1. Application portal

Swiss Export Risk Insurance (“SERV” or “we”) operates an application portal for recording and processing insurance and guarantee applications relating to export transactions.
These terms and conditions of use govern the relationship between users and SERV in connection with the use of the application portal. The user also consents to the disclosure of confidential information and pro-tected data by SERV in accordance with section 5.
By registering, and every time you log in to the application portal, you indicate your agreement with the lat-est version of these terms and conditions of use. SERV reserves the right to amend the terms and condi-tions of use from time to time. The applicable version is always the latest version, displayed on the login screen. We will inform you about changes to the terms and conditions of use by suitable means, for exam-ple by means of notifications when logging in to the application portal.
SERV may change, expand or discontinue the contents or format of the application portal at any time.

2. Registration, user account

Users are required to register and create an account in order to use the application portal. Only persons with legal capacity to act may register. You must register using your business email address. SERV may reject registrations without stating its reasons for doing so.
If another individual from your company has already registered, the domain of the email address you give when registering will be recognised and your user account will automatically be assigned to your company. You will not be able to view all of your company’s fundamental data or transactions until you have been accepted by your company’s lead user.
You can log in to your user account using the access details created when you registered (email address and password). You must treat your access details as confidential, and take steps to prevent their misuse. You shall not have any claims against SERV in connection with the misuse of access details or damages resulting from improper access to the user account and the use of the application portal. If it comes to your attention or you suspect that misuse has taken place, you must notify SERV of this fact immediately (support@serv-ch.com).

3. Obligations on the part of the user

The user undertakes to use the application portal as intended and not to use it in any way that constitutes improper use, misuse or unlawful use, such as introducing malware.
They must provide full and correct information, and make changes without delay if the details are no longer current. The user alone is responsible for the information and content (“data”) they have entered or provided, and warrants that this data is accurate. SERV is under no obligation to verify the accuracy or completeness of the information provided.
The user may invite another registered user and in so doing authorise them to manage the transactions of the inviting user’s company in the application portal. The user is responsible for checking to whom an invita-tion is being sent or to whom the data in the user account is being disclosed.

4. Blocking or deactivation of the user account

SERV may block a user account if the user violates the terms and conditions of use or misuses the applica-tion portal. A user account may be deactivated if it is not used for a certain amount of time and no transac-tions are recorded. SERV is under no obligation to inform the user that the account is being blocked or deactivated.

5. Official secrecy and data protection

The information you provide in the application portal may be protected by the obligation to maintain official secrecy (Art. 320 Swiss Criminal Code) to the extent of the protection this provision provides. The personal data of natural persons are also protected by the Data Protection Act (FADP) and those of legal entities by the Government and Administration Organisation Act (GAOA).
In connection with the conclusion and processing of insurance business and for the purposes of interna-tional collaboration, in the event of overriding interests and for the electronic administration of insurance applications and business, SERV discloses confidential information and protected data to supervisory au-thorities and third parties. Further information can be found in the "information on the disclosure by SERV to third parties of protected information about export and financing transactions", which is available on the SERV website (www.serv-ch.com > Most popular documents).

6. Data security

Data is transferred to SERV via the internet using an encrypted connection. Please note that the internet is a medium that can be accessed by anyone, and is generally not considered to be a secure environment. The possibility cannot be ruled out that data will also be transferred via countries that offer lower levels of data protection than Switzerland, even if both the sender and the recipient are in Switzerland. We therefore accept no liability for the security of your data while it is being transmitted to SERV via the internet.
In all other respects relating to the protection and security of data, we refer to the data protection declara-tion published on our website.

7. Liability and warranty

Although SERV takes every care to ensure that any information provided in the application portal is correct, it cannot guarantee that this information is correct, accurate, up to date, reliable or complete.
All liability on the part of SERV with regard to users in connection with the use of the application portal is excluded to the extent permitted by law.
The user undertakes to hold SERV harmless against any third-party claims stemming from the non-observance of these terms and conditions of use.
SERV shall endeavour to ensure that the availability of the application portal is high, but offers no guarantee that it will be free of interruptions or faults. SERV shall endeavour to remedy technical faults that are within its control within a reasonable time frame.

8. Final provisions

If one or more provisions of these terms and conditions of use prove invalid or ineffective, this shall not affect the binding nature of the remaining provisions.
These terms and conditions of use are governed by Swiss law, to the exclusion of conflict of laws provi-sions.
The courts with authority over SERV’s registered office (Zurich) shall have exclusive jurisdiction over all dis-putes arising from or relating to these terms and conditions of use.