General terms and conditions of use and business
TERMS AND CONDITIONS OF USE
Segurio Online Insurance Services GmbH
offers an online portal (Segurio Portal) at www.segurio.com for www.segurio.com for the conclusion and administration of insurance policies. You can use the Segurio online portal either directly or through the account of an insurance broker commissioned by you. By registering in the Segurio online portal you enter into a user agreement with Segurio Online Insurance Services GmbH
Segurio holds agency agreements for:
ERGO Versicherung AG
ERGO-Center Businesspark Marximum/Objekt 3
1110 Wien, Austria
HDI Global Specialty SE
30655 Hannover, Germany
In addition Segurio digitally processes insurance policies for cooperating insurance intermediaries. The respective insurance intermediaries are listed in the data processing directory.
1. Scope of application
1.1. These Terms and Conditions of Use govern exclusively the implementation of your contractual relationship with Segurio Online Insurance Services GmbH
as a software user of the Segurio Portal.
1.2. You can communicate with Segurio directly via the Segurio online portal or at email@example.com or Mondays to Friday from 8:00 to 20:00 hrs by telephone at +43 720 230413.
1.3. In the case of oral or telephone enquiries, you will be assigned a number for the transaction with which the enquiry can be processed.
1.4. Insofar as information is provided by telephone that requires a certain form or the compliance with a deadline, this must be confirmed later in writing or by e-mail stating the transaction number assigned to you. For compliance with deadlines with regard to insurers, the date of the entry is decisive.
1.5. If an entry is not possible via the Segurio app or the Segurio Portal due to a technical fault, contract transactions can also be made in writing or notified by telephone. In the case of telephone notification, the date of the memo at Segurio is decisive.
1.6. When you use the Segurio Portal you may simultaneously use offers and services from other providers (e.g. insurance brokers, internet providers, mobile phone providers etc.). The use of services of third parties is subject to the terms and conditions of these providers. If you have granted Segurio a brokerage order with regard to an insurance policy, this is subject to separate conditions.
2.1. In order to be able to use the Segurio Portal, you must first register in the portal and open a user account. With your registration you enter into a usage agreement with Segurio Online Insurance Services GmbH
2.2. If you register with Segurio, this does not affect the content of your existing insurance policies.
2.3. All content shown in the Segurio Portal, including texts, graphics, logos, images etc. are protected by intangible property rights and are the property of Segurio or another third party. The use of the Segurio Portal does not transfer any rights to you. You are thus obliged to use the services offered on the Segurio Portal only for their intended purpose. You may not change, process, copy, license, link with other software, integrate in your own services or otherwise exploit the Segurio Portal, the services offered thereon or the software used for this by Segurio.
2.4. You are responsible for the safekeeping of the access data (login, password, etc.) of your user account. With regard to Segurio, every transaction made on the basis of your access data is regarded as made by you. We thus recommend that you treat your access data as confidential. If there is any suspicion of misuse, you must inform us of this immediately.
2.5. Segurio can make updates of the Segurio Portal at any time and without prior notice, and is entitled at all times to change or suspend the services offered in connection with Segurio.
2.6. Segurio and any third parties commissioned to provide services fulfil the legally stipulated requirements for trading. Segurio is obliged to fulfil all of the data privacy requirements in relation to the operation of the Segurio Portal. If third parties are commissioned to provide services, Segurio will ensure that these are also subject to all the necessary obligations
3. Obligations of the user
3.1. As a user of the Segurio Portal you are obliged to provide truthful information in your user data.
3.2. The purpose of the Segurio Portal is the administration of your insurance policies and the provision of the services offered by third parties. In the case of a violation of these Terms and Conditions of Use, your right to access the Segurio Portal can be withdrawn at any time.
4.1. Segurio's liability is limited to intent and gross negligence as well as damage to health.
4.2 Segurio wants to provide you with the best possible access to the Segurio Portal. We cannot guarantee, however, that you will always be able to reach the Segurio Portal. Insofar as nothing else is agreed in these Terms and Conditions of Use, Segurio cannot assume any liability for problems with the portal beyond our control, for example a possible breakdown of telecommunications connections.
4.4. Segurio makes every effort to ensure that all information transmitted is up to date and accurate. Insofar as information is provided by third parties in the Segurio Portal (e.g. with links to other websites), Segurio cannot assume any liability for its content.
Segurio Online Insurance Services GmbH
is liable for the faults of commissioned service providers as for its own.
5. Electronic communication and conclusion of contracts
5.1. With your registration in the Segurio Portal you have agreed to electronic communication with Segurio. Insofar as it is legally possible and provided in the Segurio Portal, you can conclude the contracts offered in the Segurio Portal using the electronic signature function.
5.2. You hereby declare your agreement that, within the framework of using Segurio, electronic communication and electronic confirmations – unless the law stipulates otherwise – are equivalent to the written form.
5.3. Segurio can send messages at any time to your internal mailbox in the Segurio app or the Segurio Portal.
Right to information
Applicable law: your usage agreement with Segurio is subject to Austrian law.
If individual provisions of these terms and conditions are or become invalid or ineffective, this shall not affect the validity of the other provisions of or the usage agreement as a whole.
CUSTOMER INFORMATION AND GENERAL TERMS AND CONDITIONS (04/2019)
1. Scope of application
1.1. With your registration in the Segurio Portal you enter into a user agreement with Segurio Online Insurance Services GmbH
(Segurio) that is subject to the Segurio Terms and Conditions of Use.
1.3. You can also grant Segurio a brokerage order on the Segurio Portal (if you are looking for an insurance policy going beyond the offer available online) or agree on a consultancy contract, both of which are subject to these GTCs as applicable. Insofar as no separate agreement is concluded, there is no contractual relationship between you and Segurio going beyond the use of the Segurio Portal.
1.4. This customer information and General Terms and Conditions inform you generally about Segurio, and also apply in the case of a granted brokerage order or consultancy contract. If no agreement is concluded between you and Segurio, these GTCs only explain under which conditions an insurance policy can be concluded between you and the insurers listed below.
2. Customer information
2.1. Segurio provides the Segurio Portal on the Segurio website for electronic insurance brokerage and administration of the brokered insurance policies. Segurio brokers the conclusion of insurance policies through the Segurio Portal as an independent insurance broker in the form of an insurance agent and representative for the respective insurance companies listed above.
Trading licence: Segurio is registered under No. 30668522 in the Austrian business licence information system (GISA).
For more information on the trading licence, go to: www.gisa.gv.at
The business activity of Segurio is subject to the supervision of the trade supervisory authority of the Municipal Department 63, Wipplinger Strasse 6-8, 1010 Vienna.
2.2. The insurance brokerage activity involves the offering, proposing or execution of other preparation works for the conclusion of insurance policies, or the conclusion of insurance policies, or support in their administration and fulfilment, particularly in the case of an insurance claim.
Offers are exclusively for insurance policies with the listed insurers. As an independent insurance agent, Segurio is authorized to conclude insurance policies in the name and on the account of the listed insurers.
As the customer, you decide yourself which items are to be insured at which insurance sums by choosing one of the insurance products offered on the Segurio Portal according to your own details.
Insofar as nothing else is agreed in writing, the service provided by Segurio is limited to an insurance policy brokered on customer request on the basis of the products offered by the listed insurers.
2.3. If you would like to receive advice about the policies offered by Segurio, please contact: e-mail: firstname.lastname@example.org.
Please be advised that, as an insurance agent, we can only advise you on the insurance products we offer.
Insofar as individual consultancy was agreed, Segurio will draw up within a reasonable period of time an individual risk analysis as well as a suitable coverage concept, on the basis of which recommendations can be given as required. Risk analysis and coverage concept are based exclusively on the information you provide, and include only the commissioned extent (the respective insurance division). In the case of incorrect or incomplete information, it is not possible to draw up an appropriate coverage concept.
2.4. If you have any complaints about our brokerage activity, please contact us directly at the above contact data, or contact the Austrian Federal Ministry of Science, Research and Economy, Dept. I/7, Stubenring 1, 1010 Vienna
2.5. In the case of disputes, the following online arbitration bodies are available:
Arbitration board for consumer transactions in Austria: www.verbraucherschlichtung.at
Online arbitration board of the European Commission: www.ec.europa.eu
There is no obligation to take part in proceedings before the arbitration bodies. Participation is decided in the individual case.
2.6. Segurio Online Insurance Services GmbH
does not have any qualified financial holding in an insurance company nor do any insurance companies have holdings in Segurio Online Insurance Services GmbH
2.7. Our work is remunerated by commissions that are paid exclusively by the insurance companies concluding the policies and are included in the premium for the brokered policies. There are no other costs or fees to be paid by you. The registration and the use of the Segurio Portal are free of charge.
3. Obligations of the customer
3.1. If you use the Segurio Portal you are obliged to provide the information necessary for the conclusion of an insurance policy or for a consultancy correctly and in full. Necessary information is all information for which we or the respective insurance company explicitly ask for.
3.2. In addition to this, before concluding a policy, you must inform Segurio about all the circumstances concerning the item to be insured that could be relevant for the assumption of a risk by the insurer. Such information can be provided under Point 2 "Insured item" in the column "Description".
3.3. If circumstances occur after conclusion of the insurance policy that could lead to an increase in the risk, you are obliged to report these circumstances immediately on becoming aware of them to Segurio or the insurer.
3.4. As required, you are obliged to allow risk inspections by Segurio or the respective insurer by prior agreement and appointment, and, if necessary, to be present for these to point out any particular risks yourself.
4. Claim settlement
4.1. Insurance claims must be reported immediately to Segurio. On request, Segurio can function as a link between you and the insurer for the processing of the reported insurance claim. The insurer, however, can also contact you directly at any time.
4.2. Which event is regarded in each case as an insurance claim is based on the respective insurance policy.
4.3. Confirmations by Segurio for the receipt of notice of the insurance claim do not count as confirmation of payment or coverage by the insurer.
4.4. Confirmations of payment or coverage shall be valid exclusively in writing. Segurio is not authorized to grant verbal confirmation of coverage on behalf of the insurers Segurio represents.
5.1. Brokered insurance policies are concluded between the insured person and the insurer. As an insurance agent, Segurio is not liable for the obligations of the insurer based on the insurance policy.
5.2. The liability for negligent infringement of obligations by Segurio or its vicarious agents is limited to the sum that is legally stipulated within the framework of the obligatory insurance for insurance brokers in accordance with § 137c of the Austrian Trade Regulations (GewO)
5.3. Liability subject to the statutory liability insurance is currently limited in terms of the amount to Euro 1,250,000 per insurance claim. The total annual payment for financial damages amounts to Euro 1,850,000 (Status 4/2019).
5.4. If, in the individual case, you believe that there is a risk of higher damages, you can – depending on the risk – agree on higher liability cover. You must pay any costs resulting from an agreed increase as applicable.
5.5. In the case of compensation claims resulting from intent or gross negligence, or which cause damage to life or limb, there are no limitations on liability.
6.1. You can delete your user profile on the Segurio Portal any time using the corresponding function in the administration area in "My Segurio" (User Zone). In addition to this, your user profile can also be deleted by Segurio subject to the Segurio Terms and Conditions of Use.
6.2. After deletion of the user profile, you can no longer use Segurio to administrate a policy. Regardless of whether you or Segurio terminates the user profile, the insurer reserves the right to refuse a further extension of the current insurance policies.
7. Electronic communication
7.1. You confirm that you have regular access to the internet and the necessary technical facilities to receive, store and call up the policy documents and other information from the insurer or Segurio by e-mail.
7.2. You hereby expressly agree that the pre-policy and policy documents (e.g. insurance certificate, terms and conditions of insurance and other information in relation to the policy) can be sent along with the ordered insurance product to the personalized user profile registered at www.segurio.com.
7.3. Notwithstanding the agreed electronic communication, you and the insurer/Segurio have the right to send necessary declarations and information on paper. The address is the current address given at My Segurio.
7.4. You can revoke your consent to electronic communication at any time. In the event of revocation, your insurers reserve the right not to extend the insurance policies concluded online over the next insurance period.
8. General provisions
8.1. The contract language is the language selected in the user account.
8.2. The invalidity of individual clauses shall not affect the validity of the GTCs as a whole. The invalid clause shall be replaced by a valid clause which comes as close as possible commercially and legally to the original clause. This also applies analogously in the case of a gap in the terms and conditions.
8.3. All legal relationships between Segurio and you as a customer of Segurio are subject to Austrian law with exclusion of the conflict of law rules of International Private Law and the UN Convention on the International Sale of Goods.
8.4. Any other arrangements in addition to or deviating from these GTCs will only become part of the contract if this is expressly confirmed by Segurio in writing.
9. Withdrawal from the consultancy contract or brokerage order
9.1. If you have agreed on a consultancy contract or granted a brokerage contract, you can withdraw from this at any time free of charge and without having to give any reasons. To do this, just send your declaration of withdrawal to: e-mail: email@example.com
Alternatively you can also withdraw from a consultancy contract or a granted brokerage order by deleting your user account.
9.2. In the event of a withdrawal, no recommendation for insurance cover will be offered/no insurance policy offered or brokered in your name. The withdrawal from a consultancy contract or a brokerage order has no effect on your existing insurance policies. If you declare your withdrawal by deleting your user account, the respective insurer reserves the right not to extend the insurance policy beyond the next insurance period.
10. General right of withdrawal
1. You can withdraw from your insurance contract within 14 days in writing (e.g. letter, fax, e-mail) without giving reasons.
2. The withdrawal period begins with the notification that the insurance contract has been concluded (= the policy or insurance certificate has been sent), but not before you have received the insurance certificate and the insurance conditions, including the provisions on setting or changing the premium and this instruction on the right to withdraw.
3. The declaration of withdrawal can be sent to Segurio or the competent insurer. To meet the cancellation deadline, it is sufficient for you to send the declaration of cancellation before the cancellation period has expired. The declaration is effective even if it comes under the control of your insurance agent.
4. Any insurance cover already granted and your future obligations under the insurance contract will end upon withdrawal. If the insurer has already granted cover, he is entitled to a premium corresponding to the period of cover. If you have already paid premiums to the insurer that go beyond this premium, the insurer must pay them back to you without deductions.
5. Your right of withdrawal expires no later than one month after you have received the insurance policy including this instruction on the right of withdrawal, unless this instruction would be so incorrect that it deprives you of the opportunity to exercise your right of withdrawal essentially under the same conditions as the applicable instruction exercise.
11. Withdrawal from the contract by the user
You can withdraw from a concluded contracted any time by using the corresponding function in the administration area of "My Segurio" (User Zone). The withdrawal becomes effective as of the end of the month in which the withdrawal was declared by the user. If an insurance policy is terminated due to discontinuation of the risk, the insurance premium paid for the current month will be set off against the administration costs and not refunded.
11. Withdrawal from the insurance policy after conclusion of the contract (by distance selling)
(1) You can withdraw from your insurance policy in writing (e.g. letter, e-mail) within 14 days without giving reasons.
(2) The 14-day withdrawal period begins on the day of conclusion of the contract. If you only received the terms and conditions of the contract and the customer information after conclusion of the contract, the withdrawal period begins as of the date of receipt of all the terms and conditions and information.
(3) The declaration of withdrawal can be sent to your respective insurer or, alternatively, by e-mail to: firstname.lastname@example.org.
The deadline is deemed to have been met if you send the declaration of withdrawal before the end of the withdrawal period.
(4) The withdrawal ends any existing insurance cover and your future obligations from the insurance policy. The insurer is entitled to a premium corresponding to the period of cover for the time that cover was provided under the insurance policy. If you have already paid premiums in excess of this to the insurer, these will be refunded to you without deductions.
(5) Your right of withdrawal lapses at the latest one month after you have received the insurance certificate including these instructions on the right of withdrawal.
(6) During the withdrawal period, the fulfilment of the contract can only begin after you have given your express consent.
General example of a declaration of withdrawal:
You can use the following template for a withdrawal from the insurance policy or a consultancy contract/brokerage order:
[Address of the insurer or Segurio]
I/we (*) hereby withdraw from my/our (*) agreed service
(e.g. portal usage contract or insurance policy No. ______________ (*) dated [date]).
Name, address, signature (only for correspondence on paper), date.
(*) delete as applicable.