Dispute Resolution Policy for Cirkular Ltd.

1. Introduction

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This Dispute Resolution Policy ("Policy") outlines the procedures for resolving disputes between you ("user" or "you") and Cirkular Ltd. ("Cirkular," "we," "us," or "our") arising from your use of the Cirkular platform ("Platform"). We are committed to providing accessible and fair means to resolve any issues that may arise. By accessing or using our Platform, you agree to the terms of this Policy.

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2. Scope of the Policy

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This Policy applies to any dispute, claim, or controversy arising out of or relating to:

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• Your access to or use of the Platform.

• Any products or services provided through the Platform.

• Any aspect of your relationship with Cirkular.

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This Policy is intended to be interpreted broadly and includes, but is not limited to, claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.

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3. Initial Resolution Efforts

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In the event of a dispute, you and Cirkular agree to first attempt to resolve the matter through good faith negotiations. You can contact our customer support team at [email protected] to discuss your concerns.

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4. Alternative Dispute Resolution (ADR)

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a. Mediation and ADR Options

If the dispute cannot be resolved informally within 30 days, either party may propose to resolve the dispute through voluntary mediation or other forms of Alternative Dispute Resolution (ADR). Participation in ADR is voluntary and requires the mutual consent of both parties after the dispute has arisen.

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b. Compliance with EU Regulations

For users residing in the European Union (EU), including Germany and Mainland Europe, we comply with the EU Directive on Consumer ADR and the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz, VSBG).

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EU Online Dispute Resolution Platform:

• The European Commission provides an Online Dispute Resolution (ODR) platform, which can be accessed at https://ec.europa.eu/consumers/odr/. The ODR platform is a web-based platform designed to help consumers who have bought goods or services online resolve their disputes out-of-court.

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Our Participation:

• While we are not obligated to participate in formal ADR procedures, we are willing to consider using mediation services provided through the ODR platform or other reputable ADR entities to resolve disputes amicably.

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c. How to Initiate ADR
 

• Contact Us:

If you wish to pursue ADR, please contact us at [email protected] with details of your dispute and your proposal to engage in ADR.

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• Mutual Agreement:

Both parties must agree to the specific ADR process, mediator, or institution to be used. We are open to discussing options that are convenient and acceptable to both parties.

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5. Arbitration (Outside the EU)

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For users residing outside the European Union, including users in the United States (upon entering the U.S. market) and other jurisdictions where permissible by law, the following arbitration provisions apply if both parties mutually agree to arbitration after a dispute has arisen.

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a. Voluntary Arbitration Agreement

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• Mutual Consent Required:

Arbitration is voluntary and requires a separate, mutual agreement between you and Cirkular after the dispute has arisen. This Policy does not impose mandatory arbitration.

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b. Arbitration Procedures

If both parties agree to arbitration, the following procedures will apply:

 

• Arbitration Rules: The arbitration will be conducted under the rules of a reputable arbitration institution agreed upon by both parties.

• Governing Law: The laws governing the arbitration agreement will be determined based on mutual agreement and applicable local laws.

• Location and Language: The location and language of the arbitration will be determined by mutual agreement.

• Arbitrator's Authority: The arbitrator will have the authority to resolve the dispute and issue a binding decision.​

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c. Confidentiality

All aspects of the arbitration proceedings, including but not limited to the award and any materials exchanged during arbitration, shall be kept confidential except as required by law.

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7. Governing Law and Jurisdiction

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a. Users in the United Kingdom

This Policy and any disputes arising out of or relating to it shall be governed by and construed in accordance with the laws of England and Wales.

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b. Users in Germany and Mainland Europe

The governing law will be that of the country in which the user resides.

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c. Users in the United States

The governing law will be determined in accordance with the laws of the state where the user resides or as mutually agreed upon.

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d. Users in Other Jurisdictions

Governing law and jurisdiction will be determined based on applicable local laws.

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8. Severability

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If any provision of this Policy is found to be invalid or unenforceable, that provision shall be severed, and the remainder of the Policy shall remain in full force and effect.

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9. Changes to This Policy

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We may update this Dispute Resolution Policy from time to time. If we make material changes, we will notify you by email or through a notice on our Platform prior to the change becoming effective. Your continued use of the Platform after the effective date of the updated Policy constitutes your acceptance of the changes.

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10. Contact Information

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If you have any questions or concerns about this Dispute Resolution Policy, please contact us at:

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Cirkular World Ltd

71-75 Shelton Street Covent Garden

WC2H9JQ

London

Email: [email protected]

 

Important Note:

• Read Carefully: This Dispute Resolution Policy outlines your rights and options in the event of a dispute with Cirkular.

• Voluntary Participation: Participation in mediation, arbitration, or any form of ADR is voluntary and requires mutual agreement after a dispute arises. 

• Legal Advice: If you have any questions about this Policy, please consult with legal counsel before agreeing to its terms.