Terms of Use of the ePlix Platform

1. Scope

These Terms of Use ("Terms of Use") of eCare Ltd., based in Cham (CHE 114.337.535, "eCare") govern the use of the electronic ePlix platform ("ePlix") by end users ("Users"). Any User who registers on ePlix is deemed to have accepted the binding Terms of Use. With this registration, a corresponding contract between the User and eCare regarding the use of ePlix is concluded.

eCare reserves the right to make amendments to these Terms of Use at any time. Any amendments are notified to the User in the appropriate form, and are deemed to have been accepted on their continued use of ePlix. Should the User not wish to accept the amendments, their registration must be cancelled when the amended Terms of Use are due to come into force, thereby terminating their contract with eCare.

The contract with eCare and the Terms of Use govern the relationship between eCare and the User regarding the provision of services by eCare. Should services and information be provided via ePlix by partners of eCare, i.e. employers, banks, insurance companies and pension funds (hereinafter referred to as "Providers"), these are the responsibility of the Providers, and not of eCare. These are provided within the framework of the contracts concluded between the User and these Providers, and are subject to any restrictions that may have been agreed in this context. With the exception of employers, Providers are listed by name at eplix.ch/providers. Providers may, in turn, call on the services of third parties such as brokers, consultants, fiduciaries and asset managers.

2. Right of use and range of services

2.1

Subject to compliance with and the restrictions of the Terms of Use, eCare hereby grants the User a non-exclusive, non-transferable right to the intended use of ePlix for the duration of the contract, in accordance with the range of services described below.

2.2

Through ePlix, eCare offers the User an electronic platform for the personal administration of their
a) salaries,
b) banking assets,
c) other assets,
d) pension assets,
e) insurance contracts.

The selection of information available on ePlix and the possible administrative actions are based on the offering from the relevant Provider. The way in which the User makes use of this information and these administrative possibilities is the sole responsibility of the User, within the framework of their relationship with the Provider. The role of ePlix is merely to provide the platform.

2.3

Users can all decide for themselves which of the possible Providers (with which the User has a relationship) they would like to receive information from via ePlix, and with whom they would like to communicate or whose services they would like to make use of via ePlix, including the possibility of issuing orders or sending legally binding messages. Further details can be found in the offer specifications and special conditions of the relevant Provider.

2.4

In principle, the information transferred to ePlix by a Provider for the attention of the User and displayed in ePlix is made available to the User in the form of an archive function that remains available, even after the termination of their relationship with a Provider, for a restricted period determined individually by eCare, provided no other agreement has been reached with the Provider.

2.5

The use of ePlix is free of charge for the User. The User, in return, accepts that eCare will receive compensation from Providers in connection with their use of ePlix, and is entitled to retain this compensation in full.

3. Recipients and access restrictions

3.1

Users must be natural persons aged 18 and above with legal capacity.

4. Registration and access to the Platform / authentication

4.1

ePlix is accessed via the User’s terminal device, with the User choosing the Provider of the access service (e.g. Internet provider, telecommunications provider). The term “terminal device” includes both the hardware (including mobile devices such as smartphones) and software (apps in particular) used to obtain access. It is the responsibility of the User to ensure that their terminal device is and remains compatible with ePlix; eCare may adjust the relevant requirements at any time (e.g. as a result of technical developments).

4.2

Registration and identification
The User is obliged to register using truthful information and to update the details without delay in the event of any changes. The following must be entered: surname, first name, date of birth, social security number and nationality in accordance with the identification document, residential address, e-mail address and mobile phone number registered in the name of the User. For security reasons, the mobile phone number is verified by means of a corresponding confirmation prompt.
Access to services offered by the Provider may also require additional identification during registration or thereafter, by means of a live video selfie using the camera of the mobile device, the upload of the copy of an identification document or another suitable form of secure identification. The process of identity verification may be automated, and may include the processing of biometric data (comparison with ID photograph using facial recognition).

4.3

Access to ePlix
Users who verify their authorisation by entering their means of identification will be granted access to ePlix and hence to the information and services from Providers it contains. The currently valid means of identification are the personal password chosen by the User and an SMS code, or an alternative authentication service offered by ePlix. eCare may make changes to the type of identification method at any time.

4.4

Effect of verification of identity
The User is responsible for all actions carried out via ePlix following presentation of their means of identification, as if these actions were their own. The User also accepts this rule towards Providers, if the actions carried out via ePlix in connection with these Providers were executed on the basis of their information and services. This means that the Providers fulfil queries carried out via ePlix and can receive orders and legally binding messages sent via ePlix as if they were those of the User. This also applies if the person concerned is not the actual person with authorised access. The User acknowledges without reservation all transactions carried out within the framework of ePlix using their means of identification. All instructions, orders and communications that reach the Providers in this way are deemed to have been issued and authorised by the User.

5. The User’s duty of due diligence

5.1

In connection with the means of identification
The User shall change the password they have chosen on a regular basis. The password must not consist of easily identifiable combinations (e.g. telephone number, date of birth, car registration number).
The User shall keep their means of identification secret and protect them against misuse by unauthorised persons. In particular, passwords must not be stored unprotected on the terminal device of the insured or recorded in any other way. Means of identification must not be passed on or otherwise be made available to third parties or representatives. Requests to the User from eCare to enter or disclose their means of identification (e.g. requests by e-mail or e-mail messages containing links to login pages, so-called phishing e-mails) must not be answered and must be deleted immediately by the User.
If the User suspects that unauthorised third parties may have gained knowledge of their means of identification, they shall immediately change or modify the relevant means of identification. If this is not possible, the User shall immediately have access to the relevant services blocked or shall block it themselves (see clause 6).

5.2

In connection with the terminal device of the User
The User shall minimise the risk of unauthorised access to their terminal device. The User shall take the customary security precautions for public electronic networks. The User shall immediately install software updates and security patches from the respective Providers.
If the User suspects that unauthorised third parties may have gained access to their terminal device, they shall notify eCare immediately (see clause 15).

5.3

In connection with the entry of data and orders
The User is responsible for the completeness, accuracy and up-to-dateness of the data they enter. The User remains responsible for the data until they have been received by the Provider’s system for further processing.
Furthermore, the User undertakes to ensure that they are in possession of all rights, authorisations and, if necessary, consent and approval for the processing of User data (including personal data) in ePlix.
Where the User has placed an order with a Provider by electronic means and subsequently discovers that a Provider has not executed the order or has only partially executed it, they shall notify the Provider immediately. If the status of an order to a Provider is unclear, the User may notify the contact point (see clause 15).

5.4

In connection with the property rights of eCare
The User undertakes to refrain from using ePlix or any parts thereof for any other than the intended purpose, to copy them (beyond any copies necessary for appropriate use), to pass them on, make them accessible to others, modify them, decompile them or carry out any other form of reverse engineering (unless permitted by law). The User must not use ePlix or any parts of it to create derivative works, and must not circumvent the security measures contained in or associated with ePlix.

6. Blocking by the User

The User may arrange to block access to ePlix. Such blocking may be requested through the contact point (clause 15). In addition, the User may temporarily block their access themselves at any time by entering their means of identification incorrectly until the block is displayed. The removal of the block can be requested by the User through the contact point (clause 15).

7. Information on security, confidentiality and risks associated with electronic

7.1

Communications Within the framework of ePlix, eCare may provide a communication channel for the mutual exchange of information between the User and itself (hereinafter referred to as “Communications”). The User acknowledges that this channel is not appropriate for timecritical Communications. eCare processes Communications during regular business hours only.

7.2

Electronic communication

7.2.1

The User agrees that eCare, the Providers (within which the User maintains a relationship on ePlix) and their distribution partners can send, via eCare, advertising that is personalised and based on the User’s situation as known to eCare. eCare may also disclose details of interests and preferences, as well as contact details to Providers. Users may revoke this consent to proprietary and third-party advertising at any time with regard to the future by informing eCare, the contact point in particular (clause 15). The revocation of consent to the use of data already disclosed to Providers must be reported by the User directly to the Providers concerned. The Providers have their own data privacy statements that apply to the data processing carried out by them. For further information on Providers, see: eplix.ch/providers.

7.2.2

eCare may assume that all Communications originate from or are authorised by the User if these Communications are sent from addresses (such as e-mail addresses or mobile telephone numbers) entered by the User during registration, or in some other way. eCare is entitled to contact the User via these addresses for its purposes, and no further sender or recipient identification is required. All Communications sent by eCare to these addresses are deemed to have been delivered to the User.

7.2.3

In the case of data transmission via an open network accessible to everyone (e.g. email, Internet, text messages), the following risks, in particular, exist, which the User accepts:
· Communication is generally not encrypted. Unauthorised third parties may become aware of the transmitted content and infer an existing or future business relationship with the Providers.
· Even with encrypted transmission, the sender and recipient are not encrypted. Therefore, third parties (e.g. the Internet provider) may be able to infer an existing client relationship.
· Even where the sender and recipient are located in Switzerland, data may be transferred abroad, where there may be no data protection comparable to that in Switzerland.
· The identity of the sender (e-mail address, mobile phone number) may be faked or manipulated by unauthorised third parties (such as hackers). The content of Communications may be altered by third parties.
· Communications may contain malicious software or viruses that may cause damage to the recipient. Suspicious Communications are automatically deleted by eCare before they are received.
· Communications may be delayed or not reach the recipient at all for technical reasons or due to disruptions by third parties.

8. Data privacy and Provider authorisation for data disclosure

8.1

The processing of personal data by ePlix is described in greater detail in the ePlix Data Privacy Statement (see www.eplix.ch/datenschutzerklärung), which may be revised periodically. Any new version will apply from the moment of the next login following its publication on ePlix or notification of the User.

8.2

The User authorises all Providers whose information and services the User would like to access within ePlix to make the necessary data available to eCare, even if doing so would be subject to professional secrecy on the part of the Provider. The User acknowledges that eCare is an autonomous provider in its own right and not an agent to the Providers, and as such is not subject to the professional secrecy of the Provider concerned. Conversely, the User also authorises eCare to make available to the relevant Provider all of the User’s data connected with the use of information and services from the Provider via ePlix. This can may also include particularly sensitive personal data.

8.3

Beyond the Data Privacy Statement, eCare reserves the right (also in the interest of other companies associated with eCare) to use and analyse (i) pseudonymised usage data for the purpose of the optimisation, improvement and ongoing development of ePlix and (ii) the content accessible and subsequently pseudonymised in ePlix for statistical purposes.

9. Limitation of warranty and liability

9.1

Improper use of means of identification The User will bear the losses arising from the improper use of their means of identification, for example in the event of unlawful access by third parties or from fraud, insofar as
the User has breached their duty of due diligence. If neither eCare nor the User have breached their duty of due diligence, the losses will be borne by the User. The User will also be held responsible for any consequences resulting from another violation of their duty of due diligence or other obligations according to this agreement.

9.2

Use of communication channels
The public and private data transmission networks for exchanging information and the terminal device of the User are part of the overall system. However, they are beyond the control of eCare and may become a vulnerability of the system. In particular, they may be subject to interference by unauthorised third parties. Transmission errors, delays and system interruptions or failures may also occur. For example, the information transmitted by Providers or their distribution partners via e-mail, text message or push notification may be misdirected or delayed. In this context, eCare disclaims all warranties and liability to the extent permitted by law. In particular, eCare will not be held liable for damage resulting from software faults, hacker attacks or other problems caused via the internet.

9.3

Disruptions, interruptions and data loss eCare does not guarantee disruption-free or uninterrupted access to, or the availability and suitability of, a specific function of ePlix. ePlix is offered on a best effort basis without specific service levels. Users make use of ePlix at their own risk. To the extent permitted by law, eCare disclaims all warranties and liability for damage resulting from interruptions, malfunctions, data loss, delayed transfer or other disruptions in connection with ePlix. If the User wishes to protect themselves against the loss of their data in ePlix, they are responsible for ensuring the appropriate data backup (see information on the possibility of a download link as per clause 10). eCare reserves the right to interrupt ePlix and its services temporarily or permanently at any time, for example for the purpose of combating security risks, for maintenance or capacity reasons, or for legal or business reasons. In the event of a fault, interruption or block, it is the User’s responsibility to submit their orders of Communications to Providers or their distribution partners directly.

9.4

Accuracy, completeness and up-to-dateness of the data
eCare is not responsible for the correctness or completeness, quality or up-to-dateness of the data displayed or transferred via ePlix, and excludes its warranty and liability in this respect to the extent permissible. The Provider alone is responsible for the information and services originating from Providers; the User will be required to address any errors or complaints to the Provider concerned. Details of balances, accounts and securities, as well as generally accessible information, shall be deemed to be provisional and non-binding, unless they are expressly marked as binding.

10. Contract duration, termination (including data access) and suspension

The contract concluded with eCare on the User’s registration to use ePlix is of indefinite duration, and can be terminated by either party at any time without justification. The User may communicate their termination via ePlix or in writing, while eCare can communicate the termination to the customer using the address provided to eCare.
In the event of a termination, eCare will provide the User with the information on Providers that is available via ePlix and has already been saved in the eCare system in electronic format as a download for ten days (such a download link can also be requested free of charge by the User at any time during the use of ePlix). eCare will then be permitted to delete these data. eCare does not have any further obligations in connection with the dissolution of the contractual relationship. The dissolution of the contract with eCare does not have any effect on the contractual relationship between the User and the relevant Providers. Furthermore, ePlix is authorised to completely or partly block access and use rights for ePlix for the User at any time if it has a reasonable reason to do so, such as suspicion of misuse or the occurrence of a security problem. This will be notified to the User in an appropriate form.
The User will not be entitled to any claims against eCare as a result of such blocking or termination.

11. Links to other websites

Links to external websites are indicated as such in ePlix. Such information linked to ePlix is completely beyond the control of eCare, which is why eCare accepts no responsibility whatsoever for the accuracy, completeness, lawfulness, quality and up-to-dateness of the content or for any offers and services contained therein. Any links to such information are made at the User’s own risk.

12. Rights to programmes, functions and trademarks

All rights to information, programmes, functions and contents accessible via ePlix (with the exception of the content transferred by the User or at their request) are and remain the property of eCare and its licensors (in particular copyright, trademark rights, design rights and other property rights). The termination of this contract will also result in the termination of the right to use ePlix or parts thereof, and any copies that have been made must be deleted.

13. Connection charges

The use of ePlix may result in connection charges for data transmission. eCare recommends that Users clarify this issue with their mobile phone provider.

14. Applicable law and place of jurisdiction

All legal relationships maintained by eCare with the User as a result of the use of ePlix are subject exclusively to Swiss law. Subject to mandatory responsibilities, the parties agree to the place of business of eCare as the exclusive place of jurisdiction.

15. Contact point

The contact point and correspondence address for ePlix are indicated on the platform (www.eplix.ch). The contact point is available during regular business hours or the service hours listed on the website. Contact point (including for blocking issues): [email protected]