General Terms and Conditions
Last update on 04/05/2018
This Website is operated and owned by BetterNow WorldWide ApS (‘BetterNow’). This Website is a fundraising platform for Charities.
The Site Administrator of this specific website insamling.operationsmile.se is Operation Smile Sverige.
BetterNow WorldWide ApS is registered under the CVR/SE number 34205566 with registered office at: Danneskiold-Samsøes Allé 41, 1434 Copenhagen K, Denmark. As a corporation BetterNow WorldWide ApS is governed by Danish Law.
These Terms and Conditions apply to the betternow.org site, all subdomains, any widget or API integrations We offer and and any other website or webpages We own or operate that include a link to this statement.
The present Terms and Conditions shall apply to any use of the Site by any Visitor, Fundraiser, User, Charity or Donor (Please see Definitions below)
By visiting this Website, you are accepting the latest version of these Terms and Conditions. We may update this Policy from time to time, so please check these Terms and Conditions periodically for changes.
Any individual visiting or using the Site on behalf of any entity, by so doing guarantees that the individual is duly authorised to accept terms on behalf of the entity.
Expressions used in this document as to be understand as follows:
- ''Us'', ''We'' and ''BetterNow'' refer to BetterNow Worldwide ApS.
- “The ''Site'', ''Website'' or our ''Services'' refer to the betternow.org site, all subdomains, any widget or API integrations We offer and and any other website or webpages We own or operate that include a link to this statement.
- ''Fundraiser'' refers to a person or entity who creates a page for the purpose of collecting money for a Charity.
- ''Charity'' refers to organisation that will benefit from the gift.
- ''Donor'' refers to a person or entity who donates a gift for a Charity through a fundraising page.
- ''User'' and "You", refers to any person who enters the Site
2. Activity’s Description and Services Provided
Our service is the transfer of the donations collected for a charity, chosen by the creator of a fundraising page. For this purpose We develop and maintain the Website and all related Services.
- Fundraising page creation:
Anyone can become a fundraiser, by creating a fundraising page.. When you have selected a project, you create your personal fundraising page, with a text, picture/video, a goal for how much you want to collect, and a date when the fundraising ends. When you are ready, you share the fundraising page with others, and they can support your fundraising page with donations to the project you have selected. You can always change text, picture/video, goal and end date on your fundraising page.
When you donate to a fundraising page, your donation is sent directly to the Charity organisation that the Fundraiser has chosen and that is shown on the Fundraiser page.
The email you receive directly after your donation is considered a confirmation for that donation. You can, additionally, request a receipt after your donation is made. To request a receipt, write to firstname.lastname@example.org. The implications from a tax perspective of donating to a Charity will vary from country to country, and as a Donor you should consult the relevant authorities in your own jurisdiction for guidance on these matters.
3. User’s Material
Any communication or material that you transmit to this Site or to Us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant Us a nonexclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.
Furthermore, you represent and warrant that:
- You own the materials and information posted by you through the Website and Services or otherwise have the right to grant the license set forth in this section.
- The posting of your materials and information through the Website and Services does not violate the privacy rights, publicity rights, copyrights, contract rights, moral rights, intellectual property rights or any other rights of any person. You agree to pay for all royalties, fees and any other monies owing to any person by reason of any content posted by you to or through the site.
We assume no responsibility for monitoring inappropriate content or conduct. If at any time We choose, at our sole discretion, to monitor the site, We nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content and no responsibility for the conduct of the User submitting any such content. We make no warranties, express or implied, about the content or the accuracy and reliability of any information that you transmit to other Users.
We can furthermore not guarantee the identity of any Users with whom you may interact while using the site. Additionally, We cannot guarantee the authenticity of any data provided by the Users about themselves or relationships they may describe.
Because personal standards vary and individuals sometimes choose not to comply with our policies and practices, you may be exposed to content that you find offensive or objectionable. You can contact support at email@example.com to let Us know of content that you find objectionable.
4. Validation of Charities
We do only accept Charities, which can be validated through local authorities or through established and credible nonpartisan organisations. We have a strictly enforced code of what a Charity is, which varies from country to country, to see a complete description of this refer to our “Charity Recognition Policy”.
We have no opportunity to monitor the organisation’s actual use of the donation. Therefore you should only raise money and donate to a Charity you trust.
Unless otherwise specifically indicated, We do not endorse and has no affiliation with any of the Charities mentioned, listed in, described or linked to via the BetterNow site, and We make no representations or warranties whatsoever with regard to those Charities.
5. Trademark and Copyright
The name BetterNow, the associated logo and www.betternow.org are owned by Betternow Worldwide ApS and must not be used by others without consent from Betternow Worldwide ApS.
All content on www.betternow.org is owned by Betternow Worldwide ApS and must not be used or copied by others without the consent of Betternow Worldwide ApS. You can however copy text for your own non-commercial use.
All logos and images uploaded by a Charity is the property of that Charity. You as a User are under no circumstances allowed to use or copy this content without the consent of the Charity that owns it. If you wish to copy or use materiales uploaded by a Charity, you must get consent. To request consent e-mail firstname.lastname@example.org.
6.1 We respect the intellectual property of others, and We ask you to do the same. If you or any User of this Site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the User should send a notification to us.
6.2 To be effective, a notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Information so We can contact the complaining party, such as an email, address, or telephone number at which the complaining party may be contacted;
- Identification of the material that is claimed to be infringing and that is to be removed;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Send the notification to: email@example.com
6.3 You, as a User of this Website, acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, We may immediately remove the identified materials from our Site without liability to you or any third party.
7. Prohibited Activity
7.1 You agree to act in a responsible and legal manner when using the site. You shall comply with all applicable laws, regulations and rules. You may not use these Services for any unlawful purpose, for the commission of any offense or crime under the laws of any jurisdiction to which access is obtained through the Website, or in a manner which is likely to cause harm to any other person.
7.2 You agree not to use the Services and Websites of BetterNow to the following:
- Post content that is offensive and promotes racism, bigotry, hatred or harm of any kind against any group or individual;
- Post content that contains violence, or offensive subject matter or contains a link to an adult website;
- Post or promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- Impersonate any person or entity;
- Use the Services for any illegal purpose, criminal or tortious activity, including but not limited to child pornography, fraud, trafficking in obscene material, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement or theft of trade secrets;
- Upload, display on the Website or use in connection with the Website any materials which in any way infringe the copyright, other intellectual property rights or proprietary rights of a third party or which may otherwise render BetterNow liable to the payment of damages to any third party;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
- Conducting lotteries and other gambling activities whenever these are in conflict with local laws;
- Disguise the origin of any communication transmitted through this Website;
- Interfere with or disrupt the Services or servers or networks connected to this Website and/or other Services, or disobey any requirements, procedures, policies or regulations of networks connected to this Website and/or other Services;
We reserve the right to investigate and take appropriate legal action against anyone who, in our opinion, violates this provision, including, without limitation, reporting you to appropriate law enforcement authorities.
7.3 Residents of any state or jurisdiction in which any aspect of this Website and Services are in conflict with local laws are not eligible to use the Website and related Services. We make all reasonable efforts to ensure that our service comply with all local laws that We are actually aware of, but you are responsible to ensure that you are in compliance with your local laws.
7.4. Children. This Website is intended for a general audience and is not targeted toward children. Children under 13 years of age are prohibited from using the Website.
8. Fundraiser’s use of the services
8.1 Content published by the users
By using this Website, Users are aware that BetterNow decline any responsibility regarding contents published on the Site by Users. Therefore, Users are responsible for the content they produce on the site.
The content published by the Users shall not damage the image of the Charities and/or BetterNow. In cases Users damage the image of Charities and/or BetterNow, they will be held liable for the prejudice and will indemnify BetterNow for any loss, penalties or prejudices resulting from the content published by the user.
Any content damaging the image of BetterNow and/or the Charities will be removed without notice and liability.
8.2 Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred.
Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password.
You may not transfer or share your account with anyone, and We reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
Charities pay Us a subscription fee and/or a transaction fee to use the Site. Fees are laid out on the pricing page.
10. Security when Donating
Credit card data is handled by our payment providers, which is among the leading providers of online payments in the world. Our solution meets the highest PCI standard and all communication about money and card data is encrypted.
11. Refund Policy
All donations are final unless extraordinary circumstances . This could be fraudulent use of your credit or debit card or the equivalent. If your credit card has been abused, contact Us at firstname.lastname@example.org. We will comply with any local laws concerning refunds of donations.
12. Transfer of the Collected Funds to Charities
Transfer of the Collected Funds; We collect the full amount on the Charity's behalf and transfer the full amount except the amounts representing our expected fees which is held back and invoiced. The Collected Funds will be transferred monthly to the Charity unless otherwise agreed.
13. Warranties and Liabilities
13.1 You are solely responsible for providing, at your own expense, all equipment necessary to use the Services, including a computer and modem; and your own Internet access.
13.2 You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that We have no control over third party networks you may access while using this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
13.3 Our liability is limited to the Services provided by BetterNow. BetterNow cannot be held liable for any indirect loss or damage that could result from the use of these Services and in particular losses related to expected turnover or profits, brand image, customers, computing equipment or software, reputation, goodwill or any other asset or interest intellectual property or otherwise.
13.3 This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or Services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive.
These other sites and parties are not under our control, and We are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are We responsible for errors or omissions in any references to other parties or their products and Services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Site or party by us, or any warranty of any kind, either express or implied.
13.5 It is not the responsibility of Us to verify the veracity of information provided by Fundraisers, Donors, Charities and any User of the Site. Therefore, by using this Site Fundraisers, Donors, Charities and any Users affirm and guarantee the veracity of that information and further affirm and guarantee the veracity of any information pertaining to a charity, group, association, person whether natural or juridical, and further affirm that the User, Visitor, Fundraiser and/or Charity or third party is duly authorised to communicate such information on the Site.
13.6 We cannot be held liable for any information, affirmation or statement made on the Site by Fundraisers, Donors, Charities or any Users.
13.7 Except commitments made in the present Terms and Conditions or in any other written agreement BetterNow cannot be held liable to any Fundraiser, Donor, Charity or any User.
13.8 We will do its best to make sure Charities registered comply with the laws of their registration countries. Nevertheless We cannot be held liable for the veracity, nature or integrity of the Charity raising funds through this Website.
13.9 BetterNow acts as a service provider and thus cannot be held liable for false information disclosed by Charities.
14. Common Clauses
14.1 Partial Invalidity
The invalidity or unenforceability of any clause or sub-clauses of this Terms and Conditions shall not affect the validity or enforceability of any other clauses or sub-clauses of this Terms and Conditions, which shall remain in full force and effect.
14.2 Governing Law
These Terms and Conditions shall be governed by the Law of Denmark.
14.3 Jurisdiction Clause
If any dispute arises out of or relating to these Terms and Conditions, the relevant Danish Court will be the sole competent body to hear the case.
14.4 Amendment to the Terms and Conditions
14.5 Termination and Inactivation
You agree that We may, with or without cause and/or prior notice, immediately terminate Your account and your access to the site.
Without limiting the foregoing, the following will lead to a termination by Us of your use of the site:
- Breaches or violations of these Terms and Conditions or other incorporated BetterNow agreements or guidelines;
- Requests by law enforcement or other government agencies;
- A request by you;
- Unexpected technical issues or problems;
- Extended periods of inactivity;
Furthermore, you agree that all terminations shall be made at our sole discretion and that we shall not be liable to you, nor any third party, for the termination of your account or access to the site. The termination of your account will include the inactivation of any fundraising page associated with the account. If the issues that made us terminate your account is resolved, the account and any fundraising page associated with it may be reactivated.
A Fundraiser is also entitled at any time to inactivate her/his fundraising page. Even though an account may only be associated with inactive fundraising pages, the account may still be open. Donations already given to the Fundraiser will still be transferred to the selected Charity.