Terms of Service

Last updated on August 29, 2023. 

OVERVIEW

This website is operated by 13895807 CANADA INC. (O/A MyCircles), a Canadian Corporation registered under the Canada Business Corporation Act. Throughout the site, the terms “we”, “us” and “our” refer to MyCircles. MyCircles offers this website to you conditional upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site, viewing contents and/ or purchasing something on our site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, Purchasers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 – TERMS OF USING OUR SERVICE

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

1.1 – DEFINITIONS:

“Circle(s)” include Private Circles and Public Circles and are products/services, events, experiences or workshops offered by a Merchant using our Services for Host-friends and their Family + Friends to purchase on the site, 

Use of the terms “MyCircles, “ “we,” “ us, “our,” “Company” refers to 13895807 CANADA INC. operating as MyCircles.

“Host-friend” is a member of our site and uses our Services to create events for her/his Family + Friends.  

“Host-friend Dashboard” is available for the Host-friend to communicate with the Merchant, follow Merchants, and keep a record of the Circles purchased.

“Family + Friends” are persons known or unknown to the Host-friend, and are invited to a Circle by the Host-friend for the purpose of purchasing a Circle together.

A “Merchant” is a business that provides Circles  for purchase using our Services for a Host-friend to enjoy with her Family + Friends.

“Private Circle” is a Circle created by a Host-friend and posted only for invited Family + Friends to access.

“Public Circle” is a Circle created by a Host-friend and posted publicly on MyCircles.ca for purchase by Family + Friends.

“Public Circle Content” is any material provided by Users, including images, text, information, video, sound/music, or post that is shared as a Public Circle on MyCircles or other social media platforms.

“Purchaser(s)” are Host-friends, Family + Friends  and anyone who purchases a Circle offered by a Merchant.

“Services” are defined by the tools, features, payment processing, products, listings and advertisements available on the MyCircles website.

“Users,” “you,” or “your” are anyone who is a Host-friend, Family + Friends, Merchant browsers, vendors, customers, Purchasers and/ or contributors of content accessing or using our Services for any reason, including consuming the information and/or being invited to a Circle.

A reference to one gender shall include a reference to the other genders.

 

SECTION 2 – GENERAL CONDITIONS

2.1  Terms that apply to you

By accessing the website, you agree to these Terms, and the following terms may also apply to you:

 

1. 1. If you are a User, you acknowledge that you have read and agree to the Privacy Policy.

1. 1. If you are a Merchant, the MyCircles Merchant Agreement and MyCircles Refund Policy Requirements apply to you.

1. 1. If you are a Host-friend or Family + Friend purchasing from a Merchant, the MyCircles Refund Policy Requirements applies to you.

2.2 Right to refuse service

We reserve the right to refuse service to anyone for any reason at any time.

2.3 Privacy Policy and Consumer Information

Upon accepting these Terms, you confirm that you have examined and agreed to the Privacy Policy, which are relevant to all Users. Additionally, you acknowledge that these policies are incorporated into these Terms by reference and are a fundamental aspect of them.

Our commitment is to protect your personal information, whether provided by you or collected through the Services, by following the guidelines outlined in our Family + Friends. We are committed to upholding the regulations and principles stated in our Privacy Policy as we handle and secure your personal data.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

2.4 Your use of our Services

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

You agree to maintain confidentiality and security of your account access and password. You must notify us immediately of any unauthorized use of your account. 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our Services and Circles are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service or Circles (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services or Circles.

 

SECTION 5 – SERVICES AND YOUR RELATIONSHIP WITH MYCIRCLES

5.1 The Role of MyCircles

MyCircles offers a platform for Host-friends to search for Circles and share them with Family + Friends to purchase. Our Services require the Host-friend to register on our platform as a member inorder to create a Circle offered by the Merchant.  Once the Host-friend becomes a member, she can communicate with the Merchant in a Private Circle or Public Circle and invite Family + Friends to chat in the Circle and pay individually through the Services provided.

MyCircles does not host or organize any Circles on our website. Any of the products or services offered by Merchants, made available through our platform are not endorsed or warranted by us in any way. We do not warrant that the quality of any events, services, information, or other material purchased or obtained by you, provided by us or Merchants operating on our platform will meet your expectations, or that any errors in the Service will be corrected. The Merchant is solely responsible for ensuring that any page displaying an event on the Services (and the event itself) meet all applicable local, provincial, national and other laws, rules and regulations, and that the goods and services described on the event page are delivered as described and in an accurate satisfactory manner.

The decision to purchase any of the services and/or participating in the events are between you and the Merchant and/or event organizer (as they are independent and separate entities not affiliated with MyCircles. You understand that by accessing or using the Services, you are not entering into a seller-customer relationship with MyCircles. You acknowledge and agree that you will not hold us or any of our  affiliates liable for any loss, injury, or claim of any kind resulting from your use and/or purchase of services, participation in events offered by the merchants/vendors on our platform.  

5.1 Sharing Circles

The Host-friend may share a Circle of interest with her Family + Friends via the social media links featured with each Circle.  The sharing of the Circle before creating a Private Circle or Public Circle is intended to gauge interest in participating in the Circle with those with whom the Circle is shared.

5.2 Messaging and Chats

The Host-friend has access to communicate with the Merchant directly via the Host-friend Dashboard to discuss the details of the Circle created from a Merchant’s offerings.  The Host-friend can invite Family + Friends by inviting them to their created Circle by email.  As a Host-friend accessing the messaging tools provided, you agree that:

 

1. 1. you are authorized to send messages to the email addresses and other contact information in your recipient list, and the collection of such addresses and information was done in compliance with relevant email and/or marketing regulations in the recipient’s country of residence;

1. 1. Your emails and other messages comply with all privacy policies under which the recipient addresses or other information were collected, and do not breach any of these policies.

1. 1. you will follow all applicable local, provincial, national and other laws, rules and regulations, including those relating to e-privacy and spam;

1. 1. you will use invitations only to invite Family + Friends to the Circle you created with the Merchant;

1. 1. should we send you a request to amend anyone’s email address or messaging preference,  you will respond immediately and follow our instructions provided;

1. 1. You are obligated to maintain the confidentiality of your account details and password.

If there is any unauthorized use of your password or account, or if you suspect any breach of security, you must inform us immediately. You are accountable for all activities performed under your account.

5.3 Payment Links

MyCircles partners with Stripe, Inc. (“Stripe”), a third-party payment processor that provides payment processing services between you and the Merchant.  We act as the facilitator of payment processing between you and the Merchant, and your payment details are transmitted to Stripe for payment to the Merchant..

5.4 Refunds

Should you request a refund as a Host-friend or Family + Friend, you must contact the Merchant directly because all purchases are transactions between the User and Merchant as per the Merchant’s refund policy as agreed to by you during check-out.   Please refer to the MyCircles Refund Policy Requirements for further information.

5.5 Our right to limit sales

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of events or product pricing are subject to change at any time without notice, at the sole discretion of us or the merchants. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

5.6 Copyrights and trademarks

You agree that contents of the website and Services and tools may be protected by copyrights, trademarks or other intellectual property and other proprietary rights and laws.

You are prohibited from using our Trademarks in a manner that could disparage us, any third party, or our or their products or services, or that could potentially harm the goodwill associated with the Trademarks. Additionally, you must not use any Trademarks as part of a link to or from any website, unless such use has been specifically approved by us in writing for each such link. Any goodwill that is generated through the use of our Trademarks shall accrue solely to our benefit.

Please be advised that certain patents that have been issued, as well as pending patents, apply to the Services. Furthermore, Site Content may also be subject to copyright protection that is owned either by us or by third parties. You are hereby advised that copying any portions of the Services may result in a violation of our patent and/or copyright rights.

By accepting the Terms, you agree and consent to MyCircles sending you disclosures, notices, messages, reports, and other communications. It is your responsibility to monitor these communications. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. 

 

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities of services purchased per person, per household or per order. These restrictions may include orders placed by or under the same Purchaser account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our platform. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

SECTION 7 – THIRD-PARTY TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 – USER COMMENTS, FEEDBACK AND SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10 – PERSONAL INFORMATION AND YOUR ACCOUNT WITH MYCIRCLES

Your submission of personal information through the website is governed by our Privacy Policy.  Should you wish to create a Circle and share and invite your Family + Friends, you will be required to create an account, and agree to the following:

 

1. 1. You are at least 18 years of age to use the Services.  If you are younger, you may use the Services under the direct supervision of a parent or legal guardian.  If you are under 13, please refrain from sharing any information about yourself with us.

1. 1. You are required to provide accurate, current, and complete information about yourself or the entity you are representing, and any changes to this information must be promptly updated.

1. 1. When you create and/or share a Circle with Family + Friends publicly through social media, Public Circle Content uploaded to the Circle is solely the Host-friend’s responsibility, and you hereby grant us a non-exclusive, irrevocable, royalty-free, transferable, sublicensable right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish, and create derivative works for:

       

      1. 1. Operating our Services which may include marketing of a Host-friend’s Circle on our website or other media; and
      1. 1. Internal communications within MyCircles.

1. 1. In the event of a dispute over account ownership between multiple parties or entities, we will serve as the sole arbiter, and our decision, which may include account suspension or termination, will be final and binding.

1. 1. In the event that you utilize our Services on behalf of a corporation or any other legal entity, you hereby assert and guarantee that you possess the legal power to obligate the said entity and confer upon us all consents and licenses mentioned in these Terms.

1. 1. We reserve the right to grant you the privilege to authorize certain permissions to third parties, such as “sub-users,” “sub-accounts,” or other authorized account users, within your account. In the event of such permissions being granted, you shall be solely responsible for all activities carried out under your account, including those executed by sub-users. It is incumbent upon you to maintain strict confidentiality with respect to your password and account information. Furthermore, all regulations that are pertinent to your account shall be enforceable against any third party who is granted access to your account.

1. 1. You are obligated to promptly notify us of any unauthorized use of your password or account, or any other security breach. You shall bear full responsibility for any and all activities undertaken through your account.

1. 1. You shall refrain from utilizing the Services to collect sensitive personal information, including social insurance numbers, financial information, payment card numbers, driver’s license numbers, and passport numbers, unless such collection is permitted by these Terms or we have provided written authorization for such data collection. This requirement is in accordance with relevant Canadian laws and regulations pertaining to the protection of personal information.

 

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant any aspect of the services offered on our platform.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

You expressly acknowledge and agree to follow all safety instructions provided along with the products and/or safety instructions made available to you through our website. 

In no case shall MyCircles, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 – INDEMNIFICATION AND RELEASE

14.1 Indemnification as a result of a third party claim

You hereby agree to indemnify, defend, and hold harmless MyCircles, its partners, officers, directors, agents, contractors, licensors, service providers, payment processing partners, vendors, other partners subcontractors, suppliers, interns, and employees (collectively, the “Indemnified Parties”) from and against any and all claims, demands, suits, proceedings, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or in connection with (a) your breach of these Terms, (b) your violation of any applicable law or regulation, (c) your unauthorized use of the Services, (d) any claim that your use of the Services infringes on the rights of any third party, or (e) any other claim or demand made by any third party due to or arising out of your use of the Services. You agree to cooperate fully with us in the defense of any such claim or demand. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to not settle any such matter without our prior written consent.

14.2  Release of MyCircles

You hereby agree to release and discharge us and our partners, officers, directors, agents, contractors, licensors, service providers, payment processing partners, vendors, other partners subcontractors, suppliers, interns, and employees , (collectively referred to as the “MyCircles Released Parties”) from all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) of any kind or nature, known or unknown, arising from or related to any dispute between you and any third party in connection with the Services, including your Circles, any comments or feedback provided or received.

 

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Ontario and Canada.

 

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@mycircles.ca.