Terms and Conditions Brokerage Portal

Due to the current worldwide health situation, wefox makes a new product available to brokers not yet participating in the product which wefox already offers. This product has less features than the standard version and enables brokers to establish a first contact with customers with no costs being charged. This product and these terms and conditions do not replace the existing full feature product and the existing terms and conditions.

wefox Germany GmbH (“wefox”) gives the broker the opportunity to support customers via a free of charge access to the brokerage portal (“Brokerage Portal”) on the website wefoxgo.com. This Brokerage Portal enables the distribution partner to manage customers, arrange a consultation appointment with them online and to conduct an initial consultation via video.

The use of this brokerage portal / software is regulated in the following clauses:

1. Services

wefox provides free of charge services to make content accessible via the brokerage portal by enabling the broker to establish a first contact with the customer and to arrange a video call for further services within the scope of a specific customer appointment. For this purpose, wefox generally provides the broker with system resources on a virtual server, i.e. storage space on a storage medium which is also used and usable by other brokers, but which is given its own ip address and thus appears to the broker as an independent server.

The required software remains on the server of wefox.

This software is provided by wefox to the broker upon activation and clearance by wefox and limited until 31 December 2020. Upon expiration of the period of use, the right to use this software is also terminated automatically. wefox shall be entitled to prolong the use of the software by declaration on its website.

2. Access / Availability / IT Requirements

The broker may receive access to the application software upon activation and clearance by wefox. Each account may only be used by the specific broker to whom the account has been assigned. The broker shall keep the account data confidential and protect it against access from third parties by taking appropriate precaution measures. In case of a breach of these obligations, wefox reserves the right to block access to the brokerage portal.

Subject to technical availability, wefox gives access to the application software 24 hours/day and 365 days/year. In case of maintenance work and technical defects, the usage of the software may be reduced or excluded. To the extent reasonably possible, wefox will inform the broker about any scheduled maintenance work ahead of time. Such maintenance work will take place in particular, but without limitation, between 8pm and 5 am.

To view the electronic content, the broker requires a suitable terminal device and access to the internet, which are not granted by wefox.

3. Right of Use

wefox grants the broker for the period of use, i.e. until 31 December 2020, a simple, non-exclusive right to use this software to the extent defined in these terms and conditions for the managing of their customers, arranging a consultation appointment and conducting an initial consultation via video. The broker shall only use this software to the extent defined in these terms and conditions for the purpose defined herein and must not use it for any other purposes. The broker shall only use content that he has accessed or downloaded for their own use within the scope of their commercial activity as an insurance broker.

This software is intended only for commercial insurance brokers and serves the sole purpose of setting up an appointment with customers and conducting a first video consultation with them. It has no other purpose or function.

The broker undertakes to use this software only for this aforementioned purpose.

In particular, neither the broker nor third parties shall be entitled to incorporate this software into their own computer programs or to replace, sell, rent, lend, distribute, sublicense or integrate it into other programs. Furthermore, no modification, extension or other conversion work within the meaning of § 69c No. 2 German Copyright Act (Urhebergesetz, UrhG) is permitted, unless this is indispensably permitted by law. Furthermore, it is not permitted to duplicate or decompile the software; the latter however with the exception that this is required pursuant to § 69e UrhG in order to achieve interoperability with other hardware and software.

Unless certain rights are explicitly granted to the user by these terms and conditions, all rights to this software – in particular copyright, rights to or on inventions as well as technical property rights – lie exclusively with wefox. The user is not entitled to change or remove copyright notices, labels and/or control numbers or symbols of wefox.

4. Duties of the broker

The broker shall ensure that programs, scripts or similar installed by them do not hazard the operation of the server or the communication network of wefox or the security and integrity of other data stored on the servers of wefox. In case of an imminent or actual breach of the above obligations, wefox shall be entitled to deactivate or uninstall these programs, scripts etc. and to temporarily or indefinitely suspend the connection of these contents to the internet in whole or in part with immediate effect. wefox shall inform the broker about this measure without undue delay.

The contractual use of the services of wefox is dependent on the hardware and software used by the broker meeting the minimum technical requirements to the use of the internet and the software. Solely the broker is responsible for the configuration of their IT-systems and/or smartphones etc.

The broker shall set a user ID and a changeable password in order to access the brokerage portal. The broker shall be obliged to change the password at regular intervals, however in any case every three months. The password shall have a minimum length of eight characters and include at least one letter, one digit and one special character. The broker shall only be entitled to pass on the password to those persons who have been authorized by them to access the platform. In case the password has been entered incorrectly three times in a row, access to the platform will be blocked to prevent misuse. The broker will be informed of such blocking and will be assigned a new password by wefox. wefox shall in such case be entitled to reassign not only a new password, but also a new user ID.

The broker assures that he has the right to contact the customer and is accountable for any violations in this regard. wefox does not assume any liability for a breach of data protection regulation in this regard.

5. Changes to Service

wefox shall be entitled to update and extend contents and functions at any time in order to ensure their high-quality standard and to adapt them to a possibly changed legal situation.

wefox shall also be entitled to exchange or limit contents and functions. wefox shall inform the broker thereof without undue delay.

wefox maintains the software during the entire contract period and will fix any errors without undue delay, however without assuming any guarantee to do the same. For all technical questions, the broker may contact wefox via e-mail ([email protected]) and phone (+49 800 2970000), excluding however national holidays.

6. Liability

wefox shall be liable only for intent and gross negligence. In case of a slightly negligent breach of obligation, the breach of which endangers the achievement of the contract’s purpose or the fulfilment of which enables the proper execution of the contract in the first place and on the observance of which the broker could rely on (Kardinalpflicht), the liability of wefox shall be limited to foreseeable, contract-typical damages.

wefox shall not be liable for any slightly negligent violation of secondary obligations which are not cardinal obligations.

In case of initial impossibility, wefox shall only be liable, if wefox was aware of the hindrance of performance or if the lack of such knowledge is based on gross negligence, provided that no cardinal obligation is affected.

The aforementioned exclusions of liability shall not apply in the event of fraudulent concealment of defects or in the event of the assumption of a guarantee or a procurement risk, for liability for claims based on the German Product Liability Act (Produkthaftungsgesetz, ProdHaftG) and for physical injury (life, limb, health). This does not lead to a shift of the burden of proof to the disadvantage of the broker.

To the extent the liability of wefox is excluded or limited, this shall also apply to the personal liability of its employees, workers, staff members, representatives and vicarious agents.

wefox shall not be liable for the loss of data and/or programs to the extent such damage results from the broker’s failure to carry out data backups and thereby ensure that lost data can be restored with reasonable effort, if and to the extent that the broker has the technical means to do so.

wefox shall be liable for material defects and defects of legal title of the software only to the extent that wefox has fraudulently concealed a material defect and/or defect of title from the broker. Any further liability or warranty for the absence of material and legal defects shall be excluded.

With the exception of claims in tort, the broker’s claims for damages for which the liability is limited in accordance with this clause, shall become time-barred after one year starting from the statutory limitation period.

In case the broker breaches any of his/her obligations under these terms and conditions, (i) wefox shall be entitled to terminate with immediate effect the contractual relationship to such broker and to block his/her account and (ii) the broker shall pay to wefox liquidated damages in the amount of EUR [10,000.00] per breach. wefox shall be entitled to claim a higher amount of damage, if such higher amount can actually be proven by wefox. These liquidated damages shall be in addition to any other relief wefox may have pursuant to applicable law, e.g. interim relief. The amount of liquidated damages will be reduced in case the broker can prove that the actual damage amount was less than the amount of liquidated damages.

7. Data Protection

The wefox go data processing appendix (“DPA”) shall form an integral part of these terms and conditions, which can be accessed via the website. This appendix regulates the processing of your customer data which you enter into the broker portal. The processing of this data is governed by the DPA.

8. Final Provisions

Should individual provisions of these terms and conditions be or become invalid or unenforceable, or should these terms and conditions contain an unintentional loophole, the invalid or unenforceable provision or the unintentional loophole shall be replaced by such valid and enforceable provision which comes as close as legally possible to what was economically intended.

No side agreements exist to these terms and conditions.

These terms and conditions are subject to substantive German law to the exclusion of the provisions on the conflict of laws.

The place of jurisdiction for all disputes arising out of or in connection with these terms and conditions shall be Berlin, Germany.

 

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1. Legal Information and Contacts

Address:
wefox Germany GmbH
Urbanstraße 71
10967 Berlin

Management Board:
Fabian Wesemann (Sprecher), Anastasios Chatzimichailidis, Karl Grandl, Milan Veskovic

Contact:
Phone: +49 800 2970000
E-Mail: [email protected]
Internet: https://www.wefox.de/

Responsible according to § 55 Abs. 2 RStV for the contents of these internet pages as well as for our profiles on Xing, Facebook, Twitter & YouTube:
Fabian Wesemann (Sprecher), Dario Fazlic & Kris A. Daeblitz

Commercial register:
The wefox Germany GmbH is registered in the commercial register of the district court Charlottenburg under the number HRB 170236 B, seat: Berlin.

Sales tax ID no. Acc. § 27a sales tax law:
DE301691154

2. Authorities

Authority for the permission according to § 34 d Abs. 1 GewO:
wefox Germany GmbH operates as an insurance broker within the meaning of § 34 d (1) of the Gewerbeordnung. The license according to § 34d Abs. 1 GewO was granted on 27.10.2015. wefox Germany GmbH is registered under the number D-WEU0-PZ33R-32 in accordance with § 34d (7) GewO in the insurance intermediary register

Competent permission authorities:
Chamber of Industry and Commerce (IHK) Berlin
Fasanenstrasse 85
10623 Berlin

District office Charlottenburg-Wilmersdorf of Berlin
Otto-Suhr-Allee 100
10585 Berlin

3. Miscellaneous

Job Title:
Insurance broker with permission according to § 34 d Abs. 1 GewO, Federal Republic of Germany

Professional regulations:
§ 34 d Gewerbeordnung (GewO)
§§ 59-68 Gesetz über den Versicherungsvertrag (VVG)
Verordnung über die Versicherungsvermittlung und –beratung (VersVermV)

Joint Registrar within the meaning of § 11 (1) no. 4 VersVermV:
Deutscher Industrie- und Handelskammertag (DIHK) e.V.
Breite Straße 29
10178 Berlin
Telefon: +49 (0)180 600 58 50

Arbitration boards:
Versicherungsombudsmann e.V.
Postfach 08 06 32
10006 Berlin
www.versicherungsombudsmann.de

Ombudsmann für die private Kranken- und Pflegeversicherung
Kronenstrasse 13
10117 Berlin
www.pkv-ombudsmann.de

4. Content of the online offer

The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author, which refer to material or immaterial nature, which were caused by the use or disuse of the information provided or by the use of incorrect and incomplete information, are excluded, unless the author proves intentional or grossly negligent Fault is present.

All offers are non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to cease publication temporarily or permanently.
References and links

For direct or indirect references to external websites (“hyperlinks”), which lie outside the area of ​​responsibility of the author, a liability obligation would come into force only in the case in which the author has knowledge of the contents and it would be technically possible and reasonable to prevent the use in case of illegal content.

The author hereby expressly declares that at the time of linking, no illegal content was recognizable on the linked pages. The author has no influence on the current and future design, content or authorship of the linked pages. Therefore he dissociates himself hereby expressly from all contents of all linked / linked sides, which were changed after the link setting. This statement applies to all links and references within the own Internet offer as well as to foreign entries in guest books, discussion forums, link directories, mailing lists and in all other forms of databases on whose contents external writing accesses are possible. For illegal, incorrect or incomplete contents and in particular for damages resulting from the use or disuse of such information, the provider of the page to which reference was made, not the one who only links to the respective publication.
Copyright and Trademark Law

The author endeavors to observe the copyrights of the graphics, sound documents, video sequences and texts used in all publications, to use graphics, sound documents, video sequences and texts created by himself or to resort to license-free graphics, sound documents, video sequences and texts.

All brand names and trademarks mentioned within the Internet offer and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. Just because of the mere mention is not to draw the conclusion that trademarks are not protected by rights of third parties!

The copyright for published objects created by the author remains solely with the author of the pages. Reproduction or use of such graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without the express consent of the author.
Legal validity of this disclaimer

This disclaimer is to be regarded as part of the internet offer from which this page was referenced. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.

Berlin, June 2018