Terms 2018-09-12T11:18:30+00:00
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General terms and conditions

wefox Germany GmbH 05/2018

The wefox brand is used by

FinanceApp AG

Stampfenbachstr. 138
CH 8006 Zurich, Switzerland
CHE – 375.651.476 HR Canton Zurich

to distribute online services for insurance brokers.

wefox Group Services (GER) GmbH

Urbanstrasse 71
10967 Berlin, Germany
HRB 171284 B Charlottenburg Local Court

commercially operates an app and a software portal to distribute the wefox brand on behalf of FinanceApp AG as a software provider (the wefox app and the wefox service portal). Within the scope of the wefox app and the wefox service portal, insurance clients are able to manage their insurance contracts and utilise the services of insurers. Use of the wefox app and the wefox service portal is oriented according to the special usage contract.

wefox Germany GmbH offers services under the wefox brand within the wefox app and the wefox service portal as an insurance intermediary in the form of an “insurance broker”. However, as a broker client, you are also able to contact us directly at any time.

Area of application

1.1. The general terms and conditions (GT&Cs) regulate the completion of your contractual relationship with wefox Germany GmbH as a broker client, beginning with the time when power of attorney is awarded (mandating).

1.2. Insurance provision includes offering, suggesting, recommending, and implementing other preparation work to complete insurance contracts, completion of insurance contracts on your behalf, or cooperation on their administration and fulfilment, especially in case of damages. As required, consulting regarding insurance products may also be utilised on the basis of a comprehensive market analysis.

1.3. As an insurance broker, wefox Germany GmbH must act in the best interests of the insurance client. All services shall be provided according to legal provisions on the basis of the contract for which you have awarded power of attorney to provide broker services.

1.4. If required to fulfil the awarded contract, wefox Germany GmbH may engage external service providers, e.g. IT service providers or other brokers in your area. For details, please refer to our data protection declaration at:

www.wefox.de

1.5. Your contractual relationship with wefox Germany GmbH shall be subject to the respective currently valid general terms and conditions and the wefox data protection declaration. Both documents are available to you at any time at:

www.wefox.de

1.6. The activities of wefox Germany GmbH are spatially limited to Germany.

1.7. If you use the wefox App or the wefox service portal to complete your broker contract, it is possible that you will also simultaneously utilise the products and services of other providers (e.g. Internet providers, mobile network providers, etc.). Utilisation of these products and services shall be subject to the separate terms of these providers.

Broker power of attorney

2.1. If you register via the wefox app or the wefox service portal, this shall not affect the content of your existing insurance contracts.

2.2. If you award us broker power of attorney through use of the wefox app or the wefox service portal, this shall result in a broker contract. In this case, you engage wefox Germany GmbH to provide services as an insurance broker. The exact scope of the ordered services shall result from the respective power of attorney awarded or the associated correspondence.

2.3. To fulfil your broker contract, it shall be necessary to request information about your existing insurance contracts with the insurance providers indicated by you.

2.4. Broker power of attorney awarded to wefox Germany GmbH shall also be terminated upon termination of your usage agreement with wefox Group Services (GER) GmbH.

2.5. We shall be entitled to reject broker power of attorney together with you or to continue an existing broker agreement at any time. As required, the right to use wefox granted to you may be revoked at any time.

Insurance broker obligations

3.1. wefox Germany GmbH and third parties engaged with processing a broker agreement fulfil the legal requirements specified for conducting this business.

3.2. Upon request, you may either order procurement of certain insurance services, or agree to consulting on the basis of a balanced market analysis.

3.3. Within the scope of procurement, you shall receive the product that you have selected. All information documents shall be transferred to you in good time so that you may check the suitability yourself. If possible, any questions that result shall be answered.

3.4. If you request consulting, an appropriate risk analysis and a suitable coverage concept shall be created for you, which shall be used as a basis for recommendations as needed. Risk analysis and the coverage concept each include only the ordered scope (either individual insurance branches or comprehensively) and are based exclusively on the information provided by you. On this basis, you shall receive corresponding technical advice and explanations according to your own needs. Development of a suitable coverage concept is not possible in case of incorrect or incomplete information.

3.5. The coverage concept includes recommendations about the best possible insurance protection offered by our cooperation partners according to the circumstances of the individual case. Insurance contracts may be completed easily and smoothly via the wefox app or the wefox service portal as required.

3.6. Provided continuous support has been agreed to, we shall confirm the suitability of the coverage concept completed at appropriate intervals and inform you regarding required changes as necessary.

3.7. Recommendations shall be provided after a corresponding processing period in consideration of the coverage scope, price-performance ratio, and the solvency of the respective insurance companies in question. During provision of a recommendation, other criteria besides the amount of the insurance premium and the scope of coverage, e.g. the technical skill of the insurance company, its management of damage processing, contract periods, the option to terminate damage cases, and the amount of the excess must be considered as evaluation criteria.

3.8. The insurance broker shall be obligated to check the formal completion of insurance protection.

Client cooperation duties

4.1. We require all materially relevant information and documents concerning your insurance and investment situation to provide an in-depth evaluation of the individual framework conditions and to provide you the best possible insurance protection according to the circumstances of the individual case. For this reason, you are obligated to provide us all documents and information required for completion of the services ordered completely and in good time and to inform us regarding all circumstances that could be relevant to the services described. The information and documents received from you shall be used by us as the basis for provision of our services (e.g. continuous support), provided they do not obviously include incorrect information.

4.2. If required, you shall be obligated to enable risk evaluations by us or insurance companies following prior announcement and appointment confirmation, to participate in this yourself as required, and to indicate special risks independently.

4.3. You hereby confirm your understanding that for effective completion of insurance protection, acceptance of your application for insurance by the insurance company is required, provided nothing otherwise has been explicitly agreed to. A period without any coverage may therefore result between application of an insurance contract and its acceptance by the insurance company. Reported damage on your behalf or a review order on behalf of the insurer shall not necessarily entail coverage or service.

4.4. As an insurance client, you must honour your obligations on the basis of the law and adhere to the respective applicable insurance conditions in case of applications or insurance claims. Failure to honour these obligations may result in release of the insurer from their service obligations. In addition to legal and contractual obligations, obligations shall also include the duty to provide correct and complete information on application forms, to report occurring damage immediately, and to limit this damage as far as possible.

4.5. Life insurance and other services in connection with an investment objective may only be procured or utilised if you identify yourself by submitting a valid travel document.

4.6. If you violate the conditions of these general terms and conditions, we may terminate your broker contract, and wefox Group Services (GER) GmbH may apply to block your access to the wefox app and the wefox service portal.

Costs

5.1. wefox Germany GmbH shall receive industry-standard commission from providers of insurance contracts for procurement and support of insurance contracts.

5.2. No additional costs shall result from use of the wefox app or the customer portal.

Liability

6.1. In case of culpable negligent violation of obligations by wefox Germany GmbH or its auxiliary agents, liability shall be limited to the sum that is indicated by the law within the scope of the obligatory insurance that must be maintained by insurance intermediaries.

6.2. Up until 15.01.2018 (the next adjustment period), liability shall be limited to an amount of 1,230,000 euros per damage case. The annual overall amount for financial damages shall be 1,850,000 euros. The basis for this is Section 34d Para. 2 GewO in connection with Section 9 Versicherungsvermittlerverordnung.

6.3. If there is a risk of increased damage in individual cases from your perspective, increased liability coverage may be agree to, depending on the risk. The costs resulting from the agreed increase shall be borne by you.

6.4. In case of damage compensation claims that result from intentional or grossly negligent actions or that result in physical damage, no liability limits shall apply.

6.5. In case of defects or errors in the wefox app or the wefox service portal, wefox Germany GmbH shall only be liable is these defects or errors have been maliciously kept a secret. In particular, we shall not be liable for faults that we cannot influence. This shall include, for example, overloaded lines or the failure of telecommunications connections.

Communication and contract completion

7.1. Communication may take place via the wefox app, the wefox customer portal at www.wefox.de, and via the various other regular communication media (telephone, e-mail, fax, etc.).

7.2. When you register via the wefox app and/or the wefox service portal, you agree to electronic communication with wefox Germany GmbH.

7.3. If legally possible and planned in the wefox app and the wefox service portal, you may complete the contracts offered by wefox users via the electronic signature function (Signpad signature). To do this, sign on the touch screen of your device with your finger or a corresponding device (stylus), or use the corresponding mouse movements or a stylus on the website. Your Signpad signature will then be inserted into the respective documents in place of your own written signature for documentation of your electronically awarded agreement.

7.4. You hereby declare your consent that within the scope of use of wefox, electronic communication and your Signpad signature shall be equivalent to the written form, provided nothing else is legally required.

7.5. wefox Germany GmbH may provide messages to you at any time via your internal inbox in the wefox app or at the wefox service portal. Correspondence directed at you shall qualify as received once it enters your electronic inbox or another e-mail address indicated to us.

7.6. Your last known address indicated in the wefox app or the wefox service portal shall apply as the receiving address for postal deliveries (provided this is required).

7.7. You confirm that you due to separately occurring, technically unavoidable errors, the transfer of e-mails may cause data to be erroneously lost, falsified, or revealed. We shall only be liable for consequences that may result from this in case of our own culpability.

7.8. You shall be responsible for safe storage of your access data (login, password, etc.) for your user account. All activities that take place via your access data shall qualify as completed by you vis-a-vis wefox Germany GmbH. We therefore recommend that you treat your access data confidentially. In case of suspicion of abuse, please inform us about this immediately ([email protected]).

Cancellation of insurance contracts

8.1. Property insurance contracts may be cancelled within 14 days and life insurance contracts within 30 days without indicating any reasons. The cancellation period shall begin with the day of contract completion. Please refer to the contract documents of your insurer for the cancellation policy of your individual contract.

8.2. To exercise your cancellation rights, you may either contact your insurer directly or us via the address indicated below or by sending an e-mail to

[email protected]

You may use the attached sample cancellation form for this, but this is not required.

8.3. To fulfil the cancellation period, it is sufficient to submit notification that the cancellation right is being exercised prior to expiry of the cancellation period.

8.4. In case of effective cancellation of an insurance contract, your insurance protection will terminate retroactively. Provided this is included, the repayment value of your life insurance shall be paid out.

Termination of an insurance contract

9. You may terminate your insurance contracts according to the general insurance conditions. In this case, simply contact the respective insurer directly or contact your support partner at:

[email protected]

Termination or cancellation of a broker contract

10.1. You may cancel a broker contract completed with wefox Germany GmbH at any time free of charge and without indicating any reason or withdraw awarded broker power attorney.

10.2. To cancel the power of attorney awarded to us or to terminate your broker contract, it is sufficient to send a brief e-mail to:

[email protected]

10.3. Terminating or cancelling your broker contract or the power of attorney awarded to us, this shall not affect your existing insurance contracts. In case of a cancellation or termination of your broker contract or the broker power of attorney awarded to us, wefox Group Services (GER) GmbH shall apply to block your access to the wefox app or the wefox service portal and to block all of the data provided by you for additional data processing until the end of legal storage periods. After expiry of the legal storage periods, your data will be deleted irrevocably.

Sample cancellation form

11. General sample cancellation form:

wefox Germany GmbH
Urbanstrasse 71
10967 Berlin, Germany

I/we hereby cancel (*) the contract I/we (*) completed for (*)/provision of the following services (*) Dated [date]

Name of the consumer(s)
Address of the consumer(s)

Signature of the consumer(s) (only in case of notification on paper)

Date

(*) strike our inapplicable.

Storage, information, and correction

12.1. Your insurance-relevant data shall be stored for the complete duration of your contractual relationship until expiry of the legal storage periods. Legal storage periods may vary according to the object of data processing and amount to up to ten years.

12.2. wefox Germany GmbH only stores the data provided by you yourself during use of the wefox app or entered into the wefox service portal or transferred or collected by third parties on your behalf. Provided nothing else has been agreed to, all data collected shall be used exclusively for fulfilment of the broker agreement.

12.3. At any time, you are entitled to free transfer or reporting concerning your data stored with us via the wefox app or the wefox service portal, about the locations that have processed your data, and about where your data are stored. In this case, simply contact us by mail (for the address, see footer), or write a brief e-mail to:

[email protected]

General

13.1. Preservation of validity: If individual provision of these general terms and conditions are invalid or cannot be implemented or become unable to be implemented this shall not affect the remaining contract.

13.2. Legal successor: All of the rights and obligations listed in this contract shall pass on to the possible legal successor. Sale and/or transfer of the transfer of support of your contracts to another company shall be indicated to you in advance together with your right to cancellation.