1. SCOPE

These General Terms and Conditions (GTC) govern the mutual rights and obligations between the Customer and ELVIA e-invest in connection with the services provided by ELVIA e-invest. They are an integral part of the asset management agreement concluded between the Customer and ELVIA e-invest.

2. SERVICES

The services offered by ELVIA e-invest are described on the ELVIA e-invest website (invest.elvia.ch). ELVIA e-invest reserves the right to change these services at any time.

3. AUTHENTIFICATION

Anyone who properly identifies themselves using the Customer’s means of identification is authorised to use the services provided by ELVIA e-invest.  In this case, ELVIA e-invest may assume that the instructions and notifications provided originate from the Customer. The Customer is liable for the accuracy of all data transmitted over the Internet using his or her authentication information. Losses resulting from a failure to recognise authentication errors and forgeries shall be borne by the Customer, provided that ELVIA e-invest is not guilty of gross negligence.

4. SECURITY / TRANSMISSION ERRORS

The Internet and the public radio network are open, global networks that are fundamentally accessible to everyone. ELVIA e-invest takes steps to make communication via these channels as secure as possible within the scope of the options available to it. Any losses resulting from the use of the postal service, telephones, e-mail, notifications in the Cockpit and other means of transmission shall be borne by the Customer, provided that ELVIA e-invest is not guilty of gross negligence.

5. RECORDING OF TELEPHONE CALLS, E-MAILS AND DOCUMENT STORAGE

ELVIA e-invest has the right to record and store telephone conversations and electronic communications with the Customer, particularly those transmitted via the ELVIA e-invest online platform (the Cockpit), without further notice and in accordance with the applicable legal provisions.

6. THE PLATFORM

6.1. TECHNICAL REQUIREMENTS

To access the Cockpit, the Customer requires appropriate hardware and software and an Internet connection. These are not made available by ELVIA e-invest; instead, it is the responsibility of the Customer to ensure that he/she has the technology required to use the ELVIA e-invest services.

6.2. ACCESS

The Customer gains access to the Cockpit after successfully identifying himself/herself by entering his/her authentication information (user name, personal password and a transaction number generated via mTAN).

6.3. LOCK

ELVIA e-invest has the right to block access to the Cockpit at any time, without further notice and without indicating its reasons for doing so. Access to the Cockpit is automatically blocked if the authentication information is entered incorrectly three times. The Customer can block access to the Cockpit himself/herself or ask ELVIA e-invest to do so via an e-mail notification in the Cockpit. The Customer can block access himself/herself by entering the wrong authentication information three times. ELVIA e-invest is only able to block access in response to e-mail requests during the applicable service hours. For its part, ELVIA e-invest will block access to the Cockpit automatically three months after termination of the asset management agreement or if there is justified suspicion that the authentication information is being used fraudulently.

6.4. ENTERING AND CHANGING DATA

Changes to customer data must be made by the Customer himself/herself in the Cockpit. To implement certain changes (e.g. changes of name), however, ELVIA e-invest may request proof in advance. If the Customer changes his/her information in such a way that it becomes incompatible either with the ELVIA e-invest service offering or its recommended investment strategy, ELVIA e-invest reserves the right to terminate the asset management

6.5. ORDER ISSUING AND EXECUTION

The Customer can only issue orders for deposits and withdrawals via the Cockpit. They are possible at any time provided that they comply with the asset management agreement. Customer orders become binding when the Customer confirms them using the function provided for this purpose in the Cockpit. Customer orders are executed once they have been confirmed by the Customer. For withdrawals, a valid reference account held in the Customer’s name at a Swiss-domiciled bank is required.

6.6. SECURITY PRECAUTIONS

The Customer must keep his/her authentication information secret in order to prevent abuse by unauthorised third parties. He/she must take the necessary security precautions for the end device used to access the Cockpit. In particular, the Customer must ensure that this end device is suitably protected against access by third parties and computer viruses.

7. SEVERABILITY

If parts of the GTC or other agreements between the Customer and ELVIA e-invest become void or legally unenforceable, this shall not affect the other provisions or parts thereof. The void or unenforceable provision or part thereof shall be deemed to be replaced by a provision or partial provision that achieves the purpose of the original provision or part thereof as comprehensively as possible in accordance with the law.

8. CHANGES TO THE GENERAL TERMS AND CONDITIONS

ELVIA e-invest reserves the right to change the GTC at any time. The Customer shall be notified of such changes by suitable means.  If the Customer raises no objection within four weeks, they shall be deemed to have been accepted. Upon notification of the change, the Customer is free to terminate the affected services with immediate effect using the Cockpit function provided for this purpose. This document replaces all previous versions of the GTC.

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