TERMS OF SERVICE
Thank you for your interest in the Ever application for your mobile device (the "App") provided to you by EVER CO. LTD ("EVER" "us" or "we"), and our web site at Ever.co (the "Site"), as well as all related web sites, networks, downloadable software, and other services provided by us and on which a link to this Terms of Service is displayed (collectively, together with the Apps and Site, our "Service").
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY.
BY DOWNLOADING, INSTALLING, OR OTHERWISE BY ACCESSING OR USING OUR SITES, MOBILE APPLICATIONS AND OUR SERVICES, YOU HEREBY AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE.
IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE OR OUR MOBILE APPS.
IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES, MOBILE APPS OR OUR SERVICES.
THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 11/06/2016.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with EVER CO. LTD, also known as EVER, located at HaAtsmaut 38/3, Ashdod 77452, Israel and our subsidiaries and affiliates, in association with the use of the EVER website and mobile apps, which includes Ever.co, (the "Site") and its Services, EVER Applications (the “Apps”) and its Services.
Your use of the EVER Services may be subject to separate third party terms of service and fees, including without limitation your mobile network operator’s terms of service and fees, including fees charged for data usage, messaging and overage, which are your sole responsibility.
DESCRIPTION OF SERVICES OFFERED
EVER provides a mobile apps and web-based technology platform (the "Platform", "Marketplace") that connects consumers (the "Customers"), retail stores, and restaurants (together referenced as "Merchants"), with third party independent contractors and third party independent contractors under agreement with EVER and certain of EVER's affiliates (together referenced as "Couriers"). The Platform provides order placement services for Customers and allows them to view, discuss, and place orders for food, beverages and goods, and pick-up and / or delivery services in connection therewith, with Merchants and Restaurants. The platform allows Carriers to facilitate on-demand same day delivery services for food, merchandise, goods and beverages.
Through the Platform consumers may request that food, merchandise, goods or beverages, be delivered to them from particular retail locations, stores or restaurants (Merchants). Couriers can access the Platform and receive delivery opportunities.
EVER IS NOT A RETAIL STORE, MERCHANT OF FOOD OR BEVERAGES, RESTAURANT, FOOD PICKUP AND / OR DELIVERY SERVICE, MERCHANDISE DELIVERY SERVICE, OR FOOD PREPARATION ENTITY. YOU ACKNOWLEDGE THAT EVER DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND EVER DOES NOT PROVIDE DELIVERY SERVICES AND DOES NOT CONTROL THE RESTAURANTS OR THE PRODUCTION OF ANY FOOD OR BEVERAGES, OR ANY PICK-UP OR DELIVERY SERVICES THEREWITH. INDEPENDENT CONTRACTORS (EACH A "COURIER") OFFER DELIVERY SERVICES THROUGH USE OF THE SERVICE. EVER OFFERS INFORMATION AND A METHOD TO OBTAIN COURIER SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE COURIER SERVICES OR ACT IN ANY WAY AS A COURIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY COURIER.
The Merchants available through our Services operate indepenently of the EVER. The EVER will not assess the suitability, legality or ability of any Carrier or Merchant. The EVER is not responsible for the Merchants food preparation or safety and does not verify their compliance with applicable laws or regulations. The EVER has no responsibility or liability for acts by any third-party Merchant or Carrier, other than as stated herein. EVER, including the Website, Apps and the EVER Services, does not in any way independently verify the credentials or representations of any of the Restaurants, the ingredients or the quality of any their products or services, or any Restaurant’s compliance with applicable laws.
Customers using the EVER Services must make themselves comfortable through the information provided by the Restaurants on the Platform, by contacting the Restaurants directly, or through such other means or methods as they may deem appropriate, as to the quality and reliability and quality of the Restaurants and the Restaurants’ compliance with applicable laws. The EVER, including the Website, Apps and the EVER Services, does not in any way guarantee the quality of any Restaurant or any food or beverage, or any pickup- up or delivery service in connection therewith, or any compliance thereof with applicable laws. In addition, a Restaurant may represent certain standards with respect to their food preparation (or other services), such as “organic,” “kosher,” “macrobiotic” or allergen- specific standards such as “nut-free,” “gluten-free,” or “lactose-free”; EVER does not investigate or verify any such representations. EVER shall not be liable or responsible for any food or beverages, or any other services, offered by the Restaurants or any errors or misrepresentations made by them (including on the Website, Apps and through the EVER Services).
Unless otherwise agreed by EVER in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
As provided in greater detail in these Terms, you agree and acknowledge these material Terms:
- The App is licensed, not sold to you, and you may use the Service only as set forth in these Terms;
- Your use of the Service may be subject to separate third party terms of service and fees, including without limitation your mobile network operator’s ("Carrier") terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
- The Service is provided "as is" without warranties of any kind, and EVER liability to you is limited;
SCOPE OF APPS LICENSE
Our Apps are licensed, not sold, to you for use only under the terms of this license. EVER reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, EVER hereby grants you a personal, limited, revocable, non-transferable license to use our Apps on compatible devices that you own or control, solely for your non-commercial use.
You may not modify, alter, reproduce, distribute or make the Apps available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Apps. If you breach these license restrictions, or otherwise exceed the scope of the license granted in these Terms, you may be subject to prosecution and legal damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates provided to you by EVER that replace and/or supplement the original Apps, unless the upgrade is accompanied by a separate license in which case the terms of that license will govern.
You must be at least eighteen (18) years old to use the Service. By agreeing to these Terms, you represent and warrant to us:
- That you are at least eighteen (18) years old;
- That you have not previously been suspended or removed from the Service; and
- That your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
ACCOUNTS AND REGISTRATION
Any and all visitors to our site and users of our apps, despite whether they are registered or not, shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS.
Once an individual register's for our Services, through the process of creating an account, the user shall then be considered a "member."
To register and become a "member" of the Site or Apps, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving EVER's Services under the laws and statutes of the Israel, United States or other applicable jurisdiction.
When you register, EVER may collect information such as your first and last name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests.
You can edit your account information at any time. Once you register with EVER and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, EVER CO. LTD will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of EVER CO. LTD Services, or any portion thereof.
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of EVER CO. LTD. At its discretion, EVER CO. LTD may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. EVER CO. LTD does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that EVER CO. LTD shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such EVER CO. LTD shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
If you wish to purchase any product, food or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your first and last name, birth date, gender, credit card information, physical and mailing addresses, e-mail address and phone number or other contact information.
When you place an order through the Apps, WebSite and EVER Services, you will be given a choice of payment options, which may include via Apple Pay, Credit Card, PayPal®, Android Pay, and direct payment to the applicable Merchant or Restaurant. If you pay for your purchase via Apple Pay, Credit Card, PayPal, or Android Pay, we will ask for a valid Apple Pay account, Credit Card, PayPal account, or Android Pay account, as applicable, which will be billed through the EVER Services, for the purchase price of the applicable order, and “EVER CO. LTD” or your name will be the name that appears on the Apple Pay, Credit Card, PayPal, or Android Pay statement, as applicable. As stated above, however, EVER, including the Apps, Website and the EVER Services, is not and shall not in any manner be considered the seller of any of the food, beverages, and services ordered.
You understand that: (a) the prices for food and goods displayed through the Services may differ from the prices offered or published by Merchants for the same menu items, food or goods and/or from prices available at other third-party websites and that such prices may not be the lowest prices at which the items are sold; (b) the Company has no obligation to itemize its costs, profits or margins when publishing such prices; and (c) the Company reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes on the Services provided under this Agreement (other than taxes based on the Company’s income). Payment will be processed by the Company, using the preferred payment method designated in your account.
GENERAL PAYMENT TERMS
Certain features of the Service, including the placing of orders using the Service, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept an estimate of the fees that you will be charged. All fees are non-refundable. This no refund policy applies at all times regardless of your decision to terminate your usage, our decision to terminate your usage and any disruption caused to our Service for any reason whatsoever.
EVER, at its sole discretion, may offer credits or refunds on a case-by-case basis; all credit and/or refund requests must be made within fifteen (15) days after the delivery was completed. EVER may change the delivery or other fees for any feature of the Service, including by adding fees, on a going-forward basis at any time.
EVER will charge the payment method you specify at the time of purchase or as otherwise specified by you in your account information. EVER reserves the right to determine final prevailing pricing. (Please note the pricing information published on the website may not reflect the prevailing pricing.) EVER, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. We may change the fees for the Service at any time as we deem necessary for our business.
You authorize EVER to charge all sums for orders that you make and services you select to the payment method specified in your account. When you order on EVER, a temporary pre-authorization hold might be placed on your payment card to verify that the card is valid and has credit available for your intended purchase. Once your order is complete, you will be charged the final order total and the pre-authorization hold will be lifted within 24-72 business hours, depending on your bank. The pre-authorization hold remains even if an order is canceled by a customer or by EVER and may remain on your card for up to 5 business days.
EVER also may place an initial temporary pre-authorization hold on each new payment method you add to your account.
PAYMENT WHEN CUSTOMER NOT AVAILABLE
EVER reserves the right to charge a customer the full order amount if that customer is not at the designated delivery location when the courier arrives to complete the delivery.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and any password for Facebook, Google, or other third party login. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us by our sending email to [email protected]
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify EVER CO. LTD immediately if you notice any unauthorized access or use of your account or password or any other breach of security. EVER CO. LTD shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
As a user or member of the Site or Apps, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the EVER Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by EVER.
Furthermore, you herein agree not to make use of EVER CO. LTD's Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any EVER officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;
j) interfering with or disrupting any EVER CO. LTD Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act;
m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
EVER CO. LTD herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.
EVER CO. LTD herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of EVER CO. LTD, its visitors, users and members, including the general public.
EVER CO. LTD herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by EVER CO. LTD or any other content providers supplying content services to EVER CO. LTD. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
Upon registration, you hereby acknowledge that by using Site and Apps to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the Israel, U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the Israel, U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
EVER CO. LTD shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for EVER CO. LTD the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of EVER CO. LTD's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of EVER CO. LTD's sites, and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of EVER CO. LTD's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of EVER CO. LTD's sites and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of EVER CO. LTD's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of EVER CO. LTD's sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
EVER CO. LTD provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) EVER shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c) EVER shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of EVER; and
e) EVER is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All users and/or members herein agree to insure and hold EVER CO. LTD, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of EVER Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to EVER's sites or Apps.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that EVER CO. LTD may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by EVER CO. LTD, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on EVER CO. LTD's servers on the member's behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that EVER CO. LTD has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, EVER CO. LTD shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on EVER CO. LTD's servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on Ever.co. It is your agreement to this TOS which establishes your consent to allow EVER CO. LTD to store any and all communications on its servers.
1. Third-Party Providers
During use of the Service, you may purchase goods and services from third-party merchants through the Service. Any such activity, and any disputes, terms, conditions, warranties or representations associated with that activity, is solely between you and the applicable third party. EVER and its licensors shall have no liability, obligation or responsibility for any purchase or transaction between you and any third-party provider. In no event shall EVER or its licensors be responsible for any content, products, services or other materials on or available from third-party sites or third-party providers. Certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and EVER disclaims any and all responsibility or liability arising from such agreements between you and a third party.
You may engage third-party Couriers through the Service to provide delivery services to you and may interact with those Couriers. Any interactions or disputes between you and a Courier are solely between you and that Courier. EVER and its licensors shall have no liability, obligation or responsibility for any interaction between you and any Courier.
3. Third-Party Advertising
The Service may contain third-party advertising and marketing. By agreeing to these Terms you agree to receive such advertising and marketing.
4. App Stores
You acknowledge and agree that the availability of the EVER Apps is dependent on the third party from which you received the Application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge that this Agreement is between you and the EVER and not with the App Store. The EVER, not the App Store, is solely responsible for the Software and the Services, including the Applications and the Services, the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Applications, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application or the Services. You agree to comply with, and your license to use the Applications is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Applications. You acknowledge that the App Store (and its subsidiaries) are intended third-party beneficiaries of the Agreement and have the right to enforce them.
TRANSACTIONS INVOLVING ALCOHOL
You may have the option to request delivery of alcohol products in some locations and from certain Merchants. If you receive your delivery in the Israel or United States, you agree that you will only order alcohol products if you are 21 years of age or older. If you receive your delivery in another country, you agree that you will only order alcohol products if you are of legal age to purchase alcohol products in the relevant jurisdiction. You also agree that, upon delivery of alcohol products, you will provide valid government-issued identification proving your age to the Carrier delivering the alcohol products and that the recipient will not be intoxicated when receiving delivery of such products. If you order alcohol products, you understand and acknowledge that neither the EVER nor the Carrier can accept your order of alcohol products, and the order will only be delivered if the Merchant accepts your order. The Carrier reserves the right to refuse delivery if you are not 21 years of older, if you cannot provide a valid government issued ID, if the name on your ID does not match the name on your order, or you are visibly intoxicated. If the Carrier is unable to complete the delivery of alcohol products for one or more of these reasons, you are subject to a full refund.
EVER CO. LTD shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
As a member of Ever.co or Mobile Apps, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to [email protected]
As a member, you agree that EVER CO. LTD may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services.
The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your Ever.co and Apps account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with Ever.co and Apps shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within Ever.co and Apps;
b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that EVER CO. LTD shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either EVER CO. LTD or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that EVER CO. LTD shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that EVER CO. LTD's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by EVER CO. LTD or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on EVER CO. LTD Services (e.g. Content or Software), in whole or part.
EVER CO. LTD herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer or mobile device, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by EVER CO. LTD for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF EVER CO. LTD SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. EVER CO. LTD AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) EVER CO. LTD AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) EVER CO. LTD SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) EVER CO. LTD SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE EVER CO. LTD SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF EVER CO. LTD SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM EVER CO. LTD OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER OR MOBILE DEVICE SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT EVER CO. LTD AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
In the event you have a dispute, you agree to release EVER CO. LTD (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate. EVER CO. LTD's content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. EVER CO. LTD and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
EVER CO. LTD may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You may receive text messages (SMS / MMS / Push Notifications) from or on behalf of EVER as a part of the EVER Services at the cell phone number(s) provided by you to EVER, and you consent to receiving such text messages.
You herein acknowledge, understand and agree that all of the EVER CO. LTD trademarks, copyright, trade name, service marks, and other EVER CO. LTD logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of EVER CO. LTD. You herein agree not to display and/or use in any manner the EVER CO. LTD logo or marks without obtaining EVER CO. LTD's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
EVER CO. LTD will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, EVER CO. LTD may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The EVER CO. LTD Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
EVER CO. LTD
Attn: Copyright Agent
Email: [email protected]
BE IT KNOWN, that EVER CO. LTD complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at ever.co.
This TOS constitutes the entire agreement between you and EVER CO. LTD and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to EVER CO. LTD Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other EVER CO. LTD Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and EVER CO. LTD with regard to the TOS that the relationship between the parties shall be governed by the laws of Israel without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and EVER CO. LTD, shall be filed within the courts having jurisdiction within the Israel. You and EVER CO. LTD agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should EVER CO. LTD fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to EVER CO. LTD as follows:
EVER CO. LTD
Email: [email protected]
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 (change this) days' notice prior to any new terms taking effect.
What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
If you do not agree to the new terms, please stop using the Service
If you have any questions about these Terms, please contact us:
EVER CO. LTD
Email: [email protected]
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) INFRINGEMENT NOTICE AND POLICY
If you believe that content available on or through the EVER Apps and / or Website infringes one or more of your copyrights, please immediately notify our Copyright Agent by mail, email or faxed notice (“Notification”) providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by the Apps and / or Website infringes your copyright, you should consider first contacting an attorney. Company has a policy of terminating repeat infringers in appropriate circumstances.
All Notifications should include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material.
Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications should be sent to our Copyright Agent as follows:
EVER CO. LTD
Email: [email protected]