These terms govern the use of Credaris AG (Credaris) personal loan services by pri-vate individuals (users). Upon their acceptance, they are deemed to represent a binding agreement concluded between the parties. The agreement shall be concluded separately for each personal loan enquiry.
Credaris is a product brand of Credaris AG. Credaris AG with registered head office in Zurich is an affiliated company of comparis.ch AG (comparis.ch) that provides its customers, among others, with advisory and intermediary services in the personal loan area.
Services provided by Credaris
The services provided by Credaris consist of the validation of customer needs, the non-binding assessment of credit standing and credit worthiness, advice regarding the loans available via Credaris and the intermediation of such loans, including the submission of loan requests by users of the suppliers of personal loans available at Credaris (suppliers). Credaris does not provide any guarantees that one or several suppliers will be prepared to grant a respective loan. Users are not entitled to any offers. In specific, the suppliers are entitled to reject users’ applications placed via Credaris without stating any reasons.
As part of its services as loan intermediary, Credaris may collaborate with external partners, e.g. other loan intermediaries (partner intermediaries), who assist Credaris in the preparation of loan requests to suppliers. Specifically, the partner intermediaries may directly contact users and are given full access to the documents submitted.
As part of its services, Credaris makes validated loan requests recorded by users available via the Internet, e-mail or by fax/mail to the suppliers available at Credaris that have been selected by the users and invites such suppliers to evaluate the loan request. For this purpose, Credaris discloses the users' information as well as any submitted documents (in particular wage statements, copies of ID cards) and passes the users' loan requests on to the suppliers (via unencrypted e-mail). Upon receiving a loan request from Credaris, the suppliers may exchange with Credaris the necessary information in connection with the checking of the application/credit standing and the contract conclusion and processing. Where necessary, Credaris may also submit loan requests to individual suppliers via intermediate brokers (i.e. contractual partners of the requested supplier instead of the supplier). In this case, such intermediate brokers are solely responsible for transferring the request, the provisions under this agreement apply mutatis mutandis and part of the compensation (cf. next section) is paid to the intermediate broker. The user hereby assures Credaris and the selected suppliers that the information provided in the loan request is correct.
Credaris does not intermediate the granting of loans to finance transactions with financial instruments in the sense of art. 3 let. a of the Federal Act on Financial Services (FinSA). Credaris does, therefore, not provide financial services in the sense of the FinSA and, thus, is not subject to the provisions [rules] for financial services providers as laid down in this act.
The suppliers may outsource some of their services to third parties ("service providers"), especially the performance of business processes, IT security and system control, market research and processing, the calculation of relevant credit and market risks and the administration of contracts (e.g. processing of applications and contracts, debt collection, communications with customers). The users hereby agree that service providers may access all of their data which will be processed in this context. The suppliers make available to these service providers the data they require to fulfil their contractual obligations and may also transmit these data outside Switzerland for this purpose.
Subsequently, Credaris transmits the suppliers' offers to the user. As a rule, any further communication takes place between Credaris and the user. However, any personal loan agreements are concluded exclusively between the user and the supplier. Credaris is not responsible for offers, their correctness, continued applicability, appropriateness or market conformity. Nor does Credaris check the offers or provide any guarantees in this respect.
Credaris organises and operates its services at its own discretion and may change the services, processes and contractual terms, or suspend its services, at any time.
Users do not pay any fees for using the services offered by Credaris. However, users take note of and agree to the fact that Credaris receives compensation from the suppliers to which Credaris submits users' financing requests and may use this compensation for its own purposes. This compensation currently amounts to approx. 0.4% to 6.0% of the loan amount and constitutes a component of the financing of Credaris' services. Users take note of the fact that the financing model complies with Art. 35 KKG and waive any claims to this compensation.
Data processing, data protection
As regards the users' data, the Credaris Data Privacy Statement valid at the time of the conclusion of this agreement shall be deemed to have been agreed between the user and Credaris. The statement also governs the transmission to and exchange of data with the suppliers and the partner intermediaries (including their contractual partners and staff) and comparis.ch as well as the storage and further processing of data by the suppliers (including their contractual partners and staff) and comparis.ch (the data protection rules of comparis.ch apply to its processing of data recorded on the website or in an app of comparis.ch, i.e. comparis.ch may also process these data within the framework of its data protection rules). In all cases, Credaris and comparis.ch as well as the suppliers (including their contractual partners and staff) are obliged to comply with the data protection rules pursuant to the Swiss Data Protection Act. In addition, if applicable, the suppliers (but not Credaris and comparis.ch) are also obliged to observe bank client secrecy pursuant to the Swiss Banking Act and to maintain confidentiality. Credaris reserves the right to record telephone calls made within the scope of its services for the purposes of quality assurance, preservation of evidence, and further development; the user agrees to this.
Copyrights/use of the website
All information and content published under the Internet address www.Credaris.ch, in the context of the Credaris presence at www.comparis.ch or otherwise, especially price comparisons of loans, as well as corresponding presentations, designs and software are protected by copyright for Credaris and comparis.ch. Credaris and comparis.ch explicitly reserve all corresponding rights. No rights regarding software or other elements of the content of the Internet addresses www.credaris.ch or www.comparis.ch or available otherwise via services will be transferred to yourself by copying, using or downloading information. This also applies to the names CREDARIS or COMPARIS, which are registered trademarks.
Credaris must give its consent to all commercial use of the services and other offers and contents of Credaris. This especially applies to offering advisory services based on Credaris comparisons. Permission for commercial use may be obtained by e-mailing firstname.lastname@example.org. As regards comparis.ch, the respective terms of comparis.ch apply.
Users commit themselves not to utilise information provided by Credaris in any shape or form for anything other than the original purpose. In particular, users will refrain from copying, publishing or otherwise reproducing accessible data in any form, including the Internet.
No assumption of guarantees by Credaris
Credaris makes every effort to ensure that all information presented on its site is up to date and correct. However, Credaris cannot explicitly or implicitly assure or guarantee that the information is accurate, reliable and complete. Credaris expressly reserves the right to change the published information at any time and to deny public access to its information.
Credaris also excludes all guarantees with respect to its offers, work results and services. Credaris does not guarantee availability without interruption, for a certain period of time or in a particular manner. Users avail themselves of the services offered by Credaris and the information contained therein at their own risk. This also applies to the services provided by the individual suppliers.
Other websites may be reached from the www.credaris.ch website via links inserted by Credaris. Credaris does not assume any responsibility or liability for these websites and their contents.
Correctness of the information, authorisation, misuse
Credaris excludes any liability (including that of comparis.ch relating to the re-cording of data in respect of requests) to the extent permitted, including liability in the case of negligence. In particular, Credaris is not liable for any vicarious agents, direct or indirect damage (including subsequent damage), loss of data or delays. This also applies in cases whereby Credaris has been made aware of the possibility of such damage.
Users take note of the fact that lending is prohibited if it results in exces-sive indebtedness (see Art. 3 (1) (n) of the Swiss Unfair Competition Act).
Zurich, 9 October 2017