General Terms and Conditions for Payment Cards issued by
Viseca Card Services SA
Private – Version May 2022
Table of Contents1. General Provisions 1.1 What is the purpose of this document? 1.2 What are physical and virtual cards? 1.3 What are primary and additional cards? What are the rules applicable to cardholders? 1.4 When does the card contract start and end? How are cards blocked, renewed or replaced? 1.5 How are transactions approved? 1.6 Who bears what risks and liability? 1.7 What duties of care and notification do you have? 1.8 What fees and interest should you expect to pay? 1.9 What are the rules in respect of significant additional services? 1.10 How is personal data protected? 1.11 What other rules must be complied with? 2. Special provisions governing the credit function 2.1 How do you have to pay your card bill? 2.2 What should be borne in mind when using the card at ATMs with direct debit? 3. Special provisions governing the prepaid function 3.1 What are your limits? 3.2 How do you obtain your transaction summary? 3.3 How does one make a balance query and obtain a refund of a balance? 4. Special provisions governing the debit function 4.1 How can you use your card? 4.2 How are transactions and fees charged?
1.1What is the purpose of this document?
These General Terms and Conditions (“GTCs”) govern the legal relationship between Viseca Card Services SA as the card issuer (“Viseca” or “we”) and you as the holder of a physical and/or virtual payment card of Viseca (“card”).
These GTCs consist of general terms and conditions (Section 1) as well as special terms and conditions for the use of cards with a credit (Section 2), prepaid (Section 3) and debit function (Section 4). The general terms and conditions apply to all cards, while the special terms and conditions apply to the specific card functions.
1.2What are physical and virtual cards?
In the case of physical cards, the card number is printed on a card and stored both on the chip and on the magnetic strip. In the case of virtual cards, instead of the card number, a digital number (token) can be generated and stored on a mobile or other device, e.g. mobile phone, smart watch, fitness tracker or car.
1.3What are primary and additional cards? What are the rules applicable to cardholders?
The holder of the primary card (“primary card”) may, on his/her own responsibility and for his/her own account, apply for an additional card for a related person or himself/herself (“additional card”).
1.3.1What are the rules applicable to the primary cardholder?
- You are liable for all obligations resulting from the usage of primary cards and any additional cards.
- You may view the data and transactions of the additional cardholder in the same manner as your own.
- You are responsible for ensuring that holders of additional cards also comply with the GTCs and amendments thereto.
- You are responsible for ensuring that additional cardholders are also informed of further terms and conditions for using the card, in particular fees and interest.
- You may also make and receive all declarations relating to the additional card (e.g. blocking, termination) on behalf of the holder of the additional card. You must therefore coordinate with the holder of the additional card and ensure that the declarations are passed on to them.
1.3.2What are the rules applicable to the holder of the additional card?
- Your data and transactions are visible to the primary cardholder.
- You are jointly and severally liable, on an unlimited basis, together with the primary cardholder, for all obligations arising from the usage of the additional card.
- In the event of the death, loss of legal capacity or bankruptcy of the primary cardholder, you must inform us immediately and may not continue to use the additional card.
1.3.3What rules are applicable to both cardholders?
We may, in our absolute discretion, obtain or provide any declarations relating to the additional card directly from or to the additional cardholder. In all other respects, the same terms and conditions apply to both cardholders, unless these GTCs expressly provide otherwise.
1.4When does the card contract start and end? How are cards blocked, renewed or replaced?
If you apply for a card, we may offer a card to you, or decline your application without stating reasons. If we offer you a card, you will receive your personal card as well as a separate PIN code. The card may also be issued exclusively on a virtual basis and displayed in an environment specified by us or in a manner agreed with us. Every card shall remain the property of Viseca.
1.4.2Commencement of the card contract and acceptance of the GTCs
The card contract is formed:
- the first time the card is used;
- when the card is stored on a mobile device or other device; or
- when you sign the card, if a signature field is available.
In addition, you confirm that you have taken note of these GTCs, acknowledged their content and accepted the fees and interest applicable at the time you use the card.
1.4.3Blocking the card
Either party can block a card at any time without stating reasons (an additional cardholder may only block additional cards). However, you will remain responsible for all debits deemed authorised by you following the blocking or expiry of the card.
1.4.4Card renewal or replacement
The card expires at the end of the validity period indicated on the card. Unless the card contract is terminated, you will receive a new card from us in good time. If you have not received your new card at least ten days before the expiry of your previous card, please inform us immediately.
1.4.5Termination of the card contract
You have the right to terminate the card contract at any time due to any reason and with immediate effect by informing us in writing. Termination of the primary card relationship also applies to any additional cards; however, the holder of an additional card may only terminate the additional card. We also reserve the right, without any need to provide reasons, to terminate the card contract, not to renew and/or demand the return of the card at any time.
Upon termination of the card contract, our demand for the return or the cardholder's return of the card, all outstanding amounts become due immediately and cardholders have no entitlement to a pro rata refund of the annual fee. We shall be entitled to bill you for all debits charged or approved after termination, as well. Upon termination of the card contract, you are obliged to destroy any physical cards and to remove any virtual cards from mobile or other devices.
1.4.6Subscriptions and other recurring services
Recurring services which are paid for using the card (e.g. newspaper or music subscriptions, memberships, online services) must be cancelled directly with the acceptance point if they are no longer desired.
The expiry or blocking of the card or the termination of the card contract does not automatically result in cancellation of the recurring service. Upon expiry or blocking of the card and upon termination of the card contract, you are thus required to change the payment method with the acceptance point or to cancel recurring services where applicable. Otherwise, you shall be liable for all debits arising from recurring services and previously approved payments.
1.5How are transactions approved?
1.5.1Use of cards
You may use the card to pay on a cashless basis for goods and services up to your limit at all points of acceptance in Switzerland and abroad. If cash withdrawals are authorised, you may also withdraw cash from ATMs and from authorised retailers. If we offer this, money may be transferred or received via the existing payment system infrastructure. In addition, subject to your limits, the card will be used to pay for the optional insurance policies and packages that are directly linked to the card and the premiums will be debited from your card account.
If your card has a credit or prepaid function and a debit function, you can choose which function should be used to execute the transaction in question. We cannot guarantee that an acceptance point will accept all card functions and we are not liable for any losses in connection with the choice of function. We may at any time exclude the possibility of selecting the function in question.
You may only use your card within the scope of your own financial means and subject to your approved credit limit. You will be informed of that limit at the time the card is issued and it is stated in your bill. You can also request it from us and obtain it under Digital Services (Web and App) of the respective provider. Please note that amounts of cash withdrawals and money transfers may be subject to further restrictions in addition to the credit limit. We may increase, restrict or cancel your limits and your ability to use the card at any time. Cardholders may not use the card for illegal purposes.
1.5.2Approval of the transaction
Transactions are approved by providing the card number or token to the acceptance point or depositing it with the acceptance point. Insurance or packages offered as an option and directly linked to the card are deemed approved by your signature on the application form. Any claim arising from an approved transaction shall be deemed to have been acknowledged by you. At the same time, we are irrevocably instructed to pay the acceptance point's claim. By concluding an optional insurance policy, you as the insured authorise the billing agent (us or Viseca Payment Services SA as the policyholder) to debit the corresponding premiums from your card account.
1.5.3Authentication of the cardholder
For security reasons, we or the acceptance point may request that you provide additional authentication or further information:
- by entering your PIN code;
- by signing a physical or electronic receipt;
- by providing confirmation using 3-D Secure in the App in question or by entering an SMS code;
- by providing or depositing the name on the card, the card number, the validity date and the three-digit security code (CVV, CVC) with the acceptance point;
- by entering user names and/or passwords agreed with the acceptance point for card data stored;
- by a biometric process we provide (e.g. fingerprint, facial recognition) on a mobile or other device;
- by submitting the corresponding signed application form for optional card-linked insurance or packages;
- by another authentication method specified by us.
1.6Who bears what risks and liability?
1.6.1Transactions concluded using the card
You are solely responsible for the transactions concluded with the card. In particular, you must resolve any claims relating to goods or services or any differences of opinion and claims relating to such transactions directly with the acceptance point in question. However, the card bill must be paid on time.
1.6.2Misuse of the card
We shall assume full liability for any losses that you have incurred as a result of demonstrable misuse of the card or fraudulent authentication by unrelated third parties1. This includes, for example, damage caused by forgery or falsification of the card or data theft by unrelated third parties.
“Related third parties” means your spouse or registered partner, relatives (e.g. children or parents) or other related persons, authorised representatives, holders of other cards from the same card account or persons living in the same household.
In particular, we assume no liability for:
- losses resulting from misuse of the card attributable to your breach of these GTCs, in particular your duties of care and notification pursuant to Section 1.7, or losses which are due to your fault, until such time as any block is effective;
- losses arising from transactions that you or related third parties have authenticated, e.g. by entering the PIN code, confirming with 3-D Secure, entering an SMS code or using a biometric process on a mobile or other device;
- losses covered under an insurance policy;
- losses arising in connection with additional services under the card (e.g. loyalty programme);
- indirect and consequential losses.
If we compensate you, you are obligated to assign your claims arising from the event of loss to us.
1.6.3Non-acceptance of the card, disruptions and interruptions of other services
We endeavour to provide the payment options offered, any cash withdrawal options, money transfer options and other services as smoothly as possible without disruption and interruption. Nevertheless, we are unable to guarantee that you will be able to use your card and access the above-referenced services, or any other services, at all times or ensure that such services will not be subject to any interruption. In particular, we shall not be liable and shall not indemnify you for losses if an acceptance point rejects the card for any reason whatsoever, or when payment cannot be effected with the card for technical or other reasons. The same shall also apply in cases where the card cannot be used at an ATM, or if the card is damaged or rendered unusable by an ATM.
1.7What duties of care and notification do you have?
In order to prevent misuse of the card, you must specifically comply with the following obligations. If you breach them, you will be responsible for any losses without limitation until the card has been blocked.
1.7.1Duties of care in relation to payments/card usage
- Sign the card in the signature box, if available, immediately upon receipt.
- Keep the card in a safe place and separate from the PIN code, do not hand it over to anyone or make it accessible to anyone.
- Avoid any other access or disclosure of the card number, validity date, CVV/CVC or SMS code.
- Immediately change the PIN code and other means of authentication set by you (e.g. passwords) if you suspect someone else has become aware of them. You may change the PIN code at dedicated ATMs in Switzerland.
- Do not use any obvious combinations (e.g. telephone numbers, dates of birth, license plate numbers, etc.) for the PIN code and other means of authentication defined by you (e.g. passwords).
- Enter the PIN code protected from access by third parties, never disclose it to anyone else or write it down, even in encrypted form.
- Where possible, use secure payment methods (e.g. 3-D Secure) and comply with the terms and conditions for online services.
- Protect the end devices you use (e.g. computers, mobile or other devices such as mobile phones, smart watches, fitness trackers or cars, etc.) by means of appropriate precautions against unauthorised access and use by third parties, in particular by installing and regularly updating comprehensive anti-virus and internet security programmes as well as updates of the operating systems and internet browsers used.
- If you know or suspect that the card has been lost, stolen, misused or confiscated, please contact us immediately by calling +41 (0)58 958 83 83 (24/7 service).
- Destroy or return any card that has expired, has been permanently blocked or terminated upon termination of the card contract and refrain from using the card.
- In the event of any loss, help us to investigate what has happened and to mitigate the loss; in the event of a criminal act, report the matter to the police and ask for a copy of the police report.
1.7.2Duties of care when reviewing transactions, approval
- Check your card bill, transaction summary and/or bank statement immediately upon receipt. This also applies if such documents are sent at your direction to third parties (e.g. to the primary cardholder).
- Call us immediately if you identify any debits arising from misuse of the card or any other irregularities.
- Please submit any complaints to us in writing, together with the necessary documentation, no later than 30 days after the date of the card bill, the transaction summary and/or the bank account statement, failing which they shall be deemed to have been approved by you.
- Please complete and return the complaint form provided by us within 10 days and enclose a copy of the police report if we ask you to do this.
- A direct debit procedure that has been rejected, revoked or otherwise unsuccessful does not release you from your obligation to review and to lodge a complaint, where warranted.
1.7.3Duties of notification
You must inform us immediately in writing:
- if you have concluded any transactions but have not received a bill for more than two months;
- in the event of any change of the information contained in the card application (e.g. name, address, account, income or beneficial owner).
Any notices sent to your last known address will be deemed to have been validly received. Any costs for finding out your whereabouts will be charged to you.
1.8What fees and interest should you expect to pay?
Usage of the card or the card contract may be associated with fees, commissions, costs (collectively “fees”) and interest. The annual fee for the card is payable in advance.
You will be informed of the fees and interest in the card application and/or in some other appropriate manner. You can also request the applicable fees and interest from us or your bank or view them on our website or the bank’s website. In addition, we may also charge you for any costs we incur due to your fault.
1.8.2Transactions in foreign currency or Swiss francs abroad
We convert transactions in a currency other than the card currency (foreign currency) at the exchange rate specified by us, which is based on the exchange rates of the card networks. The exchange rate may include a surcharge.
If you use the card in a foreign currency or with a foreign acceptance point to pay in Swiss francs (including internet transactions processed via a foreign acceptance point), we may charge a processing fee. You can find the amount of the processing fee in our current fee schedule.
1.8.3Waiver of entitlement reimbursement of compensation paid to a bank
We have entered into agreements with a number of banks that refer their clients to us (“Referring Bank(s)"). Under these agreements, the banks provide us with various services such as distribution and customer service. We compensate these banks for these services. The compensation may amount to between 30% and 65% of the fees you pay for the issuance of your card (particularly the annual fee) and your use of the card (particularly transaction fees).
Such compensation shall be payable exclusively to the Referring Bank. In the event that a bank receives such compensation which it is required to reimburse to you pursuant to agency law (Art. 400 CO) or any other applicable provisions, you are deemed to fully waive in favour of the bank your right to demand that such compensation be passed on to you. Likewise, you have no right to claim such compensation from us.
1.9What are the rules in respect of significant additional services?
Various services are provided to you via digital services (web and app) (“online services”), e.g. for verification and confirmation of payments, for the provision of an overview of transactions or cards, for downloading of invoices or mobile payment. In order to access the online services, you must log on using the applicable means of authentication. In addition, in order to access the online services, you may be required to accept and comply with additional terms and conditions when signing on or registering.
Eligible cards will participate in the loyalty programme of the respective provider. The terms and conditions of participation of the respective provider shall apply.
Depending on the card, you will benefit from various insurance policies. We or Viseca Payment Services SA as the policyholder offer insurance services to you at the same time as the card contract is concluded. An overview of the insurance benefits and the terms and conditions of insurance can be found at https://www.viseca.ch/en/customer-service/downloads.
1.10How is personal data protected?
1.10.2Authorisation to obtain information
By providing your consent, you are deemed to authorise us to:
- verify and process your information and obtain the necessary information for this purpose from third parties, e.g. from the Central Office for Credit Information (“ZEK”), from public authorities (e.g. debt enforcement and tax offices, residents' control offices), the Referring Bank, credit reporting agencies, employers and other persons provided for by law (e.g. Consumer Credit Information Office [IKO]) or appropriate information centres;
- report facts such as card blocking, payment arrears or misuse of the card to the ZEK and, in the cases provided for by law, to the competent authorities; and
- if you have ordered your card from a Referring Bank, obtain all information and documents from the Referring Bank that are necessary to combat money laundering and terrorist financing. You thereby also authorise the Referring Bank to disclose such information and documents to us and to notify us of any changes to customer data.
Within the scope of these authorisations, you release us and the Referring Bank from the obligation to preserve banking, business or official secrecy and to comply with data protection rules.
1.10.3Disclosure of data to service providers and third parties in Switzerland and abroad
We are entitled to engage service providers and third parties in Switzerland and abroad to perform our services. This includes e.g. card application review, card creation, online services, transaction processing, collection, operational data analysis to improve our fraud prevention and risk models or sending information or offers.
You authorise us to furnish these service providers and third parties with the data necessary to perform the tasks incumbent on them.
1.10.4Disclosure of data to the Referring Bank
Insofar as you have ordered your card from a bank that makes referrals to us, you authorise and agree that:
- Viseca will share your personal data as well as credit and prepaid transaction data with that bank; and
- that the Referring Bank may use the transaction data received for its own purposes in accordance with its own data protection provisions for all of its business areas, in particular for risk management and marketing purposes.
Consent to the disclosure of credit and prepaid transaction data is voluntary and may be revoked in writing at any time with future effect without stating reasons.
The disclosure of your debit transaction data to the Bank is mandatory in order to provide the service. The transmission of debit transaction data may only be revoked by terminating the debit function.
1.10.5 Consent to marketing
You authorise and agree to allow us:
- to create and evaluate customer, consumption and preference profiles in order to offer you products and services (including those of third parties); and
- to send such information to you at your email address, postal address or by telephone (e.g. SMS) or provide the same via online services.
You may revoke this consent as to the future at any time by written notice.
1.11What other rules must be complied with?
Where we so provide, both parties may use electronic means of communication (e.g. email, SMS, messages via the app). Notices are deemed to have been delivered as soon as they are accessible to you for the first time. If you send us an email or provide us with your email address, you consent to us communicating with you by email. The risk of third parties gaining knowledge of messages without authorisation can never be completely ruled out when using electronic means of communication, and we do not accept any liability for this.
1.11.2Amendment of the GTCs
We may amend these GTCs and the other terms and conditions (e.g. fees, interest and card services) at any time. We shall inform you of any amendments at least 30 days before they take effect. We may notify you with legal effect of any amendments to these GTCs by using electronic means of communication (e.g. email, SMS, notices via the app). Unless you terminate the card contract in writing before the changes take effect, the amendment shall be deemed to have been accepted by you.
1.11.3Assignment of the card contract
We may transfer the card contract or individual rights and obligations thereunder to affiliated companies and/or third parties in Switzerland and abroad (e.g. to debt collection companies or the Referring Bank) and make available the necessary data and disclose any banking relationships.
1.11.4Jurisdiction and Applicable Law
The legal relationship between you and us is governed by Swiss law. Unless mandatory legal rules apply, the place of performance is Zurich, jurisdiction is vested in the courts of Zurich and, for cardholders domiciled abroad, the place of debt enforcement is likewise Zurich.
2.Special provisions governing the credit function
2.1How do you have to pay your card bill?
You are obliged to make timely payment for all claims, fees and interest arising in relation to the usage of the card and under the card contract.
We will send you a bill on a monthly basis or at another interval; at the option of the primary cardholder, this will be sent to you electronically or in paper form. We reserve the right to charge a fee for paper bills.
The card bill will state the outstanding invoice amount (total amount), the minimum payment due and the payment deadline. The amount of the bill also includes any fees and interest pursuant to the schedule of fees, in addition to claims for transactions.
2.1.2What payment options do you have?
- You may pay your bill before the payment due date indicated on the bill.
- If so agreed, you may pay by monthly instalment before the payment due date indicated in the card bill. Please note that the minimum monthly payment amount, which you can find in your card bill, breaks down as follows:
- percentage of the total outstanding monthly billing amount or a minimum lump-sum amount in accordance with the fee schedule; plus
- fees, unpaid interest, any amounts that are in default and any amounts exceeding your credit limits.
- Under certain conditions, you may pay the invoice in three monthly instalments within a maximum of 90 days from the invoice date. Each instalment must be paid before the payment due date indicated on the bill. Please note that the minimum monthly payment amount that you will receive from your card bill breaks down as follows:
- at least 33% of the total outstanding monthly billing amount or a minimum lump-sum amount in accordance with the fee schedule; plus
- fees, unpaid interest, any amounts that are in default and any amounts exceeding your credit limits.
Payments by instalments received shall first be credited against the interest claim and any insurance premiums. The remaining unpaid portion of a bill, combined with the total of the new debits incurred using the card, must not exceed your approved limit (see sec. 1.5.1).
2.1.3What interest will you owe if you pay on time?
Interest is owed at the applicable annual interest rate on all amounts billed – except for interest that has already accrued – from the date of the relevant bill. The applicable annual interest rate is set out in the schedule of fees or the corresponding agreement (see Section 2.1.2, second point).
If the amount stated on the bill is paid in full before the payment due date, we will not charge you interest on debits made during the month to which the bill relates.
If the invoice is paid in instalments before the payment due date, interest will be charged on all debits until receipt of the instalment payment and thereafter on the residual balance until receipt of full payment for the balance.
2.1.4What interest do you owe us in the event of late or insufficient payment?
If you fail to pay the amount or the minimum payment stated on the bill before the payment due date in full or in part, the entire outstanding amount of the bill (including interest charges) shall fall due and you shall be deemed in default without further notice. Should this occur, we shall be entitled to charge default interest, demand full payment with immediate effect and block the card. The applicable rate of default interest is indicated in the schedule of fees.
You will be liable to us for all other costs we incur for collection of any overdue claims under the card contract (including the agreement pursuant to sec. 2.1.2, second point).
2.2What should be borne in mind when using the card at ATMs with direct debit?
If the card only has the credit function and the Referring Bank has approved the card for use at ATMs with direct debiting of the bank account, the following applies:
- The use of the card at ATMs with direct debit is limited to Switzerland. The Bank may also limit the use to Swiss francs.
- All cash withdrawals will be debited from the bank account indicated in the card application or in a subsequent order. You may only use the card if the required cover (credit balance or allocated limit) is available on the specified account. A special cash withdrawal limit is set for the card.
- The withdrawals will appear directly on your bank statement and will therefore not be listed on the card bill.
- The Referring Bank may charge fees for accepting the card at ATMs and for processing the transactions carried out, which are debited directly from the bank account indicated. In the case of cash withdrawals in a foreign currency, you will be charged the applicable exchange rate of the Referring Bank.
- If your card is misused by third parties at ATMs with direct debit, we shall not be liable. Otherwise, the provisions set forth in Section 1.6.2 shall apply.
3.Special provisions governing the prepaid function
3.1What are your limits?
The prepaid card shall be approved subject to a usage limit, depending on your available balance. The amount of the balance shall correspond to the amount deposited in advance, less any fees. The balance is reduced according to the use of the card and increases again as a result of subsequent deposits (card top-up). The balance must not exceed the maximum limit set by us.
Use of the card beyond the limit is unlawful. If the limit is exceeded, you are obliged to pay the outstanding amount immediately by topping up the card. We reserve the right to charge fees if the limit is exceeded.
3.2How do you receive your balance or transaction summary?
You can check your current balance and the transactions made at any time via online services or alternatively contact us via a chargeable hotline.
Either on a monthly basis or at other intervals, we shall provide you with a transaction summary indicating the current balance at the time of creation. At your option, this will be forwarded to you electronically or in paper form. We reserve the right to charge a fee for paper bills.
3.3How will your balance be refunded?
If you no longer use the card or wish to terminate the card contract, you may request a refund of your current credit balance from us in writing. The refund will be made exclusively to a Swiss postal or bank account in your name. There may be a fee for refunding your balance.
4.Special provisions governing the debit function
4.1How can you use your card?
You can use the card to pay for goods and services at the authorised acceptance points and to withdraw cash at appropriately designated ATMs in Switzerland and abroad. The following shall apply in this context:
- A card with a debit function requires that you have a bank account with the Referring Bank.
- In addition to you, account representatives or persons designated by you may also be holders of such a card.
- In the case of cash withdrawals in a foreign currency, you will be charged the applicable exchange rate of the Referring Bank. Cash withdrawals may also be associated with fees.
- You may only use the card if cover (credit balances or limit granted by the Referring Bank) is available in the specified account. In the event of insufficient cover, we shall be entitled to refuse the transaction or the cash withdrawal.
- You may also use the card for other services of the Referring Bank. In this context, only the terms and conditions agreed with the Referring Bank shall apply.
4.2How are transactions and fees charged?
The debit transactions carried out are debited directly from your bank account and disclosed to you on a monthly basis or at other intervals in your bank account statement.
In addition to the Bank, we are entitled to debit all approved debit transactions as well as fees (e.g. annual fees and costs) from your bank account. In the event of cancellation or termination of the card contract, this shall also apply to all amounts attributable to your use of the card prior to cancellation or termination of the card contract. You authorise the Referring Bank to pay us these amounts. This shall apply notwithstanding any disputes with third parties.
1 If your card is misused by third parties at ATMs with direct debit, liability pursuant to Section 2.2, point five, shall apply by way of derogation from this provision.
Version May 2022
Viseca Card Services SA, Hagenholzstrasse 56, P.O. Box 7007, 8050 Zurich, Phone +41 (0)58 958 84 00