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Terms of Use

Stand: September 2023

1. Acceptance of the general conditions of use

Access to and use of the website https://de.luko.eu/ (hereinafter referred to as the "Website" or “Luko Website”) and the Luko app (hereinafter referred to as the "App") of Luko Insurance AG with registered office at WeWork, Neue Schönhauser Straße 3-5, 10178 Berlin (hereinafter referred to as "Luko") accessible at the following address as well as the services offered thereunder are subject to the following General Terms of Use.

Any access to and/or use of the Luko Website or the Luko App implies acceptance of and compliance with these Terms of Use. These Terms of Use constitute a contract between Luko and the persons who access the Luko website and register by creating an account on the Luko website or any natural person who accesses the Luko website and surfs there without having created an account (hereinafter referred to as "customer" or "you"). 

Luko reserves the right to change the website or the App as well as the General Terms of Use at any time or to include new additional contractual conditions, in particular by adding additional services to be obtained via this Website. You can view the current version of these General Terms of Use at any time on the Website or App.

If you do not wish to accept these General Terms of Use in whole or in part, or if you do not agree with their content, your only recourse is to terminate your access to or use of the Website and App. 

2. Other terms and conditions 

These General Terms of Use may be supplemented by other terms and conditions associated with the use of the Website and/or the use of the Luko Services (as defined in the following section). 

3. Purpose of the Luko Website

Luko offers through its websites and apps in Europe services related to insurances (the "Services"). 

4. User Account

To open a Luko User Account, you must be of legal age and capacity, own a mobile phone, have an internet connection and be in possession of a valid identification document.

When opening a user account, your personal data is collected and processed, including: 

  • First name and last name
  • E-mail address
  • Postal address
  • Telephone number
  • Date of birth
  • Bank details for premium and claims payments.

By opening the user account, a personal area is created through which you can use the services via the website and/or the Luko App, whereby the respective applicable terms of use (such as the "General Terms and Conditions of Insurance" mentioned above) are relevant. 

Only one user account is permitted per customer.  Please note, however, that there is no legal claim to the use of the user account. Luko may, in particular, refuse to open a user account or deactivate an existing user account in the event of suspected untrue user information or breaches of contractual and fiduciary duties. 

You can delete your user account at any time by accessing the "Personal Area" of your user account. 

5. Marketing Messages

Luko user account users receive notifications about Luko's product and service offerings (marketing communications). We only send marketing messages that are directly related to the services offered by Luko. This is done on the basis of the legitimate interest (Art. 6 para. 1 lit. f DSGVO) of Luko to keep its customers and account users informed about the expanding range of products and services.

6. Warranty

Luko makes no representations, warranties or guarantees (express or implied) to you, including those as to the quality and fitness for a particular purpose of the Services, unless otherwise expressly stated in the terms and conditions of the Services offered via the website (e.g. in the "General Terms and Conditions of Insurance").

7. Intellectual Property

Luko is the owner or, as the case may be, the holder of the corresponding licences to all industrial and intellectual property rights of this website, including its contents, computer programs and underlying databases (including source and object code), its graphic design (look and feel) as well as all other elements (images, photographs, graphics, trademarks, icons, software, texts, drawings and other sound and/or audiovisual contents, including their graphic designs and source codes, etc.) (hereinafter "Contents"). The trademarks and logos appearing on the Luko Website are registered and protected trademarks of Luko or have been licensed to Luko.

Accessing, browsing and/or using the Website or the App does not imply that Luko transfers any intellectual or industrial property rights to the Customer. Therefore, except as required by law or with Luko's prior permission, any reproduction, transformation, distribution, public disclosure, making available, extraction and/or reuse, in whole or in part, of the Website or the App, including its contents, databases and/or Luko's or any other third party's distinctive signs contained in the Website or the App, is strictly prohibited where such operation clearly goes beyond a normal and private use thereof. 

Luko reserves the right to take appropriate legal action against customers who infringe or violate Luko's intellectual and/or industrial property rights. 

7.1 Licensing of Content uploaded by you to the Website or App

In the event that you post content via the Website or the App, you automatically grant Luko a licence to use such content for the purpose of administering the Website and/or the App worldwide and for as long as necessary to administer your Account.

You further agree not to upload to the Website or the App any content that infringes any third party rights and/or that may be the subject of claims for infringement of such rights.

You indemnify Luko against all claims of any nature whatsoever which may arise from content uploaded by you to the Website or the App, whether on the grounds of intellectual property rights, image rights or unfair competition, and undertake to reimburse Luko for any sums which it has been obliged to pay as a result of the infringement.

8. Rights and Obligations of Luko

Luko will use its best endeavours to ensure the proper functioning of the Website and the App and the Services contained in both under these General Terms of Use.

8.1 Access to the Luko Website and/or App

The Website and/or the App are in principle accessible 24 hours a day, 7 days a week, but Luko disclaims any liability, in particular in the following cases:

  • In case of interruption of the operation of the Website and/or the App for technical maintenance or to update the published information.
  • In case of temporary inability to access the Website and/or the App due to technical problems, regardless of their origin and cause.
  • In the event of unavailability or congestion or any other cause preventing the normal operation of the network used to access the Website and/or the App.
  • In the event of contamination by possible computer viruses circulating on the network.
  • More generally, in the event of direct or indirect damage, of whatever nature, suffered by the Client as a result of accessing or using the Website and/or the App.
  • In the event of misuse or unlawful use of the website and/or the app.
  • In the event of loss of the user name and/or password of the user account by the customer or in the event of identity theft.

8.2 Content posted by you on the Luko Website and/or App.

In the event that you post content on the Website and/or App, you understand that such content is posted under your sole responsibility (specific comments on the Website, reviews, etc.).

As Luko does not control or verify the content that may be published by its customers, Luko is not responsible for content that is unlawful, immoral or in violation of the rights of third parties, in particular infringement of intellectual property or in the processing of personal data.

Luko is not responsible for direct communication or exchange between customers on the website and/or the app.

Luko is not responsible for the content that appears on the Website and/or is sent from the Website by third parties. 

8.3 Public Content on the Luko Website and App

Although Luko takes the utmost care in creating and updating the Website and App, Luko does not warrant or guarantee, expressly or impliedly, the accuracy of the information contained therein or such information provided to Customers.

Consequently, Luko cannot be held liable for any direct or indirect damage resulting from errors, inaccuracies or omissions in the information contained on the website or in the information sent to clients. Please notify Luko immediately by emailing dpo@luko-insurance.com as soon as you become aware of any illegal or unlawful content on the Website and/or App so that Luko can take appropriate action. The report must contain the following information:

  • Your identification details and contact details or your legal representative.
  • Documentation proving that you are the owner of the allegedly infringed rights.
  • A detailed description of the rights allegedly infringed by the website, the app or, where applicable, by the websites of third parties linked to the website or the app, as well as their exact position within the website or the app.
  • An express statement that the use of the content was made without the consent of the owner of the allegedly infringed rights. If you believe that the Website, the App or any of its Content is unlawful or infringes the rights of any third party, you may notify Luko in writing at the following email address dpo@luko-insurance.com.

8.4 Force Majeure

Luko shall not be liable if the cause of the delay or non-performance of its obligations is due to force majeure as defined by the jurisdiction of the German courts, including interruption, suspension, reduction or disruption of power supply or other or interruption of electronic communication networks or due to events beyond Luko's control.

8.5 Accuracy of information provided by you

You declare that all information provided is true, accurate and up-to-date. You are therefore responsible for any consequences arising from the provision of false, inaccurate or outdated information and Luko is exempt from any liability in this regard.

8.6 Disclaimer

The exclusion of liability in this clause 8 shall not apply to the following cases:

  • Luko shall be liable without limitation for damages due to injury to life, body or health if such injury was caused by a negligent or intentional breach of duty by Luko, its legal representatives or vicarious agents.
  • Luko shall be liable without limitation for injuries and damages to other legal assets if the injury or damage is caused by a grossly negligent or intentional breach of duty by Luko, its legal representatives or vicarious agents.
  • Liability for injury and damage to other legal assets shall also exist if it concerns an obligation the proper fulfilment of which serves the proper execution of the contract and on the observance of which the other party may regularly rely (so-called cardinal obligations).
  • The exclusion of liability in this clause 8 also does not extend to claims arising from product liability or claims arising from the Insurance Contract Act.

9. Your Rights and Duties

9.1 Responsibility

You are solely responsible for your use of the Website and the App.

You are responsible for the information you provide on the website and/or in the app. 

In the event of misuse or unlawful use of the Website and/or the App by you, you shall be liable for the damages incurred by third parties and for the consequences of any claims or actions arising therefrom.

You also agree to comply with all applicable regulations when using the Website and the App.

9.2 Content

You agree not to use the Website and/or the Luko App for the following purposes:

  • Post, transmit, share, store or make available to others any content that is contrary to public policy, harmful, threatening, unlawful, defamatory, unauthorised, abusive, offensive, malicious, vulgar, obscene, fraudulent, invasive of privacy or image rights, inciting hatred, violence, racial or ethnic hatred or otherwise objectionable;
  • Create multiple accounts or impersonating another person;
  • Transmit any material that contains software viruses or malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or electronic communication;
  • Publish, transmit, share, store or make available any content that constitutes or encourages the commission of any offence or provides instructions for the commission of any offence, that may infringe the rights of or give rise to the liability of any third party, or that violates any local, national or international law;
  • Use any computer program or manual process to copy our Sites or to record or collect any information on these Sites without Luko's prior written consent.
  • You will be liable for any damages incurred by Luko, its agents and/or employees as a result of any breach of your obligations under these Terms of Service or applicable law in connection with your use of the Site and/or the App.

9.3 Access and Security

It is your responsibility to take all appropriate measures to protect your data and/or software stored on its mobile devices or computers from attack.

You have the right to access your data stored on the Website and App and any other information relating to you free of charge. 

The use of the services of the Website and/or the App requires the opening of an account, which includes the indication of a user name and the choice of a password. The password is personal and confidential. You are solely responsible for it. You agree not to disclose either to third parties and to take all necessary precautions to prevent access by third parties.

You undertake to inform Luko immediately in case of loss or misuse of your password.

Luko is entitled to assume that any connection or transmission of orders or data made with the password originates from you, unless Luko has knowledge to the contrary.

9.4 Your personal data

Your personal data may be processed by Luko when you access or use the Website and/or the App. This processing of personal data is carried out in accordance with the provisions of the Privacy Policy available on the Website and in accordance with sections 10 and 14 below.

10. Special Conditions for the Use of Third Party Platforms and Tools.

In addition to these General Terms of Use, you agree to comply with the General Terms of Use of the access platforms to the Luko Website and the Luko App in the form of mobile applications, as well as the third-party tools used by the Luko Website and/or the Luko App.

Your use of these third-party platforms and tools involves the collection and processing of personal data for which Luko shall not be considered a data controller within the meaning of the General Data Protection Regulation ("GDPR") and the relevant national data protection laws and regulations.

10.1 App Store

Customers accessing the Website or Luko Application via the App Store declare in advance that they have accepted and will comply with the Apple Media Terms and Conditions as most recently updated.

The Apple Media Terms and Conditions can be found at :

https://www.apple.com/es/legal/internet-services/terms/site.html

10.2 Google Play

Customers accessing the Luko application or the Luko website via Google Play declare that they have accepted and will comply with the Google Play Terms of Use as most recently updated.

The Google Play Terms of Use can be found at:

https://play.google.com/intl/es_es/about/play-terms/

10.3 Online payment services 

In the event that you use any of the Services that require online payment via the Website or the App, Luko may use providers such as Stripe or Gocardless. For this purpose, Luko will need to transfer some of your personal data to these providers.

Luko may collect and transmit the following data about the customer:

  • Customer data (name, address, payment information, date of registration).
  • Any other documents or information related to the legal obligations to combat money laundering and terrorist financing.

Luko undertakes to protect the confidentiality of personal data. Stripe's terms and conditions and privacy policy can be found at: https://stripe.com/es/privacy.

Stripe Ltd is authorised by the Financial Conduct Authority (FCA) as a payment institution under the Payment Services Regulations 2009. The FCA reference is FRN 580343.

The terms of use and privacy policy of GoCardless can be found at: https://gocardless.com/de-de/rechtliches/.

GoCardless Ltd. (company registration number 834 422 180, R.C.S. PARIS) is authorised by the ACPR (Autorité de supervision prudentielle et de résolution), bank identification number (CIB) 17118, to provide payment services.

11. Links to the Website and Third-Party Websites 

Luko may include links on the Website that allow you to access third party websites or applications. Luko shall not be liable in accordance with the relevant legal provisions for the services and content offered via such third-party websites, unless Luko has actual knowledge of the illegality and has not deactivated the link on the basis of due diligence. 

The insertion of hypertext links to all or part of the Website is also permitted, on a non-exclusive basis and revocable at any time without cause, provided however that any such link does not create a false, misleading, derogatory or prejudicial character for the Luko Website.

According to the foregoing, Luko reserves the right to object to the use of the link.

12. Ineffectiveness of Individual Clauses

Should individual clauses of these General Terms and Conditions of Use be declared void, invalid or unenforceable for any reason, the remaining clauses shall remain in full force and effect and be applicable. The clauses declared null and void shall then be replaced, at Luko's discretion, by the clauses which come closest to the content and meaning of the annulled clause.

13. Applicable Law and Jurisdiction

The General Terms of Use are written in German. The German text shall take precedence over translations in other languages.

These General Terms and Conditions of Use shall be governed exclusively by German law to the exclusion of international private law.

14. Customer Relations and Complaint Management

14.1 General Use of the Service

Luko's customer support can be reached via the chat of your myLuko area and via the social networks.

Advisors are available Monday to Friday during business hours. Customer service is dedicated to answering questions related to the Website, Luko's services and complaint management.

14.2 Use of data

Once you use Luko Chat, Luko may process your personal data in the following ways:

In the event of a claim, the information submitted via Luko Chat will be used by Luko to process claims. This information will be transmitted to the risk carrier (insurer) of the respective contract concluded between the customer and Luko and, if the processing has been delegated to a third party defined in the contract, also to this third party.