Terms of Use

Stand: July 1, 2023 - Version: v2.0.0

2media GmbH with its registered office in Zurich (hereinafter the "Provider") operates the present Internet portal (hereinafter the "Portal"). These Terms of Use govern the rights and obligations of the Provider and the users of the Portal (hereinafter collectively the "Users") in the use of the Portal and for all services provided by the Provider in connection with the Portal.

1. Offer and Use

    1. On the portal, the Provider publishes information on financial and insurance products such as, in particular, service and price comparisons (hereinafter collectively the "Information"), provides advice and mediation in connection with such financial and insurance products as well as other financial and insurance products requested by Users (hereinafter collectively the "Advice and Mediation") and sends information to Users by e-mail newsletter (hereinafter the "Newsletter", collectively hereinafter the "Offer"). The offer does not constitute an invitation or recommendation to purchase or otherwise obtain a service or goods. The offer is non-binding for users.

    2. The offer is directed exclusively at natural persons with unlimited capacity to act who are resident in Switzerland. The offer is available to such persons free of charge and without obligation for private use. Any use by other natural persons or legal entities as well as any commercial use is prohibited. Users waive - if and to the extent permitted by law - all their own claims to commissions and other remuneration from advice and referrals from third parties to the attention of the provider in connection with the offer.

    3. Users have no right to use the portal. Users may be excluded from using the Portal by the Provider at any time without giving reasons. Any use of the Portal that could jeopardize its proper operation is prohibited. Users must refrain from any excessive use of the portal - including automated use.

    4. The provider is entitled to transfer individual or all claims and obligations in connection with the offer to third parties in Switzerland and abroad at any time.

2. Quality

    1. The provider strives for a high offer quality. Nevertheless, the provider cannot give any direct or indirect guarantee or assurance regarding the quality of the offer, such as the up-to-dateness, correctness and completeness of information or newsletters.

    2. Users are obliged to submit only correct and complete information and other data to the provider in order to ensure a high quality of the offer. Users who submit incorrect or incomplete data to the provider are fully liable for all direct and indirect damages incurred by the provider.

    3. Third parties and their partners whose advice and mediation services are provided to Users by the Provider (hereinafter the "Advisors and Mediators") shall in particular be obliged to perform their advice and mediation services vis-à-vis Users with the greatest possible professional competence and care at all times and to fully comply with applicable Swiss law and the applicable professional as well as provider- and industry-specific recommendations, guidelines and other applicable provisions. Users for whom no advice and mediation is possible must be advised by the respective advisors and intermediaries of alternative advice and mediation options, including direct and - where available - free advice and procurement options from the respective providers of the desired financial and insurance products.

    4. For information on the quality of the offer - for example in connection with advisors and intermediaries - the provider is available by e-mail at support@2media.ch.

3. Warranty and liability

    1. The provider operates the portal professionally and carefully. The portal may nevertheless be partially or completely temporarily unavailable, in particular for technical reasons or due to maintenance work. The Provider does not assume any warranty for functions and services in connection with the Portal. The use of the portal is at the risk of the individual user.

    2. The Provider is liable only for direct damages caused by its own gross negligence or intentional acts. Any further liability of the provider for direct damages, especially in case of slight and medium negligence, is explicitly and fully excluded. Any liability of the provider for indirect damages and consequential damages as well as for incorrect, incomplete or outdated information is expressly and fully excluded. Any liability in connection with third parties and auxiliary persons is expressly and fully excluded. In particular, the provider is not liable for any damage caused by consultants and intermediaries or by information and newsletters as well as for damage caused by errors in electronic communication.

    3. Furthermore, the provider is not liable if the obligations arising from these terms of use are only partially or not completely fulfilled due to force majeure. Force majeure shall be deemed to include, in particular, assassinations and explosions, riots, wars and civil unrest, fires and lightning strikes, floods and other natural disasters, epidemics and pandemics, IT security incidents, nuclear accidents, the restriction or interruption of the power supply and other energy supplies and of telecommunications services, strikes, magnetic storms, unforeseen weather conditions and prohibitions ordered by public authorities. Force majeure shall also expressly include the consequences of SARS-CoV-2.

    4. The limitation of liability pursuant to these Terms of Use shall apply irrespective of the respective legal grounds. Any further legally binding liability remains reserved.

4. Data protection

    1. General information on the processing of personal data and the rights of persons whose data is processed in connection with the portal can be found in the provider's privacy policy. If and insofar as the Provider operates the Portal on behalf of the Client, the data protection information on the website of the respective Client shall also apply. The Provider collects and processes the data required to operate the service itself or on behalf of the Client.

    2. The Provider is subject to Swiss data protection law and generally stores personal data and other data on infrastructure in Switzerland. In particular, the Provider collects and processes data that Users themselves transmit or cause to be transmitted to the Provider via forms directly on the portal, via apps connected to the portal or in another way. Such data includes, for example, names, contact addresses, dates of birth, gender, family relationships, newsletter usage information, and requests in connection with counseling and mediation. Further data, such as date and time stamps, IP addresses used, operating systems and browsers used, as well as location information, may be collected by the Provider as a result of portal use.

    3. The Provider may process all collected data for all purposes in connection with portal operation and the offer. Data processing may be carried out for information, marketing, market research, risk assessment and mediation purposes, among others. The Provider is entitled to retain data for as long as it is required for the respective purpose or purposes, but for at least ten years. The Provider shall take appropriate technical and organizational measures to ensure data security commensurate with the risk.

    4. Users who obtain information, advice and mediation from the Provider via the portal expressly agree that the data collected and processed for this purpose by the Provider may be transferred to third parties such as, in particular, advisors and mediators . This consent also applies to personal data requiring special protection and to data subject to professional confidentiality. Consultants and intermediaries are obliged to fully comply with Swiss data protection law at all times.

    5. Users who obtain information as well as advice and mediation from the provider via the portal expressly agree to receive information from the provider via e-mail newsletters and other electronic communication channels. Data that the Provider collects and processes from Users for the purpose of sending newsletters may also be used in connection with other portals of the Provider, in particular for sending newsletters via such other portals and the services offered there. Users may object to the sending of newsletters at any time.

    6. The Provider will be happy to answer any queries relating to data protection by e-mail at datenschutz@2media.ch.

5. Final Provisions

    1. With their use of the portal, users acknowledge these terms of use. The provider can adjust these terms of use at any time and without giving reasons. The current terms of use as published on the portal shall apply. If users do not agree to a change in these terms of use, further use of the portal is not permitted.

    2. If any provision of these terms of use proves to be unenforceable, invalid or ineffective, the enforceability, validity and effectiveness of the remaining provisions shall not be affected thereby. In this case, the parties undertake to replace the unfulfillable, invalid or ineffective provision with a fulfillable, valid or effective provision that comes closest in content and economic terms to the original intention of the parties.

    3. The portal use and these Terms of Use are subject exclusively to Swiss law with exclusive place of fulfillment and jurisdiction at the registered office of the Provider. This does not apply to disputes arising from consumer contracts, where consumers can always sue at their own place of residence. The United Nations Convention on Contracts for the International Sale of Goods does not apply.