1.The eBanking service in general
When Piguet Galland & Cie SA (hereinafter the Bank) accepts the application to join eBanking submitted by the Client or his/her representative – which finalizes the contract for use entered into with the Bank – each designated user (that is, the Client, his/her representative or any person authorized by one of them) receives the information needed to use eBanking. Further information can be obtained on the screen.
2. Access to eBanking services
2.1 Access to eBanking is open for consultation (position of an account, movements) to any user at his/her request who has authenticated him-/herself when using the system :
- by their eBanking user code, and
- by the personal password of their choice, and
- by the authentication code (Security SMS Code).
The Bank never communicates an authentication code by electronic mail but only by post.
2.2 As soon as the user receives the first personal password remitted by the Bank, he/she is required to alter it (by following the instructions shown on the screen). Once the password has been altered, it constitutes a code consisting of numbers and/or letters that are unknown to the Bank and are freely chosen by the user. The Bank advises users to change this combination regularly.
2.3 So that the user can be authenticated, the Bank sends him/her a Security SMS Code, which is valid only for a limited period of time and is sent directly to a mobile telephone.
2.4 When a user has authenticated him-/herself in accordance with section 2.1, the Bank is entitled to deem him/her authorized to access eBanking without his/her having to provide further proof of his/her authorization. He/she may then validly have at his/her disposal the information and e-documents relating to the account(s)/deposit(s) to which he/she has access.
2.5 The Bank has properly fulfilled its obligations when it has acted upon the requests for consultations which have reached it through the eBanking functions provided for this purpose, except in the event of gross negligence on its part.
2.6 The Client acknowledges without reserves all the communications received from the Bank and remitted to a user by means of eBanking without confirmation in writing. He/she also acknowledges that all the instructions and communications that reach the Bank by this means are deemed to have actually originated from the user. This is without prejudice to any right of recourse the Client may have against his/her representative or the user.
3. Duty of diligence of the Client and the authorized persons for the authentication codes
3.1 The user is responsible for the authentication codes remitted to him/her; he/she is recommended to take the greatest care of them. The user is required to keep his/her personal password secret in order to prevent it from being misused. Personal passwords must not be kept in written form. The Client bears all the risks resulting from a third party having knowledge of the user’s authentication codes. If the user has reason to fear that these codes have become known to an unauthorized third party, he/she is under an obligation to change his/her password immediately. If the personal authentication code gets lost, the user must immediately inform the Bank, which will take all the expedient measures as soon as possible.
3.2 At the time of authentication, the Security Code SMS is sent via the telephone network and is not encrypted. Similarly, the other information sent by SMS is not encrypted. SMS are sent via the Swiss or international mobile telephone operators and the Bank uses an external service for sending SMS. These operators might become aware of the personal information that the user sends by means of SMS and might infer the existence of a banking relationship between the user and the Bank. The Bank may not be held liable for the contents of this information, nor for any delay, interruption or error. The receipt or despatch of data by SMS cannot be guaranteed either by these third parties or by the Bank or by any partner, and it may not be complete or accurate, in spite of all the care taken to ensure that the system functions properly.
3.3 If the mobile telephone or electronic equipment with which SMS are received and sent is stolen, lost or forgotten, it is imperative that the user immediately blocks his/her SIM card with his/her operator or informs the Bank, which will block his/her access to eBanking as soon as possible.
3.4 In the event of a change in the mobile telephone number or in the electronic equipment with which SMS are received and sent, it is the user’s responsibility to inform the Bank without delay so as to ensure that the SMS services continue to operate.
4.1 In the eBanking system, the Bank makes available to the user an “e-documents” space that allows him/her to receive certain documents and supporting documents defined by the Bank. By joining eBanking, the Client agrees to receive automatically and exclusively by electronic means advice notices, statements, detailed accounts, account or securities account statements or other communications sent by the Bank. The Client accepts that when the Bank places these documents and supporting documents in eBanking, they have been duly notified to him/her and that the Bank is discharged towards the Client of its duty to inform and report to the Client. The advice notices, statements, detailed accounts and account or securities account statements as well as all other e-documents are deemed to have been acknowledged and approved after a period of one month.
4.2 The Client’s attention is drawn to the fact that the documents and supporting documents are only available in eBanking for a maximum period of 24 months from the date on which they are made available. After this time-limit, the Bank will be entitled to invoice any duplicate copy/copies which is/are ordered. In the event that the user does not connect for a period of twelve months, the Bank reserves the right to take action which may go as far as sending the correspondence by post. The Client releases the Bank from banking secrecy in this case. By means of a written request, the Client may at any time ask the Bank to change the electronic mode of sending the documents and supporting documents addressed by the Bank and request a hard copy format.
4.3 The Client’s attention is drawn to the fact that a trace of the e-documents downloaded may be kept on the computer’s hard disk in the browser’s downloads record, depending on the browser’s parameters. It is recommended to delete them by using the browser’s function provided for this purpose, in particular when the Client connects from a computer other than his/her own. The browsing record may also be saved by the browser and the Client should delete it, if necessary.
5.1 The Bank does not assume any liability for the accuracy or completeness of the communications sent. Similarly, the communications sent are never firm offers, unless the contrary has been expressly stipulated. Thus the information about the prices of securities and currencies is indicative and not binding on the Bank.
5.2 The eBanking traffic with the Bank is effected via an Internet connection (unprotected by default). However, the communications exchanged between the Bank and the Client are encrypted according to the usual standards. Once authenticated, the Client opens a secure (encrypted) session on the Bank’s eBanking web site. In this respect, it is up to the Client or the user to ensure that use of the encryption does not contravene the legislation of the country from which access is requested. The Bank refuses to accept any liability for any damage that the Client or user might sustain due to technical deficiencies, malfunctions or illicit interventions on the telephone or Internet network. In particular, SMS are sent by the operator, which may be located in Switzerland or abroad. The Bank is not liable in the event of a delay to, or non-receipt of, SMS.
5.3 The Bank does not accept any liability whatsoever for any damage that might be caused either to the equipment or to the Client’s assets or the data, in particular due to technical deficiencies, malfunctions, illicit interventions on the equipment and/or network installations, network overloads, Internet malfunctions and other incidents.
5.4 At the present time, no security device, even if it satisfies the most recent technological developments, can guarantee absolute security. The Client’s attention is drawn to the following risks in particular:
- Deficiencies in one’s knowledge of the system and preventive security measures can encourage unauthorized access (for example, inadequate protection of the access terminal, data stored on the hard disk, file transfers, screen shots, etc.). It is up to the Client to obtain precise information about the applicable preventive security measures.
- Traffic surveillance by the Client’s Internet access provider cannot be ruled out. In other words, this provider has the possibility of reconstituting with whom the Client has been in contact and when.
- There is a permanent risk that malware may contaminate the Client’s computer when he/she is using the Internet and coming into contact with the outside world via computer or other networks. That is why it is of paramount importance to work only with trustworthy software and to use the usual IT security measures such as firewalls.
5.5 The Bank expressly excludes any liability with regard to the service that it might have provided. Nor does it guarantee, if applicable, that all parts of the service meet the user’s expectations, nor that it can function faultlessly in combination with other programs chosen by the user.
5.6 The Bank does not provide technical access to its services. The Client must provide it him-/herself. The Bank therefore accepts no liability, either for the network operator (provider) or for the eBanking service provided.
5.7 The eBanking traffic is carried through public telecommunications installations which are not especially protected (telephone network, Internet network, etc.). The Bank excludes any liability for damage caused to the Client or to his/her holders of power of attorney due to transmission errors, technical deficiencies, interruptions, malfunctions or illicit interventions on the telecommunications installations.
6.1 When the authentication code has been entered wrongly three times, the system blocks the user’s access to eBanking. If there is a risk of misuse, the user can block access him-/herself by entering the wrong authentication code three times.
6.2 The user has the possibility of unblocking his/her eBanking access by applying during the Bank’s opening hours to the support service, which will send another authentication code. In any case the Bank reserves the right to request written permission from the Client in order to proceed to unblock his/her access.
6.3 The Bank is authorized to block at any time, without stating the reasons and without prior notice, the Client’s and/or the users’ access to eBanking as soon as it deems this necessary, in particular for security reasons.
The Bank reserves the right to levy charges for the consultation of certain items of information available via eBanking. The nature of this information and the charges levied will be notified to the user through the eBanking system.
8.1 The Client and the Bank may, at any time, terminate the use of eBanking in whole or in part, subject to termination in writing.
8.2 If the user does not use the eBanking services for more than 12 months, the Bank reserves the right to cancel his/her access, which will also automatically terminate the contract for use of eBanking.
8.3 In the event of termination of eBanking, the statements, advice notices and other documents shall be remitted to the Client according to the instructions for correspondence or, failing this, be kept at the Bank
9. Amendment of the contract
9.1 The Bank reserves the right to amend or delete at any time the content of the services provided, the present terms and conditions and their additional provisions. In particular, the Bank is entitled to alter the authentication system provided for in section 2.1, in particular so as to take account of technological developments.
9.2 Amendments to the present terms and conditions of use shall be notified to the Client or the user through the e-Banking system or by any other means deemed appropriate by the Bank and shall be deemed approved unless a notice to the contrary is received from the Client within one month.
10. General Terms and Conditions, applicable law and place of jurisdiction
The General Terms and Conditions of the Bank shall also be applicable to these terms and conditions and to their additional provisions. In particular, the place of performance, the place of jurisdiction for clients domiciled abroad and the sole place of jurisdiction in any kind of proceedings are at the place where the head office, branch or branch office of the Bank that is designated when the account is opened is located. However, the Bank reserves the right to take legal action at the place of domicile of the Client or before any other competent court.