Conditions of use for the “Suva” online customer portal Version: November 2016
1 Subject of the contract
Suva, Fluhmattstrasse 1, 6002 Lucerne, Switzerland (hereinafter referred to as “Suva”) allows the user to use its “Suva” customer portal (hereinafter referred to as the “customer portal”) and the services available on the customer portal (hereinafter referred to as “services”) under the following conditions.
2 Scope of usage rights
The customer portal enables users to access information, use the available services and exchange data with Suva via the Internet. Suva reserves the right to change the content of the customer portal and the scope of its services at any time
and/or to adapt it in line with technical or legal developments. The user may only use the customer portal and the services in accordance with the present conditions. Any other use is forbidden.
3 Access to the customer portal/identification
An account is required to use the customer portal and services. The user must enter a user name and password (personal identifiers) in order to access this account. Access to some services requires several levels of authentication by way of additional identifiers. Suva shall deem a user to be legitimate if they have verified their identity using the above-mentioned identifiers. Suva shall accept orders and legally binding correspondence from the user without additional verification of their authorisation.
4 Allocation of accounts
Suva shall decide freely whether to allow a user to create an account. It need not give reasons for rejecting such a request.
Suva is authorised to revoke access to the customer portal and services without prior notice at any time. Users can also delete their accounts or request that Suva do so at any time. Deletion of an account cannot be reversed.
6 Due diligence obligations on the part of the user
Users are required to treat their personal identifiers as confidential
and to protect them as necessary against misuse by unauthorised parties. The user shall bear all the consequences in the event that their personal identifiers are used by unauthorised parties. If the user has reason to suspect that an unauthorised third party has obtained their personal identifiers, they must immediately change their password and/or delete their account.
7 Using the customer portal while abroad
The user acknowledges that, when using the customer portal and services while abroad, the data protection laws in other countries often do not meet the Swiss
standard, and that provisions of these countries’ laws may be infringed. Users have sole responsibility for informing themselves of the relevant laws in other countries.
8 Data protection
Suva and the user both undertake to comply with the provisions of Swiss data protection legislation (in particular the Data Protection Act).
By using the customer portal, the user grants Suva the right to record, store and use all login and access data, transactions, changes and movements generated or made by the user.
By providing or uploading data, the user grants Suva permission to
use it for marketing purposes and for all analyses connected with this; for analysis and measures relating to the management of existing and future customer relationships; and for purposes that are stated explicitly at the point of data collection or are clearly connected to the provision of the data.
Any data sent by e-mail is unencrypted.
9 Liability and warranty
The user uses the customer portal at their own risk. To the extent permitted by law, Suva rejects any liability for direct or indirect damage caused by transfer errors, technical defects and/or failures, faults, network overloading and/or unlawful interference or access by third parties, the failure to recognise defects in the proof of identity, careless use of personal identifiers, blocking of access/the account, use of the customer portal and services while abroad, inadequate security or functional capability of the hardware and software used by the user, or any other reasons that arise in connection with the use of the customer portal and services.
The user shall be liable to Suva and shall indemnify the latter in full against any damages caused by use of the customer portal that was not authorised by Suva.
The user is aware that despite all precautions and security measures,
data transmitted over the Internet is not absolutely protected against third-party attacks and, furthermore, that errors and/or time delays or interruptions may occur. Suva assumes no responsibility in this regard for the correctness and completeness of the data that is displayed, electronically transferred and/or printed.
Users are responsible for informing themselves of the security measures that are required in connection with the hardware and software they use and for implementing such measures where necessary (firewall, virus protection etc.).
10 Start and end of the agreement
This agreement enters into force when the user clicks the corresponding check box to indicate their acceptance of these conditions of use and is concluded for an indefinite period. Both Suva and the user may terminate this agreement at any time by deleting the account (see item 5).
11 Changes to the conditions of use
Suva reserves the right to change the conditions of use for the customer portal at any time. Users will be informed of changes to the conditions of use in a suitable manner, usually via e-mail. By using the customer portal and/or services for the first time after receiving notification that the conditions of use have changed, the user confirms that they accept these conditions without reservation. Any objection to changes to the conditions of use is deemed to be a cancellation and will lead to the deletion of the account (see item 5).
12 Place of jurisdiction and applicable law
Suva’s headquarters in Lucerne, Switzerland, shall be the place of jurisdiction for any disputes arising from this agreement. This agreement is exclusively governed by Swiss law.