Terms and conditions relating to the use of eService

1. Range of Services

Cembra Money Bank AG (hereinafter "Issuer") offers its credit card customers (hereinafter "Card Holders") the possibility of looking at and managing their credit card accounts with the Issuer on line via the eService Portal (hereinafter "eService"). The range of services includes, in particular: being able to access monthly invoices, change address and contact details, receive transaction details by SMS and make use of a mailbox.

2. Email Address

The Card Holder is obliged to notify the Issuer of his/her e-mail address. Notifications sent to the addresses, including e-mail addresses, which have been communicated via eService or sent to the Issuer in writing, are binding. For communications with the Card Holder there is only one valid e-mail address and it is the duty of the Card Holder to keep the e-mail and postal addresses up to date. In other respects, the separate Provisions on the Use of Electronic Means of Communication shall apply as amended from time to time.

3. Mobile Telephone Number

The Card Holder is obliged to notify the Issuer of his/her mobile telephone number. This is required in order to provide the Card Holder with his/her login code (M-Tan) and any other information. The login code and any other information will be delivered to the Card Holder exclusively using the last mobile telephone number made known to the Issuer by way of eService or in writing. It is the Card Holder's duty to notify the Issuer of any change in the mobile telephone number.

4. Mailbox

The Issuer and the Card Holder can send messages to each other by way of the mailbox. As soon as a message is stored in the mailbox it is deemed to have been duly received by the addressee. The time of receipt is deemed to be the time of saving.

It is the Card Holder's responsibility to check the mailbox regularly and read any messages without delay. Irrespective of this, the Card Holder authorises the Issuer to delete messages which are older than 6 months.

The Card Holder acknowledges that messages sent to the Issuer in the normal course of business will be dealt with during normal business hours. The messages are not given special priority. The Card Holder acknowledges and confirms that he/she will not send any messages with time-sensitive content via the mailbox.

5. Binding Force

The monthly invoices made available to the Card Holder via eService are binding save as regards any material errors or miscalculations. The Issuer will notify the Card Holder by email or mailbox when new monthly invoices are available.

Where the Card Holder waives the right to have monthly invoices sent by post, he/she shall be responsible for checking the availability of new invoices by accessing eService. Monthly invoices and any other documents are deemed to have been delivered as soon as they have been made available in eService. Where the invoice amount is not paid on time, the Issuer can, at its own discretion, send reminders either by way of the mailbox or to the last-known email or postal address.

6. Access Requirements

The ability to use eService and thus to access and manage customer data on line and use the mailbox is available to those who can identify themselves to the Issuer by way of a user name, password and any other proof of identity required by the Issuer.

7. Duties of Care

It is the responsibility of the Card Holder to ensure that no-one, other than any additional card holder where applicable, is able to acquire his/her access details. The Card Holder must ensure that the access details are protected from unauthorised acquisition. The Card Holder is also required to change his/her password regularly and to refrain from writing it down.

8. Security/Liability

eService is protected by suitable cryptographic technology and security certificates. It is not, however, possible to guarantee comprehensive security. In particular, the Card Holder's computer terminal is outside the control of the Issuer. It the Card Holder's responsibility to take appropriate measures for ensuring the best possible protection for his/her computer terminal (e.g. up-to-date virus protection, firewall, security updates). The risk of unauthorised interception or hacking of his/her data shall be borne by the Card Holder insofar as the Issuer has used the customary level of care. The Issuer rejects all liability in this regard. The Issuer also accepts no liability for loss incurred by the Card Holder as a result of transmission errors, careless handling of proof of identity pursuant to Clause 7 above, technical defects, overloading, interruptions (including system-related maintenance work), disruption and unlawful intervention or due to the transfer of data via unprotected channels of communication, in particular email and SMS. The Issuer urges the Card Holder never to disclose his/her user name, password, account number or card number by email or SMS.

9. Blocking/Termination/Other Provisions

The Issuer is entitled to block access to eService at any time without warning, without stating the reasons and without prior cancellation. The foregoing provisions on the use of eService may be cancelled at any time by the Card Holder. Where the Card Holder fails, in the notice of cancellation, to refer explicitly to the Provisions on the Use of Electronic Means of Communication, these shall continue to apply. The Issuer reserves the right to change these provisions at any time. Such changes will be communicated to the Card Holder by suitable means (e.g. letter, email, mailbox or publication in eService) and are deemed to have been accepted if the Card Holder does not object within a time limit of 30 days. In other respects the General Terms and Conditions applicable to the respective card shall apply and, in the event of contradictions, shall take precedence over these provisions.

The place of jurisdiction for all disputes in connection with these conditions of use shall be Zurich 1. Swiss law applies.

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