Terms of Use

2media GmbH, with its registered office in Zurich (hereinafter the “Provider”), operates this 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”) with respect to the use of the Portal and all services provided by the Provider in connection with the Portal.

Offer and Use

On the Portal, the Provider publishes information on financial and insurance products, including in particular service and price comparisons (hereinafter collectively the “Information”), facilitates advice and brokerage/mediation in connection with such financial and insurance products as well as additional financial and insurance products requested by Users (hereinafter collectively “Advice and Brokerage”), and sends information to Users via email newsletters (hereinafter the “Newsletters”; collectively, the “Offer”).

The Offer does not constitute an invitation or recommendation to purchase or otherwise obtain any service or product. The Offer is non-binding for Users.

The Offer is addressed exclusively to natural persons who have full legal capacity and are domiciled 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 by legal entities, as well as any commercial use, is prohibited.

To the extent permitted by law, Users waive any potential claims of their own to commissions or other remuneration arising from advice and brokerage by third parties in favour of the Provider in connection with the Offer.

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

Quality

The Provider endeavours to ensure a high quality of the Offer. However, the Provider cannot give any direct or indirect warranty or assurance regarding the quality of the Offer, such as the timeliness, accuracy and completeness of Information or Newsletters.

Users are obliged to provide the Provider only with correct and complete information and other data in order to enable a high quality of the Offer. Users who provide incorrect or incomplete data are fully liable for all direct and indirect damage incurred by the Provider as a result.

Third parties and their partners whose advice and brokerage are arranged for Users by the Provider (hereinafter “Advisors and Brokers”) are required, in particular, to perform their services for Users at all times with the highest possible level of professional competence and due care, and to fully comply with applicable Swiss law as well as the relevant professional and provider- or industry-specific recommendations, guidelines and other applicable rules.

If advice and brokerage is not possible for certain Users, the respective Advisors and Brokers must inform such Users about alternative advisory and brokerage options, including direct options and—where available—free-of-charge advisory and purchase options offered by the providers of the requested financial and insurance products.

For feedback regarding the quality of the Offer (for example in connection with Advisors and Brokers), the Provider can be contacted by email at support@2media.ch.

Warranty and Liability

The Provider operates the Portal professionally and with due care. Nevertheless, the Portal may be temporarily unavailable in whole or in part, in particular for technical reasons or due to maintenance work. The Provider does not provide any warranties for functions and services in connection with the Portal. Use of the Portal is at each User’s own risk.

The Provider is liable only for direct damage caused by its own gross negligence or wilful misconduct (intent). Any further liability of the Provider for direct damage, in particular in cases of slight or medium negligence, is expressly and fully excluded.

Any liability of the Provider for indirect damage and consequential damage, 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 Advisors and Brokers, or by Information and Newsletters, or for damage caused by errors in electronic communication.

Furthermore, the Provider shall not be liable if obligations arising from these Terms of Use are performed only partially or not at all due to force majeure. Force majeure includes, in particular, attacks and explosions, riots, wars and civil unrest, fires and lightning strikes, floods and other natural disasters, epidemics and pandemics, IT security incidents, nuclear accidents, restrictions or interruptions of electricity and other energy supplies as well as telecommunications services, strikes, magnetic storms, unforeseen weather impacts, and government-ordered bans. The consequences of SARS-CoV-2 are explicitly considered force majeure.

The limitation of liability under these Terms of Use applies regardless of the legal basis of the claim. Any mandatory statutory liability that cannot be excluded remains reserved.

Data Protection

General information on the processing of personal data and on the rights of individuals 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 a client, the data protection notices on the relevant client’s website also apply. The Provider collects and processes the data necessary to operate the Offer itself or on behalf of a client.

The Provider is subject to Swiss data protection law and, as a rule, stores personal data and other data on infrastructure located in Switzerland. The Provider collects and processes in particular data that Users submit (or cause to be submitted) to the Provider directly via forms on the Portal, via apps connected to the Portal, or in any other manner. Such data may include, for example, names, contact details, dates of birth, gender, family relationships, information about newsletter use, as well as requests and preferences relating to advice and brokerage. Further data such as date and time stamps, IP addresses used, operating systems and browsers, and location data may also be generated through the use of the Portal.

The Provider may process all collected data for all purposes in connection with operating the Portal and providing the Offer. Data processing may include, among other things, information, marketing, market research, risk assessment and brokerage purposes. The Provider is entitled to retain data for as long as it is required for the relevant purpose(s), but at least for ten (10) years. The Provider implements appropriate technical and organisational measures to ensure a level of data security appropriate to the risk.

Users who receive Information and/or Advice and Brokerage arranged by the Provider via the Portal expressly consent to the transfer of the data collected and processed for this purpose to third parties, in particular to Advisors and Brokers. This consent also applies to sensitive personal data and to data subject to professional confidentiality. Advisors and Brokers are obliged to comply at all times with Swiss data protection law.

Users who receive Information and/or Advice and Brokerage arranged by the Provider via the Portal also expressly agree to receive information from the Provider via email newsletters and other electronic communication channels. Data collected and processed by the Provider for newsletter distribution may also be used in connection with the Provider’s other portals, in particular for newsletter distribution via such other portals and the services offered there. Users may object to newsletter distribution at any time.

For data protection inquiries, the Provider can be contacted by email at datenschutz@2media.ch.

Final Provisions

By using the Portal, Users acknowledge and accept these Terms of Use. The Provider may amend these Terms of Use at any time and without stating reasons. The currently applicable Terms of Use as published on the Portal shall apply. If Users do not agree with an amendment, they are not permitted to continue using the Portal.

Should any provision of these Terms of Use be found unenforceable, invalid or ineffective, the enforceability, validity and effectiveness of the remaining provisions shall not be affected. In such case, the parties undertake to replace the unenforceable, invalid or ineffective provision with an enforceable, valid and effective provision that comes as close as possible to the original intent of the parties in content and economic effect.

Use of the Portal and these Terms of Use are governed exclusively by Swiss law, with the exclusive place of performance and jurisdiction at the Provider’s registered office. This does not apply to disputes arising from consumer contracts, where consumers may also bring claims at their place of residence. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.