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Terms & Conditions

These General Terms and Conditions set forth the terms and conditions governing the use of the Services and the Platform provided by Circularity S.r.l. Società Benefit.

Subject of the General Terms and Conditions

These general terms and conditions ("GTC") contain the terms and conditions for the use of the Services and the Platform between Circularity S.r.l Società Benefit, having its registered office at via G. Bensi 12/5, 20152 Milan (MI), VAT no. 10388780966 ("Circularity"), owner of a platform identified by the Circularity trademark ("Platform"), and the end user ("User", together with Circularity, "Parties"), such as, by way of example and not limitation: information services, marketplace services, training services, collective or ad hoc consulting services, certification services, start-up promotion services and services for organising events and networking opportunities, a geo-referenced map and database containing public information on industry operators and other Users, and discussion forums ("Services").

By using the Platform and/or the Services, the User declares to accept the General Terms and Conditions, including by parties who merely visit the Circularity website and/or the Platform, without proceeding with Registration and/or without subscribing to a Subscription, as defined below.

  • In particular, for the purposes of the GTC, Users, who will be entitled to use the Services under the conditions set out in the GTC, are deemed to be natural persons and/or legal entities (which must necessarily register through their own legal representative, duly authorised) that fall, by way of example and not limitation, within the following categories ("Categories"):
  • producers of waste and/or secondary raw materials;
  • transporters;
  • selection, sorting and recycling facilities;
  • users of by-products and/or secondary raw materials;
  • others such as industry professionals, scientific and research bodies, innovative companies active in the field of business sustainability and circularity.

Conclusion of the GTC

  • Each User, by clicking on "Register", will be taken to the registration form in which they will enter their data, specifying where required the Category they belong to. By finalising the Registration process and/or the subscription to a Subscription to the Platform, in the manner defined below, or, in any case, by the mere visit to the Circularity website and/or access to the Platform, the User declares that they have read and expressly accepted the GTC.
  • If the User does not intend to accept even just one of the terms and conditions of the GTC, they are invited to refrain from visiting the Circularity website and from using the Platform and/or the Circularity Services.
  • The User acknowledges and accepts that Circularity reserves the right to modify the GTC at any time, at its own discretion, notifying the User by publishing them on the Platform. The mere visit to the Circularity website and/or access to the Platform after the modification will be considered as full acceptance, by the User, of the modification itself. The User therefore acknowledges and accepts that it will be their responsibility to periodically check the page of the Circularity website and/or the Platform that contains the GTC in order to verify the presence of any modifications.

Role and Platform of Circularity

  • Circularity does not arrange for the recovery, disposal, transport of waste and/or the marketing of materials intended for recovery and/or transformation for reuse on behalf of the User or other parties, nor does it acquire the material availability of the waste and/or materials themselves and does not carry out any activity directly or indirectly connected with the above-listed activities, except for making available informational content and facilitation services for the management of supply/demand of such waste and/or materials in a marketplace.
  • The objective pursued by Circularity through the Platform is to provide Users with Services that are innovative, with a high technological content, aimed at the pursuit and promotion of the circular economy.
  • Therefore, Circularity will not organise the delivery or any other waste and/or material management activity or intermediation between Users, but will merely provide Users, through the Platform, with an opportunity to meet so that the Users themselves can independently conclude an agreement regarding the possible delivery or disposal of waste and/or the sale and purchase of materials, operations that will be entirely arranged and organised by the Users. Consequently, Circularity will not receive any income deriving from the conclusion of economic agreements between Users.
  • Neither the GTC nor the use of Circularity entail the establishment of a mandate relationship between Circularity and the User.

Circularity Services

  1. Users, in particular, can take advantage of various tools and information services related to the topics of the green economy and the circular economy, including, by way of example and not limitation: marketplace, database on good sustainability practices, information services (such as, by way of example and not limitation, daily press review, periodic newsletter, regulatory updates), training services (such as, by way of example and not limitation, courses, webinars, training capsules, on-site seminars, etc.) and dedicated consulting services (such as, by way of example and not limitation, LCA, Sustainability Attestations, Sustainability Reporting and Communication, the "Ask the Expert" service, etc.).
  2. To take advantage of the Services, the User must necessarily register on the Platform under the terms described above. Upon registration on the Platform, Users may choose whether to subscribe to an annual subscription (or, alternatively, where provided, of a duration chosen by the User based on the available options) which gives access to all the Services available on the Platform ("Subscription") or to proceed with simple registration ("Registration") which gives access to only part of the Services with reference to each Category.
  3. Neither Registration nor Subscription includes any fees due from Users to Circularity in relation to that part of the Services that will allow Users to come into contact with each other ("Networking Services") in order to evaluate the possibility of establishing a commercial collaboration independent of Circularity and in no way connected to Circularity. Therefore, in order to access the sections of Circularity relating to the Networking Services, the User may be required to pay an additional fee indicated on the Circularity page relating to the Networking Services for each access.
  4. Each User may publish on the Platform reviews relating to other Users, where allowed.
  5. Circularity will reserve a dedicated space within the Platform for certain start-ups and certain research centres ("Innovators"), who will be registered Users and who will have the opportunity to present their projects on the Platform by providing information on which Circularity will not carry out any kind of moderation or control.

Registration and Subscription

  1. In order to use the Services, the User must register and/or pay for the Subscription, the amounts of which will be indicated on the relevant Circularity page and/or on the Platform.
  2. The User may use the Services upon Registration on the Platform and, in any case, as long as they regularly pay the amounts due for the Subscription. In particular, the User who only proceeds with Registration will not be required to make any payment, while if the User does not renew the Subscription payment or decides to exercise withdrawal from the GTC as provided below, they will no longer be able to use the Services included in the Subscription and/or further use any and all materials connected to them, nor make any claim against Circularity. In the event of non-renewal of the Subscription or withdrawal from it, the User may in any case maintain their Registration on the Platform, unless the User expressly requests cancellation from Circularity.

Payments

  1. Where required to access and/or purchase the Services included in the Subscription, the User undertakes from now on to follow the instructions indicated on the relevant Circularity page and/or on the Platform concerning the Services, the payment methods and/or any modifications thereto.
  2. The User acknowledges and accepts that Circularity reserves the right to offer different rates to certain categories of Users or specific commercial promotions and, in this regard, the User waives from now on any claim, including for reimbursement or compensation, against Circularity.
  3. The User acknowledges and accepts that payments and all the management of the data necessary to make the payment may be handled by third parties other than Circularity, with the exception of payment by bank transfer. With regard to payment services managed by third parties, please refer to the general terms and conditions of each third party.
  4. To proceed with payment of the Subscription, where necessary, the User must follow the instructions on the Platform, use the appropriate page made available by Circularity and enter all the data required for invoicing. The User acknowledges and accepts that payments and all the management of the data necessary to make the payment will be handled by third-party companies separate from Circularity. At no time during the above purchase procedure will Circularity be able to know the information relating to the User's credit card. In no case may Circularity therefore be held responsible for any fraudulent and/or improper use of credit cards and for the management of the data necessary for payment by third parties.
  5. In the case of payment by credit card, simultaneously with the conclusion of the online transaction, the relevant payment gateway will only authorise the amount relating to the purchase made. The relevant amount will actually be charged to the User's credit card at the time of purchase confirmation.
  6. In the event of payment cancellation by the User, where possible and in compliance with the provisions of the GTC, the payment gateway will cancel the transaction and release the committed amount. The release times, for certain types of cards, depend exclusively on the payment gateway system and may take up to their natural expiry (24th day from the authorisation date). Once the transaction has been cancelled, the User acknowledges and expressly accepts that in no case may Circularity be held responsible for any damages, direct or indirect, caused by delay in the failure to release the amount committed by the payment gateway.
  7. Circularity reserves the right to request additional information from the User (e.g. identity document) or the sending of copies of documents proving ownership of the credit card used. In the absence of the requested documentation, Circularity reserves the right not to accept the purchase order.
  8. At no time during the payment procedure is Circularity able to know the information relating to the User's credit card, transmitted via a secure connection directly to the website of the payment gateway that manages the transaction. No Circularity computer archive will retain such data. In no case may Circularity therefore be held responsible for any fraudulent and improper use of credit cards by third parties at the time of payment.

Intellectual Property Rights

  • The User acknowledges and accepts that any and all intellectual property rights relating to the Services, such as trademarks, logos, materials and any other content that may be subject to exclusive rights and/or any other intellectual property right relating to the Services and/or the Platform ("Rights"), is and will be the exclusive property and/or in any case in the availability of Circularity. The mere use of the Services does not give rise to any right on the part of the User, including, by way of example and not limitation, intellectual and industrial property rights, on the Services, in whole or in part, and the User may use the Rights within the limits set out below.
  • Upon payment of the Subscription, or following Registration, Circularity will grant Users, where made necessary by the type of Service requested, a licence through which the Users may use the Rights in any format produced and made available by Circularity, and everything present on the Platform exclusively for personal use and for the sole exclusive purpose of using the Services through the Platform. This right of use may be revoked by Circularity at its discretion, at any time.
  • If the User wishes to use the Rights in any format produced and made available by Circularity for purposes other than those related to the mere use of the Services (by way of example and not limitation, in the context of their own commercial activity or within their own website or other promotional material), the User must request and obtain prior authorisation from Circularity to proceed with the exploitation of the Rights.
  • Except as strictly necessary to use the Services, the User may not download, copy, use, transfer, rent, assign, sub-license, lend, modify, adapt, attempt to modify or alter the source code, perform reverse engineering operations, decompile, disassemble or otherwise operate, in whole or in any part, on the Platform and/or on the Services and/or on the Contents, as defined below.
  • The Platform and all its content, including, by way of example and not limitation, texts, newspaper articles, lists, guides, photographs, illustrations, images, video and audio clips and advertising texts, as well as the Rights and any and all material that may be subject to exclusive rights (including source codes) and/or any other form of intellectual property ("Contents"), are the property of Circularity or third parties and are protected against unauthorised use, copying and dissemination. Nothing contained in the GTC and/or on the Platform shall be interpreted as an implicit grant, by acquiescence or otherwise, of a licence or the right to use any Content in any way without the prior written consent of Circularity.
  • The unauthorised use, copying, reproduction, modification, republication, updating, downloading, sending by post, transmission, distribution or duplication or any other improper use of the Platform and/or the Services and/or the Contents are prohibited. As a user of the Services, the User undertakes not to use anything covered by the Rights and/or the Contents for unlawful purposes and/or in violation of the provisions of the GTC and/or for commercial purposes or in any case connected to an economic activity (except, in this single case, with the prior written authorisation of Circularity) and undertakes not to violate the Rights and/or Contents of Circularity and/or its third-party licensors.
  • In relation to all the above, the User undertakes from now on to indemnify and hold Circularity harmless from any damage or loss, directly or indirectly, resulting from the use that the User will make of anything covered by the Rights and/or the Contents in violation of the provisions of the GTC.
  • In relation to third-party Contents that may be present on the Platform, the User acknowledges and accepts that Circularity (i) has received from the aforementioned third parties the necessary authorisations exclusively for purposes directly connected to the Platform and/or the Services and (ii) cannot provide any guarantee regarding the correctness, truthfulness, completeness, originality and updating of such Contents and therefore, by way of example and not limitation, does not guarantee that the Contents do not violate third-party rights or that they are adequate and/or sufficient for the User to achieve specific objectives or results (by way of example and not limitation, in economic terms, of personal or professional success).

User Representations and Warranties

The User represents and warrants:

  • to have read and understood the GTC;
  • to have the capacity to act and sign the GTC on their own behalf or on behalf of the company they represent;
  • to have, during Registration, chosen a secure and complex password; and that for the entire duration of the relationship arising from the signing of the GTC: (i) they will keep the password safe and secret; (ii) they will not transfer any part of the account; (iii) they will not allow third parties to use their account and (iv) they will comply with every applicable law on the management of computer accounts;
  • that they will refrain from reproducing, duplicating, copying, selling, reselling and in any case exploiting for commercial purposes the Platform and/or the Services, in whole or in part, including texts, logos and trademarks;
  • that they will not publish or use false, slanderous or defamatory data;
  • that they will refrain from any form of use, direct and/or indirect, of the Platform and/or the Services contrary to the law or not in accordance with the provisions of the GTC or within the Platform;
  • that they will refrain from posting on the Platform any obscene, offensive, violent, defamatory content, harmful to personal dignity and blasphemous;
  • that they will not use so-called spamming systems, chain messages or pyramid selling;
  • that they will not spread viruses, spyware, adware, rootkits, backdoors, trojans and other similar computer threats;
  • that they will not use software or other automatic or manual mechanisms to copy or access the pages of the Platform or their content.

The User acknowledges and expressly accepts that in the event of a violation by the User of the law, of third-party rights or of the GTC, Circularity may, at its sole discretion, prevent access to the Platform and/or to their account and/or to any other website that Circularity will use for the provision of the Services, as well as take any other action useful to protect the rights and interests of Circularity.
The User, in order to use the Services, must have the necessary equipment and applications such as, by way of example and not limitation, Internet services and, in relation to this aspect, Circularity may not be held responsible for any malfunctions, inability to access or poor conditions of use of the Platform attributable, by way of example and not limitation, to unsuitable equipment.
The User accepts and acknowledges that Circularity gives no guarantee regarding the correctness or updating of the information reported on Circularity with regard to other Users or any partners of Circularity. By way of example and not limitation, Circularity may not be held responsible for the information and Contents uploaded to the Platform by the Innovators, nor for the information that will be transmitted within the framework of Ask the Expert. Therefore, the User may not make any claim regarding the correctness of such information against Circularity.

Liability, Limitation of Liability in favour of Circularity

The User acknowledges and expressly accepts that:

  • Circularity does not act in any way as an intermediary, but acts in order to offer its Users, through the Platform, the opportunity to develop their own circular economy model by meeting other Users without in any way intervening in the relationships between them, while encouraging their collaboration and the development of projects related to the topics of the circular economy;
  • Users are the sole contractual counterparty of the other Users in relation to the conclusion of agreements between Users themselves having as their object the disposal, recycling of waste and/or materials or any other activity of waste and/or material management, including transport. Therefore, Circularity is totally extraneous to the individual relationships established between Users and has no control over the content of the agreements concluded by the Users themselves;
  • Circularity may in no way be held responsible for the results obtained by Users using the Services, whether negative or positive, including, by way of example and not limitation, the results obtained following the use of the Ask the Expert Service. Therefore, the User waives from now on any claim in relation, by way of example and not limitation, to the achievement of objectives in terms of contracts entered into with other Users, to earnings obtained through the Platform and/or to the promotional return hoped for by the User upon Registration on the Platform.
  • Except in the case of wilful misconduct or gross negligence, the User acknowledges and accepts that Circularity will in no way be liable to the User for any damages, losses, costs, charges and expenses, direct or indirect, including any legal expenses, suffered and/or borne by the User in connection with Registration on the Platform and/or with payment of the Subscription and/or, in any case, in connection with the Services and with the use of the Platform pursuant to the GTC. By way of example and not limitation, Circularity may not be held responsible for any damage that may be caused to the User's computer by any security breach or by any virus, bug, tampering, unauthorised intervention, fraud, error, omission, interruption, deletion, defect, delay in operations or transmissions, computer line failure or any other technical or other defect, where such an event is related to the Internet transmission initiated through the Platform or otherwise. Furthermore, Circularity will in no way be liable to the User for any delays or failures to fulfil its obligations in the provision of the Services and/or in the use of the Platform in the event that such delays or failures result from causes of force majeure or any other event that is outside the reasonable sphere of control of Circularity.
  • Circularity is not necessarily affiliated and/or a partner with the natural persons and/or legal entities owning the websites to which there are links within Circularity and is not responsible in any way for the content of said websites. Such links are made exclusively for the convenience of Users and access to such sites is at the discretion and sole responsibility of the Users themselves. A link from the Platform to any other website does not imply that Circularity approves, supports or recommends in any way said website or has any control over any element of the content of said website.
  • In any case, and to the extent permitted by law, neither Circularity nor any of its operators, managers, employees, representatives, branches, affiliated companies, licensees, agents or other personnel involved in the production, sponsorship, promotion or dissemination of the Platform and its Contents, will be held responsible for (i) direct and indirect damages, connected to the use of the Services and/or the Platform, including damage to property arising from theft or tampering, damages relating to physical injuries, death or in any way connected to the use of the Services and/or the Platform; (ii) damages to a User deriving from legal actions, errors, violations, negligence, false statements, liability for unlawful acts attributable (partially or totally) to another User (or to their employees, directors, managers, agents, representatives or affiliated companies); (iii) direct and indirect damages to honour and reputation suffered during the use of the Services and/or the Platform; (iv) damages deriving from the inadequacy of the information provided by a User to other Users.
  • The User accepts and acknowledges that Circularity does not examine the reviews written and published on the Platform by Users with regard to other Users, in the terms provided for by the GTC. Therefore, Circularity will have no control over the content of said reviews. In the event of and following reports concerning violations of the GTC or of third-party rights (such as, by way of example and not limitation, damages relating to the reputation and/or image of Circularity, of Users and/or of third parties), Circularity will proceed with the deletion of the reviews containing such violations.
  • Either Party may withdraw from the GTC at any time, by simple written communication sent by certified email to the other Party with at least 15 (fifteen) days' notice. It is understood that, even in the event of withdrawal, the User will be required to pay everything due in relation to the Subscription until the actual termination of the relationship and will not be entitled to any refund of amounts already paid.

Indemnification

The User undertakes to indemnify and hold Circularity, its subsidiaries and affiliates, as well as their respective representatives, partners and employees harmless from any damage, liability, cost, charge or expense, including legal expenses, arising from third-party claims resulting from the User's use of the Services in a manner not in accordance with the GTC and/or from violations of the provisions set out therein, including the representations and warranties set out in the relevant paragraph of the GTC.

Privacy

In the fulfilment of its contractual obligations, Circularity undertakes to comply with the provisions of Legislative Decree 196/2003, supplemented with the modifications introduced by Legislative Decree no. 101 of 10 August 2018 ("Code") and of EU Reg. 2016/679 ("Regulation", together with the Code, "Privacy Legislation") and, to this end, undertakes to adopt every physical, logistical and organisational security measure necessary and adequate to ensure compliance with the integrity and accuracy of the personal data processed, as well as the lawfulness of their processing. The data may be processed exclusively to the extent strictly necessary for the activities to be carried out pursuant to the GTC.

Circularity respects and protects the privacy of its Users. Circularity will not use the personal data of Users for marketing purposes and/or for sending commercial communications and/or for direct sales without having obtained prior express consent, in compliance with the provisions of the Privacy Legislation. To better know and understand how Circularity uses the personal data of Users, the User may carefully read the Privacy Policy at the following link: https://circularity.com/informativa-privacy/.

The User, by accessing their account, may at any time correct, rectify or update their personal data. If the User decides to block and/or delete their profile, all stored data relating to the User will be deleted by Circularity. If the complete deletion of the User's data is not permitted and/or the retention of a copy of the information relating to the User is required by law, the data will be blocked in relation to any further processing.

Assignment

The User may not assign in whole or in part the GTC to third parties.

Duration and Survival of the Clauses

The GTC will be effective from the date of their acceptance and, without prejudice to the provisions of the same regarding modifications by Circularity, will remain so until the moment in which the User or Circularity exercises the right of termination or withdrawal under the terms provided for by the GTC.

The clauses of the GTC contained in the following paragraphs will remain valid and effective even after the conclusion of the GTC:

  • Intellectual Property Rights;
  • User Representations and Warranties;
  • Liability, Limitation of Liability in favour of Circularity;
  • Applicable Law and Competent Court;
  • Miscellaneous.

Termination

Circularity, pursuant to art. 1456 of the Italian Civil Code, may terminate the GTC with immediate effect, by simply sending written communication by certified email or registered letter with return receipt to the User, if the User has violated one or more of the following provisions of the GTC: Registration and Subscription; Intellectual Property Rights; User Representations and Warranties; Assignment. In any case, the right of Circularity to compensation for damages remains unaffected.

Applicable Law and Competent Court

The GTC are entirely governed by Italian law. Without prejudice to the provisions established for the protection of consumers regarding the competent court, any dispute that may arise between the Parties in relation to the validity, interpretation, execution and termination of the GTC and/or in any case in connection with the GTC, will be of the exclusive competence of the Court of Milan.

ODR Platform. Pursuant to European Regulation 524/2013, the Company informs the User that in the event of a dispute they may submit a complaint through the ODR (Online Dispute Resolution) platform made available by the European Commission and accessible at the following link http://ec.europa.eu/consumers/odr/.

Miscellaneous

  • Any tolerance by Circularity towards behaviour of the User carried out in violation of any provision of the GTC does not constitute a waiver of the rights deriving from the violated provision, nor of the right to demand the correct fulfilment of all the provisions of the GTC themselves.
  • The failure or delayed exercise of a right pertaining to Circularity pursuant to the GTC does not imply a waiver of the same.
  • The GTC contain the overall agreement reached by the Parties with respect to the subject matter thereof and prevail over all previous communications, declarations, as well as understandings and agreements, both oral and written, reached by the Parties.
  • If any term or other provision of the GTC is declared null, voidable or inapplicable, all the other conditions and provisions of the GTC will, in any case, remain fully valid and effective. In the event that there is the annulment or invalidity of any term or provision as it is invalid, contrary to mandatory rules or inapplicable, the Parties undertake to negotiate in good faith to modify the GTC in such a way as to realise in the best possible way the original intention of the Parties in order to fulfil in the best possible way the commitments set forth therein.
  • Circularity and the Users act with full autonomy and independence. The GTC do not give rise between them to any relationship of collaboration, agency, association, intermediation or subordinate employment.
  • Unless otherwise provided by the GTC, any communication from one Party to the other Party pursuant to the GTC must be sent by registered letter with return receipt or by fax or by email (provided with the receipt notification option) to the following addresses:
  • for Circularity: postal address indicated in the heading of the GTC; to fax_+3902 87211707 or to the email address: info@circularity.com;
  • for the User: to the postal address or the email address communicated to Circularity during registration on Circularity, as modified and updated from time to time by the User through their personal area on Circularity.

The User acknowledges and accepts that the following paragraphs of the GTC contain unfair clauses, including the items listed, and that therefore they must be expressly accepted at the time of Registration, pursuant to articles 1341 and 1342 of the Italian Civil Code: Conclusion of the GTC, point 5; Payments, point 18; Intellectual Property Rights, point 31; User Representations and Warranties, points 33 and 36; Liability, Limitation of Liability in favour of Circularity, points 37, 38, 39, 40 and 41; Indemnification, point 43; Assignment, point 47; Duration and Survival of the Clauses, point 49; Applicable Law and Competent Court, point 51. The User is invited to carefully read the aforementioned clauses before concluding the purchase of any Subscription, waiving any claim regarding them, including for reimbursement or compensation.