Terms & Conditions

everwise LLC (“everwise”, “we”, “us”) is a company incorporated under the laws of Switzerland under number CHE-401.518.460 and having its registered office at Route d’Arnier 14, 1092 Belmont-sur-Lausanne, Switzerland.

“You” means any natural or legal person accessing and/or using this website and/or interacting with everwise, using an everwise digital platform/medium.

Please read these Terms and Conditions contained in this document carefully since any use of this website and any interaction between you and everwise, on an everwise digital platform/medium constitutes your acceptance of the Terms and Conditions set out herein

Privacy Notice

everwise strives to comply with applicable laws on privacy. Our Privacy Notice provides detailed information on what personal data we collect, how we use it and your rights concerning our processing of your data.
Any personal information or material sent to the everwise website/digital platform are subject to the terms and conditions set out in the Privacy Notice (please read carefully the Privacy Notice which also applies).

Accuracy, completeness and timeliness of information

Whilst we use all reasonable attempts to ensure the accuracy and completeness of information that we provide on this website, we are not responsible if the information that we make available on this website is not accurate or complete. Any reliance upon the material on this website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this website.

Intellectual property rights

All copyright, trademarks and other intellectual property rights in all text, images and other materials on this website are the property of the everwise or are included with the permission of the relevant owner.
The trademarks, logos, characters and service marks (collectively “Trademarks”) displayed on this website belong to everwise LLC. Nothing contained on this website should be construed as granting any license or right to use any Trademark displayed on this website. Your use/misuse of the Trademarks displayed on this website, or on any other content on this website, except as provided for in these Terms and Conditions, is strictly prohibited. You are also advised that everwise will vigourously enforce its intellectual property rights to the fullest extent of the law.

Links to other websites

Links may take you outside the everwise website and/or digital platform, and everwise accepts no responsibility for the content, accuracy or function of these other third-party websites. The links are provided in good faith and everwise cannot be held responsible for any subsequent change in other third-party websites to which we provide a link. The inclusion of any link to other websites does not imply endorsement by the everwise. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.

Availability, Viruses and Attacks

everwise endeavours, through active maintenance, to ensure that its website and digital platforms remain available, bug-free and error-free, but the need for planned and emergency maintenance and the nature of software development mean that no absolute guarantee can be given. We may from time to time withdraw services and replace them with others. We also have the right to restrict, suspend or terminate without notice your access to this website or any feature of this website or any feature or part thereof at any time. everwise adopts industry-standard measures to minimise the risk of attacks, viruses, other harmful code and hackers. Given that our platform exists to permit the contribution of content, and given the constant efforts of those with ill intent, we can not guarantee that the website, or links posted by users, will be free from third-party viruses and other malicious third-party software or that we will always be successful in preventing attacks from succeeding. We will continue in our efforts both to prevent such occurrences and to minimise their impact on us and on our users.

Liability

everwise and/or any other party involved in the creating, producing or delivering this site on our behalf shall have no liability or any responsibility whatsoever for any direct and indirect damages, costs, losses or liabilities whatsoever and howsoever arising out of your access to, use, inability to use, change in content of this website or arising from any other website you access through a link from this website or to the extent permitted by applicable law, from any actions we take or fail to take as a result of any electronic mail messages you send us. everwise and/or any other party involved in the creating, producing or delivering this website shall have no responsibility to maintain the material and services made available on this website or to supply any corrections, updates, or releases in connection therewith. Any material on this website is subject to change without notice. Further, everwise shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this website. If you choose to download material from this website you do so at your own risk. To the maximum extent permitted by applicable law, you expressly waive all claims against everwise, its officers, directors, employees, suppliers and programmers that may arise from your use or access of this website.

House rules and authorised activities

You are prohibited from doing any act that everwise in its absolute discretion may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this website including but not limited to:

  • Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual’s consent) or any other of the legal rights of individuals;
  • Posting or transmitting content promoting hatred or violence or denigrate any person, group of people or set of beliefs, or provide any link to any such material;
  • Using this website to defame or libel everwise, its employees or other individuals or legal entities, or acting in such a way that brings into disrepute the good name of the above-mentioned individuals and legal entities;
  • Disclosing of confidential information, including personal data of others, without the consent of the owner of that information or data
  • Uploading files that contain viruses that may cause damage to the property of everwise or the property of other individuals; and
  • Posting or transmitting to this website any non-authorised material including but not limited to material that is in our opinion likely to cause annoyance, detrimental to or in violation of everwise or third party´s systems or network security, defamatory, racist, obscene, threatening, pornographic or otherwise unlawful.
  • If you believe any content breaches any of these requirements, please contact us at compliance@everwise.ch.

DISCLAIMER OF WARRANTIES

YOUR USE OF EVERWISE WEBSITES OR ANY WEBSITE TO WHICH THEY ARE LINKED IS AT YOUR SOLE RISK. EVERWISE WEBSITES, DIGITAL PLATFORMS/MEDIUM AND THEIR CONTENT ARE PROVIDED FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. EVERWISE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO EVERWISE WEBSITES, THEIR AVAILABILITY OR THEIR CONTENTS AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT RELATING TO THE EVERWISE WEBSITES, THEIR CONTENT OR ANY WEBSITE TO WHICH THEY ARE LINKED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVERWISE OR THROUGH OR FROM ANY EVERWISE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS FOR WEBSITE USE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EVERWISE STRONGLY RECOMMENDS THAT YOU INDEPENDENTLY VERIFY ANY INFORMATION UPON WHICH YOU CHOOSE TO RELY.

LIMITATION OF LIABILITY

IN NO EVENT SHALL EVERWISE OR ITS LICENSEES, EMPLOYEES, AGENTS, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL LOSS, DAMAGES FOR LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, CLAIMS OF THIRD PARTIES, OR ANY OTHER LOSS, COST, CLAIM OR EXPENSE OF ANY KIND OR CHARACTER ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY EVERWISE WEBSITE, ITS CONTENT OR ANY WEBSITE TO OR FROM WHICH ANY LINKS MAY BE ESTABLISHED. NOTHING IN THESE TERMS AND CONDITIONS FOR SHALL LIMIT OR EXCLUDE, OR BE INTERPRETED AS INTENDING TO LIMIT OR EXCLUDE, EVERWISE’S LIABILITY FOR GROSS NEGLIGENCE (AS DEFINED UNDER SWISS LAW) OR FOR DELIBERATE WRONGDOING, OR FOR ANY OTHER MATTER FOR WHICH, UNDER ANY APPLICABLE LAW, LIABILITY CANNOT BE LIMITED OR EXCLUDED.

Amendment of these Terms and Conditions

These terms and Conditions will be amended from time to time. Amendments will be communicated in the manner(s) appearing most appropriate to everwise. You should visit our websites regularly to ensure you are informed of changes.

Governing Law and Jurisdiction

Your agreement with everwise, including these Terms and Conditions all other matters referred to above, is governed exclusively by the laws of Switzerland. You and everwise agree to seek in good faith to resolve any disputes through good-faith discussion, negotiation and mediation before resorting to litigation. Any dispute not so resolved shall be subject to the exclusive jurisdiction of the courts of the Canton of Vaud, Switzerland.

everwise LLC
September 2022