TERMS AND CONDITIONS
These Terms and Conditions of Service govern the contractual relationship between users (hereinafter "Users"), with HUMANS FOR ABUNDANCE (hereinafter "HUMANS FOR ABUNDANCE"). Users shall be subject to the respective General Terms and Conditions, together with all other policies and principles governing HUMANS FOR ABUNDANCE, which are incorporated herein by reference.
THE USER DECLARES TO HAVE READ AND UNDERSTOOD ALL THE CONDITIONS ESTABLISHED IN THE PRIVACY POLICIES AND THE PRESENT GENERAL TERMS AND CONDITIONS, AND DECLARES HIS/HER CONFORMITY AND ACCEPTANCE AT THE MOMENT OF REGISTERING AND/OR USING THE "HUMANS FOR ABUNDANCE" APPLICATION. ANY PERSON WHO DOES NOT ACCEPT OR DISAGREES WITH THESE GENERAL TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING THE SITE AND/OR THE APPLICATION.
HUMANS FOR ABUNDANCE's mission is to inspire people to restore and conserve the planet's ecosystems and biodiversity through small actions that together have a large-scale positive impact. The HUMANS FOR ABUNDANCE technology and mobile platform (hereinafter, the "Application"), makes use of the internet, to facilitate the connection between Environmental Restorers (hereinafter "Restorers") and Users who need to make a payment for services (hereinafter "Eco-actions") of: (i) ecological restoration for the reconstruction of a native ecosystem, (ii) agro-ecological education to eliminate the use of chemical fertilizers and pesticides and, (iii) forest and tree conservation.
YOU ACKNOWLEDGE THAT HUMANS FOR ABUNDANCE DOES NOT PROVIDE FINANCIAL BROKERAGE SERVICES OR BUY AND SELL GREEN SERVICES.
HUMANS FOR ABUNDANCE ACKNOWLEDGES THAT THE RESTORERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS OR EMPLOYEES OF HUMANS FOR ABUNDANCE IN ANY WAY.
You acknowledge and agree that the availability of the Applications may be dependent on the third party from whom you licensed the Application, for example, the Apple iPhone or Android application stores ("App Store"). You acknowledge and agree that this Agreement is between you and HUMANS FOR ABUNDANCE and not with the App Store and that HUMANS FOR ABUNDANCE is responsible for providing the Services as described in this Agreement. However, if you downloaded the App from the Apple App Store, Apple and its subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. This Agreement incorporates by reference the Apple Licensed Application End User License Agreement, for which you are "the End User." In the event of a conflict between the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement will prevail.
Access to the Application is free of charge, except for the cost of the connection through the telecommunications network provided by the access provider contracted (ISP) by the User, which will be at the User's exclusive expense. The User may only access the Application through authorized means.
In order to access the contents of the Application it will be necessary for the User to register. Therefore, in order to access the delivery services provided by the Restorers, the User must complete all the fields of the registration form corresponding to the Users with valid data (hereinafter, the "Registered User" or in plural "Registered Users"). Whoever aspires to become a Registered User shall verify that the information he/she makes available to HUMANS FOR ABUNDANCE is accurate, precise and true (hereinafter, the "Personal Data"). Likewise, the Registered User shall assume the commitment to update his/her Personal Data every time they are modified.
Once the Registration is completed, HUMANS FOR ABUNDANCE will grant the Registered User a personal account to access with the password he/she chooses (hereinafter, the "Account"). The Registered User will access his/her Account by entering his/her e-mail address and the personal security password chosen. THE ACCOUNT IS PERSONAL, UNIQUE AND NON-TRANSFERABLE, AND IT IS FORBIDDEN FOR THE SAME REGISTERED USER TO REGISTER OR OWN MORE THAN ONE ACCOUNT. In the event that HUMANS FOR ABUNDANCE detects different Accounts containing the same or related data, it may cancel, suspend or disable them. The User shall be solely responsible for the use of his/her Account. All activities related to the payment of Eco-actions are then linked to this Account.
Some of the above information reveals your unique identity or is directly linked to your unique identity, such as your name or email address. And some of the above information does not reveal your unique identity or is not directly linked to your unique identity, such as information about your browser or device, or information collected through cookies. If we ever combine non-personally identifiable information with personally identifiable information, we will treat the combined information as personally identifiable information and protect it accordingly.
HUMANS FOR ABUNDANCE MAY USE THE USER'S PERSONAL DATA TO CREATE STATISTICS ON THE USE OF THE PLATFORM AND TO PUBLISH, SOLELY AND EXCLUSIVELY, THESE FIGURES. HUMANS FOR ABUNDANCE IS NOT AUTHORIZED TO PUBLISH OR DISSEMINATE THE USER'S PERSONAL DATA TO THIRD PARTIES.
THE USER AGREES TO RECEIVE INFORMATION AND NOTIFICATIONS ABOUT CAMPAIGNS, ECO-ACTIONS, RESTORERS OR RELATED, THROUGH YOUR REGISTERED EMAIL.
You must be at least 18 years of age, or the legal age of majority in your jurisdiction (if different from 18), to obtain an Account. You may not register or maintain an Account if you have previously been prohibited from accessing or using the Services. Account registration requires you to submit to HUMANS FOR ABUNDANCE certain personal information, such as your name, address, cell phone number, email address and age, as well as at least one valid payment method supported by HUMANS FOR ABUNDANCE. In case HUMANS FOR ABUNDANCE detects that the information provided for the creation of the Account does not have the required veracity, accuracy, validity and authenticity, it may cancel, suspend or disable it.
The User is fully responsible for his/her account and for everything that happens in it, including any damage or harm (to HUMANS FOR ABUNDANCE or to any other person) caused by someone using his/her account without his/her permission. Therefore, the User is required to immediately inform the platform in case he/she finds or suspects that someone else may be using his/her account without his/her permission.
You understand that your use of the Eco-actions may result in charges to you ("Charges"). HUMANS FOR ABUNDANCE will allow you to pay applicable Charges for services or goods obtained through your use of the HUMANS FOR ABUNDANCE platform. Charges will include applicable taxes where required by law. Charges may include other applicable fees or cancellation fees.
HUMANS FOR ABUNDANCE will enable all Charges and payments by the preferred payment method designated in your Account, after which you will receive a receipt. Charges paid by you are final and non-refundable, unless HUMANS FOR ABUNDANCE determines otherwise.
HUMANS FOR ABUNDANCE reserves the right to establish or adjust Charges for any or all services or goods obtained through use of the Platform at any time. HUMANS FOR ABUNDANCE will use reasonable efforts to inform you of any Charges that may apply, provided that you are responsible for Charges incurred on your Account, regardless of your knowledge of such Charges or the amounts of such Charges.
HUMANS FOR ABUNDANCE may contract with third party payment processors to process these purchase and donation transactions. HUMANS FOR ABUNDANCE is not affiliated with these payment processors. Accordingly, HUMANS FOR ABUNDANCE expressly disclaims any liability for the services provided by any payment processor, and you agree that HUMANS FOR ABUNDANCE shall not be liable for any loss or damage of any kind incurred as a result of any such services.
HUMANS FOR ABUNDANCE may terminate or suspend your permission to use our platform or deactivate your account at any time, with or without notice, for any material or repeated violation of the following conditions: if you fail to pay any fees when due, at the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical problems or issues, or for your participation in fraudulent or illegal activities. Upon any such termination, HUMANS FOR ABUNDANCE may delete your account, passwords and content and we may prevent you from accessing the platform and using our services in the future. You agree that we shall have no liability to you or any third party for any termination of your account, deletion of your content or blocking of your access to our platform and services.
The User agrees that, for all purchase transactions within the technology and mobile platform: (a) you will not use an invalid or unauthorized payment method; (b) you will be charged using the payment method of your choice; and (c) all transactions are final and non-refundable (unless otherwise determined by HUMANS FOR ABUNDANCE in its sole discretion). You understand and agree that payments made to HUMANS FOR ABUNDANCE are not tax deductible as charitable donations.
If HUMANS FOR ABUNDANCE waives any of its rights in a particular case, it does not mean that it is waiving its rights generally or in the future.
These Terms and Conditions, as well as any rights and licenses granted under these Terms and Conditions, may not be transferred or assigned by the User, but only by HUMANS FOR ABUNDANCE.
HUMANS FOR ABUNDANCE shall have no liability to the User in respect of any delay or failure to perform an obligation we have under these Terms if such delay or failure results from events beyond our reasonable control, including, but not limited to, any strike, lockout, war, act of terrorism, riot, natural disaster, failure or curtailment of power, telecommunications or data networks or services, or the denial of an approval or license by a government agency.
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HUMANS FOR ABUNDANCE EXPRESSLY DISCLAIMS all warranties of any kind, both express and implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
HUMANS FOR ABUNDANCE DOES GUARANTEE THE RELIABILITY, QUALITY AND SUITABILITY OF THE ECO-ACTIONS REQUESTED THROUGH THE USE OF THE TECHNOLOGY AND MOBILE PLATFORM. HOWEVER, HUMANS FOR ABUNDANCE RESERVES THE RIGHT TO decide to stop making the HUMANS FOR ABUNDANCE platform, applications, services or any part of the services available at any time and for any reason. Under no circumstances shall HUMANS FOR ABUNDANCE OR THE RESTORERS be held liable for any damages resulting from such interruptions or unavailability.
HUMANS FOR ABUNDANCE DOES GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR SKILL OF THE RESTORERS, FOR THE PERFORMANCE OF THE ECO-ACTIONS PUBLISHED THROUGH THE HUMANS FOR ABUNDANCE TECHNOLOGY AND MOBILE PLATFORM. HOWEVER, RESTORERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS OR EMPLOYEES OF HUMANS FOR ABUNDANCE.
HUMANS FOR ABUNDANCE DOES NOT CONTROL, ENDORSE AND IS NOT RESPONSIBLE FOR ANY USER CONTENT OR THIRD PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES.
HUMANS FOR ABUNDANCE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, HUMANS FOR ABUNDANCE has no obligation or liability of any kind (whether arising in contract, warranty, tort [including negligence], product liability or otherwise) in respect of all such indirect, incidental, special, punitive or consequential damages or liabilities (including, but only by way of example, any loss of data or content, income or profit, personal injury or death) arising out of or relating to your use of the HUMANS FOR ABUNDANCE platform or service, or any content provided by or through the HUMANS FOR ABUNDANCE platform or service, even if we have been advised of the possibility of such damages in advance.
This limitation applies to damages arising from (i) your use or inability to use the platform and access the services; (ii) the cost of obtaining ECO-ACTIONS; (iii) unauthorized access to or alteration or distribution of content you submit through the platform; (iv) third party content made available to you through the platform; or (v) any other matter relating to any aspect of the HUMANS FOR ABUNDANCE platform and service, including the website, API, any current or future applications, email communications and HUMANS FOR ABUNDANCE content on third party sites.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION ARE NOT INTENDED TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, HUMANS FOR ABUNDANCE'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
RESOLUTION OF DISPUTES
HUMANS FOR ABUNDANCE is a company based in the United States of America and is governed by the laws of that State. If a court of arbitration, with proper authority, decides that any part of these terms, policies and rules is invalid, only the invalid part will cease to apply and the remainder will continue in effect. The official language of these Terms is English. If there is a conflict between the English version and any translation, the English version shall prevail.
In the event of any dispute, claim, question, or disagreement arising out of or relating to these Terms or an alleged breach of these Terms, whether arising in contract, tort or otherwise, between you and us, we will use our respective best efforts to resolve the dispute. If a dispute arises, the complaining party shall send written notice to the other party in a document specifically entitled "Notice of Dispute", specifically setting forth the precise nature of the dispute. Please email us for any notice of dispute to firstname.lastname@example.org. Once HUMANS FOR ABUNDANCE receives the notice of dispute, the parties will contact and negotiate with each other in good faith and, recognizing their mutual interest, will attempt to reach a fair and equitable resolution of the dispute that is satisfactory to both parties.
If the parties are unable to resolve the dispute through this mechanism, the User agrees that it must resolve any claims it may have against HUMANS FOR ABUNDANCE individually in arbitration as set forth in this Arbitration Agreement.
User and HUMANS FOR ABUNDANCE acknowledge and agree to waive the right to a trial by jury or to bring or participate as a plaintiff or class member in any class, purported class, collective, coordinated, consolidated or representative proceeding.
This Arbitration Agreement shall be binding and shall include any claims brought by or against third parties, including but not limited to their spouses, heirs, third party beneficiaries and assigns, where their underlying claims relate to your use of the Services. To the extent that any third party beneficiary of this agreement brings claims against the Parties; those claims shall also be subject to this Arbitration Agreement.
RULES AND APPLICABLE LAW
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA's Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator ("Arbitrator"), and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any assertion that all or part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are enforceable, unconscionable or illusory and any defenses to arbitration, including waiver, delay, default or estoppel. If there is a dispute as to whether this Arbitration Agreement is enforceable or applies to a dispute, you and HUMANS FOR ABUNDANCE agree that the arbitrator will decide that issue.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), shall govern its interpretation and enforcement and the proceedings thereunder. It is the intent of the parties to be bound by the provisions of the FAA for all purposes, including, but not limited to, interpretation, implementation, enforcement and administration of this Arbitration Agreement, and that the FAA Rules and the AAA shall preempt all state laws to the fullest extent permitted by law. If it is found that the FAA and AAA Rules do not apply to any issue relating to the interpretation or application of this Arbitration Agreement, then that issue will be resolved under the laws of the state where you reside when you accept these Terms.
Pre-Arbitration Dispute Resolution and Notice. Before initiating arbitration, you and HUMANS FOR ABUNDANCE agree to notify the other party in writing of any dispute and to attempt to negotiate an informal resolution. The notice of dispute must include the name of the party, preferred contact information, a brief description of the dispute, and the relief requested. Notice to HUMANS FOR ABUNDANCE should be sent to email@example.com. Neither party will initiate arbitration until 30 days after the notice is sent. Participating in this pre-arbitration notice and dispute resolution process is a requirement that must be met prior to commencing arbitration. The statute of limitations and any filing deadlines will be tolled while the parties participate in the informal resolution process required by this paragraph.
To initiate arbitration, a party must provide the other party with a written Demand for Arbitration and file the Demand with the AAA as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879).) A party initiating arbitration against HUMANS FOR ABUNDANCE must send the written Demand for Arbitration to firstname.lastname@example.org. The Arbitrator shall be (1) a retired judge or (2) an attorney licensed to practice law in the state where the arbitration is being conducted. The Arbitrator shall be selected by the parties from the AAA's National Roster of Arbitrators. If the parties cannot agree on an Arbitrator after a good faith meeting and conference effort, the AAA will appoint the Arbitrator in accordance with the AAA Rules.
DECISION OF THE ARBITRATOR
The Arbitrator will issue an award within the time period specified in the AAA Rules. Judgment on the Arbitrator's award may be entered in any court having competent jurisdiction to do so. The Arbitrator may grant declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim.
The decision of an Arbitrator shall be final and binding on all parties. An Arbitrator's decision and judgment thereon shall have no precedential or collateral estoppel effect.
If you prevail in arbitration, you may seek an award of attorneys' fees and expenses to the extent permitted by applicable law.
HUMANS FOR ABUNDANCE will not seek, and hereby waives all rights HUMANS FOR ABUNDANCE may have under applicable law to recover attorneys' fees and expenses if HUMANS FOR ABUNDANCE prevails in arbitration.
Your responsibility to pay any AAA filing, administration and arbitration fees will be solely as set forth in the AAA Rules.
DIVISIBILITY AND SURVIVAL
If any part of this Arbitration Agreement is determined to be unenforceable or illegal for any reason, (1) the unenforceable or illegal provision shall be severed from these Terms; (2) the severance of the unenforceable or illegal provision shall have no impact on the remainder of the Arbitration Agreement or on the ability of the parties to compel arbitration of any remaining claims individually pursuant to the Arbitration Agreement; and (3) to the extent that any claims are to proceed on a class, collective, consolidated or representative basis, such claims shall be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of such claims shall be stayed pending resolution of any individual claims in arbitration.