Terms of Service

Terms of Service

Provisions applicable from the 1^st of March 2023

Preamble:

The site www.thecircle.com (hereinafter “the platform” or “the site”) is owned by adviqo UK Limited, a company registered in England and Wales with company number 03487227 whose registered office is at Anglia House, 6 Central Avenue, St Andrews Business Park, Thorpe St Andrew, Norwich, Norfolk. NR7 0HR (referred to herein as "We", "Us" or "Ours") and whose VAT registration number is GB 896109096

Publication Director: Mr Nicolas Grumbach

These Terms of Service applicable to every use of the platform and to all orders for services placed by the user of the platform

1. Definitions

• Advisor account: account created through registration by an Advisor and whose profile has been integrated on the TheCircle platform following registration.
• Internet user account: account created through registration by an online user and whose profile has been integrated on the TheCircle platform following registration.
• Terms of Service, Terms and Conditions, General Terms and Conditions, or T&C: these contractual conditions made available on the Homepage of the platform for any Internet user in order to allow them to understand their use.
• Login or Credentials: the email address and password chosen by the Internet user or the Advisor.
• Advisor, Supplier, Reader, Provider: any natural or legal person who, on a non-professional or professional basis, offers, according to the conditions defined by them, their service through the TheCircle platform and has accepted the general and special conditions applicable to the Advisor.
• Parties: the interested parties, i.e. the adviqo UK Limited and the User.
• TheCircle platform: technical platform that connects Users and Advisors, administered by the adviqo UK Limited.
• TheCircle top-ups: purchased on the site in denominations of £10, £20, £25, £30, £35, £50, £75, £100, they can be used by the Internet user to pay for a telephone and chat consultation with a charge per minute based on the Advisor’s tariff.
• Service: purchase by the User of services offered by TheCircle's Advisors, telephone consultations and chats between the user and the Advisor.
• Clients Service: support service dedicated to users and Advisors, available via email [email protected] or by post at the address: adviqo UK limited, TheCircle, 117 Waterhouse Business Park, Chelmsford, CM1 2QE, United Kingdom.
• Internet user: anyone who accesses or browses the platform, whether it's an Advisor or a simple Internet user (passive presence).
• User: any natural or legal person who benefits from the services provided by the platform and who has accepted the general conditions and the special conditions applicable to the User (active presence).
• Territory: The United Kingdom of Great Britain and Northern Ireland

2. Purpose

These Terms of Service govern the sale of services by adviqo UK Limited through the platform.

The Internet user is duly informed and acknowledges that the platform is aimed at Consumers and Professionals and that these Terms of Service only govern the sale of services by adviqo UK Limited through the platform.

If you are a professional, the contractual conditions governing your relationship with TheCircle are available at the following address: https://advisors.thecircle.com/avdvisors-terms-of-service

3. Acceptance of the general conditions

These Terms of Service define the general framework applicable to Internet users and Advisors, subject to the special conditions applicable to the Advisor and Internet user

The use of the sites www.thecircle.com and advisors.thecircle.com is subject to Terms of Service.

By signing the offer presented on the website www.thecircle.com, the Internet user and the Advisor declare that they accept all the Terms of Service, without any reservations.

Consequently, the signing and/or validation of the online registration screens implies acceptance by the user and the Advisor of these general and special conditions.

Each connection to the service is subject to compliance with these general and special conditions, both of which can be downloaded by the Internet user and the Advisor from the site www.thecircle.com

TheCircle reserves the right to assign and/or transfer to a company of its choice all or part of the rights and obligations arising from this relationship between Advisors/Internet users and TheCircle.

4. Order of a performance

4.1 Registration and connection from the Internet user account

To place an order for a service, the Internet user must have an Account and must access it with their credentials.

The Internet user must therefore have previously registered for free on the platform, in accordance with the provisions of art. 5 of the Terms of Use available by clicking on the following link: www.thecircle.com/terms-of-use.html

The Internet user will fill in all the obligatory fields of the form and undertake to provide TheCircle with all the accurate, complete and updated information in order to allow it to validate the creation of their personal account.

4.2 Description of the Service

TheCircle consists of a portal that offers Internet users and Advisors the right to use the Platform in order to carry out the exchange of services between the Internet user and the Advisor.

Services are made available by the Advisors through TheCircle platform: telephone consultations and chats with a per-minute tariff.

The User can contact the Advisors who carry out the services they choose on the site.

The User hereby agrees to perform the entire service through the TheCircle platform which purchases the aforementioned service from the Advisor and resells it to the User.

4.3 Performance characteristics

The User can purchase the following services on the platform:

telephone consultation and consultations via chat:

• Psychic

The User can launch a telephone and chat consultation or a chat from the Psychic heading with the Advisor of their choice via the platform.

By clicking on the heading “Psychic”, the User can view all the Psychic services offered by the Advisors or choose from the following sub-categories: Clairvoyance, Tarot Cards, Numerology, Horoscope, Astral Chart and Psychic.

By clicking on the Advisor of their choice, the User sees the call, the description of the Advisor, the number of consultations they have provided, their average rating and Client reviews.

4.4 Price

For each service, the User will find the cost in pounds on the platform including VAT.

The cost includes value added tax (VAT) at the rate in force in the UK on the date of the order. Any change to the applicable rate may affect the cost of the services from the date of entry into force of the new rate.

The VAT rate is shown as a percentage of the value of the service sold.

The tariff of the Advisors on the platform can be changed. As a result, the tariffs shown on the platform may change. They may also vary in the event of special offers or sales.

The tariffs shown are valid, except in the case of an obvious error. The applicable tariff is that indicated on the platform on the date on which the order was placed by the User.

4.5 Order procedure - Consultations

The Internet user has access to Advisor profiles showing the tariff per minute for the consultation.

In order to be able to carry out a telephone and chat consultation, the Client must click on the “call” or “chat” button to be put in direct contact with the Advisor of their choosing provided they have sufficient credit in their account.

The Internet user can proceed with the purchase of the credit via a TheCircle top-up before requesting a consultation.

Depending on the TheCircle top-up purchased, the User will see the purchased amount credited to their account.

Normal top-up amounts are £35, £50, and £100

The adviqo UK Limited also reserves the right to offer the Client top-ups of different amounts and, in particular, a minimum top-up of £20 for the first purchase on TheCircle.

A surcharge of £0.30 per minute will be applied to client for each telephone consultation carried out from a mobile phone.

Calls and Chats are rounded up to the next minute.

The total available credit on the TheCircle account (net of the surcharge for mobile phone transfer) will determine the total number of minutes available to the User to consult the Advisor based on the tariff shown on the Advisor page and visible by the Client before confirming the consultation request.

The adviqo UK Limited reserves the right to offer the Internet user a pay-per-use (by the minute) payment by credit card for the exact value of the consultancy and with a maximum limit of £99.

To guarantee payment of the exact value of the consultancy, the maximum sum of £99 may be subject to a pre-authorisation on the Client's credit card.

At the end of the consultation, only the exact amount of the consultation will be charged, and the amount of any pre-authorisation will be reversed.

The release times of the sum of £99 will depend exclusively on the Client's credit card circuit once the exact value of the service has been charged.

All Clients benefit from a promotional tariff of £0.99/minute on the welcome bonus for the first free phone consultation and on the credit of their first top-up or for the first paid consultation carried out in pay-per-use in the absence of prior credit purchase by means of a top-up.

The adviqo UK Limited waives all liability for the price of the service (transaction) which is established exclusively by the Advisor.

The purchase of the Advisor's services constitutes an act concluded between the parties only, Advisor and User, with respect to which TheCircle is a third party.

The transaction between the Advisor and the User is considered concluded and finalised when the Advisor and the User establish contact via the platform and the Advisor accepts the Service request made by the User.

In fact, the User acknowledges that the Advisor is not obliged to accept all contact requests and that therefore the conclusion of the transaction, with the consequent obligation for the User to pay the cost, is subject to acceptance by of the Advisor of the request for Service made by the Internet user.

The TheCircle credit is valid for 6 months starting from the date of purchase, after which, and subject to at least 30 days' notice by email, TheCircle will consider the User to have renounced the unused sum of which the User will therefore not be reimbursed. Furthermore, if the User has never logged in in the last 6 months, the registration may be cancelled, and the account closed.

5. Online reviews

The User can leave a review on the services performed through the platform.

As part of the collection of reviews made by Consumers on the platform, TheCircle hereby undertakes to provide Users with fair, clear and transparent information on how reviews are published and processed online. In this regard, TheCircle undertakes in particular to publish the date of the review and any updates.

It should also be noted that TheCircle does not exercise any prior control over reviews.

In case of control over the reviews, TheCircle undertakes to ensure that the processing of personal data used in this context complies with the EU Data Protection Regulation (EU GDPR) and the UK Data Protection Regulation (UK GDPR). 

Only Users who have requested a service will be able to publish a review referring to the service itself.

Each consultation lasting more than three minutes for free consultation or more than nine minutes for paying consultation each gives the right to a review.

The maximum deadline for publishing a review is 30 days from the date of the service.

The review has the function of review and must concern the quality of the service received to help other Internet users of the platform in choosing their Advisor.

Any reviews that do not give an opinion on the performance, contain direct questions or requests for advice, contain private contacts or references to facts or identifiable third parties or with rude language are removed from the site.

A User who wishes to contact TheCircle regarding a review can write to the following email address: [email protected]

In the event of a relevant report, TheCircle undertakes to delete a review in the event that:

• It does not comply with these Terms of Service.
• It contains abusive, defamatory, racist or illegal elements.

 A user, who has been reported on several occasions, may have their TheCircle account closed for inappropriate reviews. 

6. Withdrawal period

The User has the right to exercise their right of withdrawal by sending an explicit declaration to Client Services, available at the Web address [email protected] within 14 days from the conclusion of the contract.

If the last day of the aforementioned deadline falls on a Saturday, Sunday or holiday, the deadline is deferred to the first free working day.

Within 14 days from when TheCircle is informed in writing of the User's decision to withdraw, TheCircle will refund the payments received by bank transfer, as well as cancel the User's account.

In accordance with legal provisions, the right of withdrawal is lost and is understood to be expressly waived if the User, in the time interval for exercising the withdrawal, has logged in and has used the Service.

7. Payment

7.1. Payment methods

The User can pay for services on the platform with the following payment methods:

1. Credit card: the User must have a credit or prepaid card issued by a credit institution and usable at merchants and service Advisors affiliated with the network
2. b) PayPal: General Conditions https://www.paypal.com/it/webapps/mpp/ua/legalhub-full?locale.x=EN_gb

The User must have a PayPal account and sufficient credit to pay for the service ordered

1. ApplePay: Terms and Conditions https://www.apple.com/legal/applepayments/direct-payments/

The User must have an ApplePay account and sufficient credit to pay for the service ordered

7.2. Payment date

In the event of payment made by credit card only, the debit will be made directly from the User's account as soon as they place the order for the service on the platform.

If the User decides to cancel the order for unavailable services, the refund will be made in accordance with art. 6 hereof

7.3. Payment refusal

If the bank refuses the debit operation on a card or other payment method, the User must contact TheCircle's Complaints Service in order to pay for the order using any other valid payment method accepted by the system.

In the event that, for any reason (objection, refusal, etc.), the sending of the amount due by the User proves impossible, the order will be cancelled, and the sale will be automatically terminated.

8. Evidence and archiving

Any contract concluded with the User corresponding to an order for a sum exceeding £120 including VAT will be filed in the system for a period of 10 years.

TheCircle agrees to store such information in order to ensure the monitoring of transactions and to produce a copy of the contract upon request of the User.

In the event of a dispute, TheCircle will be able to prove the reliability of its monitoring system by guaranteeing the integrity of the transaction.

9. Liability

TheCircle waives all liability in the event of non- or inadequate fulfilment of the User's contractual obligations, in particular when ordering a service.

TheCircle waives all liability, in case of non-compliance by the company with the obligations set out herein, for any delay or non-fulfilment, if the delay and non-fulfilment are due to force majeure, as defined by the case law of the UK courts and tribunals.

It should also be noted that TheCircle does not exercise any control over the websites directly or indirectly associated with the platform. Accordingly, TheCircle waives all liability for the information published therein. Links to third party websites are provided for information only and TheCircle makes no guarantees as to their content.

1. Force majeure

TheCircle waives all liability in the event of failure or delay in the execution of one of the obligations described herein due to force majeure.

In the contractual context, force majeure is understood as a fact outside the sphere of control of the debtor, unforeseeable at the time of concluding the contract, the effects of which cannot be prevented in any way and which causes the debtor to fail to fulfil their obligations.

 If the impossibility is only temporary, the debtor, as long as it lasts, is not responsible for the delay in the non-fulfilment unless the delay justifies the termination of the contract. If the impossibility is definitive, the contract is terminated, and the parties can consider themselves free from the obligations. In this regard, TheCircle waives all liability in the event of an attack by hackers, unavailability of materials, supplies, spare parts, personal equipment or otherwise, and interruption, suspension, reduction of electricity or any problem related to it, any interruption of electronic communication networks, any circumstance or fact outside TheCircle's sphere of control which arises following the conclusion of the contract and which prevents its fulfilment under normal conditions. It should also be noted that, in one of the situations described above, the User cannot claim the payment of any indemnity and cannot lodge an appeal against TheCircle. In the event of one of these events occurring, TheCircle will try to inform the User as soon as possible. 

1. Support 

To answer the user's and/or the Advisor's technical questions and help them solve any malfunctions related to the use of software used by the adviqo UK Limited, the latter provides a support service which the Internet user and the Advisor can contact to report any problems, by

• Telephone: 0808 168 6337 or for non-uk +44 203 835 5700

• Postal address: adviqo UK limited, TheCircle, 117 Waterhouse Business Park, Chelmsford, CM1 2QE, United Kingdom.
• Email address: [email protected]

The adviqo UK Limited will provide technical support on working days, from Monday to Friday, from 9:00 a.m. to 5pm., it being understood that the adviqo UK Limited is bound by an obligation of means and not of result.

In the event of an unscheduled interruption in the provision of the Service, during which the Internet user will not be able to access or use the Service due to the problem observed, unless this depends on force majeure, the Internet user may submit a refund request for the part of their lump sum or pro-rata time of the interruption.

The indemnity will be paid by TheCircle within 30 days of receipt of the request which must be submitted in writing by the User within 30 days of the interruption.

2. Complaints

The Internet user acknowledges that the services subscribed to on the platform are under their control and responsibility. Consequently, the adviqo UK Limited will not be held responsible for the use and content of the information disseminated.

In the event of dissatisfaction on the part of the Internet user with the Service (Transaction) provided by the Advisor, the Internet user cannot make objections in order to avoid or delay the payment of the Provision or Service.

In the event of a dispute, the Internet user and the Advisor may, if they consider it appropriate, report its presence to the adviqo UK Limited’s Clients Service, which will work towards an amicable solution to the dispute between the Advisor and the Internet user.

In the event of no agreement within three months of the request sent to TheCircle for intervention for an amicable settlement, the Internet user and the Advisor will be able to initiate, if they wish, the actions they deem most appropriate against the party deemed to be in breach

It is understood that the adviqo UK Limited, a third party with respect to the Transaction between the Internet user and the Advisor, cannot be called to answer with regard to the quality, price, nature, reliability and accuracy of the service provided by the Advisor, held directly and exclusively to be liable to the Internet user for its Service.

3. Intellectual property rights

13.1 adviqo UK Limited’s intellectual property rights

adviqo UK Limited declares that it holds the rights to the software made available to the Internet user and the Advisor.

Any act of counterfeiting or unfair competition or other act deemed to be such by third parties, of which the User and/or the Advisor is aware, must be reported to adviqo UK Limited which will proceed to pursue the reported case.

adviqo UK Limited owns all trademarks and logos used on its site. No use of its trademarks and logos can be made by third parties, by the Internet user or by the Advisor.

All texts, images, icons, drawings, graphics, photographs, programs and other components of its sites, including the site www.thecircle.com and advisors.thecircle.com are the property of the adviqo UK Limited and are protected by the UK law on Copyright.

Reproduction for any purpose of images, texts, icons, drawings, graphics, logos, photographs, programs and other components of the adviqo UK Limited sites is strictly prohibited without prior written consent.

adviqo UK Limited reserves the right to prosecute natural or legal persons, third parties, Internet users or Advisors who have illegally attacked the software and/or components of the site (images, texts, icons, drawings, logos, photographs, programs and other) to be compensated for the damage caused.

It is prohibited for the Internet user and the Advisor, without this list being exhaustive, to:

• Modify or have the software modified, even if the intent is to fix any errors.
• Duplicate, reproduce, copy, extract, modify the software or integrate it into a derivative instrument.
• De-assemble, remove, tamper with, modify, reverse engineer, decompile, decipher the software, its documentation or source code.
• Make improvements to the software or use other methods that have the objective or result of gaining access to the source code or protocol of the software used by the adviqo UK Limited.
• Incorporate, integrate, reuse, include any or all of the software into another software, program or service.
• Distribute, redistribute, assign, loan, transfer, transform, guarantee or sub-license the software.

The User and the Advisor will not be able to access the software sources.

The User must be the exclusive owner of the industrial and/or intellectual property rights to the software, databases, photographs, files, sounds, images, videos and/or designs, models, brands, etc., without this list is exhaustive, which they will communicate under their own responsibility to the Advisor when requesting digital services. The Advisor will not be able to claim any right to these elements and, upon payment of the service by the User, will definitively assign to them all intellectual property and usage rights on the work created.

The User will not be able to access the software sources in any way. Acceptance of this agreement constitutes acknowledgement by the User of adviqo UK Limited intellectual property rights and a commitment to respect them.

adviqo UK Limited grants a personal, non-exclusive and non-transferable right to Users authorising them to use the platform and the information contained therein in accordance with this.

Any other use of the platform and its content not mentioned herein cannot be made without prior authorisation expressed by TheCircle.

4. Processing of personal data

14.1. Data processing by TheCircle

It is agreed that the personal data provided to each other will be processed in compliance with current legislation. By the term “processing” we mean (by way of example and not exhaustively): collection, registration, organisation, storage, consultation, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, dissemination, cancellation and destruction of personal data. These data will be processed exclusively for purposes connected and instrumental to this contract.

The data will be processed using tools that guarantee the security and confidentiality and may also be carried out using automated tools designed to save, manage and transmit the results themselves.

In relation to the aforementioned treatments, the adviqo UK Limited is responsible for the processing of personal data, which the Parties may contact to exercise their rights.

Likewise, the visitors, Internet user or Advisor, of the adviqo UK Limited sites are required to comply with the envisaged provisions and a breach of which is liable to criminal sanctions.

In particular, they will have to refrain, with regard to the nominative information to which they access, from collecting, using improperly, and in general carrying out actions likely to cause damage to the private life or reputation of individuals.

For commercial purposes, TheCircle may transfer the names and details of Users to its partners.

In accordance with EU Data Protection Regulation (EU GDPR) and the UK Data Protection Regulation (UK GDPR) relating to the protection of individuals with regard to personal data personal nature and their free movement which repeals Directive 95/46/EC (General Data Protection Regulation known as GDPR), TheCircle ensures the implementation of the rights of the data subjects.

It is recalled that the User whose personal data are processed benefits from the rights of access, rectification, updating, portability and erasure of the information concerning them, pursuant to the provisions of the Data Protection Act and the provisions of the General Data Protection Regulation (GDPR).

The User can define directives relating to the fate of their post-mortem data.

The user can also request the limitation of the processing that concerns them and can lodge a complaint with the Information Commissioner's Office.

Pursuant to the provisions of the EU Data Protection Regulation (EU GDPR) and the UK Data Protection Regulation (UK GDPR) the User may also, for legitimate reasons, object to the processing of data concerning them, without reason and free of charge.

The User can exercise these rights by sending an email to the address [email protected] or a registered letter to adviqo UK limited, TheCircle, 117 Waterhouse Business Park, Chelmsford, CM1 2QE, United Kingdom.

It should be noted that the User must prove their identity in any way.

The Parties, Advisor and Internet user recognise and explicitly authorise the adviqo UK Limited to save the exchanges that took place between them by means of remote communication (telephone conversations and email exchanges) as well as the data saved and recorded on the Platform such as the connection data to the Platform and that these recordings can have probative value among the interested parties.

The adviqo UK Limited reserves the right to send the Internet user at any time and by post newsletters, SMS and other non-promotional communications relating to the personal account.

The adviqo UK Limited may also send promotional messages to Internet users (by email, SMS or by post) to promote services similar to those already purchased by the Internet user on the TheCircle platform.

Provided the Internet user gives their prior consent when registering on the THECIRCLE platform or via their personal account, the adviqo UK Limited may also send newsletters and other messages by email, post or SMS.

The Internet user may also receive messages from Advisors that they have already consulted via TheCircle's internal messaging system and without their email address being communicated to the Advisors.

At any time, the Internet user may object to receiving promotional messages by contacting the adviqo UK Limited’s Clients  Service at the email address [email protected] The adviqo UK Limited is obliged to cancel any type of submission within 48 working hours of receiving the request.

14.2 Data processing by Advisors

Within the framework of the performance of the services, the Advisor may be required to process personal data of Users in the name and on behalf of TheCircle.

In this regard, please note that the Advisor will become the data controller pursuant of the EU Data Protection Regulation (EU GDPR) and the UK Data Protection Regulation (UK GDPR)

In any case, the Advisor ensures that they offer sufficient guarantees for the implementation of the appropriate technical and organisational measures, in accordance with GDPR provisions.

5. 15. Validity of the General Conditions

Any amendment of the legislation or regulation in force or any decision of a competent court which invalidates one or more clauses of this one will not compromise the validity of these General Conditions. Any amendment or decision does not in any case authorise Users to breach these General Conditions.

Conditions not expressly covered herein will be governed by their use in the property trade sector, for companies whose registered office is located in the UK.

6. Change of conditions

avdiqo UK Limited reserves the right to change the content of these general conditions and special conditions at any time and to improve the technical characteristics of the software and tools of the TheCircle platform.

The Internet user and the Advisor will be informed of the changes with a notice of seven (7) days before the entry into force, unless the changes are dictated by mandatory rules or by provision of the Authorities, in which case the entry into force will be immediate.

The Internet user and the Advisor who connect to the THECIRCLE platform after the entry into force of these changes, unquestionably and automatically accept the aforementioned changes.

TheCircle reserves the right to close, at its total discretion, access to the Platform, provided that it informs the Advisors/Internet users immediately, as well as the right to interrupt, at its total discretion, the provision of services relating to a category of Services on the Platform without this decision implying the adviqo UK Limited ’s liability in any capacity.

7. Privacy and confidentiality

The adviqo UK Limited, the Advisor and the Internet user acknowledge that the contract, documents and information exchanged during the performance of the Contract, the technical data, methods specific to each party and other processes or services covered by the Contract are treated as strictly private and confidential and this even after the termination of the Service.

Accordingly, each party is prohibited from disclosing or communicating the aforementioned information to third parties without the prior written consent of the other.

8. Applicable law and competent court

These contractual conditions are subject to the UK law.

Any dispute arising from the interpretation, execution and/or termination of this contract will be devolved to the exclusive jurisdiction of the Court of England and Wales, except in the case of the Consumer Court as identified by law.

Each agreement and document relating to the purpose and provision of services, and in particular each commercial proposal and other document for the provision of services exchanged between the parties before and after the signing of this Contract, have no contractual and binding value between the Parties.