Terms and Condition

TERMS AND CONDITIONS

ACCEPTANCE OF TERMS

GAIA FOUNDATION Welcomes You. GAIA Foundation (“GAIA”) provides its Product to you subject to the following Terms of Use (”TOU”), which may be updated by us from time to time without notice to you and at any time by posting changes online. All such guidelines or rules (including but not limited to our spam policy) are hereby incorporated by reference into the TOU. GAIA may also offer other services that are governed by different Terms of Use. You agree to use this website only for lawful purposes and in the manner which does not infringe the rights or restricts or inhibit the use and enjoyment of the Site by any third Party.

DESCRIPTION OF PRODUCT

GAIA through its website facilitates users to enable planting of trees and dedicate them through its Certificates for the purpose of greeting or offsetting carbon (the “Product“).

GAIA is a Non – Profit organization.

GAIA issues a Certificate only if one or more trees are planted by the Donor. To the extent possible trees will be planted at about the time of your transaction on our website. However, given that planting may not be possible in certain seasons, GAIA reserves the right to arrange the planting of trees within a year after the date of your transaction. GAIA can sell trees that have been planted in anticipation of orders.

GAIA will make their best efforts to ensure that all trees survive. However, GAIA cannot be held responsible for trees that die through disease, flood, drought, fire, lightning and other such events. GAIA cannot be held responsible for trees that are illegally felled or are destroyed by grazing in spite of the best efforts made by us to prevent this.

GAIA does not issue carbon credits.

You do not own the tree that you plant and we do not arrange site visits. However, we are happy to tell you where the tree you have planted is, and you can make your own efforts to visit the site.

To enable us to plant the maximum number of trees, GAIA does not use its limited resources to track an individual tree to a specific user. You will also note that while GAIA offers you planting opportunity in a particular project, or location or for a particular social impact, owing to exigencies it may be constrained to plant in another location or project or for another social impact.

You also understand and agree that GAIA cannot be held responsible for scientific accuracy or reliability of information it provides on its properties, though it makes every effort to obtain such information from sources it believes in good faith are reliable. Unless explicitly stated otherwise, any new features that augment or enhance the current Product, including the release of new GAIA properties, shall be subject to the TOU. You understand and agree that the Service is provided “AS-IS” and that GAIA assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Product, you represent that you are of legal age to form a binding contract and are not a person barred from receiving products or services under the laws of India or other applicable jurisdiction. You also agree to:-

(a) provide true, accurate, current and complete information about yourself as prompted by the Product’s registration form (the “Registration Data”) and

(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GAIA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GAIA has the right to suspend or terminate your account and refuse any and all current or future use of the Product (or any portion thereof).

GAIA PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy. You understand that through your use of the Product you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to India and/or other countries for storage, processing and use by GAIA and its affiliates.

MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Product’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to:-

(a) immediately notify GAIA of any unauthorized use of your password or account or any other breach of security, and

(b) ensure that you exit from your account at the end of each session. GAIA cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

USER CONDUCT

You understand that all information, data, text, photographs, graphics, certificates, video, messages, gift messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not GAIA, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Product. GAIA does not control the Content posted via the Product and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Product, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will GAIA be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Product.

You agree to not use the Product to:

Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, religiously or otherwise objectionable;
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, a GAIA official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Product;
Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt the Product or servers or networks connected to the Product, or disobey any requirements, procedures, policies or regulations of networks connected to the Product;
Intentionally or unintentionally violate any applicable local, state, national or international law;
“Stalk” or otherwise harass another;
and/or
Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through l above.

You acknowledge, consent and agree that GAIA may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

(a) comply with legal process;

(b) enforce the TOS;

(d) respond to your requests for customer service;

(e) protect the rights, property or personal safety of GAIA, its users and the public.

You understand that the technical processing and transmission of the Product, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from India or the country in which you reside.

CONTRIBUTIONS TO GAIA

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to GAIA through its suggestion or feedback webpages, you acknowledge and agree that:

(a) Your Contributions do not contain confidential or proprietary information;

(b) GAIA is not under any obligation of confidentiality, express or implied, with respect to the Contributions;

(c) GAIA shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;

(d) GAIA may have something similar to the Contributions already under consideration or in development;

(e) Your Contributions automatically become the property of GAIA without any obligation of GAIA to you;

and

(f) You are not entitled to any compensation or reimbursement of any kind from GAIA under any circumstances.

INDEMNITY

You agree to indemnify and hold GAIA and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Product, your use of the Product, your connection to the Product, your violation of the TOU, or your violation of any rights of another.

PAYMENT GATEWAY

GAIA uses well recognised and proven technology for payments. Payment Information is transferred by the use of an __________ connection which offers the highest degree of security that the Donor browser is able to support. Several layers built-in security, including an advanced firewall system, encryption of credit card numbers and use of passwords, protect the collected information.

INFORMATION GATHERING

GAIA collects information from the users when the user :

Makes a Donation

While forwarding a donation for GAIA and its various initiatives, the users have to submit some Personal Information as it would help us ensuring genuine contributions. Your Personal Information may comprise of the following :-

Your name
Your email and mailing address
Your telephone number.
Your PAN for providing 80G certificate
Any other data as required.

TERMINATION

You agree that GAIA may, under certain circumstances and without prior notice, immediately terminate your GAIA account, any associated email address, and access to the Product. Cause for such termination shall include, but not be limited to,

(a) breaches or violations of the TOU or other incorporated agreements or guidelines,

(b) requests by law enforcement or other government agencies,

(d) discontinuance or material modification to the Product (or any part thereof),

(e) unexpected technical or security issues or problems,

(f) extended periods of inactivity,

(g) engagement by you in fraudulent or illegal activities, and/or

(h) nonpayment of any fees owed by you in connection with the Product.

Termination of your GAIA account includes

(a) removal of access to all offerings (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and

(c) barring of further use of the Product. Further, you agree that all terminations for cause shall be made in GAIA’s sole discretion and that GAIA shall not be liable to you or any third party for any termination of your account or any associated email address.

LINKS

The website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because GAIA has no control over such sites and resources, you acknowledge and agree that GAIA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that GAIA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

GAIA’s PROPRIETARY RIGHTS

You acknowledge and agree that any necessary software used in connection with the Product (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Product or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by GAIA or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Product or the Software, in whole or in part.

NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this agreement.

NOTICE

GAIA may provide you with notices, including those regarding changes to the TOU, including but not limited to email, regular mail, SMS, MMS, text message, postings on the Service, social media or other reasonable means now known or hereinafter developed.

GENERAL INFORMATION

Entire Agreement. The TOU constitutes the entire agreement between you and GAIA and governs your use of the Product, superseding any prior agreements between you and GAIA with respect to the Product.

Choice of Law and Forum. The TOU and the relationship between you and GAIA shall be governed by the laws in India without regard to its conflict of law provisions. You and GAIA agree to submit to the personal and exclusive jurisdiction of the courts at Mumbai.

Waiver and Severability of Terms. The failure of GAIA to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your GAIA account is non-transferable and any rights to your GAIA ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Product or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOU are for convenience only and have no legal or contractual effect.

REFUND AND CANCELLATION POLICY:

Welcome to the website of GAIA CONSERVATION FOUNDATION .

We make public our policy on refund and cancellation of donations received for the social cause on the payment gateway as under :-

No refund/cancellation of the donated amount (received through Online donations) by any donor will be entertained by GAIA
No cash or refund of money will be allowed
If any in –kind support is received by the donor from anywhere, the material will be utilized for the purposes of the objectives of the GAIA Conservation Foundation.
Once received , the donation will not be refunded to the donor. No Cancellation can be made. The Donation will be used for the development of the initiative for which it is been made.