Terms of Use

Your use of our website and all products and services available thereon are offered to you on your acceptance of these Terms of Use and Privacy Policy including other notices posted on this website. Your use of this website, or of any products or services presented in any area of this website, indicates your acknowledgment and agreement to these Terms of Use, Privacy Policy and other notices posted on this website. We suggest you print a copy of each of these documents for your records.

TERMS

The words “us”, “our”, and “we” refer to Marketcircle Inc., our employees, affiliates, subsidiaries and partners.

The words “you”, “your”, “customer”, or “user” refers to the person or company that is registered with us and is using our services.

The word “website” refers to www.marketcircle.com which also includes all subdomains.

The word “Privacy Policy” refers to the Marcketcircle Inc. Privacy Policy (Provide hyperlink).

The word “services” refers to our website, API, applications, content and other third party services that make up services provided by Marketcircle Inc.

The word “information” and “data” refers to the registration information you provide when registering, including passwords, as well as data we collect via our services.

GENERAL

Our website and all products and services available thereon are available only to those who may lawfully enter into contracts with us under the law applicable to such contract. If you do not qualify, you are not permitted to access or use our website or any of our products or services.

We shall have the right, at our sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on our website. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of our website following changes to these Terms of Use shall constitute your acceptance of all such changes. These Terms of Use were last modified on September 29, 2015.

DISCLAIMER

Use of the Marketcircle website is provided to you solely for your own personal use and not for purposes of resale, distribution, public display or performance or other similar uses by you.  Unless otherwise indicated on our website, you may display, download, reformat and print a single copy of any information on our website for such personal use.

Access to and the right to use our Marketcircle website may be subject to local laws and regulations. You agree to comply with all applicable laws and regulations relevant to your use.

We have made commercial best efforts to obtain the most accurate and timely information available, all of which are complex and subject to change.  Accordingly, we do not guarantee the accuracy, reliability or completeness of any of the information contained on, downloaded or accessed from this website.

The performance of the Marketcircle website is provided to you on an “as is” basis, without representations or warranties of any kind (to the fullest extent permissible under applicable law), including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties.  We make no representation or warranty to you, whether expressed or implied, that our website will be uninterrupted, error free or corrected in the event of discovery of any errors, free of viruses or other harmful components, nor for any breach of security or any damage to your computer system or loss of data that may result from accessing, downloading, or using any materials from the Marketcircle website.

Marketcircle Inc. reserves the right, at our sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of our website, including your password access (if any), without liability or notice to you.

As a visitor to our website, you acknowledge and agree that any reliance by you on any information available on this website shall be at your own risk.  In no event shall we be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, even if we have been advised of the possibility of such damages.

To use any services provided by Marketcircle Inc., you must be at least 18 years of age, and accurately complete the registration process, agree to the terms and conditions as well as abide by the rules herein.

REGISTRATION AND PASSWORDS

Certain portions of this website are password-protected and require registration and disclosure of certain information about yourself, which information shall not be disclosed by us except in accordance with our Privacy Policy.  When registering with us, you agree to provide complete and accurate information about yourself and to update such information as it changes. It is your responsibility to keep the password provided to you as part of the registration process confidential.  In the event of use of your password without your consent or the discovery by you of any other breach of security, you agree to notify us immediately at info@marketcircle.com.

CONFIDENTIALITY AND TRANSMISSIONS OVER THE INTERNET

The transmission of information through the registration and purchase areas of our site is protected by encryption in order to prevent unauthorized access to personal information. However, the transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is inherently insecure, and is subject to possible loss, interception or alteration while in transit.

Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the use of your password for our website or the exchange of e-mail with us (including those which to may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of any personal information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

Data

Marketcircle Inc. does not own any data or information that you provide while using our services. You have the sole responsibility of ensuring its accuracy, quality, integrity, legality and appropriateness. Marketcircle is not responsible or liable for the deletion, change, or failure to store any data. Furthermore, you are responsible for keeping your account information and passwords confidential. You agree to notify us immediately if you notice any unauthorized use of your account. Marketcircle is not responsible for any stolen or hacked accounts/passwords.

INDEMNIFICATION BY USER

You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use.  We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

THIRD PARTY WEBSITES, CONTENT AND PRODUCTS AND SERVICES

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content on such websites, or of such third party products and services.  As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

PAYMENT

Marketcircle offers newly registered users an unrestricted 30-day free trial of our services.

Payment for services shall be the prices as outlined on our website, or as otherwise stated or quoted by an affiliate. All prices are exclusive of taxes, which may or may not be added to the price, depending on the residence of the customer. Marketcircle reserves the right to adjust the prices, limitations, number of users, size of database, as we see fit.

Monthly Plan: A valid credit card is required for you to use this service on a monthly basis, which is started at the end of the 30-day trial period. The services are billed in advance and is non-refundable. There will be no refunds or credits given out for partial usage, for account upgrades or downgrades or for any used months with an active account.

Annual Plan: Payments must be made in advance on an annual basis, which commences at the end of the 30-day trial period. Refunds for cancelled account may be considered in special circumstances.

Payments are made using a third party service. Please refer to the FastSpring or Recurly, Terms of Use for your own reference. Marketcircle Inc. is not responsible or liable for any breach of privacy from any third party payment providers. Marketcircle Inc. reserves the right to immediately prevent access to customer data and to terminate the customer account.

CANCELLATION AND TERMINATION

You are responsible for cancelling your account correctly. You may do so at anytime in the account management section of the control panel. You may also cancel your account by calling us or emailing in a support request. You will receive a confirmation upon the cancellation of your account. You will no longer be charged after your account has been cancelled. Your data will be available for a period of up to 6 months after you’ve cancelled. After this time, your data will be automatically cleaned up from our services and will no longer be accessible.

LEGAL

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect.  No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws provisions thereto. The parties specifically exclude the application of the United Nations Convention on the International Sale of Goods.

With the exception of a breach by you of our intellectual property rights, any dispute arising out of or in connection with these Terms of Use shall be settled by binding arbitration in accordance with the National Arbitration Rules of the ADR Institute of Canada Inc. by one arbitrator designated in conformity with those Rules in the City of Toronto, Ontario.

Notwithstanding the recourse to arbitration hereto, the parties retain their rights to injunctive relief wherein the courts of the Province of Ontario shall have exclusive jurisdiction with respect to any matter related to these Terms of Use.

These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this agreement to any other party without our prior written consent, which consent may be withheld in our sole discretion. We may assign this agreement to any affiliate or successor company of Marketcircle Inc., without notice thereof to you.

QUESTIONS OR COMMENTS

If you have any questions, comments or concerns about our website or these Terms of Use, please feel free to contact us at info@marketcircle.com.