Terms & Privacy
Everisearch Terms of Use
The Everisearch Terms of Use set out below (Agreement) govern Your use of the Everisearch Website and form a binding agreement between Everisearch and You in relation to Your use of Everisearch
Please read all of the Agreement carefully before using Everisearch. If You have any questions, please contact us prior to agreeing. By using the Everisearch website, You acknowledge and agree that You have had an opportunity to read and understand the Agreement and agree to be bound by it.
1. 1. Using the Everisearch Website – general requirements
2. 1.1 The Everisearch website will make Everisearch available to You on the terms and conditions of this Agreement.
3. 1.2 You may use Everisearch in accordance with this Agreement, including the licence granted in clause 3.
4. 1.3 Everisearch takes the accuracy of its Database very seriously. If You see any material on Everisearch which:
1. (a) infringes any law, regulation, standard or relevant industry code;
2. (b) breaches the requirements of this Agreement; or
3. (c) is incorrect,
4. please let us know as soon as possible by contacting us via contact us.
5. 1.4 Everisearch contains content created by third parties (i.e. not by Everisearch), other information obtained from public sources and links to other websites (such content and websites together, Third Party Content). Except as otherwise indicated, we do not endorse, sponsor or approve any business profiled on Everisearch, any Third Party Content or the products or services offered by any business profiled on Everisearch.
6. 1.5 Automated access to Everisearch by or on behalf of internet search engines is permitted.
7. 1.6 Subject to clauses 1.5, You must not:
1. (a) access Everisearch other than through the normal Everisearch web interface;
2. (b) access Everisearch means (including, without limitation, through the use of scripts or webcrawlers);
3. (c) use Everisearch if You have previously been barred from using it;
4. (d) infringe the intellectual property rights of others;
5. (e) impersonate or falsely state or misrepresent an affiliation with any person or organisation;
6. (f) use Everisearch or any information contained on Everisearch in connection with any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any similar activity;
7. (g) violate (or cause Everisearch to violate) any applicable law, regulation, standard or relevant industry code;
8. (h) sell, resell, reproduce, duplicate, trade or exploit for any commercial purpose any portion of, use of, access to or data on Everisearch which does not form part of Your Business Profile; or
9. (i) supply any service through Everisearch other than through off-line commercial activity generated by the Business Profile for Your own business (being activity which takes place off the internet or off the Everisearch website).
8. 1.7 You acknowledge and agree that Everisearch retains complete editorial control over Everisearch and may, in its sole discretion and without notice to You:
1. (a) reject, remove, delete or amend any material contained on Everisearch or in the Database at any time, including (without limitation) any material contained in any Business Profile;
2. (b) reject, refuse, remove, delete or amend any Content at any time;
3. (c) position Content and/or any Business Profile as it sees fit; and
4. (d) stipulate other conditions to ensure that the commercial nature of Content is clear.
5. (e) store and keep all data in the Everisearch database and its affiliated networks.
9. 1.8 Everisearch reserves the right to modify, discontinue or disable or remove any part of Everisearch(on a permanent or temporary basis) at any time.
10. 1.9 Everisearch may terminate this Agreement, remove Your Business Profile or any Content posted by You and/or refuse You access to Everisearch if You have breached, or we consider that You will breach, this Agreement or for any other reason that Everisearch, in its sole discretion, sees fit.
1. 2. Business Profiles and Reviews
11. 2.1 You may use Everisearch to add, amend and/or update a Business Profile and Listings, solely on the terms and conditions of this Agreement.
12. 2.2 All Content must:
1. (a) be complete and accurate;
2. (b) be supplied in the manner and format specified on Everisearch or as otherwise directed by Everisearch;
3. (c) not be of a nature likely to bring Everisearch into disrepute; and
4. (d) comply with all laws, regulations, standards and relevant industry codes.
13. 2.3 You must not:
1. (a) use Everisearch to add or amend a Business Profile or Listings where You do not have the express authorisation of that business or owner to do so;
2. (b) upload, post, transmit, publish or otherwise make available any Accessible Content that You do not have a right to make available under any law, regulation, rule or code or under contractual or other legal relationships;
3. (c) upload, post, transmit, publish or otherwise make available any false, misleading, inappropriate, profane, defamatory, abusive, threatening, obscene, indecent or unlawful Content or Accessible Content;
4. (d) infringe the intellectual property rights of others; or
5. (e) breach a law including, without limitation, any law that restricts advertising of a profession.
14. 2.4 If any of the information in the Business Profile for Your business or Listings change, become out of date, or no longer comply with this Agreement, You must:
1. (a) immediately amend Your Business Profile or Listings so that they comply with this Agreement; and/or
2. (b) immediately notify Everisearch
15. 2.6 You must provide Everisearch with a copy of the authorisation described in clause 2.3(b) on request.
1. 3. Intellectual Property Rights
2. 3.1 Everisearch and the Database are owned and operated by Everisearch. You acknowledge and agree that all intellectual property rights comprised in or relating to Everisearch and the Database belong to Everisearch and that nothing in this Agreement constitutes a transfer of any intellectual property rights.
3. 3.2 You may download and view content and/or print a copy of material on Everisearch or Your own use only, provided You do not:
1. (a) modify the content (including, without limitation, any copyright notice) in any way;
2. (b) make the content public; or
3. (c) use the content in a manner or for a purpose prohibited by this Agreement.
4. 3.3 You must not do anything which breaches or otherwise interferes with Everisearch's intellectual property rights. Except as expressly permitted by this Agreement or by law, You may not reproduce any content appearing on Everisearch.
5. 3.4 You acknowledge and agree that we will allow Everisearch users to search Content You have posted.
6. 3.5 Your use of some Third Party Content (including, without limitation, third party websites linked to Everisearch) may be subject to a third party's terms and conditions of use. Nothing in this Agreement (or otherwise on Everisearch) constitutes a licence or right for You to use such content.
1. 4. Privacy
7. 4.1 Any personal information collected by Everisearch will be dealt with in accordance with the Everisearch's Privacy Policy
8. 4.2 You consent (and must procure that any relevant third party consents) to the use of any personal information collected in relation to You (including, without limitation, any personal information contained in Content) in accordance with the Everisearch Privacy Policy. If You include any personal information about any person in any Content, You must:
1. (a) provide that person with a copy of the Everisearch Privacy Policy prior to providing us with that personal information; and
2. (b) where possible, have that person provide us with that personal information directly.
1. 5. Warranties
9. 5.1 You represent and warrant to Everisearch that:
1. (a) You are fully authorised to publish and to authorise Everisearch to publish all Content (including, without limitation, having full authorisation from any business whose Business Profile You add, amend or update);
2. (b) You are least 18 years of age and have the legal capacity to enter this Agreement;
3. (c) publication of Accessible Content in accordance with this Agreement will not, at any time, infringe any intellectual property right, moral right or any right of confidence or other right of any person;
4. (d) all Accessible Content will, at all times, comply with all applicable laws, regulations and relevant industry codes;
5. (e) all products and services advertised in Accessible Content will match the advertised description, and be available in the manner, at the price and for the time period advertised;
6. (f) the Accessible Content does not, and will not at any time, infringe any intellectual property right, moral right or any right of confidence or other right of any person;
7. (g) You have obtained the consent of all individuals whose personal information is included in the Content to:
1. (i) the collection of that personal information by Everisearch; and
2. (ii) the use and disclosure of that personal information in accordance with the Everisearch Privacy Policy;
8. (i) all Accessible Content will be current and accurate, and will not mislead or deceive end users of Everisearch; and
9. (j) each website represented by any URL shown or embedded in the Business Profile for Your business:
1. (i) is controlled and operated by Your business or its independent contractor;
2. (ii) will be functional and accessible at all times; and
3. (iii) is suitable in all respects, including (without limitation) subject matter, to be linked to Everisearch
4. 6. Liability
10. 6.1 To the full extent permitted by law and subject to clause 6.4, Everisearch excludes all representations, warranties, terms and conditions, whether expressed or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in this Agreement.
11. 6.2 Everisearch is provided "as is", and You acknowledge and agree that Everisearch has no control over Third Party Content and that Your use of Everisearch (including, without limitation, all material obtained from or linked to Everisearch) is at Your sole risk. Nothing on Everisearch constitutes the giving of financial or other advice. You should obtain qualified professional advice before acting on the basis of any information on Everisearch
12. 6.3 To the full extent permitted by law, Everisearch excludes all liability to You for any damages or loss (including without limitation, loss of profits, indirect or consequential loss) however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence), statute or otherwise) suffered by You in connection with:
1. (a) Your use of, or reliance on, Everisearch (or any information contained on or linked to Everisearch);
2. (b) any dealing You have with any business displayed on Everisearch.
13. 6.4 Certain legislation may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. This Agreement must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision in this Agreement, to the extent to which Everisearch is entitled to do so, Everisearch limits its liability in respect of any claim under those provisions to:
1. (a) the supply of the services again; or
2. (b) the payment of the cost of having the services supplied again.
14. 6.5 You hereby indemnify and hold harmless Everisearch and its officers, employees and agents from and against any liability, loss, damage, costs and expense (including, without limitation, legal expenses on a full indemnity basis) and penalties incurred or suffered by any of them arising out of:
1. (a) Your breach of this Agreement, including (without limitation) a warranty in clause 5;
2. (b) any act of fraud or wilful misconduct by or on behalf of You; and
3. (c) the publication or use of, or any act or omission in relation to, the Accessible Content including, without limitation, claims brought by any third party relating to defamation, negligent misstatement, injurious falsehood, contempt of court, rights of publicity and/or privacy, copyright infringement, trade mark infringement, other intellectual property infringement, passing off, misleading or deceptive conduct and any failure to comply with or fulfil any representations, warranties or agreements.
1. 7. General
15. 7.1 We may provide You with notices by email, mail or by posting content on Everisearch
16. 7.2 You should carefully read and agree to this Agreement each time You use Everisearch. Whilst Everisearch hopes not to have to alter this Agreement, it is possible that changes will be required from time to time. By using Everisearch (including, without limitation, by posting any Content) You agree that the then current version of this Agreement will apply to that use.
17. 7.3 Everisearch may assign this Agreement provided that the relevant assignee undertakes to perform all of Everisearch obligations herein. Subject to the foregoing, neither party may assign this Agreement in whole or in part.
18. 7.4 The indemnities in this Agreement are:
1. (a) continuing obligations of the parties, separate and independent from their other obligations and survive termination of this Agreement; and
2. (b) absolute and unconditional and unaffected by anything that might have the effect or prejudicing, releasing, discharging or affecting in any other way the liability of the party giving the indemnity.
19. 7.5 This Agreement is governed by the laws of Germany, and the parties submit to the non-exclusive jurisdiction of the courts of Germany and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.
The use of the Everisearch website is free of charge.
Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer to help the website analyse how you use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the USA. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law or where the third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Facebook
The Everisearch website uses social plugins (“plugins”) of the social network facebook.com, operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). These plugins are marked with a Facebook logo.
If the customer accesses the Everisearch website that contains such a plugin, the customer’s browser will establish a direct connection to the Facebook servers. Facebook transmits the contents of the plugin directly to the customer’s browser where it is integrated into the website.
The plugin integration provides Facebook with the information that the customer has accessed the corresponding page of the Everisearch website. If the customer is logged into Facebook, Facebook can assign the customer’s visit to the customer’s Facebook account.
If the customer interacts with the plugins, for example by using the “Like” button or leaving a comment, the browser transmits the corresponding information directly to Facebook where it is saved. The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as related rights and settings available to customers to protect their privacy can be found in the Facebook privacy policies.
If the customer does not want Facebook to collect data in the aforementioned way, the customer must log out of his/her Facebook account before visiting the Everisearch website.
Changes to our data protection declaration
We reserve the right to change our security and data protection measures, if this becomes necessary.
Information and questions
If you have any questions, please send an e-mail to: info@everisearch[.]com
Everisearch Privacy Policy
This privacy policy applies to all personal information collected by Everisearch via the internet.
Everisearch recognises the importance of your privacy, and that you have a right to control how your personal information is collected and used.
We know that providing personal information is an act of trust and we take that seriously. Unless you directly give us consent to do otherwise, Everisearch will only collect and use your personal information as set out below.
Collection of information
The type of information that we collect from you may include the following: your IP address and cookies on Everisearch
Our use of cookies
Cookies are pieces of information that a website transfers to your computer's hard disk for record keeping purposes. Most web browsers are set to accept cookies. Everisearch uses cookies to make your use of our websites and services as convenient as possible. Cookies in and of themselves do not personally identify users, although they do identify a user's browser. Cookies are useful to estimate our number of users and determine overall traffic patterns through our website.
If you do not wish to receive any cookies you may set your browser to refuse cookies. This may mean you might not be able to take full advantage of Everisearch services.
Using and disclosing your personal information
Our purpose in collecting information about you is to:
1. create a business information database and associated content for use as part of Everisearch. Whilst Everisearch business information database is designed to operate as a business directory (not a directory of individuals) it is possible that personal information may become included in the business information database.
Everisearch will not use or disclose any information about you without your consent, unless:
2. the use or disclosure is for one of the purposes described above or otherwise permitted by this policy;
3. it is required or permitted by law (including by relevant privacy laws);
4. to protect the rights, property or personal safety of another Everisearch website user, any member of the public or Everisearch or
5. any of the assets and/or operations of Everisearch are being transferred to another party.
If you do not provide requested information, Everisearch may not be able to provide you with access to or full use of sections of Everisearch.
Disclosing information
Sometimes, the activities described above require us to share your personal information with other organisations. The types of situations in which Everisearch usually discloses personal information, and the types of organisations to which such disclosure is usually made, include the following:
1. The business information database is available via the internet to any member of the public. It is also disclosed in its entirety to Everisearch related entities and to other entities with whom Everisearch has a business relationship, as part of Everisearch online business.
2. Everisearch discloses personal information to its service providers, advisers and other entities with whom Everisearch has a business relationship, in the course of operating Everisearch and in the course of delivering Everisearch services.
Access to the information we hold
You can request access to the personal information we hold about you by making a request to the Everisearch Privacy Officer via contact us. We will provide you with access unless we are legally authorised not to do so.
Changing and deleting the information we have about you
If at any time you wish to change personal information that is inaccurate or out of date, please contact us by emailing our Everisearch Privacy Officer at contact us. If you wish to have your personal information deleted, please let us know in the same manner as referred to above.
We will take all reasonable steps to change or delete information in response to such a request. If there is a reason that we cannot make that change or deletion, we will inform you of that reason.
Storage and security of your personal information
Everisearch will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. You should note that the internet is not a secure method of transmitting information and, as such, we are not responsible for the security of any information sent or received over the internet.
Please note that Everisearch may use overseas facilities including but not limited to in Australia, the US and Europe, to store, process or back up its information. However, this does not change our commitment to keep your information secure.
Third party websites
Everisearch contains links to websites that are not operated by Everisearch and the contact details for many businesses not operated by Everisearch. These linked sites and profiled businesses are not under the control of Everisearch and we are not responsible for the conduct of those businesses. Before disclosing your personal information on any other website or to any other company, we advise you to examine the Terms and Conditions / Privacy Policy of those organisations.
Privacy enquiries
If you have any questions about this Privacy Policy or how Everisearch deals with your personal information you can contact:
Everisearch Privacy Officer at Contact us.
Future changes
Our commitment to being a leading provider of global business listings, products and services means that our business will continue to evolve as we introduce new services and features. Because of this, from time to time, our policies will be reviewed and may be revised. Everisearch reserves the right to change its Privacy Policy at any time and notify you by posting an updated version on the Everisearch website. The amended Privacy Policy will apply between us whether or not we have given you specific notice of any change.