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Terms

0 Preamble

Who are we?

We, FinanceFox Germany GmbH are the operators of the internet-platform www.wefox.de. We are insurance company brokers pursuant to § 34d section, Commercial Code, with more than 50 years experience in the insurance industry. We are registered in the trade register at the District Court Charlottenburg, HRB (trade registry number) 170236 B. We do everything in our power to provide reputable and modern services to our customers. We utilize all digital options in combination with consulting services.

What is our specialty in the brokers market?

We exclusively collaborate with consultants that meet the statutory requirements. According to the customer’s wishes, we provide these services through traditional field work, as well as through modern consulting technologies and a claim-service hotline at the service center. Each customer is assigned individual contact persons, which have access to the network competencies. This enables us to provide high-quality consulting services in the private household sector, as well as all options of modern digital contract management.

Principles / our customers

We constantly strive to meet our principle “Independence – Quality – Integrity“. Independence through our economical independence from any product provider, integrated in the unique business direction of classic consulting with all digital options. Our target groups are primarily modern private households interested in the opportunities the Internet has to offer. Singles, as well as families. Students, as well as over-60s. Amongst other aspects, our quality and integrity is also confirmed by our memberships in the recognized associations BVK Bundesverband der Versicherungskaufleute e.V. (Federal Association of Insurance Brokers) (www.bvk.de) and AFW Bundesverband Finanzdienstleistung e.V. (Federal association of Financial Services) (www.afw-verband.de). We promote and comply with their high-level standards.

What do we do for you?

We actively and passively represent our customers in any insurance matter. In accordance with you we help you enter into new contracts, as well as change and cancel existing contracts for you. We only act upon your explicit consent. All insurance offers are monitored and governed by the Federal Financial Supervisory Authority. You can manage your existing contracts on our online-portal, www.wefox.de, on your PC, or on conventional portable devices, such as laptops and smartphones.

1 THE ESSENTIALS:

  • FinanceFox Germany GmbH is operating a digital service for managing, requesting offers for and entering into insurance contracts for legal adults with a valid mailing address in Germany under the name of «wefox» with wefox-App and www.wefox.de.
  • wefox is registered as an insurance brokerage company at the IHK (Chamber of Commerce and Industry of Berlin) under the broker number D-WEU0-PZ33R-32.
  • 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 contract between you and wefox.
  • The use of wefox is free of charge.

2 HOW WEFOX WORKS:

  • You register free of charge and authorize 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 wefox, which will then be made available to you on the wefox App. You will have immediate digital access to all important information worldwide.
  • If you care to amend or optimize 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.

3 GENERAL TERMS AND CONDITIONS (GTCs)

These General Terms and Conditions for Germany (“GTCs”) shall govern the agreement between you, the user of FinanceFox Germany GmbH (hereafter “wefox”), via App, Website, as well as any other form of communication (such as telephone, e-mail, fax, etc.). Upon entering a broker contract with wefox, these GTCs shall apply in addition to the broker mandate.

3.1 AREA OF APPLICABILITY

These GTCs shall govern the agreement between you, the user of FinanceFox Germany GmbH (hereafter “wefox”), via App, website, as well as any other form of communication (such as telephone, e-mail, fax, etc.). The wefox Privacy Policy shall apply additionally.

These GTCs shall also apply for all future servitude and business relations between you and wefox, unless other General Terms and Conditions have been explicitly agreed upon in the interim.

When using wefox, you may be using 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.

3.2 SERVICES

3.2.1 WEFOX

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.de.

The use of wefox is subject to registration. The registration is also free of charge.

3.2.2 WEFOX GERMANY GMBH

wefox is operated by FinanceFox Germany GmbH HRB 170236 B. The address and contact information is available in the Imprint.

wefox is registered with the IHK (Chamber of Commerce and Industry of Berlin) as an insurance brokerage company (registration number: D-WEU0-PZ33R-32, publicly accessible at www.vermittlerregister.info).

3.3 AREA OF APPLICABILITY AND AMENDMENT OF THESE GTCs

By registering with wefox, you explicitly agree with and consent to these GCTs. Deviating and/or supplementary provisions require the explicit written consent by a wefox managing director.

These GTCs shall be valid in its current versions at the time of registration. You shall agree to these GCTs for the duration you are using wefox. You may access a current version of these GTCs at any time, either on the wefox App, or online at www.wefox.de/en/AGB.

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.

3.4 TERMS OF USE

3.4.1 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. wefox shall grant you the right to use wefox for the duration of the user and business agreement.

Your existing insurance policies are not subject to change when registering with wefox. wefox shall only act as an insurance broker on your behalf, if you explicitly instruct and authorize wefox to do so (see number 3.4.5 below).

You may request that wefox deletes your user account at any time. Please contact [email protected]. The regulations for data processing beyond the user and business agreement, as well as information regarding the deletion of your data are available in the wefox Privacy Policy at www.wefox.de/en/privacy.

If you have entered a broker authorization agreement with wefox, it will also be terminated upon the termination of the user and business agreement. Vice versa, terminating the broker authorization shall also result in the automatic annulment of the user and business agreement.

wefox can only broker life insurance policies and services with investment options if you provide identification. You must verify your identity with a recognized government ID. The ID must feature a photograph and meet the passport and identification requirements.

3.4.2 INITIAL INFORMATION

In accordance with § 11 section 1, Insurance Brokerage ACT, wefox must provide information upon first contact. This information provision has been legally mandated since 2007. It demonstrates our brokerage activity. In addition, all contact data of ombudspersons shall be disclosed. The aforementioned are also responsible for representing your interests in the event of disputes. This initial information is accessible and can be downloaded at (Erstinformation).

3.4.3 YOUR OBLIGATIONS

Only natural persons of legal age with a valid address in Germany may register. The aforementioned may also represent private companies or legal entities. You are confirming these conditions with your registration.

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 enables you to use the services provided by wefox. You may not change, process, license, link with other software, integrate in your own services or otherwise utilize wefox, or use for illegal or immoral purposes, the services offered herein and the software used by wefox (or parts thereof).

You are responsible for the safekeeping of your access data (login, password, etc.) and you must keep this data confidential. wefox considers each act executed requiring the disclosure of your access data as an act performed by you. If you suspect misappropriation you must notify wefox at [email protected] immediately.

3.4.4 RIGHTS WEFOX RESERVED BY WEFOX

wefox may perform wefox updates without prior notification at any time. wefox 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.

All contents featured on wefox, such as texts graphics, logos, images etc. are protected by the intangible property copyrights of wefox or third parties whose use is licensed by wefox. The use and business agreement with wefox and/or the use of wefox does not represent an entitlement to its rights.

wefox may reject entering a broker authorization with you at any time. wefox is entitled to revoke your right to use wefox at any time and without stating a reason.

3.4.5 BROKER’S AUTHORIZATION

You are contracting wefox to act as an insurance broker on your behalf by signing the broker authorization. In the event of contradicting information in the broker authorization and these GTCs, the provisions outlined in the broker authorization shall prevail.

wefox can only enter and manage your existing contracts, obtain offers for new insurance policies and enable you to enter new insurance contracts with the insurance carrier directly or change/terminate existing insurance if you sign a broker authorization with wefox.

If you have signed a broker authorization with wefox, it will also be terminated upon termination of the user and business agreement. Vice versa, terminating the broker authorization shall also result in the automatic annulment of the user and business agreement.

3.4.6 BROKERAGE ACTIVITIES

wefox only enters contracts with insurance companies for you, or on your behalf upon your consent. As a result, you are entering the contract directly with the insurance company selected.

If you want to request new insurance coverage through wefox, wefox shall obtain offers from diverse insurance carriers based on the data and information provided, and display these offers in your wefox account.

wefox provides the technical means for entering the contract. The contract is always executed between the insurance company and the insurance holder.

wefox can only broker life insurance with investment options if you provide the appropriate identification. The verification is provided by submitting (e.g. photographing and transmitting) a valid government ID. The ID must feature a photo and meet the passport and identification requirements.

3.4.7 SIGNATURES

To the extent wefox offers you this option; you may sign the broker’s authorization with wefox, 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 agree and acknowledge that this signature method is equal to the written form pursuant to BGB § 126 (German Civil Code) within the scope of using wefox.

If the insurance company requires a physical signature we will send you a printed document to the address in your account.

3.4.8 COMMUNICATION METHODS AND RECORDING CONSENT

Generally, all communication through wefox takes place electronically (e.g. via messaging in the App, e-mail, etc.). You agree and acknowledge that this communication method is equal to the written form pursuant to BGB § 126 (German Civil Code) within the scope of using wefox.

You hereby grant wefox permission to record and store your activities as well as telephone conversations in wefox. If you do not agree, please notify wefox. The address and contact information is available in the Impressum. However, in this event, wefox will not be able to provide the services offered by the company.

3.4.9 PRIVACY ACT AND DATA SECURITY

The regulations regarding the privacy act and data security are available in the wefox Privacy Policy at www.wefox.de/en/privacy.

In an effort to transfer the data as securely as possible, wefox encrypts the data using TLS 1.2 (Transport Layer Security, which is amongst the most secure technologies). This type of encrypted data transfer applies especially to all personal data.

3.5 COST 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 provider or telecom provider for internet use, roaming, etc.). You are responsible for covering these costs.

wefox 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).

3.6 LIABILITY LIMITATION

In the event of negligent violation of contractual obligations resulting from these GTCs, the liability of wefox is limited to the amount mandated by the lawmakers within the framework of mandatory insurance for insurance brokers.

Effective until 01/15/2018 (next adjustment period), liability is limited to the amount of € 1,230,000.00 per damage claim. The annual total payout for asset damages is € 1,850,000.00. This is based on § 34d section 2, Commercial Code, in cohesion with § 9, Insurance Broker Act.

wefox agrees to maintain mandatory insurance for the duration of its activities.

Please be advised that the coverage amount and annual total included in the mandatory insurance is subject to adjustment every 5 years pursuant to the European consumer price index (EVP), and acknowledge the amount respectively valid mandatory insurance sum as the liability limit. If, in exceptional cases, a higher risk of damages exists in your opinion, please notify wefox. wefox will then attempt to achieve the desired increase. You must take responsibility for covering the expenses resulting from obtaining the increased amount.

Entitlements to damage claims resulting from these GTCs, due to negligent obligation violations, are subject to a statute of limitation of three years. The statute of limitation becomes effective at the time you have become aware of the damages and the claimant, or if you should have been aware of the circumstance in absence of gross negligence.

Damage claims resulting from intent or gross negligence, or from injury to life, body or health are not subject to limitations of liability or shorter statutes of limitation, in these cases the statutory regulations shall apply exclusively.

wefox is only liable for deficiencies or errors on the wefox internet-platform, iOS App and Android App if these deficiencies or errors have been maliciously concealed. wefox is not liable for interruptions beyond its scope of control. This includes for example:

  • overly exhausted lines or
  • failure of telecommunication connections.

wefox strives to make wefox accessible to you in the best possible manner. However, wefox cannot guarantee that you are able to access wefox at all times. wefox is not liable for any failures or disruptions due to technical reasons (such as faulty hardware, software, maintenance, etc.), or for circumstances beyond the control of wefox (such as higher powers, third party intervention, etc.).

wefox attempts to provide updated and accurate information, but does not provide an explicit or implicated guarantee or promise with regard to accurate, correct, reliable or complete information.

wefox 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 wefox and you, insurance carriers are considered third parties as well. Therefore wefox shall not be liable for, or guarantee the information provided by insurance carriers and made available/accessible through wefox.

Our limited liability outlined here also applies to:

  • our employees and sub-contractors and
  • other third parties assisting us in fulfilling our obligations.

3.7 CONSENT TO CONTRACT TRANSFER

All rights and obligations outlined in this contract shall be assumed by potential legal successors or entities purchasing the broker’s company. This applies especially to the broker authorization and the customer’s consent with regard to his data.

If support services for the brokered or supported customer contracts are sold or transferred to another company, the customer will be notified in advance and in writing. If the customer does not declare his intent to terminate this contract within 3 weeks upon receipt of the memorandum it is considered consent to the transfer. The customer is to be advised of his right to terminate in the message.

3.8 FINAL 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. This also applies for the absence of provisions in these GTCs.

Existing contracts shall also remain unaffected. wefox will replace the invalid or ineffective provision with a valid provision that meets the intent of the previous invalid provision.

If wefox enters supplemental agreements deviating from these GTC’s, these agreements must be documented in writing for validity. Otherwise the new provisions shall not be valid. This also applies to the written form clause as well.

We reserve the right to impose biased changes under the following circumstances:

  • if the laws change
  • if the conditions on the base market change

We will send you the amended paragraphs or GTCs in text form before the validity status becomes effective. We will advise you of the new paragraphs, as well as the planned date of effectiveness.

The Law of the federal Republic of Germany shall apply. The United Nations Convention on Contracts for the International Sale of Goods, as well any international conflict rule shall be excluded.

Berlin shall be agreed upon as the exclusive legal venue for all legal disputes resulting from this contract. If other provisions are legally mandated, wefox shall oblige.

4 Withdrawal from the contract

Right of withdrawal

You have the right to withdraw from the contract within fourteen days without giving a reason.

The withdrawal period is fourteen days from the date of contract.

To exercise your right, you have to let us, FinanceFox Germany GmbH, Urbanstr. 71, 10967 Berlin, Email: [email protected], by way of an unambiguous statement (e.g. a letter sent by mail or e-mail) know about your decision to withdraw from this contract. You can use the attached withdrawal template, however it is not mandatory to use this exact template.

The withdrawal deadline shall be met, if you send your statement, exercising the withdrawal right, before the end of the withdrawal period.

Effects of the withdrawal

In the case of an effective cancellation the mutually received benefits are to be returned immediately.

The cancellation template can be found here.

End of indoctrination of the withdrawal right

Template-Withdrawal

(If you want to cancel the contract, please fill out this form and send it back)

To FinanceFox Germany GmbH, Berliner Str. 73, 10713 Berlin:

Hereby do I/we withdraw from the contract entered into for the purchase of the following products (*) / provision of the following services (*)

  • Ordered on (*)/ received on (*)
  • Name of the consumer
  • Address of the consumer
  • Signature of the consumer (only if submitted in paper form)
  • Date

(*) Delete as applicable.


Status 27.10.15