SPUERKEESS

Transcription

1 Terms and conditions for the use of payment cards linked to ZEBRA and axxess UNIF accounts and other retail products of Banque et Caisse d'epargne de l'etat, Luxembourg TABLE OF CONTENTS I. TERMS AND CONDITIONS FOR VISA AND/OR MASTERCARD CARDS 2 1. DEFINITIONS 2 2. CARD BENEFITS 2 3. CARD ISSUANCE 2 4. ANNUAL SUBSCRIPTION AND REPLACEMENT FEES 2 5. PERIOD OF VALIDITY 2 6. RECORDING AND TRANSMITTING OF PERSONAL DATA 2 7. MULTIPLE CARDS 2 8. TRANSACTIONS MADE USING THE CARD 3 9. PROOF OF TRANSACTIONS MADE USING THE CARD PIN CREDIT LIMIT ACCOUNT STATEMENT CARD ACCOUNT PAYMENT METHODS INSUFFICIENT FUNDS LOSS OR THEFT RECORDING OF TELEPHONE CONVERSATIONS TERMINATION OF THE CONTRACT GENERAL PROVISIONS TERMINATION BY THE HOLDER TERMINATION BY THE ISSUER CHANGES TO THE TERMS AND CONDITIONS FOR VISA AND/OR MASTERCARD CARDS CHANGES TO THE TERMS AND CONDITIONS FOR VISA BUSINESS AND MASTERCARD BUSINESS CARDS APPLICABLE LAW - JURISDICTION 4 II. TERMS AND CONDITIONS GOVERNING THE USE OF THE DEBIT CARDS axxess AND S-CARD TOP AND RELATED ELECTRONIC SERVICES 4 1. SERVICES DESCRIPTION 4 2. SECURITY RULES/DUTIES OF DILIGENCE 4 3. FEATURES OF THE axxess CARD axxess CARD LIMITS 5 4. FEATURES OF THE S-CARD TOP CARD S-CARD TOP CARDS LIMITS ATM WITHDRAWALS PAYMENTS AT POS TERMINALS 5 5. PAYMENTS AT NFC TERMINALS 5 6. TRANSACTIONS EXECUTION AND PROOF OF THE TRANSACTIONS FEE STRUCTURE 5 7. ADDITIONAL S-BANK SERVICES TRANSFERS ELECTRONIC ACCESS TO SAVINGS PRODUCTS 5 8. CHANGES 5 9. TERMINATION OF THE CONTRACT GENERAL PROVISIONS TERMINATION BY THE HOLDER TERMINATION BY THE BANK APPLICABLE LAW AND COMPETENT JURISDICTION 6 III. TERMS AND CONDITIONS OF USE FOR 3D SECURE 6 1. ACTIVATION OF THE 3D SECURE SERVICE 6 2. USE OF THE CARD AND AUTHORISATION 6 3. DUTY OF CARE 6 4. PROCESSING OF PERSONAL DATA 6 5. RESPONSIBILITY 7 6. CHANGES OF THE PRESENT TERMS AND CONDITIONS 7 7. TERMINATION 7 8. APPLICABLE LAW AND COMPETENT JURISDICTION 7 SPUERKEESS page 1 of 7 of the document dated November 17, 2016

2 I. TERMS AND CONDITIONS FOR VISA AND/OR MASTERCARD CARDS 1. DEFINITIONS Article 1: The following definitions apply under these Terms and Conditions: - "card", the personal credit card ("VISA" or "MasterCard") or the business credit card ("VISA BUSINESS" or "MasterCard BUSINESS"); - "SIX Payment Services", the société anonyme SIX Payment Services (Europe) S.A., with its head office in L-5365 Munsbach, 10, rue Gabriel Lippmann, a service company, which the issuer has entrusted with the management of its cards; - "verification code", the additional code the cardholder must input when using the card over telematics services. In the MasterCard network, this verification code is referred to using the acronym "CVC2" ("Card Validation Code"). In the VISA network, this verification code is referred to using the acronym "CVV2" ("Card Verification Value"). - "merchant", the person authorised to accept transactions made by card; - "card account", the account opened in the name of the cardholder, managed by SIX Payment Services for the issuer and which details the amounts due as a result of transactions made using the card and, where appropriate, the amounts received by credit transactions carried out for this account; - "current account", the bank account debited when one or several cards are used as a payment means or the bank account credited with the amount corresponding to the credit balance of the card account at the date of the account statement and/or to the bank note(s) deposited by the cardholder at an ATM and verified as authentic; - "annual subscription", the flat fee connected to the issue and use of the card; - "exchange rate", the rate applied to transactions requiring currency conversion. This rate comprises the daily rate for VISA or MasterCard, plus an exchange fee applied by the issuer and published on the website in the Payment card fees section; - "issuer", Banque et Caisse d'epargne de l'etat, Luxembourg (hereinafter called "BCEE" or "the Bank"); - "ATM", an automated teller machine; - "NFC" (Near Field Communication), a technology that allows a cardholder to carry out payment transactions on an NFC terminal, without having to insert the card into a terminal, i.e. without physical contact of the card with the terminal, with or without the entry of the personal secret code. The NFC function is activated when the first transaction is carried out in online mode by inserting the card in the POS terminal or ATM and entering the PIN. The account holder may request from the Bank the deactivation and subsequently the reactivation of the NFC feature. Deactivation of the NFC function is only effective for the card in circulation. If the card is renewed or replaced, a new request must be made to the Bank; - "NFC terminal", electronic payment terminal integrating the NFC function, therefore not requiring the insertion of the card to perform an NFC transaction, and identified as such on the terminal or in the immediate vicinity; - "NFC transaction", "contactless" payment transaction made with NFC technology on an NFC terminal; - "PIN" (Personal Identification Number), the personal and confidential secret code whereby the cardholder can be authenticated; - "POS", the point of sale - "account statement", the statement of the card account rendering payable the amount indicated on the stated date; - "telematics services", remote financial services enabling the cardholder to make payments and purchases of goods and services remotely; - "cardholder", the natural person in whose name the card has been issued; - "account holder", the natural or legal person(s), who is (are) the holder(s) of a current account for personal or business use with the issuer, from which expenditure made using the card is debited, or to which are credited the amounts deposited at an automated teller machine of the issuer; - "use of the card", use made by the cardholder using the card and holographic signature of a slip at a merchant or company affiliated to the VISA and/or MasterCard networks, or transaction validation using a PIN, for telematics services, by the cardholder communicating the card number and, where applicable, the verification code, deposit at an ATM, using of the card at an NFC terminal to perform a NFC transaction; - "deposit at an ATM", deposit of bank notes by the holder of a personal card at an ATM of the issuer, followed by the credit to the current account of the amount corresponding to the deposited authenticated bank notes. 2. CARD BENEFITS Article 2: (1) The card provides the holder with the possibility of paying for products and services offered by merchants and companies affiliated to the VISA and/or MasterCard networks using the card and (a) the holographic signature of a slip presented by the affiliated merchant or company, or (b) transaction validation using a PIN. (2) The cardholder can also withdraw cash at certain bank branches or ATMs abroad or at ATMs in Luxembourg by presenting the card and making a holographic signature on a sales slip or using the PIN. (3) The card also provides its holder with the possibility of paying for products and services offered by merchants and companies affiliated to the VISA and/or MasterCard networks using telematics services by communicating the card number and, if needs be, the verification code. (4) The cardholder can only perform NFC transactions on NFC terminals. Depending on the amount of the transaction and the number of executed NFC transactions, inserting the card and/or the use of the PIN may be required. (5) At some of the issuer s dedicated ATMs the cardholder can input his/her PIN and deposit bank notes up to the authorised deposit limit indicated during handling of the transaction. (6) The range of functions above may be amended in the future. Article 3: Neither the issuer nor SIX Payment Services are liable for the acts and failures of the affiliated merchants and companies at which the card has been used; in particular, they assume no responsibility for a merchant or company refusing to accept the card as a means of payment. 3. CARD ISSUANCE Article 4: (1) The issuer provides a card to those applicants which it has approved. The card may be delivered by post. The PIN will be sent in a separate letter. The card issued is a personal card and cannot be transferred. It should be signed on the back by its holder immediately upon receipt. The holder is responsible for the card and has the right to use it in accordance with the Terms and Conditions in force at the time of use. (2) The issuer remains the owner of the card. 4. ANNUAL SUBSCRIPTION AND REPLACEMENT FEES Article 5: (1) The card is issued against an annual subscription, of which the cardholder is informed. This subscription is debited from the current account. (2) If the card is replaced, the holder must pay the related charges. This also applies to any urgent request for a credit card. 5. PERIOD OF VALIDITY Article 6: The card remains valid until the last day of the month in the year indicated. A new card will be delivered to the holder on expiry of the previous card s validity, unless renewal is refused by the issuer or written termination is sent by the cardholder or account holder to the issuer two months before expiry of the previous card. The holder must ensure that the expired card is destroyed. 6. RECORDING AND TRANSMITTING OF PERSONAL DATA Article 7: (1) SIX Payment Services is authorised to manage the personal data of the cardholder on behalf of the Bank and the cardholder. In order to ensure that the card functions within the network and to prevent, detect and analyse fraudulent transactions, cardholders and account holders authorise the issuer and SIX Payment Services to transmit to third parties, namely any licensed company (VISA/MasterCard) and group members, all banks and merchants participating in the international VISA/MasterCard system, to card manufacturers and embossers and to international clearing and authorisation services, as well as to companies managing card-related insurance, personal data relating to the card and account holders and to the limit granted on use of the card, to the extent that the provision of this data is essential. (2) The issuer is authorised to verify the financial and personal data provided by the card applicant. (3) Presentation of the card by the cardholder means that he/she consents to, and authorises (I) the collection, conservation and communication of identification details and information on the account position by all means necessary to enable the issuer to keep appropriate transaction and account statements; (II) this data being made available and transmitted to participants and operators of the network for payments by payment card; (III) such participants and operators of the network for payments by payment card keeping such information and data, such participants and operators of the network for payments by payment card having committed to respect the laws and regulations related to the handling of information, to which they are subject. (4) The issuer and SIX Payment Services accept no liability for the loss of information being transmitted via the network for payment by payment card, except in the event of serious misconduct on their part. The issuer and SIX Payment Services are not liable for the loss of information contained in the account statements. It is the responsibility of the cardholder not to lose any information. 7. MULTIPLE CARDS Article 8: Cards for personal use: upon request from the account holder, the issuer can provide additional cards for other persons who are then authorised to use these cards by debiting the current account of the holder. In this case, the account holder authorises the issuer to send the card account statements to the card holder(s). Upon request, the account holder can receive a copy of the card account statement sent to the cardholder. The account holder will be charged for this service. page 2 of 7 of the document dated November 17, 2016

3 Cards for business use: for cards for business use, the account holder or any person authorised by the account holder receives a global statement for the cards provided and, if required, upon request, an individual statement by cardholder. These statements are sent to the business address. 8. TRANSACTIONS MADE USING THE CARD Article 9: (1) Each time a card is used to make purchases, obtain services or withdraw money, the cardholder must sign a sales slip or an advance slip. (2) The holographic signature of the cardholder may be replaced by the use of a PIN, or for telematics services, by communicating the card number. (3) The cardholder agrees and acknowledges that his consent for an NFC transaction is given when passing the card on the NFC terminal. (4) When the card is used as a means of payment or to withdraw money, or in a transaction of the type "deposit at an ATM", the recorded data represents proof of the transaction. The slip given is for the information of the cardholder only. Article 10: (1) Communication of the card number for telematics services, or signature of the slip, or input of the PIN means that the cardholder recognises a debt to the merchant or financial institution advancing the money. The debt is acquired by the licensed companies VISALUX S.C. or EUROPAY S.C. or any company replacing them, which is a licence holder for cards, which then pays the merchant or financial institution. The issuer then acquires the debt by paying the relevant licensed company. (2) The account holder gives an irrevocable order to the issuer to debit his/her current account with all amounts due as a result of use of the card or pursuant to the present Terms and Conditions. In principle, the current account is debited in the days following dispatch of the account statement, dependent on the payment method chosen. In the event of a credit balance on the card account when the account statement is sent, this balance is automatically transferred to the current account. The transaction date shown on the account statement corresponds to the time the payment order was received. (3) Each cardholder is jointly and severally liable with the account holder for the payment due as a result of the use of their card, even in the event of improper use, subject to the provisions of Article 18, or pursuant to these Terms and Conditions. (4) The cardholder cannot oppose payment of the slips bearing his/her signature or established as a result of the use of his/her PIN or payment made via telematics services by providing the card number. If the slip is not properly signed by the cardholder, this cardholder and the account holder are nonetheless jointly and severally liable for payment of the amounts debited from the card account on the basis of the slip produced using the card. (5) The issuer is a third party in litigation between the cardholder and the affiliated merchant or company. Existence of any such litigation does not discharge the account holder of the duty of repaying the amounts he/she owes to the issuer resulting from use of the card. (6) The amount of any credit note signed by the merchant will be credited to the card account of the cardholder. 9. PROOF OF TRANSACTIONS MADE USING THE CARD Article 11: (1) Use of the card together with the PIN constitutes proof of an instruction given by the cardholder to the issuer to debit his/her card account with the amount of the transaction, irrespective of the amount involved, on the same basis as if this instruction had been given in writing by the cardholder. The cardholder cannot contest the debiting of his/her card account by the issuer of the known amount of the transaction following presentation of the card used in conjunction with the PIN. (2) Use of the card by providing the number of the card via telematics services constitutes proof of an instruction given by the cardholder to the issuer to debit his/her card account with the amount of the transaction, irrespective of the amount involved, on the same basis as if this instruction had been given in writing by the cardholder. The cardholder cannot contest the debiting of his/her card account by the issuer for the known amount of the transaction following communication of the card number. (3) Use of the card in conjunction with the PIN and the deposit of bank notes, as part of a deposit at an ATM, represents an instruction given by the cardholder to credit the current account with the amount corresponding to the notes deposited and authenticated, as indicated on the deposit receipt provided to the cardholder when the transaction is made. The cardholder and the account holder accept that the deposit at an ATM is made in accordance with the rules of operation indicated at the time of transaction. Neither the cardholder nor the current account holder can contest the credit to the current account of the amount corresponding to the authenticated notes accepted on the deposit receipt. (4) The parties agree to exclude the provisions of Article 1341 of the Civil Code in the event of litigation and to allow proof of all transactions by all pleas in law admitted in trade matters, including testimonies and confessions. The electronic record of transactions held by SIX Payment Services/the issuer or any other party represent sufficient proof of the transactions and have the same probative value as a written document. 10. PIN Article 12: The PIN is sent to the cardholder in a printed letter in which it is hidden by a patch. The print-out should be destroyed once the cardholder has memorised the PIN. The PIN is personal and cannot be transferred. The holder is responsible for his/her PIN; it should not be noted on the card or on any document held with the card or accessible to a third party. The PIN should not be communicated to a third party. The holder can change the PIN at any time. 11. CREDIT LIMIT Article 13: (1) The cardholder is not authorised to exceed the credit limit granted by the issuer and communicated to the account or cardholder. (2) NFC transactions can only be carried out in compliance with the limit set up by the NFC terminal. In case the amount of the transaction exceeds this limit, the card holder must insert his card into the terminal and enter his PIN to be able to perform this transaction. In all circumstances, the cardholder must comply with the instructions that appear on the NFC terminal. (3) The issuer reserves the right to suspend use of the card partially or fully, for good reasons, in particular: - if the accounts of the account holder are closed or blocked or if the cardholder or account holder does not respect his/her legal, regulatory or contractual obligations concerning the services offered; - in order to safeguard the interests of the cardholder or the account holder or the issuer; - if the cardholder or account holder alerts the issuer to the (risk of) abusive or unlawful use of the services offered; - during the period of notice of termination; - if fraud or abusive use is noted by the account holder or cardholder or if there is strong suspicion of fraud or abuse; - upon the request of a judicial authority. The issuer will inform the account holder and/or the cardholder of the suspension via the appropriate channels. 12. ACCOUNT STATEMENT Article 14: (1) Where card transactions have been made, a card account statement is sent to the cardholder at least once a month. This statement shows the transactions made since the last statement by the cardholder using the card, based on the slips and computer files provided to SIX Payment Services. It also shows details of all fees and, where appropriate, credit transactions to the card account. (2) The cardholder or account holder can request reimbursement of a transaction made using the card initiated by or via the beneficiary of the payment, provided that: - the card used was not a VISA BUSINESS or MasterCard BUSINESS card; - the transaction had been authorised and the authorisation did not indicate the exact amount of the transaction when given; - the transaction amount exceeded the amount the cardholder or account holder could have reasonably expected taking into account the profile of his/her previous expenditure, the conditions foreseen by the provisions of these Terms and Conditions and circumstances relevant to this case; - the cardholder or account holder did not give his/her consent to execution of the payment transaction directly to the issuer and that this consent was not given based on information received by the holder more than four weeks prior to the expiry date; - the request for repayment was presented by the cardholder or account holder within eight weeks of the date on which the funds were debited. (3) The account holder, respectively the card holder, may only contest items included on the statement in accordance with the relevant provisions in the Terms and Conditions of the issuer. 13. CARD ACCOUNT Article 15: (1) The amount of all sales slips or advance slips resulting from use of the card is debited from the card account of the cardholder. (2) Interest expense and fees are also deducted from the stated account. (3) Among others, the following are credited to the account: - additional repayments as described in Article 16, - corrections. (4) For any cash withdrawal, the statement shows the administrative charges and fees demanded by the body advancing the funds, in addition to the amount withdrawn. (5) Foreign currency transactions are converted into euros at the exchange rate prevailing on the day of transaction processing by the body responsible for international clearing of the various card systems. An exchange fee, indicated on the website in the section Payment card fees is applied by the issuer to the exchange rate. 14. PAYMENT METHODS Article 16: The account holder has two available payment options (depending on the product); he/she can choose a different option during the period of validity of the card with the issuer s agreement. For a business card only Option 1 (see description below) applies. Option 1: the account holder gives an irrevocable order to the issuer to debit the full amount shown on the statement from the current account. In this case no interest is charged. Option 2: the account holder gives an irrevocable order to the issuer to debit the minimum amount required by the issuer from the current account, prior to the deadline shown on the statement, without prejudice to the provisions of Article 17. In this case, page 3 of 7 of the document dated November 17, 2016

4 (a) The outstanding balance due is charged interest at the rate communicated to the holder when the card was provided and is debited from the card account. (b) The account holder may make additional repayments at any time by crediting the account shown on the statement. Additional repayments recorded up until the date shown on the statement will be taken into account in full when calculating interest for the following month. Additional repayments recorded subsequent to the deadline indicated on the statement will be taken into account from the value date communicated by the issuer to SIX Payment Services. (c) In accordance with Article 13, any amount exceeding the credit limit is payable immediately and will be debited from the current account. 15. INSUFFICIENT FUNDS Article 17: In the event of insufficient funds on the current account to cover the minimum amount payable by the deadline indicated on the account statement, the issuer can withdraw the card(s) issued on the account without notice and block any future use by the cardholder. The issuer can alert affiliated merchants and companies and licensed companies of this decision, requesting them to reject the card. In this case, the total amount due on the card account figuring on the statement becomes immediately payable and is debited from the current account. 16. LOSS OR THEFT Article 18: (1) In the event of loss or theft of the card or disclosure of the secret PIN, even if unintentional, the holder must immediately inform SIX Payment Services by telephone (+352) (service available 24 hours a day). The holder must confirm this declaration in writing as soon as possible and notify the police of the loss, theft or fraudulent use within 24 hours. Proof of this report to the police must be provided to the issuer or SIX Payment Services on a timely basis. (2) In the event of fraud or gross negligence by the cardholder, in particular if the security rules listed in Article 12 of these Terms and Conditions have not been respected, the cardholder and the account holder remain jointly and severally liable for use of the card even after the statements have been made in compliance with subsection (1) of this Article. (3) If the holder finds the card after reporting its loss, the card can no longer be used and should be returned to the issuer or SIX Payment Services. The same procedure applies if the cardholder is aware that the PIN is known by a third party or suspects this to be the case. Blocking the card results in the automatic issue of a new card at the expense of the account holder. 17. RECORDING OF TELEPHONE CONVERSATIONS Article 19: The account holder authorises the issuer and SIX Payment Services to record all telephone conversations for the purposes of security and proof. The parties agree that the recorded conversations may be used in legal proceedings, and have the same probative weight as a written document. 18. TERMINATION OF THE CONTRACT GENERAL PROVISIONS Article 20: (1) The issuer, the account holder and cardholder can terminate the contract at any time and without providing reasons. (2) The total debit amount on the card account becomes payable immediately upon termination and will be debited from the current account. In addition, the account holder is liable for all transactions not yet debited from the card account at the time of termination. Termination before expiry does not stop the accrual of contractual interest and does not give the right to any reimbursement, even partial, of the annual subscription paid TERMINATION BY THE HOLDER Article 21: (1) If the account holder or the cardholder terminates the contract, a notice period of one month must be respected and termination must be made by recorded delivery letter or by a written statement deposited with one of the issuer s tellers. The card must be returned to the issuer. Termination only becomes effective once the holder has returned the card to the issuer. (2) Termination of the current account contract by the account holder fully entitles termination of the contracts agreed with additional cardholders. (3) Termination of the contract by a cardholder who is not the holder of the current account does not result in termination of the contract agreed with the account holder and other cardholders. (4) The account holder has the right to terminate the contract between the issuer and an additional cardholder. In this case, the account holder remains jointly and severally liable for the transactions made with this card until it is returned to the issuer. (5) If termination by the holder occurs less than two months before expiry of the card, the next annual subscription laid down in Article 5 will nevertheless be due TERMINATION BY THE ISSUER Article 22: (1) When the issuer terminates the contract with the account holder, the issuer informs the account holder and, where applicable, the cardholders with a two month notice period. (2) If termination relates to a card other than that of the account holder, then the holder of this card is notified and the account holder is informed. (3) Upon notification of termination, the holder(s) may no longer use the card and must return it to the issuer. The account holder and the holder of the revoked card nevertheless remain jointly and severally liable for transactions made following notification of termination until the cards have been actually returned to the issuer. (4) There is no impact on the obligation for payment of services made with the card. (5) Any use of the card after the issuer s request for its return will lead to appropriate legal action if needs be. 19. CHANGES TO THE TERMS AND CONDITIONS FOR VISA AND/OR MASTERCARD CARDS Article 23: The issuer must inform the holder of any changes to the present Terms and Conditions two months before they take effect. These changes will be considered as approved by the customer unless the customer expresses his/her opposition in writing before the proposed date of introduction. 20. CHANGES TO THE TERMS AND CONDITIONS FOR VISA BUSINESS AND MASTERCARD BUSINESS CARDS Article 24: (1) The issuer may propose a change to the present Terms and Conditions by simple written notification at any time, in particular on the statement. (2) If the holder does not agree to the change, then he/she can exercise their right to terminate the contract in the month the proposed change is sent. If no objection is raised within this deadline, the holder is deemed to have accepted the change, which takes effect the month after notification of the change. 21. APPLICABLE LAW - JURISDICTION Article 25: (1) The relationship between the issuer and the cardholders and account holder are subject to Luxembourg law. (2) The courts of the Grand Duchy of Luxembourg are solely competent in any dispute between the holder and the issuer. However the issuer may bring litigation in any other jurisdiction, which, failing election of the preceding jurisdiction would normally be competent as regards the holder. II. TERMS AND CONDITIONS GOVERNING THE USE OF THE DEBIT CARDS axxess AND S-CARD TOP AND RELATED ELECTRONIC SERVICES 1. SERVICES DESCRIPTION The electronic services S-BANK and V PAY are available to debit cards of the Banque et Caisse d Epargne de l Etat, Luxembourg (hereinafter referred to as "BCEE" or "the Bank") bearing the relevant logo(s). The S-BANK service is designed to allow the cardholder to make transactions or consult accounts via the network of BCEE s automatic teller machines (hereinafter "ATMs"). The V PAY service is set up to enable the cardholder to make withdrawals via a network of ATMs and payment transactions via a network of point of sales (hereinafter "POS") terminals in the European Union and certain other countries. The full list of countries can be consulted at ; this list may change without notice. S-BANK and V PAY services are accessed using a card authorised to this effect and a personal and confidential secret code (PIN). The card remains the property of the Bank. It must be returned to the Bank upon request, and in all events prior to termination of the current account to which it is attached. Upon closure of the account, the closing balance is not definitive until all withdrawals and transactions have been recorded. Exercise of the right of disposal is made by debit from the current account and has the same status as cash transactions. Transactions are booked to the account within ten business days following the date of the transaction, if made in Luxembourg. Any booking of an unauthorised transaction to the account, any error or other irregularity in the management of the account must be immediately brought to the attention of the Bank. The account holder may only contest items included on the statement in accordance with the relevant provisions in the General Operating Terms and Conditions of the Bank. The Bank cannot be held liable for ATMs and POS terminals not working. The card is valid until the date shown on the card, unless the Bank decides otherwise. Unless notice is received from the account holder(s) two months prior to expiry of the card, then it is automatically renewed upon expiry and delivered to the holder. The account holder(s) authorise(s) the Bank to debit their account with the amount of the subscription fee in force. 2. SECURITY RULES/DUTIES OF DILIGENCE In order to prevent any fraudulent use of the services for cash withdrawal or electronic payment, the cardholder promises to carefully look after the card and to keep the PIN secret. The PIN should not be noted on the card or on a document kept with the card. If the cardholder forgets his/her PIN, then the Bank can be contacted and will reissue his/her PIN. Any non-compliance with these instructions will be considered as gross negligence and the cardholder will be obliged to bear the full loss resulting from fraudulent use of his/her card. The issuer will provide a card to any person making a request for a card and who is approved by the issuer. The card may be delivered by post. The PIN will then be sent in a separate letter. The card issued is a personal card and cannot be transferred. The cardholder must immediately report the loss or theft of the card to the central service for notification, which can be accessed 24 hours per day (telephone SIX Payment Services: ) and/or to the bank branch where his/her account is held so that measures can be implemented as soon as possible to prevent any page 4 of 7 of the document dated November 17, 2016

5 fraudulent use of the card. The holder must also report the loss or theft of his/her card to the local police. Except in cases where the cardholder knowingly acted fraudulently or with gross negligence, he/she will not be liable for the use of the card once the loss, theft or counterfeit has been notified to the issuing Bank. 3. FEATURES OF THE axxess CARD The axxess card gives access to S-BANK and V PAY services, on the understanding that exercise of the right of disposal is only possible when covered by the account or within the limits of an existing credit line. There is a restriction placed on the weekly use of axxess cards, which applies to all withdrawal and payment types mentioned above. The axxess card expires on the 30 th birthday of the customer. As a replacement, the customer may order a debit card S-CARD TOP at a BCEE branch. The new card will be sent to the customer by post and will be billed at the standard fee unless included in a particular range covered by a flat-rate fee axxess CARD LIMITS The Bank sets the weekly usage limits, which can be lowered or raised at the branch, dependent on the axxess cardholder s wishes or those of his/her legal representative or as decided by BCEE. The cardholder can make withdrawals at ATMs and payments at POS terminals (combined S-BANK and national and international V PAY systems) up to the weekly usage limit on the understanding that exercise of the right of disposal is only possible where covered by the account or by an existing overdraft facility. Verification of the level of funds is made online at the time of the transaction. In the event of the online authorisation system of BCEE being unavailable, the holder has a fall-back limit, which may generate an overdraft of the account. 4. FEATURES OF THE S-CARD TOP CARD The S-CARD TOP card provides access to S-BANK and V PAY services in accordance with weekly usage limits granted by the Bank S-CARD TOP CARDS LIMITS The Bank sets weekly usage limits which can be lowered or raised at the branch, in accordance with the S-CARD TOP cardholder s wishes or as decided by BCEE. There can be separate limits for transactions via ATMs and POS terminals. In the event of the BCEE authorisation system being unavailable for S-BANK transactions, the holder has a fall-back limit. In case the provision of the account to which the card is attached is not sufficient, the transactions done using the card, may generate an overdraft of this account ATM WITHDRAWALS For the S-BANK and the V PAY systems, withdrawals can be made within the scope of the weekly usage limit granted by the Bank. For the S-BANK system, the exercise of the right of disposal is only possible where covered by the account or by an existing overdraft facility PAYMENTS AT POS TERMINALS Payments can be made within the scope of the weekly usage limit granted by the Bank at national and international POS terminals. 5. PAYMENTS AT NFC TERMINALS "NFC" (Near Field Communication) is a technology that allows a cardholder to carry out payment transactions on a NFC terminal, without having to insert the card into a terminal, i.e. without physical contact of the card with the terminal, with or without entering the personal secret code. A NFC transaction consists in a "contactless" payment transaction made with NFC technology on a NFC terminal. A NFC terminal is an electronic payment terminal integrating the NFC function. Therefore a NFC terminal, identified as such on the terminal or in its immediate vicinity, does not require the insertion of the card to perform a NFC transaction. The cardholder can only perform NFC transactions on NFC devices. Depending on the amount of the transaction and the number of executed NFC transactions, inserting the card and/or the use of the PIN may be required. The cardholder agrees and acknowledges that his consent for a NFC transaction is given when passing the card on the NFC terminal. NFC transactions can only be carried out in compliance with the limit set up by the NFC terminal. Should the amount of the transaction exceed this limit, the cardholder must insert his card in the terminal and enter his PIN in order to finalize the operation. In all circumstances, the cardholder must comply with the instructions that appear on the NFC terminal. The NFC function is activated when the first transaction is carried out in online mode by inserting the card in the POS terminal or ATM and entering the PIN. The account holder may request from the Bank the deactivation and subsequently the reactivation of the NFC feature. Deactivation of the NFC function is only effective for the card in circulation. If the card is renewed or replaced, a new request must be made to the Bank. 6. TRANSACTIONS 6.1. EXECUTION AND PROOF OF THE TRANSACTIONS The cardholder cannot cancel an order given using the card. The time of receipt of the order is when: - the holder confirms the order, if the transaction is made on S-BANK; - the Bank receives the order from SIX Payment Services, if the transaction was not made on S-BANK. The holder of the account to which the card is linked authorises the Bank to debit his/her account with the amount of the withdrawal and payment transactions made using the card given to the cardholder and recorded under the card number in the various systems. Records made by the ATM or POS terminal and logged in the centre for electronic transfers at SIX Payment Services for V PAY transactions or at the Bank for S-BANK transactions are proof of the transaction and its correct processing. In case of several S-CARD TOP cards for the same account, the account holder accepts that the statement of account does not indicate which card has generated the transaction. Use of the card together with a PIN and the deposit of bank notes as part of a deposit at an ATM represents an instruction given by the cardholder to credit the account to which the card is linked with the amount corresponding to the bank notes deposited and authenticated, as indicated on the deposit receipt provided to the cardholder when the transaction is made. The cardholder or the holder of the account to which the card is linked accept that the deposit at an ATM is made in particular in accordance with the rules of operation indicated at the time of the transaction. Neither the cardholder nor the holder of the account to which the card is linked can contest the credit to the current account of the amount corresponding to the authenticated notes accepted as such on the deposit receipt. SIX Payment Services is authorised to manage the personal data of the holder on behalf of the Bank. The holders of the account and the card authorise the issuer and SIX Payment Services to transmit to third parties, namely all banks and merchants participating in the national and international POS networks, to card manufacturers and embossers and to international clearing and authorisation services the personal data relating to the holders FEE STRUCTURE In addition, the account holder gives an irrevocable order to the issuer to debit his/her current account with all amounts due as a result of use of the card, including the subscription fee for the card and fees and commissions (in connection with transactions made using the card) according to the fee structure in force as published on the website. 7. ADDITIONAL S-BANK SERVICES 7.1. TRANSFERS Payments and transfers are possible within the weekly usage limits granted by the Bank. The Bank reserves the right to await written confirmation, including when it considers that these orders are incomplete and do not appear to be sufficiently authentic. In this case, the account holder bears any eventual consequences resulting from the delay or the potential refusal to execute the transactions. It is understood that a transaction generated in S-BANK will only be executed if the account to be debited provides adequate coverage. The Bank alone shall decide whether there is sufficient cover. Similarly, it is expressly agreed that whenever the Bank considers it advisable, it is entitled to refuse to execute one or several of the customer s instructions ELECTRONIC ACCESS TO SAVINGS PRODUCTS On the basis of a special agreement signed by the holder of an account to which the card is linked, the Bank can authorise the account holder to make debit and credit transactions from/to his/her savings account/passbook using the debit card on S- BANK. Electronic withdrawal of the savings via S-BANK can be made within the limits of the available balance on the account. Any withdrawal from the savings account/passbook is initially made without loss of value to the current account, which will subsequently be debited with this amount DEPOSIT AT AN ATM The "deposit at an ATM" service enables the deposit of bank notes by the card holder at one of the issuer s ATMs in order to credit the current account of the account holder with the amount corresponding to the deposited and authenticated bank notes. 8. CHANGES Any change to these Terms and Conditions which favour the customer may be made without notice. The Bank must inform the holder of any other changes to the present Terms and Conditions two months before they take effect. These changes will be considered as approved by the customer unless the customer expresses his/her opposition in writing prior to the proposed introduction date. Any use of the card after notification of the change implies automatic acceptance of this change by the customer. The accounts expected to operate in the S-BANK and V PAY systems continue to be governed by the Bank s General Operating Terms and Conditions, to the extent that these are not contradicted by the present document. page 5 of 7 of the document dated November 17, 2016

6 9. TERMINATION OF THE CONTRACT 9.1. GENERAL PROVISIONS The Bank, the account holder and cardholder can terminate the contract at any time and without providing reasons. Termination before expiry does not entitle repayment, even partial, of the subscription paid TERMINATION BY THE HOLDER If the account holder or the cardholder terminates the contract, a notice period of one month must be respected and termination must be made by recorded delivery letter or by a written statement deposited with one of the issuer s tellers. The card must be returned to the Bank. Termination only becomes effective once the holder has returned the card to the issuer. Termination of the current account contract by the account holder fully entitles the issuer to terminate contracts agreed with additional cardholders. Termination of the contract by a cardholder who is not the holder of the current account does not result in termination of the contract agreed with the account holder and other cardholders. The account holder has the right to terminate the contract between the Bank and an additional cardholder. In this case, the account holder remains jointly and severally liable for the transactions made with this card until it is returned to the issuer. If termination by the holder occurs less than two months before expiry of the card, the next subscription will nevertheless be due TERMINATION BY THE BANK When the issuer terminates the contract with the account holder, the issuer informs the account holder and the cardholders by recorded delivery letter with a two month notice period. If termination relates to a card other than that of the account holder, then the holder of this card is notified and the account holder is informed. Upon notification of termination, the holder(s) may no longer use the card and must return it to the issuer There is no impact on the obligation for payment of services made with the card. Any use of the card after the issuer's request for its return will lead to legal action if applicable. 10. APPLICABLE LAW AND COMPETENT JURISDICTION The present agreement is subject to Luxembourg law. In the event of litigation concerning its application or interpretation, the Luxembourg courts are solely competent for any dispute between the holder and the Bank. However the issuer may bring litigation in any other jurisdiction, which, failing election of the preceding jurisdiction would normally be competent as regards the holder. III. TERMS AND CONDITIONS OF USE FOR 3D SECURE 3D Secure is an internationally recognised standard for the identification of a credit card holder for online payments referred to as "MasterCard SecureCode " and "Verified by Visa". Its purpose is to strengthen security for internet transactions. The card holder can verify directly on the merchant s website whether he has chosen to secure his payments via the 3D Secure standard. The present terms and conditions set out the provisions for the use of the new version of the 3D Secure technology. They complete and are an integral part of the Terms and Conditions for the use of payment cards (hereafter "General terms and conditions for the use of cards") between the bank (hereafter "the Issuer") that has issued the credit card (hereafter the "Card") and the holder and/or user of the card (hereafter the "Customer"). 1. ACTIVATION OF THE 3D SECURE SERVICE 1.1 The Customer can activate 3D Secure via the Issuer's internet banking or via the portal dedicated to the 3D Secure service (hereafter the "Portal"). a) Activation via the Issuer's internet banking: The Customer can activate 3D Secure by registering his Card according to the procedure laid down by the Issuer in his internet banking. b) Activation via the Portal: In order to be able to activate 3D Secure for his Card, the Customer must request an activation code ("one-time registration code") through the Portal. This activation code is sent by post to the Customer to the postal address he has provided to the Issuer for the sending of the card account statement. With this activation code, the Customer can continue the activation of 3D Secure on the Portal. 1.2 During this activation, the Customer must opt for at least one of the below mentioned means of authentication enabling the Customer to execute an internet transaction requiring 3D Secure identification (hereafter the "3D Secure transaction"): a) Validation of the 3D Secure transaction with a LuxTrust certificate of the Token type (hereafter "the LuxTrust certificate"): In order to link the LuxTrust certificate to his Card, the Customer must during the activation procedure enter his LuxTrust user ID, his LuxTrust password as well as the one-time password indicated on his LuxTrust certificate. b) Validation of the 3D Secure transaction by a one-time code sent by SMS: In order to link his Card to his mobile phone, the Customer must enter his telephone number during the activation procedure. If the activation of the 3D Secure service is requested via the Portal, the Issuer sends a one-time code by SMS to the telephone number provided by the Customer through a service provider specialised in SMS message communication. The Customer must enter this one-time code to finalise the activation of the 3D Secure service. 1.3 The Customer must also define a personal security message. This personal security message appears during all 3D Secure transactions. 1.4 The activation of 3D Secure is free and is carried out through a secure internet connexion. By activating 3D Secure, the Customer accepts the present terms and conditions. 1.5 The Customer must carry out a separate activation procedure for each of his Cards. If the Customer receives a new Card with a new PIN code (e.g. in the event of loss or theft), this Card must also be activated. 1.6 An internet transaction with a merchant requiring 3D Secure identification cannot be executed unless 3D Secure is activated. 2. USE OF THE CARD AND AUTHORISATION a) Execution of a 3D Secure transaction with a LuxTrust certificate: Pursuant to this method, the Customer must validate the execution of the 3D Secure transaction with his LuxTrust user ID, his LuxTrust password as well as the onetime password provided on his LuxTrust certificate. b) Execution of a 3D Secure transaction with a one-time code sent by SMS: Pursuant to this method, the Customer must validate the execution of the 3D Secure transaction with the one-time code sent by SMS to the telephone number provided by the Customer during the activation of 3D Secure for the Card in question. By entering the security components (including, depending on the chosen identification method, either the LuxTrust user ID, the LuxTrust password as well as the one-time password provided on the LuxTrust certificate, or the one-time code sent by SMS), the Customer confirms the approval of the card payment in accordance with the provisions of the General terms and conditions of the Issuer for the use of cards. 3. DUTY OF CARE 3.1 The Customer must ensure the security and the confidentiality of his security components and of any instrument or device (Card, LuxTrust certificate or mobile phone) required to validate a transaction. In particular, the Customer shall not note down the security components or store them in an electronic format in their full or modified form, whether encrypted or not, or disclose them to a third party. The Customer must choose a personal security message during the activation of the 3D Secure linked to the Card. In particular, the Customer shall not note down or store his personal security message in an electronic format in its full or modified form, whether encrypted or not, with the Card itself or elsewhere. The Customer also undertakes not to disclose his personal security message to a third party or make it available to a third party in any way whatsoever. 3.2 During the validation of the 3D Secure transaction, the Customer must make sure that the Portal has the following protection features: - the Portal s address starts with "https", - the Portal s address bar must display a padlock, - the Portal displays the personal security message defined by the Customer, - the Portal displays the "Master-Card SecureCode " or "Verified by Visa" logo. If these protection features are not present on the Portal, the Customer shall not validate the transaction and will be solely responsible for any damage resulting from his security components being entered and the transaction being validated. 3.3 If one of these protection features on the Portal is missing or if the Customer suspects that the security components have been used fraudulently, he must immediately inform the Issuer and block the Card in accordance with the provisions of the General terms and conditions for the use of cards. 3.4 The Customer must immediately change his personal security message if the Customer has reasons to believe that a third party has become aware of this message. 3.5 In the event of loss or theft of the LuxTrust certificate, the Customer must immediately change his security components. 4. PROCESSING OF PERSONAL DATA 4.1 The Customer authorises the Issuer to process his personal data in order to ensure the proper functioning of the Card as well as the prevention, detection and analysis of fraudulent transactions. 4.2 In addition to the provisions relating to the processing of personal data set out in the General terms and conditions for the use of cards, the Customer specifically page 6 of 7 of the document dated November 17, 2016