Welcome to the My Circle website (the 'Site') provided to you by Bincom ICT Solutions. (which will be referred to herein as either 'My Circle', 'we', 'us' or 'our'). The Site and any related services, modules, functions, software or platforms (collectively, the 'Services') were created by us in order to provide you a much easier way to run competitions on your website & social networks. These My Circle Terms & Conditions (the 'Terms') constitute a set of rules by which we operate such Services.
2. Registration and Access
In order to access the Services, you must first subscribe to use them by providing complete information requested and setting up a username and password. The information provided can be updated at any time by accessing your My Circle account options page.
Based on the specific package you choose, you may grant account access to additional users in your organization. and specify the type of access each user shall have as part of the Services. Upon signing into their account and using the Service, all such users shall also become subject to these Terms and each such account user will be responsible for the activity that occurs through their account and information shared.
We urge you to keep your account password secure and to always log-off from the Services when leaving your computer unattended. We strongly recommend notifying us immediately of unauthorized use of your account or of any related security breach by writing to us at firstname.lastname@example.org.
3. Fees and Billing
By opening a subscription-based paid account with My Circle, you agree to timely pay all charges incurred by your account, including applicable taxes, in accordance with billing terms in effect at the time the charge becomes payable. If payment cannot be charged to your credit card or the charge is returned for any reason, My Circle may suspend or terminate your account.
We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges or terms effective upon prior notice to customers (which may be sent by email to the address you have most recently provided us).
You are responsible for managing your plan, if you wish to cancel your account at any time for any reason, you may do so by switching your plan back to free inside the app (under Plans). Failure to do this before the anniversary date will result in renewal of the plan for the current period, WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
4. My Circle BETA Limitations
PLEASE NOTE SOME THE SERVICES ARE CURRENTLY BEING PROVIDED IN THEIR BETA VERSION, THE FEATURES OF WHICH HAVE NOT BEEN FULLY IMPLEMENTED OR REFINED. AS WITH ANY BETA VERSION, THE SERVICES CURRENTLY CONSTITUTE A WORK IN PROGRESS AND AS SUCH, THERE MAY BE UNRESOLVED ISSUES. WHILE WE APPRECIATE YOUR PATIENCE DURING THIS FINALIZATION STAGE, WE ENCOURAGE YOU NOT TO USE THIS BETA VERSION OF THE SERVICES UNLESS YOU ARE COMFORTABLE USING BETA SOFTWARE AND UNDERSTAND THE IMPLICATIONS THEREOF.
Furthermore, please note that currently the Services were created with the intent to be used by users in Nigeria. You may use the Services outside of such territories, but bear in mind that My Circle makes no representations that the Service is appropriate or available for such use.
5. Ownership of the Services Provided to You
The underlying platforms of the Services are either the proprietary property of My Circle or the proprietary property of our licensors or licensees. By subscribing to our Services, My Circle grants you a personal, revocable, non-assignable, and non-exclusive license to use the Services for the term of the subscription in accordance with the Terms, unless terminated earlier.
'My Circle' and other trademarks, slogans, service marks and trade names which appear via the Service are proprietary to My Circle. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by My Circle. Except as expressly set forth herein, no right, license, or interest to such trademarks are generated or granted hereunder.
Please note that My Circle facilitates companies running competitions which as a user you can enter. As an entrant you acknowledge that "Competition Owner" is fully responsible for ensuring that their competition complies with all applicable rules & regulations in the countries for which it is operating. My Circle is not responsible for; or liable for the failure of any Competition Owner to comply with these rules.
"Competition Owners" must also be responsible for ensuring that their competition fully complies with all rules & regulations of any social network or Third Party on which is it run. My Circle will not be held responsible for the loss of any data or accounts due to actions from Third Parties that relate to activity that is against their guidelines.
As My Circle can be used on any website in any country, by using My Circle you acknowledge that you are responsible for compliance with any local laws.
MY CIRCLE DOES NOT SPONSOR, ADMINISTER OR ENDORSE THE CONTENT OF ANY PROMOTION OR GIVEAWAY DISTRIBUTED THROUGH THE SITE UNLESS OTHERWISE STATED AND IS THEREFORE NOT LIABLE.
My Circle may require you to provide personally identifiable information in order to participate in certain promotions. In the event that you choose to provide personally identifiable information, you acknowledge and agree that My Circle may use any information you provide consistent with My Circle and these Terms of Service.
6. Technical Support
Technical support is provided to you by My Circle via email during regular business hours (i.e. Monday to Friday from 9AM CET to 6PM AEST) by sending your technical inquires to email@example.com. My Circle shall respond to via email to your support request within a reasonable time-period.
7. Account Content & Use Of Services
You shall be solely responsible for the information you or any of your authorized users transmit or submit through the Site or the Services. You expressly agree that your use of the Services and your account content will not:
' Be defamatory, libelous, abusive, or obscene, including, without limitation, include material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law;
' Infringe on the copyright or any other proprietary right of any third-party, and will only make use of information you own or have a right to use;
' Be otherwise inappropriate or unlawful.
As far as your actual usage of the Services, you shall not (directly or indirectly):
' Run a competition without the intention of awarding a prize;
' Run a competition to refer users via a referral link into another competition;
' Ignore My Circle generated entries by picking an external winner - unless specifically mentioned in your T&C. For example running a My Circle campaign and picking winner via Retweets only, this defrauds users of their entries generated via My Circle.
' Setup a fake giveaway with the sole intention of driving entries to a real giveaway (without the intention of providing a prize for your campaign);
' Giveaway game keys purely for the purpose of farming followers for various groups or other social accounts
' Run a competition that is funded by or mostly contains referral, affiliate links or CPA offers;
' Continually extend the end date of a campaign without users agreeing to terms that allow it;
' Run a campaign that is purely designed to exchange followers (or other actions) and not for business purposes;
' Encourage users to break the TOS of an external site (i.e. clicking Adsense ads);
' Use or copy prize images that you do not own the copyright to;
' Create multiple or false contestant accounts for the purpose of increasing campaign entries;
' Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
' Sublicense to, transfer, network, transmit, distribute, or permit use of the Service by, any third party without permission;
' Reverse engineer, decompile, or disassemble any aspect of the Service;
' Attempt to automate entries with the intent of defrauding the Competition Owner;
' Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
' Interfere with or disrupt the Service or other user's use of the Service;
' Reproduce, duplicate or copy or exploit any other portion of the My Circle Site, without the express written permission of My Circle;
' Modify, adapt or hack the My Circle Site or falsely imply that some other site is associated with My Circle Site
' Create multiple accounts after your account has been disabled;
' Knowingly run campaigns on behalf of users that are already banned for previous TOS violations;
Breach of any of the TOS may result in a permanent account ban, or initiate an investigation whereby My Circle may ask for more information from you (such as communication with winners). During this time any live giveaways inside the account may suffer interruption, until such information is presented.
8. Third Party Applications & Reliability
While the primary purpose of the Services is to aggregate third party websites, applications, interfaces and other materials ('Third Party Applications'), it should be made clear that My Circle does not own or control any of these. As My Circle serves only as collector of such Third Party Applications for your convenience, it does not in any way endorse, recommend or make any recommendations in relation to any such Third Party Applications. Similarly, while My Circle monitors the working condition of the connectors to such Third Party Applications and is committed to resolving any issues that may arise from a third party changing the login procedure of its application, it is not liable, nor can it be held responsible, for any changes or the inoperability of such Third Party Applications, whether temporary or permanent.
My Circle also assumes no responsibility for the content, guidelines, privacy policies, or practices of any third party and by using the Services you expressly relieve My Circle from any and all liability arising from your use of any Third Party Applications.
9. Right to Shut Down, Deny or Limit Access, Remove Content
My Circle reserves the right to suspend or terminate your account at any time and for any or no reason at all, at our sole discretion. Accordingly, My Circle reserves the right to remove any user content, which is abusive, illegal, disruptive, or that otherwise fails to conform to our standards, and to limit or revoke your access in full or in part to the Services, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms.
10. Your Feedback
While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of My Circle, without any compensation to you. While under no obligation to review such submissions or to keep such submissions confidential, My Circle may use or redistribute any such submission and its contents for any purpose and in any way it deems.
To provide such submissions or feedback, please email firstname.lastname@example.org
11. No Warranty
YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE SERVICES, THE SITE AND OTHER MATERIALS PROVIDED TO YOU UNDER THIS AGREEMENT ARE PROVIDED ON AN 'AS IS' BASIS. USE OF THE SERVICES AND RELIANCE ON THE SITE CONTENT IS DONE SOLELY AT YOUR OWN RISK. My Circle DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, THE SITE, THEIR CONTENT AND OTHER MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE SITE OR THE SERVICES PROVIDED WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE OUR SERVICES AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12. Liabilities and Indemnities
You shall indemnify and save harmless My Circle and its directors, officers, employees, representatives and agents ('Related Parties') against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys' fees) ('Damages') asserted against, imposed upon or incurred by My Circle and/or any of its Related Parties resulting from or arising out of any violation of these Terms by you or arising and related to your use of the Services.
THE CUMULATIVE LIABILITY OF MY CIRCLE FOR ALL CLAIMS RELATING TO THE SITE OR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SERIVICES OR USE OF THE SITE.
MY CIRCLE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY MY CIRCLE OR ANY THIRD PARTY.
13. Confidentiality and Privacy
(a) These Terms constitute the entire agreement between the parties concerning the subject matter hereof, replacing any prior agreements; (b) You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms; (c) Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose. (d) These Terms shall be governed by the laws of Australia, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Melbourne, shall have exclusive jurisdiction over all disputes between the parties. Nothing in this agreement limits a party's ability to seek equitable relief.