Terms of use and legal notice for the use of the services of Miro Kredit AG

General Terms of Use
Version 1.01a

Version of 26.04.2022

These Terms of Use regulate the use of services of Miro Kredit AG by its customers. With the use of services, the Terms of Use are deemed to be agreed as binding between the parties. Miro Kredit AG renders services of credit application brokerage of its customers to financing partners collaborating with Miro Kredit AG (such as banks) as well as advisory services to customers in questions related to financing.

1. Services of Miro Kredit AG

Miro Kredit AG shall request from its customers all data necessary for the assessment of a credit application and treat this data with due diligence and confidentiality. Further details can be found in the Privacy Statement. Miro Kredit AG shall use the individual customer needs and data to assess which financing partners the credit applications will be sent to. Miro Kredit AG shall reserve the right to directly reject credit applications with no prospect of success without mediation to financing partners. Even with mediated credit applications there is no guarantee that the customer will be provided with a (suitable) offer. Credit applications can be both rejected by Miro Kredit AG and the financing partners without stating reasons. Miro Kredit AG shall not mediate any credits for doing business with financial instruments within the meaning of § 3 lit. a of the Swiss Financial Services Act (FIDLEG). Therefore, Miro Kredit AG shall not execute any financial services within the meaning of FIDLEG and is not bound to the regulatory requirements for financial service providers in connection with this Act.

2. Check of the credit applications by the financing partners

For all credit applications, the financing partners shall be responsible for the creditworthiness check of the customer (borrower) within the meaning of the Swiss Consumer Credit Act. In order to check the credit application and process the contractual relationship, the customer (borrower) hereby authorises the financing partners to collect information from third parties, in particular banks, the Central Office for Credit Information (ZEK), the Consumer Credit Information Center (IKO), credit agencies, credit brokers, employers, affiliates of the financing partners, state bodies, authorities (e.g. debt collection and tax offices, land registries, residents control offices, child and adult protection authorities) and other bodies not explicitly listed here.

The customer hereby releases these bodies from the bank customer, postal, official and business secrets for the purpose of the check of the credit application. The customer also authorises the financing partner to register the credit application (except mortgage credit application) with ZEK and IKO and notify other bodies in the case of legal obligations. In the event of a payment of the financing, the contract data will be notified to ZEK and IKO as well. This notification will encompass information about the type, amount and modalities of the credit or financing, the personal data of the customer (borrower) as well as any qualified outstanding payments or abuses. In the event of a rejection, the credit application will be registered accordingly with ZEK and IKO as a rejected application.

The customer shall acknowledge the right of ZEK and IKO to provide information about the reported data to their members.

3. Data processing and data protection

The separate Privacy Statement is an integral contractual part of these Terms of Use.

4. No guarantee by Miro Kredit AG

Miro Kredit AG shall strive to keep all the information published on its website correct and updated. However, Miro Kredit AG shall not guarantee the completeness, correctness, or reliability of the information published at a certain moment. Miro Kredit AG shall expressly reserve the right to change the published information and make it inaccessible to the public at any time. Miro Kredit AG shall basically exclude any guarantee for its offers and services. Interruptions at a specific time or in a specific way, and in which offers and services are available, cannot be completely excluded. The services and offers of Miro Kredit AG and the information contained therein are used at the user’s own risk. This also applies to offers of individual private lenders.

Other websites can be accessed from the website www.miro-kredit.ch via links embedded by Miro Kredit AG. Miro Kredit AG cannot assume any guarantee and liability for these websites and their contents.

5. Compensation of Miro Kredit AG for private credits

The private credit brokerage service is free of charge for the users. Miro Kredit AG will be compensated by those private lenders the credit application of the user was submitted to. The user shall acknowledge this and agree that Miro Kredit AG can use it for itself. This compensation is a part of the financing of the service provided by Miro Kredit AG and can currently amount up to 7% of the credit amount. Furthermore, the user shall acknowledge that the service model complies with § 35 Swiss Consumer Credit Act. Therefore, the user shall expressly waive any claim of this compensation.

6. Correctness of the information, authorisation, abuse

The customer confirms that all the information provided on the application form (on paper or online) of Miro Kredit AG is complete and true and that the application form is filled for him/herself and not for a third party. To the extent the customer discloses data of third parties (in particular about a spouse or registered partner) on the application form, he/she shall assure and be responsible for previously obtaining the consent necessary for that, including the consent to these Terms of Use and the separate Privacy Statement. In the event of any abuse, the customer shall fully indemnify Miro Kredit AG from any claims of third parties.

7. Disclaimer of liability

Miro Kredit AG disclaims liability to the extent permitted, even in the event of negligence. Miro Kredit AG shall especially not be responsible for assisting persons, direct and indirect damage (including consequential damages) and loss of data or delays. This shall also apply when the possibility of damage has been pointed out to the customer.

8. Miscellaneous

The customers shall acknowledge that granting of credit is prohibited if it leads to over-indebtedness (§ 3 Unfair Competition Act – UWG). Miro Kredit AG shall be entitled to adapt these Terms of Use at all times without stating reasons. Swiss law shall be exclusively applied to these Terms of Use and the relationship between the user and Miro Kredit AG. To the extent permitted, the headquarters of Miro Kredit AG in Basel, Switzerland, shall be the exclusive place of jurisdiction. However, the user can also be prosecuted in his/her place of residence.

Legal notice

Granting of credit is prohibited if it leads to over-indebtedness (§ 3 Unfair Competition Act – UWG). I confirm that the information is complete and true. I acknowledge and agree that Miro Kredit AG shall transmit my application to Cembra Money Bank AG, Creditfolio AG, Bank-now AG and other finance companies (hereinafter referred to as “Financial Institution”) over the internet, via email or fax/post. I also confirm the following:

Application review and credit report data:

I confirm that all of my data is true and authorise the Financial Institution and Miro Kredit AG to collect information about me – in relation to the review of this application and the processing of the contractual relationship – from third parties, in particular banks, the Central Office for Credit Information (ZEK), authorities (e.g. debt collection and tax offices, commercial register, residents control office, child and adult protection authorities), credit agencies, credit brokers, employers, health insurance companies, landlords, land registries, affiliates of the Financial Institution and the Consumer Credit Information Center (IKO). For the above purposes, I release these bodies from the bank customer, postal, official and business secrets. I also authorise the Financial Institution to notify ZEK and, if applicable, IKO of the transaction applied for, as well as to also report to other bodies in the event of corresponding legal obligations. The type of credit or financing, amount and modalities, as well as the personal data of the applicant(s) and any qualified outstanding payments or abuses shall be reported. I acknowledge the right of ZEK and IKO to provide information about the reported data to their members. The Financial Institution can refuse the application without stating reasons, and in the event of false information, it shall neither be bound to the offer nor to the signed contract.

Cooperation with brokers:

In the event of applications received from brokers, the Financial Institution can exchange with them information necessary in relation to the application review and creditworthiness check as well as the conclusion and processing of the contract.

Information about partners:

If I have provided information on my spouse or registered partner (“Partner”) in the application I confirm that (i) I have informed my partner about this application, (ii) all information about my partner has been truthfully entered, (iii) the financing institution and Miro Kredit AG may verify the above information by directly contacting my partner, and (iv) my partner agrees that the financing institution and Miro Kredit AG may obtain information concerning him/her as described above (including making information requests to ZEK).

Data processing:

I authorise the Financial Institution and Miro Kredit AG to process my data for risk management and marketing purposes, to store and evaluate it for the period of 10 years and to create profiles in the process. I expressly authorise the Financial Institution and Miro Kredit AG to offer me other products, information and services, also from affiliates of the Financial Institution, by post, SMS or email. I can revoke this authorisation to process data for marketing purposes or to send information at any time.

Cooperation with service providers (outsourcing):

The Financial Institution and Miro Kredit AG can outsource services to third parties (“Service Providers”), especially in the fields of handling business processes, additional insurance offers, IT security and system control, market research and processing, the calculation of business-relevant credit and market risks, as well as the administration of contractual relationships (e.g. application and contract processing, debt collection, communication with customers). The Financial Institution and Miro Kredit AG will provide these Service Providers shall the data necessary to fulfil the contractual obligations and may also transmit this data abroad. The Service Providers, their employees and subcontractors shall be contractually obliged to comply with data protection in accordance with the requirements of the Swiss Data Protection Law, maintain bank-client confidentiality in accordance with the Swiss Banking Law and maintain confidentiality. In this context, I acknowledge that my data may be transmitted to Service Providers in countries that might not have an equivalent level of data protection as Switzerland.

Data transmission:

I confirm that I agree with the use of any means of communication, (e.g. via email, SMS, leaving voice messages on the answering machine, WhatsApp) between the Financial Institution, me, Miro Kredit AG and all of the abovementioned third parties and information bodies. I also accept that the data will be transmitted over the internet and am aware that the internet is an open network accessible to everyone and that no communication channel is completely protected against access by unauthorised third parties. Therefore, Miro Kredit AG and the Financial Institution cannot guarantee the confidentiality of data when transmitted over the internet and other communication channels. Therefore, it is possible for third parties to draw conclusions about an existing or upcoming business relationship (possibly a banking relationship) between me and the Financial Institution.