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Causable Website Terms of Use

BY USING THE CAUSABLE SERVICES, AS DEFINED BELOW, BROWSING OUR WEBSITE, OR BY ACTIVATING YOUR ACCOUNT BY  CLICKING “I AGREE” TO OUR WEBSITE’S TERMS OF USE (“THIS AGREEMENT”) AND CAUSABLE’S PRIVACY POLICY (“PRIVACY POLICY”) AS PART OF THE REGISTRATION PROCESS FOR THE CAUSABLE GAME APP, YOU ACKNOWLEDGE, ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT IN CONNECTION WITH YOUR USE OF THE WEBSITE, APP AND THE SERVICES. CAUSABLE’S WEBSITE’S TERMS OF USE AND PRIVACY POLICY ARE AVAILABLE ONLINE AT HTTPS://CAUSABLE.IO/. PLEASE VISIT OUR WEBSITE TO VIEW, PRINT, AND SAVE  CAUSABLE’S WEBSITE’S TERMS OF USE AND PRIVACY POLICY.

We thank you for your interest in our Website and Services. We have provided these terms and conditions (“Terms of Use”) to set out the important information, representations, warranties, covenants conditions and agreements relating to your use of Causable Inc. ‘s Website and Services. 

Please ensure you read these Terms of Use (hereinafter also referred to as “this Agreement”) carefully because they are legally binding and enforceable. This Agreement is a binding contract between you (“you”,”your”,  “the player” or the “User”) and Causable Inc. and it explains your rights and obligations when you use the App and Services.

By using the Website and/or Services you agree to be legally bound by these Terms of Use. If you do not wish to be bound by these Terms of Use then you must not use the Website or Services.

  1. DEFINITIONS

 In these Terms of Use, certain words have defined meanings as follows:

1.1 “App”. In this Agreement, “App” means the software applications (e.g. the web and mobile Causable application provided by Causable for use on your Device (as defined below) in order to access the Services, as well as any future versions, improvements, developments, programming fixes, updates and upgrades thereof; and “Device” means a mobile phone, smartphone, handset, tablet, laptops, or other devices enabled for internet access and/or communication including web applications running under browsers and applications running under Android and iOS operating systems. 

1.2 “Game Operator” means a non-profit organization or a registered charitable institution as defined in subsection 248(1) of the Canadian Federal Income Tax Act, that is eligible to obtain a lottery license needed to operate a “Gaming Event” in their province, and which has agreed with Causable to participate on the Website and to which you may donate money through the Website or which may be a beneficiary of the proceeds of ticket sales to a “Gaming Event”;

1.3 “Game” means any online raffle Game run by Causable in the name and on behalf of a Game Operator on the Website and “Player” means any entrant to such Game;

1.4 “Gaming Event”, means the use of the Causable’s online application entitled “Causable”, which is used to operate and promote Gaming Events,

1.5 “End User”, “you”, “your” means you as the Player or the applicant for or End-User of the Services;

1.6 “Intellectual Property Rights” means patents, trademarks, service marks, design rights (whether registrable or otherwise), applications for any of the foregoing, copyright, database rights, trade or business names and other similar rights or obligations whether registrable or not in any country (including but not limited to Canada);

1.7 “Privacy Policy” means the policy which governs our collection and use of your personal information which can be found on the Website at the following address:https://causable.io/

1.8 “Causable”, “we”, “us” means Causable Inc. with its principal place of business located at 176 Great George Street, Suite 310, Prince Edward Island.

1.9 “Services” means any and all services and facilities (including Game and the facility to make direct Donations through the purchase of Game entries) which we may make available for your use through the Website;

1.10 “Third Party Content” means any material, information, data or other content which is owned or licensed by a third party (including but not limited to Charities);

1.11 “Website” means the websites owned by Causable Inc. and located at URL (Causable.io).

  1. REGISTRATION

2.1 You do not need to register to view the Website, however, in order to use the Services you must register for an Account with us by completing the online registration form on the Website.

2.2 Account. To participate in any Game, you must create an account (“Account”). During the registration and set-up of your Account, you will be required to provide us with certain information about yourself including, without limitation, your name, your email address and your telephone number. As part of the registration process for your Account, you will choose a password (the “Password”) for your authorized access and use of the Services.Your Password is unique to you alone. Without your password, you cannot log-in to your Account. You must carefully select your Password so that it cannot be easily guessed by anyone else. You agree to keep your Password absolutely confidential, and ensure it is never disclosed, accidentally or otherwise, to anyone else. You are fully responsible for all activities that occur under your Account. 

2.3 Eligibility. Downloading of the App, use of the Services and registration for an account to use the Services (“Account”) is void where prohibited by law. You must be 18 years of age or 19 years of age according to your province’s age of majority, to use the Services (including, but not limited to, registering for an Account). The age of majority is 18 years old if you are a resident of Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, and Saskatchewan.The age of majority is 19 years old if you are a resident of British Columbia, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut, and Yukon. By registering for the Services, You represent and warrant that you are over the age of majority in your province, and that you have the capacity to enter, understand, agree to and comply with these Terms of Use. Your Account may be deleted and your access to the Services may be terminated without warning if we believe, acting in our sole discretion, that you or your Account is not in compliance with this Section or any other provision of this Agreement. 

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2.4 EU resident. You represent and warrant that you are not a resident of the European Economic Area or EU. If You are a resident of the European Economic Area or EU, please deactivate your account with us. We are currently focused on US and Canadian markets.

2.5 Representations and warranties. You represent and warrant to Causable that: (i) all required registration information you submit is truthful, current, accurate and complete and (ii) you will maintain the accuracy and completeness of such information by providing updates to Causable, as needed. You agree that we may use and rely on any such information provided by you for all purposes in connection with your use of the Services. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Causable shall not be liable for any loss or damage arising from your failure to comply with the above requirements.

2.6 Address and name change. You are responsible for notifying us of any change in your name, physical address, mailing address, email address, or phone number. Requests for address or name changes may be subject to additional verification requirements. We will attempt to communicate with you only by use of the most recent contact information you have provided to us. You agree that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you. We cannot accept responsibility for any email messages not received by you or for any delay in the receipt or delivery of any email notification. If you make your email account available to any other individual, you agree that you are responsible for any release of any Account information to such individual.
  

  1. SERVICES

3.1 Inquiries.  If you have any questions or concerns about the Website and/or Services we invite you to read our FAQs carefully on our Website, or to direct them to us via email at internalsupport@causable.io 

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3.2 Modifications. We reserve the right to make changes or corrections, alter, suspend or discontinue all or any part of the Services or the Website or any related content or your access to the same with reasonable discretion. Any modifications or additions to the Services or the Website shall be subject to these Terms of Use.

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3.2 Third Party Content. The Services may include Third Party Content which may be subject to separate licenses from the relevant third party. You understand that we do not control or endorse Third Party Content. All such Third Party Content is published by us in good faith but to the extent permitted by applicable law we do not accept responsibility for the accuracy or otherwise of such Content. We make no representations whatsoever about any other website which you may access through the Website or which may link to the Website and when you access such third party websites you understand and agree that they are independent from Causable and that we have no control over them.

  1. GAMES

Causable may host and run Games from time to time for one or more Charities. All Games hosted on the Website shall be subject to separate terms and conditions (“Game Rules”) relating to the Games which you must accept as a precondition of your Game entry. These are accessible on our Website and you must accept them as a precondition of your Game entry.

4.1 The Game Rules are determined by the Game Operator and posted on our Website and on the Game Operator’s Websites.

4.2 Provided you have registered and subject to your compliance with these Terms of Use  (including relevant Game Rules), you may purchase one or more tickets to be entered into the Games to be held on or through the Website.

4.3 We may in our reasonable discretion accept or reject any entry to a  Game. Where we do not for any reason accept a Game entry, we shall refund the purchase amount we received for the purchase of the ticket(s) relating to the entry.

4.4 Where a Game has been held, we shall notify the winning Player and confirm their address details. We shall inform the Game Operator of the name and address of a winning Player and the Game Operator (or Causable as directed by the Game Operator) shall contact such Player to arrange delivery of the Prize in accordance with the Game Rules. 

4.5 Employees of a Game Operator and their families, employees of Causable and their families, agencies or other companies having any connection with the production of the draw are ineligible to enter.The closing date for entries is displayed for each competition. However the Game Operator reserves the right to extend the closing date at its discretion.

  1. USE OF THE SERVICES

5.1 Acceptable use. You agree that you shall only use the Website and the Services in accordance with this Agreement. You must not use our services for any purpose that is illegal or unlawful.

You agree to notify us by email to internalsupport@causable.io in the event that you come across errors, bugs or shortcomings in the Website or the Services during your use of them, including any observations or comments you may have.

5.2 Truthfulness. You shall ensure that all of the information you provide to us (including in the course of registration and in respect of Prizes) is accurate, complete and not misleading and you agree to notify us immediately in the event that such information becomes inaccurate for any reason.

5.3 Privacy of others. You must not use our services to collect, store, transmit, transfer or publish personal data which relates to other people (whether or not they are other Users of the services) unless you have their consent to do so.

5.4 Computer systems. You must not use our services to harm or disrupt any computer device or network belonging to us or any third party, for example, by uploading or distributing content infected by a virus or other malicious code. Furthermore, you must not use our services for the purpose of obtaining unauthorized access to any computer or service. Where you use the services to send information across other networks on the Internet, you must abide by acceptable use policies which may apply to the use of such networks.

5.5 Personal use. Where you are an individual End-User of our services, you agree to use them for your personal non-commercial use only and you further agree not to use the services on behalf of any other person or resupply or distribute the services to any other person.

5.6 Emails. You must not use the services to send emails which would typically be categorized as ‘spam’ or ‘junk’ by other Users. Such emails would include chain or pyramid e-mails (whether or not initiated by you), advertising or marketing emails, bulk or unsolicited emails (especially of a commercial nature), malicious email, including, but not limited to, ‘mail bombing’, emails with forged headings or anonymous emails. You must not send emails to a person after specifically having been requested not to do so by that person, or by us (which also applies to any automated service that may have been employed) and you must not use the services to provide anonymous re-mailing facilities for others.

  1. CONSENT TO RECEIVE ELECTRONIC DISCLOSURES

By agreeing to these Terms of Use, you agree to receive any and all communications, agreements, documents, notices, and disclosures (collectively “Disclosures”) that we provide to you regarding your Account electronically. We will provide these disclosures to you through our Website.  If you do not accept these terms, you should not register for a Causable Account. You acknowledge that you are able to electronically access and download such Disclosures. All communications regarding your Account will be electronic, utilizing In-App messaging, Text Messaging and/or Email messaging. Third party message and data fees may apply.

You further understand and agree that:

  • You will use an electronic signature (“E-Signature”), which may include a click to accept to sign, if required, the documents provided to Causable which may include, but are not limited to, application forms, disclosures, security documents, account agreements and other documents or other information or materials relating to solutions and/or services offered or provided by the Causable Application.
  • You intend your E-Signature to be legally binding and to have the same effect as if you were signing with pen and paper.

6.1 Your Consent. To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under this Agreement and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to this Agreement electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below.

6.2 Your Right to Withdraw Your Consent. Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at internalsupport@causable.io. If you withdraw your consent to receive Communications electronically, we will close your Account, and you will no longer be able to use your Account or participate in the game  except as expressly provided in this Agreement. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that your withdrawal of consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.

6.3 Hardware and Software Requirements. In order to access and retain Communications provided to you electronically, you must have: (1) a valid email address; (2) a computer or other mobile device (such as tablet or smartphone) that operates on a platform like Windows or a Mac environment; (3) a connection to the Internet; (4) a Current Version of Internet Explorer 8 (or higher), Mozilla Firefox 7.0, Safari 5, or Chrome 15; (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (6) a computer or device and an operating system capable of supporting all of the above; and (7) a printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form. “Current Version” means a version of the software that is currently being supported by its publisher. 

6.4 Copies of Communications. You should print and save and/or electronically store a copy of all Communications that we send to you electronically.

  1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We will operate the Games and provide the Services with reasonable skill and care. The materials made available on our Website and through our Services, including materials in linked sites directly or indirectly accessible from our Website, are provided “as is” without warranties of any kind, either express or implied, including but not limited to all implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the materials will be error free, nor free of viruses, defamatory, offensive, or other harmful matter. You assume the entire cost of any necessary service, repair, or correction. The materials that can be accessed from linked websites are not maintained by us and we are not responsible for the contents thereof. Any reference to a linked website or any specific third party product or service by name does not constitute or imply its endorsement by us, and you assume all risk with respect to its use. Under no circumstances shall we, nor our affiliates, agents, and suppliers, be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use the materials available in this site or any linked site, even if we are advised of the possibility thereof, nor for any claim by a third party. As indicated above, this Website is for your personal and non-commercial use, and you agree to use this site for lawful purposes only. You shall not copy, use, modify, transmit, distribute, reverse engineer, or in any way exploit copyrighted or proprietary materials available in this Website, except as expressly permitted by the respective owner(s) thereof.

  1. INTELLECTUAL PROPERTY RIGHTS

All Intellectual Property Rights in and to the Website and Services including the design, text, graphics and other content, interfaces and the selection and arrangement of the content, software and all other material comprising the Website and Services belongs to us or our licensors. All rights are reserved. We grant you a non-exclusive, royalty-free personal license (with no right to sub-licence) to access and use the Website and Services for your personal, private and non-commercial use for such time as you are a registered User. You agree to defend, indemnify, and hold us and our affiliates harmless from and against any and all claims, losses, liabilities, damages and expenses (including attorney’s fees, errors, omissions, and incorrect pricing) arising out of your use of our Website and Services. Except to the extent and in the circumstances expressly required to be permitted by us by law, you shall not modify, adapt, translate, copy, reproduce, republish, upload, post, transmit or distribute by any means or in any manner any material or information comprising the Website or the Services including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly permitted to do so.

  1. SECURITY

8.1 You are solely responsible for protecting the confidentiality of any User name, email verification, password and/or PIN (collectively “Security Data”) which may be given to you in order for you to use the Website and/or Services.

8.2 You must not share Security Data with or transfer Security Data to any third party without our express consent.

8.3 You must immediately notify us if you know or suspect any unauthorized use of your Security Data or other breach of security relating to the Services.

8.4 We check our systems using up-to-date commercial antivirus software but these do not always detect and remove all viruses. No software (including ours) is error-free and although unlikely, it is possible that your use of our Services could unintentionally lead to the loss or corruption of your data. We cannot know or estimate the value to you of the data you hold on your computer and you are best able to assess and manage the risks of data loss and corruption having regard to your data and you can easily eliminate these risks by performing regular backups of your data. Except where we take responsibility for your personal data under our privacy policy, you agree that it is reasonable for you to assume the entire risk in relation to data loss and corruption.

  1. PERSONAL INFORMATION PROTECTION

You acknowledge that in order for us to provide the Services to you, we must collect certain personal information from you and process that data. Our collection and use of your personal data is governed by our Privacy Policy. PLEASE READ THE PRIVACY POLICY AS IT CONTAINS IMPORTANT DETAILS ABOUT HOW WE COLLECT AND USE YOUR PERSONAL INFORMATION. You expressly consent to our use of your personal data for the purposes set out in the Privacy Policy.

  1. TERMINATION

We may terminate or suspend your access to the Website and/or Services at any time provided we will in such circumstances act with reasonable discretion. Provided you are not in breach of this Agreement, in the event of such termination the warranties we make in relation to the website and services are limited to those set out in section 7. If you breach these Terms of Use or if you commence or have commenced any proceedings for bankruptcy then your permission to use the Services terminates immediately without the necessity of any notice being given to you. All disclaimers, indemnities and exclusions in these Terms of Use shall survive termination of this Agreement between us for any reason.

10.1  No Subsequent Registration.  If this Agreement is terminated for cause by Causable or if your Account or ability to access the Service is discontinued by us due to your violation of any portion of this Agreement or for conduct otherwise deemed inappropriate, then you agree that you shall not attempt to re-register with or access the App or Services through use of a different member name or otherwise.

  1. GENERAL

11.1 Severability. If any provision of this agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of this agreement shall not be affected. If we fail to enforce a right under this agreement, that failure will not prevent us from enforcing other rights or the same type of right on a later occasion.

11.2 Force Majeure. Without limiting Section 7 above, we do not take responsibility for any event which is outside our reasonable control, including but not limited to the failure, malfunction or unavailability of telecommunications data communications and/or computer services, power supply failures or shortages, acts or omissions of third parties including but not limited to network operators), acts of government or regulators nor for any consequential loss arising from such an event.

11.3 Entire Agreement. These Terms of Use, together with Causable’s Privacy Policy, relevant Game Rules, order form and payment method instructions (collectively the “Agreement”) constitute the whole agreement between you and us in relation to the subject matter and supersedes any and all prior agreements between you and us. You acknowledge that you have not entered into this Agreement in reliance on any statement, warranty or representation made by Causable or any other person and you irrevocably and unconditionally waive any right to claim damages and/or to rescind these Terms of Use by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in this Agreement. We may in our absolute discretion modify this Agreement from time to time and post the new version on the Website, following which all use of the Website and the Services shall be governed by the amended Agreement. This Agreement replaces all other terms and conditions previously applicable to the use of the Website and the Services.

11.2 Assignment. You are not permitted to assign this Agreement. We may assign, transfer or subcontract any of our rights or obligations under this Agreement without notice to you. No term of this Agreement is enforceable by any person who is not a party to it.

11.3 Notices. All notices shall be given:

  • to us via email at internalsupport@causable.io ; or
  • to you at the email address you provide during the registration process.

Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or public holiday in the place of receipt) or 3 days after the date of posting on our Website.

11.4 Language. The Parties have expressly required that this Agreement, any communication and all other contracts, documents and notices relating to this Agreement be drafted in the English language.

11.5 Governing Law. This Agreement shall be governed by and construed in accordance with the laws and in the courts of the Province of Prince Edward Island and applicable Federal laws of Canada.