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TERMS & CONDITIONS

 

1. General information

1.1. The present document establishes the Terms and Conditions that govern the use of the web application MyOwnTree.org, property of MyOwnTree NGO.

1.2. These Terms and Conditions of use MyOwnTree.org, together with Privacy Policies constitute the legal framework that is applied to the use of the web application (hereinafter 'Application'), and constitute the binding contract between our donors (hereinafter 'User') and MyOwnTree NGO. Registration and use of the application is attributed to the User and implies fully and expressly the acceptance of its Terms and Conditions.

1.3. The present Terms and Conditions will be updated periodically, those that are actual and published will be applicable during the use of the application or of the services of MyOwnTree.org through the application. We urge you to read attentively our Terms and Conditions before proceeding with the use of the application, as well as periodically, in order to keep yourself totally informed. If you have any questions regarding these Terms and Conditions, you can contact us by sending an email to: contact[at]myowntree.org.

1.4. MyOwnTree.org reserves the right to amend the present Terms and Conditions to the extent that such modifications are a result of improvements made in the services provided by MyOwnTree.org, changes of a legal nature or changes due to technical requirements. Included in this category are new services possibly offered by MyOwnTree.org.

1.5. The information or personal data that you provide us with will be processed in accordance with the established Privacy Policy. With the use of the application as a User you consent to the treatment of said information and data and declare the all the information or data that you provide us with are truthful and correspond with reality.

1.6. As a MyOwnTree.org User you guarantee the legal capacity to enter into a contract and to be of the legal age established in your country, of which in any case can be no lower than 16 years old. Equally, when you open an account in MyOwnTree.org, as a User you declare and guarantee that you act in your own name or that you hold the legal representation necessary to be able to grant contracts on behalf of physical or legal persons in whose name you act. MyOwnTree.org reserves the right to ask Users for the accreditation of such circumstances.

 

2. Application registration

2.1. The application aims to measure the Carbon footprint of Users yearly activities and compare it with the Carbon that you are capturing through the trees planted through MyOwnTree.org. From the application Users can check the status of their trees through counters, satellite images, notifications and photos.

2.2. You can use the application as a User, which includes creating Carbon footprint, consulting the forest records and accessing a trees dashboard.

2.3. To plant a tree using the application you must register by entering a real and working e-mail address, your name and in addition to choosing a password for the account. So that they appear in the ownership of your rights over the trees and in the MyOwnTree member certificate that we issue for your commitment.

2.4. Each MyOwnTree.org User may have only one personal account. In case you need for any reason more than one account, please contact us at: contact[at]myowntree.org.

2.5. Once registered, each time you access the application and in the case that you do not want your access data to be remembered, you must enter the chosen email and password or start using Facebook login. If you will use login with e-mail address and password you won't be able to use Facebook login for that account.

 

3. Operation of the application

3.1. In the first step Users choose the main type of involvement on MyOwnTree.org project. There are available two main types in terms of involvement: You, family & friends and Corporate.

3.2. In the second step Users choose a specific type of involvement:

a) Users can plant trees for cover their personal or family Carbon footprint calculated using the smart Carbon calculator.

b) Users can plant trees for a new-born baby, for a friend, for a gift or in the memory of a passed away person.

3.3. In the third step Users fill the account with personal data (first name, last name, email address, country and password) and make the donation through secured payment.

3.4. After the acquisition is complete Users will receive an account confirmation/ acquisition confirmation email.

3.5. A personal account is automatically generated for a new User after the first acquisition. For the new-born baby, friends and gift involvement Users can optionally choose to generate accounts for the baby's parents, friend or gift consignee. All future acquisition will be connected with the personal account.

3.6. User can visit any time the personal account where can find all trees acquired, a counter with specific indicators (O2 eliberated, H2O filtred, CO2 covered) for User trees and a map with trees geo location.

 

4. MyOwnTree.org forest management

4.1. The principal activity of MyOwnTree NGO (MyOwnTree.org) is reforestation, the protection of existing forests and the certification of Carbon offsetting through the Carbon sequestered by the forests we manage (MyOwnTree.org forests).

4.2.The MyOwnTree.org forests are those that are available at any time within the application, and have the characteristics that in each case are indicated with respect to each one of them. Forests may be protected, reforested or in the process of being reforested, regardless of the age of the plantation or the technique used, and may have been acquired directly by MyOwnTree NGO or belong to third party organizations with whom MyOwnTree NGO has formalized the necessary agreements to be in accordance with the activities of MyOwnTree.org.

MyOwnTree NGO forests list:

- Forest no. 1 -

Name: Targsorul Nou

Description: Agricultural terrain transformed into forest.

Type: Linden tree forest.

Area: 10.000 m2.

Land owner: MyOwnTree NGO.

Land taxes: MyOwnTree NGO.

Forest management: Next Garden LTD (legal agreement no.: 21/ 10.01.2019).

4.3. MyOwnTree NGO is responsible for the maintenance and operation of the MyOwnTree.org forests, either directly or through third parties with which it has signed the corresponding contracts, as indicated in the table above. By maintenance and operation will be carried out according to the type of forest in each case and according to the Terms and Conditions of MyOwnTree.org.

4.4. Each forest has an approximate area of 10.000 m2. This spatial division depends on the conditions, the terrain orography, and the total area of the MyOwnTree NGO forests.

4.5. When a User acquires rights over a tree from MyOwnTree to offset their Carbon footprint or for other reasons, these rights are conferred to individual trees assigned automatically in a selected sector of forest.

4.6. MyOwnTree.org will try to assign, whenever possible, the rights of the same User in a single forest sector, depending on the space available in the sectors at the time of purchase.

 

5. User Rights over MyOwnTree trees

a) Rights and obligations of Users over trees

5.1. The User receives the exclusive rights for trees, to be able to offset their Carbon footprint or for other reasons. The right is restricted only for trees, without land rights, deforest rights or other complementary right.

5.2. The basic unit of measurement on which these rights are granted is the tree.

5.3. The User becames an active member of the MyOwnTree community.

5.4. This right of use of the trees gives the possibility to the User to know the Carbon capture that is carried out in the MyOwnTree.org forest, through counters, geo location, satellite views and MyOwnTree.org notifications.

5.5. The User can visit his forest anytime, always respecting the MyOwnTree NGO guidelines and instructions and with a previous e-mail notification. In case of prohibited actions, contrary to the law or contrary to MyOwnTree.org mission, such as (with intention to give example but not exclusive): fire in the forest or its surroundings, deforest, felling, damaging wildlife, smoking the person will be handed over to the state authority. Users will be responsible for the administrative, criminal and any other sanctions that, as a result of the carrying out of such prohibited conduct, which would normally be assumed by MyOwnTree NGO. Users who wish to perform events in their forest must have the prior written authorization of MyOwnTree NGO.

5.6. Trees rights are granted exclusively to the owner of the MyOwnTree.org account. The transfer of such rights, as well as the change of the holder of an account or the resale of said rights without the prior written consent of MyOwnTree NGO is strictly prohibited. As a User of MyOwnTree.org, you agree to make an ethical use of the application in accordance with the Terms and Conditions of MyOwnTree NGO, as well as respect and protect the MyOwnTree forests.

b) Donation and payments

5.7. Users make the acquisition of tree rights through one-time payments each time they make a new donation. Payments may be made through any of the payment gateways available on the application. Prices include all applicable taxes.

5.8. The application also offers the possibility to make periodic purchases of rights.

5.9. Each time you make a tree rights purchase through our application, we will send you the corresponding invoice by email. Also, MyOwnTree NGO will keep a copy of each invoice. In addition the User will receive a MyOwnTree member certificate.

5.10. It is also possible to purchase tree rights through other suppliers, such as Kickstarter or Indiegogo. In these cases, the platform will be in charge of processing the payment and generating the corresponding invoice. However, you will find the trees in your MyOwnTree.org account and will receive the MyOwnTree member certificate by email.

5.11. The Euro (€) is the currency used by MyOwnTree.org. However, the payment is always made in Euro and the intermediary bank will be the one who makes the final change to be used in the sale transaction. MyOwnTree NGO reserves the right to change its currency to another currency at any time, although such change will not affect the transactions actually carried out.

c) Account closure and cancellation

5.12. You can close your account form the MyOwnTree.org application at any time by sending us a message to the following e-mail address contact[at]myowntree.org. Upon closing the account, we will cancel all pending transactions and revoke the tree rights that as a User you have acquired. Also, we will delete all your personal data. In case you are a legal representative of a deceased account holder, incapacitated, or in any other circumstance regarding which you need particular information, you can contact us through the address: contact[at]myowntree.org. MyOwnTree NGO reserves the right to close accounts that have been inactive for more than 10 years.

5.13. In the event that MyOwnTree.org or any of its employees notice abnormal behaviour by a User or evidence of non-compliance with these Terms and Conditions, as a User you accept and acknowledge that we may request the sending of particular information on the said question and initiate, either directly or through the competent authorities, according to each case stipulated the law applicable to MyOwnTree NGO, the corresponding investigation. Also, you agree that MyOwnTree NGO may suspend or limit your access to your account or services during the course of such an investigation, notifying you in writing and, if applicable, informing you in the notification of the ways in which you can restore the account to its complete functioning.

5.14. The closure of an account with the intention of avoiding an investigation does not mean that it is avoided, so for the duration of the same MyOwnTree NGO is able to block the activity and funds corresponding to it, if applicable, for a maximum of 90 days for the sole purpose of protecting MyOwnTree NGO or third parties against cancellations, charges, fraud, claims, fees, penalties etc. that can be raised.

5.15. MyOwnTree reserves the right to revoke the trees rights, revoke the MyOwnTree member status and cancels the User account in case of violation of the provisions of these Terms and Conditions, their updates or any other documents and notifications issued by MyOwnTree NGO and binding Users, as well as to take any legal action that may be relevant. Likewise, MyOwnTree.org reserves the right to prohibit the use of the application in the future and the creation of a new account.

5.16. In the case contemplated in the previous paragraph, MyOwnTree NGO, when feasible, will inform the User of the reasons for the cancellation of the account and revocation of their rights, and will reimburse the corresponding funds according to the responsibility incurred, their trees rights and other provisions set forth in these Terms and Conditions.

d) MyOwnTree NGO obligations

5.17. As owner or concessionaire of the lands, as indicated in section 4 of these Terms and Conditions, MyOwnTree NGO agrees to:

a) Search, purchase and refurbish reforested lands, whether for reforestation or protection of existing forests.

b) The planning and execution of the reforestation, as well as their correct periodic follow-up to take corrective actions in case it is necessary. The planning includes specific actions for checking and replenishment in the first years of reforestation. Each MyOwnTree NGO has its own succession plan that is attached by link in the table included in section 4 of these Terms and Conditions and is also published on the application, and social networks of MyOwnTree.org. In case you need any information about any particular aspect, you can contact us at: contact[at]myowntree.org.

c) Maintain or establish the necessary agreements with third-party owners to ensure the maintenance of MyOwnTree NGO forests under the conditions necessary to ensure the success of reforestation, maintain forest health, maximize carbon sequestration and comply with the applicable legal standards in each location.

d) Calculate and estimate the amount of CO2 captured in each case by MyOwnTree NGO forests, using the most reliable CO2 capture models possible; as well as their periodic verification to correct them if there are deviations in the capture measurements with respect to the established theoretical models. The computed captured Carbon includes all landscape elements that form part of the biomass, both on aerial and subsoil levels, including the forest soil, flora and fauna.

e) To finance and pay for the costs associated with maintenance, management and the exploitation of the Forests, or to establish the necessary agreements to guarantee them with third party owners, including the payment of taxes applicable to the land in each geographical location and the type of activity that MyOwnTree NGO develops.

f) Exploitation of the surplus that the MyOwnTree NGO forests can offer in the form of fruits, nuts, fruits, resins, honey, biomass or other natural resources, in order to meet the maintenance costs of each forest and with the commitment of always extracting the minimum necessary to cover the costs of management and maintenance and ensure optimum forest longevity and maximum carbon capture possible.

5.18 All these obligations may be properly fulfilled by MyOwnTree NGO and its personnel or by third parties contracted for this purpose, always subject to the MyOwnTree.org Terms and Conditions and the applicable legislation in each geographical location and type of MyOwnTree NGO forests.

e) Surplus

5.20. In the event that MyOwnTree NGO forests provides net benefits or surplus (an income above the maintenance cost of forests and the services associated with the operation of MyOwnTree.org), those benefits will be used for MyOwnTree NGO expansion goal. 

5.21. All harvested fruits from forests will be MyOwnTree NGO property and will be capitalize for MyOwnTree NGO expansion goal.

 

6. Right of withdrawal

6.1. As a User, you understand that MyOwnTree.org begins the provision of services immediately after you have acquired the rights to the trees in question. For the same reason, it is not possible to exercise your right of withdrawal from this moment.

 

7. User generated content

7.1. MyOwnTree NGO declines all responsibility for the opinions expressed by Users through its application or the exchange of information between Users through it, the responsibility of the disseminated manifestations belong to those who write them.

7.2. In case you detect any inappropriate behaviour by a User, please report it to the address: contact[at]myowntree.org.

 

8. Service availability

8.1. MyOwnTree.org reserves the right to interrupt access to all or part of the application at any time and without prior notice, whether for technical, security, control, maintenance, power failure or any other cause. Consequently, neither the availability nor the continuity of the application or its contents are guaranteed.

8.2. MyOwnTree.org will not be responsible in case of interruptions of service, delays, errors, malfunction of the same and, in general, other inconveniences that have their origin in causes that are beyond their control.

8.3. MyOwnTree.org is not liable, in any case, for damages and losses of any nature that could cause the unavailability of the portal, the transmission of viruses or malicious programs or harmful content, despite having adopted all technological measures to avoid it, or in the case of misuse, being the exclusive responsibility of the person that accedes to them or uses them.

 

9. Rights granted by the application

9.1. The MyOwnTree.org service and its contents are the exclusive property of MyOwnTree NGO. As a User, we grant you a limited, non-exclusive and revocable license to use the MyOwnTree.org service (the ‘License’). This License will be valid until MyOwnTree NGO cancels it or until you decide to stop being a MyOwnTree.org User.

9.2. As a User, you declare and accept that you will use the service for personal, non-commercial purposes and that you will not redistribute or transfer the service or its content to third parties.

9.3. MyOwnTree.org software applications and all of their content are granted to Users by License, they are not sold, and MyOwnTree NGO retains ownership of all copies of MyOwnTree.org software applications and their contents, even after installing them on your device, mobile, tablet or any other similar device. Except for the rights expressly granted to Users by these Terms and Conditions, MyOwnTree NGO does not grant you rights, titles or interests in the MyOwnTree.org service or its contents.

9.4. The MyOwnTree.org service is integrated with third party applications and services (hereinafter ‘Third Party Applications’) to provide content, services or enable functionality within the application. These third party applications may have their own Terms and Conditions of Use and Privacy Policies, and the use of such applications and / or services will be governed by those Terms and Conditions and Privacy Policies and will be subject to them. As a User, you understand and agree that MyOwnTree NGO does not endorse or hold responsibility for the behaviour, characteristics or contents of the Third Party Applications or any transactions that you may make with the Supplier of that Application.

 

10. MyOwnTree.org rights regarding application operation

10.1. As a User and to allow the correct operation of the application in accordance with the Terms and Conditions, MyOwnTree.org is authorized:

a) To use the browser resources of the device on which the application is displayed.

b) To treat your data and information as established in our Privacy Policy;

c) To offer advertising and other information related to the service of MyOwnTree.org.

 

11. Written communication

11.1. The applicable regulations require that part of the information or communications sent to you are in writing. As a User of this application, you agree that most of these communications are electronic, through direct contact with you by email or by providing the information through notifications in this application, phone calls or text messages (SMS) to your phone or device. For contractual purposes, you consent as a User to use this electronic means of communication and acknowledge that all contracts, notification, information and other communications sent to you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

11.2 The notifications and communications issued shall be considered as received by the User within 24 hours of its issuance, except in the case of e-mails, which shall be deemed to have been received upon reception of a receipt or within 72 hours of its reception. In case you wish to receive these Terms and Conditions or any other information about MyOwnTree.org's services in writing, or in a format that allows them to be stored and reproduced (if this is not the format in which they have been provided), you may request it at the following address: contact[at]myowntree.org. As a User, you acknowledge and accept that the expenses associated with printing and sending the written documentation in paper format, when previously available in digital format, may be passed on to the User who requests it.

11.3 The MyOwnTree.org communication language is English.

 

12. Notifications

12.1. The notifications that you send us should be sent to the addresses that we have provided on our application and in these Terms and Conditions.

12.2. In accordance with the provisions of these Terms and Conditions and unless otherwise stated, we may send communications to your email address, telephone number or postal address (provided at the time of registering) to process your requests during the use of the application, i.e.: registration, orders and purchases, and/ or requests for information. It will be understood that the notifications have been received and have been correctly made the moment they are posted in our application, 24 hours after an email or text message has been sent to the telephone number, or three days after date of postage of any letter. In order to prove that the notification has been made, it will suffice to prove, in the case of a letter, that it had the correct address, was properly sealed and that it was properly delivered in mails or in a mailbox and, in the case of an email, that it was sent to the email address specified by the recipient.

 

13. Assignment of rights and obligations

13.1. The contract is binding for both you and us, as well as for our respective successors, co-signers and assignees. You may not transfer, assign, encumber or otherwise transfer a contract or any rights or obligations arising therefrom, without obtaining our prior written consent.

13.2. We may transfer, assign, tax, subcontract or otherwise transfer a contract or any rights or obligations arising from it, at any time during its term.

 

14. Cause of Force Majeure

14.1. We will not be responsible for any breach or delay in the performance of any of the obligations assumed, when it is due to any type of act, event, lack of exercise, omission or accident that are beyond our reasonable control ('Cause of Force Majeure').

14.2. It will be understood that the obligations will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfill those obligations for a period of time equal to the duration of the Cause of Force Majeure. We will use all reasonable means to terminate the Cause of Force Majeure or to find a solution that will enable us to fulfill our obligations despite the Cause of Force Majeure.

14.3 As a User, you understand and accept that MyOwnTree NGO does not assume any responsibility towards Users for the damages and/ or administrative or economic costs caused to the MyOwnTree NGO as a result of causes of Force Majeure. Included are causes or circumstances and uncontrollable conditions such as climatic changes, droughts, fires, pests, malicious actions of third parties, war, political or social conflicts, expropriations, or legislative changes that make it impossible to continue MyOwnTree.org project.

14.4 In the event that there is a Force Majeure event that supposes that reforestation can’t continue to be carried out, Users may choose to close their MyOwnTree.org account or keep their trees rights by providing the proportional amount that covers the repair or reforestation of the MyOwnTree NGO, which will be indicated in each case.

 

15. Disclaimer

15.1. Failure by us to strictly comply with any of the obligations assumed by us under the Terms and Conditions of MyOwnTree.org or lack of exercise by us of the rights or actions that may correspond to us by virtue of said Terms and Conditions, shall not give rise to any waiver or limitation in relation to said rights or actions nor will it exempt you from complying with such obligations.

15.2. No waiver by us of a specific right or action will result in a waiver of other rights or actions derived from the Terms and Conditions. No waiver by us to any of the clauses of the Terms and Conditions or the rights or actions derived therefrom shall take effect, unless it is expressly stated that it is a waiver and is formalized and communicated to you in writing in accordance with the provisions in the section of notifications above.

 

16. Partial nullity

16.1. If any of the Terms and Conditions, or clauses thereof, is declared null and void by a final decision issued by a competent authority, the remaining Terms and Conditions shall remain in force, without being affected by said declaration of nullity.

 

17. Full agreement

17.1. The Terms and Conditions, and any document referred to expressly herein, constitute the entire agreement between the Users and MyOwnTree.org in relation to the purpose thereof and supersede any other agreement, accord or promise agreed between you and MyOwnTree NGO either verbally or in writing.

17.2. You, as a User, and MyOwnTree NGO, acknowledge that you have consented to enter into a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before, except as expressly mentioned in the Terms and Conditions

17.3. Neither the Users nor us will have action against any uncertain statement made by the other party, verbal or written, prior to the date of a contract (unless such a statement was made uncertain fraudulently) and the only action that the other party will be is breach of contract in accordance with the provisions of the Terms and Conditions.

 

18. Right of modification of Terms and Conditions

18.1. MyOwnTree NGO will have the right to review and modify the Terms and Conditions at any time.

18.2. As a consumer, you are subject to the Terms and Conditions in effect at the time you use the application or make each order, except that by law or decision of government agencies we must make retroactive changes in these Terms and Conditions, in which case, the possible changes will also affect orders that you have previously made.

 

19. Governing law and jurisdiction

19.1. The use of our application and the purchase contracts of products through said application will be governed by Romanian legislation. Any controversy that arises or relates to the use of the application will be submitted to the non-exclusive jurisdiction of the Courts and Tribunals of the municipality where the registered office of MyOwnTree NGO is located, unless the regulations in force or the code of conduct establish a different form.

19.2. You can also access the European alternative dispute resolution system online through the following link: Online Dispute Resolution of the European Commission.

19.3. If you are contracting as a consumer, nothing in this clause will affect the rights recognized by current legislation.

19.4. These terms of service are a translation from the original document.

Given that MyOwnTree NGO has its legal corporate headquarters in Romania, any dispute will take into consideration the original version, written in English and under the Romanian law.

 

Last update: 26.08.2019

 

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