Terms of Use

Terms of Use

Welcome, and thanks for using the Curve and/or other services and apps from The Crowd. When you use our products and services, you are agreeing to our terms, so please take a few minutes to read over the Terms of Use below.

1. GENERAL

1.1. Purpose

The Crowd's mission is to help people who are building environmentally and socially inclusive businesses to make smarter decisions. We do this by helping them to learn from each other, developing the platforms that make sharing knowledge impactful, efficient and cost-effective. The Curve is our peer-to-peer digital data platform and knowledge-sharing tool where organisations can share experience and learn from each other on building an effective energy investment program.

1.2. Agreement

When you use the Curve you are entering into a legal agreement and you agree to all of the terms of this Agreement. You also agree to our  Privacy Policy, which covers how we collect, use, share, and store your personal information. 
You agree that by clicking “Sign Up”, “Log In” or similar, registering, accessing or using our services (including the Curve website, any Curve related mobile apps, developer platforms, premium services, or any content or information provided as part of these services, collectively, “Services”), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company). Your agreement is with Wisdom of Crowds Ltd, a company registered in England and Wales under company number 07495994 (“The Crowd” or “we” or “us”). 
This “Agreement” includes these Terms of Use and the  Privacy Policy, and any other terms that will be displayed to you at the time you first use certain features, as may be amended by The Crowd from time to time. If you do not agree to this Agreement, do NOT click “Sign Up”, “Log In” (or similar) and do not access or otherwise use any of our Services. We thank you in advance for your considerate use of our site.

2. YOUR ACCOUNT AND NOTIFICATIONS

2.1. Your User Account

As between you and others, your account belongs to you. You agree to try to choose a strong and secure password, to keep your password secure and confidential, not to share an account with anyone else and to follow the Acceptable Use Policy below.

2.2. Notices and Service Messages

You agree to us using our websites, apps, and email to provide you with important notices. If the contact information you provide isn't up to date, you may miss out on these notices. 
You agree that we may provide notices to you in the following ways: (1) a banner notice on the Services, or (2) an email sent to an address you provided. You agree to keep your contact information in your profile up to date. If you encounter any difficulties in doing so please email info@thecrowd.me.

3. RIGHTS AND LIMITS

3.1. Your Licence to The Crowd

You own all of the content, data, and personal information you provide to us, but you also grant us a non-exclusive license to it. You promise to only provide information and content that you have the right to share, and that is to the best of your knowledge truthful. As between you and us, you own the content and information that you submit or post to the Services and you are granting to us the following non-exclusive license: A worldwide, transferable and sub-licensable right to use, copy, store, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others.

These rights are limited in the following ways:

  • You can end this license for specific content by deleting such content from the Services.
  • While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression without your consent.
  • Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.

If you wish to close your account please email  info@thecrowd.me.

3.2. Service Availability and Your Use of the Services

Access to our site is permitted on a temporary basis, and we reserve the right to suspend, withdraw or amend any Service without notice (although we will always do our best to provide you with at least 30 days notice). We will not be liable if for any reason our site is unavailable at any time or for any period. You understand and accept that if our Services are no longer available for any reason, you may no longer be able to access and use any of the data you uploaded on our site. We will on request provide you with a copy of any data you upload on our site in .csv format. From time to time, we may restrict access to some parts of the Services, or the entire Services. We may do this if this is necessary for any reason or in order to improve the Services. 
We have the right to limit how you connect and interact on our Services. We reserve the right to limit your use of the Services. We reserve the right to restrict, suspend, or terminate your account if we believe that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating the Acceptable Use Policy below).

3.3. Other Content, Sites, and Apps

When you see or use data shared by other users on our Services, it's at your own risk. If third parties offer their own products and services through our Services, we aren't responsible for those third-party activities. We do not review all content provided by our users. You agree that we are not responsible for third parties' (including other users’) data or information or for any damages as result of your use of or reliance on it. 
The Site may contain hyperlinks or references to third party websites other than the Services. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. You are responsible for deciding if you want to access or use any third party websites that link from our Services.

4. ACCEPTABLE USE POLICY

4.1. You may only use our Services for lawful purposes. You may not use our Services:

  • (a) in any way that breaches any applicable local, national or international law or regulation;
  • (b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • (c ) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); 
  • (d) to knowingly transmit any data, send or upload any material (including Contributions) that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or adversely affect the operation of any computer software or hardware.

4.2. Any data or information you share using the Services must:

  • (a) be accurate (where it states facts);
  • b) be genuinely held (where it states opinions); and
  • (c) comply with applicable law.

4.3. Any data or information you share using the Services must not:

  • (a) contain any material which is trade libellous or defamatory of any person;
  • (b) contain any material which is obscene, pornographic, offensive, hateful or inflammatory;
  • (c) promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • (d) be likely to harass, upset, embarrass, alarm or annoy any other person;
  • (e) infringe any intellectual property rights, other proprietary rights or the privacy or confidential information of any person.

5. INTELLECTUAL PROPERTY RIGHTS IN THE SERVICES

Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). 
We are the owners or licensees of all intellectual property rights in the Services. All text, information, graphics, interfaces, photographs, video and other material available on the Services is protected by copyright, trade mark and other proprietary and intellectual property laws. 
We and our licensors reserve all of our and their rights in any intellectual property in connection with the Services.

6. ADVERTISING AND SPONSORSHIP

The inclusion of any advertising or any sponsorship material on the Services does not constitute an endorsement of the relevant advertiser or sponsor or their goods or services. Any correspondence or dealings you have with advertisers or sponsors are solely between you and the relevant advertiser or sponsor. We shall not be responsible for any loss or damage of any kind suffered or incurred by you as a result of any correspondence or dealing you have with any advertiser or sponsor.

7. DATA PROTECTION AND COOKIES

Our  Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us when using the Services and which sets out information about the cookies we use on the Website. By using the Services, you consent to such processing.

8. LIMITS ON LIABILITY

8.1. Disclaimer

While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. We give no warranties in this respect and to the extent permitted by law we disclaim all warranties, conditions and other terms implied by statute or common law. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk. 
Any data that you access as part of the Services is provided for your general information purposes. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

8.2. Limitation on liability

8.2.1. To the maximum extent permitted by law and subject to the remainder of this clause, we shall have no liability whatsoever to you or any third party for any loss or damage, whether in contract, tort, breach of statutory duty, or otherwise, arising under or in connection with: your use of, or inability to use, the Services; or your use of or reliance on any content displayed on the Services; except to the extent it causes direct losses or damage that are a reasonably foreseeable consequence of a breach of these terms and conditions. Losses or damage are foreseeable where they could be contemplated by you and us at the time these terms and conditions are entered into.

8.2.2. In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation;
  • any indirect or consequential loss or damage; or
  • any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any content on it, or on any website linked to it

8.2.3. For any damage that is reasonably foreseeable, in no event shall the liability of The Crowd exceed, in the aggregate for all claims, an amount that is the lesser of (a) five times the most recent monthly or yearly fee that you paid for a premium service, if any, or (b) US$1000. This limitation of liability is part of the basis of the bargain between you and The Crowd.

8.2.4 Nothing in these Terms and Conditions excludes or limits our liability for:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation; or
  • any other liability that cannot be limited or excluded by law.

9. MISCELLANEOUS

9.1 If any provision in this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the maximum extent permissible, and the remainder of the Terms and Conditions shall remain in full force and effect.

9.2 Any failure by us to enforce or exercise any provision in this Agreement shall not constitute a waiver of that provision or any other provision.

9.3 We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under this Agreement to any third party without notice and without the need to receive your consent. You may only transfer, assign, sublicense or pledge your rights or your obligations under this Agreement to another person if we provide our consent to you in writing. 

10. APPLICABLE LAW AND JURISDICTION

10.1 These Terms of Use, their subject matter and their formation, are governed by English law.

10.2 The courts of England and Wales shall have exclusive jurisdiction to settle any disputes arising in connection with these Terms of Use (including any non-contractual terms).

11. CONTACT US

To contact us, please email  info@thecrowd.me.