AGB - General Terms and Conditions
General Terms and Conditions (GTC) for the nextsure platform
1. Scope of application
1.1 These General Terms and Conditions (GTC) apply to all contracts and services provided via the online platform nextsure (hereinafter “platform” or “nextsure”). The providing parties are iMatch GmbH, Großer Burstah 50–52, 20457 Hamburg, and SCAILE Technologies GmbH, Jungfrauenthal 8, 20149 Hamburg (hereinafter jointly referred to as “providers” or “parties”) under the brand nextsure.
1.2 Deviating, conflicting or supplementary conditions of the user do not become part of the contract unless the providers have explicitly agreed to their applicability in writing.
2. Definitions
2.1 nextsure: Joint brand and platform of iMatch GmbH and SCAILE Technologies GmbH for the digital brokerage of insurance and (to a limited extent) financing products.
2.2 Sales partner: A licensed third party (e.g. insurance company, insurance broker or agent) that offers insurance or financial products via the platform.
2.3 Application process: The technical, interactive online tool (form, questionnaire, lead form, etc.) through which the customer enters data in order to receive a specific insurance or financing offer or to initiate an application.
2.4 Lead: The electronic transmission of customer data to a sales partner with the intention of concluding a contract.
3. Scope of services, subject matter of the contract
3.1 The nextsure platform provides the following services in particular:
- Display and comparison of theme-specific insurance products (e.g. liability, motor vehicle, household, legal protection) and selected financing offers,
- Provision of online application processes provided by licensed sales partners (pursuant to § 34d GewO),
- Technical implementation and editorial maintenance of the content by SCAILE Technologies GmbH as well as hosting and operation of the portals,
- Lead referral to licensed sales partners, where the actual advice and contract execution take place.
3.2 iMatch GmbH acts towards end customers as a registered multiple intermediary (§ 34d GewO) and as the service provider named in the imprint, while SCAILE Technologies GmbH is named as the editorial service provider in all imprints.
3.3 The platform itself does not provide any independent insurance or financial advice; the actual brokerage and advice are carried out exclusively by the respective licensed sales partner.
4. Conclusion of contract
4.1 The insurance and financing offers presented on nextsure do not constitute a binding offer but an invitation to the customer to submit an offer.
4.2 By completing the application process and clicking the button “Request offer” or “Submit application”, the customer makes a binding contractual offer for the provision of lead referral to a sales partner.
4.3 The offer is accepted when the data entered by the customer is automatically transmitted to the respective sales partner and the customer promptly receives a confirmation (lead confirmation) by email. This email contains binding information about the responsible sales partner, their contact details and guidance on the further process.
4.4 No separate written contract is concluded. The content of the contract comprises the GTC, the scope of services described in the respective application process, and supplementary information linked in the application process or on the platform (e.g. data protection notices).
5. Customer obligations
5.1 The customer undertakes to provide truthful and complete information when using the application processes. In the event of incorrect or incomplete information, the providers’ or sales partner’s obligation to perform lapses; leads can be cancelled or withdrawn.
5.2 The customer must ensure that all consents of third parties required under data protection law (e.g. spouses, family members) are obtained if their data is provided in the application process.
5.3 The customer is obliged to retain all information received by email (e.g. advisory documents, data protection notices) and to print it out if necessary.
6. Remuneration, commission policy
6.1 Use of the nextsure platform is generally free of charge for the customer, unless costs for certain additional services (e.g. paid advisory products) are explicitly stated in the respective application process.
6.2 The providers receive their remuneration exclusively in the form of commissions, brokerage fees or other compensation paid by the respective sales partners (licensors, insurers). The customer does not pay any direct fees to iMatch or SCAILE.
6.3 Any examination or processing fees (e.g. for credit inquiries), should they arise, are disclosed transparently in the respective application process.
6.4 Internal agreements on the distribution of proceeds between iMatch and SCAILE are not part of this document and are governed by a separate contractual relationship.
7. Service changes, technical availability
7.1 The providers reserve the right to change functions and service content of the platform in whole or in part after prior announcement, provided the changes are reasonable for the customer and the core purpose (comparison and lead referral) remains intact.
7.2 Planned maintenance windows or temporary technical restrictions are announced on nextsure or by email to registered customers. The providers’ liability for short-term technical failures is excluded if they are due to force majeure, hacker attacks or disruptions at hosting partners.
8. Right of withdrawal
8.1 Insofar as the contract with the respective sales partner is a consumer contract, consumers are entitled to a statutory right of withdrawal in accordance with §§ 355 et seq. BGB.
8.2 The withdrawal period is generally 14 days from the conclusion of the contract with the sales partner. Further information and a sample withdrawal form are contained in the sales partner’s contractual documents valid at the time the contract is concluded.
8.3 There is no right of withdrawal for services provided purely electronically that have begun with the express consent of the customer and acknowledgment of the loss of the right of withdrawal before the withdrawal period expires (§ 312g Abs. 2 Nr. 9 BGB), for example when the customer gives binding consent by digital conclusion immediately after receiving the offer documents.
9. Liability
9.1 The providers are liable without limitation in accordance with statutory provisions for damages arising from injury to life, body or health based on an intentional or grossly negligent breach of duty by a representative or vicarious agent.
9.2 For other damages, the providers are only liable in cases of intent and gross negligence.
9.3 In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the providers’ liability is limited to the typical, foreseeable damage for this type of contract.
9.4 The limitations of liability do not apply to claims arising from product liability, fraudulently concealed defects or guarantees, nor to damages arising from injury to life, body or health.
9.5 Liability under the German Product Liability Act (ProdHaftG) remains unaffected.
10. Data protection
10.1 The providers process the customer’s personal data on the basis of the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). More detailed information about the scope of data processing, the rights of data subjects and the transfer of data to sales partners can be found in the separate privacy policy at www.nextsure.de/en/legal/privacy-policy.
10.2 By agreeing to the transmission of data in the application process, the customer explicitly consents to their personal data being transmitted to the respective sales partners for the purpose of preparing offers, executing contracts and processing.
10.3 The providers have appointed a data protection officer.
11. Duration and termination
11.1 Contracts without a fixed term between the customer and the providers can be terminated at any time without notice by the customer discontinuing use of the platform.
11.2 If there is already an ongoing contract between the customer and a sales partner (e.g. an insurance contract), termination is governed by the general insurance conditions or the terms and conditions of the respective sales partner.
11.3 The right of both parties to extraordinary termination for good cause remains unaffected. Good cause exists in particular if the customer violates essential obligations (e.g. false information, violation of data protection provisions) and does not remedy this breach within a reasonable period after a written warning.
12. Final provisions
12.1 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one that comes closest to its economic purpose.
12.2 The place of performance and exclusive place of jurisdiction for all disputes arising from this contractual relationship is, as far as legally permissible, Hamburg.
12.3 German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12.4 Amendments or supplements to these GTC must be made in writing. This also applies to any waiver of this written-form requirement.