1. General Provisions
1.1. Scope
The following Terms and Conditions for the use of the radicant TWINT app (“radicant TWINT T&Cs”) apply as soon as the client (“You”) installs and uses the radicant TWINT app (“radicant TWINT app” or “the app”), a mobile pay application for iOS and Android operating systems, offered by radicant bank ag Mühlebachstrasse 162, 8008 Zurich, Switzerland (“radicant”).
radicant has received a license from TWINT AG (“TWINT”) to operate the radicant TWINT app. TWINT, domiciled in Zurich, is a Swiss public limited company independent from radicant.
The radicant TWINT app T&CS govern the use of the radicant TWINT App and the services provided by TWINT via the radicant TWINT app. In addition, the radicant Terms and Conditions for Payments apply.
The radicant TWINT app T&Cs are considered to be accepted as soon as You register via the radicant TWINT app and declare your consent, in any case when You use the app.
1.2. Services
The radicant TWINT App is a mobile app that enables cashless payments via the TWINT payment system. The radicant TWINT App can also be used abroad with merchants connected to a foreign payment system cooperating with the TWINT payment system. Such transactions are forwarded from the foreign payment system to the TWINT payment system (international payment).
The radicant TWINT app can be used as a means of payment at vending machines, in on-line or on-site shops, in various apps, with merchants or service providers that accept TWINT as a payment method (“P2M“), as well as to carry out cashless peer-to-peer (“P2P“) payments between individuals. Additionally, added-value services are offered through the radicant TWINT app. These include saving or activation of loyalty cards, receiving and managing coupons, and other services.
1.3. Technical Requirements
The radicant TWINT app may only be downloaded from an official app store. The services can be used on any device (e.g. smartphone, watch, etc.) on which the radicant TWINT app is installed. The device must meet the technical requirements of radicant. The minimum technical requirements are: (i) a device equipped with either iOS or Android operating system, and (ii) compliance of the device with the requirements set out in the respective app store.
Technical access to the services is provided via the internet connection of Your device, which acts as a personal terminal, and a dedicated infrastructure made available by a business client (e.g. Beacons – transmitters based on the Bluetooth Low Energy BLE wireless standard). Certain services cannot be used without internet connection.
radicant is entitled to refuse You the use of the radicant TWINT app at any time without stating reasons. The payment functions and any other services available within the radicant TWINT app may be limited by radicant, in whole or in part, at any time, due to legal requirements.
1.4. Registration and identification
When installing the radicant TWINT app on Your device, You will be requested to enter Your mobile number, which will be verified for security reasons. radicant reserves the right to request more information from You at any time.
After receiving a text message with a unique code to confirm Your mobile number, You will be requested to set a PIN and enter the credentials of the radicant bank account from which TWINT payments shall be debited. By registering Your mobile number, You confirm that You are the rightful user of that mobile number and device.
If Your mobile number or any other data provided during registration changes, You are obliged to provide radicant with your new information without delay.
Requests for registration or registrations that have already been completed can be rejected or cancelled by radicant at any time without stating reasons.
1.5. Confidentiality
In principle, the nature of the contractual relationship between You and radicant, and the information (e.g. name, place of residence, transaction details) collected during that relationship shall be treated confidentially. Where necessary, information may be disclosed to the payee and other third parties for the purpose of providing services within the framework of the contractual relationship between You and radicant. The duty of confidentiality is therefore waived in order to safeguard the legitimate interests of radicant. This shall apply, in particular, in the following cases:
- radicant’s statutory obligations to provide information and meet regulatory requirements;
- collection of radicant’s claims;
- legal disputes.
1.6. Support
radicant provides a help function as a form of technical support within the radicant TWINT app. To provide such support, radicant may involve third parties to whom it may give access to Your data to the extent necessary for the purpose of providing technical support.
1.7. Duty of care and other client obligations
When using the radicant TWINT app, You must comply with the following duties of care at all times:
- You must take the necessary measures to prevent the unauthorized use and/or manipulation of Your device;
- You must not disclose the codes required to use Your radicant TWINT app and to confirm payments, as well as the codes and/or screenlocks required to access Your device. If stored, these codes/screen locks must be held separately from the device You use to access Your radicant TWINT app;
- if You suspect that unauthorized persons have access to Your radicant TWINT app and/or Your device, You must change the respective codes immediately;
the selected codes must consist of a combination of numbers that are not easily identifiable or deductible (e.g., do not use birthday date); - in the event of fraud, You are required to cooperate in respective investigation(s) and make every effort to mitigate and/or reduce the damage suffered. If You suspect that a crime has been committed, You must report it to the police;
- You must not deactivate the security features on Your device in order to install applications that are not available in the official app stores (jailbreaking). Additionally, setting up root access (establishment of access at the system level of the smartphone) and installation of apps that are not available in official app stores is prohibited. These actions make Your device(s) more prone to malware and viruses, thus augmenting the risks of potential unauthorized access to Your radicant TWINT app. Liability for any losses or damages suffered in that context shall be attributed to You;
- You must verify the details of the payee prior to authorizing each transaction;
- You are required to inform radicant if You suspect that Your radicant TWINT app has been misused. In that case, radicant will take the necessary measures without delay;
- You are required to review the executed payments and check statements upon receipt. You must report discrepancies or debits resulting from potential fraudulent use of the radicant TWINT app to radicant without delay, but no later than 30 days from becoming aware of the fraudulent use. After this deadline, the payments will be considered accepted by You.
1.8. Verification of your identity and your responsibility
Anyone who accesses Your device and uses Your radicant TWINT app, authorizes a transaction via Your device, stores TWINT as a payment method for merchants or at an automated point of sale, will be considered to be authorized to carry out transactions using Your radicant TWINT app.
You are responsible for the use of Your device and shall bear all the consequences arising from the use of the TWINT app on Your device(s). Unauthorized actions undertaken by a third person accessing Your device and Your radicant TWINT app will be attributed to You.
radicant is authorized to debit the amount of all transactions attributed to You, even if carried out by third persons, to Your selected radicant bank account.
1.9. Private use and misuse
You may not use the radicant TWINT app for commercial purposes. In particular, you may not use the radicant TWINT app to receive P2P payments from the processing of commercial sales or provision of services.
If the use of the radicant TWINT app deviates significantly from normal use patterns or if there is any indication of behaviour that is illegal or in breach of the radicant TWINT app T&Cs, radicant can encourage You to use the app in a legally and contractually compliant manner, alter the provision of services with no compensation or prior notification, terminate the contractual relationship without notice and with no compensation and, where necessary, demand compensation for damages and indemnification against third-party claims. The same shall apply if You provide incorrect or incomplete details upon registration.
1.10. Communications and risks
Communication between you and radicant will generally take place via the radicant TWINT app.
For information or technical problems in connection with the radicant TWINT app, radicant reserves the right to communicate with you via the means it deems appropriate (e.g. e-mail, chatbots, telephone). This includes the exchange of confidential information protected by banking secrecy.
Unencrypted emails and other unprotected electronic communication channels are not secured against access by unauthorized third parties and therefore pose corresponding risks, e.g., lack of confidentiality, manipulation of content or sender data, misdirection, delay or viruses. Lack of security measures can facilitate unauthorized access. Therefore, You should only use software from trusted sources.
The security of communications cannot be guaranteed by radicant, despite all state-of-the-art security measures. radicant bears no liability for your device, as it is outside radicant's control.
1.11. Amendments to the radicant TWINT app T&Cs
radicant is entitled to amend and update these radicant TWINT app T&Cs at any time. You will be duly notified about the changes introduced by radicant. The changes will be deemed approved if You continue to use the radicant TWINT app after the changes enter into force.
If You do not agree with the changes, You should delete the radicant TWINT app from Your device. Your account will be deactivated accordingly, and You will no longer be able to use the relevant services and functions.
1.12. Statutory regulations and local legal restrictions on use
All legal provisions that govern the operation and use of the radicant TWINT app, devices, the internet and other dedicated infrastructure shall remain reserved and shall be applicable to these services from the time that they enter into force.
radicant may change, restrict or completely discontinue the radicant TWINT App services at any time and without prior notice, in particular due to legal requirements (e.g. sanction or money laundering regulations), technical problems, in order to prevent misuse, on the orders of relevant authorities or for security reasons.
radicant may, at its own discretion and without prior notice, restrict or prohibit Your use of the radicant TWINT app, refuse processing payments or process them with delay, reject incoming payments and limit the topping up and releasing of funds, in particular where radicant considers this to be appropriate for legal reasons or reputation reasons, as well as in the event of IT-based attacks, misuse or suspected fraud.
Circumstances may arise during Your contractual relationship with radicant and Your use of the radicant TWINT app that may legally require radicant to block Your assets, to report the contractual relationship to a relevant authority, or to terminate the contractual relationship. You might be obliged to provide radicant with information that it requires to meet its statutory clarification or reporting obligations.
You are not entitled to any claims against radicant in relation to any of the above-mentioned delays, blocking or non-execution of the transactions.
The use of services outside of Switzerland may be subject to local legal restrictions or may violate foreign law under certain circumstances. The payment function is generally limited to Switzerland and may not be used abroad. However, international payments via a foreign payment system cooperating with the TWINT payment system are permitted.
1.13. Rights to use the radicant TWINT app and Intellectual Property
You shall receive a non-transferable and non-exclusive right to use the radicant TWINT app for the duration of the contractual relationship between You and radicant. The content and scope of this right are governed by these radicant TWINT app T&Cs.
All rights (including the intellectual property rights) to the radicant TWINT app shall remain with radicant or the respective holder of the right.
If You violate the rights of third parties by breaching these radicant TWINT app T&Cs or in any other way for which You are liable and, for which, claims are lodged against radicant, You shall indemnify radicant in full.
1.14. Data
Information on data processing can be found in the privacy notice on the website of radicant - Data Protection Notice radicant Apps.
1.15. Blocking upon your request
radicant shall block Your account on the radicant TWINT app upon Your explicit request. Payments initiated before Your account was blocked are considered booked and cannot be revoked.
1.16. Termination of radicant TWINT app account
These radicant TWINT app T&Cs apply for the duration of Your use of the radicant TWINT app. Both contracting parties can terminate the contractual relationship at any time.
You can close Your TWINT account and uninstall the radicant TWINT app on Your device at any time. Your TWINT account and all associated data will be permanently deleted upon the closure of Your account. This will result in the closure of all existing loyalty programs as well as the cancellation and loss of all active offers.
1.17. Applicable law
All legal relations between You and radicant are exclusively construed under and governed by the substantive laws of Switzerland, excluding the provisions of international private law, international treaties and other conflict of laws. In case of any dispute arising out of or in connection with the relations between You and radicant, the competent courts of the City of Zurich, Switzerland, shall have exclusive jurisdiction unless mandatory statutory provisions provide otherwise.
radicant reserves the right to take legal action at the place of Your domicile or before any other competent court or authority.
2. Payment Function
2.1. Paying with the radicant TWINT app
You can use the radicant TWINT app at properly equipped points of sale („POS“), online vending machines, in various apps, by storing TWINT as a payment method with selected merchants, and via Partner Functions . This is done via (i) a Bluetooth connection, (ii) photographing the displayed QR code, (iii) entering the displayed code on the acceptance point in the radicant TWINT app, or (iv) storing TWINT as a payment method at selected merchants.
You are also allowed to carry out cashless P2P payments with other people who use the TWINT app within the limit applicable to payments.
Payment limits will be set by radicant for security reasons. In the settings of the radicant TWINT app, you can select the amount above which a payment should only be made after Your explicit confirmation ("OK" button). You can change this limit for the execution of payments without your confirmation within the app at any time. The set limits do not apply (i.e., you cannot set up express confirmation for payments) if You store TWINT as a payment method with a merchant in his/her app or online shop, and for recurring payments such as subscriptions, where You have approved payments as a whole (irrespective of the amount). In this case, payments are made automatically according to the payment process defined by the merchant or agreed between You and the merchant.
Storing TWINT as a payment method requires registration with the merchant. You can revoke the relevant authorization from said merchant at any time within the radicant TWINT app. If the saving of TWINT as Your payment method has expired or has been cancelled, You can save TWINT as payment method with the merchant again.
Regarding transactions via Partner Functions (previously TWINT+), You have access to an overview of various use cases in the app. When you select a specific use case, you are redirected to the website or app of the merchant in question where You can choose from various products and services. Payments will be made via TWINT and the provisions of the specific offer will apply. radicant assumes no liability in this context as these are third-party offers with which radicant is not involved in operating the platform and providing the service.
You can only make payments via the app if Your radicant bank account has a sufficient balance and Your daily or monthly limit has not been exceeded.
When paying via pre-authorization, you can authorize a merchant to make a subsequent charge (regardless of the amount). The actual amount is not fixed at the time of the pre-authorization and is only definitively confirmed after the service has been received. This may be the case, for example, for transactions at fuel dispensers, where the effective amount is not known until after the fuel has been purchased.
For international payments, payment confirmation is mandatory regardless of the amount. Under no circumstances whatsoever can an international payment be reversed. In the event of complaints, You must come to an agreement directly with the respective merchant.
For P2P payments to other TWINT users, You may send additional messages and/or images together with funds. You are not permitted to send messages or images with offensive or illegal content via radicant TWINT app or to harass other TWINT users using this function. radicant is entitled to monitor Your compliance with this prohibition and to delete messages or images without prior notice in the event of a violation.
2.2. Prices, fees and third-party remuneration
No fees will be charged for installing the app and using the services. Any changes will be communicated to You via the radicant TWINT app and will be deemed approved if You continue to use the app after being notified of the changes.
International payments in foreign currencies are automatically converted into Swiss francs at an exchange rate provided by a third party. radicant TWINT may increase this exchange rate (i.e., mark-up) and charge an additional fee for the foreign currency transaction. radicant TWINT is solely entitled to the mark-up and the fees. You have no right to claim compensation or waive the said fees. The final amount (including mark-up and fees) will be displayed in Swiss francs for confirmation before effectuating the international payment. In the event of a reversal of an international payment, the exchange rate at the time of the initial payment will apply. You bear the exchange rate risk.
radicant may charge you for the use of top-up options. In this case, you will be informed of the corresponding charges in the radicant TWINT app before using the top-up option.
Changes to prices and the introduction of new prices will always be announced in the radicant TWINT app. The price adjustments will be deemed to have been approved by You if you continue to use the radicant TWINT app (Clause 1.12). Changes to prices for international payments do not have to be announced separately by radicant.
For P2M payments, and the use of added-value services, radicant shall, in some circumstances, receive remuneration from third parties. Such remuneration allows radicant to offer the use of the radicant TWINT app free of charge. You shall not be entitled to claim any of these third-party remunerations that radicant has received in the past and may receive in the future.
2.3. Payment information
The total purchase amount, the time of the purchase and the location of the POS at which the payment was made shall be recorded in the TWINT system. Transactions will be visible in the radicant TWINT app for up to a maximum of 180 days.
3. Added-Value Services
3.1. Provision of mobile marketing offers
3.1.1. Presentation of offers
radicant can provide stamp cards, coupons and other offers within the radicant TWINT app where they can be managed, viewed and redeemed.
The following offers can be provided:
- Offers introduced by radicant alone or in cooperation with the TWINT system for radicant’s own products (radicant offers)
- Offers introduced by radicant in cooperation with a third-party provider (radicant added-value offers)
- Offers introduced by a third-party provider (third-party offers).
Your explicit consent (opt-in) is required within the app regarding the provision, display, management and redemption of third-party offers. Upon the opt-in, You expressly agree that radicant may analyse Your data (i.e. financial data, e.g., transaction and payment data, and Your preferences) for the purposes of personalised campaign presentations. You can revoke Your consent at any time within the radicant TWINT app. By revoking Your consent, You will no longer receive third-party offers and all activated third-party offers will be irrevocably deleted on the date of revocation of consent respectively.
The provision, display, management, and redemption of radicant offers and radicant added-value offers does not require You to „opt in“. These offers are made available to all clients.
All three types of offers may provide for specific participation conditions. If you activate or redeem an offer, you are deemed to have accepted the applicable terms and conditions.
radicant may additionally provide You with the option of receiving and sharing offers with other radicant TWINT app users.
3.1.2. Period of Validity of Offers
Offers are only valid for the period of time displayed in the radicant TWINT app.
In order to redeem certain offers, You should activate them within the radicant TWINT app. In such cases, the necessity to prior activate the offer will be communicated within the offer announcement. Activated offers may be deactivated by radicant if the offers are not redeemed within a certain period of time.
It is possible to redeem other offers without activating them in advance in the TWINT app. Many offers may only be redeemed upon making a payment with the TWINT app.
The receipt or activation of an offer that can be redeemed without activation shall not always mean that You are entitled to make use of a discount or a non-cash benefit, as the number of redemptions may be limited by the third-party provider involved. You shall be duly notified of such conditions within the respective offer.
When an offer with a discount is redeemed, the discount is deducted directly from the amount to be paid in the form of cashback after the payment has been made. radicant is entitled to delay the payment of the cashback balance until the cashback balance is CHF 10 or more, or to refuse the payment if fraud is suspected.
3.2. Loyalty Cards
You can activate customer loyalty programs and other incentive-based offers from third-party providers (“loyalty cards”). Loyalty cards can be managed and removed at any time via the radicant TWINT app.
Upon saving or activating a customer loyalty card in the radicant TWINT app, You shall be deemed to have provided Your express consent to the use of the card in question. Loyalty cards shall be automatically taken into account during payment procedures performed with the radicant TWINT app, provided this has been made technically possible by the respective issuer of the customer loyalty card. Other customer loyalty cards must be shown to the merchant manually. The use of a customer loyalty card may be deactivated in the TWINT app at any time.
radicant has the right to remove activated loyalty cards from the radicant TWINT app when they expire or if radicant decides that the card should no longer be available within the radicant TWINT app.
Benefits associated with the loyalty cards are provided directly in the radicant TWINT app. You will only receive such offers if Your consent has been given in accordance with clause 3.1.1.
3.3. Partner functions
In the "Partner functions" (previously TWINT+) area in the radicant TWINT app, you have the option of using the services presented there. These services are generally provided by third parties, and therefore if You wish to use the services within the partner functions, separate contractual conditions designated by the respective third party will apply.
radicant assumes no liability for these offers. In the event of complaints, You must come to an agreement directly with the respective service provider.
3.4. “Pay-later” function
The pay-later service is provided by a third party and therefore if You wish to use the pay-later function, separate contractual conditions designated by the third party will apply.
In the event of complaints, You must come to an agreement directly with the respective service provider.
3.5. Other added-value services
In addition to offers, loyalty cards, partner functions and the pay-later function, radicant can offer additional added-value services in the radicant TWINT app at any time.
In the event of complaints, You must come to an agreement directly with the respective service provider.
3.6. Liability for added-value services
Within added-value offers, the respective third-party providers are responsible for the content, notifications, offers, loyalty cards, "partner“ functions, the "pay-later" function, and other services offered via the radicant TWINT app as in these cases radicant only provides the technical platform through which the third-party providers offer the added-value services, and You can accept and use them.
radicant assumes no liability for the content, notifications, offers, loyalty cards, and other added-value services offered via the radicant TWINT app, nor for the execution of such offers.
radicant is also not liable for offers that cannot be redeemed with the third-party provider, or for discounts or advantages in connection with depositing loyalty cards that are not granted, such as employee benefits that are not granted or outstanding, or lost loyalty points.
radicant endeavors to offer added-value services via the radicant TWINT app without disruption and with as few interruptions as possible. However, radicant cannot guarantee this at all times. In the event of such an interruption, the redemption of discounts or the accumulation of loyalty points during the payment process may not work. radicant is not liable for damage resulting from such interruptions.
4. Liability
radicant shall, to the extent permitted by law, assume no liability for losses or damages that occurred through Your use of the radicant TWINT app, in particular the losses or damages occurred for the following reasons:
- losses or damages occurred due to transmission errors, technical malfunctions or defects (in particular due to failure of beacons or lack of internet connection), unlawful interference with telecommunications equipment and networks, unauthorized access or interference with Your devices, overloading of the relevant IT systems or networks, deliberate blockage of electronic access by third parties, and interruptions including for system maintenance work;
- losses or damages that are wholly or partially attributable to Your use of the radicant TWINT app that violates the radicant TWINT app T&Cs or is otherwise unlawful;
payments that are not processed or are processed with a delay; - acts or omissions by third parties (including auxiliary persons of radicant).
radicant shall equally assume no liability for the network operators (providers) and shall not accept any liability, to the extent permitted by law, for the hardware and software required for the use of the services within the radicant TWINT App.
In the event of breach of contract on radicant’s side, radicant is liable for any demonstrable direct damage affecting you, unless radicant is able to prove that it is not at fault. radicant shall not be held liable for slight negligence under any circumstances. Compensation for property damage and financial loss will be paid by radicant up to a maximum of CHF 5,000 per damaging event.
To the extent permitted by the applicable law, radicant is not liable for (i) indirect damage, loss of profit and loss of data and (ii) damage related to added-value services.
radicant endeavors to ensure the uninterrupted availability and error-free use of the radicant TWINT App. However, radicant cannot guarantee this in every case. radicant reserves the right to interrupt access to the radicant TWINT App and/or to the services offered in the radicant TWINT App at any time if increased security risks or disruptions are identified, as well as for the purpose of carrying out maintenance work. Provided that radicant exercises the care and customary diligence in the industry, you shall bear all damages arising from such interruptions.
August 2023