Status: (13/06/2024)
We, Clanq AG, Zahnradstrasse 22, 8005 Zurich, Switzerland, registered in the Commercial Register of the Commercial Register Office of the Canton of Zurich, represented by Jean-Paul Saija and Jakob Kaya (hereinafter: ‘Clanq’), are committed to supporting parents and families in securing the financial future of their children. To achieve this goal, we offer various services (hereinafter: ‘Clanq Services’) through a cooperation with Cornèr Bank Ltd (hereinafter: ‘Cornèr’) via a mobile app (hereinafter: ‘Clanq App’), which enables the use of certain Cornèr banking services (hereinafter: ‘Cornèr Services’).
In order for us to be able to offer you (hereinafter also: ‘you’, ‘you’, ‘user’, ‘users’) the use of our Clanq Services, it is necessary for you and us to enter into a legally effective user agreement (hereinafter: ‘Clanq Agreement’). In addition, the conclusion of a contract between you and Cornèr is required in relation to the respective Cornèr Services that you wish to use via the Clanq App (hereinafter: ‘Cornèr Contract’).
1. Scope of application
1.1 The following General Terms and Conditions apply to the Clanq Contract.
1.2 In contrast, the following General Terms and Conditions do not apply to your Cornèr Contract, which is to be concluded separately. Rather, Cornèr’s respective terms and conditions apply in this context, which you can view under this link.
1.3 If you use your own general terms and conditions, we can only accept these if we have expressly agreed this with you in writing. Otherwise, we cannot accept the general terms and conditions of our users.
2. Subject matter of the contract
2.1 Our General Terms and Conditions govern the use of Clanq Services by users via the Clanq app.
2.2 You can use the following Clanq Services via the Clanq app:
- Quick account opening: You can open a bank account with Cornèr via the Clanq app. This requires the separate conclusion of a Cornèr contract. The Clanq app guides you through the account opening process in a user-friendly way.
- Applying for a free Visa debit card: In addition to your bank account with Cornèr, you can apply for a Visa debit card with Cornèr via the Clanq app. The issue and use of the Visa debit card is subject to the agreements in the Cornèr contract to be concluded separately.
- Setting up piggy banks where you can save in favour of your child: You have the option of setting up up to five sub-savings pools for your bank account with Cornèr, on which you and other supporters can save for your children. Such piggy banks are in the name of the holder of the main account to which they are subordinated, not in the name of the respective child. The authorised user of a piggy bank is therefore only the holder of the main account and not the child for whom the savings are being made. Piggy banks improve clarity when using the Clanq app and also enable the use of certain Clanq services.
- Achieve savings goals: In the Clanq app, you can set savings goals and customised rules to help you achieve your savings goals. For example, you can specify when you want to deposit which amounts into your piggy bank. For example, you can set payments from your main account to be automatically rounded up to the full franc. The rounding up difference is then automatically posted from your main account to the piggy bank you have specified. You can also specify, for example, that a certain amount should be transferred to one or more of the linked sub-savings pools for each payment that corresponds to at least an amount to be specified by you. You can also have notifications sent to you via the Clanq app to help you comply with the savings rules you have set yourself.
- Pay and transfer: With your Cornèr bank account, which can be used via the Clanq app, you can participate in payment transactions in Switzerland without restrictions.
- Receive payments: You can also receive unlimited payments from other payment accounts to your Cornèr bank account that can be used via the Clanq app.
- Support feature: The support feature (family clan) is intended for all persons who wish to contribute to the savings goals pursued in the Clanq app. With the support feature, collected cashback payments can be triggered from the linked payment card to the deposited piggy bank.
- Receiving cashback: For purchases made with the Clanq payment card linked in the Clanq app, we credit a small percentage of the purchase amount, which is published on the website, as cashback to your piggy bank, where you can save in favour of your child.
2.3 If you are shown account information relating to your main account with Cornèr when using the Clanq Services, this information will be transmitted in encrypted form. We use interfaces provided by Cornèr to access the account information.
2.4 In your and our interest, we will do everything in our power to ensure that the Clanq Services are available to you without restriction at all times. Nevertheless, it cannot be ruled out that our Clanq Services will temporarily be available only to a limited extent or not at all, for example because maintenance work is required on our systems or malfunctions occur. If the Clanq Services are unavailable for a planned period, we will inform you within a reasonable period of time about the pending temporary unavailability of the Clanq Services. If our Clanq Services are unexpectedly unavailable, we will inform you immediately via the e-mail address you have provided to us.
3. Registering for the Clanq service and opening your Cornèr account
3.1 In order to use the Clanq Services, you must download the Clanq app from the App Store or Google Play to an internet-enabled mobile phone and install it there.
3.2 The Clanq app supports the current operating systems for mobile phones in a sufficiently up-to-date version. The operating system installed on your mobile phone must therefore fulfil certain minimum requirements, although we reserve the right to update these regularly. You can view the mobile phone operating systems supported by the Clanq app here at any time. If the operating system installed on your mobile phone does not meet the minimum requirements, the Clanq app cannot be used via the mobile phone.
3.3 You have the option of registering to use the Clanq Services via the Clanq app. To do this, you must set a sufficiently secure password (at least eight characters, at least one upper and one lower case letter, at least one number and one special character). We also need the phone number of your mobile phone on which the Clanq app is installed. To successfully complete the registration process, you will need to provide some additional personal details, which must be complete and correct.
3.4 Opening a bank account with Cornèr linked to the Clanq app is also done via the Clanq app. Opening an account requires the effective conclusion of a Cornèr contract and the successful completion of an identification procedure, which you can do 100% digitally.
4. Costs
4.1 The amount of the fees for the use of the Clanq Service, including the amount of payments that exceed the fees agreed for the main service, can be found on the costs page. If you make use of a main service listed there and we have not reached a different agreement, the fees stated on the Costs Page at that time shall apply.
4.2 Unless we have agreed otherwise with you, we will collect the fees incurred for the use of the Clanq Services from your main account. You issue us with a corresponding direct debit mandate upon effective conclusion of these General Terms and Conditions. The direct debit mandate can be cancelled by you at any time. Please note that if you revoke the direct debit mandate, we will no longer be able to provide you with access to your Cornèr bank account via the Clanq app, unless otherwise agreed individually.
5. Communication and change of information
5.1 We are your point of contact for all services offered via the Clanq App. This includes concerns relating to our Clanq Services as well as concerns relating to Cornèr Services. We will forward any communication relating to Cornèr Services to Cornèr without delay and we will also inform you of their response without delay. This applies both to questions and notifications regarding Cornèr’s services under the Cornèr contract and, for example, to cancellation notices in relation to the Cornèr contract. In this respect, we are Cornèr’s messenger and recipient on the basis of our cooperation agreement concluded with Cornèr.
5.2 Our communication with you generally takes place directly via the Clanq app. In individual cases, we may also communicate with you by email, telephone or other written means.
5.3 If something changes in your data stored with us, you are obliged to inform us immediately. You can make some changes yourself in your Clanq user account, otherwise please contact our support team. We reserve the right to verify any changes made by asking you or by checking external sources in order to protect your account against unauthorised access in the best possible way.
6. Data protection
The protection of your data and in particular your personal data is a top priority for us. When handling your data, we naturally comply with all the requirements of the laws and regulations applicable to us. Details on how we handle your data can be found in our privacy policy and that of Cornèr, which you can view here.
7. Obligations of the users
7.1 In order to enable you to use the Clanq Services, we need you to provide us with an e-mail address that you can access at any time. This is the only way we can ensure that we can reach you at any time if necessary, for example to inform you about temporary disruptions or upcoming maintenance work. You therefore undertake to ensure that it is possible to receive emails at any time via the email address you have provided to us.
7.2 In order to use the Clanq App, you must define login details consisting of your e-mail address and a password to be determined by you. You are responsible for keeping your login details secret and protecting them adequately against unauthorised access by third parties. If you store your login data on the mobile phone you use, you must also adequately protect this device against unauthorised access by third parties.
7.3 If you become aware that your Clanq App is being or could be accessed without authorisation (e.g. in the event of theft or loss of your mobile phone on which your login data is stored), you are obliged to inform us immediately (‘without undue delay’). You can contact us in such cases via the following channels
Hotline: +41 43 588 10 22
Email: [email protected] (Monday to Friday 9.00 – 17.00)
7.4 Photos, videos, text messages, GIFs or other content that you upload to the Clanq app must not infringe the rights of third parties or violate any applicable legal provisions. You alone are responsible for any infringements. Clanq reserves the right to remove and irrevocably delete any unauthorised content from the Clanq app.
8. Term and cancellation
8.1 The Clanq contract between you and us is concluded for an indefinite period.
8.2 You are entitled to terminate the Clanq Contract at any time.
8.3 You may terminate the Clanq Contract at any time without observing a notice period. In this case, we will delete your Clanq user account and the content contained therein, such as photos, videos, text messages or GIFs. We will expressly inform you of this measure at the time of cancellation.
8.4 The cancellation modalities in relation to the Cornèr contract are governed by your separate agreement with Cornèr and its General Terms and Conditions. However, we are Cornèr’s messenger and recipient if you wish to cancel your Cornèr contract. You can therefore send the cancellation notice to Cornèr with effect vis-à-vis Cornèr.
9. Limitation of liability
9.1 We shall be liable in accordance with the statutory provisions for damages arising from the services provided to you by us, our employees, our legal representatives or vicarious agents, insofar as we can be accused of a wilful or grossly negligent breach of duty.
9.2 In addition, we shall be liable to you for damages arising from a breach of duty caused by us, our employees, our legal representatives or vicarious agents through simple negligence if the breach of duty is a material contractual obligation (cardinal obligation). A cardinal obligation is a contractual obligation, the fulfilment of which makes the proper execution of the contract concluded between us possible in the first place and on the observance of which you may rely in any case, and the breach of which, from your perspective, jeopardises the achievement of the purpose of the contract.
9.3 Furthermore, we shall also be liable to you in the event of a breach of duty caused by us, our employees, our legal representatives or vicarious agents through simple negligence, insofar as it concerns injury to health, body or life or the non-existence of a guaranteed quality of the agreed service.
10. Applicable law
All legal relationships between the contractual partners and Clanq are subject to Swiss law. The place of fulfilment, place of debt collection and bankruptcy for contractual partners domiciled abroad as well as the exclusive jurisdiction for all proceedings is the place where Clanq’s registered office is located, i.e. Zurich.
However, Clanq reserves the right to sue the contractual partner before the court at the place of his/her domicile or before any other competent court. In any case, the mandatory legal venues remain reserved.
All of the above information has been translated by machine translator from the German language.
