Last updated: 24 August 2021
Information about Circulate AB
These terms and conditions (the "Terms") are applicable to all services provided by Circulate AB (Reg. No. 559325-6737) "Circulate AB", "us", "our" or "we").
By "you"" we mean the legal entity that is ordering Services under these Terms, any of your affiliates together with you and your affiliates’ employees and representatives.
When we refer to the "parties" we mean you and us together.
You may contact us by using any of the contact details set out below "Contact Information"):
Email address: email@example.com ("Contact Information").
Agreeing to the terms
By creating an Account and using the Services you agree to the Terms. Please make sure that you have read and understood the Terms beforehand. If you do not agree to these Terms, you must not create an Account or use the Services.
"Account" means the account that you register and create on the Site.
"Contact Information" means the information set out above.
"Functions" means the Site, your Account and the Services, jointly.
"Services" means the services described under section "Services" below which we have made available through the Site, together with any such other related goods, equipment, services and information made available by us to you.
"Site" means our website (https://www.circulate8.com) relating to the Services.
Description of the services
We provide a marketplace for sustainable packaging (the "Services"). More information about the Services can be found on the Site.
Setting up an account
For ordering of the Services, you must create an Account. You are not allowed to transfer the Account to others, and you may only sign up one (1) Account. Once an Account has been successfully created, and payment has been made where prepayment is required, the Services will be available and ready to use or order, as instructed on the Site.
The Services shall be ordered in accordance with the instructions on the Site.
Our confirmation of your order will take place when we email you, at which point a contract will come into existence between you and us.
Delivery of services
During the order process we will let you know when and where we will provide the Services to you.
We offer the Services to companies and other legal entities. You warrant that you are authorised to enter into these Terms on the behalf of the legal entity as well as to use all Functions.
These Terms constitute the entire agreement between us in relation to the Services. You warrant that the persons ( e.g. employees and representatives) you authorise to create Accounts and use the Services have read and understand the Terms. You are at all times responsible for the use of Services under these Terms, including by such persons - as if it was you using the Services.
Use of the functions
When you use the Functions, you must always comply with all applicable laws, regulations and public orders. You shall not access the Site other than through interfaces provided by us and as otherwise expressly authorised under these Terms. You may not use the Functions in a manner contrary to our, or any third party’s, rights and interests. You agree to comply with all instructions and recommendations provided by us from time to time.
You agree to be responsible for all activities that occur under your Account. Credentials for your Account must be kept secure at all times and you are forbidden to share data relating to your Account with any third parties. Should you suspect that your Account or your credentials have been or are being used by a third party you must contact us immediately by using any of our Contact Information.
You also agree not to:
- Defame, abuse, harass, threaten or otherwise violate the legal rights of any third party or us;
- Publish, post or - in any other way express - any material or information that is inappropriate, defamatory, infringing, obscene, pornographic, racist, terrorist, politically slanted, indecent or unlawful;
- Contribute to destructive activities such as dissemination of viruses, spam or any other activity that might harm us, the Site in any way;
- Monitor the Services’ availability, performance or functionality for any competitive purpose, meaning, for example that you agree not to access the Services for the purpose of developing or operating a competitive product or service or copying the Services’ features or user interface; or
- Resell or in any way redistribute results generated in the Site or use the Services in order to create a competing service or product.
We may have to suspend the supply of any of the Functions to:
- Deal with technical problems or make minor technical changes; or
- Update changes to the Functions to reflect changes in applicable laws regulatory requirement.
We will contact you in advance in the event we need to suspend the supply of any Service. This does not apply if the problem is urgent or an emergency.
We are entitled to decline or adjust an order from you and close down your Account in the event that you provide us with untrue, inaccurate, not current, or incomplete information when creating your Account. This shall also apply if you fail to comply with these Terms (for example if you have not paid for the Services in time) or other mandatory provisions by law. Upon occurrence of any of these events, we will contact you and request that you remedy your breach of these Terms.
Your provision of content
The Site include(s) functions for uploading and storing of files and other information provided or created by you ("Content"). You are responsible for all distribution and other actions by you and in your.
By adding Content to the Site, you warrant that you are a) the owner of the uploaded Content or b) entitled to manage the Content in such way and that the Content or your use of the Content in no way violates any applicable legislation. We will not supervise whether any Content is lawfully uploaded or distributed through the Site.
By adding Content to the the Site, you are aware that, depending on the settings of your Account, such Content might be shared with others. We do not take any responsibility with regards to the validity of Content provided or created by you.
PRICES AND PAYMENT
You must pay all applicable fees as set out and described on the Site for the Services that you have selected. The prices for the Services are set out on the Site and include any explicitly set out relevant delivery costs, value added tax (VAT) or other fees and taxes. The price of the Services provided to you will be the price indicated on the order pages when you placed your order.
We have the right to change the prices for the Services. If we change the prices, we will notify you in advance. By continuing to use the Service after the price change takes effect, you are bound by the new prices. If you have been offered Services for a specific term and price, that price will remain in force for that agreed time.
Payment for the Services can be made in accordance with what is set out below.
We currently offer payment via invoice.
We are entitled to perform a credit control when this is needed in order to be able to offer you a credit period.
You agree to pay within the set time for the payment method you choose. We have the right to close down your Account until you have paid for all the charges incurred by you. Payment after due date can entail late payment fees and interest.
We do not accept returns of the orders delivered.
Right to cancel orders
Circulate reserves the right to cancel any orders within 48 hours.
TERM AND TERMINATION
The term for our Services commences upon ordering of the Services and shall remain in force until terminated by you with immediate effect.
To terminate the Services per e-mail or by contacting us using the Contact Information.
Upon termination, your right to access the Services will be revoked immediately. We will also delete or anonymise any personal information about you, with exception for any personal information that we are required to keep by law.
Any Services still ongoing upon termination shall be carried through in accordance with these Terms. Obligations arising from any breach of contract during the term of these Terms shall not be affected by termination.
We reserve the right to terminate the contract with you if you:
- Breach or otherwise violate these Terms or any other provisions set up by us; or
- Use the Site, or the Services in any way that does not comply with the intended purposes or is otherwise harmful for us or any third person.
Our liability to you will be limited as follows:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for Services under the applicable order/contract.
We are not liable for damages unless you notify us in writing thereof no later than three (3) months after you noticed or should have noticed, the actual damage, however no later than six (6) months from when the damage occurred.
Defects and delays beyond our control (force majeure)
We are not responsible for delays and defects outside our control. If our suppliers are delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this we will not be liable for defects and delays caused by the event, but if there is a risk of substantial defect or delay you may contact us to end the agreement and receive a refund for any Services you have paid for but not received.
During the term of these Terms and thereafter, the parties undertake not to disclose to any third party information regarding these Terms, nor any other information that the parties have learned as a result of these Terms, whether written or oral and irrespective of form ("Confidential Information").
The parties agree and acknowledge that the Confidential Information may be used solely for the fulfilment of the obligations under these Terms and not for any other purpose. The receiving party further agrees to use, and cause its directors, officers, employees, sub-contractors or other intermediaries to use, the same degree of care (but not less than reasonable care) to avoid disclosure or use of Confidential Information.
The confidentiality undertaking above shall not apply to any Confidential Information that the Receiving Party can establish is or becomes available to the public (otherwise than by breach of this Agreement or any other confidentiality undertaking.
Each party also undertakes to ensure that any information disclosed under this section, to the extent possible, shall be treated confidentially by anyone receiving such information. This confidentiality undertaking shall remain in force three (3) years the termination of the Terms.
CHANGES & ADDITIONS
We may modify these Terms at any time. In the event of changes which are not minor and may affect you, you will be notified via email. You are responsible for keeping yourself informed of any changes to the Terms. The latest version of the Terms will be available on the Site. Amendments to the terms and conditions become effective the business day following the day they are posted.
All new functionalities, features and content introduced and added to the Services, the Site will be subject to what is stipulated in the Terms.
COMPLAINTS AND CUSTOMER SUPPORT
If you have any complaints, please contact our support department by using any of our Contact Information.
You acknowledge that you are the data controller for any personal data processed by us on your behalf in conjunction with your use of the Services. You also acknowledge that we are considered as your data processor; therefore, by agreeing to the terms we enter into the data processing agreement (Appendix DPA), which shall remain in effect for as long as we process personal data on your behalf.
PROPERTY AND INTELLECTUAL PROPERTY RIGHTS
The Site is owned and operated by Circulate AB. All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held and used by us as well as those presented in the Functions (including titles, graphics, icons, scripts, source codes etc) are our property or third party licensors’ property and must not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without our written consent.
The Circulate AB grants you a non-exclusive right and licence to use the Site, and the Services for the sole purpose of us providing the Site, and the Services to you. Upon expiry or termination of this agreement, this right and licence shall end.
Respect for our property
You must not tamper with, attempt to gain unauthorised access to, modify, hack, repair or otherwise adjust any of our material, hardware, source-codes or other information for any purposes.
Respect for our intellectual property
The Services and other information, including all associated intellectual property rights, provided and made available by us, remain our exclusive property. You may not use our exclusive property for commercial or any other purposes without our written consent.
GOVERNING LAW AND DISPUTES
Swedish law shall apply to these Terms.
Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be finally settled by by the competent ordinary court.
Circulate AB is an entity registered in Sweden.
Registered address: Ynglingagatan 25, 113 47 Stockholm
Reg. No.: 559325-6737
VAT No.: SE559325-673701