The following provisions apply to communication and the exchange of data by e-mail, SMS or other electronic means of communication (hereinafter “electronic means of communication” or “electronic address”) between the applicant/customer (hereinafter “customer”) and Honda Motorrad Zürich (hereinafter “dealer”) as well as Honda Bank (CA Autofinance) (hereinafter “bank”) within the scope of the customer’s business relationship with the bank (hereinafter “banking relationship”). The customer’s decision to use electronic means of communication applies to all existing and future banking products.
By providing an electronic address and choosing to use electronic means of communication for communicating with the dealer and/or the bank (hereinafter the “choice”), the customer agrees to these provisions. The choice may relate either to e-mail, to SMS or to all available electronic means of communication. The customer may revoke this agreement at any time in writing (by post). The dealer and/or the bank reserve the right to terminate the use of electronic means of communication without giving reasons. The customer will be notified of such termination in an appropriate manner.
E-mails and SMS whose sender address matches the electronic address provided by the customer are deemed to have been written by the customer, unless there has been identity misuse (e.g. through hacker attacks), provided that the customer has complied with the duties of care set out in section 4. Changes to the electronic address must be communicated to the dealer or the bank either in writing, by telephone or in person.
The bank decides which data and information are transmitted to the customer via electronic means of communication. Electronic notifications from the bank replace other forms of notification unless otherwise agreed.
The customer agrees that the bank may send advertising information about offers of the bank, its subsidiaries and third parties to the electronic address provided (e-mail or SMS). The customer may revoke this consent at any time.
The bank draws the customer’s attention to the following risks when using electronic means of communication:
Data is only transmitted over the internet in encrypted form if a secure https connection is established. In many cases (including e-mail), however, communication is unencrypted.
The internet is an open network that is accessible worldwide. E-mails may also be transmitted via servers abroad, which means that the confidentiality of the transmitted data cannot be guaranteed.
E-mails and SMS can be intercepted, forged or falsified by third parties. Sender and recipient can be manipulated.
E-mails and SMS can be deleted, misdirected or damaged as a result of technical faults.
Opening links or attachments in e-mails and SMS can install malicious programs (e.g. viruses, Trojans) on the customer’s devices.
When using electronic means of communication, the customer must in particular observe the following duties of care:
Operating systems and browsers must be updated regularly (in particular security updates).
Appropriate security measures such as firewalls and antivirus programs must be used.
If there is any doubt as to whether an e-mail or SMS actually originates from the bank or the dealer, the customer should not open the message and should contact the bank or the dealer before taking any further action.
In connection with the use of electronic means of communication, the bank is liable only for intent and gross negligence.
Any liability for damage arising from the use of electronic means of communication is excluded by the bank to the extent permitted by law.
The customer accepts the risk that their data could be intercepted or published by third parties when transmitted via unsecured channels. The bank accepts no liability for e-mails purportedly originating from the bank actually having been sent by it, or for their being delivered unaltered, on time and to the correct recipient.
The bank reserves the right to amend the provisions on the use of electronic means of communication at any time. The customer will be notified of amendments in an appropriate manner (e.g. by letter or e-mail); they are deemed accepted if the customer does not raise a written objection within 30 days or continues to use electronic means of communication.
All notifications from the bank are deemed delivered once they have been sent to the address most recently provided by the customer, including the electronic address. The customer is obliged to inform the bank and the dealer of any change to their electronic address without delay.
Should parts of these terms of use be invalid, the validity of the remaining provisions shall remain unaffected. Invalid provisions shall be replaced by provisions that come as close as possible to the original purpose.
In all other respects, the bank’s General Terms and Conditions apply. In the event of any conflict, these provisions take precedence over the General Terms and Conditions. The customer acknowledges the provisions on the place of jurisdiction in the bank’s General Terms and Conditions.