Terms of service.
Last Updated: 05.11.2024
Introduction
Welcome to EverFit. These Terms of Service (“Terms”) govern your use of “ever-fit.ch”, including all associated services, content, features, and functionality. By accessing or using our Website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Website.
1. Eligibility
By using this Website, you represent that you are at least 18 years of age or that you are using the Website under the supervision of a parent or legal guardian.
2. Account Registration
You may be required to create an account to access certain features of the Website. You are responsible for maintaining the confidentiality of your account details and for all activities that occur under your account. Please notify us immediately if you suspect unauthorized use of your account.
3. Use of Website
You agree to use the Website only for lawful purposes and in compliance with these Terms. You may not:
Violate any applicable laws or regulations;
Engage in any activity that could harm or disrupt the Website, other users, or the underlying network;
Reproduce, duplicate, copy, sell, or resell any part of the Website without our prior written permission.
4. Intellectual Property Rights
All content on this Website, including but not limited to text, graphics, logos, images, audio clips, videos, and software, is the property of EverFit or its licensors and is protected by intellectual property laws. You may not use our content for any commercial purpose without obtaining written consent.
5. Product and Service Descriptions
We strive to be as accurate as possible with descriptions of products and services. However, we do not guarantee that descriptions, images, pricing, or other content is error-free, current, or complete.
6. Payments and Billing
When you purchase products or services through the Website, you agree to provide accurate and complete billing information. All prices are listed in CHF,- unless otherwise stated. We reserve the right to cancel orders if we believe there has been fraudulent activity or in cases where pricing errors occur.
7. Subscriptions and Cancellations
If you purchase a subscription-based service, the terms for renewal, cancellation, and refund policy will be provided at the point of sale.
8. Refunds
Refunds for products or services will be handled in accordance with our Refund Policy:
No refunds will be issued unless the client provides a valid medical reason supported by a doctor’s note. The remaining session package may be transferred once, as a whole, to a single individual. The original expiration date remains unchanged, and individual sessions cannot be transferred separately.
9. Limitation of Liability
To the fullest extent permitted by law, “ever-fit.ch” and its affiliates, directors, employees, and agents shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to lost profits, data loss, or goodwill, arising from your use of the Website or reliance on any content.
10. Indemnification
You agree to indemnify, defend, and hold harmless “ever-fit.ch”, its affiliates, and their respective directors, officers, employees, and agents from any claims, liabilities, damages, losses, or expenses arising from your violation of these Terms or misuse of the Website.
11. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Switzerland. Any disputes arising from or relating to these Terms or your use of the Website shall be resolved in the courts of Switzerland.
12. Termination
We reserve the right to terminate or suspend your access to the Website at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.
13. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by updating the "Last Updated" date at the top of this document. Your continued use of the Website after any changes are posted constitutes your acceptance of the revised Terms.
14. Additional Terms for EU Users
If you are an EU resident, please note that:
You have rights under the GDPR, including the rights of access, rectification, erasure, restriction, data portability, and objection. Details on how we collect, use, and share personal data are outlined in our Privacy Policy.
In case of any dispute, you may have the right to file a complaint with the data protection authority in your country.
15. Contact Information
If you have any questions or concerns regarding these Terms, please contact us at:
Zugerstrasse 2, 8820 Wädenswil