use, reloading, etc., in order to enable the Service Provider to administer its relationship with the Cardholder. The Service Provider will provide appropriate online access functionalities and make available to the Cardholder electronically a statement of the executed transactions and Card usages, reloadings, charges and fees (e-statement). In the event of discrepancies between the records provided by the Service Provider and the internal accounting records of the Bank, the Bank records shall prevail. The Cardholder explicitly accepts to receive all these information electronically and not on paper. The Bank shall not be liable for any consequences arising from the use or nonuse of the online access functionalities provided by the Service Provider. The Bank will further neither incur any liability with regard to the accessibility or serviceability of such online facilities nor assume any responsibility regarding the execution, non-execution or partial execution of all obligations incurred by the Service Provider in favour of the Cardholder regarding such online access functionalities including, but not limited to, access codes, passwords, etc.
The Bank will make available to the Cardholder, at any time, the Card balance and the e-statements also through its call center.
10. Data Protection
The Bank is committed to maintaining personal data in accordance with the requirements of the Data Protection Act and will take all reasonable steps to ensure that data is kept secure at all times. Unless required by law or elsewhere in these terms and conditions, personal information will not be passed to anyone without the Cardholder's permission. In order to ensure the operability of the Card with VISA network, the Cardholder authorizes the Bank to transmit, in so far as it is necessary, his/ her personal data to third parties, i.e. any entities of the financial sector and to any affiliated merchants/banks, which participate in the relevant international Card payment system, to the Card producers, to the entities which apply the relevant data to the Cards and to the entities which possess the relevant Card license, as well as to the international authorization and clearing authorities. To comply with applicable Know-Your-Client-rules and Anti-Money Laundering Regulations, the Bank, the Service Provider and/or any other business Merchant (the “Merchant”) who will introduce the Cardholder to the Service Provider and the Bank, shall be entitled to carry out all necessary verifications regarding the Cardholder's identity. The Cardholder acknowledges and accepts this concept of data processing and accepts further, that his personal data may be used by the Service Provider and the Bank for proper marketing purposes.
11. Fees
The Cardholder shall pay to the Service Provider and/or the Bank the fees concerning the issuance and use of the Cards as well as the services rendered by the Service Provider and/or authorised agents. With regard to the services rendered, the Bank receives recompense from the Service Provider and respectively the Service Provider receives recompense from the Bank. However, the Bank and/or the Service Provider have no obligation to report to the Cardholder on the payment of such amounts. The Cardholder waives any claims to any such recompense. The Cardholder shall be exclusively liable with regards to payment of the Card fees and all obligations arising from the use of the Card and from these Terms and Conditions. All fees due to Card charge backs, administrative fees, lost or stolen Cards or PINS, shall be borne by the Cardholder.
12. Cardholder communications and enquiries
Except where provided otherwise herein, any communication, notification or transmission of information shall be made in the manner agreed upon between the Bank and the Cardholder in any relevant document (i.e. application form) or by means of the Service Provider's webStore.
13. Privacy/ Verification, Disclosure, Transfer of Information/ Assignment of Agreement/ Acceptance of Agreement /Place of Jurisdiction/Other Conditions
The Bank and/or the Service Provider or its agents shall be authorized to record telephone conversations between it and the Cardholder on quality assurance and security grounds, to store these recordings on data media and to keep them for one year.
Moreover, the Cardholder certifies the data furnished on the Card application to be correct and authorizes the Bank to obtain from public offices, banks and authorized third parties any information deemed necessary for the review and verification of the application. The information and data disclosed to third parties shall, in principle, only be used for the collection and performance of outstanding claims. The Cardholder accepts that data are transmitted to the Bank via the international credit card network even related to transactions taking place in Switzerland.
The Bank may offer to assign or assign all or any of the rights accruing to it from this Card agreement (from use of the Card, annual fee, etc.) to third parties in Switzerland and abroad. It shall be authorized to divulge information and data in connection with this agreement to such third parties at any time. If the third parties are not subject to Swiss banking secrecy, this information shall be divulged only if the recipients of the information and data undertake to keep them secret and make this obligation binding on any other contracted Merchants. (The information and data divulged to third parties shall, in principle, only be used for the collection and enforcement of outstanding claims.)
The Cardholder has read and understood these General Terms and Conditions and accepts them in full by submitting his or her Card Application. In addition, he shall receive a further copy of these General Terms and Conditions together with his Card. By signing and/or using the Card, the Cardholder confirms acceptance of the General Terms and Conditions. The Bank reserves the right to amend these General Terms and Conditions at any time. The Cardholder shall be informed of such changes by circular letter or in some other appropriate form (i.e. by e-mail, by means of the Service Provider's webStore, etc.). The changes shall be regarded as accepted by the Cardholder's continued use of Card or if the Cardholder raises no objection within 30 days of notification, whichever is earlier.
All legal relations between the Cardholder and the Bank and/or Service Provider shall be subject to Swiss substantive law with the exclusion of conflict of law principles. The place of performance, the place of special proceedings for the collection of debts owed by Cardholders residing abroad and the exclusive place of jurisdiction for all disputes shall be Lugano, Switzerland, subject to compulsory dispositions of Swiss law. The Bank and/or Service Provider shall, however, also have the right to take legal action against the Cardholder in the competent court of his place of residence or in any other competent court.
Last updated: 7th December, 2023
