1. Scope of application
1.1 These general terms and conditions ("GTC") apply to the entire business relation between the customer and Neova Techafull GmbH ("Techafull") as provider of a web-based application process for the conclusion of insurance contracts.
1.2 Techafull is a German limited liability company (Gesellschaft mit beschränkter Haftung), registered with the Commercial Register of the local court of (Amtsgericht) Charlottenburg under docket number HRB 236133 B, and an insurance agent (Versicherungsvertreter) with a licence under sec. 34d para. 1 sent. 1 no. 1 German Trade Regulation (Gewerbeordnung). The business address of Techafull is Unter den Linden 24, D-10117 Berlin.
1.3 Techafull offers the following services exclusively (collectively referred to as "Techafull Services"): Providing access to and brokering contracts on
. Techafull Home Content Insurance
. Techafull Private Liability Insurance
. Techafull Private Accident Insurance
1.4 Any Techafull insurance product will be provided by ELEMENT Insurance AG ("ELEMENT Insurance") (risk taker), a direct insurer supervised by the German Federal Financial Supervisory Authority ("BaFin"). The customer and ELEMENT Insurance will enter into a separate legal relationship governed by the contractual terms the customer and ELEMENT Insurance may agree upon.
1.5 Individual agreements between the customer and Techafull shall prevail and take precedence over the Techafull GTC.
2. Amendments to the GTC
2.1 Any proposed amendments to the GTC shall be offered to the customer in electronic form (cf. section 6. GTC) by no later than two (2) months prior to their proposed effective date.
2.2 The amendments offered by Techafull shall only become effective if the customer accepts them, where applicable by way of an implied acceptance (Zustimmungsfiktion) as set out below.
2.3 The customer's silence shall only be deemed to constitute acceptance of the offer of amendment (Zustimmungsfiktion) if
- Techafull's offer of amendment is made in order to restore the conformity of the contractual provisions with a changed legal situation because a provision of the Techafull TC
- no longer conforms to the legal situation due to a change in the law,
- becomes ineffective or may no longer be used due to a final court decision, or
- can no longer be brought into conformity with Techafull's regulatory obligations due to a binding order of a competent authority, and
- the customer has not rejected the offer of amendment prior to the proposed date on which the amendments shall take effect.
2.4 Techafull shall inform the customer of the consequences of the customer's silence in its offer of amendment.
- The implied acceptance (Zustimmungsfiktion) shall not apply to amendments to amendments of section 2 GTC and section 6 GTC, or
- in case of amendments affecting the principal obligations of the contract and the charges for the principal obligations, or
- in case of amendments to charges which are aimed at a payment by the customer exceeding the agreed charge for the principal service, or
- in case of amendments which are equivalent to the conclusion of a new contract, or
- in case of amendments which would significantly shift the previously agreed relation between performance and consideration in favour of Techafull.
In such cases, Techafull will obtain the customer's acceptance to the proposed amendments by other means.
2.5 If Techafull makes use of the implied acceptance (Zustimmungsfiktion), the customer may also terminate the contract affected by the amendment without notice and free of charge before the proposed effective date of the amendments. Techafull shall specifically draw the customer's attention to this right of termination in its offer of amendment.
3. Liability of Techafull
3.1 As far as nothing else results from these GTC, Techafull is liable - no matter for which legal reason – in accordance with statutory law.
3.2 Techafull's liability is limited to damage caused intentionally and by gross negligence. This limitation of liability shall not apply to (i) damage to life, body or health or (ii) damage due to a breach of material contractual obligations. Material contractual obligations are obligations the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the customer may regularly rely. In the event of a breach of a material contractual obligation, however, Techafull's liability shall be limited to the foreseeable damage typical for the contract. The exclusions and limitations of liability do not apply if Techafull has expressly assumed guarantees or if liability exists in accordance with product liability law.
3.3 Techafull shall not be liable for damage caused by force majeure, riots, acts of war and natural disasters or other events for which Techafull is not responsible (e.g. strikes, lockouts, traffic disruptions, acts of domestic or foreign authorities).
3.4 The exclusions and limitations of liability shall also apply mutatis mutandis in favour of Techafull's legal representatives and vicarious agents.
3.5 Insofar as Techafull offers access to databases or websites of third parties (e.g. by means of a link), Techafull shall not be liable for the accessibility, existence or security nor for the content of these databases or websites.
4.1 The customer may terminate the entire business relationship with Techafull, or individual parts thereof, at any time without observing a notice period. Techafull will also act as a messenger (Empfangsbote) for communicating the customer's notice of termination to ELEMENT Insurance.
4.2 Techafull may terminate the entire business relationship with the customer, or individual parts thereof, at any time by way of an ordinary termination (ordentliche Kündigung) giving no less than two months' prior notice.
4.3 The customer's and Techafull's right to terminate the business relationship for good cause (wichtiger Grund) without observing a notice period shall remain unaffected. Examples for good termination causes are repeated violations of the GTC, or a serious one-time violation of the GTC (including attempted deception of ELEMENT Insurance or Techafull by a customer deliberately providing false information). If good cause for termination is the breach of a contractual obligation, the termination is only possible after the unsuccessful expiry of a deadline set for remedial action or after an unsuccessful warning, unless this is unnecessary due to the particularities of the individual case.
5.1 Communications, including contract documents, other personal document and information ("Communications") between Techafull and the customer in connection with the Techafull Services will be in electronic form. Notifications by Techafull to the customer will be placed into an online inbox set up individually for the customer and/or send to the email address of the Customer, unless a notification in paper form is mandatorily required by law.
5.2 You as customer consent that Communications that need to be provided to customers in a durable medium will be provided to you via email to the email address you provided to Techafull or placed into the online inbox set up individually for you.
5.3 Notwithstanding section 6.1 and 6.2 GTC, Techafull shall always be entitled to offer additional means of communication to the customer, e.g. customer service by telephone.
6.1 The prices for the insurance products brokered by Techafull can be viewed in the online customer journey and the contractual documents provided by ELEMENT Insurance. Neova will receive a brokerage commission from the premium for every insurance contract successfully brokered.
- Fund Mechanism
7.1 Techafull acts in accordance with Islamic principles when providing the Neova Services. For this purpose, its cooperation partner ELEMENT Insurance shall set up a bank account at KT Bank AG (Platz der Einheit 1, 60327 Frankfurt), which shall be referred to as the "Takaful Fund". The policyholders' insurance premiums are collected by ELEMENT Insurance and paid into this account.
7.2 All transactions with the insurance premiums shall comply with Islamic principles and Techafull shall act in all its activities in connection with the Takaful Fund with the approval as well as under the supervision and control of the Ethics Council. The Ethics Council is a committee consisting of members who are experts in the field of Islamic law (Fiqh).
7.3 ELEMENT Insurance is entitled to collect a fee from each policyholder's insurance premium for its services and administrative costs, referred to as the "Vakala Fee". Further, ELEMENT Insurance might receive a fee, referred to as the "Mudaraba Fee" (together with the Vakala Fee "Fees"), for its technical expenses in case of investment activities. ELEMENT Insurance will transfer its fees from the Takaful Fund to its own bank account once the policyholder's revocation right for the insurance contract has expired. Techafull will also receive an insurance brokerage commission for the brokerage from the Takaful Fund (i.e. precisely from the overall costs for each insurance contract successfully brokered). The claim to the insurance brokerage commission arises as soon as an insurance contract distributed by Techafull is concluded between ELEMENT Insurance and the customer.
7.4 In the event of a justified claim by a policyholder arising from an insurance relationship brokered by Techafull, ELEMENT Insurance will settle the claim against the policyholder from the Takaful Fund. In the event of insufficient coverage of the Takaful Fund, ELEMENT Insurance will increase the amount of funds in the Takaful Fund.
7.5 In the event of a surplus of the Takaful Fund at the end of the calendar year, this amount shall be donated by ELEMENT Insurance or kept as a reserve. ELEMENT Insurance and Techafull will decide jointly about the surplus. This decision is subject to approval by the Ethics Council. "Surplus" means the sum after deduction of the Fees for ELEMENT Insurance, commissions, claims and underwriting reserves, i.e. the surplus according to the profit and loss account. ELEMENT Insurance will donate this surplus in accordance with Techafull and the recommendations of the Ethics Council.
7.6 In the event of termination of an insurance contract, the remaining surplus shall be donated by ELEMENT Insurance.
8. Governing law
The Techafull TC shall be governed by German law.
9.1 The customer is invited to contact Techafull at here to present any questions or complaints using various channels. The customer may also address a complaint to the Techafull‘s contact point stated on the website.