Terms of Use - Infront Customer Account

Terms of Use - Infront Customer Account

(as at December 2021)

1.         General points

Among other services, Avadis Vorsorge AG (hereinafter referred to as ‘Avadis’) provides asset management services to pension funds, foundations and other institutional investors (hereinafter referred to as ‘clients’). Avadis has set up the Infront Customer Account (hereinafter referred to as ‘ICA’) to offer its clients a portal comprising a Mailbox function where clients can access the client reporting and a Portfolio Access function where clients can view their assets and transactions.

The Infront Customer Account is run by Infront Financial Technology AG, Zurich (hereinafter referred to as ‘Infront’) on behalf of Avadis.

The protection of users’ personal data is a high priority issue for Avadis. Avadis conducts its activities in accordance with the applicable legislation governing the protection of personal data and data security. These Terms of Use provide the users of the ICA with relevant information regarding the scope of the portal’s use as well as respective liability issues and responsibilities.

Use of the ICA requires the users’ express prior consent to these Terms of Use.

2.         Access and registration on the ICA

To access the ICA, users must legitimise themselves by entering the following access data:

  •  e-mail address

  •  password

  • one-time PIN (two-factor authentication)

An initial password will be forwarded to the users in an e-mail attachment and must be changed during their initial registration on the ICA.

Users log into their customer account via two-factor authentication (password and one-time PIN). At their initial registration, users are asked to download a one-time PIN app (OTP). The QR code displayed in the OTP must be scanned at every login.

A further password, which users will receive from AVADIS in a personal communication or telephone call, is required to open the documents filed on the user’s customer account.

The password must contain a minimum of 9 characters and one special character, using a combination of upper and lower case letters and at least one number. The last 12 passwords may not be reused.

Once users have legitimised themselves for use of the ICA, AVADIS considers such users to be entitled to use the ICA and the services offered through the ICA.

3.         Functions offered by the ICA

The ICA fulfils the following purposes:

  • Provision of client reporting via Mailbox

  • Granting users access to their assets and transactions via Portfolio Access

Due to legal and system-related reasons, Avadis does not accept any orders for business processes or transactions via the ICA beyond these functions.

4.         Clients’ / users’ obligations

Users may not pass on their ICA access data to third parties. They are obliged to keep these access data secret and to protect them against misuse by unauthorised persons. Neither Avadis or Infront will ever request users to disclose their personal password.

Clients/users ensure at their own expense that the computer systems they use are free of viruses, spyware and other malware. It is the sole responsibility of the clients/users to employ the latest technology to protect the computer systems they use against viruses, spyware, other malware, hacking attacks and other harmful interference.

When using the ICA, users are specifically prohibited from

  • infringing any industrial property rights, copyrights or other proprietary rights;

  • transmitting contents contaminated with viruses, so-called Trojan horses or other programming that could damage the software;

  • entering, storing or sending hyperlinks or contents they are not authorised to use;

  • manipulating functions and content of the ICA or collected data.

Avadis is entitled to block access to the ICA at any time, in particular where users breach their obligations under these Terms of Use.

In the event of a breach of these provisions, Avadis is entitled to claim damages for all losses incurred as a result and to initiate any appropriate criminal proceedings.

5.         Exclusion of liability

The information provided by Avadis via the ICA is carefully checked and put at the users’ disposal. Nevertheless, Avadis does not assume any guarantee for the accuracy, completeness and up-to-dateness of the information transmitted via the ICA. Nor does Avadis provide any guarantee for the continuous and failsafe functioning of the ICA. Avadis excludes any liability in this respect to the extent permitted by law.

Users may report any obvious errors or defects occurring on the ICA via the following contact details:

customeraccount@avadis.ch

All data traffic between users and Avadis within the framework of the ICA takes place via a secure connection that meets the latest technical security requirements. Avadis nevertheless does not assume any liability for the functioning and absolute security of the data transmission.

To the extent permissible by law, Avadis excludes any liability for damages of a material or immaterial nature which clients/users might incur through the use of the ICA or through technical faults.

To the extent permissible by law, Avadis excludes any liability for defects in quality and title. Furthermore, Avadis excludes any liability, especially for consequential damage, unless liability is mandatory due to statutory provisions on grounds of intent, gross negligence, the assumption of a guarantee of quality, fraudulent concealment of a defect or the breach of fundamental contractual obligations. However, compensation for damages due to breach of material contractual obligations is limited to the foreseeable damage typical for the contract, unless it is a case of intent or gross negligence.

Although Avadis and/or Infront endeavour to keep the ICA free of viruses at all times, freedom from viruses cannot be guaranteed.

6.         Copyrights, industrial property rights

The entire content of the ICA is protected by copyright. Avadis, or the respective rightsholder, retain all rights, including copyrights, in, to and arising from all information and content (including all text, data, graphics and logos) on the ICA. Any use of such contents and marks other than, or beyond, the intended use of the services of the ICA is prohibited.

7.         Cookies

The ICA uses cookies. The creation of cookies allows for intermediate storage of data and serves to make our portal more user-friendly, effective and safe. Cookies are small text files that are stored on your computer and saved by your browser. The cookies we use are so-called ‘session cookies’ which are essential for the functioning of the portal. They are automatically deleted at the end of your visit. Cookies do not damage your computer and do not contain viruses. In the settings function of your browser you can deactivate cookies at any time, either completely or partially. If cookies are deactivated, you may no longer have access to all of the functions of the ICA.

8.         Contact

Please send any general queries regarding the ICA to the following e-mail address:

customeraccount@avadis.ch

9.         Final provisions

Avadis is not responsible for ensuring that users can/are permitted to access or download information, software and/or documentation on the ICA from locations outside Switzerland. Where users access the ICA from locations outside Switzerland, they are solely responsible for compliance with the relevant regulations according to the respective national law.

Avadis may amend or discontinue the ICA at any time.

Avadis may amend these Terms of Use at any time without prior notice. Users will be notified of such amendments in a suitable form and the users’ consent will be obtained before any further use of the ICA.

Swiss law applies exclusively to any queries and disputes in connection with the ICA, to the express exclusion of the conflict of law rules. The exclusive place of jurisdiction is Zurich.

In the event of any ambiguities and/or contradictions between the German, French and English versions of these Terms of Use, the German version prevails.