Terms & ConditionsLast updated on 11th April 2022
1. Welcome to Plant-for-the-Planet
Plant-for-the-Planet Foundation (hereafter “Plant-for-the-Planet”, ”we” or “us”) is a non-profit organization having its registered office at Am Bahnhof 1, Uffing am Staffelsee, 82449 Uffing, Germany. The Plant-for-the-Planet Foundation is a legally capable foundation under civil law with recognition by the Government of Oberbayern through a foundation deed dated November 11, 2011, dedicated to drive and support global reforestation, restoration and conservation efforts and empower children and youth in their fight against the climate crisis. For these purposes, Plant-for-the-Planet operates websites and apps (web and mobile) available on the following links respectively: Web: https://www1.plant-for-the-planet.org/
These websites apps are hereafter referred to as the "Platform".
The rights inferred to Plant-for-the-Planet within these Terms and Conditions are relayed by Plant-for-the-Planet to any other member of the Plant-for-the-Planet International Network of legally registered entities. The conditions of which will be set out in a separate agreement between Plant-for-the-Planet and the respective legal entity.
2. About the Terms and Conditions
- Acceptance of the Terms and Conditions creates a binding legal agreement between you, whether personally or on behalf of an entity, and Plant-for-the-Planet by which you agree to use the Platform only in a way that is consistent with these Terms and Conditions. You agree that by accessing the Platform, you have read, understood, and agreed to be bound by all of these Terms and Conditions.
- We may amend the Terms and Conditions without prior notice. When we do, we will let you know by posting the updated versions of the Terms and Conditions on the Platform.
- The use of certain functionalities of the Platform might be subject to particular conditions (the "Particular Conditions") that, as the case might be, substitute, supplement and/or modify the Terms and Conditions. As a result, you should read and accept such particular conditions before using any such functionalities.
- All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Platform. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Platform.
3. What can you do on our Platform?
- Plant-for-the-Planet Platform allows individuals, institutions, and companies (hereafter “you”, collectively “Users”) to make donations in accordance with Plant-for-the-Planet's mission, including support restoration, reforestation, and conservation activities of a selected panel of restoration and conservation projects (hereafter referred to as "Projects"), which are tax-deductible in certain countries, and non-tax-deductible payments for the purchase of goods and services through the Plant-for-the-Planet Service GmbH.
- Users can use a wide range of Plant-for-the-Planet products. The functionalities available on the Platform enable Users to visualize the positive effect of their payments and further support Plant-for-the-Planet’s mission by spreading the word to a larger audience.
- Donations and payments made by users of the Plant-for-the-Planet Platform are non-refundable unless otherwise determined by Plant-for-the-Planet. Recurring payments can be canceled or paused by visiting the Profile at least 1 business day prior to the renewal date, or by contacting Plant-for-the-Planet Support in writing, at least 3 business days prior to the renewal date.
4. User Accounts
- You can browse the Platform and make donations without registering for an account. However, to use some of the Platform functionalities you will need to register and create a user account by providing your full name and your email and by setting a password.
- Your user account is personal, non-assignable, and non-transferable. You should take all required steps to prevent the knowledge, access, or use of your password by third parties, and you are responsible for keeping your password confidential and for all the activity on your account. If you know or suspect that your password has been accessed or used by third parties, you should make us aware of such circumstances as soon as possible and change your password.
- The information you provide in the registration process must be true and accurate and it is your responsibility to keep it up to date. You will be solely responsible for all false and misleading information, as well as for any harms or damages that might result from your provision of false or misleading information.
- Users can register trees they have planted themselves on the Platform. Tree registrations on the platform are counted based on self-reporting and a trust-based system. When registering trees, Users have to provide information regarding the planting date, location, number, and species of the planted trees. When registering a large number of trees, Users may be asked to provide supporting documents or information to verify the registration.
5. Prohibited Activities
- You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
- As a user of the Platform, you agree not to:
- Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission or authorized credentials from us.
- Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Platform to advertise or offer to sell goods and services.
- Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform and/or the content contained therein.
- Engage in unauthorized framing of or linking to the Platform.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
- Attempt to impersonate another user or person or use the username of another user.
- Use any information obtained from the Platform in order to harass, abuse, or harm another person.
- Use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the content for any revenue-generating endeavor or commercial enterprise without our express prior written permission.
- Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you or spread hate speech.
- Delete the copyright or other proprietary rights notice from any content.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
- Use the Platform in a manner inconsistent with any applicable laws or regulations.
- Use the Platform to publish or transmit any content that is violent, obscene, abusive, illegal, racist, xenophobic, defamatory or would be considered hate speech following the United Nation’s Strategy And Plan Of Action On Hate Speech.
- Use the Platform to publish or transmit any content which appears to incite or stir up hatred against particular individuals, people, religions, or cultures.
- Only non-commercial use of the Platform is authorized
- The contents of the Platform may not be exploited, reproduced, distributed, modified, published, assigned, transformed, or otherwise used for any commercial purpose unless Plant-for-the-Planet has expressly agreed otherwise in writing.
- Users can register either as a Restoration Organization, an Organization or as an Individual. Individual profiles are strictly for individuals and Organization profiles are strictly for actual companies and organizations. Any use of an Individual profile for commercial use is strictly forbidden. Companies may use their Organization profile as described in section “Corporate Partnerships” of this Terms and Conditions. You must not actively market, advertise or communicate with other Plant-for-the-Planet Users for commercial purposes, including through a private messaging tool. You must not introduce or suggest commercial or non-for-profit products or services.
6. Corporate Partnerships
- Notwithstanding the foregoing, companies can use the Platform strictly and solely under the provisions of the respective agreement between Plant-for-the-Planet and the company. In case the company does not have an agreement with Plant-for-the-Planet or our express written consent, a company may not use the Platform for commercial ends.
7. How Projects work
- Non-profit organizations can register their Projects on the Platform to transparently show their activities and can also open their projects to receive funding.
- When you choose to support a Project that is open to receive funding, you can make a payment to Plant-for-the-Planet and receive a donation receipt, if applicable. We process your contribution and pass it to 100% on to the Project chosen by you. Plant-for-the-Planet takes no commission of the donations. Only transaction fees by third-party payment providers are borne by the organizations operating the Project.
- You do not gain any rights of ownership to any of the areas restored or trees planted through our Platform, nor to the use, disposition, or possession thereof.
8. Additional Terms for Project Owners
- Plant-for-the-Planet works with a selected panel of Projects owned by independent non-profit organizations (hereafter referred to as “Project Owners”). As a Project Owner, you may open a specific User account enabling you to use the functionalities available on the Platform. In order to do so, you must respect every obligation mentioned in these Terms and Conditions.
- A Project Owner can create several Projects on the Platform free of charge. Qualified restoration projects that continuously meet Plant-for-the-Planet's minimum standards can choose to accept funding/payments on the Platform.
- Plant-for-the-Planet collects these funds and, if applicable, issues a donation receipt to the donor. The collected funds will be paid out to the respective Project Owner according to a mutually agreed-upon schedule, at least once a year. The payout can be withheld in cases where the funding volume exceeds the declared and/or apparent capacity of a project to implement that funding within 24 months. In these cases, the funding can be re-allocated to another project that has the capacity to implement the funding volume and is ideally similar to the originally chosen project in terms of price range and location. Payouts can further be withheld in cases where there are reasonable grounds for suspecting that quality and/or transparency standards are not fully met.
- Plant-for-the-Planet takes no commission on the donations. Only transaction fees by third-party payment providers are to be borne by the Project Owners.
- By creating a Project, you automatically become its administrator (the “Project Owner”). As a Project Owner, you confirm you are the owner and technical operator, of the Project described in your account on the Platform or that you have the rights to operate the Project and that its owner is aware of and agrees with your use of our Platform and the present Terms and Conditions.
- A Project Owner ensures that the donations are only used for the activities indicated on the Platform and according to the conditions (e.g. cost per tree) declared on the Platform. The restoration activities have to be carried out on the indicated location of the selected project on the Platform. The received funds have to be implemented within 24 months of the receipt.
- A Project Owner is responsible for the maintenance and monitoring of the restored areas and has to regularly - at least once a year - report to Plant-for-the-Planet regarding their activities that were funded via the Platform. In the report, the Project needs to confirm that the funds were used for the intended purpose and outline when, where, and how the restoration activities were carried out. Plant-for-the-Planet provides a template for this report.
- Plant-for-the-Planet offers a free-of-charge monitoring tool - the TreeMapper - to all tree planting projects. The tracking with TreeMapper of all via the Platform funded activities substitutes part of the above-mentioned report.
- A Project Owner agrees to provide the exact geolocation of the restoration area(s) firstly in form of GPS coordinates and secondly as a polygon (file: KML, Shapefile, GeoJson).
- A Project Owner agrees upon reasonable notice to occasional on-site visits by volunteer academics or forest experts for project reviews.
- At any time, a Project Owner can decide to close a Project, whether completed or not. However, the Project Owner agrees to ensure that the activities funded through the Platform are carried out and to provide a report at the latest 24 months after the closure of the Project on the Platform.
- In case of misuse of funds, other breaches of these Terms and Conditions, or indications thereof, Plant-for-the-Planet reserves the right to initiate case management proceedings and to examine and, if necessary, terminate the cooperation as outlined in Plant-for-the-Planet's crisis response protocol**.**
- A Project Owner agrees and ensures to not contact a third party by default and only when requested. This also covers the issuance of donation receipts. Donation receipts will be issued by members of Plant-for-the-Planet's International Network of legally registered entities.
- By using the Platform, Project Owners acknowledge and agree that there is no minimum amount of funds guaranteed by registering on the Platform. The decision if and in how far Users support Projects is solely up to themselves and Plant-for-the-Planet does not take any responsibility for the amount of funding generating via the Platform.
9. Terms for PlanetCash (formerly TreeCash)
- PlanetCash is a non-earmarked payment to support activities in accordance with Plant-for-the-Planet's mission, including the support of restoration, reforestation, and conservation initiatives. This allows Users to make a payment and then dedicate the funding to one or several projects at one or more later points of time. This can either be done manually or automatically via API integration.
- The donation receipt (if applicable) is issued when the initial payment is made.
- PlanetCash is non-refundable.
- PlanetCash cannot be held for an unlimited time and has to be used up within six months. Otherwise, the payment will be earmarked to support the projects on the platform.
10. Your intellectual property rights and related obligations
- You are the owner of the materials (including but not limited to pictures, ideas, comments, questions and data) that you have submitted to or posted on the Platform or you have been granted the respective rights from the respective owners to use them for any reasons including, but not limited to, posting them on the Site, and that the respective owners are fully aware and have agreed to the Terms and Conditions for their respective materials.
- You are fully responsible for the materials that you have submitted to the Platform and accept all legal responsibilities for any consequences thereof. Plant-for-the-Planet makes no representation or warranty, either expressed or implied, of any kind concerning the materials posted on the Platform. Any materials that you or any other user post on the Platform or pass through the Platform for whatever reasons (including using the Platform as means of transmission) will be treated as non-confidential.
- You accept and agree that, as a condition of using the Platform, you have agreed to let Plant-for-the-Planet and its affiliates freely use (including, but not limited to copying, displaying, distributing, transmitting, and modifying) the materials (including but not limited to pictures, comments, questions, ideas, and data) posted on the Platform, without any compensation, for any purposes that will help Plant-for-the-Planet to fulfill its mission.
- We reserve the right to delete any materials deemed inappropriate or for whatsoever reasons without any notice. Plant-for-the-Planet is not responsible or liable for any loss of data as a result of this action.
- How we deal with copyright infringements
- If you believe that the copyright of your pictures or other materials has been infringed, you should provide Plant-for-the-Planet the following through email:
- Your physical or electronic signature or that of the person authorized to act on your behalf;
- Description and location (on the Platform) of the copyrighted material that you believe has been infringed;
- Your address, email address, telephone number, and other relevant contact information;
- A statement, made under penalty of perjury, that the information provided to Plant-for-the-Planet is accurate and that you are the copyright owner or authorized to act on his or her behalf;
- A statement that you have a good faith belief that the disputed use is illegal and not authorized by you and/or the copyright owner and/or its agent, as the case might be.
- We will review and investigate the complaint and will reply in the shortest period of time possible. We don’t guarantee any specific and fixed time frame as to when we reply to the complaints received. If you believe that an excessive period of time has elapsed, you should resend the above information. In the unfortunate and unlikely event that the complaint has been lost, we might ask you to resend the information provided for the copyright infringement complaint.
- After reviewing the complaint, it is possible that you may be asked for a physical copy of the above information in addition to an official physical letter signed by you or the person authorized to act on your behalf. A copy of relevant electronic documents might be sent to the person whom the User or Plant-for-the-Planet believes to be infringing the copyright of the respective materials.
- If we believe that your complaint is justified, we will then suppress access to the litigious content. However, the person at the origin of the alleged infringement shall be given an opportunity to respond to such notification in case he believes the litigious content is not infringing any third-party rights. The definitive suppression of /or the restoring of the litigious content shall be decided by Plant-for-the-Planet based on the elements provided by the parties involved.
- If you believe that the copyright of your pictures or other materials has been infringed, you should provide Plant-for-the-Planet the following through email:
11. Plant-for-the-Planet’s intellectual property
- Plant-for-the-Planet expressly reserves all intellectual and industrial property rights, and the Platform and its content are protected by all relevant laws governing intellectual property. Plant-for-the-Planet retains all rights available under German law (and any other applicable law) with regard to the source code, graphic design(s), images, photographs, sounds, animated material, software, texts, domain names, trademarks, brands, logos, and any and all other information and content of whatever form or nature contained within and throughout the Platform, except to the extent specifically stated otherwise in these Terms and Conditions.
- Nothing on the Platform can be exploited, reproduced, distributed, modified, republished, assigned, or transformed without the Plant-for-the-Planet’s express written approval unless Plant-for-the-Planet has otherwise recognized your intellectual property rights with regard to the content or otherwise expressed its intention in writing to deviate from this general rule. Access to the Platform does not grant you any right or title to any of the intellectual property contained on the Platform or to any of its contents, except to the extent stated otherwise in these Terms and Conditions.
- Plant-for-the-Planet will monitor the Platform and protect all of its intellectual and industrial property rights diligently and with all appropriate resources available to it under German law, reserving the right to pursue any and all available legal options.
- We may modify, at our absolute discretion, the contents of the Platform, including its configuration and presentation, without any prior notice.
12. Limitations of Responsibility and Liability
- Plant-for-the-Planet is not responsible for any harms or losses that might result from the content provided by the Users of this Platform. We don’t assume any duty, obligation or responsibility with regard to monitoring or verifying the information provided on the Platform by the Users.
- You are fully responsible for your use of the Platform. Plant-for-the-Planet, its affiliates and/or any other party involved in creating or delivering the Platform do not claim any responsibility or liability for any direct, indirect, consequential, incidental or punitive damages of any kind arising out of your use of, access to, ability or inability to use the Platform.
- Plant-for-the-Planet is not responsible for any content of any sites that are linked to, or from the Platform. Plant-for-the-Planet disclaims all warranties, either expressed or implied, as to the legality and validity of the contents of such sites. We are not responsible or liable for any harms or losses that arise as a result of such sites.
- Plant-for-the-Planet makes its best effort to ensure that only high-quality Projects are part of the Platform and that the Projects fulfill their responsibilities towards this Platform and its Users. However, Plant-for-the-Planet has no control over these independent organizations and can take no responsibility in case of any misrepresentation, misuse of funds or similar incidents. Additionally, restoration and reforestation take place in natural environments that cannot be fully controlled, neither by Plant-for-the-Planet nor by the Project Owners. Force majeure, e.g. in the form of natural disasters, are beyond the control of any involved parties and can prevent, damage or destroy restoration efforts despite all risk avoidance and management efforts. Plant-for-the-Planet recommends all projects to include the cost of monitoring and replacement within the funds raised on the platform that can work as a reserve in case of damage through Force majeure. Plant-for-the-Planet thus cannot take responsibility for the restoration success of any Project.
13. Data Processing when opening a user account and deleting your account
- All provisions of our Terms and Conditions will survive termination of an account which include but are not limited to our rights regarding the content you posted on the Platform. If you registered and published a Project that has received donations, the Project and its content cannot be deleted from the Platform as this is considered public information and is bound to our duty towards our Users.
14. Our rights
- Plant-for-the-Planet reserves the right to terminate or restrict the Platform access of any User and to terminate or restrict any Projects for any reason in its sole discretion. We are not responsible or liable for any damages- including loss of data- as a result of the termination of access or Projects.
- Plant-for-the-Planet reserves the right to close the Platform or restrict access to any content or products of the Platform at any time for any reason, with or without notice. Plant-for-the-Planet will not be responsible and liable for any damages or losses, including but not limited to direct, indirect, consequential, incidental, or punitive damages and losses that arise as a result of such action.
15. Mobile Application License
- Use License: If you access the Platform via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions. You shall not:
- decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
- make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
- violate any applicable laws, rules, or regulations in connection with your access or use of the application;
- remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
- use the application for any revenue-generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended;
- make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
- use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
- use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
- use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
- Apple and Android Devices: The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Platform:
- the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
- we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
- in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
- you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and
- you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.
16. General information about us
- Secretariat: Am Bahnhof 1, 82449 Uffing am Staffelsee, Germany
- E-mail: email@example.com
- Telephone: +49 8808 9345
17. Governing Law
These Terms and Conditions will be governed by the laws of Germany. All disputes arising out of or related to these Terms and Conditions will be subject to the exclusive jurisdiction of the courts located in Munich.
- You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Platform; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Platform with whom you connected via the Platform.
- Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
19. Warranty Disclaimer
The Plant-for-the-Planet applications distributed as open-source are released under separate Open Source licenses. These programs are distributed in the hope that they will be useful but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License or relevant licenses in the codebase of the application for more details.
THIS SITE IS AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.