Our Terms of Use

1. Welcome to Tree-Nation

Tree-Nation ASBL (hereafter “Tree-Nation”, ”we” or “us”) is a non-profit organisation having its registered office at Avenue des Saisons 90, 1050 Bruxelles, registered in the Crossroads Bank for Enterprises under reference n°727.828.810, dedicated to endorse afforestation, agroforestry and reforestation projects worldwide with the aim to improve environmental, social, and economic conditions on the planet. For these purposes, Tree-Nation operates a website available on the following link : https://tree-nation.com (hereafter the “Site”).

2. What can you do on our Site?

Tree-Nation allows citizens and companies (hereafter “you” collectively “Users”) to make donations by bank transfer in order help Tree-Nation to plant trees in a selected panel of reforestation projects (hereafter referred to as “Plantation Project”).

The functionalities available on the Site enable Users to visualize the positive effect of their donation and further support Tree-Nation’s mission by spreading the word to a larger audience.

3. About the Terms of Use

The use of the Site is subject to the following Terms of Use (the “Terms of Use”) and all applicable laws. By using the Site, you accept these Terms of Use and our Privacy Policy and Cookies policy.

Acceptance of the Terms of Use creates a binding legal agreement between You and Tree-Nation by which You agree to use the Site only in a way that is consistent with these Terms of Use.

We may amend the Terms of Use without prior notice. When we do, we will let you know by posting the updated versions of the Terms of Use on the Site.

The use of certain functionalities of  the Site might be subject to particular conditions (the “Particular Conditions”) that, as the case might be, substitute, supplement and/or modify the Terms of Use. As a result, You should read and accept such particular conditions before using any such functionalities.

4. About your user account

To use some of the Site 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 circumstance 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 Site you must have reached the legal age of majority. Minors may use the site 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 Site.

5. Things you should not do in Tree-Nation

You are responsible for complying with the law when using the Site and you must always use it in good faith. This is a non exhaustive list of uses not allowed on the Site:

  • Any use that might violate any laws or that might infringe on the rights of third-parties.
  • The publication or transmission of any content that is violent, obscene, abusive, illegal, racist, xenophobic or defamatory.
  • The publication or transmission of any content which appears to incite or stir up hatred against particular individuals, people, religions or cultures.
  • Cracks, numbers of program series or any other content that would make vulnerable the intellectual property rights of third parties and/or those of Tree-Nation.
  • The collection and/or use of any personal data of other users without their express consent or in contravention of the Spanish LO 15/1999, dated 13 December, regarding Personal Data Protection (LOPD).
  • The use of any user account or email account provided by Tree-Nation to distribute Spam, mail bombs, phishing, escrow fraud or any other activity that might result in sabotage, fraud or any other crime or misdemeanour.
  • Any abuse, harassment, threatening, impersonation or intimidation of other users of the Site.
  • Any modification, adaptation or hacking of the Site, or any modification of any other website so as to imply falsely that it is associated with the Site.
  • Also, as the Site is meant to be accessible by the whole family unit, Tree-Nation does not authorize the publication or transmission of any content that could be considered inappropriate for children.

5.1 All actions that interfere with Tree-Nation’s operations are strictly prohibited

  • You are prohibited from entering into, modifying, visualizing the configuration, structure or data included within Tree-Nation’s servers.
  • You will bear full legal liability for any damage or harm that might result in Tree-Nation’s servers or security systems directly caused by your negligent intervention.
  • You must respect all technical standards stated by Tree-Nation with regard to the administration and development of the Site and services contracted therein.
  • You will refrain from taking any action that might slow down Tree-Nation servers and thus prejudice Tree-Nation’s ability to function properly.

5.2 Only non-commercial use of the Site is authorized

The contents of the Site may not be exploited, reproduced, distributed, modified, published, assigned, transformed or otherwise used for any commercial purpose, unless Tree-Nation has expressly agreed otherwise in writing.

At Tree-Nation users can register either as a Company or as a Citizen. Citizen profiles are strictly for individuals and Company profiles are strictly for actual companies and organisations. Any use of a Citizen profile for commercial use is strictly forbidden. Companies may use their Company profile as described in section “Company Forests” of this Terms of Use.

You must not actively market, advertise or communicate with other Tree-Nation Users for commercial purpose, including through the private messaging tool. You must not introduce or suggest commercial or non-for-profit products or services.

6. Company Forests

Notwithstanding the foregoing, companies can use the Site strictly and solely under their Company Forest. A company may exploit its own Company Forest to communicate commercial enterprises via the Company Forest name, description and their purchased and sponsored tree pages, provided that the commercial nature of such enterprise is explicitly and unequivocally stated, and is limited to content created by and/or belonging to that company. Direct advertising of a product or service is not allowed unless expressly stated otherwise.

Any content or messaging activity that do not take place within your own Company Forest is strictly limited to non-corporate users.

7. How Plantations Projects work

Users can contribute by donating funds to help Tree-Nation supporting several selected Plantation Projects in order to plant trees and perform other related activities ‑ which include but are not limited to infrastructure projects, educational projects, scientific research projects.

When contributing, the Site enables You to select a Plantation Project, the quantity and the species of the tree(s) to plant thanks to your contribution.

However, You must understand that planting trees is not an exact science and there are some factors that can escape to our control – which include but are not limited to climatic conditions, animal grazing, droughts, fires, human influence, wars, property rights issues, any act of god/force majeure.  If it is not possible to plant the species and the quantities You have contributed for, other species shall be planted which is equivalent in value to the agreed species and in the same quantities.

You do not gain any rights of ownership to any of the trees planted through our Site, nor to the use, disposition or possession thereof.

8. For Plantation Projects Owners

 

Tree-Nation works with a selected panel of Plantation projects owned by local organizations (hereafter referred to as a “Plantation project owner”). As a Plantation project owner, You may open a specific User account enabling You to use the functionalities available on the Site. In order to do so, You must respect every obligations mentioned in those Terms of Use.

By creating a Plantation Project, you automatically become its administrator (the “Plantation Project Owner”). As a Plantation Project Owner you confirm you are the owner, technical operator and commercial operator for the plantation project described in your Plantation Project sections or that you have the rights to operate, technically and commercially, the Plantation Project and that its owner is aware of and agrees with your use of our Site and the present Terms of Use.

9. Your intellectual property rights and related obligations

You are the owner of the materials (including but not limited to pictures, ideas, comments, questions and data) that you have submitted to or posted on the Site or you have been granted the respective rights from the respective owners to use them for any reasons including, but not limited to, posting them on the Site, and that the respective owners are fully aware and have agreed to the Terms of Use for their respective materials.

You are fully responsible for the materials that you have submitted to the Site and accept all legal responsibilities for any consequences thereof. Tree-Nation makes no representation or warranty, either expressed or implied, of any kind concerning the materials posted on the Site. Any materials that you or any other user post on the Site or passes through the Site for whatever reasons (including using the Site as means of transmission) will be treated as non-confidential.

You accept and agree that, as a condition of membership, you have agreed to let Tree-Nation and its affiliates freely use (including, but not limited to copying, displaying, distributing, transmitting and modifying) the materials (including but not limited to pictures, comments, questions, ideas and data) posted on the Site, without any compensation, for any purposes that will help Tree-Nation to fulfil its mission.

We reserves the right to delete any materials deemed inappropriate or for whatsoever reasons without any notice. Tree-Nation is not responsible or liable for any loss of data as a result of this action.

9.1 How we deal with copyright infringements

If you believe that the copyright of your pictures or other materials has been infringed, you should provide Tree-Nation the following through email:

  1. Your physical or electronic signature or that of the person authorized to act on your behalf;
  2. Description and location (on the Site) of the copyrighted material that you believe has been infringed;
  3. Your address, email address, telephone number and other relevant contact information;
  4. A statement, made under penalty of perjury, that the information provided to Tree-Nation is accurate and that you are the copyright owner or authorized to act on his or her behalf.
  5. A statement that you have a good faith belief that the disputed use is illegal and not authorized by you and/or the copyright owner and/or its agent, as the case might be;

We will review and investigate the complaint and will reply in the shortest period of time possible. We don’t guarantee any specific and fixed time frame as to when we reply the complaints received. If you believe that an excessive period of time has elapsed, you should resend the above information. In the unfortunate and unlikely event that the complaint has been lost, we might ask you to resend the information provided for the copyright infringement complaint.

After reviewing the complaint, it is possible that you may be asked for a physical copy of the above information in addition to an official physical letter signed by you or the person authorized to act on your behalf. A copy of relevant electronic documents might be sent to the person whom the User or Tree-Nation believes to be infringing the copyright of the respective materials.

If we believe that your complaint is justified, we will then suppress the access to the litigious content. However, the person at the origin of the alleged infringement shall be given an opportunity to respond to such notification in case he believes the litigious content is not infringing any third-party rights. The definitive suppression of /or the restoring of the litigious content shall be decided by Tree-Nation based on the elements provided by the parties involved.

10. Tree-Nation’s intellectual property

Tree-Nation expressly reserves all intellectual and industrial property rights, and the Site and its content are protected by all relevant laws governing intellectual property. Tree-Nation retains all rights available under Belgian 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 Site, except to the extent specifically stated otherwise in these Terms of Use.

Nothing on the Site can be exploited, reproduced, distributed, modified, republished, assigned or transformed without the Tree-Nation’s express written approval, unless Tree-Nation 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 Site does not grant you any right or title to any of the intellectual property contained on the Site or to any of its contents, except to the extent stated otherwise in these Terms of Use.

Tree-Nation will monitor the Site and protect all of its intellectual and industrial property rights diligently and with all appropriate resources available to it under Belgian law, reserving the right to pursue any and all available legal options.

We may modify, in our absolute discretion, the contents of the Site, including its configuration and presentation, without any prior notice.

11. Things We are not responsible for

Tree-Nation is not responsible for any harms or losses that might result from the content provided by the Users of this Site. We don’t assume any duty, obligation or responsibility with regard to monitoring or verifying the information provided on the Site by the Users.

You are fully responsible for your use of the Site. Tree-Nation, its affiliates and/or any other party involved in creating or delivering the Site do not claim any responsibility or liability for any direct, indirect, consequential, incidental or punitive damages of any kind arising out of your use of, access to, ability or inability to use the Site.

Tree-Nation is not responsible for any content of any sites that are linked to, or from the Site. Tree-Nation disclaims all warranties, either expressed or implied, as to the legality and validity of the contents of such sites. We are not responsible or liable for any harms or losses that arise as a result of such sites.

12. Deleting your account

You can request the deletion of your User account at any time. In compliance with the General Data Protection Regulation (GDPR) we will delete your account’s personal information with the exception of the information we may need to comply with legal obligations. All provisions of our Terms of Use will survive termination of an account which include but are not limited to our rights regarding content you posted on the Site. If you started a Plantation Project, deleting your account will not remove the project nor its content from the Site as this is considered public information and is bound to our duty towards our Users.

13. Our rights

Tree-Nation reserves the right to terminate membership of any User and to terminate any Corporate Forests or Plantation Projects for any reason in its sole discretion. We are not responsible or liable for any damages- including loss of data- as a result of termination of membership, Corporate Forests or Plantation Projects.

Tree-Nation reserves the right to close the Site or the access to any content of the Site at anytime for any reasons, with or without notice. Tree-Nation will not be responsible and liable for any damages or losses, including but not limited to direct, indirect, consequential, incidental or punitive damages and losses that arise as a result of such action.

14. General information about us

  • Beligian office: Avenue des Saisons 90, 1050 Bruxelles
  • Spanish office: Calle Zamora 46, 4º 4ª, 08005 Barcelona, Spain
  • E-mail: contactus@tree-nation.com
  • Telephone: +34 931620033

15. Governing Law

This Terms of Use will be governed by the laws of Belgium. All disputes arising out of or related to this Terms of use will be subject to the exclusive jurisdiction of the courts located in Brussels.

16. Warranty Disclaimer

THIS SITE IS AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.