1 Scope of application
These GTC regulate the contractual relationship between the company BrokerInvest AG, domiciled at Roosstrasse 52, in 8832 Wollerau, registered in the Commercial Register of the Canton of Schwyz under the Commercial Register number CHE-350.782.688, (hereinafter referred to as "BrokerInvest" or "Provider") and the customers (hereinafter referred to as "Customer") for the services offered on the Internet platform www.alea-world.ch or the associated App (hereinafter referred to as "Services" or "Offer") of BrokerInvest.
These provisions apply to both natural persons and legal entities.
Conflicting contractual conditions or contractual conditions deviating from these GTC shall not be recognised, unless BrokerInvest has expressly agreed to them in writing in the individual case.
In addition to these GTC, the separate General Terms and Conditions of the third party providers associated with the BrokerInvest offer are also binding for the customer (this includes in particular any separate GTC of Hypothekarbank Lenzburg AG and in connection with the onboarding process of the e-banking provider).
The Provider may supplement or amend the GTC at any time at its own discretion. The GTC can be accessed at any time under the following link: https://alea-world.ch/agb/On the occasion of his registration on the internet platform / app, the customer is requested in each case to agree to the GTC, to accept them and to agree to them in full (by ticking the appropriate box).
For the use of the app / internet platform, customers undertake to provide truthful and complete information with regard to the requested information. Should this not be complied with by a customer, the provider expressly reserves the right to subsequently reject the application or registration or other activity of a user via the platform.
2 Subject matter of the contract and services of BrokerInvest
The subject matter of the contract shall be all BrokerInvest services offered via the Internet platform or the associated app, consisting of the purchase of a BrokerInvest debit card (purchase contract "debit card") and the use of the further services on the Internet platform or via the app (contract on the use of the further services).
Customers are given the opportunity to order and use a Debit Mastercard of BrokerInvest AG via the internet platform or app. The debit card Key uniquely incorporates one gram of gold (at market value). In addition, there are the products Debit Card Pass (without one gram of gold) and the Debit Card ALEA which is not physically available.
In addition to the debit card, the client receives an associated e-banking account with Hypothekarbank Lenzburg AG. For the use of e-banking, the customer receives independent access to e-banking in accordance with the autonomous, separate contractual provisions of Hypothekarbank Lenzburg AG. However, via the personalised account on the BrokerInvest internet platform / app, the transactions made with the debit card (as well as remuneration) can be viewed at any time (in the so-called app).
With the purchase of the debit card from BrokerInvest, customers are thus in possession of a debit card with their own IBAN address. On the one hand, the payment card is a debit card that can be used as a payroll account with its own IBAN, and on the other hand, it contains a PAN number. This payment card can thus be used for all purchases (offline as well as online).
The customer also receives access to the BrokerInvest internet platform and app with various other services and offers from the provider. In the "Benefit World" section, the customer and owner of the debit card receive attractive preferential offers (discounts) at various partner companies of BrokerInvest.
With the regular use of the BrokerInvest debit card, customers participate in the turnover generated: Corresponding credits are paid out monthly by the partner companies directly to the customer's IBAN. The credits received can be used freely by the customer. The amount of the credit depends on the expenses, recommendations and the use of the advantage world by the customer and can be viewed with the help of an overview under the heading "Wallet" in the personal user profile on the app / internet platform.
The customer shall receive for each new customer referred by him for the aforementioned services of BrokerInvest a one-time referral commission as well as a participation in the debit card turnover of the new customer in a separately determined amount. The referral commission as well as the participation in the debit card turnover shall be paid monthly directly to the IBAN. The payment of the participation in the debit card turnover is made directly by the partner companies to the IBAN of the customer. BrokerInvest does not have access to the funds at any time.
For the complete range of BrokerInvest services, the activation of the debit card, the related processes as well as the aforementioned reward system, please refer in detail to the separate FAQ (https://alea-world.ch/faq/), which form an integral part of these GTC.
3 Prices / Remuneration against payment / Terms of delivery
The binding order of a debit card costs CHF 99 (Pass product) or CHF 0 (ALEA product) once.
Product Pass; Temporary preferential or promotional prices for the card remain reserved. After the expiry date (48 months), the customer will receive a new debit card.
With the purchase of the debit card (including the conclusion of a separate contract with the third party provider and the agreement to its contractual provisions), the customer receives access to the e-banking of the third party provider as mentioned above, as well as to the world of benefits and the bonus programme on the app or internet platform. The use of the further services and the access to the further benefits on the BrokerInvest platform / app requires the mandatory order of a debit card.
For the use of all services on the app or the internet platform, the provider charges a monthly fee according to the separate advertisement on the platform.
The monthly fees in accordance with point 3 above will be deducted directly from the client's bank account with Hypothekarbank Lenzburg AG by direct debit, with which the client expressly agrees. The fees will be deducted monthly even if there is no longer a credit balance on the bank account, which may result in a negative balance at the bank.
The customer authorises Hypothekarbank Lenzburg AG - until revoked in writing - to debit his account with the aforementioned direct debit claims based on the present contractual relationship.
For more details regarding the fee and service overview, please refer to the following link, which is integral to the contract: https://alea-world.ch/
Price errors remain reserved: BrokerInvest reserves the right to make changes and adjustments to the fee rates, in which case the customer will be informed in advance by e-mail and a corresponding adjustment will be deemed accepted without objection within 30 days by the customer.
BrokerInvest may receive a sales compensation / brokerage commission or any other monetary benefit for products or advice ordered by the customer with partner companies according to a separate agreement. This compensation is part of the fee for the provision of the infrastructure and all aforementioned services, preferential offers ("Preferred World") and credits to the client on the Internet platform or the app. The customer shall not have any claim for compensation against BrokerInvest, which the customer expressly agrees to.
There is no entitlement to delivery of a debit card before the customer has concluded a legally binding e-banking agreement with Hypothekarbank Lenzburg in accordance with the separate provisions of the same bank.
If no contractual relationship is established between the customer and Hypothekarbank Lenzburg AG due to onboarding (verification) or by the bank, the initial fees of the BrokerInvest payment card will be refunded to the customer. BrokerInvest reserves the right to deduct a fee for the expenses incurred.
4 Term and termination of use
The contract for the use of the further services on the internet platform or the app is concluded for an indefinite period (subscription contract). The customer may terminate this contract in writing with a notice period of one month to the end of a month.
Cancellation of the subscription contract must be sent to the following e-mail address: firstname.lastname@example.org.
BrokerInvest reserves the right to charge a fee for the effort incurred. BrokerInvest shall subsequently delete the individual user access of the customer concerned on the platform or the app and subsequently inform the Mortgage Bank Lenzburg. Data of the customer which has not been secured until then will also be deleted as a result, for which BrokerInvest cannot be held liable. The offers in connection with the use of the platform / app shall apply until the termination date.
5 Data protection and data processing
BrokerInvest is subject to the Swiss Data Protection Act.
Personal customer data is only passed on within the scope of the necessary fulfilment of the contract and the authorisations in the aforementioned sense. This includes the - in the context of the cooperation necessary - legally valid disclosure of any personal data to the partner provider of the e-banking system (Hypothekarbank Lenzburg AG) as well as to the partner providers in connection with the onboarding system, the bonus programme system and the payment card production, with which the customer expressly agrees upon verification (ordering of the payment card). In addition, BrokerInvest shall take the necessary technical measures and precautions for the purpose of compliance with the legally required data protection measures. The data shall otherwise be treated confidentially.
BrokerInvest shall also be entitled, in the sense of the above clause, to use the customer data available on the Platform / App for the purpose of offering the customer information, advice and further products, which could be of interest to him. This includes in particular the disclosure of personal data, such as the customer's residential address, for the purpose of postal delivery of gifts or information documents by third-party companies. Apart from that, no disclosure to third parties shall take place, except to partner companies of BrokerInvest within the scope of the offers of the world of advantages benefiting the customers as well as in connection with the credit notes generated by them.
In the case of the offers of the category "World of Advantages", BrokerInvest reserves the right and is entitled to advertise products and services of partner companies on the App or the Internet platform. In this context, the Provider shall only pass on the customer's data with the customer's consent (confirmation on the app or internet platform).
Bank client confidentiality is maintained in accordance with the separate provisions with Hypothekarbank Lenzburg AG.
The provider undertakes to use personal data carefully and exclusively for the purposes indicated. The customer agrees that the information he or she provides when using the systems may be viewed and processed by the provider's employees and by the operators of the platform. A distinction is made between cookies that are only active as long as the browser is open and those that are permanently stored on the hard disk. According to the Data Protection Act, permanent cookies are only permitted if the users give their consent to their use. The provider respects this principle and leaves it up to the customers to decide whether they wish to work with permanent cookies or not. If individual services on the platform are only possible with cookies switched on, the provider will draw the customer's attention to this. How to switch off cookies or refuse their acceptance can be found on the help pages of the browser.
The data required for the aforementioned BrokerInvest offer shall be stored for a period of three years. Thereafter, the customer shall have the right to have structured customer data deleted from productive systems within the scope of legal possibilities.
Any concerns regarding data protection should be sent to the following e-mail address: email@example.com
6 Cooperation obligations of the customer
The customer undertakes to keep the access data to the app or the internet platform safe and to protect it from misuse by third parties. BrokerInvest cannot be held liable for any misuse occurring in this way.
BrokerInvest cannot assume liability for damages or circumstances to the detriment of the customer, which are related to the compatibility or the (lack of) functionality of the devices or the software, with which the customer receives access to the services of BrokerInvest. In this respect, the customer shall be responsible to maintain these devices and software professionally and to protect them from electronic attacks by unauthorised persons.
The customer is also responsible if he/she forwards sensitive information or instructions to the provider or other persons via unencrypted communication channels, insofar as this results in damage to the provider. The provider cannot accept any responsibility for this.
The Client further undertakes to store his documents in connection with this contractual relationship carefully and securely so that unauthorised persons cannot access them or cause fraud or damage to the detriment of the Provider or the Client on the basis of them. The precautions taken in this regard are the sole responsibility and duty of care of the Client.
In the event of damage without a breach of contract or due diligence on the part of the client or the provider, the party in whose sphere of influence the damage occurs shall bear the financial consequences.
If these requirements are not met by a customer, the provider expressly reserves the right to reject a registration in advance or to subsequently block/delete a user account/access to it and all activity on the platform. Furthermore, the provider is entitled to initiate all legal steps indicated as a result of non-compliance (e.g. criminal charges and, in particular, claims for damages).
7 Warranty and liability of the provider
The Provider shall be liable for all its services within the scope of what is legally permissible only for gross negligence or in the case of fraudulently concealed defects in the legal sense.
If there is a defect, the customer must inform the supplier immediately by e-mail or telephone and report the claimed defect.
For the use of BrokerInvest's services on the platform / app, the Provider shall only be liable for intentional or grossly negligent damaging behaviour. In the case of intent, there shall be a liability claim in the full amount, in the case of gross negligence and the absence of a guaranteed property, the liability shall be limited to the amount of the typical and foreseeable damage. Any further liability is excluded.
The Provider shall provide technical support as far as possible and exclusively via telephone connection (telephone number) or e-mail (e-mail address). However, the provider does not guarantee the continuous availability of such a service.
Technical access (internet connection, etc.) to the app or platform is the responsibility of the customer. The provider assumes no liability for network operators and, to the extent legally possible, rejects any liability for the customer's hardware and software required for use.
8 Substitution right / outsourcing right of the provider
The provider is entitled to involve third parties or third-party companies as substitutes for the performance of the contract or to substitute the performance of the contract in part entirely.
In this sense, the provider is entitled to outsource services or business areas in whole or in part to other companies.
9 Property rights and copyrights
The provider holds the copyrights to all image and text motifs and text content displayed on the platform. All information on the software/platform (such as information, images, texts, logos, trademarks, designs, user interfaces) is therefore the sole property and copyright of the provider or any partner companies. It is strictly prohibited to copy, modify, forward, publish or reproduce the entire or partial content of the app system as well as the app system itself or the platform.
In the event of an infringement of property rights, copyrights and trademark rights, the Provider reserves the right to claim damages, loss of profits and lost profits.
10 Further provisions
The parties both agree to communicate with each other in a binding manner via electronic channels (e-mail as well as the provider's platform); communication by postal correspondence remains reserved. The choice of the means of communication is subject to the validity of the above clause 29.
Swiss law is exclusively applicable to all matters in connection with these GTC.
The ordinary place of jurisdiction for disputes arising from this contractual relationship - subject to other mandatory places of jurisdiction - is Zurich.
If a party waives the right to assert or enforce a contractual right in an individual case, a general waiver of the right cannot be derived from this.
Should one or more clauses of these terms and conditions be invalid in whole or in part, this shall not affect the validity of the remaining contractual provisions. In this case, the invalid or void provision shall be replaced by a new, legally permissible provision which comes as close as possible in its economic effect to the invalid or void provision. If an invalid contractual provision is not subsequently corrected, it shall be replaced mutatis mutandis by a relevant statutory provision.