(valid as of 29/09/2023)
Credaris is a product brand of Credaris AG. Among other offerings, Credaris AG provides its customers with advisory and intermediary services in the area of personal loans. It is headquartered in Zurich, Switzerland.
Services provided by Credaris
The services provided by Credaris consist of validating customer needs, producing a non-binding assessment of credit standing and creditworthiness, advice on the loans available via Credaris and the referral of such loans, including the submission of the User's loan applications to the providers of personal loans ("Personal Loan Providers") accessible via Credaris. Credaris cannot guarantee that there will be one or more Personal Loan Providers prepared to grant a loan. There is no entitlement to receive an offer. In particular, Personal Loan Providers are entitled to reject User applications referred by Credaris without stating reasons.
As part of its services as loan intermediary, Credaris may collaborate with external partners, such as other loan intermediaries ("Partner Intermediaries"), who support Credaris with the preparation of loan applications to Personal Loan Providers. Specifically, Partner Intermediaries may have direct contact with Users and are able to view the submitted documents in full.
As part of its services, Credaris makes validated loan applications entered by the User available to Personal Loan Providers that are accessible via Credaris and have been selected by the User. It provides such loan applications via unencrypted e-mail or fax/post and invites these Personal Loan Providers to review them. For this purpose, Credaris discloses the User's details as well as any submitted documents (particularly salary certificates, copy of ID card) to Personal Loan Providers and passes on the User's loan application to such Providers using unencrypted e-mail in each case. The User expressly accepts the risks existing in connection with electronic data transmission and communication (e.g. through unencrypted communication via the Internet or e-mail, as applicable), particularly that, in the course of transmission, data pertaining to the User may be intercepted and published by third parties, or that unauthorised third parties may infer the existence of a contractual relationship between the Personal Loan Provider and the User. Upon receiving a loan application from Credaris, Personal Loan Providers may exchange with Credaris the information needed to check the application and credit standing and to conclude and process the contract. Where necessary, Credaris may also submit loan applications to individual Personal Loan Providers via intermediate brokers, in other words contractual partners of the selected Personal Loan Provider, rather than to the Provider directly. In this case, such intermediate brokers alone are responsible for forwarding the application, the provisions agreed here apply mutatis mutandis, and part of the compensation (see next section) is paid to this intermediate broker. The User hereby confirms to Credaris and the selected Personal Loan Providers that all of the information in the loan application is correct.
Credaris does not arrange any loans to finance transactions in financial instruments within the meaning of Art. 3 let. a of the Swiss Federal Financial Services Act, FinSA (Finanzdienstleistungsgesetz). Consequently, Credaris does not perform any financial services as described in FinSA and is not bound by the regulatory requirements for financial service providers laid down in this statutory instrument.
Personal Loan Providers may outsource some of their services to third parties ("Service Providers"), especially the completion of business processes, IT security and system control, market research and marketing, the calculation of business-related credit and market risks, and contract administration tasks such as application and contract processing, debt collection and customer communications. Users hereby agree that Service Providers may access all of their data that is processed in this context. The Personal Loan Providers provide these Service Providers with the data they require to fulfil their contractual obligations and may also transmit data outside Switzerland for this purpose.
The offers made by Personal Loan Providers are then transmitted by Credaris 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 Personal Loan Provider. Credaris is not responsible for these offers, their correctness, continued applicability, appropriateness or market conformity, neither does Credaris check such offers or provide any guarantees in respect of them.
Credaris creates and operates the service and its further offering at its own discretion and may change the service, processes and contractual terms, or suspend its offering, at any time.
Compensation for Credaris
Users do not pay any fees for using the Credaris service. However, the User acknowledges and agrees that Credaris receives compensation from the Personal Loan Providers to which it submits a financing application from the User and is free to use this compensation as it wishes. This compensation currently amounts to approx. 0.4% to 6.0% of the loan amount and is an element of how Credaris finances its services. The User acknowledges that this financing model complies with Art. 35 of the Swiss Consumer Credit Act (Konsumkreditgesetz, KKG), and agrees not to challenge this compensation.
Data processing, data protection
Newsletter, commercial communication
In connection with Credaris offerings, Credaris may from time to time send newsletters or other content (including that of a commercial nature) to the address, number or app of any User who has registered with it using their e-mail address or any other electronic address or mobile phone number, or who has installed a Credaris app. The User agrees to this but may halt the delivery or display of such communications at any time, free of charge. Further information on this facility will be provided at the end of the message in question.
Copyright, use of the website
All information and content published under the www.credaris.ch web address, in any presence by Credaris on third-party websites or otherwise published by Credaris online, especially price comparisons for personal loans, as well as corresponding presentations, designs and software, are protected by copyright. The rights in question are held by Credaris or the third party concerned. Credaris and the third parties concerned expressly reserve all rights in this regard. No rights whatever to software or other elements of the content of the www.credaris.ch web address or to other content that can be called up about the offers are transferred to you through your use, downloading or copying of that content. This also applies to the CREDARIS name, which is a registered trademark.
Credaris must give its consent to all commercial use of the service and to other Credaris offerings and content. "Commercial use" refers. in particular. to the offering of advisory services based on Credaris comparisons. Permission for commercial use may be requested by e-mailing [email protected]. Dealings with third parties are subject to the terms of these third parties.
The User undertakes not to use the information provided by Credaris in any shape or form beyond its intended original purpose. In particular, the User will refrain from copying, publishing or otherwise reproducing the available data in any form, including on the internet.
No guarantee on the part of Credaris
Credaris makes every effort to ensure that all of the information it presents is up to date and accurate. However, Credaris offers no explicit or implicit assurance or guarantee that the information is correct, reliable or 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 any and all other guarantees with respect to its offerings, work results and services. It does not guarantee that these will be available without interruption, for a certain period of time, or in a particular manner. Users use Credaris services and offers, and the information they contain, at their own risk. This also applies to the offers supplied by the Personal Loan Providers.
Other websites may be reached from the www.credaris.ch website via links inserted by Credaris. Credaris cannot assume any guarantee or liability for these websites and their content.
Correctness of the information, correction, misuse
To the extent permitted, Credaris excludes any and all liability, including that of third parties with which it works in relation to the registration of data for applications. This exclusion also applies in the event of negligence. In particular, Credaris is not liable for any vicarious agents, direct or indirect damage or loss (including consequential loss), loss of data, or delays. This also applies in cases in which the possibility of such damage or loss has been indicated.
Users recognise that lending is prohibited if it results in excessive indebtedness (see Art. 3 (1) (n) of the Swiss Unfair Competition Act (Bundesgesetz über den unlauteren Wettbewerb)).
Zurich, 29 September 2023