Provisions on the use of electronic means of communication

These provisions apply to the mutual communication and data exchange by e-mail/SMS or other electronic means of communication (hereinafter jointly referred to as "electronic means of communication" or the corresponding address "electronic address") between the applicant/client (hereinafter referred to as "client") and Best Finance GmbH (hereinafter referred to as "intermediary") with regard to the relationship between the client and the intermediary (hereinafter referred to as "client relationship"). The choice to use electronic means of communication applies to all existing and future products.

1. acceptance of the provisions/revocation/termination

By providing the electronic address and choosing to use electronic means of communication for communication with the agent (hereinafter referred to as "choice"), the customer agrees to these terms of use. The choice and thus the scope of application of these provisions may relate either to e-mail or SMS or all available electronic means of communication. The customer has the right to revoke the agreement with the agent at any time in writing, i.e. by post. The intermediary has the right to discontinue communication and data exchange via electronic means of communication at any time without giving reasons. The cessation will be announced in an appropriate manner.

2. scope of use

E-mails and text messages whose electronic sender address matches the electronic address communicated by the customer to the intermediary are deemed by the intermediary to have been sent by the customer. This does not apply to cases of identity misuse (e.g. as a result of hacker attacks), provided that the owner has complied with the due diligence obligations in accordance with section 4. Changes to the electronic address can only be communicated to the intermediary either in writing, by telephone or in person at an intermediary branch.

The agent reserves the right to decide in individual cases which information/data is communicated to the customer via electronic means of communication. Unless otherwise specified, electronic communications from the intermediary shall replace other forms of communication with the customer.

The customer must continue to comply with other forms of communication that must be observed due to special contractual provisions. Electronic communication does not replace such forms of communication.

The customer agrees that the intermediary may send him advertising information about offers from the intermediary, from group companies of the intermediary and from third parties to his e-mail or telephone address (e.g. SMS). The customer may revoke consent to advertising at any time.

3. risks associated with communication using electronic means of communication

The intermediary draws the customer's attention in particular to the following risks when using electronic means of communication:

Transmission via the Internet is only encrypted if a secure https connection is established. In many cases (including transmission via e-mail), however, unencrypted and open communication takes place via the Internet. The transmission of text messages is only partially encrypted and the encryption is weak;

The Internet is a global, open network that is accessible to everyone. The transmission of e-mails cannot be controlled and may also take place abroad. Accordingly, the confidentiality of data transmitted by e-mail cannot be guaranteed;

E-mails and their attachments as well as text messages can be forged or falsified unnoticed by third parties, the sender and recipient can be changed and authenticity faked;

E-mails and text messages can be deleted, misdirected or garbled during transmission due to technical errors/malfunctions;

By accessing Internet pages, including clicking on links embedded in e-mails/SMS and opening data attachments, harmful computer programmes such as viruses, worms, Trojans may be installed on the customer's computer, smartphone or similar devices.

4. duties of care

The following duties of care apply in particular to electronic communication:

Operating systems and browsers must be kept up to date (especially security settings and updates). State-of-the-art security precautions must be used (e.g. firewall and anti-virus programme);

If there is any doubt as to whether an e-mail or text message was actually sent by the intermediary, the e-mail or text message should only be opened after consulting the intermediary or following the information contained therein.

5. disclaimer

The agent shall only be liable for intent and gross negligence arising from or in connection with electronic communication and data exchange via electronic means of communication.

The intermediary excludes any liability for damages arising from or in connection with communication and data exchange via electronic means of communication, to the extent permitted by law.

In connection with open communication via e-mail, the customer also expressly accepts the risk that his data may be intercepted or published by third parties during transmission and that confidentiality is not guaranteed in this respect. For its part, the Agent cannot guarantee that e-mails bearing the sender's name have been sent by the Agent or that e-mails sent by the Agent or addressed to the Agent arrive unaltered, on time and to the correct recipient.

6. further provisions

The Agent reserves the right to change the provisions on the use of electronic means of communication at any time. Changes will be communicated to the customer by suitable means (e.g. letter, e-mail) and are deemed to have been approved if the customer does not object within a period of 30 days or continues to communicate with the intermediary via electronic means of communication.

All communications from the agent shall be deemed to have been validly delivered if they have been sent to the last address provided by the customer, including the electronic address provided. The customer undertakes to inform the agent immediately of any change of electronic address.

Should parts of these terms of use be wholly or partially invalid, this shall not affect the validity of the remaining provisions. The legally invalid provisions shall be replaced by provisions that come as close as possible to the intended purpose.

In all other respects, the General Terms and Conditions shall apply, which shall take precedence over these Terms and Conditions in the event of contradictions. In particular, the customer recognises the regulation regarding the place of jurisdiction in the general terms and conditions of the agent as applicable.