Nutzungsbedingungen - Shop Circle

By using the Shop Circle LTD Applications, you are agreeing to be bound by the following terms and conditions (“Terms of Use”). You must read, agree to and accept all of the terms and conditions contained in the Terms of Use, applicable API license agreements, and Privacy Policy (and any applicable data protection addendum, or “DPA”).

Your agreement with us includes these Terms of Service, the API License Agreement, Privacy Policy and DPA (if applicable). Read them all. Collectively they set out your legal obligations and requirements when using our services or applications.

These Terms of Use (“Terms”, “Terms of Use”) govern your relationship between you and Shop Circle LTD, One Kingdom St, Paddington, W2 6BD. (“Shop Circle”, “us”, “we”, or “our”, a London-based Corporation in relation to the use of https://www.Shop Circle.co/ website (the “Service”) as operated by Shop Circle LTD.

These Terms of Use are applicable to visitors, users, and others who access or use the Services, Applications, and others.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Services or Applications.

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1. Our Services and Applications

We develop and make available to you applications and services which are designed to enhance your e-commerce platform. Our e-commerce applications are built to provide additional features to your existing e-commerce store. In some cases, our services and applications may permit you to receive, sell, and otherwise use material which is uploaded by third parties. We can also provide detailed, custom tech stack reviews and a variety of other e-commerce services. You can access information on our current applications at shopcircle.co

The specifics of each aspect of the Services (including technical details, support and pricing information) are posted on our website, as we may amend them from time to time, as well as in any applicable statement of work we may issue to you, in respect of the Services or Applications.

We make reasonable efforts to explain each Service’s and Application’s features to you on our website, but we can’t guarantee a Service or Application will look or perform exactly like it appears on a demo page. If you have any questions about any terms or details of any of our Services or Applications, please reach out to us at the contact information below.

Shop Circle LTD shall use commercially reasonable efforts to provide technical support for Services or Applications. We are not responsible for providing technical support for any applications, products, or services provided to you by third parties.

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2. Eligibility

In order to use the Services or Applications, you must:

be at least eighteen (18) years old and able to legally undergo contractual obligations;
agree to these Terms;
provide true, complete, and up-to-date contact and information; and
not be – either individually or as part of a group, entity or state, subject to EU, US, and UN sanctions, embargoes, and bans that prohibit the use of this Service

By using the Service, you represent and warrant that you meet all the requirements listed above and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.

Shop Circle LTD may refuse service, close accounts of any users, and change eligibility requirements at any time.

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2. Subscriptions

Some parts of the Service are billed on a subscription basis (“Plan(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set on a monthly basis, depending on the subscription plan you select when purchasing a Subscription. A minimum number of Billing Cycles may apply to a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Shop Circle LTD cancels/changes it. You may cancel your Subscription renewal either through your online account settings page or by contacting Shop Circle LTD customer support team, taking into account a notice period of at least 30 days.

A valid payment method, including a credit card, Shoppay, GooglePay, or ApplePay, is required to process the payment for your Subscription. You shall provide Shop Circle LTD with accurate and complete billing information including full name, address, state, zip code, country, telephone number, and a valid payment method. By submitting such payment information, you automatically authorize Shop Circle LTD to charge all Subscription fees incurred through your account to any such payment instruments.

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3. Free plan

Shop Circle LTD may, at its sole discretion, offer a Subscription free of charge (a “Free” plan). You will not be charged by Shop Circle LTD for using the Free plan.

At any time and without notice, Shop Circle LTD reserves the right to (i) modify the terms of use of the Free plan offer, or (ii) cancel such Free plan offer.

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4. Fee changes

Shop Circle LTD, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change shall become effective at the end of the then-current Billing Cycle.

Shop Circle LTD shall provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such modifications become effective.

Your continued use of the Service after the modification of the Subscription fee comes into effect constitutes your agreement to pay the modified Subscription fee amount.

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5. Authorized use of the Service or Application

You may only use the Service for applicable lawful purposes and in a manner consistent with the nature and purpose of Shop Circle LTD.

You must not use the Service to assess candidates for any jobs which are unlawful, unsafe, offensive, discriminatory, or inappropriate.

You must not use the Service to solicit information from candidates that could be used to discriminate against them.

Unauthorized use of the Service may be a criminal offense and/or give rise to a claim for damages.

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6. Limited responsibility clause

Shop Circle LTD discourages and disapproves any unauthorized use of copyright protected content on your ecommerce websites. With the nature of services and applications Shop Circle LTD provides, merchants have full control to choose whether or not they will use our products to upload any trademarks, logos, service marks, trade dress, slogans, copyrighted designs or other copyrighted features obtained without written consent. Shop Circle LTD will not be held as responsible for any possible damages that may come from unauthorized use of the copyrighted content, and responsibility fully relies on the side that has published such content. Shop Circle LTD will do everything in its power to terminate these actions, and provide rightful resolutions to all parties involved, when rightly notified.

Further, Shop Circle LTD and its Others will be held harmless from any claim or demand (including reasonable legal fees, expert fees and other reasonable litigation costs), arising from, incurred as a result of, or in any manner related to, your use of the Services and Applications, including, but not limited to: a) your breach of this Agreement; b) any misrepresentation made by you to any third party; c) any third party claim in respect of the Services or Applications involving or related to your or your Customers’ use of the Services; d) your ability or your Customers’ ability to access and use the Services or Applications; or e) your violation of applicable laws, rules or regulations or the rights of any third party.

Please note:

In the case of copyright violations with the use of our services or applications, Shop Circle LTD will act in accordance with applicable laws including but not limited to removal of the above mentioned infringed content, or termination of your account on our Service, and/or give rise to a claim for damages.

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7. Accounts

When you sign up for any application, theme or any other service you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

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8. Intellectual property on the Services and Applications

The Service and its original content, features, and functionality are and shall remain the exclusive property of Shop Circle LTD and its licensors. The Service is protected by copyright. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Shop Circle LTD. You agree that Shop Circle LTD shall hold the exclusive property rights to the (aggregated and anonymized) behavior data and may use this for performing and improving its Services and Applications (e.g. benchmarking of scores).

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9. Links to other websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Shop Circle LTD.

Shop Circle LTD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Shop Circle LTD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms of use and privacy policies of any third-party websites or services that you visit.

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10. Data protection

You acknowledge that information about you and the content posted will be collected, held, and used by us in accordance with our Privacy Policy.

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11. Termination

We may terminate or suspend your account, without prior notice or liability, for any reason, including without limitation if you breach the Terms.

Upon termination, your right to use the Service shall immediately cease. If you wish to terminate with the use of our applications, themes and other services, you may simply discontinue using the Service, and notify us accordingly.

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12. Limitation Of Liability

In no event shall Shop Circle LTD, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

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13. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of success, or course of performance.

Shop Circle LTD, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

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14. Governing law

These Terms of Service and any separate agreements whereby we provide you Services and/or Applications shall be governed by and construed in accordance with applicable laws.

All disputes between Shop Circle LTD and you (whether or not such dispute involves a third party) shall be submitted exclusively to the competent court of law in London, Great Britain.

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms shall remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

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15. Changes

Shop Circle LTD. reserves the right to modify or replace these terms and conditions at our sole discretion at any time without notice, by updating these Terms of Use, and such changes will be effective as of the date these updates (or an updated version of the Terms of Use) is posted to our website. We may provide notice to you of material revisions by means of a general notice on our website.

Your continued use of the Services or Applications after such revisions are posted will signify your agreement to these revised terms. Therefore, you should visit this page periodically to review this Agreement and the Terms of Use. If you do not agree to the new terms, please stop using the Service.

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16. Partial invalidity

If, at any time, any provision of the Terms is or becomes illegal, invalid, or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity, or enforceability of the remaining provisions nor the legality, validity, or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired.

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