General Terms and Conditions for Use of the Garden Mobile Application and Website
Version: August 2019
1. General Provisions
- Any and all use of the Garden Mobile Application ("Mobile App") and Garden Website ( https://getgarden.de , "Website) offered by Munich Re PCC Ltd., a cell company formed in accordance with the provisions of the Companies Act (Cell Companies Carrying on Business of Insurance) Regulations (Subsidiary Legislation 386.10 of the Laws of Malta), appearing hereon on our own behalf and in respect of the Savings & Investments Cell (the "Company" or "we") is permitted to our customers (each a "Customer") exclusively in accordance with the present terms and conditions (the "T&C").
The following Company is responsible for the content and services rendered through the Mobile App or Website and is Customer's contractual partner:
Munich Re PCC Ltd., in respect of the Savings & Investments Cell
Address: Level 4, Whitehall Mansions, Ta’ Xbiex Seafront, Ta’ Xbiex, XBX 1026,
Tel: +356 21344066
VAT-ID: MT 2439-5005
- The services offered in the Mobile App and on the Website are directed exclusively to consumers. For the purpose of these T&C, "Consumer" is any natural person entering into the contract for purposes that are predominantly outside his trade, business, craft or profession (Art. 2(1) Directive 2011/83/EU, Sec. 13 BGB).
- We reserve the right to unilaterally change these T&C, provided they have become part of the contractual relationship with the Customer, to the extent such changes are necessary, or to bring the T&C in line with new legal or technical requirements. We will inform the Customer about the amended provisions. The changes will become effective and will be part of the contractual relationship with the Customer, unless the Customer has objected to this by giving notice in written or text form within a period of four weeks following the notification about the changes.
- Company is entitled to discontinue operation of the Mobile App and/or the Website, in full or in part, at any time without justification. If so, Customers will be granted an alternative for accessing their accounts, financial status, and insurance contracts
2. Registration, User Account
- A Customer can register and create a personal user account ("User Account"). Each Customer shall keep only one User Account at the same time. Registration, activation and use of the User Account are free of charge.Upon registration, the User Account may be used for the Mobile App and the Website.
- We are not obligated to accept a registration by a Customer.
- The Customer may review and change his entry during the registration process by using the keyboard of his device. The Customer may at any time access and view these T&C within the Mobile App and on the Website, where they may also be downloaded and printed.
- The User Account will be activated without undue delay after registration. A Customer shall be notified of the activation of his User Account by e-mail. Hereafter, the Customer can log in with his credentials (user name and password). The contractual relationship between the Company and the Customer regarding the use of the Mobile App and the Website is concluded at the time the Customer receives the notification of the activation of its User Account. The languages available for concluding the agreement are: German and English.
- All information and details provided by the Customer must be true, and any future changes must be communicated without undue delay, in particular if the Customer should cease to be a Consumer (as defined in Sec. 1 (3) above). The Customer is entitled to view, amend or delete his information and his account settings at any time. Provided a legitimate interest can be demonstrated, we reserve the right to postpone the effectiveness of a change until written evidence is supplied by the Customer.
- In the event of a violation of (i) applicable law, (ii) these T&C, or (iii) other applicable contractual terms, we reserve the right to withhold any features of the Mobile App and/or the Website, to temporarily suspend the User Account, to delete the User Account irrevocably or to take any other appropriate measure (virtual domestic authority). We shall decide on any such measure at our own discretion. However, in any case, we will provide the Customer with alternative means for reviewing and accessing Customer's account, financial status, and insurance contracts.
- The Customer may delete his User Account at any time without stating any reasons. A suspension or deletion of the User Account does not affect previously created mutual rights and obligations.
- The Customer may not transfer the User Account and the rights and obligations resulting therefrom without our prior written consent. The use of the User Account deems the respective user to be authorized to use the User Account. The Customer hereby authorizes the respective user of the User Account to make use of the User Account on behalf and for the account of the Customer.
- The Customer must keep his credentials confidential and limit the access to his User Account. In particular, the Customer must protect his credentials against loss, theft and any other misuse. He must notify us of any loss of credentials in text form without undue delay.
- Any damage caused as the result of unauthorized use of the credentials shall be attributed to the Customer if Customer caused the unauthorized use by means of an intentional or negligent violation of one of his duties set forth in Section 2 (9).
3. Services, Information on Products
- The Company offers a Mobile App and a Website regarding information and use of financial products offered by Company, in particular regarding life insurances. For that purpose, Company keeps certain information available for retrieval or download in the Mobile App and on the Website.
- The financial products offered within the Mobile App and on the Website can be selected by the Customer. Further information will be provided to the Customer in the course of the conclusion of contracts regarding such products. Such insurance contracts, including their conclusion via the Mobile App or Website, will be governed by separate terms and conditions which will be presented to the Customer before the conclusion of the insurance contract.
4. Rights to Use the Information, Software and Documentation
- Use of the information, software and documentation made available in the Mobile App and on the Website is governed by the present T&C.
- The Company grants the Customer a non-exclusive, non-transferable right to use and copy the Mobile App and the information and documentation made available in the Mobile App and the Website for the purposes laid out in these T&C. Company has licensed these rights from Munich Reinsurance Company, Königinstraße 107, 80802 Munich, Germany.
- The right to copy is limited to the installing, loading, displaying, running and storing of the Mobile App on a mobile device that is in the Customer's immediate possession.
- The Mobile App itself as well as the information and documentation provided in the Mobile App and on the Website are protected both by copyright laws and international copyright agreements, and by other laws and agreements pertaining to intellectual property. The Customer shall observe these rights and, in particular, the Customer shall not remove any alphanumeric codes, trademarks, designs or copyright notices either from the Mobile App, the Website information or the documentation, or from copies thereof.
We shall not be liable for damages towards the Customer with the following exceptions:
- if a guaranteed quality is not present;
- for claims regarding damages for injury to life, body or health due to intentional or negligent breach of duty by us or by our legal representative or persons we engage in the performance of our obligations;
- for claims regarding other damages arising from an intentional or grossly negligent breach of duty by us or by our legal representative or persons we engage in the performance of our obligations;
- for violation of material contractual obligations whose breach jeopardizes the achievement of the purpose of the contract or whose fulfilment is a prerequisite for enabling the proper fulfilment of the contract and on the fulfilment of which the customer regularly relies (Kardinalpflichten);
- for claims under the applicable product liability laws.
- In cases of paragraph (1) d) above, the amount of our liability is limited to the damages which typically occur and are foreseeable at the time of conclusion of the contract.
- We shall be liable for loss of data only up to the amount of typical recovery costs that would have arisen had proper and regular data backup measures been taken.
- In case there is a limitation or exclusion of our liability, such limitations and exclusions shall also apply to the personal liability of our employees, representatives, officers and persons we engage in the performance of our obligations.
- In consideration of the properties of the internet and of computer systems, Company assumes liability neither for the uninterrupted availability of the Mobile App and the Website nor for interoperability with other applications, mobile devices and operation systems.
6. Data Protection
- We collect, process and use Customer's personal data when you use our Mobile App and/or the Website and enter into contractual relationships with us. We do so in compliance with applicable data protection law.
- For further information on the collection, process and use of Customer's data, we refer to our privacy statement .
7. Applicable Law
- The contractual relationship between us and the Customer shall be governed and interpreted in accordance with the laws of Germany, excluding its conflict of law provisions. For consumers residing in another member state of the EU, the mandatory consumer protection provisions of the law of such member state will remain unaffected.
8. Information on Alternative Dispute Resolution (ADR)
- We are neither willing nor obliged to participate in consumer ADR-proceedings (Sec. 36 (1) no. 1 German Alternative Dispute Resolution Act in Consumer affairs, "VSBG").
- The European Commission provides a platform for online dispute settlements (OS-Platform). You can reach them at https://ec.europa.eu/consumers/odr
9. Final Provisions
- If one or several provisions of these T&C should be or become legally invalid for any reason whatsoever, the validity of the remaining provisions shall not be affected thereby. In such case, the invalid provision shall be replaced by the provision of statutory law. If such statutory law does not exist (loophole) or led to unreasonable results, the parties will enter into negotiations to replace the invalid provision by another provision coming as close as possible to the legal and economic purpose of the invalid provision.