Website Terms of Use

PLEASE READ THESE WEBSITE TERMS OF USE (the “Terms”) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, AS WELL AS VARIOUS LIMITATIONS AND EXCLUSIONS.

1. GENERAL

1.1 Please read these Terms carefully before engaging with our Website, www.circet.ie (the “Site”), as they contain important information regarding legal rights, remedies and obligations, as well as various limitations and exclusions of liability. The Terms are a contract between you (“you” or “User”) and Circet Networks (Ireland) Limited a company registered in Ireland with company number 303841, whose registered office is at GHQ, Cloverhill Industrial Estate, Clondalkin, Dublin 22, Ireland (“we”, “us” and “our”). Your use of the Site and the services which can be accessed on the Site (“Site Services”) are subject to these Terms. By using the Site (whether now or in the future), you agree to be bound by these Terms. If you do not accept the Terms, you should leave the Site immediately.

1.2 We reserve the right to update these Terms from time to time by changing them on this page. We recommend that you print a copy of these Terms for future reference. These Terms are only in the English language. Every time you wish to use our Site, please check these Terms to ensure you understand the Terms that apply at that time.

1.3 Use of your personal information submitted via the Site is governed by our Privacy and Cookies Policy, which is incorporated into these Terms by reference and are available to view on the Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and that they comply with them.

2. CIRCET’S PROVISION OF THE SITE AND LIMITED SITE LICENSE

2.1 Circet grants you a limited license to access the Site and Site Services. This license is subject to and conditioned on compliance with these Terms.

2.2 We try to keep our Site and the Site Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. In fact, we might even stop providing the Site or Site Services completely or stop providing certain features without notice.

2.3 Circet may terminate any license it has granted to any visitor of the Site who has not created an Account (“Site Visitor”) or User to access the Site and Site Services by providing notice, and the termination of such license shall be effective immediately upon Circet providing such notice.

3. CIRCET'S INTELLECTUAL PROPERTY

3.1 Circet and our licensors retain all right, title, and interest in and to all Intellectual Property Rights related in and to the Site and the Site Services. The Circet logos and names are trademarks of Circet and are registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site or Site Services may be the trademarks of their respective owners.

3.2 Nothing in the Terms grants you a right to use any Circet Intellectual Property Rights relating to the Site or Site Services.

4. YOUR INTELLECTUAL PROPERTY

4.1 When you post User Content on the Site or through the Site Services or provide Circet with User Content, you understand and acknowledge that you are solely responsible for such User Content. Further, you represent and warrant that you have the right, power, and authority to (a) post that User Content without violating the rights of third parties, and (b) grant the licenses specified below.

4.2 You acknowledge and agree that the poster of User Content, and not Circet, is responsible for any User Content including any harms caused to you, another User, or a third party by such User Content.

4.3 You will indemnify, defend, and hold harmless Circet, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to or arising out of any User Content you post.

5. YOUR RIGHTS AND LICENSE TO CIRCET AND OTHER SITE VISITORS

You retain all ownership rights in any User Content you post on the Site. To the extent permitted by applicable law, you also grant to Circet and our successors and Affiliates a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your details as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Site and Circet’s, our successors’ and Affiliates’ businesses, including, without limitation, for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.

You also hereby grant each User and each Site Visitor a non-exclusive license to access your User Content through the Site and to use, reproduce, distribute, and display such User Content to the extent permitted through the normal functionality of the Site and subject to all applicable confidentiality and other provisions of the Terms, and applicable law.

6. LOGIN CREDENTIALS/SECURITY

If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

7. THIRD-PARTY INTELLECTUAL PROPERTY

7.1 Any information or content expressed or made available by a third party or any other Site Visitor or User is that of the respective author(s) or distributor(s) and not of Circet. Circet neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site by anyone other than Circet’s authorized agents acting in their official capacities.

7.2 The Site may contain links to third-party Sites. The Site may also contain applications that allow you to access third-party Sites via the Site. Such third-party Sites or applications are owned and operated by the third parties and/or their licensors. The inclusion of any link or application on the Site does not imply that we endorse the linked Site or application. You use the links and third-party Sites at your own risk and agree that your use of an application or third-party Site accessed via the Site is on an “as is” and “as available” basis without any warranty for any purpose.

7.3 You may not use the Site to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third party Intellectual Property Rights.

7.4 You will indemnify, defend, and hold harmless Circet, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to or arising out of breach by you of third party Intellectual Property Rights.

8. PERMITTED SITE USES

8.1 Circet offers the Site and Site Services for your business purposes only and not for personal, household, or consumer use. While we try to ensure that any information we post is both timely and accurate, errors may appear from time to time. We do not make any representations or warranties with respect to any information that is posted on the Site by us or anyone else.

8.2 In no event should any content be relied on or construed as tax or legal advice or otherwise. You should independently verify the accuracy of any content.

9. PROHIBITED SITE USES

9.1 You may not use, or encourage, promote, facilitate, instruct or induce others to use, the Site or Site Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.

9.2 The following are examples of uses that are prohibited on the Site or when using the Site Services: seeking, offering, promoting, or endorsing and services, content, or activities that/including:

9.2.1 are defamatory, illegal, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, obscene, or sexually explicit in nature;

9.2.2 would violate the Intellectual Property Rights, such as and including copyrights and trade secrets, of another person, entity, service, product, or Site;

9.2.3 would violate (a) the Terms, or (b) the terms of service of another Site or any similar contractual obligations;

9.2.4 regard the creation, publication, distribution of “fake news”, “hoax news” or similar false content purposefully intended to mislead readers for financial or other gain;

9.2.5 regard or promote in any way any escort services, prostitution, or sexual acts;

9.2.6 fraudulent or misleading uses or content, including: fraudulently billing or attempting to fraudulently bill any User, including by

(i) falsifying or manipulating or attempting to falsify or manipulate records;

(ii) misrepresenting your experience, skills, or information, including by representing another person’s profile, or parts of another person’s profile, as your own;

(iii) using a profile photo that misrepresents your identity or represents you as someone else;

(iv) impersonating any person or entity, including, but not limited to, a Circet representative, forum leader, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;

(v) falsely stating or implying a relationship with another User;

(vi) falsely attributing statements to any Circet representative, forum leader, guide or host;

(vii) falsely stating or implying a relationship with Circet or with another company with whom you do not have a relationship; or (viii) allowing another person to use your account, which is misleading to other Users;

9.2.7 posting Personal Data concerning another person without a valid legal basis to do so under Data Protection Legislation, or collecting or harvesting any Personal Data, including account names, from the Site;

9.2.8 spamming other Users with proposals or invitations or posting the product/service multiple times so that more than one version remains active at a given time;

9.2.9 making or demanding bribes or other payments without the intention of providing products/services in exchange for the payment;

9.2.10 requesting or demanding free products/services; 9.2.11 violating any national or international tax/customs laws;

9.2.12 duplicating or sharing accounts;

9.2.13 selling, trading, or giving an account to another person without Circet’s consent;

9.2.14 conduct or actions that could jeopardize the integrity of or circumvent the Site, Site Services or Circet's proprietary information, including:

(i) interfering or attempting to interfere with the proper operation of the Site or Site Services or any activities conducted on the Site;

(ii) bypassing any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein;

(iii) attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;

(iv) using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission, or

(v) attempting to or interfering with or compromising the system integrity or security or deciphering any transmissions to or from the servers running the Site;

9.2.15 attempting to or imposing an unreasonable or disproportionately large load (as determined in Circet’s sole discretion) on the Site’s infrastructure;

9.2.16 introducing any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site that is designed to or known to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Site or any software, firmware, hardware, computer system, or network of Circet or any third party;

9.2.17 accessing or attempting to access the Site or Site Services by any means or technology other than the interface provided;

9.2.18 framing or linking to the Site or Site Services except as permitted in writing by Circet;

9.2.19 attempting to or actually reverse engineering, modifying, adapting, translating, preparing derivative works from, decompiling, interfering with the operation of, or otherwise attempting to derive source code from any part of the Site or Site Services unless expressly permitted by applicable law or Circet; or

9.2.20 accessing or using the Site or Site Services to build a similar service or application, or publish any performance or any benchmark test or analysis relating to the Site.

10. LIABILITY

10.1 General: To the extent permitted by law, we provide the services and content on the Site on an “as-is” and “as available” basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Site and Site Services, or that it will be timely or error-free or that defects will be corrected. We will not be liable if, for any reason, our Site is unavailable at any time for any period. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Terms affects your statutory rights.

10.2 Exclusion of liability: Subject to the paragraph directly above, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with these Terms (including the use, inability to use or the results of use of the Site) for:

(a) any loss of profits, sales, business or revenue;

(b) loss or corruption of data, information or software;

(c) loss of business opportunity;

(d) loss of anticipated savings;

(e) loss of goodwill; or

(f) any indirect or consequential loss.

11. INDEMNIFICATION

11.1 You agree to hold harmless and indemnify us and our subsidiaries, Affiliates, officers, agents and employees from and against any third party claim arising from or in any way related to your breach of these Terms, or your violation of any law or the rights of a third party, or your use of our services, including any liability or expense arising from all claims, losses, damages (actual or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.

12. ENFORCEMENT

We reserve the right, but do not assume the obligation, to investigate any potential violation of these Terms and to remove, disable access to, or modify any content on the Site. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee that we will take action against all breaches of these Terms.

13. REPORTING AND CORRECTING VIOLATIONS

If you become aware of any violation of these Terms, you must immediately report it to Circet Customer Service. You agree to assist us with any investigation we undertake and to take any remedial steps we require in order to correct a violation of these Terms.

14. RIGHTS AND REMEDIES

Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.

15. SEVERABILITY

If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16. ENTIRE AGREEMENT

These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede and replace all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

17. NO WAIVER

Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.

18. HEADINGS

The headings in these Terms are included for convenience only and shall not affect their interpretation.

19. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of Ireland. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Ireland.

20. CONTACT US

Users may contact us at DPO(at)circet.ie.

21. DEFINED TERMS

21.1 For the purposes of these Terms, the below terms have the following meanings (unless the context otherwise requires):-

“Affiliate" means any entity that, directly or indirectly, through one or more intermediaries, Controls, is Controlled by, or is under common Control with Circet. “Control” means a person possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of the other person (whether through the ownership of voting shares, by contract or otherwise) and “Controls” and “Controlled” shall be interpreted accordingly.

 “Data Protection Laws” means the Data Protection Acts 1988 to 2018, the General Data Protection Regulation (EU) 2016/679 (GDPR), and any other applicable law or regulation relating to the processing of Personal Data and to privacy, including the E-Privacy Directive 2002/58/EC and the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011, as such legislation shall be supplemented, amended, revised or replaced from time to time and all guidance and codes of practice issued by a relevant supervisory authority, from time to time and which are applicable to us.

“Intellectual Property Rights”: any and all intellectual property rights of any nature, whether registered, registerable or otherwise, including patents, utility models, trade marks, registered designs and domain names, applications for any of the foregoing, trade or business names, goodwill, copyright and rights in the nature of copyright, design rights, rights in databases, moral rights, know-how and any other intellectual property rights that subsist in computer software, computer programs, websites, trade secrets, documents, information, techniques, business methods, drawings, logos, instruction manuals, lists and procedures and particulars of customers, marketing methods and procedures and advertising literature, including the “look and feel” of any websites, and in each case all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these that may subsist anywhere in the world, in each case for their full term, together with any future rights and renewals or extensions, and “Intellectual Property” shall be interpreted accordingly.

“Personal Data” has the meaning given to the term in Data Protection Laws.

“User Content”: any comments, remarks, data, feedback, content, text, photographs, images, video, music, or other information that you or any Site Visitor or other User posts to any part of the Site or provide to Circet, including such information that is posted as a result of questions.