Terms and conditions
These general conditions contain the terms and conditions for the use of the Services and the Platform between Circularity S.r.l Benefit Company.
Object of the General Conditions
These general conditions (“CG”) contain the terms and conditions for the use of the Services and the Platform between Circularity S.r.l Società Benefit., with registered office in via G. Bensi 12/5, 20152 Milan (MI), VAT number 10388780966 (“Circularity”), owner of a platform, characterized by the Circularity brand (“Platform”), and the end user (“User”, together with Circularity, “Parties”), such as but not limited to: services information, market place service, training services, collective or ad hoc consultancy services, certification services, start-up promotion services and event organization services and networking opportunities, geo-referenced map and database containing information public on sector operators and other Users, discussion forums (“Services”).
By proceeding with the use of the Platform and/or the Services, the User declares to accept the General Conditions, even by subjects who simply visit the Circularity website and/or the Platform, without proceeding with the Registration and/or without subscribe to a Subscription, as defined below.
- In particular, for the purposes of the GTC, Users who will have the right to use the Services under the conditions set out in the GTC are considered to be natural and/or legal persons (who must necessarily register through their legal representative, duly authorized) which fall, by way of example and not exhaustively, into the following categories (“Categories”):
- producers of waste and/or secondary raw materials;
- selection, sorting and recycling systems;
- users of by-products and/or secondary raw materials;
- others such as sector professionals, scientific and research bodies, innovative companies active in the field of corporate sustainability and circularity.
General Terms & Conditions conlusions (GTC)
- Each User, by clicking on “Register” will be taken to the registration form in which they will enter their data, specifying where applicable their Category. By finalizing the process of registration and/or subscription to the Platform, in the manner defined below, or, in any case, the mere visit to the Circularity website and/or access to the Platform, the User declares to have read and expressly accepted the GTC.
- If the User does not intend to accept even one of the terms and conditions of the GTC, he is invited to refrain from visiting the Circularity website or 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 discretion, making the User aware of it through publication on the Platform. The mere visit to the Circularity website and/or access to the Platform following the modification will constitute complete 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 which contains the GTC in order to check for any changes.
Circularity Platfom’s role
- Circularity does not arrange for the recovery, disposal, transport of waste and/or marketing of materials intended for recovery and/or transformation for the purpose of reuse on behalf of the User or other subjects, nor does it acquire the material availability of the waste and/or the materials themselves and does not carry out any activity directly or indirectly connected to what is listed above, other than making information content and facilitation services available for the management of the 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 in nature, with high technological content, aimed at pursuing and promoting the circular economy.
- Therefore, Circularity will not organize the transfer or any other waste and/or material management activity or intermediation between Users, but will limit itself to providing Users, through the Platform, with a meeting opportunity so that the Users themselves can conclude independently an agreement relating to the possible transfer or disposal of waste and/or sale and purchase of materials, operations which will be entirely arranged and organized by the Users. Circularity, consequently, will not receive proceeds 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.
- Users, in particular, can take advantage of various information tools and services, linked to the issues of the green economy and the circular economy, including, by way of example and not limited to: marketplace, database on good sustainability practices, services information (such as, but not limited to, daily press reviews, periodic newsletters, regulatory updates), training services (such as, but not limited to, courses, webinars, training pills, on-site seminars, etc.) and dedicated consultancy services (such as, but not limited to, LCA, Sustainability Certifications, Sustainability Reporting and Communication, “The Expert Answers” service, etc.).
- To use the Services, the User must necessarily register on the Platform in the terms described above. When registering on the Platform, Users will be able to choose whether to sign up for an annual subscription (or, alternatively, where applicable, for the duration chosen by the User based on the options provided) which gives access to all the Services on the Platform (” Subscription”) or whether to proceed with the simple registration (“Registration”) which gives access only to part of the Services with reference to each Category.
- Neither the Registration nor the Subscription include any fees owed by Users to Circularity in relation to that part of the Services which will allow Users to contact each other (“Networking Services”) to evaluate the possibility of entertain any commercial collaboration independent of Circularity and in any way connected to Circularity. Therefore, in order to access the Circularity sections 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.
- Each User may publish reviews relating to other Users on the Platform, where permitted.
- Circularity will reserve a dedicated space within the Platform for some start-ups and some research centers (“Innovators”), who will be registered Users, who will have the opportunity to talk about their projects on the Platform by providing information on which Circularity will not carry out any type of moderation or control.
Registration & subscription
- In order to use the Services, the User is required to register and/or pay the Subscription, the amounts of which will be indicated on the relevant Circularity page and/or on the Platform.
- The User will be able to use the Services upon Registration on the Platform and in any case as long as he regularly pays the sums due as a Subscription. In particular, the User who proceeds only with the Registration will not be required to make any payment, while if the User does not renew the payment of the Subscription or decides to exercise the withdrawal from the GTC as provided below, he will no longer be able to use the Services. included in the Subscription and/or further use any and all materials connected thereto, nor make any claim against Circularity. In the event of non-renewal of the Subscription or withdrawal from it, the User will still be able to maintain their Registration on the Platform, unless the User explicitly requests Circularity to cancel.
- 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 relating to the Services, payment methods and/or any changes thereto.
- The User acknowledges and accepts that Circularity reserves the right to propose different rates to some categories of Users or particular commercial promotions and, in this regard, the User hereby renounces any claim, including by way of reimbursement or compensation, towards Circularity.
- The User acknowledges and accepts that payments and all management of the data necessary to make the payment may be managed 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 conditions of each third party.
- To proceed with the 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 billing. The User acknowledges and accepts that payments and all data management necessary to make the payment will be managed by third-party companies with respect to Circularity. At no time during the above purchase procedure will Circularity be able to know the information relating to the User’s credit card. Under no circumstances can Circularity 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.
- In case of payment by credit card, at the conclusion of the online transaction, the relevant payment gateway will authorize only the amount relating to the purchase made. The relevant amount will actually be charged to the User’s credit card at the time of confirmation of the purchase.
- In the event of cancellation of the payment 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 some types of cards, depend exclusively on the payment gateway system and can reach their natural expiry (24th day from the authorization date). Once the transaction has been canceled, the User acknowledges and expressly accepts that under no circumstances can Circularity be held responsible for any damages, direct or indirect, caused by delay in the failure to release the committed amount by the payment gateway.
- Circularity reserves the right to request from the User additional information (e.g. identification document) or to send a copy of documents proving ownership of the credit card used. In the absence of the required documentation, Circularity reserves the right not to accept the purchase order.
- 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 payment gateway site that manages the transaction. None of Circularity’s computer archives will retain such data. Under no circumstances can Circularity be held responsible for any fraudulent or 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 the subject of proprietary rights and/or any other intellectual property rights relating to the Services and/or or to the Platform (“Rights”), is and will be the exclusive property and/or in any case available to Circularity. The mere use of the Services does not give rise to the User any rights, including but not limited to intellectual and industrial property rights, on the Services, in whole or in part and the User may use the Rights within the limits of as provided below.
- Upon payment of the Subscription, or following Registration, Circularity will grant Users, where necessary by the type of Service requested, a license through which Users will be able to 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 purpose of using the Services via 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 limited to, within the scope of their commercial activity or within their website or other promotional material) the User must request and obtain prior authorization 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, sublicense, lend, modify, adapt, attempt to modify or alter the source code, reverse engineer, decompile, disassemble or otherwise operate, in whole or in any part, the Platform and/or the Services and/or the Contents, as defined below.
- The Platform and all its contents, including, by way of example and not limited to, texts, newspaper articles, lists, guides, photographs, illustrations, images, video and audio clips and advertising texts, as well as the Rights and any material that may be the subject of proprietary 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 unauthorized use, copying and the diffusion. Nothing contained in the TOS and/or on the Platform should be construed as conferring, by implication, by acquiescence or otherwise, a license or right to use any Content in any way without the prior written consent of Circularity.
- Unauthorized use, copying, reproduction, modification, republication, updating, downloading, posting, transmission, distribution or duplication or any other abusive use of the Platform and/or the Services and/or Content are prohibited. As a user of the Services, the User undertakes not to use the object of the Rights and/or Contents for illicit purposes and/or in violation of the provisions of the CG and/or for commercial purposes or in any case connected to an economic activity (except, in this sole case, the prior written authorization of Circularity) and undertakes not to violate the Rights and/or Contents of Circularity and/or its third party licensors.
- In relation to all of the above, the User undertakes from now on to indemnify and hold Circularity harmless for any damage or loss, directly or indirectly, resulting from the use that the User will make of all that is the subject of the Rights and/or Contents in violation of the provisions of the GTC.
- In relation to third party Content that may be present on the Platform, the User acknowledges and accepts that Circularity (i) has received the necessary authorizations from the aforementioned third parties exclusively for the purposes directly connected to the Platform and/or the Services and (ii) cannot provide no guarantee regarding the correctness, truthfulness, completeness, originality and updating of such Contents and therefore, by way of example and not exhaustively, does not guarantee that the Contents do not violate third party rights or that they are adequate and/or sufficient to be achieved by the ‘User of particular objectives or results (by way of example and not limited to, in economic terms, personal or professional success).
User Representations and Warranties
The User declares and guarantees:
- that I have read and understood the GTC;
- to have the ability to act and sign the GTC on their own behalf or on behalf of the company they represent;
- that you have, during registration, chosen a secure and complex password; and that for the entire duration of the relationship established with the signing of the GTC: (i) will keep the password safe and secret; (ii) will not transfer any portion of your account; (iii) will not let third parties use your account and (iv) will comply with all applicable laws regarding the management of IT accounts;
- that you will refrain from reproducing, duplicating, copying, selling, reselling and in any case exploiting the Platform and/or the Services for commercial purposes, in whole or in part, including texts, logos and trademarks;
- that you will not publish or use false, libelous or defamatory data;
- that he will refrain from any form of use, direct and/or indirect, of the Platform and/or Services contrary to the law or not compliant with the provisions of the GTC or within the Platform;
- that you will refrain from entering any obscene, offensive, violent, defamatory, harmful to personal dignity and blasphemous content into the Platform;
- which will not use so-called systems spamming, chain messages or pyramid sales;
- that it will not spread viruses, spyware, adware, rootkits, backdoors, Trojans and other similar computer threats;
The User acknowledges and expressly accepts that in the event of violation by the User of the law, of third party rights or of the GTC, Circularity may – at its complete discretion – prevent access to the Platform and/or to his/her account and/or or to any other website that Circularity will use for the provision of the Services, as well as undertake any other action useful to protect the rights and interests of Circularity.
To use the Services, the User must have the necessary equipment and applications such as, by way of example and not limited to, Internet services and, in relation to this aspect, Circularity cannot be held responsible for any malfunctions, impossibility of access or poor conditions of use of the Platform attributable, by way of example and not limited to, to unsuitable equipment.
The User accepts and acknowledges that Circularity makes 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 exhaustively, Circularity cannot be held responsible for the information and Content uploaded to the Platform by Innovators, nor for the information that will be transmitted as part of L’Esperto Risponde. Therefore, the User will not be able to make any claims relating to the correctness of said information against Circularity.
Liability – Limitation of Liability in favor of Circularity
The User acknowledges and expressly accepts that:
- Circularity does not act in any way as an intermediary, but rather 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 favoring their collaboration and the development of projects related to the themes of the circular economy;
- the Users are the only contractual counterparty of the other Users in relation to the conclusion of agreements between the Users themselves regarding the disposal, recycling of waste and/or materials or any other waste and/or material management activity, including transport. Therefore, Circularity is totally extraneous to the individual relationships established between Users and has no control over the contents of the agreements concluded by the Users themselves;
- Circularity cannot be held responsible in any way for the results obtained by Users using the Services, whether negative or positive, including, by way of example and not limited to, the results obtained following use of the L’Esperto Risponde Service. Therefore, the User hereby renounces any claim in relation, by way of example but not limited to, the achievement of objectives in terms of contracts stipulated with other Users, the earnings obtained through the Platform and/or the promotional return hoped for by the User. User registering on the Platform.
- Except in the case of willful misconduct or gross negligence, the User acknowledges and accepts that Circularity will not be in any way liable to the User for any damages, losses, costs, charges and expenses, direct or indirect, including any legal fees, suffered and/or endured by the User in connection with the Registration on the Platform and/or with the payment of the Subscription and/or, in any case, in connection with the Services and with the use of the Platform pursuant to the CG. By way of example and without limitation, Circularity cannot be held responsible for any damage that may arise to the User’s computer from any breach of security or from any virus, bug, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, failure of computer lines or any other technical or other defect, if any such event is related to Internet transmission initiated through the Platform or otherwise. Furthermore, Circularity will not be in any way responsible towards the User for any delays or failures to fulfill its obligations in the provision of the Services and/or in the use of the Platform in the event that such delays or failures arise from causes of force majeure or any other event beyond Circularity’s reasonable control.
- Circularity is not necessarily affiliated and/or partnered with the natural and/or legal persons who own the websites to which there are links within Circularity and is not responsible in any way for the content of said websites. These links are made exclusively for the convenience of the Users and access to such sites occurs at the discretion and exclusive responsibility of the Users themselves. A link from the Platform to any other website does not imply that Circularity approves, supports or recommends that website in any way or has any control over any element of the content of that website.
- However, and to the extent permitted by law, neither Circularity nor any of its operators, managers, employees, representatives, subsidiaries, affiliates, licensees, agents or other personnel involved in producing, sponsoring, promoting or disseminating the Platform and its Contents, will be held liable for (i) direct and indirect damages, connected to the use of the Services and/or the Platform, including damage to property resulting from theft or tampering, damages relating to physical injury, death or in any way connected to the use of the Services and/or the Platform; (ii) damages to a User resulting from actions, mistakes, violations, negligence, misrepresentations, torts attributable (partially or wholly) to another User (or its employees, directors, managers, agents, representatives or affiliated companies ); (iii) direct and indirect damage to honor and reputation suffered during the use of the Services and/or the Platform; (iv) damages resulting 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, within the terms set out in the GTC. Therefore, Circularity will have no control over the content of such reviews. In the event of and following reports regarding violations of the GTC or third party rights (such as, by way of example and not limited to, damage relating to the reputation and/or image of Circularity, Users and/or third parties), Circularity will proceed with the cancellation of reviews containing such violations.
- Each 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 all amounts due in relation to the Subscription until the actual termination of the relationship and will not be entitled to any refund of sums already paid.
You agree to indemnify and hold harmless Circularity, its subsidiaries and affiliates, as well as their respective representatives, partners and employees from any damages, liabilities, costs, charges or expenses, including legal fees, arising from any resulting third-party claims to the use by the User of the Services in a manner that does not comply with the GTC and/or violations of the provisions set out therein, including the declarations and guarantees referred to in the relevant paragraph of the GTC.
In fulfilling its contractual obligations, Circularity undertakes to comply with the provisions of Legislative Decree 196/2003, integrated with the amendments introduced by Legislative Decree 10 August 2018 n. 101 (“Code”) and EU Reg. 2016/679 (“Regulation”, together with the code, “Privacy Regulations”) and, for this purpose, undertakes to adopt all necessary and adequate physical, logistical and organizational security measures to guarantee respect for 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.
By accessing their account, the User may at any time correct, rectify or update their personal data. If the User decides to block and/or delete their profile, all data stored 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 necessary by law, the data will be blocked in relation to any further processing.
The User may not transfer the GTC to third parties either in whole or in part.
Duration and Survival of Clauses
The GTC will be effective from the date of acceptance of the same and, without prejudice to the provisions of the same regarding modifications by Circularity, will remain so until the User or Circularity exercises the right of resolution or withdrawal within the established terms. from 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 favor of Circularity;
- Applicable Law and Competent Court;
Circularity, pursuant to art. 1456 cod. civ., may terminate the GTC with immediate effect, by simply sending a 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, Circularity’s right to compensation for damages remains unaffected.
Applicable Law and Competent Court
The GTC are entirely governed by Italian law. Without prejudice to what is established for the protection of consumers regarding the competent court, any dispute arising between the Parties in relation to the validity, interpretation, execution and resolution of the GTC and/or in any case in connection with the GTC, will be the exclusive jurisdiction 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 can submit a complaint via the ODR (Online Dispute Resolution) platform made available by the European Commission and reachable at the following link http://ec.europa .eu/consumers/odr/
- Any tolerance by Circularity towards User behavior 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 fulfillment of all the provisions of the GTC themselves.
- Failure or delay in exercising a right due 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 their subject matter 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 void, voidable or inapplicable, all other conditions and provisions of the GTC will, however, remain in full force and effect. In the event that there is the cancellation or nullity of any term or provision because 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 achieve the best possible the original intention of the Parties in order to fulfill the commitments set out therein in the best possible way.
- Circularity and the Users act in full autonomy and independence. The GTC do not give rise to any relationship of collaboration, agency, association, intermediation or subordinate employment between them.
- Except as otherwise provided in 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 e-mail (provided with the option of notification of receipt) to following addresses:
- for Circularity: postal address indicated in the epigraph to the GTC; to fax_+3902 87211707 or to the e-mail address: firstname.lastname@example.org;
- for the User: to the postal address or e-mail address communicated to Circularity during registration with 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 points listed and that they must therefore expressly accept them during Registration, pursuant to articles 1341 and 1342 of the Civil Code: Conclusion of the GTC, point 5; Payments, point 18; Intellectual Property Rights, point 31; User Declarations and Guarantees, points 33 and 36; Liability – Limitation of Liability in favor of Circularity, points 37, 38, 39, 40 and 41; Indemnity, point 43; Assignment, point 47; Duration and Survival of 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 the same, including by way of reimbursement or compensation.