1. General Provisions / Object

Transcription

1 Consent to the Terms and Conditions of Participation for Processing the American Express Meal Allowance Reimbursements of Swisscard AECS GmbH for Employees of Credit Suisse As an employee of one of the companies of the Credit Suisse Group (hereinafter Credit Suisse ) domiciled in Switzerland and a holder of an American Express card issued by Swisscard AECS GmbH (hereinafter Issuer ), I hereby confirm the correctness of the statements made here and declare by selecting the Accept confirmation checkbox that I have read, understood, and accepted the following terms and conditions for processing the American Express Meal Allowance reimbursements (hereinafter Processing ), particularly sections 4, 5, 7, and 9 herein. I authorize the Issuer on the one hand and Credit Suisse on the other to exchange and process information related to me for the following processing purposes, insofar as necessary: For the purposes of checking employee status (including authorization) at Credit Suisse and of managing participation in the Processing, the Issuer can particularly communicate to Credit Suisse my first name, last name, date of birth, address, and Credit Suisse employee number (hereinafter PID ) as well as the amount of the monthly collective credit, and Credit Suisse can particularly communicate to the Issuer my first name, last name, date of birth, my PID, the maximum amount of the monthly collective credit, leaving date/retirement date at Credit Suisse, status as an active employee of Credit Suisse, and with which Credit Suisse company the employment relationship exists. Terms and Conditions of Participation for Processing the American Express Meal Allowance Reimbursements by Swisscard AECS GmbH for Employees of Credit Suisse 1. General Provisions / Object 1.1. These Terms and Conditions of Participation (hereinafter Terms and Conditions ) shall apply to the processing of the American Express Meal Allowance reimbursements (hereinafter Processing ) of Swisscard AECS GmbH (hereinafter Issuer ). The Processing shall be made available to the authorized employees of the companies of the Credit Suisse Group domiciled in Switzerland (hereinafter Employer ) Authorized employees of the Employer are deemed to be all employees who are in an employment relationship with one of the Group companies of the Employer on the list published on the Issuer s website and who were designated by the Employer to the Issuer as authorized for Processing pursuant to section 2.3 of these Terms and Conditions (hereinafter Client ) The Processing allows registered Clients a retroactive credit on specific transactions at activated American Express points of acceptance in Switzerland up to a maximum amount per Client (hereinafter Reimbursement ). This requires use of an active American Express principal card issued by the Issuer that is maintained in the Client s private card account at the Issuer specified upon registration pursuant to section 2.2 and in the name of the Client.

2 1.4. These Terms and Conditions are valid in addition to the other applicable regulations governing the contractual relationship between the Issuer and the Client, especially the currently applicable Terms and Conditions for Charge Cards and Credit Cards of Swisscard AECS GmbH (hereinafter GTCs ; available at: In the event of conflicting provisions, these Terms and Conditions shall take precedence over the GTCs. 2. Registration 2.1 In order to benefit from the Reimbursement, the Client must register for the Processing in advance. Client registration occurs on the Issuer s website intended for this purpose (hereinafter Landing Page ). 2.2 The Client registers on the Landing Page with the data required by the Issuer (e.g., PID, date of birth, card account number, address, etc.). After registration, a corresponding confirmation message will be displayed to the Client. Registration can be made dependent upon use of SwisscardLogin or another type of authentication. 2.3 The Issuer will compare the data pursuant to section 7.2 with the Employer for the purpose of reviewing the Client s authorization for the Processing at the Employer and for managing participation in Processing. The Client is only successfully registered when the Client has been confirmed by the Employer to the Issuer as an authorized employee. 3. Use 3.1 The terms and conditions of Reimbursement (e.g., the maximum amount of Reimbursement per Client) and the information on the American Express points of acceptance activated for Reimbursement can be found on the Landing Page. 3.2 The individual Reimbursements within a calendar month will be collected and credited to the Client as a collective credit. The collective credit will be posted in the following month. 3.3 The Issuer will compare the data pursuant to section 7.2 with the Employer at least once per month for the purpose of reviewing the Client s employee status (including authorization) at the Employer and for managing participation in Processing. 4. Fees 4.1 The Client will not be charged for using Processing. This does not apply to the fees in connection with use of the credit card pursuant to section 4 of the GTCs and the corresponding table of fees, or to fees for any other services obtained from the Issuer. 4.2 The collective credit pursuant to section 3.2 will be financed for the Issuer by the Employer. 5. Exclusion of Liability

3 5.1 The Issuer and Employer are not liable for all American Express points of acceptance in Switzerland or all dealers who display an American Express logo accepting the American Express card for Reimbursement. 5.2 The Issuer and Employer are likewise not liable for technical failures or disruptions in the payment infrastructure that may prevent use of the American Express card and consequently the Reimbursement for the desired transaction. 5.3 The Issuer and Employer assume no liability for timely activation of individual points of acceptance. In addition, they assume no liability when certain points of acceptance fall within a different point of acceptance category than the one published by the Issuer on the Landing Page as permitted for Reimbursement, and Reimbursement is not possible for this reason. Moreover, the Issuer and the Employer assume no liability when certain points of acceptance erroneously fall within the point of acceptance category published by the Issuer on the Landing Page as permitted for Reimbursement. 5.4 Moreover, reimbursement is restricted to points of acceptance that are contractual partners of the Issuer. The Issuer and Employer therefore assume no liability if Reimbursement is not possible because a point of acceptance is not a contractual partner of the Issuer. 5.5 Establishment of employee status (including authorization) shall be the sole responsibility of the Employer. The Issuer assumes no liability for Reimbursements wrongly obtained or not made possible (e.g., due to withdrawal of authorization by the Employer; due to new entrants who could not be processed in a timely manner, etc.). 5.6 The Issuer further assumes no responsibility for the treatment of Reimbursement under tax and social insurance law. Clarification regarding the treatment of Reimbursement under tax and social insurance law shall be the sole responsibility of the Client or the Employer. Any taxes and social security contributions accruing shall be paid by the Client or the Employer. 5.7 Subject to the reservation of legal or contractual liability for damage caused by gross negligence or wrongful intent, the Issuer and Employer exclude any and all liability for damages as a consequence of using the Processing and for damages as a consequence of permanent or temporary unavailability of the Processing. 6. Intellectual Property Rights 6.1 All intellectual property rights in connection with the Processing remain with the Issuer or the licensors of the Issuer. The Client receives a non-exclusive, non-transferable, and revocable license to use the services according to these Terms and Conditions. 7. Data Protection and Confidentiality / Communication 7.1 The acquisition, processing, and disclosure of information relating to the Client, namely Client, transaction, and card data, as well as the involvement of third parties by the Issuer shall be based upon section 11 of the GTCs. The data within the meaning of section 11 of the GTCs listed in these terms and conditions can additionally be obtained, processed, and forwarded upon registration and use.

4 7.2 For registration and use of the Processing, data relating to the Client can be exchanged periodically between the Issuer and the Employer for the following processing purposes, insofar as necessary: Review of employee status (including authorization) at the Employer and management of participation in Processing. The Issuer can particularly communicate to the Employer the Client s first name, last name, date of birth, employee number, and address as well as the amount of the monthly collective credit, and the Employer can particularly communicate to the Issuer the first name, last name, date of birth, employee number, maximum amount of the monthly collective credit for the employee, leaving date as employee at the Employer, status as active employee at the Employer, and the Group company of the Employer with which the employment relationship exists. 7.3 The Customer acknowledges that data necessary for registration and use of the service will be transported using an open, publically accessible network (e.g., Internet), among others, and may be transported worldwide. Fundamentally, individual packets will be transmitted in encrypted form. However, the sender and recipient remain unencrypted in all cases. Therefore, third parties could infer the existence of current or future card relationships or other business relationships. Furthermore, even if the sender and recipient reside in the same country, data transfer across such networks frequently also occurs via third countries, i.e. including countries that do not offer the same level of data protection as that offered by the Client s country of domicile. Data may be lost during transmission or may be intercepted, manipulated, and misused by third parties, and the sender s identity may be simulated or manipulated. 7.4 The Client expressly agrees that the Issuer may use electronic means of communication, including the Internet, , and SMS, for the communication with the Client that is necessary within the framework of the Processing. 8. Notice of Cancellation and Termination of the Processing 8.1 The Client can cancel use of the Processing at any time. It will terminate no later than upon withdrawal of authorization by the Employer. Authorization lapses automatically upon termination of the Client s employment relationship with the Employer. 8.2 The Issuer reserves the right to temporarily or permanently restrict or cease operation of the Process for all or for individual Clients or Client groups in whole or in part, at any time and without prior announcement. The Issuer is further entitled to adjust the functional scope of the Processing at any time (to expand or restrict it). In case of an adjustment, further use of the Processing can be made dependent on consent to new or amended Terms of Use.

5 8.3 If a Client notifies the Issuer for the purpose of card blocking and a card is consequently blocked, the Processing will no longer be possible with regard to this card. 9. Amendment of these Terms and Conditions (including the Terms and Conditions of Reimbursement) 9.1 These Terms and Conditions and the Terms and Conditions of Processing may be updated or amended at any time. The current version of the Terms and Conditions and Terms and Conditions of Processing published on the Issuer s Landing Page shall apply. Every change shall be brought to the attention of the Client in an appropriate manner (e.g. by ). The changes shall be regarded as approved in the absence of a written objection within a reasonable period from their announcement, and in any case with the next use of the Processing after the effective date of the change. The Client shall ensure that he regularly reads the current version of the Terms of Use. 10. Contact Information 10.1 The Issuer s contact information is as follows: Company Name and Address: Swisscard AECS GmbH, PO Box 227, 8810 Horgen, Switzerland Website: Applicable law and place of jurisdiction 11.1 Applicable law and place of jurisdiction conform to the regulations of the GTCs. Version 12/2016