Terms of Use for Electronic Communication Means
These terms apply to mutual communication and data exchange via email/SMS or other electronic communication means (hereinafter collectively referred to as “electronic communication means” or the corresponding address as “electronic address”) between the applicant/customer (hereinafter referred to as the “Customer”) and Royal-Kredit GmbH (hereinafter referred to as the “Mediator”) concerning the relationship between the Customer and the Mediator (hereinafter referred to as the “Customer Relationship”). The choice to use electronic communication means applies to all existing and future products.
1. Acceptance of Terms/Revocation/Termination
By providing the electronic address and opting to use electronic communication means for communication with the Mediator (hereinafter referred to as the “Choice”), the Customer agrees to these terms of use. The Choice and, thus, the scope of these terms may apply to email, SMS, or all available electronic communication means. The Customer may revoke the agreement at any time by notifying the Mediator in writing, i.e., via postal mail. The Mediator reserves the right to terminate communication and data exchange via electronic communication means at any time without providing reasons. The termination will be communicated appropriately.
2. Scope of Use
Emails and SMS messages whose electronic sender address matches the electronic address provided by the Customer to the Mediator are considered as sent by the Customer, except in cases of identity theft (e.g., due to hacking), provided the owner has adhered to the due diligence obligations according to Clause 4. Changes to the electronic address can only be communicated to the Mediator in writing, by phone, or in person at a Mediator branch.
The Mediator reserves the right to decide, on a case-by-case basis, which information/data is communicated to the Customer via electronic communication means. Electronic messages from the Mediator replace other forms of communication with the Customer unless otherwise specified.
The Customer must continue to adhere to other forms of communication required by specific contractual provisions. Electronic communication does not replace such forms of communication.
The Customer agrees that the Mediator may send advertising information about offers from the Mediator, its group companies, and third parties to the Customer’s email or phone address (e.g., via SMS). The Customer may revoke consent to receive advertising at any time.
3. Risks of Using Electronic Communication Means
The Mediator particularly draws the Customer’s attention to the following risks associated with the use of electronic communication means:
– Transmission via the Internet is only encrypted when a secure HTTPS connection is established. In many cases (including email transmission), communication via the Internet occurs unencrypted and openly. SMS transmission is only partially encrypted, with weak encryption;
– The Internet is a global, open, and accessible network. The transmission path of emails cannot be controlled and may pass through foreign countries. Consequently, the confidentiality of data transmitted via email cannot be guaranteed;
– Emails and their attachments, as well as SMS messages, can be falsified or tampered with unnoticed by third parties. Sender and recipient information can be altered, thereby falsifying authenticity;
– Emails and SMS messages may be deleted, misrouted, or distorted during transmission due to technical errors/disruptions;
– By accessing websites, clicking on links embedded in emails/SMS, or opening attachments, harmful computer programs such as viruses, worms, or Trojans may infiltrate the Customer’s computer, smartphone, or similar devices.
4. Due Diligence Obligations
The following due diligence obligations apply to electronic communication:
– Operating systems and browsers must be kept up-to-date (especially security settings and updates). Appropriate security measures, such as firewalls and antivirus programs, must be implemented in accordance with current technology;
– In cases of doubt about whether an email or SMS was actually sent by the Mediator, the email or SMS should only be opened or acted upon after consulting with the Mediator.
5. Disclaimer of Liability
The Mediator is liable for damages arising from or in connection with electronic communication and data exchange via electronic communication means only in cases of willful intent or gross negligence.
The Mediator disclaims all liability for damages arising from or in connection with communication and data exchange via electronic communication means, to the extent permitted by law.
The Customer explicitly accepts the risk associated with open communication via email, including the possibility that their data may be intercepted or disclosed by third parties during transmission and that confidentiality cannot be guaranteed. The Mediator cannot ensure that emails appearing to originate from the Mediator were sent by the Mediator or that emails sent by or to the Mediator are unaltered, timely, and received by the correct recipient.
6. Additional Provisions
The Mediator reserves the right to change the terms of use for electronic communication means at any time. Changes will be communicated to the Customer appropriately (e.g., via letter or email) and will be deemed accepted if the Customer does not object within 30 days or continues to communicate with the Mediator via electronic communication means.
All communications from the Mediator are considered validly delivered if sent to the last address provided by the Customer, including the specified electronic address. The Customer is obligated to notify the Mediator immediately of any changes to their electronic addresses.
If parts of these terms of use are entirely or partially invalid, the validity of the remaining provisions remains unaffected. Invalid provisions must be replaced with provisions that best achieve the intended purpose.
Otherwise, the General Terms and Conditions apply, which take precedence over these terms in the event of contradictions. The Customer particularly acknowledges the jurisdiction clause in the Mediator’s General Terms and Conditions as applicable.