General Terms and Conditions of bankentracker.ch


Content

  1. Contracting Parties
  2. Contract Conclusion
  3. Contract Scope
  4. Rights and Obligations of the Provider
  5. Rights and Obligations of the Customer
  6. Fees and Payment Terms
  7. Intellectual Property
  8. Warranty of the Provider for the Services
  9. Liability of the Provider
  10. Liability of the Customer
  11. Force Majeure
  12. Miscellaneous
  1. Contracting Parties
    1. You and MM Asset Solutions GmbH, Grundstrasse 22a, 6343 Risch-Rotkreuz, Grundstrasse 22a, 6343 Risch-Rotkreuz (hereinafter referred to as „Provider“) expressly agree to the following terms and conditions as integral part and basis of your contract for the use of the services provided by bankentracker.ch.
    2. You can only be Party to this contract, if you and/or your company have your registered domicile in Switzerland.
    3. The minimal investment sum is CHF 50‘000.-, as a reasonable investment activity is not recommendable below this amount.
    4. The Provider reserves the right to refuse any customer without giving reasons.
  2. Contract Conclusion
    1. This contract is concluded exclusively electronically via the website www.bankentracker.ch. The information published by the Provider on its website is not to be construed as a recommendation nor an invitation to buy or sell any products or services. If the customer wishes to see or to buy respectively, the full analysis of the potential savings for the individual investment profile (hereinafter referred to as “cost analysis” or “Services”) on the basis of the overview of the saving potential the Provider created from the questionnaire free of charge, the customer has to place a respective order on the website of the Provider and provide explicit consent during the purchase process to these General Terms and Conditions and further conditions of use (e.g. the terms of the payment provider at https://stripe.com/ch/terms and its Privacy Policy at https://stripe.com/ch/privacy, the bankentracker.ch Disclaimer Payment-Providers and the bankentracker.ch privacy policy Privacy Policy). By concluding the payment process, the customer offers to conclude the contract for the use of the Services of the Provider. After conclusion of the payment process and the receipt of the offer by the Provider, the customer will see an automated confirmation of the purchase order in the browser. The contract between the customer and the Provider is concluded with the Provider‘s acceptance of the offer.
    2. Other than giving a valid email address in order to pay for the cost analysis, a registration is not necessary. The customer can deposit an email address with the Provider, so the Provider can send a personal URL to the customer from which the acquired cost analysis can be accessed. If the customer does not state a valid email address, the customer undertakes the responsibility to save the acquired cost analysis from the browser accordingly.
  3. Contract Scope
    1. The Provider provides to the customer via www.bankentracker.ch a quantitative (cost) and qualitative (relating to individual requirements) comparison of trading, investment consulting and wealth management services by Swiss banks. This contract governs the use of these Services by the customer.
  4. Rights and Obligations of the Provider
    1. On the basis of the responses in the questionnaire, the customer can order an investment profile or a cost analysis as a Service from the Website.
    2. The investment profile is based on the customer responses in the questionnaire . After ordering, the investment profile and the cost analysis cannot be changed anymore. The fees of trading, investment consulting and wealth management services by Swiss banks will be adjusted regularly, and the date of validity is always stated on the cost analysis.
    3. The full cost analysis is displayed in the browser once the customer concluded the payment process, and a link is sent to the specified email address. If the email is not specified or not specified correctly, the customer undertakes the responsibility to save the displayed cost analysis accordingly from the browser. In this case the Provider cannot send the acquired cost analysis and/or the URL respectively via email and the Provider is not in default. In such cases the customer may contact the Provider at [email protected] in order to try to regain the URL to the acquired cost analysis, but the Provider is not obligated to deliver the cost analysis or the URL (cf section 2.2 above).
    4. The Provider reserves the right to change the published information on the website at any time, or to withhold access to it by the customer, provided that this may not be done for already ordered and paid cost analysis.
  5. Rights and Obligations of the Customer
    1. The customer undertakes to pay the fees published on the website of the Provider in Swiss Francs including VAT.
    2. The customer may provide suggestions, error corrections and recommendations regarding the Services of the Provider.
    3. The customer takes notice that the Provider may estimate additional costs in case of granting continuing information or advice related to the cost analysis. These will be communicated bilaterally and in advance to the customer.
    4. It is assumed that parents and/or legal guardians have approved the conclusion of the contract, if the customer is a minor or under legal guardianship.
    5. The customer may not unlawfully or inappropriately use the Services or the platform of the Provider, nor break any laws nor infringe on the rights of third parties. Unlawful and inappropriate use is given especially if:
      • A wrong identity is assumed or reflected to the Provider; or
      • Contents of the website is taken manually or automatically via scrawlers, spiders or other manual or automatic tools, devices and/or software in order to make use of the innovation and development work of the Provider; or
      • Any action or use of content is performed that is unlawful, especially if a criminal act is committed.
  6. Fees and Payment Terms
    1. The fees for the Service are published on the website of the Provider in Swiss Francs including VAT. The fees are to be paid in advance.
    2. The customer may pay the fee using the following payment methods:
      • VISA
      • MasterCard
      • American Express
      • PayPal
    3. The customer acknowledges and accepts the general terms and conditions of the payment provider at https://www.paypal.com/ch/webapps/mpp/ua/legalhub-full?locale.x=en_EN, that are applicable for the payment process.
    4. The fees may be changed at any time via publication on the website.
  7. Intellectual Property
    1. The Provider reserves all rights (Provider IP) for all information (texts, images, software incl. source code etc.) published by the Provider on the platform www.bankentracker.ch. All other cited trademarks, product or company names or logos are and remain the sole property of the respective owners. The Provider reserves all rights to images, designs, source codes and other documents, to the extent the content is published by the Provider. Any content may only be used by third parties with the express written consent of the Provider.
    2. All intellectual property rights of the Provider are protected by Swiss and international law, especially under copyright, trademark protection and unfair competition etc. Any use exceeding the granted use rights, as especially copying, reproducing, modifying, selling, distributing, extracting, re-using, transferring, publishing, downloading, streaming or any other exploit, irrespective of the means or media is prohibited without the prior written consent of the Provider or rights owner. Bankentracker is a registered trademark of the Provider. The trademark of the Provider may not be used in a way that may lead to deception or misdirection of customers or that may discredit the Provider in any way. The Provider offers the use of its intellectual property rights as is, and the Provider expressly excludes any warranty to the extent permitted by mandatory applicable law. To the extent permitted by mandatory applicable law, the Provider excludes any responsibility or liability for damages of any kind resulting from an infringement of intellectual property rights.
  8. Warranty of the Provider for the Services
    1. All for the analysis necessary data are produced with the greatest of care and to the best of its knowledge and belief by the Provider. However, the Provider gives no guarantee with regard to its content and completeness and does not accept any liability for losses which might arise from making use of this information. The Provider does not warrant the timeliness, completeness, reliability nor correctness of the published content. The Provider endeavours to keep the published information, outcomes and fees of trading, investment consulting and wealth management services of Swiss banks as current as possible. The fees stated in the cost analysis are regularly adjusted. Still it may happen that changes made by single banks are computed in the same moment that the cost analysis is done by the Provider and that the results may not concur with the newest data in a single case.
    2. In the cost analysis of the maximum saving potential between the lowest and highest priced providers that is free of charge, there may be banks included that want to stay anonymous for the time being. The Provider does not warrant that the cost analysis “free of charge” is exactly the same as the cost analysis which is ordered and paid.
    3. The Provider excludes any warranty that the functionality and the system is accessible, error free and secure at all times or that errors are fixed. The Provider www.bankentracker.ch endeavours to keep the platform compatible and functioning with the newest versions of the browsers Firefox, Internet Explorer and Google Chrome. Any and all content on the website of the Provider may be changed at any time without notice.
    4. The customer acknowledges that its customer’s sole responsibility to save the cost analysis made accessible by the Provider via the URL. The personal URL will be valid for 6 months from the order. The Provider will make one copy of the questionnaire completed by the customer and the ordered cost analysis and will keep this copy for 6 months at the most. There are no other storage or security measures that are warranted during or after the contract.
    5. The generated cost analysis may not be reproduced either in part nor in full without the written permission of the Provider. The results specifically and only refer to the investment profile as per questionnaire and do not c onstitute an offer or a recommendation, nor are they a request to either buying or selling any products or banking services. Furthermore, the analysis is expressly not intended for persons who, due to their nationality or place of residence, are not permitted to access to such information under local law.
    6. The Provider is not obliged to grant continuing and/or further information nor advice related to the cost analysis to the customer. However, the Provider may do so by respective communication against an appropriate remuneration.
    7. There are no warranties or guarantees of the Provider other than mentioned explicitly in this section 8.
  9. Liability of the Provider
    1. The Provider is liable for direct and immediate damages caused by malicious intent or gross negligence. To the extent permitted by mandatory applicable law, any and all liability for other damages and warranties like loss of profit, indirect and consequential damages of the customer or third parties is excluded.
    2. Any and all liability for damages caused by published information on the website or in the paid cost analysis, transfer errors, technical defects, overload, interruption (including maintenance of the system), by any payment methods according to section 6.2, illegal interference with telecommunication systems or networks by third parties or via computer viruses, malware or trojans is excluded.
    3. Any and all liability for auxiliary persons, agents or subcontractors of the Provider is fully excluded.
    4. The cost analysis or other information displayed on the website of the Provider is not a recommendation by the Provider, and the Provider does not undertake any warranty or liability for any damages caused by this.
    5. If the Provider is liable in any case, the total aggregate liability for damages shall be limited to the sum of the paid fee for the Service per incident and calendar year, if legally possible.
    6. The Provider is not liable for defects or interruptions not caused by the Provider, especially not for security issues or loss of operation of customers or third parties like internet providers etc.
  10. Liability of the Customer
    1. To the extent permitted by mandatory local law, the user is liable for any damages the user or any of its agents causes the Provider relating to the use of the website or the Service, irrespective of its nature.
  11. Force Majeure
    1. If Force Majeure keeps the Provider from fulfilling its contractual obligations, the Provider shall be free from obligations for the duration of the hindrance and for an appropriate time thereafter, and shall not be liable for any direct or indirect damages the non-fulfilment may cause the customer. Force Majeure shall be any unforeseen events or events that are not caused by either party or third party called upon that impacts the contract fulfilment. Such events may be natural disasters including natural hazards, mobilization, war, upheaval, epidemics, accidents, sabotage, terrorism, labour disputes, as well as acts from public authorities, major operational interruptions, loss of telecommunication or internet, loss of electricity, viruses or similar.
  12. Miscellaneous
    1. The German version of these General Terms and Conditions is the valid original and prevails over any other translated language versions.
    2. Any communication between customer and Provider shall be conducted via email either in German or in English.
    3. The Provider reserves the right to change these terms and conditions, the fees any other use terms and the services at any time, and to publish the valid version of these terms and conditions on www.bankentracker.ch . The publication on www.bankentracker.ch is deemed to be informed by the changes to the customer, and the version published at the time of the order is the valid and applicable version of the terms and conditions.
    4. In the event that any single provision of these terms and conditions is held to be invalid or unenforceable, the remaining provisions of these terms and conditions shall remain in full force and effect. The parties undertake to replace an unenforceable provision with a valid provision that is closest to the commercially intended purpose of the invalid one. This shall also apply for contractual loopholes accordingly.
    5. Any transfer of rights and obligations under this contract between the customer and the Provider is null and void without prior written consent of the other party, except where the Provider uses a third party to fulfill the contract. This contract is subject to Swiss law, excluding the UN CISG and the Swiss international collision law. The agreed legal venue is Zug, Switzerland, except where another legal venue is given under mandatory applicable law. The Provider reserves the right to sue the customer at the legal venue of the customer’s domicile at Provider’s choice.
    6. These terms and conditions enter into effect on 24.07.2017.