The subject of this agreement is the use of Waller App and Waller services. Via Waller App the customers open a digital account (wallet) with Hypothekarbank Lenzburg AG.
The account also offers customers access to third-party services via Waller App. All data is transmitted in encrypted form. Waller always endeavours to ensure unrestricted use and availability of its services, even though unrestricted guarantee for service reliability cannot be provided.
The customer acknowledges that access to the services may be temporarily restricted for technical reasons (e.g. malfunctions, maintenance) or for reason beyond Waller's control (e.g. force majeure, third-party fault).
1. Subject matter of the agreement
Waller and other trademarks on this App are trademarks and service marks or registered trademarks or service marks of Waller Swiss AG and/or its direct or indirect affiliates. All materials available on the App, except where otherwise noted, are under copyright to Waller. Waller reserves all rights with respect to copyright and trademark ownership of all materials on the App, and will enforce such rights to the full extent of applicable law.
Nothing on the App shall be construed as granting any license or right to use any image, trademark, service mark or logo. Downloading, copying or printing individual pages and/or parts of the App is allowed for personal use only and will not transfer title to any software or materials on the App to you. Explicit attribution to Waller must be made in the event that the materials, or any part thereof, are reproduced in any form, written or electronic. Furthermore, any reproduction, re-publication or distribution of these materials requires the express consent of Waller.
2. Ownership of the App, trademarks and copyrights
Waller is subject to Swiss Law with regard to the procurement, processing and use of its customers' personal data, in particular DSG (Federal Data Protection Act) and the VDSG (Ordinance to the Federal Data Protection Act).
Waller undertakes to protect the customer data at all times by taking appropriate state-of-the-art measures and not to disclose personal data of the customers unless this is absolutely necessary for the fulfilment of the Agreement, the customer has consented to this or there is a legal obligation to do so. Banking secrecy is maintained at all times.
3. Data protection and data retrieval, bank customer confidentiality and other secrecy regulations
All money in your account is legally termed "electronic money" recognised throughout the European Economic Area as a form of money suitable for online use. You can link or unlink a credit card, debit card, a prepaid card (where available) or a bank account to your Waller account as a funding source. We may limit the availability of your funding sources to manage our risk. Please keep your funding source information (e.g. credit card number and expiration date) current.
The operational part of your account contains your wallet balance, which is the balance of money available for payments or withdrawals. When you use our payment service to pay another user, you instruct us to transfer the money from your Waller balance to the recipient’s account. At the time of the payment, you need to have enough Waller balance in cleared funds to cover the amount of the payment you make plus, where applicable, all transaction fees payable to us. If you have insufficient wallet balance or have chosen a preferred funding source you are also requesting us to obtain funds on your behalf from your applicable funding source and issue electronic money to your balance for your payment to be made.
When you withdraw your money you need to have enough balance to cover the value of any withdrawal at the time of the withdrawal.
We charge fees for our services as set out on the fee schedule. Waller reserves the right to make changes and adjustments to the fee schedule. The customer will be informed about such changes in appropriate way in advance.
You are liable for telephone charges and any charges made by your Internet service provider or similar or associated charges as a result of the use by you of our services.
We may deduct our fees from your wallet balance. We will provide you with the details of the amounts you receive and our fees charged either by e-mail or in your transaction history (which you can access by logging into your account).
You cannot set off or deduct any amounts from our fees.
6. Closing your Waller account (wallet)
You can close your account at any time.
We may close your account at our convenience by providing you with two months' prior notice. We may also close your account at any time if:
– You are in breach of this user agreement and/or we are otherwise entitled to close your account under this user agreement.
– You do not access your account for three years.
– We suspect that your account has been accessed without your authorisation.
Where we decide to close your account we will provide you with notice of account closure and, where practicable, the reasons for closing your account, together with the ability to withdraw any undisputed funds that we are holding.
When your account is closed:
– This User Agreement terminates immediately, except that this User Agreement survives termination to the extent and for so long as we require to deal with the closure of your account and to comply with applicable laws and regulations.
– We may cancel any pending transactions and you will forfeit any balances associated with special funding arrangements.
– We may suspend, limit or terminate your access to or use of our services, websites, software, systems (including any networks and servers used to provide any of the services) operated by us or on our behalf or some or all of the services.
– You will remain liable for all outstanding obligations under this user agreement related to your account prior to closure.
– We may keep your account information in our database for the purpose of fulfilling our legal obligations.
– We may retain your electronic money after closure to the extent and for the time we reasonably require to protect us and/or any third party against the risk of reversals, fees, fines, penalties and other liabilities of whatever nature. After this time you will be able to withdraw any undisputed funds that we are holding.
It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is solely your responsibility to assess, collect, report and remit the correct taxes to the appropriate authority. We are not responsible for determining whether any taxes apply to your transaction, or for calculating, collecting, reporting or remitting taxes arising from any transaction.
7. Taxes and information reporting
You may contact us by e-mail at: email@example.com.
You must send legal notices in connection with this user agreement to us by postal mail.
You agree that we may provide notice or other information to you by posting it on the Waller website(s) (including the posting of information which is only accessed by you by logging into your account), e-mailing it to the e-mail address listed in your account, mailing it to the street address listed in your account, calling you by phone, or sending you a text/SMS message. You must have internet access and an e-mail account to receive communications and information relating to our services. With the exception of amendments to this User Agreement, such notice shall be considered to be received by you within 24 hours of the time it is posted to the Waller website(s) or e-mailed to you. If the notice is sent by mail, we will consider it to have been received by you three business days after it is sent.
8. Communication and notices
You must indemnify Waller for actions related to your Waller account and your use of the Waller services.
You agree to defend, indemnify and hold Waller harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of:
– your breach of this user agreement;
– your improper use of the Waller services;
– your violation of any law or the rights of a third party;
– the actions or inactions of any third party to whom you grant permissions to use your Waller account or access our websites, software, systems (including any networks and servers used to provide any of the Waller services) operated by us or on our behalf, or any of the Waller services on your behalf.
Waller's liability is limited with respect to your Waller account and your use of the Waller services. In no event shall Waller be liable for:
– direct or indirect lost profits;
– any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business), arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the Waller services) operated by us or on our behalf, any of the Waller services, or this User Agreement (however arising, including negligence), unless and to the extent prohibited by law.
Our liability you or any third parties in any circumstance is limited to the actual amount of direct damages (excluding direct loss of profits), unless and to the extent prohibited by law.
9. Indemnification and limitation of liability
You may not transfer or assign any rights or obligations you have under this User Agreement without Waller's prior written consent. Waller may transfer or assign this User Agreement or any right or obligation under this User Agreement at any time.
This User Agreement and the relationship between us is governed by the laws of Switzerland. This does not affect your mandatory rights under the laws of the country in which you reside, such as your rights as a consumer. If you bring a claim against us in court, you submit to the non-exclusive jurisdiction of the courts of Switzerland. This means that if you were able to bring a claim arising from this User Agreement against us in court, for example, an acceptable court would be a court located in Switzerland, but if the law allows you to do so, you can bring the claim in the court of another country instead, such as the country in which you reside.
Languages and translation of agreement
We will communicate with you in English only. This User Agreement is concluded in English only. Any translation of this User Agreement is provided solely for your convenience and is not intended to modify the terms of this User Agreement. In the event of a conflict between the English version of this User Agreement and a version in a language other than English, the English version shall be the definitive version.
This User Agreement sets forth the entire understanding between you and us with respect to our service. If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.