Youngcom GmbH (hereinafter "Youngcom") operates the website www.betteract.net.
These are the Terms and Conditions for www.betteract.net –
hereinafter also referred to as "website". The offer is provided by Youngcom GmbH, Marktstrasse 10, 33335 Gütersloh.
The following general terms and conditions regulate the contractual relationship between Youngcom GmbH (betteract.net) and the companies that use the internet offer of betteract.net.
"Companies" within the meaning of these terms and conditions are defined in accordance with §14 BGB, i.e. natural and legal persons or legal entities
Partnerships that enter into a business relationship in the exercise of their commercial or self-employed professional activity.
These General Terms and Conditions apply exclusively to all users of the website. Different terms and conditions of the user are not valid.
§1a Company entry and voting
1) Companies can participate in the voting (company participation)
and the entry in the database according to the current price list
Reserve. Participation is only possible after approval by Youngcom.
(2) Insofar as betteract.net does not offer an automated process for licenses as part of the registration, licenses
only on separate request (direct inquiries to: and granted after individual authorization. In any case, betteract.net reserves the right to refuse the granting without giving reasons.
(3) For violations, the parties agree on a contractual penalty, in accordance with the requirements and as regulated in § 4 para. (5).
§1b Rights of use, use of the seal or the award
(1) Youngcom regularly awards companies, brands and products with seals. Award-winning companies can receive the award or
use the “Excellent Company” seal for their communication, among other things, and acquire the corresponding rights of use.
(2) The awarding of a seal does not justify any claims on the part of the company. There is also no entitlement to an award
of seals, as these are awarded according to independent procedures (see methodology).
(3) Awarded seals may only be used by companies after completing an order for the agreed type of use. the
Rights of use are offered for various types of use. The user fees apply exclusively to the agreed types of use.
Use in other media than agreed is not permitted.
(4) Youngcom expressly points out that every authorized user of the seal(s) is responsible for the legality of use and deployment
who must respect the seal; in this respect, Youngcom GmbH assumes no guarantee or liability for the use of the seal/award at any time.
(5) In order to ensure the uniformity of the appearance of business activities and advertising with survey results from Youngcom GmbH
guarantee, Youngcom GmbH only allows the use of the awarded seal if the user has not made any graphic changes
be made to the files provided. In particular, Youngcom GmbH only permits the use of the seal
if the shape is not distorted or cropped and the color composition of the seals is preserved. Is one in individual cases
multi-colored representation of the seal is not possible for technical reasons or not usual due to the medium used
the representation in black and white. Uses deviating from this must always be approved
§2 Conclusion of contract
(1) Access to use betteract as a company requires registration.
(2) Companies based in the EU can register. From March 1st, 2022, companies outside the EU will also be permitted to register.
(3) By registering, the company accepts these general terms and conditions. With the registration, a contractual relationship is created between betteract.net and the registered company, which is based on the provisions of these general terms and conditions.
§3 Description of the scope of services / expiry of booked premium services
(1) Youngcom GmbH operates the betteract.net portal, where consumers, employees and other stakeholders can find and rate sustainable companies.
(2) Companies can book paid premium services, the scope and duration of which are based on the
valid offer at the time of booking. If the paid service is terminated, the chargeable services are no longer applicable.
(1) To use betteract, you must first register. By registering on betteract.net, the company is included in the directory on the site within 14 days and can be rated after prior consultation and approval.
(2) By choosing a paid premium service (e.g. premium membership), the scope of services can be expanded by betteract. If the company/municipality wants to use a fee-based service, it will be informed of the fee beforehand. In particular, he is informed of the respective additional scope of services, the costs incurred and
the method of payment listed. By pressing the button "Order now for a fee" these are accepted by the company.
(3) The operator reserves the right to calculate different fee models for different booking times and user groups and in particular for different periods of use, as well as to offer different scopes of services.
(4) A culpable violation of the rules in paragraph (4) entitled by the respective user, provided that
he is an entrepreneur, a contractual penalty of €100.00 for the first case of infringement and one for each additional case
to demand a contractual penalty of €500.00. The assertion of a claim for damages remains unaffected by this, whereby any contractual penalties that may have been incurred are to be offset.
§5 Terms of payment, due date, automatic renewal / renewal (subscription)
(1) An accruing fee is to be paid in advance to betteract.net without deduction (=due date). Payment target is 4 weeks after invoicing.
The payment interval upon completion of the premium entry or other services can be selected by the company and is 12 months for term models (depending on the currently offered and available term).
betteract reserves the right not to make the specified running times available at any time or to change them by arrangement.
(2) The fee-based service is automatically extended by the period booked (subscription) unless it is canceled by telephone, email or letter. For the termination of paid services see § 6.
(3) By registering, providing the information required for the payment process and using the fee-based service, the company authorizes the operator to collect the corresponding amount.
§6 Registration, Termination
(1) A user account is authorized for the company and its use. A company must not authorize third parties to use this account. A company may not transfer its account to a third party.
(2) If you only use the free basic membership, you have the option of completely deactivating it within the data and settings in the account. The previously concluded contractual relationship is thus terminated.
(3) If a company has registered for the premium entry, the day of the entry counts as the day of the service date and thus the day of invoicing. betteract undertakes to publish the profile within 14 days after handing over all relevant content and to make the survey accessible. The company can cancel the premium entry no later than two months before the end of the current booking period. If this deadline is not met, the paid service (premium membership) will be extended by 12 months and the termination will only take effect at the end of the subsequent booking period.
The services (survey, number of participants, etc.) will be fulfilled by betteract in this case.
(4) Separate tariff rules and billing modalities apply to additional services.
(5) Termination is possible by telephone, e-mail or letter and will be confirmed by us in writing. In order for your cancellation to be assigned, the full name, the stored e-mail address and the address of the company should be given.
(6) betteract.net can terminate the contract at any time at its own discretion, with or without prior notice and without giving reasons. betteract.net further reserves the right to remove profiles and/or any content posted on the website by or by the company. If betteract terminates the company's registration and/or removes profiles or published content from the company, betteract.net is under no obligation to inform the company, nor about the reason for the termination or removal.
(7) Companies are obliged not to make any intentional or fraudulent misrepresentations or claims in their profile or other areas of the portal. Such disclosures may result in civil action. The operator also reserves the right to terminate the existing contractual relationship with immediate effect in such a case.
(8) If a user's access is blocked due to culpable breach of contract and/or the contractual relationship is terminated, the company has to pay damages for the remaining term of the contract in the amount of the agreed fee less the amount saved
Expenses to be paid, but at least in the amount of 250 euros. The amount of the expenses saved is set at a flat rate of 10% of the fee. Both contracting parties are free to prove that the damage and/or the expenses saved are actually higher or lower.
(9) After termination of the contractual relationship, all data of the company will be deleted by betteract.net, unless legal or contractual retention periods oppose this.
§7 Liability of Betteract
(1) betteract.net assumes no responsibility for the content and correctness of the information in the registration and profile data of the user or other content generated by the user. Likewise, betteract.net assumes no liability for any misuse of information.
(2) betteract.net is only liable for damages resulting from injury to life, limb or health if they are based on an intentional or negligent breach of duty by betteract.net or an intentional or negligent breach of duty by a legal representative or vicarious agent of betteract.net .
(3) betteract.net will not be held liable at any time for damages arising from the use and publication of the award/seal
liability, since the legal situation is constantly changing. betteract.net also does not provide legal advice on the application and scope of use.
For other damages, insofar as they are not based on the violation of cardinal obligations (such obligations, the fulfillment of which is the proper
enable the execution of the contract in the first place and on whose compliance the contractual partner may regularly rely), betteract.net is only liable if they are based on an intentional or grossly negligent breach of duty by betteract.net or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent based on betteract.net.
(4) The claims for damages are limited to the foreseeable, contract-typical damage, except in the cases mentioned in paragraph 3.
They amount to a maximum of 50% of the respective order value to betteract.net.
(5) The operator is not liable for unauthorized access to personal user data by third parties (e.g. by "hacking" the database). Likewise, the operator is not liable for the misuse of user information by third parties, which was made accessible to third parties by these users themselves.
(6) The operator reserves the right - but does not assume the obligation - to check the content of a text written by a user and uploaded files (images, videos) for compliance with the law and, if necessary, to be deleted in whole or in part.
§8 Availability of betteract
betteract.net has an availability of 96 % per year. Availability is understood as the ratio of actual time (IZ) to
Target time (SZ): VF(%) =(IZ / SZ) *100. Actual time (IZ) is the period during which the system is actually available at the router output of betteract.net's data center. Not included in the target time are maintenance times required for maintaining the system and interruptions for offline backups within reasonable limits (industry standard) as well as interruptions due to force majeure or other causes for which Betreut.de is not responsible, due to intent or gross negligence .
§9 Responsibilities and obligations of the user
(1) The user is solely responsible for the content of his registration and thus for the information he provides about himself
responsible. betteract.net is not responsible for claims regarding incorrect, inappropriate or incomplete information provided by companies. The company assures that the data provided by betteract.net is true. The company also assures that it will not use the data entrusted to it by third parties for commercial purposes that go beyond the purpose of the platform, including advertising purposes. Without limiting the foregoing, the company declares that he/she has the right to publish the information provided on the website; including without exception that the user has the permission or permission of the parent or guardian to post the content.
(2) The Company has the right and hereby grants Betteract.de and its affiliates, affiliates, licensees and successors a revocable, non-exclusive, royalty-free, worldwide right to use, copy, utilise, display, reproduce, adapt, modify and distribute in the content made available by the company on the website. The company declares that he/she does not infringe or violate the rights of third parties through the published content and the use of this by betteract.net.
(3) The company understands and accepts that betteract.net may, at its reasonable discretion, check and/or provisionally or permanently delete all content published by the user, in part or in full, especially if betteract.net believes that it violate these Terms and Conditions or are inappropriate in the sense of being offensive, illegal or otherwise violate the rights or safety of any third party.
(4) The company undertakes to indemnify betteract.net from such lawsuits, damages, losses or claims arising from culpable, improper registration by the company and/or use of the service. This relates in particular to the reasonable costs required to properly defend against the claim.
(5) The company undertakes to treat e-mails and other messages confidentially and only make them accessible to third parties with the express prior consent of the sender. This also applies to names, telephone and fax numbers, address data, e-mail addresses and Internet URLs.
(6) The company undertakes not to misuse the service, in particular not to distribute any defamatory, offensive or otherwise illegal material or information via betteract.net. This applies in particular to pornographic, racist, hate speech or similar content. The company undertakes not to use betteract.net to threaten other users, to harass them, or to violate the rights of third parties.
(7) The company undertakes not to use any mechanisms, software, scripts or other tools in connection with the use of the service that limit or impede the functionality or accessibility of betteract.net. The company is not permitted to change, overwrite, delete or otherwise manipulate content posted by betteract.net. The company undertakes not to intercept or attempt to intercept system messages and emails intended for other companies/users. The company undertakes not to post or send any e-mails or chain letters or offers of goods or services that are not directly related to the purpose of betteract.net.
Without limiting the foregoing, a company's use of the betteract.net website and/or service, particularly the content posted by it, must be in compliance with all applicable laws and regulations.
(8) In the event that one of the above-mentioned behavioral obligations is not observed, this can lead to termination of the contract by betteract.net as well as civil and criminal consequences. betteract.net explicitly reserves the right to exclude the company from the platform if it violates the guidelines when registering or at a later point in time.
§10 Involvement of Third Parties
betteract.net is entitled to commission third parties to provide parts or the entire range of services.
The place of jurisdiction for disputes is Gütersloh or the current seat of the provider.
As of March 19, 2022