Terms Conditions
1. General
Cirkle Technology, Inc. provides an online platform that connects Sellers with Buyers seeking to sell and/or buy photocards (collectively, the "Services"). The Services are accessible through written communication with Cirkle Technology, Inc., at https://cirkletech.com/ and any other websites through which Cirkle Technology, Inc. makes the Services available (collectively, the "Site") and any applications for mobile, tablet, and other smart devices and application program interfaces which Cirkle Technology, Inc. makes available (collectively, the "Platform").
In these Terms and Conditions "you" or "your" means any unregistered user of the Platform or any Member of the Platform, as the context requires. If you are using the Platform, these Terms and Conditions are between you and Cirkle Technology, Inc. ("Cirkle", "us" or "we").
Nothing in these Terms and Conditions obliges Cirkle Technology, Inc. to make the Services available at any time or by any technological or direct means.
These Terms and Conditions incorporate our Privacy Policy and any other Policies, including the Seller Policy and the Buyer Policy, displayed on the Site or otherwise communicated by Cirkle Technology, Inc. from time to time to Members.
In the event of inconsistency, these Terms and Conditions prevail over any Policies.
2. Terms of Service
The Platform is intended solely for persons who are 18 or older. Any access to or use of the Platform by anyone under 18 is expressly prohibited. By accessing or using the Platform, you represent and warrant that you are 18 or older.
By using the Platform, you agree to comply with and be legally bound by the terms and conditions of these Terms and Conditions of Service ("Terms"), whether or not you become a Member or user of the Services. These Terms govern your access to and use of the Platform and all Collective Content and constitute a binding legal agreement between you and Cirkle Technology, Inc.
If you are entering into these Terms on behalf of any other person and/or entity, you warrant and guarantee that you have the full right and authority to do so. If you do not have such authority, all your Site, Services, and Platform activity will be considered a breach of these Terms.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Platform.
3. Licence
By accepting these Terms, the Member is granted a limited, non-exclusive, and revocable license to access the Platform under these Terms.
You agree to only use the Platform and Materials for their intended legal purposes and shall not use any or all of them to engage in any conduct that is unlawful, immoral, threatening, abusive, or in a way that is deemed unreasonable by Cirkle Technology, Inc. in its sole and unfettered discretion.
Cirkle Technology, Inc. may revoke, suspend, or terminate the Member’s license in its absolute discretion for any reason that it sees fit, including for breach of these Terms by the Member or any of its users and where the Member’s ratings are not considered acceptable by Cirkle Technology, Inc. Cirkle Technology, Inc. will ordinarily advise the Member of any suspension or revocation; however, it is under no obligation to do so.
Your license to access the Platform and Materials shall be ongoing unless terminated by Cirkle Technology, Inc. under these Terms.
4. Disclaimer
The information contained on the Platform is provided in good faith on an "as is" basis. Cirkle Technology, Inc. does not represent or warrant the reliability, accuracy, or completeness of the information contained on the Platform or in the Collective Content.
You understand and agree that Cirkle Technology, Inc. is not a party to any agreements entered into between the Seller and the Buyer, nor is Cirkle Technology, Inc. a broker, agent, or insurer. Cirkle Technology, Inc. has no control over:
The content contained in any Sales Listing;
The content contained in any Member Content;
The existence, condition, quality, safety, legality, or genuineness of any Goods;
The truth or accuracy of any pictures or descriptions of any Goods;
Any discussions, negotiations, and/or agreements between the Seller and the Buyer;
The ability of Sellers to sell Goods;
The ability of Buyers to purchase Goods;
The ability of Buyers to pay for the Goods;
The ability of the Seller and/or Buyer to actually complete a transaction or return Goods.
Cirkle Technology, Inc. disclaims all liability in this regard. All sales and/or purchases are made or accepted at the Member’s own risk.
5. Platform Intellectual Property
You acknowledge and agree that the copyright in the Platform content and the software, design, text, and graphics comprised in the Site and Platform, the selection and layout of the Site and Platform, the content and materials on the Site and Platform, and all other Intellectual Property in connection with the Platform (together, the "Materials") are owned by or licensed to us.
You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way, or communicate to the public the Materials without our prior written consent.
6. Viruses
Cirkle Technology, Inc. does not represent or warrant that any information, files, or Collective Content obtained from, through, or in connection with the Platform is free from viruses or other faults or defects. You are responsible for scanning any information, files, or Collective Content for viruses.
You agree that Cirkle Technology, Inc. has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential, or economic), regardless of cause, negligence, or otherwise, which may be the direct or indirect result of any virus, fault, or defect transmitted from, through, or in connection with the Platform or the Collective Content.
7. Registration
The Platform may be used to facilitate the sale and/or purchase of Goods between Sellers and Buyers.
When registering on the Platform and creating an Account, you may use the Platform as a Seller or Buyer. To access our Services, you must set up an Account with your name, email, and password. Cirkle Technology, Inc. encourages you to use a strong password (passwords that use a combination of upper and lower case letters, numbers, and symbols).
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party. Accounts are personal to a Member and can only be accessed by the Member and/or their personnel. You agree to take sole responsibility for any activities or actions under an Account, whether or not you have authorized such activities or actions.
Cirkle Technology, Inc. reserves the right to accept or reject your request to register for an Account at its sole discretion.
8. Using the Platform
The Member acknowledges and agrees that:
The Member will not breach any laws, third-party rights, these terms and conditions, and/or any Policies.
The Buyer will not fail to pay for items purchased by the Buyer unless the Buyer has a valid reason (i.e., the Buyer cannot contact the Seller).
The Member will not post false, inaccurate, misleading, deceptive, or defamatory content.
The Member will not transfer the Account to another party.
The Member will not infringe any Intellectual Property Rights belonging to Cirkle Technology, Inc. and/or any other third party or post content that does not belong to them.
9. Sales Listing Fee (if applied)
The fee we charge for using our Services is the Sales Listing Fee.
To create a Sales Listing, you may be asked a variety of questions about the Goods. Sales Listings will be made publicly available via the Platform. Buyers will be able to purchase your Goods via the Platform based upon information provided in your Sales Listing.
On submitting a request for a Sales Listing on the Platform, you will be required to supply payment information to Cirkle Technology, Inc. (or an authorized billing representative). All Payment Details supplied to Cirkle Technology, Inc. will be retained and used in accordance with these Terms and the Privacy Policy available on the Site. Failure to pay the Sales Listing Fee as and when due may result in the rejection of your request for a Sales Listing and/or your Account being suspended or terminated.
All fees and charges shown on the Platform are in U.S. Dollars (USD) and are inclusive of any applicable taxes (unless otherwise indicated).
If the Seller cancels a Sales Listing once paid for, the Seller will not be entitled to a refund of the Sales Listing Fee on a change of mind basis.
10. Selling
As a Seller, you may create a Sales Listing for each sale of Goods. When listing Goods, the Seller acknowledges and agrees that:
The Seller is responsible for the accuracy and content of the Sales Listing and Goods offered.
The Seller must include clear and accurate descriptions, including any defects or flaws in the Goods.
The Seller must include large and clear photographs of the actual Goods for sale.
The Seller must provide an accurate retail price of the Goods.
The Sales Listing may not be immediately searchable for several hours.
Any Member Content that violates these terms may be modified and/or deleted at Cirkle Technology, Inc.’s sole discretion.
Cirkle Technology, Inc. reserves the right, at any time and without prior notice, to remove or disable access to a Sales Listing for any reason.
11. Postage and Delivery
The Buyer acknowledges and agrees that:
The Buyer is responsible for all postage and delivery costs, including insurance.
Cirkle Technology, Inc. recommends that the Buyer purchase insurance for the delivery of the Goods.
Cirkle Technology, Inc. is not liable for any delays, stolen Goods, or Goods lost in transit.
12. Buying
The Buyer acknowledges and agrees that:
The Buyer is responsible for reading and understanding the Sales Listing before purchasing Goods.
The Buyer is entering into a legally binding contract when purchasing Goods.
Cirkle Technology, Inc. does not transfer legal ownership of Goods from the Seller to the Buyer.
13. Your Obligations
You covenant and warrant that:
All information provided by you is true, accurate, complete, and up to date.
You will comply with all relevant laws relating to your use of the Platform.
You will ensure that login information is kept secure.
You will promptly notify Cirkle Technology, Inc. of any unauthorized use of your Account.
14. Responsibility, Rights, and Modification of Member Content
Cirkle Technology, Inc. reserves the right to filter, modify, publish, and remove Member Content on the Platform.
15. Termination
Members may terminate their access by ceasing to use the Platform and requesting cancellation of their Account.
Cirkle Technology, Inc. may suspend or terminate these Terms in its sole discretion.
16. Warranty and Limitation of Liability
To the maximum extent permitted by law, Cirkle Technology, Inc. does not warrant the suitability of the Platform.
17. Indemnity
You assume all responsibility for your use of the Platform and indemnify Cirkle Technology, Inc. against any claims.
18. Disputes in Relation to the Services
If you have a dispute in relation to the Services, please contact us at support@cirkletech.com.
19. Disputes Between Members
Cirkle Technology, Inc. is not a party to any sale and/or purchase of Goods between Members. Members must resolve disputes between themselves.
20. Links
The Platform may contain links to third-party websites. Cirkle Technology, Inc. is not responsible for the content of such websites.
21. Amendments
Cirkle Technology, Inc. reserves the right to amend these Terms at any time.
22. General Provisions
If any provision of these Terms is void, the remainder of these Terms shall have full force and effect.
23. Privacy Policy
Refer to the Cirkle Technology, Inc. Privacy Policy available on the Site.
24. Additional Terms
These Terms are subject to additional policies advertised on the Platform.
25. Definitions and Interpretation
In these Terms:
"Account" means the Member account used to sign up and receive Services.
"Buyer" means a Member who requests and/or accepts to purchase Goods from a Seller.
"Goods" means the photocards offered for sale.
"Member" means an unregistered user of the Platform or a person/entity that signs up.
"Sales Listing" means a listing created by a Seller to sell Goods.
"Seller" means a Member who offers and/or accepts to sell Goods.
"Services" means the online platform for the provision of services provided by Cirkle Technology, Inc.
"Site" means https://cirkletech.com/.
"Terms" means these Terms and Conditions of Service.
These Terms and Conditions constitute the entire agreement between you and Cirkle Technology, Inc.
