These terms & conditions for Switzerland regulate the relationship between you, as a user of the wefox app, as well as the wefox website, as well as through any other method of communication (i.e. telephone, e-mail, fax, etc.) and wefox AG. When the broker authorisation agreement is concluded with FinanceApp AG these Terms & Conditions are valid in addition to the mandate.
- FinanceApp AG, Zurich, Switzerland is operating a digital service under the name of “wefox”, in the form of the wefox app as well as www.wefox.ch, for managing, requesting offers for and entering into insurance contracts for legal adults residing in Switzerland. www.wefox.ch/en/privacy.
- FinanceApp is registered with the Swiss Financial Market Supervisory Authority (FINMA) as an independent insurance agent.
- wefox requests offers and simplifies insurance-related processes on your behalf. The insurance contracts, however, are entered directly with the selected insurer through the app and/or with the assistance of our consultants.
- wefox only acts upon your consent. You retain full control over your insurance policies. The details are governed in the broker authorisation between you and wefox.
- The use of wefox is free of charge.
How wefox works:
- You register free of charge and authorise wefox to manage your insurance policies. You thereby grant wefox permission to request your policy information from the insurance company.
- The insurance company will send your policy information to FinanceApp AG, which will then be made available to you on the wefox app. You will have immediate digital access to any important information worldwide.
- If you care to amend or optimise an insurance policy, or obtain additional insurance coverage, wefox will request offers from various insurance carriers on your behalf. You can compare the offers on wefox and select the most suitable insurance for you.
- You enter your chosen insurance contracts directly with the insurer via the wefox app or website. The newly acquired insurance will then be added to your profile and all relevant and important information will be available to you anytime, anywhere on a digital basis.
1. Area of applicability
These General Terms and Conditions for Switzerland (“GTCs”) shall govern the agreement between you, the user of wefox via App, the Website www.wefox.ch, as well as any other form of communication (such as telephone, e-mail, fax, etc).
These GTCs shall also apply for all future servitude and business relations between you and FinanceApp, unless other General Terms and Conditions have been explicitly agreed upon in the interim.
When using wefox, you may be using services provided by other vendors simultaneously (such as network, mobile communication providers, etc.). The use of such services is subject to the General Terms and Conditions of the potential aforementioned providers.
2. wefox and FinanceApp
wefox is a service for managing, obtaining offers for and entering into insurance contracts; it may be used via the wefox app or the website www.wefox.ch.
The use of wefox is subject to registration. The registration is also free of charge.
wefox is operated by FinanceApp AG (Zurich, Switzerland) (company registry number: CHE-375.651.476). The address and contact information is available in the imprint.
FinanceApp is registered with the Swiss Financial Market Supervisory Authority (FINMA) as an independent insurance agent (register number: 29’876, publicly accessible information available on www.vermittleraufsicht.ch).
3. Acceptance and amendment of these GTCs
By registering with wefox, you explicitly agree with and consent to these GTCs. Deviating and/or supplementary provisions require the explicit consent of FinanceApp.
These GTCs shall be valid in its current versions at the time of registration. You shall agree to these GTCs for the duration you are using wefox. You may access a current version of these GTCs at any time, either in the wefox app, or online at www.wefox.ch/en/terms.
wefox is entitled to amend these GTCs at any time. In the event the GTCs are amended, you will be notified via App, in writing, via e-mail or in another suitable manner. If you do not agree to the amendments, you may terminate the user and business agreement with wefox anytime free of charge. If you continue to use wefox upon effectiveness of the GTCs amendment, the GTCs shall be considered agreed upon and binding.
If you violate the provisions outlined in these GTCs, your right to use wefox shall expire automatically.
4.1. Registration, use and deletion
In order to use wefox, you must register. By registering you are entering a user and business agreement between you and wefox, for which the details are governed in this GTCs. FinanceApp shall grant you the right to use wefox for the duration of the user and business agreement.
When registering with wefox, none of your existing contracts are subject to change. FinanceApp shall only act as an insurance broker on your behalf, if you explicitly instruct and authorize FinanceApp to do so (see number 4.4 below).
If you have entered a broker authorisation agreement with wefox, it will also be terminated upon the termination of the user and business agreement with FinanceApp (regarding wefox). Vice versa, terminating the broker authorisation shall also result in the automatic annulment of the user and business agreement.
4.2. Your obligations
Only natural persons of legal age residing in Switzerland may register.
With your registration you are confirming that you are of legal age and residing in Switzerland.
You are obligated to state the information requested during the registration process accurately and in a truthful manner, as well as update this information in the event that changes occur (e.g. address, telephone number, e-mail address, etc.). If wefox should suspect incorrect or incomplete information, it may block or terminate your access to wefox at any time. An entitlement to a user account or the use of wefox does not exist.
You agree to use wefox, the services offered herein, as well as the software used by wefox only for the appropriate purpose. wefox serves to allow the use of services offered by wefox. You may not change, process, license, link with other software, integrate in your own services or otherwise utilise wefox, the services offered herein and/or the software used by wefox (or parts thereof) or use wefox, the services offered herein and/or the software used by wefox (or parts thereof) for illegal or immoral purposes.
You are responsible for the safekeeping of your access data (login, password, etc.) and you must keep this data confidential. FinanceApp considers each act executed requiring the disclosure of your access data as an act performed by you. If you suspect misappropriation you must notify FinanceApp immediately.
You must take appropriate precautions to protect and secure your data that you enter in wefox at all times. This concerns, for example, data that you enter in wefox, upload, store, or send to FinanceApp in any form, or that FinanceApp sends you or makes accessible to you in wefox. You must save this data accordingly on a regular basis, taking possible risks into account and create your own backup copies. FinanceApp assumes no liability for this.
If FinanceApp expressly prompts you to print certain information or documents, you are bound to print this data or documents and store them so that they are accessible to you at all times.
4.3. Rights reserved by FinanceApp
FinanceApp may perform wefox updates without prior notification at any time. FinanceApp is entitled to discontinue and/or change wefox (as well as other corresponding wefox services), or block/delete your access to wefox, especially if you violate these GTCs.
FinanceApp may revoke the right that was granted to you to use wefox at any time and without stating any reason.
All contents featured on wefox, such as texts graphics, logos, images etc. are protected by the intangible property copyrights of FinanceApp or third parties whose use of wefox is licensed. The user and business agreement with FinanceApp and/or the use of wefox does not represent an entitlement to its rights.
wefox may reject entering a broker authorisation with you at any time. wefox is entitled to revoke your right to use wefox at any time and without stating a reason.
4.4. Brokers authorisation agreement
By signing the broker’s authorisation, you are contracting wefox to act as an insurance broker on your behalf. In the event of contradicting information in the broker’s authorisation and these GTCs, the provisions outlined in the broker’s authorisation shall prevail.
FinanceApp can only manage and include your existing contracts in wefox, obtain offers for new insurance policies and enable you to enter new insurance contracts with the insurance carrier directly or change/terminate existing insurance via wefox, if you sign a broker’s authorisation agreement with FinanceApp.
If you have signed a broker’s authorisation agreement with FinanceApp, it will also be terminated upon termination of the user and business agreement with FinanceApp. Vice versa, terminating the broker’s authorisation shall also result in the automatic annulment of the user and business agreement.
4.5. Brokerage activities
FinanceApp does not, at any point in time, enter into contracts for you or on your behalf with insurers or third parties. In the event that you enter into an insurance contract via wefox, you are entering the contract directly with the selected insurance company.
If you request new insurance coverage via wefox, FinanceApp shall obtain offers from diverse insurance carriers based on the data and information provided by you, and display these offers in your wefox account. In this regard, FinanceApp will also show you additional information, such as comparisons to offers from other insurers.
The decision if and with which insurer you enter into an insurance contract lies entirely with you. FinanceApp merely provides the technical means for entering the contract via wefox. The contract itself is always entered directly by the policy holder (you) and the insurer.
To the extent wefox offers you this option, you may sign the broker’s authorisation with FinanceApp, insurance contracts with insurance carriers, as well as other documents with the signature function in wefox. You sign on the touchscreen of your device with your finger or an appropriate pen (stylus), or on the website with the appropriate mouse function (or a stylus). This signature will then be inserted at the appropriate place on the document to be signed.
You hereby agree and acknowledge that this signature method is equal to the written form pursuant to OR 12 within the scope of using wefox.
4.7. Methods of communication and consent to recordings
Generally, all communication through wefox takes place electronically (e.g. via messaging and notifications in the App, e-mail, etc.). You agree and acknowledge that this communication method is equal to the written form pursuant to OR 12 within the scope of using wefox.
You acknowledge that data transferred via the Internet or e-mail is, generally, accessible to anyone. FinanceApp cannot guarantee the confidentiality of such data. Data may be lost during transmission, or changed or accessed by unauthorized third parties.
You hereby grant FinanceApp permission to record and store your activities as well as telephone conversations in wefox. If you do not agree, please notify FinanceApp. The address and contact information is available in the imprint. In this case, however, FinanceApp will no longer be able to provide the services offered to you through wefox.
4.8. Data protection and data security
5. Costs and compensation
Your use of wefox is free of charge. Depending on how you access wefox, you may incur third party connectivity costs (costs imposed by in the Internet or telecom provider for Internet use, roaming, etc.). You are responsible for covering these costs.
FinanceApp is financed by the fees imposed on the insurance companies for the administration, management and brokering of the insurance policies (customary brokerage fees and commissions).
6. Liability limitation
FinanceApp strives to provide up-to-date and accurate information in wefox, but does not provide an explicit or implicated guarantee or assurance as to their timeliness, accuracy, reliability or completeness.
FinanceApp strives to make wefox accessible to you in the best possible manner. However, FinanceApp cannot guarantee that you are able to access wefox at all times. FinanceApp is not liable for any failures or disruptions of wefox due to technical reasons (such as faulty hardware, software, maintenance, etc.), or for circumstances beyond the control of FinanceApp (such as force majeure, third party intervention, etc.).
FinanceApp is not liable for loss of data or any consequential damage from it. Please also observe your duty to regularly backup your data (para. 4.2).
FinanceApp is only liable for gross negligence and wilful misconduct. Any further liability of FinanceApp, regardless of their legal basis and with respect to all types of damage and categories, especially for indirect, incidental or consequential damages, is – by the extent permitted by law – excluded. To the extent permitted by law, this limitation of liability also applies to the employees and auxiliary agents of FinanceApp.
FinanceApp does not guarantee or accept liability for contents offered by third parties, which are accessible on wefox (e.g. links to other websites). With regard to the relationship between FinanceApp and you, insurance carriers are considered third parties as well. Therefore FinanceApp shall not be liable for, or guarantee the information provided by insurance carriers and made available/accessible through wefox.
The only exception to the liability limitations of this Clause 6 is the accurate and careful execution of the authorisation agreement within the meaning of OR 398.
7. General provisions
If certain provisions in these GTCs should be (or become) invalid in part or entirely, for any reason, the validity of the remaining provisions in theses GTCs shall not be affected. Existing contracts shall also remain unaffected. FinanceApp will replace the invalid or ineffective provision with a valid provision that meets the intent of the previous invalid provision.
Swiss law shall apply, excluding the conflict of laws and the Vienna Sales Convention. Exclusive place of jurisdiction is, if legally permissible, the place of business of FinanceApp.