Terms of use of the "Coop Finance+" app
1. Scope/General
The Coop Cooperative, Thiersteinerallee 12, 4053 Basel (hereinafter "Coop") operates the "Coop Finance+" mobile application (hereinafter "the App"). The purpose of the App is to enable users to conclude agreements with selected partners (hereinafter "Partners") in the area of pensions, insurance and other financial services (hereinafter "Financial Sector").
The present terms of use (hereinafter "Terms of Use") govern the use of the App.
By using the App you expressly declare your consent to these Terms of Use.
In using the App, you may conclude an agreement directly with selected Partners (see Services offered, in section 3 below). With regard to the services provided by the Partners, the terms that apply are exclusively the respective Partner’s terms and conditions, including any General Terms and Conditions, which may be viewed using this App.
2. Terminology
The term "Coop Finance+" describes the Financial Sector services made available via the App. It does not refer to a legal person.
3. Services offered by the Partners
Through the App, Coop makes available to you a platform for concluding agreements with selected Partners in the Financial Sector.
Coop is not a supplier of Financial Sector services and does not provide any financial services. In relation to insurance companies, Coop counts as a tied insurance broker within the meaning of the Insurance Oversight Act (IOA).
The information contained in the App in no way constitutes an offer or recommendation to purchase or sell financial instruments or to enter into agreements regarding financial services or other services (e.g. opening a bank account) by Coop or an invitation to do so. Coop is not in
any way subject to licensing, registration or other obligations under financial market supervision law, apart from the obligations arising from Coop’s activity as a tied insurance broker.
Similarly, the retrieval of information about the customer in order to create a user account is in no way a form of recommendation, advice or other financial service.
The decision whether to conclude an agreement with a Partner for a related service is your responsibility.
Information contained in this App regarding services in the Financial Sector labelled with the name of one of our Partners originates from the respective Partner and not from Coop. The Partner concerned is responsible for this information.
You acknowledge that the respective Partners are solely responsible for complying with the legal and contractual provisions applicable to the offer to purchase and to the provision of services in the Financial Sector
4. Target audience and restrictions on use
he use of the App and and the conclusion of agreements with Partners in the financial sector (hereinafter “Use of the App”) are reserved exclusively for natural persons resident in Switzerland.
Persons deemed to be US persons are also excluded from the Use of the App. The term “US persons” covers:
(i) natural persons resident in the United States;
(ii.) United States nationals;
(iii) US persons within the meaning of the US Foreign Account Tax Compliance Act (FATCA);
(iv) companies, trusts and businesses organized or incorporated under the laws of the United States;
(v) agencies and branches of non-US companies located in the United States;
(vi) discretionary asset management accounts or similar accounts (other than an estate or trust) held by a dealer or other fiduciary organized or incorporated in the United States or, in the case of a natural person, resident in the United States;
(vii) estates of which any executor or administrator is a US person;
(viii) trusts of which any trustee is a US person;
(viv) partnerships of which one or more partners is a US person.
Also excluded from the Use of the App are natural and legal persons who
(i) are subject to a sanction imposed by Switzerland, the European Union, the United Kingdom or the United States, or who
(ii) have direct or indirect beneficial ownership of a legal person subject to such a sanction, or who
(iii) are organised or resident in a jurisdiction, country or region subject to a nationwide or region-wide sanction imposed by Switzerland, the European Union, the United Kingdom or the United States. The Use of the App is intended purely for private purposes. By downloading, installing and/or using the App, you confirm that you fulfil these requirements at all times.
5. Use of the App
5.1 No unlawful use
You undertake always to use the App in a lawful manner. In particular, you may not:
- use the App for illegal purposes or in any manner incompatible with these Terms of Use, or act fraudulently or maliciously, such as through hacking or by inserting malicious codes (including viruses or harmful data) into the App;
- use the App in a manner that could in any way damage, deactivate, overload, endanger or harm our systems or their security, or could hinder or endanger other users;
-collect or capture information or data about the App or our systems, or attempt to decrypt transmissions to or from the systems that operate the App; or
- use the App to transmit defamatory, racist, discriminatory, illegal, unethical or otherwise inappropriate information;
- copy or alter the App or decompile the App's code, except as provided for by law.
- use the App to transfer funds of which you are not the beneficial owner.
5.2 Technical requirements
Technical access to the App is gained via your terminal device. You choose the supplier of the access service (e.g. internet provider or telecommunications service provider). The term "terminal device" refers both to the hardware used for access (including mobile equipment such as smartphones) and to the operating software. Your terminal device must always meet the latest security requirements (see also Your duty of care, in section 5.5 below).
5.3 Registration
Registration for the App is exclusively reserved for competent persons (i.e. those who are of age and able to make judgements) whose competence is not restricted by an official adult protection measure. Registration is not open to competent persons for whom a representative deputyship has been established which prevents them from accessing their assets.
Upon first using the App, you will be requested to create a user account and store the necessary customer details. The details required on registration must be entered truthfully and completely. For security reasons, the mobile phone number and e-mail address may be checked by means of a confirmation request. You are responsible for updating your own details.
If an additional card is applied for, the account holder will be prompted to enter the required customer details for the person for whom the additional card is being requested. The account holder must ensure that the required details are entered correctly and in full. For security 4 of 9 reasons, the mobile phone number and e-mail address may be verified by sending a confirmation request to the person for whom the additional card is being requested.
Subsequently, the person for whom the additional card is being requested is responsible for keeping their data up to date.
Registration is free. There is no entitlement to being approved to use the App.
5.4 Authentication
Access to the App is granted via two-factor authentication to anyone who can prove their authorization by entering the registered e-mail address, the password and the second authentication feature, such as a text message or Face ID ("Means of Authentication").
You acknowledge unreservedly that all instructions and communications sent to Coop using the valid Means of Authentication are deemed to have been sent and authorized by you. With regard to the Partners, you acknowledge unreservedly that all instructions, communications and orders sent to the Partners using the valid Means of Authentication are deemed to have been sent and authorized by you.
5.5 Your duty of care
Regarding Means of Authentication
You are required to change your selected password regularly. The password should not consist of an easily identifiable combination (such as a telephone number, date of birth or car registration number).
You must keep your password and your other Means of Authentication secret and protect them from misuse by unauthorized persons. In particular, your password must not be stored in an unprotected manner. Your Means of Authentication must not be passed on or otherwise made accessible to third parties. You must not respond to requests apparently originating from Coop asking you to disclose your password (e.g. requests by e-mail or e-mails with links to login pages, known as phishing e-mails).
You must log off from the App each time you finish using it.
If you suspect that unauthorized third parties have discovered your password, you must change this password immediately. If this is not possible, you must call the Service Center immediately (see section 7 below) and ask it to block access to the relevant services.
Regarding terminal device
When you use the internet or mobile services, there is a constant danger that third parties may obtain access to your personal data undetected and that viruses may spread to your terminal device while you are using the App. Using up-to-date antivirus programs can reduce the risk and you are recommended to use these. In order to minimize the risk of unauthorized access to your terminal device, you must also take the customary security precautions. We recommend 5 of 9 you set up a password for accessing your terminal device and avoid using public Wi-Fi networks.
You are required to keep the operating system of your terminal device up to date, install all the recommended software and security updates immediately, and always use the latest version of the App.
If you suspect that unauthorized persons have gained access to your terminal device, you must report this to the Service Center (see section 7 below) immediately.
5.6 Breaches of duty of care
You acknowledge that you bear the loss caused by improper use of your Means of Authentication.
5.7 Consequences of failure to comply with the Terms of Use
We can at any time terminate your right to use the App if you have breached these Terms of Use.
If we terminate your right to use the App, you must permanently delete the App from all devices in your possession and we are entitled to deny you access to the services via the App.
6. Availability of the App
6.1. Availability of services and information on the App
Coop takes all reasonable steps to enable you to access the App, apart from during regular and irregular maintenance periods, and thus to access the information it contains and the related services. However, Coop cannot guarantee access to the App at all times. Access to the App
may temporarily or for an extended period be disrupted or rendered impossible owing to technical problems that are your responsibility or the responsibility of a network operator, power company or Coop itself.
Investment transactions, whereby the amounts paid in are automatically invested in accordance with the selected investment strategy, or sold off in the case of withdrawals, are executed every two weeks. Strategy changes, whereby changes of strategy instigated by you as the end customer are implemented, are executed once a week. If the App cannot be accessed due to technical problems shortly before an investment transaction and/or strategy change, the
investment transaction and/or strategy change will automatically be postponed until the following week.
Coop also reserves the right to suspend access to the App, and thus to the information it contains and the related services, in special circumstances (particularly in the event of security risks or maintenance work).Coop may alter certain functions of the App (temporarily or permanently), such that you may not always be able to access all services. In addition there is a 6 of 9 possibility that you may not be able to use the App (at all, or only for certain functions) owing to the operating system or model of your terminal device.
You have no claim whatsoever against Coop for any such malfunction or interruption.
6.2. Amendments to the App
We reserve the right to update the App automatically from time to time in order to improve performance, increase functionality, take account of changes to the operating system or rectify security issues. Alternatively, we may ask you to update the App for these reasons.
If you decide not to install such updates, or you decide against automatic updates, you may no longer be able to use the App and the related services.
7. Support
For technical questions regarding the use of the App, please contact the Service Center during normal office hours on +41 (0)848 116 611 (CHF 0.08/min.). Alternatively, we advise you to consult the FAQs on our website at www.coopfinanceplus.ch.
8. Push notifications
Coop has introduced a push notification service for notices connected with the App (hereinafter "Push Notifications"), which forms part of the App. When Push Notifications are activated on your terminal device, you will receive various types of information in the form of a message sent directly to your terminal device, such as notifications relating to services provided by the Partners.
You yourself must activate Push Notifications on your terminal device. Activation and deactivation are carried out directly via your end device’s operating system.
Coop offers no guarantee that Push Notifications will function correctly, and in particular it guarantees neither the receipt nor the transmission speed of Push Notifications. Coop accepts no responsibility in the event that Push Notifications are not sent or received.
You understand and acknowledge that Push Notifications and their content are still visible when the App is not open or is running in the background, and possibly also when your terminal device is locked. In consequence, you understand and accept that third parties who have access to your terminal device may also obtain access to the content of the Push Notifications.
We advise you against using the App on another person’s mobile device or activating Push Notifications on such a device.
9. Rights to the App
You are permitted to use the App in compliance with these Terms of Use. Your right of use is restricted to private use and is not exclusive, not transferable and may be revoked by us at any time. Any other use, particularly the duplication, modification, copying, sharing and sale of the App, is prohibited. The use of the services provided by the Partners in the App does not count as use of the App.
With the exception of the right of use conferred above, all rights (including all intellectual property rights) in the App accrue to Coop and/or third parties engaged by Coop ("Owners"). The Owners’ rights to the App remain explicitly reserved.
10. Third-party content
The App also contains content (e.g. General Terms and Condition) from the Partners. You acknowledge that Coop has not verified such content and is not responsible for it. In this respect, please note also the limitation of liability (see section 12).
11. Outsourcing
In order to outsource all or part of the activities, Coop is entitled to obtain services from third parties in Switzerland and abroad. Subject to the exclusion of liability (see section 12), these outsourced activities remain under the responsibility and supervision of Coop. In relation to data protection, Clause 6 of the Coop Finance+ Privacy Policy applies to outsourcing (see also section 13 below, Data protection).
12. Restriction of liability and restriction of warranty
In connection with the use of the App, Coop is liable solely for damage caused to you by Coop or its employees intentionally or through gross negligence. You acknowledge that any further liability on the part of Coop is excluded.
You acknowledge that Coop has no obligations in relation to the services provided by the Partners and that the Partners alone are responsible for them. Coop therefore accepts no liability for the services made available via the App Furthermore, Coop accepts no liability for the content of websites connected to the App by links, or for content, documents and other information provided by the Partners that can be connected to or accessed from the
App.
You are responsible for technical access to the App, and especially for the network providers and for the hardware and software you use. You acknowledge in particular that Coop accepts no responsibility for the network providers and excludes any liability for damage caused to you through transmission errors, technical faults, malfunctions, illegal infiltration of telecommunications systems and networks, network congestion, deliberate blocking of electronic access by third parties, interruptions or other transmission failures.
Although we endeavour to ensure that the App is up to date and free of programming errors, we cannot guarantee this.
Coop provides no guarantee regarding the operating mode and availability of the App or access to the services. You release Coop from any liability that could arise from the use of the App, or from the inability to use the App or access the services.
13. Data protection
The Coop Finance+ Privacy Policy governs our use of your personal details. We expressly refer to this Privacy Policy. The Coop Finance+ Privacy Policy may be viewed here
14. Final provisions
14.1 Amendments to the Terms of Use
Coop reserves the right to amend these Terms of Use at any time. Coop will in each case communicate the amended Terms of Use to you in an appropriate manner four weeks in advance. In each case, the amendments come into force as soon as they are implemented.
You hereby agree to be bound by the amended Terms of Use as soon as you first use the App after the changes have been implemented
14.2 Relationship to additional provisions
Specific areas of the App may contain additional provisions, conditions, information, instructions etc. (hereinafter "Additional Provisions"). In the event of any discrepancies between the present Terms of Use and the Additional Provisions relating to the use of the App, the present Terms of Use take precedence.
For the avoidance of misunderstandings, it should be noted that the legal relationship between you and the Partners is governed not by these Terms of Use but solely by the General Terms and Conditions and other contractual provisions of the Partners.
14.3 Separability clause
Should parts or individual provisions of these Terms of Use prove unenforceable or invalid and/or contradict the legal requirements, this shall not affect the validity or enforceability of the remaining provisions. In place of the invalid or unenforceable provision, a valid and enforceable provision shall be applied which reflects as closely as possible the commercial purpose that you and Coop intended to pursue by means of the invalid, unenforceable provision.
14.4 Applicable law and place of jurisdiction
The legal relationship between you and Coop in relation to the use of the App is governed by substantive Swiss law to the exclusion of conflict of law provisions.
The place of jurisdiction for disputes between you and Coop in connection with the use of the App is your domicile or Basel-Stadt.
Version: 5 September 2023
1. Scope/General
The Coop Cooperative, Thiersteinerallee 12, 4053 Basel (hereinafter "Coop") operates the "Coop Finance+" mobile application (hereinafter "the App"). The purpose of the App is to enable users to conclude agreements with selected partners (hereinafter "Partners") in the area of pensions, insurance and other financial services (hereinafter "Financial Sector").
The present terms of use (hereinafter "Terms of Use") govern the use of the App.
By using the App you expressly declare your consent to these Terms of Use.
In using the App, you may conclude an agreement directly with selected Partners (see Services offered, in section 3 below). With regard to the services provided by the Partners, the terms that apply are exclusively the respective Partner’s terms and conditions, including any General Terms and Conditions, which may be viewed using this App.
2. Terminology
The term "Coop Finance+" describes the Financial Sector services made available via the App. It does not refer to a legal person.
3. Services offered by the Partners
Through the App, Coop makes available to you a platform for concluding agreements with selected Partners in the Financial Sector.
Coop is not a supplier of Financial Sector services and does not provide any financial services. In relation to insurance companies, Coop counts as a tied insurance broker within the meaning of the Insurance Oversight Act (IOA).
The information contained in the App in no way constitutes an offer or recommendation to purchase or sell financial instruments or to enter into agreements regarding financial services or other services (e.g. opening a bank account) by Coop or an invitation to do so. Coop is not in
any way subject to licensing, registration or other obligations under financial market supervision law, apart from the obligations arising from Coop’s activity as a tied insurance broker.
Similarly, the retrieval of information about the customer in order to create a user account is in no way a form of recommendation, advice or other financial service.
The decision whether to conclude an agreement with a Partner for a related service is your responsibility.
Information contained in this App regarding services in the Financial Sector labelled with the name of one of our Partners originates from the respective Partner and not from Coop. The Partner concerned is responsible for this information.
You acknowledge that the respective Partners are solely responsible for complying with the legal and contractual provisions applicable to the offer to purchase and to the provision of services in the Financial Sector
4. Target audience and restrictions on use
he use of the App and and the conclusion of agreements with Partners in the financial sector (hereinafter “Use of the App”) are reserved exclusively for natural persons resident in Switzerland.
Persons deemed to be US persons are also excluded from the Use of the App. The term “US persons” covers:
(i) natural persons resident in the United States;
(ii.) United States nationals;
(iii) US persons within the meaning of the US Foreign Account Tax Compliance Act (FATCA);
(iv) companies, trusts and businesses organized or incorporated under the laws of the United States;
(v) agencies and branches of non-US companies located in the United States;
(vi) discretionary asset management accounts or similar accounts (other than an estate or trust) held by a dealer or other fiduciary organized or incorporated in the United States or, in the case of a natural person, resident in the United States;
(vii) estates of which any executor or administrator is a US person;
(viii) trusts of which any trustee is a US person;
(viv) partnerships of which one or more partners is a US person.
Also excluded from the Use of the App are natural and legal persons who
(i) are subject to a sanction imposed by Switzerland, the European Union, the United Kingdom or the United States, or who
(ii) have direct or indirect beneficial ownership of a legal person subject to such a sanction, or who
(iii) are organised or resident in a jurisdiction, country or region subject to a nationwide or region-wide sanction imposed by Switzerland, the European Union, the United Kingdom or the United States. The Use of the App is intended purely for private purposes. By downloading, installing and/or using the App, you confirm that you fulfil these requirements at all times.
5. Use of the App
5.1 No unlawful use
You undertake always to use the App in a lawful manner. In particular, you may not:
- use the App for illegal purposes or in any manner incompatible with these Terms of Use, or act fraudulently or maliciously, such as through hacking or by inserting malicious codes (including viruses or harmful data) into the App;
- use the App in a manner that could in any way damage, deactivate, overload, endanger or harm our systems or their security, or could hinder or endanger other users;
-collect or capture information or data about the App or our systems, or attempt to decrypt transmissions to or from the systems that operate the App; or
- use the App to transmit defamatory, racist, discriminatory, illegal, unethical or otherwise inappropriate information;
- copy or alter the App or decompile the App's code, except as provided for by law.
- use the App to transfer funds of which you are not the beneficial owner.
5.2 Technical requirements
Technical access to the App is gained via your terminal device. You choose the supplier of the access service (e.g. internet provider or telecommunications service provider). The term "terminal device" refers both to the hardware used for access (including mobile equipment such as smartphones) and to the operating software. Your terminal device must always meet the latest security requirements (see also Your duty of care, in section 5.5 below).
5.3 Registration
Registration for the App is exclusively reserved for competent persons (i.e. those who are of age and able to make judgements) whose competence is not restricted by an official adult protection measure. Registration is not open to competent persons for whom a representative deputyship has been established which prevents them from accessing their assets.
Upon first using the App, you will be requested to create a user account and store the necessary customer details. The details required on registration must be entered truthfully and completely. For security reasons, the mobile phone number and e-mail address may be checked by means of a confirmation request. You are responsible for updating your own details.
If an additional card is applied for, the account holder will be prompted to enter the required customer details for the person for whom the additional card is being requested. The account holder must ensure that the required details are entered correctly and in full. For security 4 of 9 reasons, the mobile phone number and e-mail address may be verified by sending a confirmation request to the person for whom the additional card is being requested.
Subsequently, the person for whom the additional card is being requested is responsible for keeping their data up to date.
Registration is free. There is no entitlement to being approved to use the App.
5.4 Authentication
Access to the App is granted via two-factor authentication to anyone who can prove their authorization by entering the registered e-mail address, the password and the second authentication feature, such as a text message or Face ID ("Means of Authentication").
You acknowledge unreservedly that all instructions and communications sent to Coop using the valid Means of Authentication are deemed to have been sent and authorized by you. With regard to the Partners, you acknowledge unreservedly that all instructions, communications and orders sent to the Partners using the valid Means of Authentication are deemed to have been sent and authorized by you.
5.5 Your duty of care
Regarding Means of Authentication
You are required to change your selected password regularly. The password should not consist of an easily identifiable combination (such as a telephone number, date of birth or car registration number).
You must keep your password and your other Means of Authentication secret and protect them from misuse by unauthorized persons. In particular, your password must not be stored in an unprotected manner. Your Means of Authentication must not be passed on or otherwise made accessible to third parties. You must not respond to requests apparently originating from Coop asking you to disclose your password (e.g. requests by e-mail or e-mails with links to login pages, known as phishing e-mails).
You must log off from the App each time you finish using it.
If you suspect that unauthorized third parties have discovered your password, you must change this password immediately. If this is not possible, you must call the Service Center immediately (see section 7 below) and ask it to block access to the relevant services.
Regarding terminal device
When you use the internet or mobile services, there is a constant danger that third parties may obtain access to your personal data undetected and that viruses may spread to your terminal device while you are using the App. Using up-to-date antivirus programs can reduce the risk and you are recommended to use these. In order to minimize the risk of unauthorized access to your terminal device, you must also take the customary security precautions. We recommend 5 of 9 you set up a password for accessing your terminal device and avoid using public Wi-Fi networks.
You are required to keep the operating system of your terminal device up to date, install all the recommended software and security updates immediately, and always use the latest version of the App.
If you suspect that unauthorized persons have gained access to your terminal device, you must report this to the Service Center (see section 7 below) immediately.
5.6 Breaches of duty of care
You acknowledge that you bear the loss caused by improper use of your Means of Authentication.
5.7 Consequences of failure to comply with the Terms of Use
We can at any time terminate your right to use the App if you have breached these Terms of Use.
If we terminate your right to use the App, you must permanently delete the App from all devices in your possession and we are entitled to deny you access to the services via the App.
6. Availability of the App
6.1. Availability of services and information on the App
Coop takes all reasonable steps to enable you to access the App, apart from during regular and irregular maintenance periods, and thus to access the information it contains and the related services. However, Coop cannot guarantee access to the App at all times. Access to the App
may temporarily or for an extended period be disrupted or rendered impossible owing to technical problems that are your responsibility or the responsibility of a network operator, power company or Coop itself.
Investment transactions, whereby the amounts paid in are automatically invested in accordance with the selected investment strategy, or sold off in the case of withdrawals, are executed every two weeks. Strategy changes, whereby changes of strategy instigated by you as the end customer are implemented, are executed once a week. If the App cannot be accessed due to technical problems shortly before an investment transaction and/or strategy change, the
investment transaction and/or strategy change will automatically be postponed until the following week.
Coop also reserves the right to suspend access to the App, and thus to the information it contains and the related services, in special circumstances (particularly in the event of security risks or maintenance work).Coop may alter certain functions of the App (temporarily or permanently), such that you may not always be able to access all services. In addition there is a 6 of 9 possibility that you may not be able to use the App (at all, or only for certain functions) owing to the operating system or model of your terminal device.
You have no claim whatsoever against Coop for any such malfunction or interruption.
6.2. Amendments to the App
We reserve the right to update the App automatically from time to time in order to improve performance, increase functionality, take account of changes to the operating system or rectify security issues. Alternatively, we may ask you to update the App for these reasons.
If you decide not to install such updates, or you decide against automatic updates, you may no longer be able to use the App and the related services.
7. Support
For technical questions regarding the use of the App, please contact the Service Center during normal office hours on +41 (0)848 116 611 (CHF 0.08/min.). Alternatively, we advise you to consult the FAQs on our website at www.coopfinanceplus.ch.
8. Push notifications
Coop has introduced a push notification service for notices connected with the App (hereinafter "Push Notifications"), which forms part of the App. When Push Notifications are activated on your terminal device, you will receive various types of information in the form of a message sent directly to your terminal device, such as notifications relating to services provided by the Partners.
You yourself must activate Push Notifications on your terminal device. Activation and deactivation are carried out directly via your end device’s operating system.
Coop offers no guarantee that Push Notifications will function correctly, and in particular it guarantees neither the receipt nor the transmission speed of Push Notifications. Coop accepts no responsibility in the event that Push Notifications are not sent or received.
You understand and acknowledge that Push Notifications and their content are still visible when the App is not open or is running in the background, and possibly also when your terminal device is locked. In consequence, you understand and accept that third parties who have access to your terminal device may also obtain access to the content of the Push Notifications.
We advise you against using the App on another person’s mobile device or activating Push Notifications on such a device.
9. Rights to the App
You are permitted to use the App in compliance with these Terms of Use. Your right of use is restricted to private use and is not exclusive, not transferable and may be revoked by us at any time. Any other use, particularly the duplication, modification, copying, sharing and sale of the App, is prohibited. The use of the services provided by the Partners in the App does not count as use of the App.
With the exception of the right of use conferred above, all rights (including all intellectual property rights) in the App accrue to Coop and/or third parties engaged by Coop ("Owners"). The Owners’ rights to the App remain explicitly reserved.
10. Third-party content
The App also contains content (e.g. General Terms and Condition) from the Partners. You acknowledge that Coop has not verified such content and is not responsible for it. In this respect, please note also the limitation of liability (see section 12).
11. Outsourcing
In order to outsource all or part of the activities, Coop is entitled to obtain services from third parties in Switzerland and abroad. Subject to the exclusion of liability (see section 12), these outsourced activities remain under the responsibility and supervision of Coop. In relation to data protection, Clause 6 of the Coop Finance+ Privacy Policy applies to outsourcing (see also section 13 below, Data protection).
12. Restriction of liability and restriction of warranty
In connection with the use of the App, Coop is liable solely for damage caused to you by Coop or its employees intentionally or through gross negligence. You acknowledge that any further liability on the part of Coop is excluded.
You acknowledge that Coop has no obligations in relation to the services provided by the Partners and that the Partners alone are responsible for them. Coop therefore accepts no liability for the services made available via the App Furthermore, Coop accepts no liability for the content of websites connected to the App by links, or for content, documents and other information provided by the Partners that can be connected to or accessed from the
App.
You are responsible for technical access to the App, and especially for the network providers and for the hardware and software you use. You acknowledge in particular that Coop accepts no responsibility for the network providers and excludes any liability for damage caused to you through transmission errors, technical faults, malfunctions, illegal infiltration of telecommunications systems and networks, network congestion, deliberate blocking of electronic access by third parties, interruptions or other transmission failures.
Although we endeavour to ensure that the App is up to date and free of programming errors, we cannot guarantee this.
Coop provides no guarantee regarding the operating mode and availability of the App or access to the services. You release Coop from any liability that could arise from the use of the App, or from the inability to use the App or access the services.
13. Data protection
The Coop Finance+ Privacy Policy governs our use of your personal details. We expressly refer to this Privacy Policy. The Coop Finance+ Privacy Policy may be viewed here
14. Final provisions
14.1 Amendments to the Terms of Use
Coop reserves the right to amend these Terms of Use at any time. Coop will in each case communicate the amended Terms of Use to you in an appropriate manner four weeks in advance. In each case, the amendments come into force as soon as they are implemented.
You hereby agree to be bound by the amended Terms of Use as soon as you first use the App after the changes have been implemented
14.2 Relationship to additional provisions
Specific areas of the App may contain additional provisions, conditions, information, instructions etc. (hereinafter "Additional Provisions"). In the event of any discrepancies between the present Terms of Use and the Additional Provisions relating to the use of the App, the present Terms of Use take precedence.
For the avoidance of misunderstandings, it should be noted that the legal relationship between you and the Partners is governed not by these Terms of Use but solely by the General Terms and Conditions and other contractual provisions of the Partners.
14.3 Separability clause
Should parts or individual provisions of these Terms of Use prove unenforceable or invalid and/or contradict the legal requirements, this shall not affect the validity or enforceability of the remaining provisions. In place of the invalid or unenforceable provision, a valid and enforceable provision shall be applied which reflects as closely as possible the commercial purpose that you and Coop intended to pursue by means of the invalid, unenforceable provision.
14.4 Applicable law and place of jurisdiction
The legal relationship between you and Coop in relation to the use of the App is governed by substantive Swiss law to the exclusion of conflict of law provisions.
The place of jurisdiction for disputes between you and Coop in connection with the use of the App is your domicile or Basel-Stadt.
Version: 5 September 2023