CIRCULAR NET TERMS OF SERVICE

 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS PLATFORM OR ENGAING US TO PROVIDE SERVICES

Circular Net is a platform designed to promote sustainability and environmental action by enabling environmentally conscious individuals, organizations and businesses to connect, share their sustainability efforts and inspire environmental awareness.

These Terms of Service (“Terms”) governs your access and use of the Circular Net platform including this website, all features, functionality, applications, communications and other services offered from time to time (the “Services”). By accessing or using the Services you agree to be bound by these Terms. If you are a business or organization, please read our Terms of Service for Business Users.

These Terms constitute an agreement between Circular Net Limited (we, us and our) with our office at 3 Agu Close, Joint Estate,  Lagos. and the User (you).

1. Acceptance of Terms

By accessing or using our Services, you represent that you have read, understood and agree to be bound by these Terms, as well as our Privacy Policy. You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms and other applicable terms, and that they comply with them. If you do not agree, please discontinue the use of our services immediately.

We recommend that you print a copy of these Terms and Conditions for future reference.

2. Eligibility

You must be at least 18 years old to use our Services. Our Services are not directed to persons under the age of 18 years or under the minimum age at which a person may use our Services without parental consent in your jurisdiction, if such minimum age is older than [18] years.  

Age limitation for residents of the European Economic Area (EEA), United Kingdom (UK) and Canada: Due to legal requirements, we do not allow the use of the Services by residents of EEA or the UK younger than 16 years old.

3. Your Account
   • You need to create an account to use our Services. By creating an account, you agree to:
     • provide us with accurate, complete and up to date information for your account;
     • create a strong password and keep it confidential;
     • use two-factor authentication;
     • not share or transfer your account or any part of it.
   • You agree that you are responsible for any activity that occurs in and through your account. If you suspect a misuse of your account, please report such misuse at Info@thecircularnet.com.
4. Membership

Membership on our Services is made up of two types – Basic and Premium. Users may access the basic features free of charge. However, you may be required to pay to access some additional features, benefits and/or services.

5. Premium Membership
   • Our premium service is an opt-in, paid subscription membership that offers additional features and functionality such as [ ] (Premium Services).
   • Premium subscribers may choose from multiple tiers to access different features and at different prices.
   • We may add new items into or change our Premium Services from time to time. In such cases, your access to those features is further subject to their specific terms of service.
   • We may also remove some of the existing Premium Services if we are no longer able to provide them for legal or technical reasons. In addition, some Premium Services may become free of charge for all users in the future or be offered as a separate membership tier.
6. Fees and Payments
   • If you subscribe to our Premium Services, you agree to pay the applicable fees which may be recurring monthly or yearly payments and will be paid to us using your preferred payment method until the subscription is cancelled by either you or us. Failure to pay the fees may result in the cancellation of your subscription.
   • Your payment information will be automatically processed at the start of each subscription period. If your payment method is declined, you must provide new payment information or your premium subscription will be cancelled. If you provide new payment information and are successfully charged, your new subscription period will be based on the original renewal date and not the date of the successful charge.
   • We may store and continue billing your payment method even after it has expired to avoid interruptions in your subscriptions. You may change or update your payment method.
   • We have the right to change our fees in effect on renewal of your subscription, to reflect factors such as changes to our business, different product offerings, or new economic conditions. We will notify you of any changes to our fees no less than [30 days]’ in advance to afford you the opportunity to cancel your subscription before the new fee comes into effect.
   • Users in certain regions may be required to pay local taxes, which will be calculated and added to the total cost of a purchase. Payment providers may apply their own commissions and conversion rates to payments in various currencies.
7. Cancellation and Refunds
   • You can cancel your premium subscription at any time. Your subscription automatically renews unless you cancel at least [24 hours] before your subscription period ends.
   • To cancel your subscription, follow the instructions in the [premium section in the Settings of your account]. If you purchased your premium subscription using Google’s in-app purchasing, you may only cancel your subscription via the Google Play Store by visiting the Subscriptions section of Google Play. If you purchased your premium subscription using Apple’s in-app purchasing, you may only cancel your subscription via the Apple App Store by visiting the Subscriptions section of the Apple App Store.  
   • If you cancel your subscription, your subscription will remain active from the time you cancel until the end of your current subscription period and you will not receive a refund or credit for any remaining days in your current subscription period, unless required by law.
   • By issuing a chargeback or refund request for premium subscriptions paid for through a third party, you grant us permission to release necessary data to that third party regarding your account status and your premium purchases.
8. Taxes and Fees
   • You are responsible for and agree to pay any applicable taxes, duties, tariffs including data plans, internet fees, and other fees related to the use of our Services including those required to be paid either to us or a third-party payment processor.
   • Depending on your location, we may be responsible for collecting and reporting information related to transaction taxes arising from your premium purchase. You grant us permission to provide your account and personal information to relevant tax authorities to fulfil our tax collection and reporting obligations.
9. Content Creation And Community Guidelines

Our platform is focused on sharing, promoting and educating about sustainability. Therefore, by using our service, you agree to:

• create and share content that is relevant to sustainability and that promotes a positive environmental or social impact;
• create and share content that is accurate and verifiable;
• conduct yourself in a professional and respectable manner in your engagements with other users;
• refrain from posting content that may be harmful, threatening, obscene or that otherwise violates the rights of other users.

10. Ownership of Content
    • Our Service lets you create, submit, share or post certain content including but without limitation to pictures, videos, news, articles, graphics, links or other material and so on (Content). You are the owner or licensee of any content you create, submit or post on and through our Services.
    • You grant us a worldwide, non-exclusive, transferrable, sub-licensable, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your Content in any and all media or distribution methods now known or later developed, including the rights to curate, transform, and translate.
    • This license authorizes us to make your Content available to the rest of the world and to let others do same. You agree that this license includes the right for us to provide, promote, and improve our Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the broadcast, distribution, repost, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. You are not entitled to any compensation for such additional uses by us, or other companies, organizations or individuals, with respect to the Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein.
    • You represent and warrant that you have, or have obtained, all necessary rights and permission to grant us the rights herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
11. Rights That We Grant You
    • Subject to your acceptance of, and compliance with, these Terms, we grant you a non-exclusive, revocable, non-assignable, non-sublicensable, non-transferable right to access and use the Services.
    • Nothing in these Terms gives you a right to use our trademarks, trade names, domain names, or other brand features (including without limitation CIRCULAR NET, our logo) without our prior approval. We and our licensors reserve all rights not expressly granted in these Terms.
    • We reserve the right at all times (but will not have an obligation) to remove or refuse to publish any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
      • satisfy any applicable law, regulation, legal process or governmental request,
      • enforce these Terms, including investigation of potential violations hereof,
      • detect, prevent, or otherwise address fraud, security or technical issues,
      • respond to user support requests, or
      • protect the rights, property or safety of our Services, its users and the public.

12. Rewards

Users will earn points and get rewarded with tokens for participation in sustainability related projects. We reserve the right and in our sole discretion to determine the criteria for the issuance of Tokens and the value of each Token.

13. Availability, Suspension or withdrawal of our Services

We strive to make our Services available for all users all the time. However, we do not guarantee that it or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our services for business and/or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

14. Restrictions On Your Use of the Services

When using our Services, you must not:

• copy, modify, reproduce, transmit, alter, distribute, adapt or create a derivative work of all or any part of the Services or any content on our Services, unless expressly permitted in these Terms;
• use our Services or any content or information derived from the use of our Services in any way which competes with us and our business;
• hack, make unauthorised alterations to or introduce any viruses, worms, trojans or any material that is malicious or technologically harmful to our website by any means;
• disguise or interfere in any way with the IP address of the computer you are using to access the Services or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using whilst accessing the Services;
• use any data mining features, robots, spiders or similar data gathering and extraction tools to retrieve, index, scrape, or in any way gather content or data from the services, or otherwise circumvent the navigational structure or presentation of the service;
• circumvent, disable, override or otherwise interfere with any security-related features of our Service, or any other features that prevent or restrict use, copying, data mining or otherwise or enforce the limitations on the use of our Service;
• use the Service for any purpose that is unlawful, including any fraudulent use;
• use bots or other automated methods to access or engage with the service;
• use the Service to simulate communications from us or another service or entity to collect identity information, authentication credentials or other information; and
• use our Services in any manner that disrupts its operation or causes it to fail.

15. Reliance On Information On our Platform
    • While using our Services, you may encounter content or information that might be inaccurate, incomplete, misleading, illegal, offensive or otherwise harmful. We do not endorse, support, represent or warrant the accuracy, completeness, truthfulness, or reliability of any content or information posted on or through our service or endorse any opinions expressed via the service. All Content is the sole responsibility of the person who originated such Content. It is your sole responsibility to verify that the content or information on our Site that you wish to rely on is accurate, complete or up to date.
    • We have the right to remove Content that violates these Terms, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment.
16. Third Party Websites That We Link To

Our Services may contain links to other websites not controlled by us. These links are provided for your information only. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

17. Linking To Our Services
    • You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We may withdraw linking permission without notice.
    • You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our services in any website that is not owned by you. Our Services must not be framed on any other site.
18. Viruses
    • We do not guarantee that our service will be secure or free from bugs or viruses.
    • You are responsible for configuring your information technology, computer programmes and platform to access our Service. You should use your own virus protection software.
19. Our responsibility for loss arising from use of our Service
    • You expressly agree that access to and use of our Service is at your sole risk, and that our Service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. We exclude all implied conditions, warranties, representations or other terms that may apply to our Services or any content on it.
    • Under no circumstances will we be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable resulting from or arising in connection with:
      • anyone’s use of, or inability to use, our Service; or
      • anyone’s use of or reliance on any content or information posted on or through our Service.
    • Without affecting the generality of paragraph 2, we will not be liable for:
      • any harm to your computer system;
      • loss of data;
      • loss of profits, sales, business or revenue;
      • loss of anticipated savings;
      • loss of business opportunity, goodwill or reputation;
      • any indirect or consequential loss or damage; or
      • special, exemplary or punitive damages of any kind.
    • If for whatever reason any of paragraphs 1,19.2or 19.3 is held to be invalid, or unenforceable against you, our aggregate liability for any loss or damage arising out of or in connection with anyone’s use of, or inability to use our Services, or anyone’s use of or reliance on any content posted on or through our Services, (whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the greater of One Hundred Dollars (US $100) or three (3) times the applicable fees paid or payable to us during the one-month period before the event giving rise to the liability for premium subscribers. The existence of one or more claims will not increase this limit.
20. Availability, Suspension or withdrawal of our Service

We strive to make our services available for all users all the time. However, we do not guarantee that it or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our services including our business services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

21. Termination of Membership
    • If you no longer wish to use our services,you may do so at anytime by closing your account.
    • We may suspend or terminate your account at any time for any or no reason at all, and thereby these Terms, if:
      • you breach any term of these Terms;
      • you create risk or possible legal exposure for us;
      • our provision of the Services to you is no longer commercially viable;
      • we suspect that you have committed or have been involved in fraud, money laundering or other criminal activities;
      • you use our Services for a purpose for which the Services are not intended, or misuse our Services in any other way.
    • We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
22. Liability
    • You will be liable to us for any loss or damage suffered by us as a result of:
      • any breach by you of these Terms;
      • your negligence or wilful default; and
      • any fraudulent use or misuse by you of our Services.
    • We will be liable to you for any foreseeable loss or damage suffered by you as a result of:
      • any breach by us of these Terms;
      • our negligence or wilful default; or
      • fraud committed by us or our employees.
    • We will not be liable to you for:
      • any loss of profits, loss of opportunity, goodwill or reputation or wasted costs;
      • special, exemplary or punitive damages of any kind;
      • any indirect or consequential loss or damage; or
      • any loss or damage (whether or not this is foreseeable) arising from circumstances that are beyond our reasonable control.
    • Nothing in these Terms will exclude or limit our liability for death or personal injury caused by our negligence or fraud, or for any other liability that cannot lawfully be excluded or limited under applicable laws and regulation.
23. No Partnership or Agency

Nothing in these Terms shall constitute or be deemed to establish a partnership, agency relationship or joint venture between you and us.

24. Compliance with Law

In using and accessing our Services, you agree to comply with all applicable laws and regulations, and decisions, directives and guidelines of any regulatory authority or government agency with jurisdiction; and to conduct yourself in a professional and respectful manner in all your interactions with us and with other users of our Services.  

25. Governing Law

These Terms and Conditions and any dispute, difference or claim (including non-contractual disputes or claims) arising out of or in connection with them, including any question regarding their existence, validity or termination (Dispute) shall be governed and construed by the laws of the Federal Republic of Nigeria and, where state law is applicable, the laws of Lagos State of Nigeria.

26. Enforcement
    • The courts of Nigeria have exclusive jurisdiction to settle any Dispute. You agree that the courts of Nigeria are the most appropriate and convenient courts to settle Disputes.
    • Notwithstanding paragraph 1, we may commence proceedings relating to a Dispute in any other courts with jurisdiction. To the extent allowed by applicable laws, we may commence concurrent proceedings in any number of jurisdictions.
27. Waiver

If for whatever reason we do not enforce strict performance by you of any provision of these Terms or exercise any of our rights under these Terms, this will not be considered a waiver or relinquishment of our right to enforce or assert such provision or right in that or any other instance.

28. Cumulative remedies

Our rights under these Terms may be exercised as often as necessary, are cumulative and not exclusive of any rights or remedies provided by law.

29. Severance

If any provision of these Terms is or becomes invalid, illegal or unenforceable, it will be deemed deleted, but that will not affect the validity and enforceability of the rest of these Terms.

30. Assignment

You cannot assign or transfer any of your rights or obligations under these Terms without our prior written consent which may be withheld in our sole discretion. We may assign or transfer any of our rights or obligations under these Terms to any person we reasonably consider capable of performing them. We may also exercise any of our rights through any of our affiliates or a service provider we engage.

31. Other terms that apply to you
    • These Terms refer to our Privacy Policy, which also applies to your use of our Services. Our Privacy Policy sets out the terms on which we process any personal data we collect from you or that you provide to us. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate.
    • Your access and use of our Services may be subject to any additional guidelines, rules, terms and conditions applicable to our Services that we post on the services or otherwise communicate to you (Other Policies), which are hereby incorporated by reference into these Terms. If any provision of these Other Policies contradicts or is inconsistent with any provision of these Terms, the provision in the Other Policies will govern and prevail.
32. Amendments of these Terms
    • We may update or amend these Terms from time to time for any reason including without limitation:
      • to make these Terms clearer or easier to understand;
      • to reflect changes to the services we offer;
      • to reflect changes to our business policies or procedures; or
      • to reflect changes in law, regulation, industry guidance or a decision of a court or by a regulatory authority.
    • We will notify you of changes by any reasonable means, including by email or posting the revised version of these Terms on our website. Every time you wish to use our Services, please check these Terms to ensure you understand the terms that apply at that time. By continuing to access or use our Services after we make any changes to these Terms, you confirm that you accept such changes and agree to comply with them.
    • If you do not agree with a change that we make to these Terms you may terminate these Terms in accordance with paragraph 21(Termination of Membership).
    • Neither the course of conduct between you and us nor trade practice will act to modify these Terms. You cannot change or modify these Terms.
33. Effect of Termination

Upon termination of these Terms:

• you must destroy physical copies of, and remove from all computers and other storage media all information and documents that you received as a result of your use of our Site and/or Services.
• your representations, warranties and indemnity and any other provision which expressly or by their nature are designed to survive termination of these Terms, shall survive any termination of these Terms.

34. Construction and Compliance

The section and paragraph headings used are for convenience only and will not have any legal import. Upon our request, you will furnish us with any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against us by virtue of having authored it.

35. WHO WE ARE AND HOW TO CONTACT US  

The Services is operated by The Circular Net Limited. We are a limited liability company registered in the Federal Republic of Nigeria with company number [INSERT] and have our registered office at 3 Agu Close, Joint Estate,  Lagos.

To contact us, please email Info@thecircularnet.com or telephone us on +234(0703 347 3123). Alternatively, you can write to us at our registered office address.