CONDITION OF USE
Circaleur (ABN 31 382 100 519) provides website features and other products and services to you when you visit or shop at circaleur.com (the "website"), use Circaleur products or services, or use Circaleur applications for mobile. The Circaleur Services include the information, content, materials, products, and software included on or otherwise made available to you through the Circaleur Services and references to the Circaleur Services in these Conditions of Use include any or all of these. Circaleur provides the Circaleur Services and sells our products to you subject to the conditions set out on this page.
Please read these conditions carefully before using Circaleur Services. By using Circaleur Services, you agree to be bound by these conditions. We offer a wide range of Circaleur Services, and sometimes additional terms may apply. When you use a Circaleur Service (for example Circaleur applications for mobile), you will also be subject to the terms and conditions and policies applicable to that Circaleur Service ("Service Terms"). Our help pages contain Service Terms and other important information relating to your use of the Circaleur Services. If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
1. PRIVACY
Please review our Privacy Notice for information about how we collect, use, disclose and otherwise process information about you..
2. ELIGIBILITY
If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept this Agreement in your name and on your behalf.
You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Site. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time.
We continually test new features, functionalities, services, user interfaces and Products that we are considering incorporating into or providing through our Site. We reserve the right to include or exclude you from these tests without notice.
You are solely responsible for ensuring that your use of the Services complies with all laws, rules and regulations applicable to you. If the applicable law in the country in which you reside requires that you must be older than 13 to receive certain Services, then the minimum age is the legally required one. If you are a minor, you may wish to consult your parents about what portions of the Services are appropriate for you. The right to access the Site is revoked where this Agreement or use of the Site is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
3. REGISTRATION
3.1 You may register for an account on the Site (an "Account") or log in using your Facebook or other social media login information. To use certain portions of the Site, you are not required to sign up for an Account. However, certain features of the Site, such as accessing your order history, require you to register for an Account. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's Account or registration information for the Site without permission. You must notify us immediately of any change in your eligibility to use the Site, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You have the ability to delete your Account at any time, as described in our Privacy Policy.
4. TRADEMARK
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Circaleur Service are trademarks or trade dress of Circaleur. Circaleur's trademarks and trade dress may not be used in connection with any product or service that is not Circaleur's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Circaleur. All other trademarks not owned by Circaleur that appear in any Circaleur Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Circaleur. You may not frame or use framing techniques to enclose any trademark or logo (including images and text) of Circaleur without our express written consent. You may not use any meta tags or any other "hidden text" utilising Circaleur's names or trademarks without our express written consent.
5. RIGHTS OF ACCESS AND USE
Circaleur or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and make personal and non-commercial use of the Circaleur Services. The right granted to you does not include any license or permission to use the Circaleur Service or any part thereof for the benefit of any third party, or to resell or make any commercial or derivative use of any Circaleur Service or any part thereof.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Circaleur or its licensors, suppliers, publishers, rights holders, or other content providers.
You may not misuse the Circaleur Services. You may use the Circaleur Services only as permitted by the relevant Service Terms and in accordance with law. Without limiting any other rights we have at law and under these Conditions of Use or the relevant Service Terms, the access and use rights granted by Circaleur under these Conditions of Use terminate if you do not comply with this Section 6.
6. YOUR ACCOUNT
You are responsible for maintaining the confidentiality of your account and password. Except to the extent caused by our breach of this Agreement, you are responsible for all activities that occur under your account regardless of whether the activities are authorized by you or undertaken by you, and we are not responsible for unauthorized access to or use of your password or account. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorised manner. You must ensure that the details you provide to us are correct and complete, and inform us of any changes.
You may not use any Circaleur Service: (i) in any way that causes, or is likely to cause, any Circaleur Service, or any access to it to be interrupted, damaged or impaired in any way, (ii) in any way that may interfere with or harm any other user of a Circaleur Service; (iii) for fraudulent purposes, or in connection with a criminal or other unlawful activity, or (iv) in any manner that is not permitted under these Conditions of Use and the relevant Service Terms.
If we have concerns with your account, or activity relating to your account, or if you are in breach of applicable laws, these Conditions of Use, or the relevant Service Terms, we reserve the right to take action on your account in accordance with these Conditions of Use, and the relevant Service Terms, including without limitation by (i) refusing service, (ii) suspending or restricting access to your account, (iii) terminating your account, or (iv) removing or editing content you post using your account. The action we elect to take and any notice you may receive will vary depending on the Circaleur Service, the circumstances and our assessment of relevant factors. Suspension or termination of an Circaleur Service may occur in connection with, or result in suspension or termination of other Circaleur Services. At any time, you may, in accordance with the applicable Service Terms and using the tools and settings we make available to you for each Circaleur Service, cease using any Circaleur Service, terminate your account or the Circaleur Service, or remove or edit certain content and material you post (each as permitted by that Circaleur Service).
7. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors may post reviews, comments and other content; send communications; and submit suggestions, ideas, questions or other material, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You must not post or send any content that contains software viruses, or that comprises political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any such content or communication. We reserve the right (but not the obligation) to remove or edit such content.
If you post content or submit material, and unless we indicate otherwise, you grant: (a) Circaleur a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) Circaleur, its sublicensees and transferees the right to use the name that you submit in connection with such content if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, as applicable, you: (i) consent to any infringement of; and (ii) agree to waive, any right you have to be identified as the author of such content and any right you have to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Circaleur, at our request.
You are responsible for your content and you represent and warrant that you own or otherwise control all of the rights to the content and material that you post and that, as at the date that the content or material is posted it: (i) is accurate; (ii) complies with these Conditions of Use and any applicable Service Terms; and (iii) does not breach any applicable laws. You agree to indemnify Circaleur for all claims brought by a third party against Circaleur arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to remove the content or material when we receive from a relevant party a valid Notice Form as described in these conditions relating to the content or material.
8. INTELLECTUAL PROPERTY CLAIMS
Circaleur respects the intellectual property of others. If you believe that an item or information on any Circaleur Service infringes your intellectual property rights, please contact us via e-mail: bonjour@circaleur.com.
9. SANCTIONS AND EXPORT POLICY
You may not use any Circaleur Service if you are the subject of Australian sanctions or of sanctions consistent with Australian law imposed by the governments of the country where you are using Circaleur Services. You must comply with all Australian or other export and re-export restrictions that may apply to goods, software, technology, and services.
10. OTHER BUSINESSES
Parties other than Circaleur operate stores, provide services, or sell products on this website and we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or accept any responsibility or liability for the actions or offerings of, any other party or the content of their websites. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.
11. CIRCALEUR'S ROLE
Circaleur, through Circaleur Marketplace, allows third-party sellers to list and sell their products on Circaleur.com. The relevant seller is indicated on the respective product detail page. While Circaleur helps facilitate transactions that are carried out on the Circaleur Marketplace, Circaleur is neither the buyer nor the seller of the seller's items. Circaleur provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third-party products is solely between the buyer and seller. Circaleur is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller's agent (except for the limited purpose of acting as the seller’s payments collection agent). The buyer satisfies their obligations to the seller when Circaleur receives sale proceeds. The seller is responsible for the sale of their products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.
12. DISCLAIMER AND LIABILITY
Unless otherwise specified in writing, Circaleur disclaims, and does not make, any representation or warranty of any kind in respect of the Circaleur Services including without limitation any representation or warranty (i) that they are free of viruses or other harmful components; (ii) that your use of the Circaleur Services will be uninterrupted or error-free; or (iii) as to the suitability or availability of the Circaleur Services.
Circaleur will not be responsible for: (i) losses arising from the unavailability of, or your inability to use any Circaleur Services), (ii) losses that are not directly caused by any breach on our part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iv) any indirect or consequential losses; (v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. For any other loss relating to a Circaleur Services, we limit our liability to the amount you have paid to us for the relevant Circaleur Service.
Nothing in these conditions is intended to (i) override any express commitments Circaleur gives to you for particular Circaleur Services (for example, commitments Circaleur gives to provide a refund of fees in certain circumstances) or (ii) exclude, restrict or modify any right or remedy you have in statute including under the Australian Consumer Law or otherwise to the extent that that right or remedy cannot be excluded, restricted or modified under law. Any disclaimer, exclusion, or limitation in these conditions applies as provided for in these conditions to the full extent permitted by law and subject to any such non-excludable right or remedy.
13. APPLICABLE LAW
The laws of New South Wales govern this Agreement and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Agreement will only be adjudicated in the courts of New South Wales. Each party consents to the exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party's, its affiliates' or any third party's intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement. If you would like to bring a matter to our attention, please contact us.
14. CIRCALEUR SERVICES
We reserve the right to cease providing any Circaleur Service to you, to discontinue any Circaleur Service and to make changes to any Circaleur Services at any time. Your access to Circaleur Services may be suspended or restricted in accordance with these Conditions of Use and the applicable Service Terms, and as necessary for our business operations including without limitation to allow for repairs, maintenance or the introduction of new features or services.
15. AMENDMENTS
We reserve the right to make changes to any Conditions of Use and Service Terms at any time by posting the changes on our website. You will be subject to the Conditions of Use and Service Terms made available on the website at the time that you use the Circaleur Services. You may at any time, cease using any Circaleur Services, terminate your account or the relevant Circaleur Service (in accordance with Section 6) including in the event of any such change.
16. SEVERABILITY
If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
17. WAIVER
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
18. OUR CONTACT DETAILS
- For general inquiries: Contact us
Contact information relating to other Circaleur Services or the Affiliate that provides the Service may differ and can be found in the relevant Service Terms.
19. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHTS INFRINGEMENTS
If you believe that your rights are being infringed, please contact us immediately. We respond expeditiously to rights owners and their agents who complete and submit the Form to communicate concerns about any alleged infringement.
Upon receipt of a Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Furthermore, in submitting a Form, you grant Circaleur the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Circaleur for all claims brought by a third party against Circaleur arising out of or in connection with the submission of a Form.
Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on circaleur.com and are posted solely at the direction of Third Party Sellers who may be contacted via their Seller Information page, accessible from any of their listings.
Important Warning: giving false, misleading or inaccurate information in the Notice Form to Circaleur may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
20. ADDITIONAL CIRCALEUR SOFTWARE TERMS
1. Use of the Circaleur Software. You may use Circaleur Software solely to use and enjoy the Circaleur Services as provided by Circaleur, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Circaleur Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Circaleur Software or otherwise assign any rights to the Circaleur Software in whole or in part. You may not use the Circaleur Software for any illegal purpose. We may cease providing any Circaleur Software and we may terminate your right to use any Circaleur Software at any time. Your rights to use the Circaleur Software may be terminated without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third-party terms contained within or distributed with certain Circaleur Software that are specifically identified in related documentation may apply to that Circaleur Software (or software incorporated with the Circaleur Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Circaleur Service is the property of Circaleur or its software suppliers and protected by applicable laws protecting copyright and other intellectual property rights.
2. Use of Third-Party Services. When you use the Circaleur Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.
3. No Reverse Engineering. Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorise any other person to copy, modify, reverse engineer, decompile or disassemble, otherwise tamper with, or bypass any security associated with the Circaleur Software, whether in whole or in part, or create any derivative works from or of the Circaleur Software.
4. Updates. In order to keep the Circaleur Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.