Legal disclaimer

1.     E-banking services

In order to obtain access to E-banking services, the client must sign a special authorisation.

The E-banking services offered by the Bank are outlined in the E-banking description pages. The Bank reserves the right to change the services at any time.

 

2.     Access to E-banking services

2.1 The client or authorised person (hereinafter referred to as the "E-banking user") shall access E-banking services via the Internet using the provider selected by the user.

 

2.2 Users may access E-banking services, identifying themselves by inputting their:

  • E-banking user number
  • individually selected personal code (figures, letters or combinations of both)
  • security codes, required by the system (printed on the user’s card or SMS code).

 

2.3 The Bank shall consider authorized to use E-banking services any person who has identified himself in accordance with section VI.2.2. The Bank may thus, without further verification of their authorisation, permit such persons to consult via E-banking the accounts/custody accounts or to accept orders and communications, irrespective of the internal legal relationship existing between the Bank and the client and without having to comply with registrations diverging from those in the Commercial Register, publications of a different type or different regulations

 

3.     Duty of care of the E-banking user

3.1 E-banking users are required to change the initial code allocated by the Bank immediately, and to change their personal codes on a regular basis. The personal code must not be an easily identifiable alphanumeric combination (e.g. telephone number, date of birth, license plate, etc.).

 

3.2 The E-banking user shall keep his/her personal code and his/her card with security codes secret, protecting them from fraudulent use by unauthorised persons. In particular, it is prohibited to write down the personal code after it has been changed. The client shall assume all risks deriving from the use, including the fraudulent use, of the client's identification criteria or those of the client's representatives or other authorised persons.

 

3.3 If there are grounds for suspecting that unauthorised third parties have gained access to the personal code and/or the security codes printed on the user's E-banking card, the user shall immediately change the personal code and, where appropriate, request a new card from the Bank.

 

3.4 The client shall be fully responsible for ensuring that the client's representatives and authorised persons also comply with the above obligations.

 

3.5 The E-banking user shall be required to verify the accuracy and completeness of the data it inserts. The client shall remain liable for data transmitted by the user.

 

3.6 In order to minimise the risks deriving from the use of the Internet, the E-banking user shall use all appropriate means of protection, such as anti-virus programmes.

 

4.     Execution of orders/instructions

4.1 The client shall acknowledge without reservation all transactions booked in the accounts/custody accounts that are transacted via E-banking without written orders, based on the client's identification criteria or those of their representatives.  Similarly, the Bank shall consider all the instructions, orders and communications transmitted via the Internet to be prepared and authorised by the E-banking user.

All activities carried out on the basis of appropriate identification shall be attributed to the relevant client and shall therefore constitute binding declarations.

 

4.2 An order registered in E-banking cannot be executed 24 hours a day. The execution depends on the correct functioning of the technical service, the Bank's hours (can be viewed in E-banking) and, for stock market transactions, on the trading days of the market and the trading hours of the correspondent stock markets.

 

5.     Stock market transactions

The client is aware that the Bank does not provide any type of advice for the stock market transactions carried out via E-banking, and that the Bank does not check if such transactions are in line with any agreed investment objectives.  The E-banking user hereby acknowledges that the brochure “Specific risks in securities trading”, which sets out the characteristics of, and risks involved in, financial products, is available on the Bank's official website, and confirms that E-banking user is aware of practices in stock market transactions and understands in particular the structures and risks entailed in individual transactions types.

 

6.     Provisions regarding the use of E-banking by representatives  or authorised third parties

6.1 Opening of the E-banking service by the client grants automatic access to E-banking services for those persons authorised to manage the account, based on the limits of the powers conferred in the forms deposited with the Bank.

The right of access of authorised persons shall not expire with the death or the legal incapacity of the account holder, or following changes in the Commercial Register.

 

6.2 Cancellation of the signing authority shown in the signature documents deposited by the client shall automatically result in cancellation of access to E-banking.

 

7.     Blocking

7.1 The E-banking user may block their access to E-banking services upon request to the Bank. This block may only be revoked with their consent in writing.

 

7.2. The system will automatically block access to E-banking services if incorrect identification (personal code or identification number) is entered three times consecutively. The E-banking user may request removal of the automatic block by telephoning the Bank's E-banking support service.

 

7.3 Where it deems necessary, the Bank shall have the right - at any time and without providing the reasons or advance warning - to block the E-banking user's access to certain or all E-banking services. The Bank shall not be liable for any losses arising from such interruption.

7.4 The client shall be liable for the risk of the electronic media being used before the block comes into effect, which shall be carried out within the time frame customary in business.

 

8.     Electronic documents

8.1 The client accepts the electronic format as the form in which documents and bank statements are to be sent, and must set their preferences for sending such documents and statements on their E-banking profile.

 

8.2 Electronic documents are not always accepted as evidence in relations with national and foreign authorities. In this case, the client may order the same document in paper form at any time.

 

8.3 The sending of documents to the electric mailbox on E-banking fulfils the Bank's reporting and communication obligations.

The Client shall be responsible for the fulfilment of any legal provisions, in particular regarding the contents, filing and storage of the electronic documents.

 

8.4 The electronic documents shall remain available in E-banking for at least two years. On the expiry of this deadline, the Bank reserves the right to remove them.

 

9.     SMS Banking

9.1 In activating the SMS Banking service, the client expressly accepts that SMS messages will be sent, and acknowledges that such messages may also contain personal information.

Transmission takes place solely via unencrypted channels and may become cross-border, even if the sender and the recipient are located in Switzerland. The transmission is not controlled.

 

9.2 The Bank reserves the right to interrupt or suspend the SMS channel at any moment, particularly where it recognises a risk to data security.

 

10.   Exceptions to the Bank's liability

10.1 The Bank shall not assume any liability for the accuracy or completeness of the E-banking data it transmits, save as regards electronic documents. In particular, information concerning accounts and custody accounts (balances, statements, transactions, etc.), as well as information that is accessible to everyone, shall be provisional in nature and non-binding. E-banking communications do not constitute binding offers, unless they are expressly designated as such.

 

10.2 The Bank shall be released from any liability for transactions that are not executed or are executed late and for the related loss, save in the case of gross negligence on the part of the Bank.

 

10.3 The Bank shall not assume any liability in respect of the E-banking user's terminal equipment, or the technical components and software.

 

10.4 E-banking transactions are carried out on an open network via the Internet. The Bank shall not be liable for any loss or damage arising from the use of the Internet. This also applies in respect of any software supplied by third parties and supported by the Bank

 

10.5 E-banking operations are provided via telecommunications equipment which is not subject to particular protection measures (telephone network, Internet network etc.). The Bank shall not accept any liability for losses incurred by the E-banking user following transmission errors, technical faults, interruptions, disturbances, faults or illegal interventions in the telecommunications equipment, save in the case of gross negligence.

 

10.6 The Bank shall be explicitly released from any liability for losses linked to breaches of contract by the E-banking user, as well as from indirect loss, such as the loss of profits and third party claims.

 

10.7  In the case of minor misconduct, the Bank shall not be held liable for losses caused by ancillary persons in the exercise of their duties.

 

11.   Banking confidentiality/data protection

11.1 The client acknowledges that Swiss law (in relation to banking confidentiality and data protection, for example) is valid only on Swiss territory and that all data reaching other countries shall therefore no longer be protected by Swiss law.

 

11.2 The client is also aware that data is transferred via the Internet, which is a network open to all. The transmission of data is therefore cross-border, takes place regularly and not subject to controls. This also applies to the exchange of data where both sender and recipient are in Switzerland.

Even if individual data packets are transmitted in encrypted form, the sender and the receiver are identifiable and may be intercepted by third parties as well, who are thus able to deduce that a banking relationship exists.

 

12.   Risks

Due to encryption, it is fundamentally impossible for an unauthorised person to view confidential data on a client's account. In spite of all the security measures incorporated in cutting-edge technologies, the Bank is unable to guarantee total security. The E-banking user's computer and network are part of the E-banking system. These are outside the Bank's field of control and may constitute a weak point in the system.

 

In particular, the client acknowledges the following risks:

  • Insufficient knowledge of the system and inadequate security measures may facilitate fraudulent access to the system (for example, saving data on hard disks that are not sufficiently protected, transferring files, etc). The E-banking user is responsible for finding out about the necessary security measures.
  • It is essential that the E-banking user runs software from reputable sources.
  • When using the Internet, there is a latent risk of viruses spreading in the computer of the E-banking user which is in contact with external systems. Virus scanning may be useful to the E-banking user as part of the user's security measures. It is the client's responsibility to find out about all the tools available to the user to reduce risks as far as possible.
  • There is one feature of the data exchange from the Internet provider to the E-banking user that it is not possible to prevent: the provider is able to verify when the E-banking user is in contact with whom.
  • Third parties may be able to access the E-banking user's computer when the Internet connection is active, without being noticed.
  • The speed of Internet use is not guaranteed. In particular, the following may occur: transmission errors, technical disturbances, interruptions, illegal interference and overloads.

 

13.   E-mail

The client acknowledges the fact that data transmitted by e-mail is not protected, and that the Bank will never ask the client to insert their identification data for the E-banking service in an e-mail.

 

14.   Foreign legislation

14.1 Restrictions on imports and exports

If the E-banking user uses E-banking from abroad, the user should be aware that there may be restrictions on the import and export of encryption algorithms, which may hinder the use of E-banking.

 

14.2 Relations with other countries

The E-banking user acknowledges that in certain circumstances the use of E-banking from abroad may be in breach of foreign laws. It is the responsibility of the E-banking user to find out about this, and the Bank shall not assume any liability in this regard.

 

15.   Foreign legislation

The E-banking channel, as well as the related users, may be closed at any moment by either of the parties by giving notice in writing. The client shall send the notification to the registered office of the Bank.