CircularSociety Terms and Conditions

The aim of Circular Society (CS) is to be an inclusive and transparent community, true to the idea that “what affects you, affects me, affects the world.

We would like CS to be a platform specifically designed to encourage and help individuals and groups to better understand that we are all interconnected and that we need to collaborate more effectively and sustainably to maintain and create a world that is worth living in. We therefore expect that you post and share content and thoughts (e.g. about interconnectedness, science, leadership, collaboration, sustainability, good practices, etc.) that are relevant to the mission.

Therefore the below Do’s and Don’ts aim to ensure that the platform, its content and its users interact in a way that is in the best interest for the community, the individual, and the overall CS mission and development.

GENERAL TERMS AND CONDITIONS FOR USING CS

“CS” refers to the service provided subject to these General Terms and Conditions and/or Circular Society AG.

PREAMBLE

By becoming a Member or Premium Member of Circular Society, users agree to the conditions below.
The User enters into this agreement on the use of CS Services with Circular Society AG, Baarerstr. 14, 6300 Zug, Switzerland. Additional contact information and commercial registry data can be found under “Impressum”.
We ask the User to register and provide us with some personal data (see our Privacy Policy)
Some of this personal data will be visible to the members of the User’s community.
The User can cancel his or her membership by using available CS website functionality, by using the CS Website contact form or by sending an email to info@circularsociety.com
Content: As a Member / Premium Member of CS the User has access to a variety of different content. The User is also encouraged to post his or her own content, as well as share and learn with the community. The User’s own thoughts and stories are always welcome.

We want to share common values and interact on common basic values, which are mutual respect, transparency and ethical behaviors. Therefore, it is critical that we all sign up for a Code of Conduct, section 3.

1. SUBJECT MATTER

1.1 The CS Website offers registered users two options: a) a free private contact forum (membership in the free contact forum is hereinafter referred to as “Membership”), and b) a private paid communication forum (membership in the paid communication forum is hereinafter referred to as “Premium Membership”). Special paid memberships are memberships of the paid communication forum and will therefore also be referred to as “Premium Membership”.

1.2 The fees listed under “Registration” are binding. Payments for the entire term of Premium Membership shall be due immediately upon invoicing. Payment can be made using the available online payment system. If CS is unable to collect any fees from an account designated by the User due to lack of funds, the User shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges, insofar as the User is responsible for the event that triggers these costs.

1.3 Any use of the services and contents offered on the CS Website beyond the scope of options provided by CS requires the prior written consent of CS.

1.4 CS shall only make data and/or information provided by the User available for other uses provided that this data and/or information does not violate any laws or these GTC. CS is entitled to remove any illegal or prohibited data and/or information from the CS Website without prior notice to the User.

1.5 The User acknowledges and agrees that it is technically impossible to achieve 100% availability of the CS Website. CS shall nonetheless endeavor to keep the CS Website available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond CS’s control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on the CS Website. CS reserves the right to discontinue or interrupt the service at any time.

1.6 CS merely provides the User with a platform on which to establish contact with other users, and only provides those technical applications that allow users to contact one another. If users enter into agreements with one another over the CS Website, CS shall not be a contracting party to these agreements. The users alone are responsible for the execution and/or fulfillment of agreements in which they enter with one another. CS shall not be held liable if users are unable to contact one another over the CS Website regarding such agreements. Furthermore, CS shall not be liable for breaches of duty in relation to agreements entered into between users.

1.7 Group Admins are entitled to choose their members. They may freely choose whether or not a user may join their group.

1. 2. REGISTRATION, AND REPRESENTATIONS AND WARRANTIES UPON REGISTRATION

2.1 The User must register prior to using any of the services on the CS Website.

2.2 The User warrants and represents that all of the data provided by the User for registration is accurate and complete. The User shall report any changes in the registration data to CS without undue delay.

The User shall not use pseudonyms or pen names.

2.3 The User warrants and represents that he or she is at least sixteen (16) years old at the time of registration.

2.4 In order to make a purchase from CS, the Warrants and represents that he or she is at least eighteen (18) years old. If not, the User should get his or her guardian’s consent or place the order through that person.

2.5 The User shall choose a password upon registration. The User is obliged to keep this password secret. CS shall not disclose the password to any third party and CS shall not ask for the User’s password at any time.

2.6 By completing the registration process, the User consents to enter the agreement to use the services of the CS Website. CS accepts this offer by activating the membership for the use of services on the CS Website. The agreement takes effect with the aforementioned acceptance by CS.

2.7 Each User is entitled to register with CS only once, and the User may only establish one (1) user profile.

2.8 It is technically impossible for CS to determine with certainty whether any user registered with CS is in fact the person he or she represents to be. Therefore, CS assumes no liability for the actual identity of a user. Each user is solely responsible for checking the actual identity of another user.

3. CODE OF CONDUCT AND OBLIGATIONS OF THE USER

3.1 By signing up, the User agrees to:

3.1.1 Provide only true and non-misleading statements in the User profile and in communications with other users, and to refrain from using any pseudonyms or pen names.

3.1.2 Honor copyright aspects when making authorized use of other people’s intellectual property such as videos, blog content, comments, etc. The User guarantees that all content submitted or posted by him or her on CS does not violate the rights of any third party, including, but not limited to, infringing intellectual property rights.

3.1.3 Comply with all applicable legislation, and respect third-party rights. In particular, the User shall not:

Use any insulting or defamatory contents, regardless of whether said contents are directed at another user or CS personnel or other companies.

Use material such as the following – but not limited to – material that is offensive and promotes racism, contains prejudice, hatred or physical harm against any individual or group, exploits people in a sexual or violent manner, displays pornographic, sexually explicit or violent material of any kind, harasses or encourage harassment of another individual or group, criminal activity such as drug dealing, trafficking, child pornography, fraud, obscene material, gambling, harassment, stalking, spamming, sending of harmful computer files, theft of trade secrets or intrusion of copyright or patent rights, provides any street addresses, photograph of another person, telephone numbers, email addresses or any other personal information of that kind without consent from that individual, use any information from the CS in order to stalk, harass, abuse or harm another person, promote information that the User knows is deceptive or phony or promote illegal activities or conduct that is insulting, obscene, threatening, derogatory or slanderous, provide instructional information about illegal activities such as making or buying illegal weapons or fireworks or creating or distributing computer viruses, etc., promote an illegal or unauthorized copy of another person’s or company’s copyrighted work, such as providing pirated computer programs or links to such, providing information to evade copy-protect devices, or providing pirated music or video or links to pirated music- or video files;

Ask for passwords or personal identifying information for commercial or unlawful purposes from other users;

Involve commercial activities and/or sales without our prior consent such as advertising, contests, barter, sweepstakes, or pyramid schemes;

Involve the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming etc.;

Post political or religious propaganda;

Make any automated use of the Service, such as using scripts to add friends; interfering with, disrupting or creating an undue burden on the Services or the networks or services connected to the Services;

Pretend to be another user or person; use the account of another user or disclosing or transferring his or her password to any third party or allowing any third party to have access to his or her account; or using the Services in a way that intentionally or unintentionally violates any applicable local, national or international law or regulation.

3.2 The User understands and agrees that uploaded files, input data, or engaging in any other form of communication through this service, although owned by him or her, is subject to a royalty-free, perpetual, non-exclusive, unrestricted, world-wide license permitting CS to use, copy, sublicense, adapt, transmit, publicly perform or display any such content.

This license will come to an end at the time the User removes such Contents from the Services and upon his or her notification to CS. Regardless of this, a residual or back-up copy of the Contents posted may remain on the servers after the User has removed the Contents from the Services, and CS maintains the rights to those copies. The User warrants and represents that he or she owns the Contents posted by him or otherwise have the right to grant the above-described license. Furthermore, the User warrants and represents that the posting of his or her Contents on or through the Services does not violate the copyrights, publicity rights, contract rights, privacy rights or any other rights of any person or company.

3.3 The User understands and agrees that CS will monitor the content on the site and might delete any material or content, including but not limited to text, comment, message, photo or profile that we feel do not comply with this agreement, applicable law or regulation, or which might be offensive, illegal or that might violate the rights, harm, or threaten the safety of other users or harm its mission.

CS reserves the right to take appropriate legal action against anyone who infringes this prohibition and puts CS’s mission in danger.

3.4 As CS is used by many it is not possible for us to monitor all and every material posted on our site. We can only try to do our best. Should inappropriate content escape our monitoring it does not mean that we approve of the content and we are in no way responsible. We are also not liable for our members and their conduct. Please report inappropriate conduct to us.

3.5 Posted advertisements will be removed and might lead to the revocation of Membership / Premium Membership.

3.6 Security is important and we use different means to ensure appropriate security and encryption. The User plays a critical role as well and he or she is responsible for all unauthorized use of his account. The User is reminded that he or she is requested to keep his or her password and other non-public user data secret.

3.7 CS will use reasonable means to ensure that the site is available at all times and that the content on the site is true, accurate and error free. However CS does not guarantee this and provides no warranties unless specifically stated.

However the User understands that the CS website is a public website, open and transparent, and that CS has no control over the registered data and on their usage outside the website.

3.8 By signing up the present General Terms and Conditions, the User frees CS from any potential and/or effective liability regarding the use of his or her data. The User commits not to involve CS in any legal claim, directly or indirectly, between two members, present or past. If CS is dragged into such a conflict despite the present its effective cost, damage in business due to loss of time and time spent will be compensated.

3.9 The User will at all times abide by the terms and conditions in the Terms of Use and in the Privacy Policy, including but not limited to abiding by the Code of Conduct and the rules regarding Proprietary Rights.

4. CHANGES TO THE SERVICES ON THE CS WEBSITE

4.1 CS reserves the right to modify the services offered on the CS Website and/or to offer services different from those offered at the time of the User’s registration at any time, unless this is unreasonable for the User.

4.2 CS shall be entitled to discontinue the CS website services or any of the additional services, or to disable any particular user’s account or access rights at any time with no notice. 
In relation to any service provided on the CS Website, CS may terminate such account for inactivity, being a failure to log in to the service 60 days or later after registration and, subsequently, a failure to use the account for 90 days since the User’s last log-on. In addition, CS may delete content in a User’s account after 90 days.

5. TERM AND TERMINATION OF MEMBERSHIP, REIMBURSEMENT OF ADVANCE PAYMENTS

5. 1 The User may terminate the Free Membership at any time without cause. The User may deliver notice of termination by using the CS Website’s available functionality or by using the contact form available on the CS Website at any time or by email or post. The termination notice shall include the User’s registered name and an email address of the User registered on the CS Website.

5.2 Premium Membership shall run for the period selected by the user when purchasing the membership. After this term, the membership will be extended by a term of the same length as the original term, unless terminated in due time by the User or CS. The User and CS may each terminate without cause Premium membership to the end of the initial term chosen by the User in the course of the registration process, or to the end of any renewal period after said minimum term expires, by giving notice of fourteen (14) business days. The User may deliver notice of termination using the CS Website’s available functionality or through the contact form available on the CS Website. Furthermore, the User may deliver termination by sending an email or letter to CS. The termination notice shall include the username of the User and an email address of the User registered on the CS Website. If Premium Membership has been terminated, the User is entitled to retain a Membership until this membership is terminated. The provisions of this section 5.2 shall not affect the right of both parties to terminate the agreement for good cause.

5.2.1 CS cannot guarantee refunds on any fees or charges related to the User’s Premium Member account, including partially used periods. An exception CS may consider is providing a refund when CS has updated the User’s payment information and there are good reasons to believe that the User did not intend for an update to be made.

5.3 A good cause is defined as an event which makes it unacceptable for CS to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of CS against the User’s. A good cause includes any the following events:

If the User fails to comply with any applicable legal provisions

If the User breaches a contractual obligation, in particular an obligation set forth in sections 2 and 3 of these GTC

If the reputation of the services offered on the CS Website is substantially impaired by the online presence of the User (if, for example, it is discovered after registration that the User has been convicted of a criminal offence, and if said conviction is known to other users);

If the User promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors, or;

If the User causes harm to any other user(s)

5.4 In the event of a good cause in accordance with section 5.3 and notwithstanding CS’s right to terminate the contract in accordance with section 5.3, CS is entitled to:

Delete the contents posted by the User

Issue a warning, or

Block the User’s access to the services on the CS Website.

5.5 In the following cases, the User shall not be entitled to claim reimbursement of any advance payments:

If CSF has terminated the contract for good cause pursuant to section 5.3,

If CSF has blocked the User’s access in accordance with section 5.4, or

If the User has terminated the agreement. However, the User’s right to claim reimbursement of any advance payments shall not be excluded in this case if the User has terminated the agreement for a good cause attributable to CS.

6. RESPONSIBILITY FOR THE USER’S CONTENT, DATA OR OTHER INFORMATION

6.1 CS does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the CS Website or on any external websites linked to them. In particular, CS does not warrant or represent that said data and/or information is true or accurate, or that it fulfills or serves any particular purpose.

6.2 The User may report any activities of any other user which violate applicable laws and/or any of the terms and conditions of these GTC (including the use of pseudonyms or false identities) using the contact form available on the CS Website.

7. CUSTOMER SERVICE/SUPPORT

Queries regarding agreement with CS or regarding CS Services can be sent by the customer to CS using the contact form available at all times on the CS Website, or by sending an email or letter.

8. LIABILITY OF CS

Whatever the legal grounds, liability for damage claims based only on ordinary negligence against CS (including its vicarious agents) shall exist only if CS breaches a basic/cardinal obligation under this agreement. A cardinal obligation is an obligation the User can expect to be met, and which fulfillment is a prerequisite to the ordinary execution of the contract. In this event, the amount of claims are limited to typical and foreseeable damages.

Limits shall not apply to the extent damages are covered by CS’s business liability insurance, provided the insurance company has effected payment to CS. CS undertakes to maintain the insurance coverage existing at the time this agreement is concluded.

The use of the site and the facilities thereon, and any material or information obtained from this site is at the User’s own risk, and CS hereby expressly disclaims, to the fullest extent permitted by applicable law, all warranties, express or implied, of any kind whatsoever including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and infringement.

In addition, CS shall not be responsible for the failure of performance of this site and/or the software used thereon or obtained therefrom; the loss of data or services resulting from delays, non-deliveries, mis-deliveries, or service interruption; the accuracy, quality or nature of information obtained through its services; nor the consequences arising from or related to any viruses transmitted through its servers, or any liability, costs, loss of profits or consequential losses arising from the User’s use of, or inability to access this site, save that liability for death or personal injury is not excluded.

In relation to User Content, CS shall not be responsible for any such content posted by users in chat rooms or other community areas. All such content whether expressed as opinions, statements or recommendations, are those of users expressing such views and are not those of CS. This site may be linked to or from other sites that are not maintained by CS.

Users may be able to buy goods and services via the site, some of which may be through third party retailers who link to the site. Users may also enter into correspondence with or participate in promotions of advertisers on the Site. CS in no way endorses these third parties and any such transactions, dealings, correspondence with or participation in promotions of, third parties, including the delivery of and the payment for goods and services and any other terms, conditions, warranties or representations associated with such matters are solely between the corresponding user and the third party.

CS assumes no liability, obligation or responsibility for any part of any such transaction, dealing, correspondence or participation. The User agrees to indemnify CS in respect of any liability or any costs, loss of profits, loss of data, or consequential losses arising from a breach by the User of any of the terms of this agreement.

9. INDEMNITY

9.1 The User shall indemnify and exempt CS from all actions, including damage claims, asserted by other users or third parties against CS resulting from an infringement of their rights by the contents posted by the User on CS Websites. Furthermore, the User shall indemnify and exempt CS from all actions, including damage claims, asserted by other users or third parties against CS resulting from an infringement of their rights regarding the use of the services on the CS Website by the User. The User assumes all reasonable costs CS incurs due to an infringement of third party rights, including all reasonable legal defense costs. All other rights, including damage claims by CS, are hereby unaffected. The User has the right to prove that CS incurred lesser charges than claims made.

The aforementioned obligations shall not apply to the extent the User is not responsible for the infringement.

9.2 In the event the contents posted by the User infringes any rights of any third party, the User shall, at its own expense and at CS’s discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the User infringes third-party rights when using the services of the CS Website, the User shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by CS.

10. DATA PROTECTION

CS recognizes that any data provided by the User to CS is extremely important to the User, and CS shall therefore be particularly sensitive in handling such data. CS shall comply with all applicable legal provisions regarding data protection (Swiss Data Protection Laws and any other applicable data protection legislation). In particular, CS shall not provide or otherwise disclose any personal data of the User to any third party without authorization. Details on CS’s treatment of the User’s data are set forth in the Privacy Policy of CS accessible from the CS Website.

11.1 CS reserves the right to amend these GTC at any time, without giving reasons or notice, unless an amendment is unreasonable to the User. If you do not agree to the changed terms of use you must cancel or request a removal of your account within the thirty (30) days following CS posting on the website.

11.2 CS reserves the right to adequately increase the price of Premium Membership at most once per calendar year with effect from the start of a new renewal period following either the minimum usage period or the respective current renewal period. In such cases, CS will notify users accordingly at least six (6) weeks before the end of the minimum usage period or the respective current renewal period. If the User does not consent to this price increase, he or she can revoke it via letter or email within three (3) weeks. Revoking the price increase is equivalent to the User cancelling his or her Premium Membership as of the end of his or her current minimum usage period.

11.3 Unless otherwise stated in these GTC, the User may submit all notices to CS using the contact form provided on the CS Website, or by letter or email. CS may send notices to the User by email or post to the addresses given in the User’s current contact data in his or her user account.

11.4 If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

11.5 The place of performance under these GTC shall be CS’s main place of business.

11.6 This User Agreement shall be governed by and construed in accordance with the laws of Switzerland, without regard to principles of conflict of laws, and the parties submit to the exclusive jurisdiction of the Swiss Courts. 
If any provision(s) of the User Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. 
CS’s failure to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CS in writing.