Terms and Conditions of DearCircle App

Terms of Use

Please read the Terms of Use carefully before using the DearCircle (hereinafter referred to as the Platform”). The Terms of Use are a binding legal agreement between you and the DearCircle company Tivissimo AB, org.nr: 559336-3202 (hereinafter referred to as us” or we), that governs your right to use the Platform and other offerings from us. 

Introduction

The main offering is an online marketplace for service recommendations for individuals and companies that enables them to publish, offer, search for, and book services. Users who offer services are “Service Providers” and users who search for, book, or use services are “Service Users. You must register an account to access and use many features and listed services on the Platform and must keep your account information accurate. We do not own, control, offer or manage any listings or services. We are not a party to the contracts entered into directly between Service Users and Service Providers. If you are a Service Provider, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your service offering. 

Services on the platform

1. Registered User 

In order to gain full access to use the Platform, you must create a profile and register as a user (hereinafter referred to as a Registered User“). 

You must be at least 18 years old and not be under guardianship in order to become a Registered User. 

You are only permitted to register one profile per person on the platform. The profile is personal and you must not transfer it to others. 

You must provide correct information when creating a profile. We may ask you at any time to validate your identity. 

We are entitled at any time, without notice and without prejudice, to delete, suspend or change your profile in the event of your violation or suspected violation of these Terms of Use or applicable law. When deleting your profile, you will no longer have access to services on the platform which require your registration and/or login as a Registered User. When deleting your profile, we reserve the right to delete the user-generated content you have made on the Platform. 

2. UserGenerated content from Registered Users

To the fullest extent permitted by law, the rights (including all intellectual property rights) in any material, information, notifications, reviews, articles or other types of communication (hereinafter referred to as the “User-Generated Content) created on the Platform by Registered Users are licensed to us. The Registered User is not entitled to royalty payments or any other compensation or fee related to User-Generated Content. We may freely use and transfer the User-Generated Content. Our non-exclusive access to freely use The User-Generated Content applies irrevocably without any time limitation and without territorial limitations. 

Registered Users are liable for the User-Generated Content they publish on the Platform. 

Registered Users warrant that all User-Generated Content posted on the Platform is correct and true (where they state facts) or genuinely held (where they state opinions). 

Registered Users must not publish User-Generated Content on the Platform which 

  • Is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, defamatory, tortious, obscene, pornographic or profane,
  • Has sexist, political or racial characteristics, 
  • Violates other individuals’ and companies’ rights, including but limiting to any intellectual property rights, 
  • Is offensive or in any way breaches any applicable local, national or international law or regulation, 
  • Violates these Terms of Use, 
  • Has a disloyal or unlawful purpose and/or content (or promotes unlawful purposes), 
  • Is technically harmful (including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct). 

Registered Users guarantee in every context that the User-Generated Content is lawful and in compliance with the Terms of Use. If we receive notice or otherwise become aware that User-Generated Content violates current legislation and/or the Terms of Use, we may delete the User-Generated Content without any notice, and we withhold us the right to inform the violated party and/or the authorities of the violation. We will strive to inform the Registered User about the deletion and the reason hereof. The Registered User hereby grants us the right to initiate and take any legal actions which we deem necessary in case of infringement of the Registered User’s User-Generated Content. 

The Registered User must indemnify us for any claims which may be made against us as a consequence of the Registered User’s violation of the Terms of Use or current legislation. The Registered User must indemnify and hold us harmless from and against any claim or loss due to third party claims against us resulting from the User-Generated Content of the Registered User. 

We may at any time request information about the User-Generated Content from the Registered User, including documentation supporting the information included in the User-Generated Content. The Registered User must e.g., Document that the User-Generated Content is based on an actual buying or service experience in an actual customer relation to the company to which the User-Generated Content relates. 

General terms 

3. Rights

The content on the Platform, including but not limited to the intellectual property rights, text, characteristics, graphics, icons, photos, calculations, references and software, is the property of us or a third-party owner (other than the Registered User) and is protected by Swedish or international legislation, including the Swedish Copyright Act. If you provide feedback, ideas or suggestions regarding the Platform or the services offered on the Platform (“Feedback”), we are free to fully exploit such Feedback. 

Unauthorised copying, distribution, presentation or other use of the Platform or part hereof is a violation of the Swedish and/or other legislations and may thus result in civil and criminal penalties. 

Downloading and other digital copying of the content on the Platform or parts hereof are only permitted for personal non-commercial use unless otherwise agreed with us in writing or allowed under applicable law. 

All company names, trademarks and other business characteristics on the Platform are or will be the property of ours or a third party and must only be used for business purposes upon prior approval from us or the third-party owner. 

4. Personal data 

We perform different types of processing of personal data in connection with the use of the Platform. Our processing of personal data takes place under observance of our Privacy Policy. 

By accepting these Terms of Use, you confirm to have read and accepted our Privacy Policy. 

5. Disclaimer and indemnification 

The Platform, content and services offered on the Platform are provided ‘as they are’, and we make no warranties with respect to the content or accuracy of the User-Generated Content or the Platform and shall not be held liable for our own or others’ deletion or blockage of the User-Generated Content. We may, at any time at our own discretion and without any liability, delete any content on the Platform. We expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute or law. 

We shall not examine or monitor User-Generated Content which is published on the Platform.  

We are not liable for the content of User-Generated Content. Our non-liability applies to any User-Generated Content, including User-Generated Content which has been edited by us. We are not liable for any links to third party Platforms in the User-Generated Content, including the content of the page to which the User-Generated Content links. 

Recommendations, reviews, comments, etc. of specific companies, services, e-businesses, etc. on the Platform are only guidelines. We are in no case liable for the content of the Platform. The use of the Platform is in any respect the sole responsibility of the Registered Users. We are not liable for the availability of the Platform. 

We are in no case liable for damages for the use of the Platform, including (i) loss of profits, contracts, turnover, business, business opportunity, loss or corruption of data or recovery of data, goodwill, security breach resulting from a failure of third party telecommunications and/or the internet, anticipated savings or revenue (regardless of whether any of these are direct, indirect or consequential) (ii) any loss or damage arising in connection with liabilities to third parties (whether direct, indirect or consequential) or (iii) any indirect or consequential loss or damage whatsoever. 

6. Changes in Terms of Use 

We may at any time and without notice revise or change these Terms of Use. As a Registered User you accept to be covered by the at all times current Terms of Use. Any revision or change of the User Terms will be stated on the Platform. The Registered Users agree that the continued use of the Platform after any posted modified version of the Terms of Use is an acceptance of the modified Terms of Use. 

Should any of these Terms of Use be regarded as unlawful or without effect and therefore not to be enforced, this will not have any effect on the applicability and enforcement of the remaining part of the Terms of Use. 

7. Term and termination

We may terminate your right to access and use the services offered on the Platform at any time for any reason without liability. If we do so, or if you elect to delete your profile, any rights granted to you herein will immediately cease. Section 2-8 will survive any termination of the Terms of Use. 

8. Applicable law and venue 

Any disputes between us and you as a Registered User shall be settled in Swedish court in accordance with Swedish law. 

Contact

Tivissimo AB (DearCircle) 

Hagagatan 52 

113 47 Stockholm 

[email protected]