Betterplace Terms of Service

Thank you for choosing Betterplace!  Our mission is to help citizens bring positive change to their communities and to the world.  Since it is citizens working with one another that are responsible for bringing change, we believe it is the citizens that use our platform that must ultimately be responsible for how it is used.  This requires rules that all users agree to, in order to protect themselves, the community, and so that we can continue to offer this service to all.  

Betterplace is a software platform owned and operated by Perennial Software, a company incorporated in Canada. These Terms of Service (the “Terms”) govern your access to, and use of, Betterplace. (“Betterplace”, “we” or “our” or “us”) website and services, so please read them carefully before using the Services (as defined below).

By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms on behalf of that organization, and promise that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will refer to that organization, and you may only use the Services if you have the power to form a contract with Betterplace and are not barred under any applicable laws from doing so.

The Betterplace platform is dynamic, evolving with the needs of the community.  The Services may therefore continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time.

  1. Description of Platform and Services

We provide Betterplace, a web-based platform, via our website www.better.place (the “Platform”) for crowdsourcing collective action that allows users to create campaigns (each a “Campaign”) that include a list of actions (each an “Action”), build profiles on users, and then recommend Actions for users to complete (collectively, the “Services”).  

  1. Privacy

Your privacy is extremely important to us. These Terms include our Privacy Policy , which outlines our personal information handling practices. You should read our Privacy Policy carefully before using our Services. By using our Services, you agree that we may collect, use, and disclose your information as described in our Privacy Policy. If these Terms conflict in any way with the Privacy Policy, then these Terms will prevail.

Betterplace may use payment processors such as WePay to process payments made via the Platform. Our payment processors may collect and use your personal information (including your bank or other financial institution account information) for the purpose of processing payments made via the Platform and we may share the personal information you provide to us with them.  Our payment processors may be located in the United States or elsewhere and therefore your personal information and data may be transferred and stored on computers, systems, networks and other infrastructure located in the United States or elsewhere.

  1. Campaign acceptance

Betterplace seeks to empower individuals to make positive changes in their communities and in the world.  It does so by offering Actions that citizens complete to advance a Campaign.  In general, these Campaigns should increase the influence that citizens and communities have over their lives.  Betterplace has no obligation to accept any Campaign, and we may reject any Campaign if we judge that the Campaign hinders this objective.  Campaigns may also be subjected to flagging and community input should users believe that they are not consistent with this objective.  

Any Campaign that promotes violence, hatred, discrimination or harassment, including trolling, should be flagged to our administrator using the flagging function on the Platform. We have the right, at any time, to remove or suspend any Campaign that violates these Terms (as determined by us) or that encourages anti-social behaviour.

  1. User accounts

You need an account to use the Platform. After you enrol to use the Services, and if we accept your enrolment, we will create a Betterplace account for you, as well as an account on the Ethereum blockchain.  Ethereum is a decentralized platform that allows users to enter into smart contracts, which are contracts whose execution can be validated through automated processes.  These offer a higher degree of confidence in task completion, which in turn enhances trust between users within the Betterplace community. All your activities will then be linked to your account.

You are responsible for your account and all activities connected to your account, including any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account without their permission. You must inform us immediately upon learning that someone else may be using your account without your permission by contacting us. You may review your account usage by visiting your profile page, and viewing your previous logins.

We may decline your enrolment or suspend or terminate your account at any time at our discretion. If we do so, we will notify you and provide you an opportunity to respond.  We may attempt to delete your account, passwords and content, but we may not be successful and if we are not, your content may still be available on the Platform even if your account is terminated or suspended.

Our Platform and Services are for people who are at least 13 years of age. If you are younger than 13 you may not set up an account by yourself, but we encourage you to invite a parent or guardian to create an account based on areas of interest to you. If we discover that you have created an account and you are younger than 13, we will terminate your account.

  1. Platform rules

You are responsible for what you post on the Platform, including your Campaigns, any actions you take in connection with Actions, and all consequences of your posts and actions. You may not take any action related to your use of the Platform or post any content that:

We may remove or edit any content that does not comply with the Platform rules.  

You may not do or attempt to do any of the following while accessing or using the Platform and Services:

  1. Posting user content

The content you post on the Platform is not confidential: Any content you submit or post on the Platform is likely to be publicly available, including on our website, in apps, and in various social media pages.

You allow us to use and share the content you post on the Platform: By submitting and posting content, you do not lose any ownership rights you may have over your content. However, you authorize us to share this content with anyone, distribute it on any platform and in any media, and to make modifications or edits to it as we see fit (e.g. for clarity or optimization purposes). You also authorize us to allow others to do the same with your content. You understand that other users of the Platform may copy and share your content and post it on other websites or platforms.  By submitting or posting content on or through Betterplace, you grant us a worldwide, non-exclusive, royalty-free license to this content. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.

No user content storage: We do not promise to store or make available on our Platform any content that you or other users may post for any length of time. You are solely responsible for keeping backups of everything you post on the Platform.

  1. Open platform

We are not responsible for the content or actions of our users: Campaigns or content posted by users on our Platform come from many different people and organizations.  We don’t take responsibility for content posted and submitted by others, and such content should not be taken to reflect the views or opinions of Betterplace. You’ll find links to other websites on our Platform. We’re not responsible for the content or any other aspect of these third party websites. If you find any Campaign or other user content that violates these Terms, please inform us at the coordinates below.

  1. Our rights

We own the Perennial and Betterplace brands, including the websites, present or future apps and services, our logos, Application Program Interface (“API”), code, and content created by us and our personnel.

All right, title, and interest in and to the Platform and Services including our website, our existing or future applications, our APIs, databases, and the content our personnel submit or provide through our Services (but excluding content provided by users) are and will remain the exclusive property of Betterplace and its licensors. Our Platform and Services are protected by copyright and trademark laws. The Betterplace name, trademarks, logos, domain names, or any other distinctive brand features belong to Perennial Software, and as such cannot be reproduced without consent.

  1. Changing the Services and terminating your account        

If these Terms change in the future, we will post an updated version on our Platform. You can tell if these Terms have changed by checking the Effective Date that appears at the bottom of these Terms.  Depending on the circumstances, we may also decide to send you a notice in other ways at our discretion, such as via email or other contact information you have provided that these Terms have been changed. If you continue to use our Services after these Terms have changed or notice of the change has been given, you will be deemed to have accepted such changes. If you no longer wish to use the Services or if you decide you no longer want to be bound by these Terms, you may terminate your account by contacting us. If you do so, your account will be closed and you will no longer be able to use the Services, but you may re-enroll at a later date by accepting the terms. The provisions of these Terms survive the termination of your account to the extent necessary for their full observance and performance.

  1. Additional legal protections

Betterplace offers opportunities for people to make a wide variety of changes in their communities and in the world. The possibilities are endless. Like other Platforms upon which people can post content, these Terms give us legal protection from many things that could happen.

No waiver, assignment: If we waive any of our rights in any particular instance, it does not mean that we are waiving our rights generally or in the future. If we do not enforce all our rights all of the time under these Terms, it does not mean that we are waiving our rights, and we may decide to enforce them at a later date. These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by us to another company or person without restriction. We won’t be liable to you for any delay or failure to perform any obligation we have under these Terms if the delay or failure is due to events that are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.

As is service: Use of the Platform is at your own risk. The Platform (including the content you find on it) is provided on an “AS IS” and “AS AVAILABLE” basis. Betterplace and its affiliates, suppliers, partners, and agents expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

No warranties: Betterplace and its affiliates, suppliers, partners and agents make no warranty that (i) the Platform will be uninterrupted, timely, secure, or error-free, or that Betterplace will fix any errors; (ii) you will obtain any specific results from use of the Platform; or (iii) any Campaign or content on the Platform are accurate, complete, reliable, current, or error-free. Any content obtained through use of the Platform is obtained at your own discretion and risk and Betterplace shall not be responsible for any damage caused to your computer or data or for any bugs, viruses, Trojan horses or other destructive code resulting from use of the Platform or any content obtained from the Platform. When you contribute to a fundraising Campaign through our platform, you do so at your own risk and we do not guarantee the quality, safety, morality or legality of any fundraising Campaign. You may also have other legal rights, which vary from jurisdiction to jurisdiction.

No guarantee of service: We may decide to cease making available the Betterplace Platform, apps or Services or any portion of the Services at any time and for any reason. Under no circumstances will Betterplace or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability.

Limitation of liability: To the fullest extent permitted under law, Betterplace and its affiliates, suppliers, partners, personnel, and agents have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability, or otherwise) for any indirect, incidental, special, punitive, or consequential damages or liabilities (including, but not limited to, any loss of data or content, revenue or profit, or personal injury or death) arising from or related to your use of the Platform, Services, or any content provided by or through the Platform or Services, even if we have been advised of the possibility of such damages in advance. This limitation applies to damages arising from (i) your use or inability to use the Platform and access the Services; (ii) cost of procurement of substitute products or services; (iii) unauthorized access to or alteration or distribution of content you submit through the Platform; (iv) third party content made available to you through the Platform; (v) any loss or damage as a result of contributions to a fundraising Campaign or in respect to a Action, including in connection with payments made via a payment processor; (vi) removal of content; (vii) termination or suspension of any account; or (viii) any other matter relating to any aspect of the Platform and Services, including the website, the API, any present or future apps, email communications, and Betterplace content on third party websites.  In the event that Betterplace or any of our affiliates, suppliers, personnel, partners, or agents is liable to you or any third party with respect to any matter in connection with the Platform or the Services, such liability will be limited to one hundred Canadian dollars ($100).

Indemnity: You agree to indemnify, defend (if we so request), and hold harmless Betterplace and its affiliates, suppliers, personnel, partners, and agents from and against any claims, demands, losses, damages, or expenses (including reasonable legal fees) arising from the content you post or submit, your use of, and connection to, Betterplace’s website, applications, API, and any other aspect of the Platform or Services, your violation of these Terms or your violation of any rights of any third party. Your indemnification obligation will survive the termination of these Terms and your use of the Platform and Services.

  1. Dispute resolution

If you disagree with any of our actions or decisions, you agree to try to work it out with us before making any claims in court.

These Terms are governed by laws of the province of Ontario and of Canada, without regard to their conflict of law principles. In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or an alleged breach thereof, whether arising in contract, tort or otherwise, between you and us, you and we shall each use good faith and reasonable efforts to settle the dispute. If a dispute arises, the complaining party shall provide written notice to the other party in a document specifically entitled “Notice of Dispute”, specifically setting forth the precise nature of the dispute. Please mail any Notice of Dispute to our head office at the address set out at the end of these Terms.

You can also contact us by email at info@better.place to let us know you have mailed your Notice of Dispute.

Following Betterplace’s receipt of the Notice of Dispute, parties shall consult and negotiate with each other in good faith and, recognizing their mutual interest, attempt to reach a just and equitable solution of the dispute that is satisfactory to both parties. If the parties are unable to reach a resolution of the dispute through this dispute resolution mechanism within 90 days of the receipt of the initial Notice of Dispute, then any subsequent claim, legal proceedings, or litigation arising in connection with the Platform and Services will be brought solely in courts located in Ontario, Canada, and you consent to the jurisdiction of, and venue in, such courts and waive any objection as to inconvenient forum.  Where possible, disputes should be resolved in the small claims court of Toronto, Ontario, Canada.

  1. Severability

The validity and enforceability of these Terms as a whole will not be affected by any part of these Terms being found unenforceable or invalid. If such a situation arises, the invalid or unenforceable part will be severed from these Terms.

  1. Entire Agreement

These Terms constitute the entire agreement between you and Betterplace in connection with the Services.  Any prior agreement you may have had with us is superseded by this Agreement.

  1. How to contact us 

The best way to get in touch with us is to email us at info@better.place.

We’d love to hear your questions, concerns, and feedback. If you have any suggestions for us, feel free to let us know by email or by writing to the following address:

Betterplace
101 College Street, Suite HL20-5
Toronto ON
M5G 1L7
Canada

Effective Date: March 5, 2018