General Terms and Conditions
1. Scope of Application
1.1 These General Terms and Conditions (GTC) apply to all contracts concluded via the website foxana.ch between Foxana GmbH, Amselweg 31, 4528 Zuchwil (hereinafter “Foxana”, “we”, or “us”) and the users of the website (hereinafter “users” or “you”).
1.2 Divergent conditions from the users are not recognized unless Foxana expressly agrees to their applicability in writing.
2. Subject of the Contract and Services
2.1 Foxana offers a comparison platform for insurance, financial products, and related services. Users can use the platform to obtain information, compare offers, and request services if necessary.
2.2 Foxana is not the provider of the insurance products or financial services presented but acts as an intermediary on behalf of the respective providers or manages requests through partner companies.
2.3 The use of the platform’s basic functions is free of charge for the user. Additional paid services are indicated separately.
3. Conclusion of the Contract and Use of the Platform
3.1 By submitting a request form on the platform, the user makes a binding offer to conclude a contract with the respective provider. Foxana itself does not become a contracting party with the user concerning the offered insurance products or financial services.
3.2 Foxana undertakes to transmit the users’ requests to the relevant providers or partner companies. These companies process the requests and prepare individual offers.
3.3 The user is obliged to provide truthful and complete information when using the platform and to update this information in the event of changes.
4. Obligations of Users
4.1 Users undertake not to misuse the platform and the services offered, particularly not to disseminate content that violates the law or the rights of third parties.
4.2 It is prohibited to carry out technical interventions that may compromise the functionality of the platform or allow unauthorized access to other users’ data.
5. Data Transmission and Processing
5.1 Foxana may transmit requests generated through the platform, including personal data contained therein, to insurance companies, qualified insurance brokers, or other carefully selected partners to provide the users with the requested services and offers.
5.2 If the original providers do not process the requests, Foxana may forward the request to an autonomously operating partner company or other qualified insurance brokers.
5.3 The processing of personal data is carried out in accordance with Foxana’s privacy policy provisions.
6. Exclusion of Warranty and Liability
6.1 Foxana does not guarantee the accuracy, completeness, or timeliness of the information provided. All information is provided without warranty.
6.2 Foxana is not liable for direct or indirect damages resulting from the use of the platform or the information provided on the platform, unless such damages are caused by intentional conduct or gross negligence on the part of Foxana.
6.3 Liability for platform failures and technical problems beyond the control of Foxana is excluded.
7. Changes to the GTC
7.1 Foxana reserves the right to change these GTC at any time. Changes will be communicated to users promptly on the website.
7.2 If the user does not object to the amended GTC within four weeks after notification, the changes are deemed accepted.
8. Applicable Law and Jurisdiction
8.1 Swiss law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
8.2 The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC is the registered office of Foxana GmbH in Zuchwil, Switzerland.
9. Final Provisions
9.1 Should any provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected.
9.2 Amendments and additions to these GTC must be made in writing.