Effective Date 1. Januar 2025, v1.0.1
Intuinity Lda, located in Estoril (hereinafter referred to as the “Provider”), operates this online portal (hereinafter referred to as the “Portal”). These terms of use govern the rights and obligations of the Provider and the users of the Portal (hereinafter collectively referred to as the “Users”) regarding the use of the Portal and all services provided by the Provider in connection with the Portal.
1. Offer and Use
The Provider publishes information on the Portal regarding financial and insurance products, including service and price comparisons (hereinafter collectively referred to as “Information”), provides advice and mediation in connection with such financial and insurance products, as well as other financial and insurance products requested by Users (hereinafter collectively referred to as “Advice and Mediation”), and sends information via email newsletters to Users (hereinafter the “Newsletters”, collectively referred to as the “Offer”). The Offer is not an invitation or recommendation to purchase or otherwise obtain any goods or services. The Offer is non-binding for Users.
The Offer is exclusively intended for individuals with full legal capacity. The Offer is available free of charge and on a non-binding basis for private use. Any use by other individuals or legal entities, or any commercial use, is prohibited. Users waive, to the extent permitted by law, any claims for commissions or other fees related to advice and mediation by third parties on behalf of the Provider in connection with the Offer.
Users have no entitlement to use the Portal. The Provider may exclude Users from using the Portal at any time without giving a reason. Any use of the Portal that could jeopardize its proper functioning is prohibited. Users must refrain from excessive use of the Portal, including automated use.
The Provider is entitled to transfer any or all rights and obligations related to the Offer to third parties abroad at any time.
2. Quality
The Provider strives to ensure a high quality of the Offer. However, the Provider does not make any direct or indirect guarantees or representations regarding the quality of the Offer, such as the accuracy, completeness, or timeliness of the Information or Newsletters.
Users are required to provide accurate and complete information and other data to the Provider in order to enable a high-quality Offer. Users who submit inaccurate or incomplete data to the Provider are fully liable for any direct or indirect damages that the Provider may incur.
Third parties and their partners, whose advice and mediation are provided to Users through the Provider (hereinafter referred to as the “Advisors and Mediators”), are specifically required to provide their advice and mediation with the utmost expertise and care and to fully comply with applicable Swiss law, as well as professional, provider-specific, and industry-specific recommendations, guidelines, and other applicable provisions. Users who cannot receive advice and mediation must be informed by the respective Advisors and Mediators about alternative consultation and mediation options, including direct and, if available, free consultation and purchasing options with the respective providers of the desired financial and insurance products.
For feedback regarding the quality of the Offer, such as in connection with Advisors and Mediators, the Provider can be contacted via email at [email protected].
3. Warranty and Liability
The Provider operates the Portal professionally and carefully. However, the Portal may be temporarily unavailable in whole or in part, particularly due to technical reasons or maintenance work. The Provider makes no warranty regarding the functionality and services related to the Portal. The use of the Portal is at the Users’ own risk.
The Provider is only liable for direct damages caused by its own grossly negligent or willful actions. Any further liability of the Provider for direct damages, particularly in cases of slight or moderate negligence, is expressly and fully excluded. Any liability of the Provider for indirect damages, consequential damages, or for incorrect, incomplete, or outdated information is expressly and fully excluded. The Provider is also fully exempt from any liability in connection with third parties and auxiliaries. The Provider is particularly not liable for any damages caused by Advisors and Mediators or by information and Newsletters, as well as for damages resulting from errors in electronic communication.
The Provider is also not liable if its obligations arising from these Terms of Use cannot be fully or partially fulfilled due to force majeure. Force majeure includes, in particular, attacks and explosions, riots, wars and civil unrest, fires and lightning strikes, floods and other natural disasters, epidemics and pandemics, IT security incidents, nuclear accidents, power supply restrictions or interruptions, telecommunications service disruptions, strikes, magnetic storms, unforeseen weather events, as well as government-imposed bans. The consequences of SARS-CoV-2 are explicitly also considered force majeure.
The limitation of liability in these Terms of Use applies regardless of the legal basis. Any statutory liability that may be mandatory remains unaffected.
4. Data Protection
General information regarding the processing of personal data and the rights of individuals whose data are processed in connection with the Portal can be found in the Provider’s Privacy Policy. If the Provider operates the Portal on behalf of a client, the privacy notices on the client’s website also apply. The Provider collects and processes the data required to operate the Offer, either directly or on behalf of others.
The Provider is subject to Swiss data protection law and stores personal data and other data on infrastructure in Switzerland. The Provider collects and processes, in particular, data that Users submit directly through forms on the Portal, via apps linked to the Portal, or through other means. Such data includes, for example, names, contact addresses, birthdates, gender, family relationships, Newsletter usage data, and wishes related to advice and mediation. Additional data such as timestamps, IP addresses, operating systems, browsers, and location data may also be generated during the use of the Portal.
The Provider may process all collected data for purposes related to the operation of the Portal and the Offer. Data processing may include, among other things, information, marketing, market research, risk assessment, and mediation purposes. The Provider is entitled to retain data for as long as necessary for the respective purpose or purposes, but at least for ten years. The Provider will implement appropriate technical and organizational measures to ensure data security in accordance with the risk involved.
Users who receive information, advice, and mediation from the Provider via the Portal explicitly consent to the transfer of the data collected and processed by the Provider to third parties, such as Advisors and Mediators. This consent applies to sensitive personal data and data subject to professional confidentiality. Advisors and Mediators are obligated to comply fully with Swiss data protection law.
Users who receive information, advice, and mediation from the Provider via the Portal explicitly agree to receive communications, including Newsletters, from the Provider via email and other electronic communication channels. Data collected by the Provider for Newsletter distribution may also be used in connection with other portals operated by the Provider, particularly for Newsletter distribution across those portals and offers. Users may opt out of receiving Newsletters at any time.
For privacy inquiries, the Provider can be contacted via email at [email protected].
5. Final Provisions
Users acknowledge these Terms of Use by using the Portal. The Provider may amend these Terms of Use at any time without providing a reason. The current version of the Terms of Use applies as published on the Portal. If Users do not agree to any changes in the Terms of Use, they are not permitted to continue using the Portal.
If any provision of these Terms of Use is found to be unenforceable, invalid, or ineffective, the enforceability, validity, and effectiveness of the remaining provisions shall not be affected. In such cases, the parties agree to replace the unenforceable, invalid, or ineffective provision with a provision that is enforceable, valid, and effective, and that comes closest to the original intention of the parties.
The use of the Portal and these Terms of Use is governed exclusively by Swiss law, with the exclusive place of performance and jurisdiction at the Provider’s location. This excludes disputes related to consumer contracts, where consumers may also file claims at their own residence. The United Nations Convention on Contracts for the International Sale of Goods does not apply.