Thank you for visiting www.leva.pe ("Website"). By accessing this Website, you ("you" or "User(s)") acknowledge the legally binding effect of the Terms of Website use ("Terms") set out herein. Please read them carefully before you start to use the Website. The Website belongs to Leva Capital Partners AG and its affiliated entities ("Leva", "we", "us" or "our"). By accessing this Website you accept the legally binding Terms set forth below, as well as the terms of our Privacy & Cookie Policies, which describe the data and information processing as well as the use of cookies on our Website. If you do not agree to the Terms, you should exit and cease all use of our Website.
General Remarks
Who is operating the Website?
The Website is a site operated by Leva. We are registered in Switzerland and have our official headquarters at Bernapark 1, 3066 Stettlen.
Is anybody allowed to distribute the information or functions contained on the Website?
Neither the Website nor the information and functions contained on the Website are directed at or intended for distribution to, or use by, any person in any jurisdiction where the distribution of such information or functions is forbidden or such distribution is prohibited without obtaining the necessary licenses or authorizations by the relevant branch, subsidiary or affiliate office of Leva and such licenses or authorizations have not been obtained.
Are products or services presented on the Website available worldwide?
Products and services (collectively "Services") presented on the Website may not be available for purchase by residents of certain countries or by certain categories of investors.
Does Leva or the Website provide any advice?
The Website does not provide investment, legal and tax advice or other form of professional advice. Information on the Website does not constitute a decision-making aid for legal, tax or other advisory questions. We do not represent that any securities or Services discussed are suitable for any investor. Therefore, no investment or other decisions based on the information on the Website should be made solely based on the content and or information of the Website. Eventually you should therefore seek advice from a qualified specialist when making such decisions.
Are there any obligations for Leva regarding the orders for business transactions?
Leva expressly states that it isn't obliged to accept orders for business transactions such as account openings, changes of address, etc. or other business transactions which are transmitted to Leva via the Website. Leva expressively reserves the right to reject any applicant's access to the Website without providing any reason.
Is the price information available on the Website binding?
All prices for Services offered on the Website are for informational purposes only and are non-binding.
Is there any guarantee for the correctness, accuracy, completeness, truth and actuality of the information and opinions published on the Website?
Leva takes all reasonable measures to ensure the correctness and accuracy of the information presented on the Website. Nevertheless, we provide no guarantee (neither expressly nor implicitly) for the correctness, accuracy, completeness, truth and actuality of the information and opinions published on the Website. We are not obliged in any way to update outdated information or opinions, to remove them from the Website or to mark them accordingly.
Are there any statements on the Website and is there any obligation to update such statements?
The Website may contain forward-looking statements. Several risks, uncertainties and other important factors could cause actual developments and results to differ materially from our expectations. We are therefore, under no obligation to (and expressly disclaim any such obligation to) update or alter our forward-looking statements, whether as a result of new information, future events or otherwise. Additionally, all content on the Website is subject to change at any time without prior notice.
How do the Users agree to abide by these Terms?
By accessing the Website, Users agree to abide by the present Terms and declare that they have read and understood the Terms and declare their consent with the Terms.
Is Leva entitled to amend these Terms?
Leva reserves the right to amend the Terms at anytime and without prior notice. Users, who do not agree to abide by the Terms after such amendment, shall cease their use of the Website. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.
What are the responsibilities of the Users?
The Users are responsible for making all arrangements necessary for them to have access to the Website. This includes acquiring and maintaining the electronic devices and equipment required for access and use of the Website. Additionally, Users must implement appropriate data security measures in accordance with good industry practices to protect themselves from cyber-attacks and fraud on an ongoing basis (e.g. by using the most recent browser versions, and installing recommended security patches and up-to-date anti-virus programs and firewalls). Users are also responsible for ensuring that all individuals who access the Website through the User's telecommunication connection or network are aware of these Terms and comply with them. We therefore, specifically disclaim all liability for any tampering with any User's computer system by unauthorized parties, or for losses or liabilities suffered by any User arising from viruses or attacks by hackers.
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to access or use the Website for any purpose that is illegal or beyond the scope of the Website' intended use, as determined solely by Leva.
Any User who uses the Website for a company or third-party individual represents and warrants that they have is the proper authority to do so. This includes, but is not limited to, either having official signatory rights or being otherwise duly authorized to act on behalf of the company of individual.
No Liability and Disclaimer
Does Leva have any liabilities?
To the fullest extent permitted under applicable law, Leva, along with its employees, officers, directors or affiliates (each a "Leva Person"), hereby waive all liability, whether in contract or tort or otherwise, for any direct, indirect, consequential or special losses or damages of any kind arising from, or in connection with the use of the Website, or any reliance on any of the content provided on the Website, or stored on, transmitted through, or linked from the Website. This includes liability for negligence and applies even if Leva was aware of the possibility of such consequences.
Leva does not warrant that the Website, information, content, materials or any other Services included on or otherwise made available to you through the Website are free of viruses or other harmful components. Any materials or content accessed, downloaded and otherwise obtained through the Website are done so at your own risk.
What obligations the Users have regarding any damages caused to Leva?
Users shall indemnify and hold Leva and Leva Persons harmless from any and all damage arising from their access and use of the Website. In particular, Users agree to defend, indemnify, and hold Leva and Leva Persons harmless against any claims (including legal and attorney's fees) made by third parties in connection with their use of the Website.
Additionally, Users agree to defend, indemnify, and hold Leva and Leva Persons harmless from any and all claims, liabilities, damages, judgments, losses, costs, expenses, or fees (including legal and attorneys' fees) resulting from violation of these Terms.
Does material provided on the Website refer to any investment objectives, financial situation or needs of specific users?
The material provided on the Website does not refer to the specific investment objectives, financial situation or needs of any individual users. All information published on the Website is for information purposes only. It does not constitute an advertisement or an offer to buy or sell securities or related financial instruments. The materials should not be considered as a substitute for the exercise of the recipient's own judgment. The Website does not constitute a solicitation, offer or recommendation to buy or sell investment instruments or engage in any other transactions or legal actions of any kind whatsoever.
Are there any warranties for the Website?
To the extent permitted by applicable law, any and all warranties for the Website are excluded. Leva provides the Website "as is" and "as available", without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and uninterrupted and/or error-free availability and/or accessibility of the Services. You expressly agree that your use of the Website is at your sole risk.
Is Leva entitled to block or cancel any access to the Website?
Leva reserves the right to temporarily or permanently, partially or completely block or cancel any access to the Website at any time, for any reason, without notice and without liability to you. Additionally, due to your geographic location, the Website or some of its features, Services, or content may be unavailable to you. Leva excludes all liability for the loss of any content, and any other loss, loss of profit or any other damage that might arise in connection with the blocking or cancellation of any access to the Website.
Does the Website include social bookmarks, and what are the implications of using them?
Yes, the Website may contain social bookmarks allowing Users to share Leva web pages on social media. By using these bookmarks, you send personal identifying data to the respective social media platform. Leva does not control or monitor any activity related to social bookmarks and is not responsible for such actions. Users sharing Leva content via social bookmarks are not authorized to represent Leva, and their views are their own. The provisions regarding links in these Terms also apply to social bookmarks.
Does the Website use Artificial Intelligence ("AI"), and what should Users be aware of?
No, the Website is not powered by AI. However, Users should always verify any information they receive to ensure accuracy and appropriateness. You are solely responsible for any decisions or actions taken based on your interaction with the Website.
Are there any links and contents to other websites contained on the Website?
The Website may contain links and contents to other websites. These contents and links serve exclusively for user convenience and informational purposes. Leva has no control over third-party content or websites and is therefore not responsible for the content, accuracy or opinions expressed on such websites. These websites are not investigated, monitored or checked for accuracy or completeness. Additionally, Leva is not responsible for any websites that link to or frame the Website. Leva expressly waives all liability for any all and any losses and damages of any kind arising from your access to or from such third-party websites.
Assumption of Risks
Is there any possibility that the Website will becomes subject to any regulatory inquiries or regulatory action?
The Website may become subject to one or more regulatory inquiries or regulatory action, which may impede or limit the ability of Leva to continue to develop, or which may impede or limit User's ability to access or use the Website. Leva is not liable for any claims arising out of regulatory risks.
Is Leva complying with the applicable laws?
Leva endeavors to comply with all applicable laws, i.e. all legal requests for information, and reserve the right to provide information, including project information, to law enforcement personnel and other third parties to answer inquiries, to respond to legal process, to respond to the order of a court of competent jurisdiction and those exercising the court's authority and to protect the Website and its Users.
Privacy Policy, Cookie Policy and Use of Emails, Contact Form and Chat
Does Leva use any information about the Users?
We process information about the Users in accordance with Leva's Privacy and Cookie Policies, which is an integral part of these Terms.
Are the emails between Leva and the Users confidential or secure?
Ordinary emails sent over the Internet are neither confidential nor secure. They may be viewed, intercepted or altered by third parties or may be lost completely. You must therefore use a secure channel for your communication with us, if we provide one. Never send personal or confidential information, in particular any account log-in credentials, social security numbers, credit card numbers, passwords, or other non-public information, in any ordinary emails sent to us.
Unless explicitly stated otherwise, Leva does not accept orders or instructions sent by email or any other electronic messaging system. Leva shall not be liable for any damages incurred in connection with messages sent to Leva using ordinary email or other electronic messaging systems.
What shall you do if you receive an email from Leva by mistake?
If you receive an email from Leva in error, immediately notify the sender by replying to the email and delete the email from your computer. If there are any attachments, do not open them, and refrain from downloading or saving them to your computer.
Are emails from Leva official transaction confirmations or account statement?
No, the information provided in an email, or its attachments is not an official transaction confirmation or account statement. Official account statements are mailed or made available through other designated means.
Does Leva retain email messages, and if so, for how long?
Yes, we retain email messages in accordance with industry standards and legal retention requirements. These emails are kept confidential and are accessed and used in line with Leva's internal policies, guidelines, and procedures.
How are the materials or information that the Users provide to Leva treated?
Any material or information that the User provides us, and which is uploaded to our Website will be considered non-confidential and non-proprietary, and we therefore have the right to use, copy, distribute and disclose to third parties any such material or information for any purpose.
How is the data of the Users treated when using our contact forms or chat?
When using Leva's contact forms or chat services, depending on the service in question, your identification data, contact data, technical data, financial situation and your message can be collected by us. We might use this information for training purposes or to fulfil a contract or for pre-contractual purposes. By using these contact options, you expressly consent to such use of your information.
Is Leva liable for any loss or damage incurred in connection with any messages the Users sent to us?
Leva shall not be liable to you or any other person for any loss or damage incurred in connection with any messages sent to Leva by ordinary email or any other messaging system.
Intellectual Property
Who is the owner of the Website?
Leva owns the Website, including all content (including but not limited to text, graphics, user interfaces, visual interfaces, photographs, video, register, database, trademarks, logos), features and functionality thereof, which is protected by copyright, trademark, patent, and other intellectual property or proprietary rights laws or has acquired an appropriate license to publish such content on the Website and are eventually Leva's property.
Are the Users entitled to share any content of the Website?
Users shall not share any content (in particular if collected by spidering, crawling or otherwise accessing the Website) provided on, from, to or through the Website for commercial purposes without Leva's prior written consent. You are permitted to use the Website for your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective client of Leva. Except as provided above, you must not copy, modify, create derivative works of, publicly display, publicly perform, republish, display, or transmit any of the material obtained through the Website, or delete, or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
Systematic retrieval of content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory---whether through automated methods such as robots, spiders, or other devices, or through manual processes is strictly prohibited without prior written consent from Leva. Additionally, creating links to the Website without permission is also prohibited.
Are the Users entitled to download or print any content of the Website?
Downloading or printing elements of the Website does not transfer any rights, nor rights relating to software, trademarks or elements of the Website and may only be done in accordance with these Terms. Copyright notices and trademarks may not be changed or removed.
What is the current status of Leva and Leva-Logo?
Leva and the Leva-Logo are among the registered and unregistered trademarks of Leva. Other marks may be trademarks of their respective owners. Except as noted above, the use of our trademarks for any purpose is prohibited without our written permission.
Who may the Users contact in case of any copyright or intellectual property infringements on the Website?
Users who believe that the provision of any content on the Website infringes any copyright or other intellectual property rights may contact Leva at support@levamail.com and request Leva to remove such content from the Website. However, Leva is under no obligation to remove the content unless the usage is not covered by these Terms or any other applicable terms and contracts.
Duration and Termination
Who these Terms apply to?
These Terms apply to all Users while they access or use the Website.
Are the Users entitled to terminate their relationship with Leva governed by these Terms?
Subject to Section 6.3, Users may at all times terminate their relationship with Leva governed by these Terms by ceasing their access and use of the Website.
Does any provision of these Terms survive the termination of use of the Website?
If a User ceases to use the Website, provisions of the Terms which are by their nature meant to survive, shall stay in effect, in particular provisions regarding liability, the relevant sections of the Privacy and Cookie Policies as set forth in the Privacy Policy and Cookie Policy, intellectual property as well as governing law and jurisdiction.
Governing Law and Jurisdiction
What is the governing law for these Terms?
The Terms shall be governed by Swiss law at the exclusion of any provisions of conflict of law rules that might lead to the application of other than Swiss law. The United Nations Convention for the International Sales of Goods ("Vienna Sales Convention") is excluded.
Which jurisdiction shall be applicable for any conflict arising from or in connection with the use of the Website?
Users irrevocably submit to the exclusive jurisdiction of the competent courts of Zurich, Switzerland, for any conflict arising from or in connection with the use of the Website.
Severability
What happens in case any provision of these Terms is held to be invalid, illegal or unenforceable?
If any provision of these Terms is held by a competent court or authority to be invalid, illegal or unenforceable for any reason, such provision shall be deemed modified to the extent necessary to make it enforceable in a manner that most closely reflects the party's original intent. Such a finding shall not affect the validity, lawfulness or enforceability of the remaining provisions, nor shall it affect the validity, lawfulness or enforceability of these Terms in any other jurisdiction.
How to Contact us?
If you have any questions or concerns about these Terms you may contact us at support@levamail.com.