(1) Welcome to Garentii GmbH! These Terms and Conditions of use apply to the use of the Garentii GmbH website (www.garentii.com) and the use of the Garentii App, as well as all associated services. By using our website and app and their services and benefits, you agree to use our services only in accordance with these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, you may not use our services.
These Terms and conditions of use apply between you and
Garentii GmbH
Mühldorfstr. 8
81671 Munich
Germany
(hereinafter referred to as "Garentii" or "we")
(2) Further information on the use of Garentii's services and the Garentii app can be found here.
(1) Garentii arranges insurance coverage (hereinafter: "Garentii insurance products" or "Garentii insurance coverage") for insurance companies (hereinafter: "risk carriers").
(2) Garentii offers you the possibility to inform yourself about potential insurance coverage on the Garentii Website and in the Garentii App and to request and conclude the insurance coverage selected by you, as well as to manage your insurance contract via the Garentii App.
(3) You will not be charged for any additional costs for these services provided by Garentii.
(1) Garentii is a licensed insurance agent according to § 34d Abs. 1 GewO. For more information please see the first information. In cooperation with our insurance partners and risk carriers, we arrange the insurance coverage offered to you on the website of Garentii (www.garentii.com) (hereinafter: "Website"), in the Garentii App (hereinafter: "App").
(2) The insurance contracts conveyed by Garentii are exclusively between you and the respective risk carrier or insurance partner. The insurance coverage requested by you only comes into effect when an insurance contract is concluded with you.
(3) By clicking the button "Pay" in the last step of requesting the quote, you make a legally binding offer to take out the selected insurance coverage. You have the right to correct your information or withdraw from the contract up to this point. After submitting, you will receive confirmation of the conclusion of the insurance contract with the respective risk carrier by e-mail or notification in the app. You can download the associated insurance documents at any time via the Garentii app. Should we exceptionally have to reject your request, you will also receive immediate notification from us. You undertake to regularly check your e-mail inbox, including the SPAM folder, for receipt of the contract confirmation after sending your request.
(4) If you register to use the app and download it to a compatible mobile device, you can view and download your contract documents via the app after your first log-in. See also Section 3 Paragraph 6.
(5) Garentii is your point of contact for the entire processing of the insurance coverage concluded via the website or the app ("contract processing"). The contract handling includes in particular the support in all questions regarding your insurance contract, the renewal, amendment or termination of your insurance contract, the notification and settlement of claims, billing issues, as well as the receipt of complaints. If the risk carriers or other service providers are involved in these tasks, we take care of passing on your concerns and handling them. In doing so, we act on behalf of the respective risk carriers or as their representatives.
(6) Garentii insurance products are purely digital insurance products. By concluding your insurance contract or registering for the app, you acknowledge that the processing of your insurance contract takes place in electronic form via the app, by e-mail or, if required, by telephone. This includes in particular the electronic transmission of all information, notifications or other legally relevant declarations relating to the conclusion and processing of your insurance contract and also health-related data. Electronic communication takes place via so-called TLS encryption (see Section 8). Excluded are only declarations that require the legal written form and from which form requirement cannot be deviated. If we require a declaration in legal writing from you for legal reasons, we will point this out to you. If costs are incurred by you for the submission of such declarations (e.g. postage costs), you shall bear these costs. There is no right to reimbursement of these costs. We store, archive and keep all documents relating to the conclusion and processing of your insurance contract exclusively in digital form, unless otherwise required by law.
(7) You have no right to have your contract managed via the app. If operation of the app is discontinued in whole or in part or if access is blocked (see Section 6 Paragraph 7), we will make the documents and records stored by or for you in the app available to you electronically by other reasonable means (e.g. via our website or by e-mail), unless they have already been made available to you by other means (e.g. e-mail). The same applies if you decide to stop using the app.
(1) In the event of a slightly negligent breach of contractual obligations towards you, our liability shall be limited to an amount of 2 million euros per case of damage. We maintain a pecuniary loss liability insurance up to this amount. If the risk of a higher loss exists in an individual case, you have the option of increasing our liability insurance coverage at your own expense to a sum insured that covers the assumed risk. We will give you a recommendation on this upon request.
(2) We shall not be liable for financial losses incurred by you as a result of a slightly negligent breach of secondary obligations. Secondary obligations are obligations that are not cardinal obligations. Cardinal obligations are, among other things, the main obligations in the mutual relationship between you and us, such as the procurement of insurance coverage as an insurance agent or the ongoing support of the concluded contract (e.g. support in the event of a claim).
(3) The limitation of liability stipulated in Section 4, Paragraph 1 and the exclusion of liability stipulated in Section 4, Paragraph 2 shall not apply to damages arising from injury to life, limb or health which are based on a culpable breach of duty. Furthermore, liability for other damages due to grossly negligent or intentional breach of duty shall remain unaffected.
(4) To the extent that our liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives and vicarious agents.
(1) In order for you to apply for insurance coverage, all information and declarations submitted by you must be truthful, complete and correct. In the event of any changes, inaccuracies or discrepancies in your details (e.g. change of residence, mobile phone number, e-mail address) after submission, you shall inform us immediately. Incorrect and/or insufficient information provided by you may lead to a loss of insurance coverage. You alone are responsible for the accuracy and completeness of the information you provide.
(2) You are not entitled to apply for insurance coverage on behalf of a third party without disclosing the agency relationship.
(1) The use of the Garantii App is exclusively permitted on the basis of these Terms and Conditions of Use. These Terms and Conditions of Use may be supplemented, modified or replaced by further Terms and Conditions in individual cases. Separately agreed license terms, e.g. when downloading software, take precedence over these Terms and Conditions of Use.
(2) In order for you to use the services offered with the app, we grant you a limited, revocable, non-exclusive, non-sublicensable and non-transferable right to use the information, software and documentation provided with and in the app to the extent agreed upon or, if nothing is agreed upon, as it corresponds to the purpose pursued with the provision and transfer by us. Except for the right expressly granted to you, no license or right is granted to you by implication or otherwise.
(3) You may not distribute, lease or otherwise transfer any information, software or documentation to any third party at any time.
(4) The information, software and documentation are protected by both copyright laws and international copyright treaties, as well as other intellectual property laws and agreements. You undertake to observe these rights. Sections 69a et seq. of the German Copyright Act shall remain unaffected.
(5) You undertake not to offend common decency in your use of the app; to infringe industrial property rights, copyrights, personal rights, proprietary rights or other rights of third parties; to transmit content with viruses, so-called Trojan horses or other programs. Trojan horses or other programming that can damage software; to enter, save or send hyperlinks or content to which you are not authorized, in particular if these hyperlinks or content violate confidentiality obligations or are illegal; to distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, malfunctions and the like or to request participation in competitions, snowball systems, chain letters, pyramid schemes and similar campaigns.
(6) You agree to provide us with all information required for registration and use of the app truthfully and only to the extent you are authorized to do so. You must inform us immediately of any changes (including your address, mobile phone number or e-mail address).
(7) We are entitled to discontinue the operation of the app in whole or in part at any time. Due to the nature of the Internet and computer systems, we do not guarantee the uninterrupted availability of the App. We reserve the right to change content and information of the app at any time and to remove it from the app. Furthermore, we are entitled to block access to the app at any time, especially if the user violates his obligations under these Terms and Conditions of Use. See also Section 3 Paragraph 7.
(8) We offer software updates for the app at irregular intervals. The installation is a prerequisite that you can use the latest version of the software and make use of the latest functionalities. We would like to point out that the functionalities may not be usable or may only be usable to a limited extent if the installation is not carried out, for example because you refuse an installation or do not carry out an installation. See also Section 3 Paragraph 7.
(9) Liability for defects in relation to quality and title of the information, software and documentation, in particular for the correctness, absence of errors, freedom from third-party intellectual property rights and copyrights, completeness and/or fitness for purpose, is excluded where information, software or documentation is provided free of charge, except in cases of willful misconduct or fraudulent intent. Liability for material defects or defects of title shall also be excluded if we can prove that the defect would not have occurred if the most up-to-date software had been installed.
(10) In all other respects, we shall be liable in accordance with Section 4.
All information about Garentii as a responsible person in the sense of data protection law, our principles for the processing of your personal data, as well as information about your data subject rights can be found in our privacy policy.
We communicate with you mainly in electronic form, especially if no other form is mandatory. This applies, for example, to correspondence with you about your contract, your inquiries or queries, via the chat function in the app and by e-mail. In the process, health-related data may also be transmitted by you. For our electronic correspondence, we use the so-called TLS encryption (transport encryption). TLS encryption means that e-mails are encoded during their journey from the sender server to the recipient server and are therefore unreadable and unencrypted at the sender and recipient, as well as on the respective servers. TLS encryption is the usual standard procedure for encrypting e-mails. So-called end-to-end encryption does not take place. In end-to-end encryption, the sender uses a cryptosystem to encrypt the e-mails before they are sent to the provider. e-mails before they are sent to the provider, who forwards the encrypted e-mails to the recipient's server. This variant is associated with a high level of effort, since the secure exchange of the encryption keys must first take place. Both sender and recipient must participate in the encryption process. In order for us to be able to communicate with you quickly and easily, by using Garentii's services you agree that your personal data, including health data, will be transmitted by Garentii to you or third parties using TLS encryption. You expressly waive end-to-end encryption when sending your data.
You may revoke this consent to Garentii at any time. If the aforementioned consent is revoked, we will generally no longer be able to offer you our services.
(1) We are entitled to change these terms of use for the future if there is a substantial reason, as far as the changes are reasonable for you. A substantial reason is given if, due to the continuous further development of our products, these Terms and Conditions of Use no longer describe the product and the associated rights and obligations for you and us correctly or completely. Another important reason is if the legal situation changes (e.g. due to new legal regulations or jurisdiction) in such a way that these Terms and Conditions of Use cannot or cannot completely reflect the legal relationship between you and us. You will be informed of any changes by notification in the app, by e-mail, in writing or in any other suitable manner. You will also be informed of the important reason for the change. The changes will be considered approved and binding for the existing contractual relationship when they come into effect, unless you object to them via the communication channels available to you. We will inform you of this consequence when announcing changes.
(2) These Terms and Conditions of Use can be sent to you by e-mail at any time.
(1) For all disputes between you and Garentii, regardless of the legal basis, the agreed place of jurisdiction is Munich, if the user is a business person in the sense of the German Commercial Code, if the user does not have a general place of jurisdiction in the Federal Republic of Germany or if he moves his residence or usual place of domicile out of the area of application of the German Code of Civil Procedure after conclusion of the contract or if this is not known at the time of filing the lawsuit.
(2) All disputes between you and Garentii are exclusively subject to German law, excluding international private law.
If individual provisions of these Terms and Conditions of Use are invalid, or become invalid, the rest of the Terms and Conditions of Use remain valid.
