Effective Date: 11/12/2024
Last Updated: 11/12/2024
TERMS OF USE
The following Terms and Conditions (“Terms”) apply when you use F4F - FORESTS4FARMING GGMBH website or services. Please review these terms carefully. By using the website or services, you are acknowledging that you have read and understood these Terms and agree to be legally bound.
1. Effective date.
These Terms are effective with the above mentioned date.
2. Agreement.
By agreeing to these Terms, you represent and warrant that you are at least eighteen (18) years old and that your registration and use of the website or services shall at all times comply with local, state, and federal laws and regulations to the extent the same apply (“Applicable laws”).
3. Courses and Course Materials.
Any discounts offered on any course, programs, lectures, or workshops offered by F4F - FORESTS4FARMING GGMBH cannot be used in combination with any other special offers, discounts, or promotions at any time.
F4F - FORESTS4FARMING GGMBH reserves the right to provide certain course materials at its discretion and you understand that certain course materials may be under production at any given time. You agree that F4F - FORESTS4FARMING GGMBH is not liable for any damages nor would you have any causes of action against F4F - FORESTS4FARMING GGMBH should F4F - FORESTS4FARMING GGMBH delay release of any course materials, in whole or in part, for whatever reason or no reason at all.
You are prohibited from taking any of the following actions unless you have prior written approval given by F4F - FORESTS4FARMING GGMBH :
- (i) offering any services including but not limited to consulting, representing yourself as a consultant, or otherwise providing consultation services under the name of F4F - FORESTS4FARMING GGMBH to any company, non-profit organization, academic institution, research institute, farmer, or other commercial entity or private individual at any time; or
- (ii) claiming to be a certified F4F - FORESTS4FARMING GGMBH professor, farm; or
- (iii) claiming to be a representative or agent of F4F - FORESTS4FARMING GGMBH or any associated person or entity.
4. Intellectual Property.
F4F - FORESTS4FARMING GGMBH owns all rights in and to its intellectual property, including any software, firmware, source code, artwork, graphics, images, text or copy, video, audio or other information and content of or resident on its website, all of which may be protected by copyright and other intellectual property laws of the Federal Republic of Germany, foreign jurisdictions, or international treaties. No F4F - FORESTS4FARMING GGMBH content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, shared, used for public or commercial purposes, or downloaded in any way without the express written permission of F4F - FORESTS4FARMING GGMBH. Nothing in these Terms shall be deemed or interpreted as a grant of any license or right to use any intellectual property, including its trademarks or other proprietary information
4.1 Consent.
F4F - FORESTS4FARMING GGMBH may, at its discretion, record sessions of its programs, lectures, webinars, workshops, classes, or any other on-line meetings (“Recordings”). You hereby authorize F4F - FORESTS4FARMING GGMBH to use or publish the Recordings, in whole or in part, including for training purposes. You authorize F4F - FORESTS4FARMING GGMBH to publish any photographs, images, or print and digital media derived from the Recordings, as well as your name and likeness (collectively, “Images”). You understand that the Recordings and Images may be used in F4F - FORESTS4FARMING GGMBH print, online, and marketing materials and publications. You acknowledge that this consent is voluntary and expect no compensation of any type associated with the taking, use, or publication of the Recordings or Images, and the publication of the same confers no rights of ownership or royalties whatsoever. You hereby release and hold harmless F4F - FORESTS4FARMING GGMBH from any reasonable expectation of privacy or confidentiality with the Recordings or Images, as well as any liability from any claims by yourself or any third party in connection with your consent herein.
5. Accounts.
You will be required to establish an account to use and access the F4F online learning platform. You are entirely responsible for maintaining confidentiality of your account information, including your username and password. You are entirely responsible for any activity that occurs on your account as a result of failing to keep such information secure and confidential. You may be held liable for losses due to someone else using your username, password, or account that result from failing to keep your account information secure and confidential. Further, when you register, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other correspondence from F4F - FORESTS4FARMING GGMBH.
F4F - FORESTS4FARMING GGMBH is not and will not be liable for any loss or damage arising from your failure to comply with these or other obligations set forth herein.
6. Donations
These Terms and Conditions apply separately to each single donation that you make. Except as provided for in section (v), ‘Monthly or annual donations’, and unless specified by you, they do not form a contract allowing for future or successive transactions to be set up. By confirming on the Website that you wish to make a donation you agree to be bound by these Terms and Conditions for that donation.
(i) The donation services
We will use your donation at our discretion but within our stated charitable objectives.
All payments through the Website are to be made by payment cards, PayPal, bank transfer or digital wallets.
Once you confirm to us through the Website that you wish to proceed with your donation your transaction will be processed through our payment service provider, Stripe. By confirming that you wish to proceed with your donation you authorize Stripe to request funds from your payment card, PayPal, bank account or digital wallet.
(ii) Unauthorised card use
If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider.
(iii) Information from you
Before we can process a donation you must provide us with (i) your name, address and email address; and (ii) details of the means of payment (e.g. payment card, PayPal, bank account or digital wallet) that you wish to use to fund the donation. We will use this information to process your donation. It is your responsibility to ensure you have provided us with the correct information.
When you submit your payment details, these details will be transferred to our payment provider, Stripe, and your payment data will be collected and processed securely by them. You should make sure that you are aware of Stripe’s terms and conditions (https://stripe.com/en-de/privacy), which are different from our own, to ensure that you are comfortable with how they will process your personal data before you make a donation.
We won’t share your personal details with any other third party other than is set out in our Privacy Policy or in case that you give us your consent that your name should be published as a donor. Our Privacy Policy forms part of these Donation Payment Terms and Conditions and by agreeing to these Terms and Conditions you are also agreeing to the way we use and protect your personal information in line with our Privacy Policy.
(iv) Refund policy
If you made an error in your donation please contact us either by email at support@forests4farming.org, by phone at +4915203409356
or by postal at F4F – Forests4Farming gGmbH, Mozartstrasse 88, 83512 Wasserburg/Inn within 14 days and a full refund will be made to you.
(v) Monthly or annual donations
These Donation Payment Terms and Conditions will only apply to successive donations made through the Website where you have set up a monthly or annual donation. When you set up a regular donation you will be scheduling a series of donations to be made on a specific day of the month or year respectively that you choose until further notice. You agree that these Terms and Conditions will apply to each of the donations in that series.
By confirming that you wish to proceed with a recurring donation (e.g. monthly), you authorize our payment service provider Stripe to request funds from your means of payment on the frequency (e.g. every month) that you set.
To cancel your recurring donation, please contact us at support@forests4farming.org.
7. Agencies
F4F - FORESTS4FARMING GGMBH may authorised one or more agencies to market and sell its products. Whether or not you purchase a product through an authorised agency your contract will be with F4F - FORESTS4FARMING GGMBH.
8. Revocation, Suspension, or Termination.
F4F - FORESTS4FARMING GGMBH reserves the right to terminate, suspend, or restrict access to your account or to the website, generally, at its discretion and for any reason, or none at all, including for violation of these Terms or its other policies.
9. Prohibited Uses.
By using or accessing the website, you agree not to do any of the following:
(i) rent, lease, loan, sell, resell, sublicense, distribute, share or transfer any rights or permissions granted in connection with using or accessing the website;
(ii) impersonate any person or entity, falsely claim an affiliation with any person or entity, or misrepresent the source, identity, or content of information transmitted to or via the website, or perform any other fraudulent activity;
(iii) use or access the website for any illegal purpose, or in violation of any Applicable laws;
(iv) remove, circumvent, disable, damage, or interfere with security-related features, features that prevent or restrict use or copying of any data, including content accessible through the Service, or features that enforce limitations on the use of the website;
(v) modify, adapt, translate, or create derivative works based upon the website;
(vii) interfere with or damage operation of the website by any means, including disseminating viruses, adware, spyware, worms, or malicious code, or disabling or impairing the website in any way; or
(viii) seek to gain access to the website through “hacking” or other means not expressly authorized in writing by F4F - FORESTS4FARMING GGMBH.
10. Indemnity.
You agree to defend, indemnify, and hold F4F - FORESTS4FARMING GGMBH, its affiliates, officers, directors, employees, agents, licensors, and suppliers harmless from and against any claims, actions, demands, liabilities, or settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from your violation of these Terms or other violation of any Applicable law or rights of any third party.
11. Assumption of Risk.
While using the website from a mobile device, please be aware of your surroundings and exercise reasonable judgment. You agree that your use of the website is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the website. It is strictly forbidden to use the website while driving. While using a vehicle, you may only access the website after you have stopped your vehicle in an appropriate location permitted by law. If you are using the website in an area where there is traffic or other potentially dangerous conditions, stop and stand in a safe place and remain stationary until you are no longer doing the same.
12. Warranty Disclaimer.
The website is provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. F4F - FORESTS4FARMING GGMBH and its officers, directors, employees, or agents specifically (but without limitation) disclaim (I) any implied warranties of merchantability, fitness for a particular purpose, or non-infringement; (II) any warranties arising out of course-of-dealing, usage, or trade; (III) any warranties that the information or results provided in, or that may be obtained from use of the website or will meet your requirements or be accurate, reliable, complete or up-to-date; and (IV) any warranties that the website will be uninterrupted or error-free. Your use of or access to the website is done at your own discretion and risk.
F4F - FORESTS4FARMING GGMBH takes reasonable measures to ensure that personally identifiable information (“PII”) of online learning platform students is not disclosed. F4F - FORESTS4FARMING GGMBH cannot and does not, however, guarantee that PII will not be misappropriated, intercepted, deleted, destroyed or used by others. Students agree not to hold F4F - FORESTS4FARMING GGMBH liable for any loss or damage of any sort incurred as a result of any such disapprobation, interception, deletion, destruction or use of information provided to F4F - FORESTS4FARMING GGMBH.
The above limitations may not apply in whole or in part in some jurisdictions.
13. Limitation of Liability.
To the fullest extent allowed by Applicable laws, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall F4F - FORESTS4FARMING GGMBH or its employees, officers, directors, or agents be liable to you or any other person for any indirect, special, incidental, exemplary, punitive, or consequential damages of any kind, even if we have been advised of, knew, or should have known that such damages were possible and even if direct damages do not satisfy a remedy. Our aggregate total cumulative liability to you or anyone else for any loss or damages (including, without limitation, direct damages) resulting for claims, demands, or actions arising out of or relating to these terms will not exceed the greater of (I) €100 or (II) the amounts actually paid by you to F4F - FORESTS4FARMING GGMBH, in connection with your use of the website in the twelve (12) month period preceding this applicable claim, as appropriate, prorated for any partial period you use the website and/or for actual services used by the plaintiff or defendant in the claim, as appropriate, and not their affiliates, or subsidiaries. This limitation of liability reflects an allocation of risk between you and F4F - FORESTS4FARMING GGMBH.
The above limitations may not apply in whole or in part in some jurisdictions.
14. Entire Agreement.
This Agreement, together with all related exhibits and schedules, constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter. No Third Party beneficiary rights are created by these Terms.
15. Severability.
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify these terms so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible
16. Modification and Waiver.
F4F - FORESTS4FARMING GGMBH reserves the right to modify or amend these Terms from time-to-time at its discretion. Any such modifications shall take effect immediately upon posting to the website. If you do not agree with any changes to these Terms, you may terminate your account and stop using the website. Your continued use of the website indicates that you have read, understand, and accepted or consent to the current version of these Terms. No wavier of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
17. Governing Law.
All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany and the internal laws of the State of Bavaria without giving effect to any choice or conflict of law provision or rule (whether of the State of Bavaria or any other jurisdiction).