Terms and Conditions
Welcome to the CircleUp website (the "Site") operated by CircleUp Ltd ("CircleUp"). CircleUp provides its services to you subject to the following conditions. Before you may use the Site, App, and Membership services, you must read and accept all of the terms and conditions in, and linked to, this Terms of Service and Membership Agreement ("TOS") and the linked Privacy Policy. We recommend that, as you read this TOS, you also access and read the linked information, since it is incorporated into and hereby made part of this TOS. This TOS is effective upon acceptance. Use of any functionality of the Site constitutes acceptance of this TOS. If this TOS conflicts with any other documents, the TOS will control for the purposes of usage of the Site. If you do not agree to be bound by this TOS and the Privacy Policy, you may not use the Site, App, or Membership in any way. We reserve the right at any time, at our sole discretion, to change or otherwise modify the TOS without prior notice, and your continued access or use of this Site and Membership services signifies your acceptance of the updated or modified TOS.
1. Description of Services
CircleUp provides users access to benefits, services, and information (the "Service"). You are responsible for obtaining access to the Site and App, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
2. License and Site Access
CircleUp grants you a limited license to access and make personal use of the Site, App, and Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site, and the framing of any Content available through the Site; uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in CircleUp's sole discretion) an unreasonable or disproportionately large load on CircleUp‘s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by CircleUp to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by CircleUp.
By using the Site, you agree not to:
(i) use this Site or its contents for any commercial purpose;
(ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
(iii) access, monitor, or copy any content or information of this Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
(iv) violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
(v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(vi) deep-link to any portion of this Site for any purpose without our express written permission; or
(vii) "frame," "mirror," or otherwise incorporate any part of this Site into any other website without our prior written authorization.
3. Membership Eligibility
The Service and Membership are not available to minors under the age of 18 or to any users suspended or removed from the system by CircleUp for any reason. Members may not have more than one active account. Additionally, Members and users are prohibited from selling, trading, or otherwise transferring their Membership account to another party. If you do not qualify, you may not use the Service or the Site.
4. Membership and Account
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of England & Wales or other applicable jurisdictions and will only use the Site for legitimate purposes. You also agree to provide true, accurate, current, and complete information about yourself when you apply for CircleUp Membership. If you provide any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or CircleUp has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, CircleUp has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify CircleUp immediately of any unauthorized use of your account or any other breach of security. CircleUp reserves the right to refuse Membership or service, terminate Membership, or remove or edit content at its sole discretion. Notwithstanding the above, we retain the right at our sole discretion to deny access to anyone to the Site, the Services we offer, and Membership at any time and for any reason, including, but not limited to, for violation of the TOS or Privacy Policy.
5. Membership Fee and Billing
Once your Membership application is successfully set up and active, you will be charged based on the terms that you agreed to on your Membership application. You will only be charged if your application is approved. Your annual or monthly Membership fee may be subject to taxation in accordance with applicable law. The annual or monthly Membership fee does not include applicable taxes. CircleUp may change the Membership fee at any time, but changes will apply only to new and renewal Memberships. Prepaid cards will not be accepted as a valid payment method and will be declined.
6. Term; Continuous Membership; Billing
The initial term of a Membership shall commence on the date it is purchased and continue until one year in the case of annual memberships, or one calendar month in the case of monthly memberships, from the date on which the Membership was purchased. Each Membership will automatically renew (therein referred to as a "Renewal Membership") each year for additional one-year periods in the case of annual memberships, or each month in the case of monthly memberships (referred to as "Continuous Membership") unless (i) you cancel your Membership within 30 days of your renewal date for annual memberships; or (ii) we terminate your Membership.
Renewal Membership fees will be billed annually or monthly and automatically to the credit card we currently have on file, in the amount of the then-current Membership fee on or around the day on which your current Membership or Renewal Membership term expires. If we attempt to charge the credit card on file in the amount of your renewal and the transaction fails, we may reattempt the charge for up to 60 days from that date unless you notify CircleUp of your decision to cancel your Membership.
7. Cancellation, Termination, and Changes to Service
(a) You have the right to cancel your Membership at any time. Because of the nature of our service, no refunds will be available for monthly memberships. Annual memberships may be cancelled within the first 30 days for a full refund.
(b) CircleUp reserves the right to cancel or suspend any Membership, including any associated accounts, without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provisions of this TOS, applicable law, or otherwise be harmful to our interests. If CircleUp cancels your Membership, CircleUp may, at its sole discretion, refund the balance of the annual Membership fee on a time-apportionment basis.
(c) We may terminate any or all of the benefits available to Members at any time with or without notice. No refunds will be available.
(d) Upon cancellation of Membership, you are relinquishing your current annual or monthly Membership rate and understand you will not be able to rejoin at that rate. You will also be relinquishing any current or ongoing benefits you were enrolled in as a Member.
8. Membership Benefits
(a) As a Member of CircleUp, you're entitled to the benefits that pertain to your particular Membership type. Certain Membership types and/or complimentary periods of Membership may exclude certain benefits.
(b) CircleUp has the right to add, modify, or eliminate any benefit or service at any time at our discretion. CircleUp does not guarantee the availability of any of its benefits, and they are all subject to change at any time without notice.
(c) Any partner Membership that is part of a Membership Account shall be automatically terminated when the primary Membership account to which it is connected ends.
(d) All accounts, including partner accounts, require an active credit card on file in order to have access to the website and benefits of Membership. Credit cards on partner accounts will only be used if the billing information associated with the primary account becomes invalid.
9. Submitted Content
CircleUp does not claim ownership of any materials you make available through the Site. At CircleUp’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant CircleUp a perpetual, irrevocable, non-terminable, worldwide, royalty-free, and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (as well as use the name that you submit in connection with such submitted content). You hereby represent, warrant, and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music, or video) to which you do not have the full right to grant the license specified in this Section.
We take no responsibility and assume no liability for any submitted content posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Site. If you do not agree to these terms and conditions, please do not provide us with any submitted content.
You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Site:
(i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law;
(ii) Any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and
(iii) Any material or content that infringes, misappropriates, or violates any copyright, trademark, patent right, or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions or any other harm resulting from your posting of content to this Site.
10. Business Partner Policies
You acknowledge that partner charges, including tax and incidentals, are the responsibility of the individual Member. You are responsible for any taxes or other payments that apply to partner products or services. You acknowledge that CircleUp partners have rules and policies. You are responsible and liable for verifying and abiding by these policies. Please read these additional terms and conditions carefully.
You agree to abide by the terms and conditions of purchase imposed by any partner with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the partner’s rules and restrictions regarding availability, cancellation policies, minimum age, maximum occupancy, pet policies, child policies, and use of fares, products, or services. You agree that any violation of any such partner’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
11. Disclaimer of Liability and Warranty
The content, products, and services published on this Site may include inaccuracies or errors, including pricing errors. CircleUp does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies relating to the information and description of the content, products, and services. We expressly reserve the right to correct any pricing errors on the Site and/or on pending reservations made under an incorrect price.
CircleUp makes no representations about the suitability of the information, software, products, and services contained on this Site for any purpose, and the inclusion or offering of any products or services on this Site does not constitute any endorsement or recommendation of such products or services. All such information, software, products, and services are provided "as is" without warranty of any kind. CircleUp and their respective partners disclaim all warranties and conditions that this Site, its servers, or any email sent from CircleUp, its affiliates, and/or their respective suppliers are free of viruses or other harmful components.
CircleUp, its affiliates, and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. The hotels and other partners providing services on this Site are not agents or employees of CircleUp or its affiliates.
CircleUp and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. CircleUp and its affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure, or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing, or acts of any government or authority.
12. Limitation of Liability
You expressly understand and agree that CircleUp and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if CircleUp has been advised of the possibility of such damages), resulting from the use of the Site, content, or any related services.
If, despite the limitation above, CircleUp, its affiliates, or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of CircleUp, its affiliates, and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to CircleUp in connection with such transaction(s) on this Site, or (b) One-Hundred Pound Sterling (GBP £100.00) or the equivalent in local currency. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of CircleUp, its affiliates, and/or their respective suppliers.
13. Indemnity
You agree to indemnify and hold CircleUp (and its Members, owners, officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, arising out of or related to your breach of this TOS, your violation of any law or the rights of a third party, or your use of the Site.
14. Electronic Communication
When you use the Site or send emails to CircleUp, you are communicating with CircleUp electronically. You consent to receive communications from CircleUp electronically. CircleUp will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
15. Site-Provided Email and Postings
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. CircleUp is under no obligation to review any messages, information, or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, CircleUp may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:
(i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law;
(ii) Advertisements or solicitations of any kind;
(iii) Impersonate others or provide any kind of false information;
(iv) Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references;
(v) Messages by non-spokesperson employees of CircleUp purporting to speak on behalf of CircleUp or containing confidential information or expressing opinions concerning CircleUp;
(vi) Messages that offer unauthorized downloads of any copyrighted or private information;
(vii) Multiple messages placed within individual folders by the same user restating the same point;
(viii) Chain letters of any kind; or
(ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using CircleUp invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using CircleUp to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
16. Links
The Site or third parties may provide links to other World Wide Web sites or resources. Because CircleUp has no control over such sites and resources, you acknowledge and agree that CircleUp is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CircleUp shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource.
17. Access to Password-Protected/Secure Areas
Access to and use of password-protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
18. Modification and Notification of Changes
CircleUp reserves the right to make changes to the Site and Membership Agreement, related policies and agreements, this TOS, and the Privacy Policy at any time. If CircleUp makes a material modification to this TOS, it will notify you by:
(i) Sending an email to the address associated with your account. CircleUp is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add circleup.com to the list of domains approved to send you email (commonly known as your "whitelist"); and
(ii) Displaying a prominent announcement above the text of this TOS or the Privacy Policy, as appropriate, for thirty (30) days, with (i) and (ii) being deemed sufficient notification of such changes.
After notice of a modification to the TOS or the Privacy Policy has been posted for 30 days, the notice will be removed, and a brief description of the modification and the date that it went into effect will be placed in the Historical Modifications section at the end of the TOS and Privacy Policy. If you have not used the Site for more than 30 days, you should check these two sections for any modifications to the TOS or Privacy Policy prior to any further use of the Site. Should you wish to terminate your account due to a modification to the TOS or the Privacy Policy, you may do so by sending an email with the subject line "Termination" to the following email address: support@circleup.com. If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new TOS or Privacy Policy, as relevant.
19. Trademarks
The trademarks, logos, and service marks ("Marks") displayed on the Site are the property of CircleUp and other parties. Users are prohibited from using any Marks for any purpose, including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the written permission of CircleUp or such third party that may own the Marks. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through the Site for commercial or public purposes.
20. Procedure for Claims of Intellectual Property Infringement
CircleUp respects the intellectual property of others, and we ask our users to do the same. CircleUp may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide CircleUp’s Copyright Agent the following information:
(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) A description of where the material that you claim is infringing is located on the Site;
(iv) Your address, telephone number, and email address;
(v) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Please contact us using the contact information below:
By email: james@letscircleup.co.uk
CircleUp may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this TOS.
21. Survival of Terms After Agreement Ends
Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
22. General
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Headings are for reference purposes only and do not limit the scope or extent of such section. This TOS and the relationship between you and CircleUp will be governed by the laws of England & Wales without regard to its conflict of law provisions. You and CircleUp agree to submit to the personal jurisdiction of the courts located in England & Wales with respect to any legal proceedings that may arise in connection with this TOS. The failure of CircleUp to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and CircleUp and governs your use of the Site, superseding any prior agreements between you and CircleUp with respect to the Site.
23. Contact Information
For questions regarding these Terms of Service, Membership Agreement, or other policies, please contact us at:
CircleUp Ltd
Email: james@letscircleup.co.uk
Address: Lingfield House, East Grinstead Road, Lingfield, RH7 6ES, United Kingdom
24. Historical Modifications
CircleUp will provide a summary of significant changes to the TOS in this section. Users are encouraged to review this section regularly to stay informed of updates.
Last Updated
This document was last updated on 29/12/2024.