These terms govern the use of HypoPlus AG (HypoPlus) mortgage brokering services by private individuals (users). Upon their acceptance, they are deemed to represent a binding agreement concluded between the parties. The agreement shall be concluded separately for each mortgage enquiry.
HypoPlus with registered head office in Zurich is an affiliated company of comparis.ch AG (comparis.ch) offering its customers mortgage brokering services in Switzerland.
Financing requests can be submitted exclusively with respect to real estate located in Switzerland and by the owners of such real estate or their authorised agents. HypoPlus does not provide any guarantees that one or several suppliers will be prepared to offer financing for all properties that are subject of a financing request. Users are not entitled to any offers.
In the context of its services, HypoPlus makes financing requests recorded by users accessible to the suppliers available at HypoPlus that have been selected by the users and invites such suppliers to submit offers. For this purpose, HypoPlus discloses the users' information and passes the users' financing requests on to the suppliers. Typically, HypoPlus has thus fulfilled its obligations under this agreement.
Financing requests are only checked in terms of their formal aspects and not their material aspects. In particular, HypoPlus does not conduct any checks of the users' creditworthiness and credit standing (feasibility). The affiliated suppliers are responsible for the further processing of the financing requests; after the transmission of their offers to the users, any further communication usually takes place directly between the suppliers and the users. However, suppliers and HypoPlus may communicate at any time with respect to a user's mortgage transaction. Any mortgage agreements are concluded exclusively between the user and the supplier. Offers are subject to time limits. HypoPlus is not responsible for offers, their correctness, continued applicability, appropriateness or market conformity. Nor does HypoPlus check the offers or provide any guarantees in this respect. Any questions should be addressed directly to the respective supplier. Suppliers may require further documents or information or attach conditions to the conclusion of a mortgage agreement.
HypoPlus organises and operates its services at its own discretion and may change the services, processes and contractual terms, or suspend its services, at any time.
Remuneration of HypoPlus
Users take note of and agree to the fact that HypoPlus receives compensation from the suppliers to which HypoPlus submits users' financing requests and may use this compensation for its own purposes. At present, the compensation amounts to 0.1% to max 2.0 % of the mortgage volume and constitutes a component of the financing of HypoPlus' services. Users waive any claims to this compensation even in cases whereby the compensation represents a brokerage fee in legal terms and permit HypoPlus to change its agreements with suppliers at will.
Our consulting services are essentially provided free of charge to users. Costs incurred in connection with the authorisation to obtain information from third parties (third-party charges e.g. extracts from debt enforcement registers, land register extracts) are not charged to users either. However, if no contract is concluded with HypoPlus, HypoPlus will invoice the user for these third-party charges.
Once the consulting process is concluded to the satisfaction of all parties, the user agrees to confirm acceptance of the financing conditions in writing. If the user withdraws from the agreement after signing this written confirmation of financing conditions, HypoPlus is entitled to charge compensation of 0.5% of the mortgage amount or a minimum of CHF 2,000.
Data processing, data protection
As regards the users' data, the HypoPlus data privacy statement valid at the time of the conclusion of this agreement shall be deemed to have been agreed between the user and HypoPlus. The statement also governs the transmission to and exchange of data with the suppliers and comparis.ch.
Recording of telephone calls
Consultations with HypoPlus provided by telephone are recorded and archived. In the event of a dispute, the recordings can be used as evidence and, if necessary, presented as evidence in court. In addition, selected recordings may be used for training purposes.
HypoPlus does not broker any loans to finance transactions involving financial instruments within the meaning of Article 3 letter a FinSA. Accordingly, HypoPlus does not perform any financial services within the meaning of Article 3 letter c FinSA and is not bound by the regulatory requirements for financial service providers defined in said act.
No binding offer
The information published by HypoPlus is non-binding and does not represent a financing offer made either by HypoPlus or the above-mentioned suppliers. The information neither represents a recommendation nor an incitement to conclude a mortgage agreement or any other transaction. Mortgage agreements are associated with risks. The financial burden arising from mortgages may rise or fall. Past financial burdens are no reliable guarantee of future financial burdens. HypoPlus does not offer any advisory services in this field.
Copyrights/use of the website
All information and content published under the Internet address www.hypoplus.ch, in the context of the HypoPlus presence at www.comparis.ch or otherwise, especially price and service comparisons of mortgages, as well as corresponding presentations, designs and software are protected by copyright for HypoPlus and comparis.ch. HypoPlus and comparis.ch explicitly reserve all corresponding rights. No rights regarding software or other elements of the content of the Internet addresses www.hypoplus.ch or comparis.ch or available otherwise via HypoPlus services will be transferred to yourself by copying, using or downloading information. This also applies to the names HYPOPLUS or COMPARIS, which are registered trademarks.
Users commit themselves not to utilise information provided by HypoPlus in any shape or form for anything other than the original purpose. In particular, users will refrain from copying, publishing or otherwise reproducing accessible data in any form, including the Internet.
No assumption of guarantees by HypoPlus
HypoPlus makes every effort to ensure that all information presented on its site is up to date and correct. However, HypoPlus cannot explicitly or implicitly assure or guarantee that the information is accurate, reliable and complete. HypoPlus expressly reserves the right to change the published information at any time and to deny public access to its information.
HypoPlus also excludes all guarantees with respect to its offers, work results and services. HypoPlus does not guarantee availability without interruption, for a certain period of time or in a particular manner. Users avail themselves of the services offered by HypoPlus and the information contained therein at their own risk. This also applies to the services provided by the individual suppliers.
Other websites can be reached from the HypoPlus website via links inserted by HypoPlus. HypoPlus does not assume any responsibility or liability for these websites and their contents.
Correctness of the information, authorisation, misuse
HypoPlus excludes any liability to the extent permitted, including liability in the case of negligence. In particular, HypoPlus is not liable for any vicarious agents, direct or indirect damage (including subsequent damage), loss of data or delays. This also applies in cases whereby HypoPlus has been made aware of the possibility of such damage.
Zurich, 28 January 2021