Nutzungsbedingungen
This platform is operated by Stichting Life Terra, a Foundation based in the Netherlands. Throughout the platform, the terms “we”, “us” and “our” refer to Stichting Life Terra. Stichting Life Terra offers this platform, including all information, tools and services available from this platform to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. If you do not agree to all the terms and conditions of this agreement, then you may not access the platform or use any of its services.
Any new features or tools which are added to the platform shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page.
Intellectual property use
Stichting Life Terra expressly reserves all intellectual and industrial property rights, and the platform and its content are protected by all relevant laws governing intellectual property. Stichting Life Terra retains all rights available under Dutch 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 of Use.
Nothing on the platform can be exploited, reproduced, distributed, modified, republished, assigned or transformed without the Stichting Life Terra’s express written approval, unless Stichting Life Terra 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 of Use.
Stichting Life Terra will monitor the platform and protect all of its intellectual and industrial property rights diligently and with all appropriate resources available to it under Dutch law, reserving the right to pursue any and all available legal options.
Participating in an event (if applicable)
In order to use our “tag your tree” feature and/or to participate in a planting event organized by Stichting Life Terra or one of our partners, all users and their dependents (if under majority age) agree to the safety guidelines and liability waivers below.
Safety Guidelines & Recommendations
Planting and tagging with Stichting Life Terra as well as with our affiliate planting partners is a wonderful way to give back to the community, enjoy nature, learn and take action against the climate crisis. We need every one to be aware of the risks involved in tree planting and the steps you can take to prevent injury.
Be aware of your surroundings at all times. Listen and look for moving vehicles, machines and other heavy equipment. Watch out for fellow volunteers who may be carrying heavy items or tools. Give right of way to those moving heavier loads. If heavy equipment is present, you must stay a minimum of 5 metres from the machine and do not pass the circumference of it without clear acknowledgement from the operator or a safety coordinator.
Watch your step. Planting sites often have holes dug in the ground. Step carefully looking for landscaping materials such as shovels, buckets, rakes, stakes and other loose items around the tree planting site. You do not want to inadvertently step on or in anything that may cause falls or cuts. Running on a planting site is not permitted.
Lift with your legs. Do not lift weight beyond your comfort level. Wheelbarrows, buckets, shovels, pitchforks, bags, buckets, trees and other planting items can exceed 20 kg when loaded. Take caution to gauge what you are comfortable moving by hand.
Hydrate. Activities typically take place outdoors. You are in principle responsible for your own drinking water supply. Please drink an appropriate amount of fluids when exerting yourself on planting sites.
Monitor for biting and stinging insects. Bees, wasps, ants and other bugs live outdoors and will protect their habitats or bite for food. Be on the lookout for those habitats and biting bugs. If you have a sensitivity to stings, be prepared with adequate sprays and any medicines needed for allergic reactions.
Wear proper attire. Closed toes shoes are required. Boots are encouraged. Pants, gloves, long sleeves and hats are encouraged. Protect yourself from common hazards such as thorns, blisters, splinters, sunburn and abrasions.
Be careful handling landscaping tools and be mindful of those around you. Do not have your hands down near shovels or other sharp tools. Do not dig where hands are at ground level. Tools should be carried with their sharp ends pointing down at all times. Do not leave your assigned tools unattended. Tools must be returned to the supply piles when you are done with them.
Do not climb or stand on top of equipment or delivered piles. This includes wheelbarrows, tanks, trucks, heavy machinery, temporary stages, buckets, soil, mulch or any other elevations that could put you at risk of a fall or cause damage to the materials.
Have fun while being safe. Paying attention to your surroundings and the movement of others is the best way to ensure the event goes smoothly and without incident. We sincerely appreciate you volunteering with us and are excited to have you at the scheduled event.
Release of Liability
In order to participate in activities with Stichting Life Terra or on behalf of the Organization through our affiliate event hosts, and all related activities, including any activities incidental to such participation (“Volunteer Activities”), the Volunteer or Parent/Legal Guardian of Volunteer if Volunteer is under majority age (hereafter referred to using “I”, “me”, or “my”) releases and agrees not to sue the Organization, its Officers, Directors, Employees, Subcontractors, Sponsors, Agents and Affiliates (“the Organization”) from all present and future claims that may be made by me, my family, estate, heirs, or assigns for property damage, personal injury, or wrongful death arising as a result of my participation in the Volunteer Activities wherever, whenever, or however such an incident may occur.
I understand and agree that the Organization is not responsible for any injury or property damage arising from the Volunteer Activities, even if caused by ordinary negligence or otherwise.
I understand that participation in the Volunteer Activities carries certain risks, including, but not limited to, serious injury or death. I am voluntarily participating in the Volunteer Activities with knowledge of the danger involved and I agree to accept all risks of my participation.
I also agree to indemnify and hold harmless the Organization for all claims arising out of my participation in the Volunteer Activities.
I understand that this document is intended to be as broad and inclusive as permitted by the laws of the Netherlands and any other EU country where Volunteer Activities may take place and agree that if any portion of this Agreement is invalid, the remainder will continue in full legal force and effect.
Stichting Life Terra has arranged for a Collective accidents insurance (policy number 5658 43468 at Claeren Insurance in the Netherlands) with in principle EU coverage for volunteers. However, I acknowledge the Organization’s insurance might not apply for my benefit or that of the Volunteer (if Volunteer is under 18), my parents, guardians, trustees, heirs, executors, administrators, successors and assigns. I represent that, to my knowledge, I am in good health and suffer no physical impairment that would or should prevent my participation in Volunteer Activities.
Publicity Release
I hereby grant the Organization, and its subsidiaries, affiliates, agents, advertising or promotional agencies, and partners, and all such entities’ officers, directors, agents, employees, respective successors and assigns (collectively, “Authorized Parties”), the rights to publish recorded photos or videos of me or that of the minor I am legal guardian of, for use in any media, including but not limited to photographs, video recordings, audiotapes, digital images, media coverage, videos, websites, and any other promotional or educational materials compiled by or on behalf of the Stichting Life Terra. Usage is given in perpetuity, in any and all media now known or hereafter devised, without additional compensation. I further agree that anything derived therefrom will be copyright material of the Organization. (Volunteers can be given access to Volunteer Activity event photos which can be made available upon request). In case you consider a particular photo or video to be deemed inappropriate or clearly violating rules of privacy, particularly in the case where minors are visible, do not hesitate to contact us at support@lifeterra.eu so we can review the case and take the most appropriate action.
Adopt or gift a tree (if applicable)
The user of the platform (whether it is an individual, a company, an institution, etc.) may request to plant, within the areas Stichting Life Terra or partners have agreements with, one or more trees on its behalf or on behalf of third parties; in the first case, the service is generically referred to as “adopt a tree(s)”, while in the second case, it is referred to as “gift a tree(s)”, where a third party is the recipient of the tree.
Stichting Life Terra accounts for itself and for third parties to implement the planting requested by the user. The planting is performed within the planting areas Stichting Life Terra or partners have agreements with located throughout the world. These projects can be executed by volunteers, planting companies and/or local farmers, who carry out the planting of new trees as a result of the economical contribution of the users of the platform.
Since the object of the transaction consists of a donation, the user will not physically receive anything arboreal; in fact, the trees are exclusively planted on the land approved and supported by Stichting Life Terra, but not in land(s) available to the user. As a result, the user cannot boast nor claim any ownership rights over neither the trees requested to plant, nor any product (nuts, fruits, timber, etc.) produced by the trees.
We plant trees in order for them to grow and thrive. Nevertheless, planting trees is not an exact science and it is natural that part of the trees planted will not achieve a mature state. Additionally, there are some factors that can escape our control – which include but are not limited to climatic conditions, animal browsing, droughts, fires, human influence, or, any act of force majeure. Stichting Life Terra works together with landowners, partners and specialists to select the most suitable species for every land, use the most appropriate tree planting techniques and maintain them with sustainable forest management practices, however we cannot accept any form of liability for trees that do not survive. In exceptional cases, if we are informed of high mortality rates unexpected for the area, we will try to replant part of the trees to compensate for the losses.
Planting trees with Life Terra is about making part of a community with a mission to Plant Trees. Grow Forests. Restore Earth. Therefore even the trees that did not thrive contribute to our end goal of restoring Earth.
Delivery Policy
The transaction shall be considered completed when Stichting Life Terra receives, from the user, the request for adoption. Stichting Life Terra will promptly send to the user a notification for having received the adoption order. Therefore, the donor agrees to its immediate execution, meaning Stichting Life Terra may assign a tree(s) to the user if there are planted trees available or may proceed, even immediately, with the planting of new trees (the user will be notified when their tree(s) is planted and assigned to their account). Stichting Life Terra reserves the right to plant the requested trees in a convenient time frame, respecting planting seasons, seedlings, and land availability.
Stichting Life Terra always does its absolute best to accommodate our user’s wishes, but in some cases, trees might eventually be planted in another country than originally chosen by the donor. Stichting Life Terra works with international donors who sometimes co-fund particular planting projects, for example by supporting the purchase of the seedlings. In those cases, the support can be mentioned on the Event page or in other parts of our website. Stichting Life Terra is also financially supported by the Life Program of the European Union where in particular our technological, communication and educational activities are co-funded. The User acknowledges and agrees that Stichting Life Terra might obtain additional financial support to make tree planting projects economically more viable.
Payment terms
All donations are expressed on the platform in Euros (€).
The payment is made in a lump sum at the time of the online transaction or bank transfer. The online payment system is controlled by payment provider Adyen. This platform offers several methods of payment, such as credit card (Visa and Mastercard), online banking (iDeal, Sofort) and SEPA direct debit, for more information, please access their website here.
Refund policy
Stichting Life Terra offers trees to adopt/gift in exchange for donations, where a percentage of each donation will support Stichting Life Terra’s efforts and educational activities. In all cases, when we receive your donation, we believe it was your full intention to support our efforts to fulfil our purpose “Plant Trees. Grow Forests. Restore Earth”. Because Stichting Life Terra put all donations to work quickly, we do not offer refunds on any donations made.
Subscriptions
By purchasing a subscription (monthly or annual), the user agrees to an initial and recuring subscription donation at the chosen rate proportionally to the number of trees and the country of preference. Additionally, the user accepts all recurring charges until cancel their subscription. The user may cancel their subscription at any time, subject to the terms of our termination policy.
Automatic renewal terms: Once the user subscribe, Stichting Life Terra will automatically process the user’s donation at the time of subscription and will continue to automatically process it each billing cycle at the same chosen rate until the user cancels their subscription-
Termination of subscription
Any user may cancel their subscription at any time by logging into your account, clicking in My account > View my orders history > Cancel subscription. After clicking in the button, the user should send an email to support@lifeterra.eu requesting the cancelation of their subscription. The cancellation will only take effect in maximum 15 days from the day the user requests it.
Users are not eligible for a refund of any donation made prior to day the cancelation takes effect (including annual subscriptions).
Ownership of trees/carbon
To access and follow one's tree(s) in Life Terra platform, the user must register into the Life Terra platform and have read and accepted the information on the processing of Personal Data. The user becomes a “virtual account holder” in the platform. The virtual account holder has supported the planting of the tree(s) and it is assigned the corresponding kgs of CO2 that the tree will absorb over time. Nevertheless, currently, Stichting Life Terra does not give Carbon credits, and therefore the user cannot monetise nor trade any carbon assigned in the Life Terra platform.
Regarding the “gift a tree” service, where the recipient is not yet a registered member of the Life Terra platform, the tree will be assigned only when the recipient carries out the registration process. Therefore, if the recipient never registers into the platform, the account holder of the tree(s) (and the resulting kgs of CO2) will be the user who requested the planting and carried out the payment.
Veracity/accuracy of the information
All information on this platform should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this platform is at your own risk.
This platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this platform at any time, but we have no obligation to update any information on our platform. You agree that it is your responsibility to monitor changes to our platform.
Location accuracy
The GPS location of each tree will be gathered through the user’s phone GPS system, therefore its accuracy will depend on the device used. Nowadays, the average deviation for smartphones is about 3-5 meters (in good conditions), depending on climate conditions and obstacles around. We recommend always using Google Chrome, Firefox or Safari to have a better accuracy of your location.
Species recognition
Species recognition will be done manually (participants in Life Terra planting events will be instructed on how to recognize the species being planted).
Tree growth parameters
Regarding tree growth parameters like height, vigour and CO2 absorbed, Stichting Life Terra will use tree growth models to estimate them during the first 5 years based on location, climate conditions, soil and species planted. After 5 years, trees will be monitored through satellite imagery and parameters will be updated at least every 6 months. Stichting Life Terra and its partners aim to use state of the art monitoring systems to provide the most accurate data as possible, however this data should be treated carefully considering the uncertainties inherent to the monitoring methods used.
In case of any significant deviation of the information, the user should contact Stichting Life Terra (see section 12 of the Terms of Use) requesting the verification and change of the respective information.
About your user account
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.
To use the platform, you must have reached the legal age of majority. Minors may use the platform only with the express authorization of his/her parents or legal representatives, who will assume all legal responsibility for the minor’s use of the platform.
Personal Information
Your submission of personal information through the platform is governed by our Privacy Policy.
Prohibited uses
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the platform or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service of the platform or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service of the platform or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Change of terms
We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the platform following the posting of any changes constitutes acceptance of those changes.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our platform.
Of in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Contact information & Governing Law
These Terms of Use will be governed by the laws of The Netherlands. All disputes arising out of or related to this Terms of Use will be subject to the exclusive jurisdiction of the courts located in Amsterdam.
Questions about the Terms of Use should be sent to us at:
Kastrupstraat 11D, 1043 CR Amsterdam, The Netherlands
E-mail: contact@lifeterra.eu