1. TERMS & APPLICATION
1.1. PLANA.EARTH GMBH of Rudi-Dutschke-Straße 23, 10969 Berlin, Germany (PLANA.EARTH) grants you a non-exclusive, limited and revocable licence to use and access the PLANA.EARTH website(www.plana.earth/) (www.plana.earth/) (Website) subject to these terms and conditions (Terms).
1.2. In these Terms, “we”, “us” and “our” refer to PLANA.EARTH and references to “you” and “your” is to you, the user of the Website.
1.3. The Website is dedicated to environmental causes that educate donors (Causes) and PLANA.EARTH provides the following related services (together, the Services):
(a) Promoting and raising awareness of Causes with environmental enthusiasts and those making donations for selected Cause(s) (Donors);
(b) Charities can participate in campaigns on the Website that showcase the Cause(s) (Campaigns);
(c) Charities authorise PLANA.EARTH via the Website as an agent to collect and process on behalf of the Charities donations for the Causes from Donors (Donations);
((d) PLANA.EARTH takes a small fee from the Donation (currently 5%), deducts payment processing fees and other charges, and splits balance of Donations for payment to the participating Charities (Donation Split).
11.4. These Terms could apply differently to Charities and Donors respectively where stated and specific terms and conditions may apply to Campaigns (including under a Charity Agreement between the Charity and PLANA.EARTH). For consumers, the use of the Website and the Services are free of charge.
1.6. Incorporated by reference in these Terms and the Website Terms are compliance with the terms and conditions applied by the relevant service provider to collect and process Donations and distribute the Donation Splits to the Charity. In particular, we refer to the Mangopay Terms & Conditions <https://www.mangopay.com/terms/PSP/PSP_MANGOPAY_EN.pdf>.
1.7. You agree that we may change, update or otherwise amend the Website and these Terms at our absolute discretion without restriction. The updates will be posted on our website at least 7 days before they take effect. We therefore ask you to regularly refer to the latest version of the Terms on the Website.
2. WEBSITE ONLY – PLANA.EARTH NOT A CHARITY
2.1. We provide the Website to showcase Charities and Cause(s), connect Charities, Causes and Donors.
2.2. We are an online platform only. We are not a Charity or party to any transaction between Charities and Donors. We do not accept any responsibility or legal liability whatsoever for any act or omission of the Charity or the Donor arising from or in connection with provision of Services or the activities relating to any of the Cause(s).
2.3. The Charity and Donor may enforce any of these Terms against the other party directly in respect of the use of the Website and Services.
2.4. You shall be fully responsible for any tax and other liability, deduction, contribution, assessment or claim arising from or made in connection with the Cause(s) and Campaigns. You shall indemnify us against all reasonable costs and expenses and any tax, penalty, fine or interest incurred or payable in connection with or in consequence of any such liability, deduction, contribution, assessment or claim, other than where such liability, deduction, contribution, assessment or claim arises out of our gross negligence or wilful default; is due to injury to life, body and health; or due to fraudulent intent or on the basis of a warranty.
2.5. We may assist with the resolution of any complaint or dispute relating to the Services. You acknowledge, however, that any legal recourse arising from or in connection with any Services, whether for breach of contract or otherwise, is against the Charity or Donor (as applicable) and not against us, notwithstanding anything to the contrary in these Terms or on the Website.
2.6. You must cooperate with us and comply with all reasonable requirements, including information and documents relating to use of the Website and provision of the Services.
3. ACCOUNTS & REGISTRATION
3.1. In order to access certain features on the Website, you may be required to create an account as either a Charity or Donor. You must provide a valid login name and a password (Account Information).
3.2. We may ask that you provide Account Information and access the Website via a third party account (such as Facebook), in which case you consent to our access to the third party account and the respective content; your access to the Website remains subject to compliance with the terms and conditions of the third party account and applicable privacy settings.
3.3. We will collect from you (or your third party account) information such as name, address, email address, contact number, age, as well as at least one valid payment method.
3.4. Your Account becomes active when you follow the email link to activate your Account. In the case of registration by third party account, your Account is automatically activated without receiving any email confirmation.
3.5. You are solely responsible for the use of your Account, irrespective of who is utilising it, whether with or without your permission. You must keep your Account Information secure. You agree not to give out your email with your Account Information or give access to any third party, and to take all measures to prevent a third party from accessing your Account, even without your knowledge. You indemnify us for any loss or damage we suffer as a result of unauthorised access to your Account.
3.6. You warrant and represent that all information provided to us is accurate, complete and not misleading and remains so. You must notify us of any change to such information.
3.7. Only users with full legal competency and those acting with the consent of their legal representatives are authorised for registration.
4. CHARITY & CONTENT
4.1. Each Charity is solely responsible for all content and information submitted to or communicated via the Website, including any information relating to a Cause, images, videos and other content (Charity Content).Charities warrant and represent that:
(a) all Charity Content is accurate, complete and not misleading;
(b) the Charity has unrestricted authority to use the Charity Content on the Website in accordance with these Terms without infringement of third party rights (including any design, artwork, musical works, films, videos, images, photographs, texts and other intellectual property); and
(c) the Charity grants PLANA.EARTH a non-exclusive licence to use the Charity Content on the Website and for the Causes, Campaigns and Services.
14.2. Subject to the terms of any Charity Agreement: (a) we have complete discretion whether or not to register Charities and feature Cause(s); and (b) we make no guarantees that any particular Charities or Cause(s) will be featured or available on the Website notwithstanding any marketing or promotional material to the contrary.
4.3. The Charity warrants that (a) the information provided in any Cause, Campaign or Charity description on the Website is complete, accurate and not misleading; and (b) it will have in place all insurances required under the relevant law at the appropriate level, including but not limited to public and product liability insurance.
4.4. Whilst every effort will be made by Charities to complete the Campaign in accordance with the delivery periods specified and comply with all reasonable requests relating to delivery of the Cause(s), we cannot guarantee delivery times, including where delay is caused by factors outside reasonable control.
5.1. The Donor will be guided on the Website through the steps required to complete a Donation. The Donor is responsible for all details and any errors in any Donation. To the extent permitted by law, all Donations are irrevocable, subject to cancellation or refund in accordance with these Terms.
15.2. The Charity appoints PLANA.EARTH with all necessary authority to collect and process Donations made through the Website on behalf of the Charity, and allocate the Donation Split to the Charity, in accordance with this Agreement and as specified on the Website and in the Charity Agreement. Subject to PLANA.EARTH making distribution of the Donation Split to relevant Charities, each Charity remains solely responsible for ensuring that the Donations are ultimately applied to the Cause(s). Donations can only be used in accordance with the Cause(s) stated on the Website.
5.3. The Charity must have the appropriate authorisation, permit or licence to operate as a charity, or as otherwise represented to PLANA.EARTH (including to its user on the Website), as required by the local laws of the territory in which it operates. The Charity must clearly specify: (a) where the Website cannot be used to raise money for charitable purposes, and (b) the tax status of any Donations, including (i) for the purposes of the UK government's Gift Aid scheme, and (ii) projects which are not recognised as being tax-privileged within the meaning of German tax law.
5.4. In the event of cancellation of any Campaign, Services or termination of this Agreement, subject to any law that cannot be excluded, we may reject or cancel any Donation at any time and for any reason, including if we discover an error in the specifications of the Campaign or Cause(s). We may give you the choice to vary the Donation. The Donor will be provided with email confirmation of each Donation and Charities are responsible for updates and confirming delivery of the relevant Cause(s).
5.5. We do not guarantee your Donations being eligible for any tax deduction purposes.
6. FEES & PAYMENT
6.1. Donors will be charged in full when completing a Donation. We may charge you additional fees and charges only if and as specified on the Website.
6.2. Charities will be charged applicable subscription fees and commission (as specified on the Website, unless expressly otherwise in writing or under any Charity Agreement) and administration fees as notified by us (including specification on the Website).
6.3. Payments must be made using the nominated payment service (including Mangopay) subject to applicable terms and conditions, by credit card or any other payment method specified on the Website. Surcharges may apply for certain payment methods.
6.4. Unless expressly stated otherwise, all amounts payable under this Agreement are specified exclusive of VAT, sales and other value added taxes or duties; VAT shall only be added subject to applicable mandatory laws. If any payment pursuant to this Agreement constitutes the whole or any part of the consideration for a taxable or deemed taxable supply to recipient, the supplier shall increase that payment by an amount equal to the VAT which is chargeable in respect of the taxable or deemed taxable supply, provided that the recipient shall have delivered a valid VAT invoice in respect of such VAT. You are solely responsible for your compliance with applicable tax laws.
6.5. You agree to pay any duties or taxes with respect to the Donations and indemnify us against any claim arising from failure to make such payment.
6.6. You acknowledge and accept that Donations are not considered a deposit nor client money under consumer protection and other applicable legislation.
7. CANCELLATION & REFUNDS
7.1. To the extent permitted by law, PLANA.EARTH may determine in its absolute discretion whether to refund any Donations (which shall always exclude any costs that are not reimbursed by third parties).
7.2. Following completion of any Campaign or in case of termination of the Campaign, we require Charities to use best commercial endeavours to resolve any refund requests or disputes with Donors relating to completion of the Campaign or the relevant Cause within 7 days and otherwise in accordance with applicable legislation.
7.3. Provided that the Donation Split has been paid to each Charity, we are not responsible for refunds relating to any Campaign or Causes, which remain the Charity’s responsibility in accordance with their terms and conditions. We shall not be required to refund any transaction fees or charges.
7.4. This refunds policy does not affect any of your rights at law, including under the Consumer Protection Act 1987, which cannot be excluded or limited. We note that Donors that are consumers may have a legal right to cancel any Donation within 14 days.
7.5. We are entitled to cancel a Campaign in case of serious violations of the Terms or the Charity Agreement. In this case, provision 7.1 applies.
8. CONDITIONS OF USE
8.1. You accept and acknowledge the following conditions to access and use of the Website and any Services:
(a) you are over the age of 18 (or over the age of 14 and under the supervision of a parent or legal guardian);
(b) you represent that you have capacity to form a binding contract in your jurisdiction;
(c) you have the authority to bind any business on behalf of which you use our Website;
(d) you have authority to use the payment method used;
(e) you register on the Website as a Charity or Donor;
(f) you must communicate on the Website based on genuine experience of any Charities or Cause(s);
(g) you must provide us with accurate personal and contact information and not share your personal information with other users;
(h) you will only represent yourself and will not create false aliases or impersonate any other person or entity (with or without their consent) in connection with the Website;
(i) you only use the Website for lawful purposes and in compliance with all applicable anti-bribery, money laundering and other law or regulations;
(j) you are not breaking any local, state, national or international law in your relevant jurisdiction by accessing or using this Website or the Services; and
(k) you are granting PLANA.EARTH the right to use your communication and other delivered content on the Website and for the Causes, Campaigns and Services.
8.2. You agree that any communication on or relating to the Website must:
(a) treat the Website and other users with respect;
(b) not partake in any conduct that could be considered bullying, harassment, degradation, insulting, racist or otherwise threatening;
(c) not contain any private, personal or other information that should not be made public;
(d) not infringe any third party’s intellectual property rights including copyright or trademark rights;
(e) not contain obscene, lewd or suggestive content and/or pornography;
(f) not be defamatory, improper, indecent, offensive, libellous;
(g) not upload or insert any code into or onto our Website;
(h) not contain any computer hardware or software viruses, trojan horses, worms, spyware or any other computer programming that may interfere with or adversely affect the operation or security of our Website;
(i) not manipulate the Website, any Donation or Campaign;
(j) not be used for commercial or public purposes outside the purposes of the Website, nor to advertise the services of others.
8.3. We reserve the right to refuse to provide you with access to the Website, if it is brought to our notice or if it is discovered that you are not an eligible user or have breached these Terms.
8.4. You must not share personal information with other users. By using the Website, you warrant and represent that you will not directly or indirectly circumvent the Website and that all paid Services will be engaged in accordance with these Terms. Without limitation, Charities and Donors must not use the details on the Website to contact each other directly or engage outside of the Website.
8.5. If you find content on the Website which, in your opinion, violates applicable laws or provisions of these Terms, you may inform us respectively by e-mail to our Support team ([email protected]).
8.6. If we gain knowledge of prohibited content or communication or suspect the existence of such, we are entitled to remove this content or communication from the Website at any time.
8.7. You indemnify us for any loss or damage we suffer as a result of your breach of these Terms.
9. SITE AVAILABILITY
9.1. We make no guarantees, implied or express, as to the ongoing availability of the Website or Services. We are in particular authorised to take the Website off the network, both for regular and unscheduled maintenance work. We are entitled to change the functionality, appearance and other features of the Website as we choose.
9.2. We accept no responsibility for any offer of Services found on the Website, or any interruption or malfunction for any reason whatsoever (including failures of our Internet provider or web hosting service provider, third party intrusions or force majeure) and you agree that we are not liable for any loss or damage that you or any other person incur by not being able to access the Website.
10. INTELLECTUAL PROPERTY
10.1. Other than Charity Content licensed to us by Charities, all content on the Website (including any source code, product recipes, usage data, ideas, enhancements, feature requests, suggestions or other information provided by you) is our exclusive copyright and intellectual property. Except as necessary to use the Website in accordance with these Terms, without our express written permission, you shall not reproduce, replicate, copy or otherwise exploit the Website (or any Charity Content) for your own commercial or other purposes, including:
(a) replicate or use the Charity Content, details and profiles of any of the Charities;
(b) replicate all or part of the Services or Website in anyway;
(c) use any “deep-link”, “robot”, “spider”, “page-scrape” or other automatic device, programme, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, Accounts or any content, nor in any way reproduce or circumvent the navigational structure or presentation of same, nor obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website; and
(d) incorporate all or part of the Website in any other webpage, website, application or other digital or non-digital format.
10.2. We have moral and registered rights in PLANA.EARTH and other trademarks and you shall not copy, alter, use or otherwise deal in the marks without our prior written consent.
11. THIRD PARTY SERVICES, WEBSITES & ADVERTISING
11.1. We may utilise third party businesses, people and websites (Third Parties) in order to provide the Website and the Services (such as Mangopay). You accept and agree that compliance with the terms and conditions imposed by such Third Parties is a condition to access and use of the Website and Services.
11.2. The Website may contain information and advertising from Third Parties. You consent to receiving this information as part of your use of the Website.
11.3. We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the services provided by, information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.
12. FORCE MAJEURE
12.1. We will not be held responsible for any breaches or delays in the use or fulfillment of any Services or the Website caused by force majeure, including any matter outside the reasonable control of the Charities or us, or as otherwise understood under applicable law.
12.2. In situations of force majeure, all obligations under these Terms are suspended, provided that after 48 consecutive hours, you may cancel your Account by sending notice to us. If terminated for any of the above reasons, you will no longer be able to access your Account.
13. LIMITATION OF LIABILITY & INDEMNITY
13.1. You agree that you use the Website at your own risk.
13.2. You acknowledge that we are not responsible for the conduct or activities of any Charity or Donor and that we are not liable for such under any circumstances.
13.3. PLANA.EARTH does not guarantee any Donations, completion of any Campaign, traffic or any specific results from the Services.
13.4. You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Website, including any breach by you of these Terms.
13.5. In no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Website or any content, or in any way relating to the Services (or the provision or non-provision of Service), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.
13.6. Certain rights and remedies may be available under the Sale of Goods Act 1979, the Consumer Protection Act 1987, Consumer Contract Act 2013 and Consumer Rights Act 2015, or similar legislation in other jurisdictions (including Article L 211-8 of the Consumer Code (Luxembourg) or in accordance with Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999) and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to the re-performance of Services or payment of the cost of re-supply of Services.
13.7. You acknowledge that in using the Website and in relation to the supply of Services you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
13.8. Nothing in these Terms shall limit or exclude the liability of PLANA.EARTH and the users resulting from gross negligence, fraud, fraudulent misrepresentation and in case of death or personal injury.
15.1. Your use of the Website may be suspended or cancelled at any time, for any reason, on a temporary or permanent basis. You must immediately cease using the Website should you receive a notice suspending or cancelling your licence to use the Website.
15.2. We may end the agreement formed by the Terms immediately by giving you notice. It is not essential to provide reasons for the termination. Where these Terms have been terminated you must immediately cease using the Website.
15.3. Donors may terminate their use of the Website and suspend or have an Account removed at any time, provided that there are no amounts are outstanding.
15.4. Charities may terminate their use of the Website pursuant to the conditions set out in the Charity Agreement.
16.1. You can contact our Support team by email ([email protected]) or via the Website.
16.2. You can direct notices, enquiries, complaints and so forth to us using any other details published on the Website. We will notify you of a change of details by publishing new details on the Website.
16.3. We will send you notices and other correspondence to the email address that you submit to the Website. It is your responsibility to notify us to update your contact details as they change.
16.4. A consent, notice or communication under this agreement is effective if it is sent as an electronic communication (having the meaning given to that term in Electronic Communications Act 2000 and the Electronic Signatures Regulations 2002) unless required to be physically delivered under law.
17.1. We may assign or otherwise create any interest in our rights under these Terms by giving you written notice.
17.2. Any provision of these Terms, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms, so far as is reasonably practicable.
17.3. These Terms form part of an ecommerce transaction and the parties agree that these Terms shall be accepted electronically and the agreement to these Terms is formed and validly entered into electronically.
17.4. The termination of these Terms does not affect the parties’ rights in respect of periods before the termination of these Terms.
17.5. These Terms and any non-contractual obligation arising therefrom, are governed by the laws of England and Wales and you submit to the jurisdiction of the courts in London, England.