A. Declaration of consent
With your use of the application, you explicitly declare your consent to the General Business Terms (GBT) below and fully accept all conditions contained therein, including the one on the use of your data (data privacy).
B. General information/Preamble
This application is offered by Zurich Versicherungs-Gesellschaft AG, Mythenquai 2, CH- 8002 Zurich, Switzerland (hereinafter referred to as “Zurich”) and is meant to draw the users’ attention to possible effects of natural hazards on their assets, namely, their property and/or the structures on it (buildings/homes). It is also meant to show them possibilities for in-depth clarification and where applicable, to point out solutions worth considering. The application is likewise available to those who otherwise make use of the above property (e.g. tenants).
1. Contents
The core of the application involves connecting, merging and evaluating the widest variety of data to arrive at an abstract assessment of exposure to hazards at a geographic spot as defined by the given user.
To this end, the application merges data entered by the user with data from other parties (e.g. Swiss Confederation, the Swiss cantons and the municipalities). Zurich neither influences nor bears responsibility for the creation, quality, completeness and currency of this data. For the assessment and the recommendations based upon it, the application relies on the algorithms, data and processes made available by the company GEOTEST AG, CH-3052 Zollikofen, Switzerland. For geographic mapping, the application uses the product GeoPost Coordinates from Die Schweizerische Post AG.
The users also take due notice that the application is completely unsuitable for planning leisure time activities of all kinds (e.g., ski tours, mountain hikes, and/or the like) and that using the product for this purpose is prohibited.
2. Duties of the users
Users are prohibited from putting the application or the analysis results to commercial use even on their own account. The application is exclusively for private use. However, both legal entities and natural persons can make non-commercial use of the application.
In each case, users are prohibited from undertaking a structured query, namely by means of computer scripts, without prior express written permission from Zurich.
Furthermore, users must obtain prior express written permission from Zurich before publishing or making public use of the application and its results and/or making same known to the public.
3. Contractual Penalty
If the user makes commercial use of the application without permission, he agrees to pay a fine of CHF 50,000. Zurich explicitly reserves the right to demand additional compensation.
4. Costs
The tool is made available to the user free of charge. There are no further obligations between the contracting parties except those expressly named in these General Terms of Business.
5. Compensation for referral of experts
Zurich receives no compensation whatsoever for referrals. However, where referral is permitted, Zurich reserves the right to take into account its own customer relations. There is no claim to permission for referrals in either direction.
6. Disclaimer
To the extent permitted by law, Zurich fully excludes and rules out any and all liability for the functionality of the tool, the quality, currency and completeness of the data provided, and the correctness of the results. Zurich also fully excludes liability for all helpers (e.g. suppliers of basic data and/or hazard maps) and in each case, the helpers of GEOTEST AG, CH-3052 Zollikofen, Switzerland and Die Schweizerische Post AG.
7. Data privacy and data use by Zurich
Users expressly consent to the creation of an individual risk profile based on their inputs and the geographic data. Zurich is hereby permitted to save this profile along with the data in it.
Users further give their consent that the data that they record and the results or risk profiles that the tool creates can be used within the Zurich Insurance Group, its subsidiaries and distribution partners for advertising purposes and for individual rating as well as any other commercial use.
Users are aware and give their consent that Zurich is entitled to pass on the profiles to third parties (e.g., banks, real estate firms, or the like) for consideration to be made use of commercially.
Moreover, users take due notice and give their consent that at their explicit request in connection with the application, their contact details, namely their address and the analysis results, are to be made available to experts for the purpose of contacting them.
The results are also allowed to be summarized, evaluated, used and passed on in anonymized form (without name, e-mail address, phone number) for the general prevention of hazards as well as for the creation of a better basis for rates and for scientific purposes and then made known as total evaluation results.
On request, every entitled person can have his own address removed from the application. This request must be sent in writing with evidence of interest to Zürich Versicherung-Gesellschaft AG, Postfach, CH-8001 Zurich, Switzerland, along with the reference: “Zurich Prevention of Natural Hazards”.
8. Intellectual property/Copyright
All copyright and trademark rights for the application belong exclusively to Zurich and where applicable, to third parties brought in by Zurich. Any use, copy, change and/or reproduction of the application, the data, source codes, programs and/or the like contained therein are expressly prohibited even in modified form.
9. Applicable law and legal venue
Only Swiss law applies to the exclusion of all private international law. Legal venue is the city of Zurich, canton of Zurich, Switzerland.
C. Limitation of liability for GEOTEST AG
The fundamental data used for the following analyses are owned by the cantons (hazard maps and hazard index maps), the Swiss Confederation (Silvaprotect) or Swiss Re (Aquaprotect).
The data owners and GEOTEST AG both refuse to accept liability for any damage that might arise from the direct or indirect use or interpretation of the geo-data. Correctness, completeness, currency and accuracy cannot be guaranteed for technical reasons. The original data from the administrative offices or official excerpts are deemed authoritative. The maps and texts constitute informational material for the public without being legally binding statements.
The assessments of your hazard situation done with the help of the property analysis serve solely as an initial rough self-assessment. They do not suffice for the planning or installation of protective measures. If a need for action is recommended on the basis of this self-assessment, it is mandatory for the user to seek support from experts at the municipalities, the competent cantonal offices or specialized engineering firms. GEOTEST AG refuses to assume any and all liability for actions taken as a result of the direct or indirect use of the analysis instrument.
C1. Applicable law and legal venue
Only Swiss law applies, to the exclusion of all private international law. Legal venue is the city of Bern, the canton of Bern, Switzerland.