Conditions of Hoesch & Partner GmbH - as of July 2010
1. General Scope
(1) Welcome to Hoesch & Partner GmbH! These terms and conditions apply to the use of the Hoesch & Partner page, and all associated services. With the use of our site and its services, you agree to use our services only in accordance with these terms and conditions. If you do not agree with these terms, do not use our services.
(2) The following terms and conditions (the "Conditions") apply to all services provided by the Hoesch & Partner GmbH and affiliated companies (collectively, "Hoesch & Partner") online (eg. Internet) or offline (eg. telephone) offered or provided and (hereinafter referred to as "users") from third parties believed or used. They also apply to all other contractual and quasi-contractual relationships that exist between Hoesch & Partner and the user.
(3) By using the services provided by Hoesch & Partner - whether online or offline - these terms and conditions are a binding agreement, unless otherwise specified in writing or is prescribed by law.
2. Benefits of Hoesch & Partner
(1) Hoesch & Partner also provides the online user free of charge and without obligation information, explanations, proposals and comparison calculations and tariff and condition information from cooperating with Hoesch & Partner insurance and financial service providers (hereinafter "Provider") both offline available.
(2) In order to obtain tariff information, a tariff suggestion or comparative calculation, the users themselves are responsible for establishing the desired selection or search criteria. Any pre-assigned selection or search criteria are not expressly intended as a recommendation.
(3) If the user decides for a particular provider that on the basis of a suggestion or comparative calculation, it may be addressed, either offline or online, at the conclusion of an insurance or financial services contract.
(4) Hoesch & Partner is solely responsible for the selection of cooperating with suppliers and their products.
(5) Hoesch & Partner mediates on the basis of the user, whether offline or a submitted online request insurance and financial service contracts.
(6) The insurance and financial services mediated by Hoesch & Partner are concluded exclusively between the user and the selected providers. The existence of the insurance or financial services contract with the provider chosen by the user cannot be guaranteed by Hoesch & Partner and not affected. The respective provider will be decided on an individual case.
3. Rules of the User
(1) In order to estimate the risk to be insured, comprehensive information is needed. Incorrect and/or insufficient information by the user/policyholder can lead to loss of insurance coverage. InsuranceCity is not liable for incorrect and/or insufficient information in proposal and comparative calculations, tariffs and conditions information provided - whether offline or online - by the user.
(2) The user is solely responsible for the care of the accuracy and completeness of the information provided by him/her. This particularly refers to the personal information submitted by the user. If the user submits incorrect or insufficient information, Hoesch & Partner is entitled to have the request unprocessed. In the event of intentional misstatement, Hoesch & Partner reserves the right to ban the user from using the services of Hoesch & Partner and to demand compensation for any resulting damages.
(3) If the user has not reached the age of eighteen years or is not fully competent, Hoesch & Partner has the right to have the requirements unprocessed.
(4) The commercial use of the benefits of Hoesch & Partner is prohibited. Business users within the meaning of this clause are an intermediary or provider of insurance and financial services products, consultants and risk carriers.
(5) The drawing up of complete or partial copies of Hoesch & Partner Internet application and the data contained therein is also prohibited. The same applies to the sale or any other form of distribution or publication of Hoesch & Partner's suggestions or comparative prices, either offline or online. All copyrights, usage and other property rights remain at Hoesch & Partner.
(6) For each violation case of the provisions of paragraphs 3 and 4, Hoesch & Partner reserves the right to take legal action against the user.
(7) With the use of the service offer by Hoesch & Partner, the user expressly agrees to these Terms.
4. Data Protection
(1) The user expressly agrees to the use, storage and processing of personal data. This data can be deleted at the user's request.
(2) The user agrees to the disclosure of personal data to third parties in order to explicitly process his/her request or application.
(3) The user always has the right to obtain the stored data relating to him/her from Hoesch & Partner free of charge.
5. Warranty and Liability
(1) Hoesch & Partner strives to ensure the accuracy, completeness and updating of the underlying data material for processing inquiries and for the creation of suggestions or comparative calculations - but not obliged.
(2) Hoesch & Partner is also not required to include the comparative calculations of all available insurance and financial services companies.
(3) A liability of Hoesch & Partner for the timeliness, completeness and accuracy of conducted proposal and comparative calculations, as well as for the timely, complete and correct routing of user data is excluded.
(4) The services offered by Hoesch & Partner on insurance and financial services is at no time and in no way constitutes as an investment advice or legal advice to the user. The benefits of Hoesch & Partner are designed as an aid to an independent decision of the user.
(5) The use of services offered by Hoesch & Partner is conducted case by case at its own risk, unless Hoesch & Partner or its agents have acted intentionally or with gross negligence.
6. Jurisdiction and Applicable Law
(1) Any dispute between the user and Hoesch & Partner, for whatever legal reason, will take place under the jurisdiction of Frankfurt, unless the customer is a merchant according to the Commercial Code, the customer has no general jurisdiction in the Federal Republic of Germany or his/her residence or usual place of residence has moved out of the contract scope of the Code of Civil Procedure or this is not known at the time the complaint.
(2) German law applies exclusively to all disputes between the user and Hoesch & Partner.
7. Final Provisions
Should any of these conditions become ineffective, then the remaining conditions remain effective.