Terms of Use

Terms of Use

19 November 2019

Welcome to Circle! We are the platform where communities go digital, bringing together community leaders and their members and facilitating mutual engagement. We are excited to see you here.
Please read these Terms of Use, (hereinafter “Terms”), with care as they contain important information about using our Website and Services. By accessing or using Circle, you (the “User”) agree to comply with and be bound by these Terms and any other related policy documentation, (hereinafter “Policies”), as applicable to you.

About Circle
1.1. Fuzilli Limited (hereinafter “Circle”), is a company registered in Malta with Registration number C-90708 and offices at 68, St Lucy Street, Naxxar, Malta (Europe). The company is solely responsible for running of circle.mt, (hereinafter “Website”).

1.2. Circle’s Website offers a simple and comprehensive campaign management platform for organised communities. Our mission is to help communities better their engagements, work smarter, grow, and achieve bigger goals. We want to become the trusted place for community engagements. To do this, our Website offers a range of services aimed at facilitating mutual engagement between communities and their members through purposely set up campaigns listed on the Website. These Terms govern the relationship between Circle and its Users.

1.3. Throughout these terms, the following definitions apply:

i. “Community” is a managed organisation with an outreach to groups of people sharing common interests and undertaking joint activities;
ii. Community “Member” is an individual that forms part of a Community and participates in its activities;
iii. Community “Leader” is the individual recognised as having the lead responsibility for fund generation activity within the Community;
iv. Community “Staff” includes individuals identified by a Community Leader and assigned administrative rights to manage community activity on the Website.
v. “User” is any individual that visits the Website or uses the Website in the capacity of a Community Member, Leader or both;
vi. “Campaign” is an activity, organised by a Community on the Circle Website, that entails user engagement and may be against a payment;
vii. “Subscription Plans” refers to exclusive functionality offered by Circle, which may be against payment, aimed at enabling Community Leaders to create a Community profile and set up Campaigns on the platform; and
viii. “Subscriber” refers to a User who enrolled in one of the Subscription Plans.

1.4. The facilities offered on the Circle Website, (hereinafter “Services”), include:

i. Facilities for Communities to set up a Community page, which would present information about the Community to the Website Users;
ii. Facilities for Communities to set up Campaigns, which can include a range of engagements with their Members such as commitments made for products and services, enrolment facilities for membership fees, and other contributions to the Community, amongst others;
iii. Facilities for Users to discover Communities and ongoing Campaigns;
iv. Facilities for Users to engage with Campaigns, including opportunities to undertake financial transactions associated with such Campaigns;
v. Facilities to facilitate the generation of reports related to Campaigns and other Community activities;
vi. Facilities to process and manage engagements, such as orders and bookings, received through the Website;
vii. Any other facility hosted on the Website which Circle may introduce from time to time.

1.5. Some of the Services are exclusively available to Subscribers, and Circle retains the right to restrict access to some functionalities on the basis of the Subscriber’s Subscription Plan.

1.6. All the Policies on the Circle Website shall be construed as forming part of these Terms, and acceptance of these Terms by the User also implies acceptance of all the applicable Policies.

Acceptance of Terms
2.1. These Terms present a framework governing the relationship between Circle and its Users, and establish the parameters within which Circle delivers its Services through the Website at https://circle.mt.

2.2. Please read these Terms carefully before using the Website. Any activity Users undertake on the Website, including visiting the Website, registering an account on the Website, and/or engaging with any Campaign, product or service offered, is subject to these Terms.

2.3. Circle may change these Terms from time to time, including by making changes on this page. These Terms were last updated on 26 August 2019. These Website Terms are only available in English.

2.4. For the avoidance of doubt, please note that references to “Website” in these Website Terms include any current or future version of our Website (circle.mt).

2.5. In using the Website, Users agree that: (a) they are 13 years or older (b) are fully able and competent to abide by and comply with these Terms, and (c) are able to fulfil any obligations entered into as a result of using this Website.

2.6. Users who do not agree with these Website Terms should neither use this Website nor engage with any Campaign, product or service listed on it. The creation of User accounts is subject to the User’s acceptance of these Terms.

Communities and Campaigns: Rights, Engagements and Dispute Resolution
3.1. Circle is not the creator, organizer or owner of the Campaigns, listed on the Website. Rather, Circle provides its Services to Subscribers (representing Communities) which allow them to create, process and manage such Campaigns.

3.2. Circle is not a Payment Services Provider (PSP). Payment services are offered by licensed third parties.

3.3. Communities listed on the Website are independent third parties and Circle is not acting as a principal, agent, broker or merchant in their respect on the Website. The User’s relation with any Community that the User contacts through the Website, including engagements through Campaigns, is solely a transaction directly between the said Community and the User, and the User agrees not to hold Circle liable for any loss or damage of any sort incurred as the result of any business conducted with the Community or as the result of the content provided by such Community through the Website.

3.4. The creation of a Community profile on Circle is restricted to Subscribers only. Subscribers will not be allowed to create Community profiles unless they meet all obligations imposed by Circle, including meeting requirements related to Know-Your Customer (KYC) and Anti-Money Laundering (AML) regulations in place.

3.5. Circle reserves the right to refuse submissions for the creation of new Community profiles and Campaigns on the Website, as well as to take down existing Community profiles and Campaigns in breach of these Terms.

3.6. The Community Leader has the right to determine whichever payment method to accept from Users for each Campaign, provided that such method is available on the Website and the respective Subscription Plan.

3.7. Where the Community Leader selects a payment processing method that uses a third party to process the payment, then neither Circle nor the Community would process the User’s payment details, rather the User’s payment details are transmitted to the third party for further processing.

3.8. Community Leaders are responsible for collecting and paying any taxes associated with any sale commitments made through Circle Website and its Services. Whilst Circle may offer tools to assist the Community Leader in collecting any applicable taxes, under no circumstance Circle shall be considered responsible for tax collection or its administration on behalf of the community. The Community Leader remains solely responsible for ensuring that all of Campaign items are properly taxed.

3.9. Any engagement by Users with Communities and Campaigns listed on the Website is taken to imply that the User:
i. is aged 16 years or older, or is aged 13 years or older and under the supervision of an adult or guardian;
ii. agrees to accept full responsibility for all activities undertaken by said User on the Circle Website and whilst using its Services; and
iii. is solely responsible for maintaining the confidentially of said User’s personal details, password and payment details.

3.10 The User agrees that all engagements with Communities are final. The User cannot unilaterally cancel an engagement or expect to be issued a refund unless the Community has beforehand published on the website a different policy for the specific Campaign.
3.11. Users cannot opt to pay the Community through payment methods not made available in the Campaign on the Circle Website.
3.12. Circle reserves the right to send notifications to registered Users, via email or any other means, in relation to any engagement the User undertakes on the Website. These engagements may include the creation and updating of a User’s account, the creation and any amendments to content on the Website, and any engagements between Users, such as the purchase of products or services through the Website.
3.13. In the event of any dispute related to engagement with Campaigns on the Circle Website, affected Users are to contact the respective Community Leader directly.
3.14. At its discretion, Circle may entertain requests for assistance on resolving such disputes, provided that these come at no expense to Circle, or such expenses are covered by the affected User(s). Notwithstanding, Users’ statutory rights are not affected.
3.15. The Community acknowledges and consents Circle to make use of any of its marks, logos and trade names to identify the Community as a Website user. The community can opt out by sending an email to [email protected]
3.16. To operate on the Website, Communities must enter into a Subscription Agreement with Circle. The Subscription Agreement will define the Subscription Term, Subscription Plan, custom features and the applicable charges.
3.17. Unless notified in writing at least five business (5) days before the end of the Subscription Term, the Subscription Agreement will be automatically renewed for another Subscription Term on the same Subscription Plan.
3.18. Circle reserves the right to amend the Subscription Plans and/or Subscription Term. For existent subscribers, these amendments will come into effect on Subscription renewal.

General Conditions of Use
4.1. Circle reserves the right to refuse service at any time, terminate Users’ access to the Website, remove or edit any content, including content uploaded by Users, or cancel your orders in its sole discretion and without notice to Users.

4.2. Circle grants Users permission to access its Website in accordance with these Terms, provided that Users:
i. do not copy, distribute or publish any part of the Website other than as may be necessary to use the Website for its intended purpose;
ii. do not use any automated program or system in connection with the Circle Website, or its Services, except where explicitly approved by Circle; and
iii. comply with the other provisions set out in these Terms and, where relevant, any current or future Policies published by Circle.

4.3. Whilst we endeavour to provide a reliable and secure service, Circle cannot guarantee that use of the Website and its Services will be uninterrupted, and we cannot guarantee that any information or communication transmitted via the Website will be transmitted reliably, accurately, in a timely manner or at all. The Website, as well as the Services, provided by Circle are provided on an “as is” basis and may be subject to delay or downtime.

4.4. Whilst Circle will endeavour to provide uninterrupted access, such access may be suspended, restricted, or terminated, at any time and without notice.

4.5. Circle assumes no responsibility for functionality which is dependent on your browser or other third-party software to operate.

4.6. Circle cannot guarantee that the Website is free from viruses or anything else which may have a harmful effect on any technology.

4.7. Users agree and recognise that the transmission of information via the internet is not completely secure. Although Circle will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website. Any transmission is at the User’s own risk.

4.8. Circle reserves the right to withdraw or change the Services, notices, or information provided on the Website from time to time. It is the User’s responsibility to stay up-to-date with the Website’s Terms.

4.9. Circle reserves the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of these Terms.

4.10. When Users visit the Website, Circle may store “cookies” on the User’s device with a view to offer better functionality to the User. Cookies contain pieces of information that may remember the User as a Circle customer, including information from previous orders. The use of cookies is industry standard and is common at almost every internet shop or website. For more information on how Circle uses cookies, please read our Privacy Policy.

User’s Obligations and Conduct
5.1. Users hereby represent, warrant and covenant to us, that they shall:
i. provide true, accurate, current and complete information; and
ii. maintain and promptly update all information to keep it true, accurate, current and complete.
5.2. Users hereby represent and confirm to us that information submitted by them for display on the Website shall not:
i. contain fraudulent information or make fraudulent offers of items;
ii. violate any applicable law or regulation;
iii. infringe or misappropriate any copyrights, trademarks, service marks or other intellectual property or other right of any third party;
iv. contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming); invades anyone’s privacy; encourages conduct that would constitute a criminal offence; give rise to civil liability; and/or otherwise violate any law or regulation; and
v. contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information.
5.3. Other than personally identifiable information, which is covered under the Circle Privacy Policy, any material that the User transmits or posts to this Website will be considered non-confidential and non-proprietary. Circle will have no obligations with respect to such material. Circle and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use that material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.

5.4. Users are prohibited from posting, uploading or transmitting to or from this Website any material that:
i. breaches any applicable local, national or international law;
ii. is unlawful or fraudulent;
iii. amounts to unauthorised advertising; and/or
iv. contains viruses or any other harmful programs.
5.5. Users may not misuse the Website. Such misuse includes hacking attempts or any other activity that would restrict or otherwise deny access to the Website by Circle and/or other Users.

5.6. Any comments or feedback that Users submit through the Website must not:
i. contain any defamatory, obscene or offensive material;
ii. promote violence or discrimination;
iii. infringe the intellectual property rights of another person;
iv. breach any legal duty owed to a third party (such as a duty of confidence);
v. promote illegal activity or invade another’s privacy;
vi. give the impression that they originate from Circle; or
vii. be used to impersonate another person or to misrepresent your affiliation with another person.

5.7. The prohibited acts listed in these Terms are non-exhaustive. User(s) will be required to pay Circle for all costs and damages which Circle incurs as a result of any breaches to these Terms committed by said User(s).

5.8. Circle will fully co-operate with any law enforcement authority or court order requesting or directing us to disclose the identity or location of anyone misusing the Website and engaging in illegal activity, including the posting of any unlawful material to the Website.

6.1. While Circle tries to ensure that the information on this Website is correct, we do not guarantee it is accurate or complete. Circle may make changes to the material on this Website, the Services it offers, and the prices described in it, at any time without notice. The material on this Website may be out of date, and Circle takes no authority for the update of that material.

6.2. In particular, Circle is not in a position to guarantee that the information provided by other Users and displayed on this Website, (including Community pages and their respective Campaigns), is correct or up to date.

6.3. Users are solely responsible for the security of their login credentials and respective password. Unless Circle negligently discloses these credentials to a third party, Circle will not be liable for any unauthorised transaction entered into using such credentials.

Force Majeure
7.1. Circle will not be held liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event”).

7.2. Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation to) the following:
i. strikes, lock-outs or other industrial action;
ii. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
iii. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
iv. impossibility of the use of means of public or private transport;
v. impossibility of the use of public or private telecommunications networks; and
vi. the acts, decrees, legislation, regulations or restrictions of any government.

7.3. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

Governing Law and Jurisdiction
8.1. These Terms of Use are governed by the Laws of Malta. The Maltese courts shall have exclusive jurisdiction over any dispute related to these Terms.

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