1. About these Terms
These Terms and Conditions ("Terms") govern your access to and use of the website www.acuvera.ch and any related online services (the "Website") operated by Acuvera Consulting GmbH ("Acuvera", "we", "us", "our"). By accessing or using the Website, you agree to be bound by these Terms. If you do not accept them, please do not use the Website. Engagements for paid professional services are governed by a separate written engagement letter, which prevails over these Terms in the event of conflict.
2. About Acuvera
Acuvera Consulting GmbH is a company incorporated in Switzerland, company number CHE-326.713.221, with registered offices in 8852 Altendorf, Canton of Schwyz, Switzerland. We operate in Switzerland, the United Kingdom, South Africa, and Mauritius. Contact: info@acuvera.ch.
3. Definitions
"Content" means all text, graphics, images, logos, audio, video, software, data, and other materials made available on the Website. "User", "you", and "your" mean any person accessing or using the Website. "Services" mean any professional advisory, consulting, or related services we provide under a separate engagement letter.
4. Permitted use of the Website
You may access the Website for lawful, informational, and non-commercial purposes. You agree not to: (a) use the Website in a manner that breaches applicable law; (b) interfere with or disrupt the Website or its infrastructure; (c) attempt to gain unauthorised access to any part of the Website; (d) scrape, harvest, or systematically extract Content; or (e) use any Content for the training or fine-tuning of artificial intelligence or machine learning systems without our prior written consent.
5. Information you submit
When you submit information through the Website, you confirm that it is accurate, complete, and not unlawful, defamatory, infringing, or otherwise inappropriate. You are responsible for ensuring that you have the right to share any information you provide to us.
6. Services and information disclaimer
Content on the Website is provided for general information only. It does not constitute professional, legal, medical, clinical, regulatory, tax, financial, or investment advice, and no client, advisory, or fiduciary relationship is created by your use of the Website. You should obtain appropriate professional advice before acting on any information found here. Any Services we provide are governed exclusively by the corresponding engagement letter.
7. Intellectual property
All Content on the Website, including the Acuvera name, logo, and visual identity, is owned by or licensed to Acuvera and is protected by Swiss, United Kingdom, South African, Mauritian, and international intellectual property laws. You are granted a limited, revocable, non-exclusive, non-transferable licence to access and view the Content for personal, non-commercial use. All other rights are reserved. You may not copy, modify, distribute, publish, transmit, or create derivative works from the Content without our prior written consent.
8. Third-party content and links
The Website may contain links to third-party websites or resources. These links are provided for convenience only. We do not control, endorse, or assume responsibility for any third-party content, products, or services, and your use of them is at your own risk and subject to their own terms.
9. Privacy
Our processing of personal data in connection with the Website is described in our Privacy Policy and Cookie Policy, which form part of these Terms.
10. Confidentiality
Where you share information that is clearly confidential, we will treat it with appropriate care and use it only for the purpose for which it was provided. Submitting information through the Website does not, by itself, create a confidential or professional relationship; for confidential matters, please contact us directly to put suitable arrangements in place.
11. Warranties and disclaimers
The Website and its Content are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we make no warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the Website will be uninterrupted, secure, or free of errors or harmful components.
12. Limitation of liability
To the maximum extent permitted by applicable law, Acuvera, its directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or in connection with your use of the Website or any Content. Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under applicable law, including non-excludable rights under the UK Consumer Rights Act 2015 and the South African Consumer Protection Act 68 of 2008 where they apply.
13. Indemnity
You agree to indemnify and hold harmless Acuvera against all claims, losses, liabilities, and expenses (including reasonable legal fees) arising out of your breach of these Terms or your unlawful use of the Website.
14. Suspension and termination
We may suspend, restrict, or terminate your access to the Website at any time, with or without notice, if we reasonably believe that you are in breach of these Terms or that your use poses a risk to the Website or other users.
15. Force majeure
We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, war, civil unrest, labour disputes, failures of telecommunications or internet infrastructure, cyberattacks, or government action.
16. General
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any provision is not a waiver of that or any other provision. These Terms, together with our Privacy Policy, Cookie Policy, and any applicable engagement letter, constitute the entire agreement between you and us regarding the Website. You may not assign or transfer your rights or obligations under these Terms without our prior written consent; we may assign ours to an affiliate or successor.
17. Governing law and jurisdiction
These Terms and any dispute arising out of or in connection with them are governed and interpreted as follows, depending on the user's place of residence or establishment:
- Users in Switzerland and the European Economic Area: Swiss substantive law applies, and the ordinary courts of the Canton of Zurich, Switzerland, have exclusive jurisdiction.
- Users in the United Kingdom: the laws of England and Wales apply, and the courts of England and Wales have exclusive jurisdiction.
- Users in South Africa: South African law applies, and the High Court of South Africa, Gauteng Division (Johannesburg), has jurisdiction.
- Users in Mauritius: the laws of Mauritius apply, and the courts of Mauritius have jurisdiction.
- Users elsewhere: Swiss law applies and the ordinary courts of the Canton of Zurich have jurisdiction, without prejudice to any mandatory consumer protection rights you may have in your country of residence.
18. Changes to these Terms
We may amend these Terms from time to time. The current version is always available on this page with the date of last update. Your continued use of the Website after changes take effect constitutes acceptance of the revised Terms.
19. Contact
For questions about these Terms, please contact us at info@acuvera.ch.