Legal notice

Terms and Conditions of Use of the "Pilla" Application 

1. Presentation and purpose of the Application 

Crédit Agricole next bank (Suisse) SA (hereinafter "CAnb") operates the mobile application "Pilla" (hereinafter the "Application"). 

The purpose of the Application is to enable users to conclude contracts with selected partner(s) (hereinafter the "Partners") in the area of pension funds. The services provided by the Partners are governed exclusively by the contractual terms and conditions, including any general terms and conditions of sale, of the Partner concerned, which you can access via this Application. 

By using the Application, users acknowledge that they have read these terms and conditions of use and undertake to comply with them. 

2. Target audience 

The use of the Application and the conclusion of contracts with Partners by means of the Application (hereinafter "Use of the Application") is reserved exclusively for natural persons.  

In particular, the following are excluded from Use of the Application: natural and legal persons who (i) are subject to a sanction imposed by Switzerland, the European Union, the United Kingdom or the United States; or who (ii) are in a position of direct or indirect economic ownership vis-à-vis a legal person subject to such a sanction; or who (iii) are organised or domiciled in a jurisdiction, country or region subject to a national or regional sanction imposed by Switzerland, the European Union, the United Kingdom or the United States. Use of the Application is limited to personal purposes only. By downloading, installing and/or using the Application, you confirm that you comply with these requirements at all times. 

3. Restrictions on use

You undertake to use the Application lawfully at all times. In particular, you are prohibited from: 

using the Application for illegal purposes or in any way contrary to these terms and conditions of use, or acting in a fraudulent or malicious manner, for example through "hacking" activities or adding malicious code (including viruses or corrupted data) to the Application; 

- using the Application in any way that could damage, disable, overburden, impair or interfere with our systems or their security or interfere with or adversely affect third-party users; 

- collecting or entering information or data on the Application or our systems and attempting to decrypt transfers to or from systems operating the Application; 

- using the Application to disseminate slanderous, racist, discriminatory, illegal, obscene or inappropriate information; 

- copying or modifying the Application or decompiling the Application code, except where provided for by law; 

- using the Application to transfer funds of which you are not the beneficial owner. 

4. Application fonctions

5.1 Technical requirements  

You technically access the Application via your terminal. You choose the access service provider (e.g. Internet service provider or telecommunications service provider). The term "terminal" refers to both the hardware used to access the Application (including mobile devices such as smartphones) and the operating software. Your terminal must always comply with the latest security requirements (see also "Your duty of diligence", section 6.2). 



5.2 Registration 

Registration for the Application is reserved exclusively for persons exercising their civil rights (i.e. persons of adult age who are capable of discernment) and whose legal capacity is not restricted by any measure taken by the adult protection authority. Registration is not open to persons exercising their civil rights who have been deprived of access to their assets under a guardianship arrangement. 

The first time you make Use of the Application, you will be asked to create an account and provide the necessary customer details. The data required for registration must be complete and truthful. For security reasons, the mobile phone number and email address can be verified by a confirmation request. You are responsible for keeping your data up to date. 

Registration is free. It is not equivalent to a right to Use of the Application. 


5.3 Authentication 

You acknowledge, without reservation, that all instructions and notifications sent to CAnb using valid means of authentication are considered to have been sent and authorised by you. Authentication for the Application is carried out using an identifier (your email address) and a password created at the time of registration. Where technically possible, you may decide to use fingerprint or facial recognition as the usual form of identification instead of a password. As far as the Partners are concerned, you unreservedly acknowledge that all instructions, notifications and mandates sent to the Partners using the aforementioned valid means of authentication are considered to have been sent and authorised by you. 


5.4 Subscribing to Partner services 

CAnb's "Pilla" Application is a platform that enables users to conclude contracts with selected Partners in the pension funds sector. CAnb does not act as a provider of pension fund services.  

The information contained in the Application in no way represents an offer or recommendation by CAnb to buy or sell financial instruments or to enter into contracts for financial or other services (e.g. opening a bank account), nor does it constitute an invitation to make a corresponding offer. Similarly, a user's request for information when creating an account in no way represents a form of recommendation, advice or any other financial service. 

Making a decision to enter into a contract for a service provided by a Partner is your own responsibility. Information on pension benefits that appears in this Application and mentions the name of one of our Partners comes from that Partner and not from CAnb. The Partner concerned is responsible for that information. You acknowledge the exclusive responsibility of the Partners concerned for complying with the legal and contractual provisions applicable to the purchase offer and the provision of services in the area of pension funds, as well as for any processing of your personal data carried out on their own behalf. 


5.5 Push notifications 

CAnb has created a push notification service for information relating to the Application (hereinafter "Push Notifications"), which forms an integral part of the Application. If Push Notifications are activated on your terminal, you may receive various types of information in the form of messages sent directly to your terminal, e.g. notifications about services provided by Partners. 

You must activate Push Notifications on your device yourself. Activation and deactivation are done directly via your terminal's operating system. CAnb does not in any way guarantee that Push Notifications will operate correctly, particularly as regards their reception or transfer speed. CAnb declines all responsibility in the event of Push Notifications not being sent or received. 

You understand and acknowledge that Push Notifications and their content remain visible when the Application is not open, that they run in the background and that they may also run when your terminal is locked. You therefore understand and accept that third parties that have access to your terminal may also have access to the content of Push Notifications. 

For security and confidentiality reasons, we advise against using the Application and activating Push Notifications on third-party mobile devices. 

5.6 Validity and termination 

Access to the Application is guaranteed as long as you hold a contract for a service provided by a Partner.  
If you do not subscribe to a service, your account will be deleted no later than one (1) month after its creation date. If you terminate all of your contracts relating to a service provided by a Partner, your account will be deleted no later than one (1) year after the closing date.  

6. Your duty of diligence 

6.1 Regarding authentication methods 

You must change the password you have chosen regularly. The password must not contain any easily identifiable combinations (e.g. telephone numbers, dates of birth, registration plates). 

You must keep your password and other means of authentication secret and protect them from any misuse by unauthorised persons. In particular, your password must not be kept unprotected. Your means of authentication must not be passed on to third parties or made accessible in any other way. Requests to disclose your password that appear to come from CAnb (e.g. email requests or emails containing links to login pages, commonly known as phishing emails) must be ignored. 

You must log out once you have stopped using the Application. 

If you are concerned that unauthorised third parties may have obtained your password, you should change it immediately. If this is not possible, you should inform the Service Centre immediately (see section 7 below). 


6.2 Regarding the terminal 

There is a constant risk that third parties may obtain access to your personal data without your knowledge while you are using the Internet or mobile services and that viruses may spread to your terminal during your Use of the Application. Using current antivirus software can reduce this risk and is recommended. To minimise the risk of unauthorised access to your terminal, you should also take the usual security precautions. We recommend that you create a password for access to your terminal and that you do not use public Wi-Fi access. 

You undertake to keep your terminal's operating software up to date, to install all recommended software and security updates without delay and to always use the most up-to-date version of the Application. 

If you are concerned that unauthorised persons may have gained access to your terminal, you should inform the Service Centre immediately (see section 8 below). 



6.3 Breaches of duty of diligence 

You acknowledge that you are fully and exclusively liable for any loss resulting from a breach of your duty of diligence. 


6.4 Consequences of non-compliance with the terms and conditions of use 

We may terminate your rights to Use of the Application at any time if you breach these terms and conditions of use. 

If we terminate your rights to Use of the Application, you must permanently delete the Application from all devices in your possession, and we are entitled to refuse you access to services via the Application. 

You agree to hold CAnb harmless of any liability and indemnify CAnb from any loss, cost, damage or expense resulting from your Use of the Application in a manner that does not comply with these terms and conditions of use.  

7. Application availability 

7.1 Availability of services and information on the Application 

CAnb takes all reasonable measures to ensure that, apart from regular and irregular maintenance periods, you can access the Application at any time and, consequently, the information it contains and the associated services. However, CAnb cannot guarantee access to the Application at all times. Access to the Application may be impossible or disrupted temporarily or for a prolonged period due to technical problems within your area of responsibility or within the area of responsibility of the operator, electricity services or even CAnb. 

CAnb also reserves the right to interrupt access to the Application and, consequently, to the information it contains and the associated services in the event of special circumstances (particularly in the event of malfunction, security risks or maintenance work). 

CAnb may modify certain functions of the Application (temporarily or permanently), which is why you may not be able to access all services at all times. You may not be able to use the Application (in its entirety or only certain functions) due to the operating system or model of your mobile device. 

CAnb cannot be held responsible for this type of disruption or interruption. 

 

7.2 Changes to the Application 

We reserve the right to update the Application automatically from time to time in order to improve its performance, optimise its functionality, take account of changes to the operating system or resolve security problems. We may also ask you to update the Application for the aforementioned reasons. 

If you decide not to install these updates or if you refuse the automatic updates, you may no longer be able to use the Application and services. 

8. Support

Our Service Centre is available to answer any questions you may have via use of the contact form. 

9 . Application rights 

You are entitled to use the Application in accordance with these terms and conditions of use. Your right of use is limited to personal use; it is neither exclusive nor transferable, and we may revoke it at any time. Any other use, particularly the duplication, modification, copying, distribution and sale of the Application, is prohibited. The use of services made available by Partners in the Application is excluded from the concept of Use of the Application. 

With the exception of the right of use granted above, all rights (including all intellectual property rights) to the Application belong to CAnb and/or third parties appointed by CAnb ("Right Holders"). The rights of Right Holders to use the Application remain exclusively reserved. 

10. Third-party content 

The Application also contains content (e.g. general terms and conditions of sale) from Partners. You acknowledge that CAnb has not verified this content and accepts no responsibility for it. In this context, please also bear in mind the limitation of liability (see section 12). 

11 . Outsourcing 

In order to provide the Application, CAnb uses the services of third parties located in Switzerland and abroad, particularly for hosting. Subject to the disclaimer (see section 12), these outsourced activities remain under the responsibility and control of CAnb.  

12. Limitation of liability and warranty 

In the scope of Use of the Application, CAnb is liable only for damage caused to you intentionally or through negligence on the part of CAnb or its employees. You acknowledge that all other liability on the part of CAnb is excluded. 

You acknowledge that CAnb is under no obligation whatsoever with regard to the services provided by the Partners and that responsibility for these services lies solely with the Partners. Consequently, CAnb accepts no liability for services obtained via the Application. Furthermore, CAnb accepts no liability for the content of websites linked to the Application, nor for the content, documents and other information from Partners that is posted online or that can be viewed in the Application. 

You are responsible for technical access to the Application, particularly the operators and the hardware and software you use. In particular, you acknowledge that CAnb is not responsible for operators and excludes all liability for damage that you may suffer as a result of transfer errors, technical faults, malfunctions, unlawful intrusion into telecommunications systems and networks, network overload, deliberate blocking of electronic access by third parties, interruptions or other transmission errors. 

Although we make every effort to ensure that the Application remains up to date and free of programming errors, we are unable to guarantee this. 

CAnb accepts no liability for the operation and availability of the Application and access to services. You release CAnb from all liability that may arise from the use or inability to use the Application or to access the services. 

CAnb also excludes liability for any loss or damage you may suffer as a result of using the Application, including any loss or damage arising from the acts or omissions of third parties. 

Within the limits of the law, CAnb declines all responsibility for indirect damage, loss of earnings and loss of data.  

13. Data protection 

The Application's Data Protection Policy is available here: https://www.pilla.swiss/en/privacy-policy. It constitutes an integral part of these terms and conditions of use.  

In particular, CAnb may transmit your data collected in the scope of the Use of the Application to Partners. The use of data transmitted in this way, and the collection and use of data by Partners using the Application, are governed solely by the Partners' respective confidentiality policies.  

14. Intellectual Property 

You are granted a non-transferable and non-exclusive right to use the Application. These terms and conditions govern the content and scope of this right. CAnb retains all intellectual property rights. If you violate these rights, you shall be required to compensate CAnb for any damages. 

15. Final provisions 

15.1 Amendment of terms and conditions of use 

CAnb reserves the right to amend these conditions of use at any time. Amendments are communicated in an appropriate form. Amendments always come into force as soon as they are placed online. If you do not accept them, you will not be able to continue using the Application. In all cases, amendments are deemed to have been accepted if you continue to use the Application after they have come into force.  


15.2 Relationship with additional provisions 

Certain areas of the Application may contain additional provisions, conditions, information, instructions, etc. ("Additional Provisions"). In the event of any contradiction between these terms and conditions of use and any Additional Provisions concerning Use of the Application, these terms and conditions of use shall prevail. 

To avoid any misunderstanding, the legal relationships between you and the Partners are not governed by these terms and conditions of use; they are governed exclusively by the Partners' general terms and conditions and other contractual provisions. 


15.3 Force majeure 

CAnb shall not be liable for any delay or failure in the performance of its obligations under these terms and conditions of use for reasons beyond its control, such as natural disasters, war, strikes, power failures, Internet failures, viral epidemics or similar events. 


15.4 Severability clause 

If parts or individual provisions of these terms and conditions of use are found to be inapplicable or invalid and/or to contravene legal regulations, this shall not affect the validity or applicability of the remaining provisions. The invalid or inapplicable provision shall be replaced by a valid and applicable provision that comes as close as possible to the economic intention binding you to CAnb and that was the subject of the invalid or inapplicable provision. 



15.5 Applicable law and jurisdiction 

The legal relationship between you and CAnb in connection with the Use of the Application shall be governed by Swiss substantive law, to the exclusion of provisions regarding conflict of laws. The place of jurisdiction for disputes between you and CAnb in connection with Use of the Application is Geneva.