These terms and conditions ("Agreement") applies to companies' and other organizations' ("Customer") use of
Tick Circle' ("tickcircle.com") review service ("Tick Circle Review Collection Service"), including but not limited to
Customer's trial use of the Tick Circle Review Collection Service.
You must agree to these following terms in order to use the services provided to you by Tick Circle. These terms are applicable to all users of website and services. In order of disagreement you will not be allowed to use the site or services.
The rights to all company names, brands and other trademarks are reserved and belong to either Tick Circle or third parties. These are not open for public use. Rights of the company are non-transferable. All Tick Circle partners can use the provided images in Tick Circle member area. However, the site's content cannot be copied or used anywhere else.
Your subscription package can be cancelled with us at any time. A 30-day written notice is required. You will be charged for ongoing services being provided to you until received written confirmation. For any details, information or cancellation you can write to us at support@tickcircle.com. Your 30-day period will begin when your written notice is acknowledged. A final month payment will also be charged. Your billing will begin as soon as your account is active. Tick Circle reserves the right to display reviews written on tickcircle.com or if a client cancels subscription.
Customers and users will not be compensated against any loss or damage suffered by Tick Circle as a result of third-party claims or by any claims or allegations by any governmental authorities that:
(a) The use of any content provided by Customer infringes the intellectual property rights of a third party and/or violates applicable law or the Guidelines.
(b) Tick Circle use of Consumer data in accordance with this Agreement is in breach of the Data Protection Requirements or any other applicable laws related to data privacy or GDPR
(c) Any email/message sent or caused to be sent by Tick Circle on behalf Customer violates any applicable law, rule or regulation.
No claims are to be made against Tick Circle by costumers related to user content, or any claims saying content is defamatory, offensive or harmful in any way. Compensation to Tick Circle will have to done in the case of harm or damage by customer or anybody in affiliation to any business.
5.1 Neither party excludes in the case of any loss in respect of injury, death, fraud, or any other loss that may not be lawfully excluded under law.
5.2 Neither party shall be liable for any loss of profits or revenues, loss of business opportunity, loss of goodwill or reputation, loss of data or any indirect, consequential or special loss.
5.3 3 To the maximum permitted under law, under no circumstances whatsoever will Tick Circle nor its affiliates or partners, directors, employees, shareholders, subcontractors or suppliers be responsible or liable, under any legal actions, whether based in contract, tort or otherwise, for any compensatory, direct or indirect, consequential damages, including any lost profits and lost business opportunities, revenue, income, goodwill, use, data or other intangible losses or special damages that result from or relate in any manner. Whatsoever to this agreement or the matters contemplated herein, even if advised of the possibility of such damages? Notwithstanding anything to the contrary, in the event that Tick Circle is found liable or responsible to you for any claim, loss, damage or expense in connection with these terms and/or the matters contemplated herein, Tick Circle's aggregate liability to you is none.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply.
You recognise and agree that the warranty disclaimers and liability and remedy limitations in these terms are a material bargained-for basis of these terms and that they have been taken into account and reflected in the decision by Tick Circle to offer to you and by you to use the services and the platform.
Your information is protected by the company. The credit card processing vendor used the latest 128-bit Secure Socket Layer (SSL) technology for security of transactions. Our vendor is certified as compliant with card association security initiatives, like the Visa Cardholder Information Security and Compliance (CISP), MasterCard (SDP), and PayPal, etc.
Tick Circle accounts require IDs and passwords. These must be kept confidential and are not to be disclosed to any third party. This information is so confidential that it cannot be seen by the company too, so in case of it being lost, forgotten passwords cannot be resent. The company can only reset the passwords for the users of the account.
Contributions are not posted on the website by Tick Circle. The company is not being held responsible for the reviews or comments made the review platform users. If you would like to remove comment or discuss an issue, with the Tick Circle website you can contact our compliance department at support@tickcircle.com.
Tick Circle is not responsible for the accuracy of contributions published by registered users on the website. Contributions of technical, external or any other cause may be changed or deleted in connection with the publication on the website or the following.
Tick Circle recommendations and reference to concrete companies, e-shops etc. is only guiding and Tick Circle can in no way be held responsible if the guiding recommendation turns out to be incorrect or misleading.
The platform, including without limitation any and all Tick Circle materials, the services (including without limitation installation, integration and implementation services) and content are provided by Tick Circle "as is" and without warranties of any kind either expressed or implied. Tick Circle does not warrant that the Tick Circle materials, the services or content available through the platform will be uninterrupted or error-free, or that the platform or the server(s) that make the platform available are free of viruses or other harmful components. Tick Circle does not warrant or make any representations regarding the use or the results of the use of the services, the Tick Circle materials or other content available through the platform in terms of their correctness, accuracy, reliability, or otherwise. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of or reliance upon the platform, Tick Circle's website, or the services.
Reviews written by reviewers will only be displayed on Tick Circle and the collecting company's website. You may also be identified as the customer of tickcircle.com
You must register on the website to enjoy all services provided by us or get access to them. When getting registered you must choose a password to be used in the future along with your E-mail. This information is to be kept confidential. The company reserves the right to delete a user's account for any reason at any time without notice.
All material, information, reviews and mentions that are received from registered users via the website will be regarded as non-confidential, non-exclusive and will not entitle the reviewer to royalties or any form of compensation.
Users are responsible for the content of the comments or reviews that they publish. Tick Circle is not responsible for any comments that are classified as Defamation by the law.
Users are advised not to post content on the website that has:
a) Sexist or racist characteristics or content, or condescends certain people or groups.
b) Content including copyrighted material.
c) Disloyal or unlawful purpose of content.
d) Information that is known to be false.
e) Any personal information.
Contributors are in all cases responsible for the legality of the contribution. If a violation is found, the contribution will be deleted immediately. The offender will also be banned from writing future reviews or comments.
We reserve the right to delete contributions at any time and with no warning or explanation. If you email support@tickcircle.com we will do our best to provide a reason.
We reserve the right to send a review request email on behalf of a Company/Website if requested to do so by a genuine customer.
To make your experience here at Tick Circle better, user data is collected by the company at the time of registration. The data is kept safe with the company and will not be given to any third-parties.
To ensure that users get the best possible experience from using the website, we process information about search behavior and other user behavior on the website, including the total number of visits to the website. The information will, however, not be processed in a way that can trace the behavior to specific users. This statistical and non-personal information can be transferred to third parties.
Cookies are used on the website to monitor what parts of the website the user's browser has previously visited and enables us to adjust the website's content accordingly. However, we do not process information, gathered by cookies in this manner, which can connect the user behavior with specific users.
Our processing of personal data is carried out according to the law of personal data.
Registered users can contact us if they request information about what data that are processed about them or if they wish to have the information deleted or rectified. Furthermore, registered users can at any time withdraw their consent, which can happen by contacting support@tickcircle.com. Withdrawal of consent will be considered as a request to be deleted as a registered user altogether.
We have initiated a number of technical and organisational arrangements to ensure that personal information that is being processed does not delete, disappear, deteriorate or gets into the hands of unauthorised parties.
Client agrees to comply with its obligations under EU Data Protection Directives as a data controller and any other legislation and/or binding regulations implementing or made pursuant to them ("Data Protection Requirements").
When enabling the Review Collection Services the Client is - in accordance with the Data Protection Requirements - regarded as a Data Controller of the Consumers' personal data, which is provided to Tick Circle when Client uses the Review Collection Services Tick Circle and Tick Circle is regarded as the data processor. This entails that Tick Circle shall only act by instructions from Client in regards to the provided personal data about the Consumers. It is the sole responsibility of Client to provide such instructions to Tick Circle. Tick Circle shall make the necessary security measures to comply with the obligations of a data processor, including ensuring that the information is not (i) accidentally or unlawfully destroyed, (ii) lost, altered or damaged, (iii) disclosed to or accessed by any unauthorised person, (iv) misused or (v) in other ways treated in violation of the Data Protection Requirements. On Client's request, Tick Circle will, in line with and to the extent provided for in the Data Protection Requirements, supply Client with sufficient information for Client to assure that the above-mentioned technical and organizational security measures have been made. All data collected and processed about Consumers after they sign up on Tick Circle website are processed by Tick Circle as a data controller.
Tick Circle is not responsible for and assumes no liability for the Consumers' conduct on or use of the Tick Circle Service, including the content published by the Consumers (such content, "User Content"). Tick Circle does not and cannot control or monitor the User Content and Tick Circle does not endorse any User Content, nor does the opinions expressed in the User Content represent the opinions of Tick Circle, its affiliates, or any of its or their officers, directors, employees, contractors or shareholders. The Agreement shall not be regarded as Tick Circle's approval.
The rights (including all intellectual property rights) in any material, information, notifications, reviews, photos or other types of user generated content (UGC) created on the Website by Reviewers is licensed to Tick Circle for its non-exclusive use. The Reviewer is not entitled to royalty payments or any other compensation or fee related to such content.
13.1 Either party may terminate this Agreement forthwith if:
13.1.1. The other fails to pay any sum due on or before the due date and the party wishing to terminate has given the party in default 14 days written notice requiring payment and the party in default has failed to pay in the 30 day period; or
13.1.2. The other does anything which in the reasonable opinion of the party wishing to terminate brings or is reasonably likely to bring the party wishing to terminate into disrepute; or
13.1.3. A resolution is passed for the voluntary or compulsory liquidation of the other or a receiver is appointed over all or part of its business or if the other is an individual has a bankruptcy petition presented against him or her.
13.1.4. On the initial payment, the supplier may cancel within 7 days, in which case any money paid will be refunded in full.
13.2 On the termination of this Agreement pursuant to all rights of either party to make use the name and/or logo of the other shall immediately cease.
13.3 On termination for both parties shall promptly account to the other for all payments due in accordance with this Agreement and the rights of both parties under this Agreement shall continue during that period.
We reserve the right to defer the delivery of any of the Services in case we are prevented from or delayed in the provision of the Services due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 28 days you will be entitled to give notice in writing to us to terminate this Agreement.
Terms and conditions relating to the provision of market research and consumer feedback services
15.1 During the Term you will, where there are fees due, pay the Fee to us on each Payment Date in full without any deduction (whether by way of set-off, counterclaim, discount, abatement or otherwise).
15.2 If you fail to pay us any sum due under these Terms and Conditions you will be liable to pay interest to us on such sum from the due date for payment at the annual rate of 3% above the base lending rate from time to time of Barclays Bank PLC, accruing on a daily basis until payment is made, whether before or after any judgment. In addition, we reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
16.1 Tick Circle is committed to creating and maintaining a community of trustworthy and useful reviews. Central to achieving this are Tick Circle's core values of integrity, trust and transparency. Tick Circle expects those who use the platform and/or do business with Tick Circle, incl. the Customer, to make decisions that reflect strong ethics and fit with Tick Circle's values. Tick Circle requires its customers, suppliers, contractors and business partners to adhere to the principles set out in its Code of Ethics.
16.2 The Customer accepts and agrees to comply with Tick Circle's Code of Ethics.