Scope

  1. All of the following clauses refer to the contractual relationships between the user of Cardea services offered personally and/or digitally via online platforms or websites under various Internet domains of Cardea AG, Winkelriedstrasse 27, CH-8006 Zurich (hereafter referred to as “Cardea”). The GTC apply to all use of Cardea services, in particular to the procurement of service providers from the consulting and financial sector as well as the publication of positioning data, the activation of profiles and the activation and retrieval of content and information.
  2. With the registration and/or transmission of data collection forms and/or contact requests, the user bindingly declares that he has read and understood these GTC and agrees to their validity. Users who do not agree with the validity of the GTC are prohibited from registering on Cardea’s Internet domains.
  3. Unless expressly stated otherwise, all new releases, updates and other new services which Cardea extends or improves in its current version shall also be subject to these GTC.

Offer and Use

  1. Cardea provides users with database(s) and personal expertise to search and provide financial and consulting services as well as their own and/or mediated consulting services. In addition, software-based tools are made available for the publication of demand-oriented content from the services offered by Cardea. No activities requiring approval are undertaken as a bank, securities dealer, asset manager or investment and/or securities advisor.
  2. With complete registration, the user receives the non-transferable and non-exclusive right to use services via Cardea’s Internet domains himself and only for his own purposes in accordance with these GTC. Any use deviating from this requires the express, separate, prior written consent of Cardea. This applies in particular to the duplication as well as the provision of the software or copies of the software to third parties, or parts thereof, free of charge or against payment, even if this is done on computers owned by the user.
  3. Cardea reserves the right to change, interrupt or discontinue all or individual software features temporarily or permanently at any time, with or without notice to the user. The user agrees that Cardea shall not be liable to him or third parties for changes, interruptions or the discontinuation of individual or all services.
  4. Cardea shall endeavour to make the Internet-based services available 24 hours a day, 7 days a week and to ensure the greatest possible availability of the servers. However, it is expressly pointed out that 100% availability cannot be guaranteed by Cardea.

Data Protection / Confidentiality

  1. With its services in the relevant markets, Cardea creates more transparency and high-quality access to selected and audited service providers.
  2. In order for Cardea to be able to offer the services offered to users or visitors of Cardea’s Internet pages, Cardea requires various user data. Depending on the use of the Internet pages or services, personal data may also be required.
  3. We take the protection of all personal data and compliance with applicable data protection laws very seriously. Cardea is committed to use all personal data carefully and exclusively for the intended purposes and adheres to the applicable data protection laws. The personal data transmitted to us will only be used for the provision of the requested services if, in particular in accordance with our privacy policy, the users consent to this or any other use or if this is permitted by applicable law. Our privacy policy gives an overview of how we guarantee this protection, what kind of data is collected for what purpose and how we process it.
  4. Cardea adheres to treat data that has not been released confidentially and, in particular, not to make it accessible to third parties. Every Cardea employee is obliged to treat e-mails and other contact data received from users in connection with the use of Cardea services confidentially and not to make them accessible to third parties without the consent of their originator.

Conclusion of Contract

  1. A separate contract shall be concluded with the providers of the services brokered by Cardea. The GTC are an integral part of this contract.
  2. A contract is concluded with users seeking advice and/or brokerage as soon as the user has registered on Cardea’s websites or an order is confirmed in writing or by e-mail. By registering or logging in, the user also declares his consent to these GTC.

Remuneration / Prices & Invoicing

  1. Cardea offers its users neutral, independent, free or chargeable digital and/or personal brokerage and consulting services. Cardea finances its free brokerage services for users through payments from the providers, which thereby save administration and distribution costs. In order for Cardea to be able to provide these services independently and in line with users’ needs, the remuneration structures are designed in such a way that there are no material and/or non-material incentives which could lead to the preference of individual or several providers or which could stand in the way of objective, independent brokerage. The Cardea guarantee of independence applies without restriction to all comparisons and brokerage.
  2. To enable Cardea to carry out brokerage services and to issue corresponding invoices to the providers with whom customers have been successfully brokered, the user hereby expressly permits Cardea and the selected providers to provide the necessary information. In this respect, the user releases Cardea and the selected provider(s) from the agreed and/or statutory confidentiality obligations.
  3. Insofar as Cardea’s offers are subject to charges for the user, the prices and terms of payment agreed at the time of conclusion of the contract shall apply.
  4. Prices are subject to change without notice. In the event of price changes, the users shall be entitled to an immediate extraordinary right of termination within a period of 14 days of the announcement of the new prices or the possibility of taking note of the prices (see also Section 6). If this right is not exercised in writing against Cardea within the period, it shall expire and the changes to the contractual conditions shall be deemed tacitly accepted.
  5. Invoices for chargeable services will be issued by post or e-mail.

Duration and Termination

  1. Both contracting parties reserve the right to extraordinary termination for good cause. A good cause may exist, for example, in the event of default in payment or breach of these General Terms and Conditions. In the event of termination for good cause, there is no entitlement to reimbursement of services already paid or non-payment of outstanding invoices.

Limitations and Exclusion of Liability

  1. A liability of Cardea is excluded to the extent permitted by law. Liability shall in particular not apply:
    • for the availability, correctness and completeness of the offer or other information published on the websites and/or transmitted directly by Cardea,
    • for damages incurred in connection with the use of the access by a person other than the person named in the registration,
    • for consequential damages, in particular for damages to hardware, software or due to loss of data on the part of the user as well as financial damages or loss of profit,
    • for illegal and immoral actions of other users,
    • for the impairment or destruction of the Internet platform or the functionalities through technical disturbances, force majeure, strikes, interruptions of operations or other external disturbances,
    • for the content of project enquiries, information for the brokerage of users, the handling of orders and communication between users and providers,
    • for content posted by Internet users or by users / providers / partners of Cardea, as well as for Internet pages referred to or by Cardea,
    • for damage to PCs resp. harassment and damage to Cardea users caused by communication with other users or by calling up external links.
  2. In all respects, Cardea does not guarantee the reliability, creditworthiness, correctness, fulfilment or any other content of the content submitted by third parties (providers, partners, users, etc.). The use of any recommendations or other information in all areas of the website, personal information or the blog is at your own risk.
  3. All links on this website are for information and convenience only. A link does not constitute an endorsement or recommendation by Cardea and does not imply that Cardea is in any way connected with the website to which this link exists. Cardea doesn’t take responsibility for the content of websites to which a link exists.
  4. Cardea shall not be liable for any loss, damage or liability arising out of any content, activity, conditions or policies posted on or in connection with the website or blog or any separate agreements between the user and any other user or provider.
  5. Without prejudice to the other terms and conditions, Cardea’s total liability to the User (whether arising from negligence or otherwise) under these terms and conditions shall be limited to the amount paid by the User for the services received through this website.

Warranty

  1. In the event of non-contractual provision of services by Cardea, the user must notify Cardea of the defect in writing immediately, but no later than within a period of 5 days of becoming aware of the defect or of the possibility of becoming aware of it.
  2. Cardea shall be entitled to remedy justified defects by rectification or alternative solutions. As long as amendments or solutions offered have not finally failed, the user’s claims for reduction or rescission shall be excluded.
  3. Cardea is not obliged to remedy defects which are insignificant or caused by the user himself or are attributable to his influence.

Other Provisions

  1. Cardea reserves the right to redesign and amend these GTC.
  2. The user declares that he agrees to the application of the amended terms and conditions to contracts already concluded prior to the respective amendment, provided that Cardea informs the user that an amendment to the GTC has taken place and that the user does not object to the amendment within a period of two weeks, commencing on the day following the notification of amendment. In this case, the change in question shall be deemed to have been approved.
  3. The contractual relationship between Cardea and the respective user shall be governed exclusively by Swiss law. The place of jurisdiction is Zurich. However, Cardea is also entitled to assert its rights at the domicile of the user or before any other competent authority.
  4. The current version of the General Terms and Conditions published on the Internet shall apply between the user and Cardea.
  5. The invalidity of individual provisions of these GTC shall not affect the validity of the remaining provisions and the contract as a whole. In this case, the contracting parties commit to immediately induce a provision that comes as close as possible to the economically intended purpose of the invalid provision.
  6. All changes and amendments to these GTC and all other relevant declarations of the contracting parties must be made in written form.