Last update: 2nd August, 2022
By accessing or using The Earth Foundation website, you agree to be legally bound by these Earth Foundation Terms and Conditions. Please read this document carefully. If you do not agree with one or more provisions, you should not use this website.
1.1 These Earth Foundation Terms and Conditions (the “Terms”) constitute a legally binding agreement between The Earth Foundation having a registered address at Rue Muzy 8, 1207 Genève, Switzerland, and the registration number CHE-439.560.973 (“we”, “us”, and “our”) and an individual user or an entity (“you” and “your”) accessing the website https://earth-foundation.org, the related services, and other websites controlled by us (collectively, the “Website”).
1.2 License to use the Website. We grant you a worldwide, personal, revocable, non-exclusive, non-transferable and limited license to use the Website pursuant to these Terms.
1.3 Disclaimer. Although we regularly monitor the information available on the Website, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of all information featured on the Website.
1.4 Third-party links. The Website may contain links to websites, applications, and other online sources owned and operated by third parties. We are not responsible or liable in any manner for the content of such third-party links, information, and advertisements, as well as the security and privacy practices deployed by the operators of the third-party websites. Please exercise your due diligence before clicking on any of such third-party links or advertisements.
1.5 Support. Any general requests for customer support should be addressed to us by email at firstname.lastname@example.org.
1.6 Minors. The Website should not be accessed and used by persons under the age of 16. If any minor between the age of 13 and 16 wishes to access the Website, that minor needs to get his/her parent or legal guardian to approve the access to the Website and reach out to us on the minor’s behalf. Minors below the age of 13 are not allowed to access the Website.
1.7 Privacy and other relevant terms. The documents that include important provisions regarding your use of the Website and that should be read and interpreted together with these Terms are:
When using the Website, you are required to follow our acceptable use policy outlined in this Section 2. Please be advised that we work closely with law enforcement and we report any inappropriate content that may infringe applicable laws. You are not permitted to use the Website in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
We put reasonable efforts to ensure that the Website is always accessible to you. However, the availability of the Website may be affected by factors which we cannot control, such as bandwidth problems, equipment failure, acts and omissions of third-parties, or force majeure events, including, but not limited to, acts of God; strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; shortage of supply, breakdowns, loss or malfunctions of utilities and communications or computer (software and hardware) services. We take no responsibility for the unavailability of the Website caused by such factors.
4.1 We provide the Website on an “as available”, “as is”, and “with all faults” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of the Website, any content featured on the Website, whether provided by us or by third parties, and hereby disclaim all warranties regarding the Website and its operation.
4.2 It is your sole responsibility to verify and assess the fit for the purpose of the Website prior to using it and to decide whether or not the Website fits for the intended use.
4.3 By using the Website, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
4.4 Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.
5.1 Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out of, or in connection with, your use of the Website, any content made available through the Website, whether provided by us or by third parties, any transactions concluded through the Website, or use of the Website for unauthorized or unlawful purposes. You agree not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.
5.2 This Section 5 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
You agree to indemnify, defend, and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of the Website, or your violation of any law or the rights of a third party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.
8.1 Governing law. These Terms shall be governed and construed in accordance with the laws of Switzerland (Canton of Genève), without regard to its conflicts of law provisions.
8.2 Jurisdiction. You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to the courts in Genève, Switzerland. This Section 8 does not affect any statutory rights that you are entitled to as a consumer.
9.1 Term and termination. The Terms enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by us.
9.2 Amendments. We reserve the right to modify these Terms at any time, effective upon posting of an updated version on the Website. Such amendments may be necessary due to the changes in the requirements of laws, regulations, new features of the Website, or our activities. We will send you a notification (if we have your email address) about any material amendments to the Terms that may be of importance to you. You are responsible for regularly reviewing these Terms. Your continued use of the Website after any changes shall constitute your consent to such changes. We also reserve the right to modify the services provided through the Website at any time, at our sole discretion.
9.3 Breach of the Terms. If we believe, at our sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, we reserve the right to:
9.4 Transfer of rights. You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can terminate these Terms with immediate effect by ceasing to use the Website.
9.5 Change of ownership. In the event the owner of The Earth Foundation changes due to a transfer of activities, winding-down, or similar, these Terms shall not automatically be terminated and we agree to use our best efforts to ensure that the new owner assumes and is bound by the provisions of these Terms.
9.6 Entire agreement. These Terms, together with the documents referred to therein, represent the entire agreement between you and us regarding your relationship with us and govern your use of the Website.
If you have any questions about these Terms, please contact us by using the following contact details:
The Earth Foundation
Rue Muzy 8