a. These general terms and conditions (T&C’s) are applicable to all partnerships whether contractual or not with WeForest unless stipulated differently and explicitly in a contract.
b. The donor upon receipt of a written acknowledgement or the potential donor (hereinafter called the donor) of a written offer accepts to abide by the present terms and conditions. No further conditions on behalf of the donor will be applicable.
c. Should any specific clause included in these T&C’s be found to be invalid or non applicable, the remaining terms do remain in full force and effect.
2. OBLIGATIONS OF THE PARTIES
A donor is entitled to communicate about its contribution to WeForest following specific obligations; WeForest reserves the right to ask a specific donor at anytime and unilaterally to modify or remove the mention of the WeForest name, logo or planting site (“project”) information.
The donor’s rights and obligations
The donor commits and obtains the right to:
d. Communicate accurately about WeForest and “the Project” both internally and externally and not harming the good reputation of WeForest.
e. The number of trees planted can be communicated publicly only upon receipt by WeForest of the funds and when the trees are ordered for planting. Depending on the project size and planting seasons, trees may not be ordered immediately. The donor can, however, communicate on its trees once the payment is received by WeForest.
f. Use without any alteration or editing the WeForest logos, videos, brochures, project content and photos for their communication. Copyright, trademark, database or other intellectual property rights or identified partners on any photos, videos and content, either supplied by WeForest or downloaded from the website must be owned by or attributed to WeForest.
g. The donor can communicate about carbon offsetting or neutrality solely upon WeForest’s prior approval. These claims require special review: it is not accurate to claim carbon neutrality when planting a tree. A calculation is needed to include the years of tree growth and rigorous calculations.
h. The donor must remove all communications about WeForest 1 year after last payment or at WeForest’s request.
i. A donor is not entitled to communicate about another WeForest donor, even if that donor is mentioned on the WeForest website or by other social media.
The WeForest rights and obligations
j. WeForest produces up to 2 reports per annum on the active planting projects, which inform the donors on the project development and results achieved. The reporting obligation ends when a donor has become inactive. (A donor becomes inactive 1 year after the last payment).
k. A dedicated webpage (for donors reaching 10,000 trees) is created on the WeForest website, featuring the donor company logo and information (quote, WeForest related campaigns). WeForest can unilaterally decide to inactivate this page, with prior notice.
l. All donations made to WeForest are non-refundable and are not subject to VAT.
m. Donations can be tax deductible in specific countries, the list and procedure are available on the “donate page” of the WeForest web site.
n. WeForest reserves the right to control the allocation of the donations to each project site and to redirect donations to a different project site when appropriate. The donor will be informed in a timely manner.
o. The trees are not owned by the donor, nor by WeForest. Ownership of the trees belongs to the owner of the land.
p. Visits to WeForest planting sites can be arranged at the donor’s own cost and responsibility. Any donor’s visit to planting sites requires previous communication and agreement with WeForest.
q. WeForest reserves the right to accept donations from any company unless stipulated otherwise in a contract with a donor.
r. Neither Party shall be held liable for any loss or damage resulting from circumstances or causes beyond its reasonable control, including, without limitation, acts or omissions or the failure to cooperate according to the present terms and conditions by the other Party (including, without limitation, entities or individuals under its control, or any of their respective officers, directors, employees, other personnel and agents), acts or omissions or the failure to cooperate by any third party, fire or other casualty, act of God, epidemic (including for the avoidance of doubt, pandemic influenza attack), strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority, etc..
s. In the absence of a different agreement, any dispute shall be governed by, and construed in accordance with, the laws of Belgium. Any dispute arising out of or in connection with the present T&C’s shall be under the exclusive jurisdiction of the courts of Brussels.
t. When proceeding to a donation, donors provide their personal details (name, address etc.). According to the Belgian data protection and privacy regulation, WeForest uses the information submitted by donors only for proceeding with the donation and for fulfilling its legitimate purposes described above (e.g. preparation of certificates, written acknowledgements etc.). Payment details are transferred to our payment provider Paypal or our bank and your payment data will be collected and processed securely by them.