TWINT Terms of Use

These terms and conditions of use for BPS (SUISSE) TWINT (hereinafter also referred to as the "App” or BPS “TWINT") are accepted by the customer when using the service for the first time.

1. BPS (SUISSE) TWINT Services
The service is accessible via the BPS TWINT app offered by Banca Popolare di Sondrio (SUISSE) (hereinafter the "Bank").
The service allows you to make payments with your mobile phone or tablet or other device (hereinafter "device") that supports the App, connected to the internet network and to a telephone number indicated at the time of activation.
It enables cashless payments between two TWINT users (hereinafter referred to as "P2P payments") and cashless payments to an authorised reseller for the purchase of goods or services (hereinafter referred to as "P2M payments") via the TWINT payment system of TWINT AG (hereinafter referred to as the "payment system operator")
BPS TWINT also offers value-added services such as the registration or activation of "customer cards" and e-marketing services. These services enable the customer to receive and manage coupons, points cards and other campaigns within BPS TWINT, as well as to redeem loyalty rewards, discounts and credits.
To make payments, the customer is registered with the payment system operator.
Before making the transaction, the system verifies that there is sufficient funding to debit the amount from the account and in case of insufficient amount, the transaction is not executed/accepted by the app.

2. Service Registration
The customer can register to the BPS TWINT service by accepting the terms and conditions. At the first access, the customer can decide to activate biometric authentication (fingerprint or facial recognition) if his device supports these forms of authentication.

3. Legitimacy
The offer of the BPS TWINT service requires that the user (i) has a CHF account with the Bank, (ii) is resident in Switzerland, Italy, Germany, Austria or Liechtenstein, (iii) provides a mobile phone number specified by him/her and (iv) has an active BPS (SUISSE) debit card.
In addition, a GoBanking contract must be activated in advance on this account for the benefit of the user of the BPS TWINT service.
The user who has legitimized himself correctly is considered to have the power to dispose of this modality. In this case, the customer acknowledges and agrees that the Bank will consider anyone who identifies himself as a legitimate user to be entitled to carry out a transaction via the BPS TWINT app.
The Bank is authorized to automatically debit and credit the indicated account with the amount of each transaction made through the app by those who identify themselves as legitimate users.

4. Payments

1. Payment instruction
   By confirming the payment within BPS TWINT, the customer irrevocably instructs the Bank to transfer the amount shown in the app to the named beneficiary and authorizes the Bank to debit the account linked to BPS TWINT in question.
   The Bank sets the maximum amounts for each transaction and the maximum volumes that can be transferred or received during a given time frame. The Bank publishes these limits on the TWINT app. Once these limits are reached, it will no longer be possible to make and/or receive further payments via BPS TWINT for the specified time period. The Bank is granted the right to change the limits at any time without prior notice.
2. Special note on the "Send" function (P2P payments)
   In P2P payments, it is possible to access the address book and select the recipient of the payment or type in their mobile phone number directly.
   Payments to TWINT users who have not yet been registered can be revoked up to the time of the beneficiary's registration. In the absence of such registration, an automatic refund will be made within 5 days of the date of the instruction.
   In the context of P2P payments, the system transmits the payer's first name, last name and mobile phone number to the payee's financial institution. It is also possible to include images. In the event of improper or unlawful use of this function, the Bank reserves the right to delete the images without further notification or to block the application.
3. Special note on the "Pay" function (P2M payments)
   In the case of P2M payments, it is not permitted to split the amount due over several TWINT transactions.
   If the customer has registered in a merchant app or online shop and has set TWINT as a payment method, the merchant is entitled to debit the amount due, either once or on a recurring basis, without the BPS TWINT user having to authorise the individual debits. The customer has the right to revoke this authorisation at any time. The customer can only renew expired or deactivated registrations with the reseller.
4. Private use / misuse
   BPS TWINT may not be used for commercial purposes. In addition, if the use of BPS TWINT deviates significantly from normal use or if there are indications of unlawful or improper behavior, the Bank may request the modification, limitation or suspension of the provision of the service without notice and without compensation, terminate the contract without notice and without compensation and, if necessary, claim damages as well as exemption from claims by third parties. The same applies if the customer provides inaccurate or incomplete data during registration.

5. Limits
The Bank's debit authorization is always valid without reservation, even in the event of disagreements between the customer and a third party (e.g. a retailer).
The customer can set the function of automatic authorization of a limit below which a payment is executed without requiring further authorization. Automatic execution only applies to payments below the limit. Payments that exceed the limit or are made to an unknown payee are recorded and require a second authorization from the customer to be executed.
This does not apply to payments in the online shops and the app shop, which must always be confirmed. The Bank's right to debit is always valid without reservation, even in the event of disagreement between the customer and a third party (e.g. a retailer).
Only payments that are covered by the available balance in the account are executed. In addition, there must be no prohibitions or restrictions on the provision, in particular any legal or regulatory directives, any criminal/administrative order or agreement that excludes or restricts the right to dispose. In addition, inconsistencies between the order data and those of the Bank, as well as the rejection of the transaction by a third party involved in the transfer, may cause delay or blocking in the execution of the payment.

6. Service features
The Bank accepts no responsibility for the functionality and availability of BPS TWINT. In particular, the Bank may update, modify and/or develop the services at any time, as well as partially or fully interrupt, without prior notice, the operation of or access to BPS TWINT.

7. Due diligence obligations
The customer accesses the app with his password (or the chosen biometric authentication means) and his device (hereinafter referred to as "means of legitimation"). In this way, he identifies himself as a legitimate user. The customer is therefore responsible for the use of his/her device and is responsible for all consequences resulting from the use, including misuse, of the BPS TWINT app. He is required to ensure the utmost care that the means of legitimation do not end up in the possession of unauthorized third parties.
The customer has, in particular, the following duties of care:

• The user is obliged to take the necessary measures (e.g. blocking the device or display) to protect his/her device against unauthorized use or tampering. If the user has reason to believe that unauthorised persons have access to the device and/or display lock, the device and/or display lock code must be changed immediately. The password, as well as the codes to unlock the device or the display, must not be disclosed to third parties, nor stored with the device or stored on it.
• If there is reason to assume that unauthorized third parties have become aware of the lock codes or password, the latter must be changed immediately.
• The customer must check the payments made; in particular, he is required to check the account statements immediately after receiving them. Any irregularities, in particular charges resulting from improper use of the app, must be reported to the Bank without delay.

8. Blocking
The customer can request the Bank to block his user or the user he has given to third parties. The user is obliged to request that it be blocked if there are reasonable suspicions of misuse of a device or app. The user account can be unblocked by the Bank at the customer's request.
The Bank has the right to block a user account at any time, without the obligation to communicate and notify the customer in advance in the event of suspected abuse.

9. Deactivation of the service
The customer may terminate the BPS TWINT service at any time. The Bank has the right to terminate the service at any time without notice and without having to give a reason.
10. Exclusion of liability of the Bank
Even by adopting security measures that comply with the most advanced technologies, it is not possible to guarantee absolute security for either the Bank or the customer. Although the user's device is a component of the system, it is located outside the Bank's field of control and can therefore become a weak point in the system. Despite all the security measures adopted, the Bank cannot assume responsibility for the user's device, as it is unable to do so for technical reasons.
The Bank is also excluded from liability for damages incurred by the client if any of the due diligence obligations set out in point 7. “Due diligence obligations” have been breached or ignored.
The customer assumes and the Bank declines all liability in the event of damages resulting from the customer's disclosure of the means of legitimation to any third party. The Bank is also excluded from liability for damages incurred by the customer due to non-compliance with contractual commitments to third parties as well as for indirect or consequential damages, such as unrealized profits or claims by third parties. The customer must contact the Bank immediately in case of loss, theft, abuse or suspicion of abuse.
In the event of deactivation of security structures by installing applications or operating systems that are not officially available (jailbreaking) or tampering with the device (e.g. creating system-wide root access to the device) or installing unauthorized apps, the Bank shall not be liable for any damages. In general, the Bank assumes no responsibility for operations or other acts carried out with apparatus whose protective measures provided by the manufacturer have been reduced or deactivated. Any rights to protection over the information and data transferred remain with the Bank or its suppliers.
The Bank also accepts no liability for any damage that may arise to the customer as a result of technical failures, delays, interruptions of operation or other failures in the transfer and processing of data (including failures at the network operator).
In the event of slight negligence, the Bank shall not be liable for damage caused by its vicarious agents in the course of their activities.

11. Costs
The BPS TWINT app is free to install. For the rest, the prices of the Bank's services apply.

12. Technical failures
The customer is not entitled to compensation for damages in the event of technical faults and operational interruptions that prevent the use of BPS TWINT.

13. Banking secrecy
The customer also acknowledges that the data is transmitted via an open network, freely accessible to all (Internet). Data can be transmitted across borders without being subject to any controls. Although cryptographic protection exists, it does not affect all data. This also applies to the transmission of data between sender and recipient residing in Switzerland. It is therefore possible for third parties to trace the existence of a banking relationship and/or a payment relationship between the customer and the beneficiary.

14. Foreign legislation
The customer acknowledges that by using the App services from abroad, he may, under certain circumstances, violate the legal regulations of the respective country. The user is obliged to inform himself about this.

15. Data protection
With regard to the acquisition, processing and use of client data, the Bank is subject to Swiss data protection legislation. The same applies to TWINT AG, which, as the system operator, is responsible for the management of payments and value-added services. The same data protection principles apply to all providers involved in the operation of the system (e.g. telephone operator).
As part of a P2M payment at a point of sale (POS), the Bank records the total amount of the purchase, the date and time of the transaction and the location of the POS where the purchase is made. The Bank does not receive or transmit any descriptive data regarding the contents of the shopping cart (except in cases where such transmission is expressly regulated).
The Bank does not transmit the customer's personal data to the merchant and/or third parties, except in cases where such transmission is expressly provided for or if the customer has authorized it to do so.
When the BPS TWINT service is activated, the customer's payment data is shared with the external provider responsible for the operation of the TWINT app. The customer is aware of and agrees to this sharing and that his data will be saved for 10 years, according to the applicable legislation.

16. Changes to these terms and conditions
The Bank may modify or update these conditions at any time. Such revisions will be available by publication on the website www.bps-suisse.ch/en/twint.shtmlx. If the customer does not agree with the changes made, he can contact the Bank in order to coordinate the cancellation of the service.