Terms of use

Effective from 01.07.2020.

2media GmbH based in Swiss Zürich (hereinafter «2media») operates the internet portal «topkrankenkasse.ch» (hereinafter the «portal»). These terms of use define the rights and obligations of the users (hereinafter the «user») for utilising the portal and all additional services of 2media in connection with the portal.

1 – Offer and use

2media publishes on the portal information about finance and insurance products such as in particular service and price comparisons (hereafter the «information»), arranges specialist consultancy and brokerage of these and others basing on the finance and insurance products defined by the user (hereinafter the «consultancy and brokerage») and sends information in its email newsletter to users (hereinafter the «newsletters», jointly hereinafter the «offer»). The offer does not constitute an invitation or recommendation for the purchase or other contractual use of a service or product and is non-binding for the user.

The offer is aimed exclusively at any natural person who is unrestricted capable of acting with residence in Switzerland and is available for free and non-binding for non-commercial use. Any use by legal entities and any commercial use is prohibited. The users refrain – as far as legally allowed – from any own claims for commissions and other remuneration from consultancy and brokerage of third parties for 2media in connection with the offer.

The users have no claim for using the portal and can be excluded from utilisation by 2media at any time temporarily or permanent without giving reasons. The use of the portal in a way that may endanger the regular operation is prohibited. Users have to refrain from excessive use of the portal – in particular the automated use via software except from the portal software.

2 – Quality

2media is seeking for the highest possible quality of the offer, but refrains explicitly from direct and indirect guarantee and assurance of the offer’s quality such as for example concerning topicality, accuracy and completeness of information and newsletters. If user data is needed for using the offer the user engages to state only correct and complete details. The user is fully liable for any damages resulting for 2media due to incorrect or incomplete details.

Third parties, whose consultancy and brokerage is offered to users by 2media (hereinafter the «consultants and brokers»), are in particular obliged to offer their consultancy and brokerage to the users at any time with highest possible care and professionalism and to fully comply with the applicable Swiss law and the provider and branch-specific recommendations, directives and other applicable provisions. Users, for whom no consultancy and brokerage is possible, have to be referred to alternative consultancy and brokerage options including direct and – if available – free consultancy and cover options at the respectively providers of the desired finance and insurance products.

Remarks concerning the offer’s quality – for example in connection with consultants and brokers – are accepted by 2media via email to support@2media.ch at any time.

3 – Liability

Any liability of 2media for direct damages arising from the offer and any additional connection with the portal is under reservation of mandatory provisions of law explicitly excluded. 2media is explicitly not liable for damages resulting from consultants or brokers or information and newsletters as well as malfunctions of the portal, failures of commissioners or other third parties or errors in the transmission of messages.

The portal’s availability can be partly or completely limited at any time and without giving reasons. 2media is not liable for the temporary unavailability of the entire portal or certain functions of the portal as well as for errors of individual functions of the portal.

4 – Privacy

2media is governed by Swiss law for privacy and saves personal information and other data principally on servers in Switzerland. 2media collects and processes in particular data entered by users in forms on the portal, in apps connected to the portal or in another manner sent to 2media. These data include for example names, addresses, email addresses, telephone numbers, birth dates, gender, family relationships, newsletter subscriptions and interests in finance and insurance products. Additional data such as date and time stamps, used IP addresses, used browsers and operating systems and optionally shared locations accrue for 2media due to the usage of the portal.

2media is allowed to use all collected data for all purposes in connection with the operation of the portal and the offer. 2media is entitled to store all data for at least ten years. 2media is taking appropriate measures for securing this data.

Users that receive information, consultancy and brokerage from 2media over the portal expressly acknowledge and agree that the data collected and processed by 2media is handed over to consulter and broker. Consulter and broker are obliged to fully comply at any time with the Swiss privacy law.

Users that receive information, consultancy and brokerage from 2media over the portal expressly acknowledge and agree to receive information of 2media as newsletters. Data 2media is collecting and processing from users for sending newsletters can also be used by other portals of 2media, in particular also for sending newsletters about those other portals.

2media is entitled to transfer personal data and other data to third parties – for example to providers of newsletter organisation – or let third parties transfer these data within the scope of assigning or exercising the rights and obligations from the terms and conditions and in connection with the operation of the portal. 2media cares in the case of data transfer in other countries for appropriate measures of data protection standards equal to the Swiss standards.

For the analysis of portal usage and for displaying advertisement 2media can use services of third parties in Switzerland and also abroad such as in particular Google Analytics and Google AdSense services of the American Google Inc. and the Clicky Web Analytics service of the American Roxr Software, Ltd. When using these services IP addresses, cookies and other data of users – maybe also personal data – are maybe transferred concerning the portal usage to third parties in other countries and from there potentially in countries where data protection standards do not meet the Swiss standards.

For questions concerning data protection 2media provides information per email to datenschutz@2media.ch.

5 – Other provisions

Users acknowledge and agree the terms of use by using this portal. 2media can amend or change in any way the terms of use anytime and without giving any reasons. The most current version of the terms of use according to their publication on the portal applies. In case users do not agree with the change in the terms of condition the further use of the portal is prohibited.

Should individual conditions of these provisions be ineffective or void, the validity of the other provisions stays unaffected. The ineffective or void provision has to be replaced by a legally permissible provision that legally comes closest to the original purpose in terms of economics.

The use of the portal underlies under reservation of mandatory provisions of law exclusively and in full Swiss substantive law. The exclusive place of jurisdiction is Zürich, Switzerland.