INTRODUCTION

These terms of use are entered into between you (hereinafter referred to as “you” or “your”) and Earthlungs Reforestation Foundation (hereinafter referred to as “us”, “we”, “our”, “the company” or “Earthlungs”).

Earthlungs owns all copyrights unless otherwise stated. No content (including photographs) from the website shall not be copied, distributed, photocopied, played, linked or transmitted with super-links, loaded into other servers in mirroring method, stored in information retrieval systems and / or used for any other commercial purpose by any person in any means, unless otherwise downloaded or printed for non-commercial and/or individual use (under the condition that revision shall not be made and the copyright statements or other ownership statements in the materials shall be reserved) Without prior written consent of.

This website includes links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

By accessing, downloading, using or clicking on “I agree”, you agree that you have read, understood and accepted all of the terms and conditions stipulated in these terms of use (hereinafter referred to as “these terms”) as well as our privacy policy.

Please read the terms carefully as they govern your use of our services. By accessing, using or attempting to use our services in any capacity, you acknowledge that you accept and agree to be bound by these terms. If you do not agree, do not access or utilize our services.

ABOUT EARTHLUNGS

Earthlungs is is a community of forest-focused not-for-profit organisation that leverages communities living around and adjacent to public gazetted forests under the management of the Kenya Forest Service (KFS). We partner with Community Forest Associations (CFAs) desirous to rehabilitate, reforest, conserve, and restore degraded forest land to healthy indigenous forest ecosystems.

We are a cocktail !!

Experience, raw technical knowledge & skill, and passionate conservationists. What’s better than such a positive, potent combination!

We have a multifaceted approach to addressing environmental challenges.

Our blend of expertise allows us to navigate complex issues, innovate sustainable solutions, and inspire others to join the cause.

By leveraging our collective strengths, we are undoubtedly making a significant impact on ecosystem restoration efforts and broader conservation goals!

By focusing on restoring ecosystems, we are not just addressing environmental challenges but also nurturing the very foundation of life on Earth.

 Ecosystem restoration has far-reaching benefits, from mitigating climate change to safeguarding biodiversity and enhancing the well-being of communities.

 Our commitment to this cause demonstrates a deep understanding of the interconnectedness of all life forms and a strong sense of responsibility towards future generations.

Our Promise: We will keep up with our invaluable work of healing and nurturing our planet’s precious ecosystems!

We aim to connect all our users via our online and in-person community.

ABOUT THESE TERMS

1. Contractual relationship

These terms constitute a legal agreement and create a binding contract between you and Earthlungs.

1. Supplementary terms

The privacy policy and all other agreements entered into separately between you and Earthlungs are deemed supplementary terms and are an integral part of these terms and shall have the same legal effect. Your use of our services is deemed your acceptance of the above supplementary terms.

1. Changes to these terms

Earthlungs reserves the right to change or modify these terms in its discretion at any time. We will notify such changes by updating the terms on our website (www.earthlungs.org) and modifying the date displayed on this page.

Any and all modifications or changes to these terms will become effective upon publication on the website or release to users. Therefore, your continued use of the Earthlungs services is deemed your acceptance of the modified agreement and rules. If you do not agree to any changes to these terms, you must stop using the Earthlungs services immediately.

You are recommended to frequently review these terms to ensure your understanding of the terms and conditions that apply to your access to and use of our services.

CONFIDENTIALITY

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Earthlungs will only be in connection with the provision of agreed services and products.

DISCLAIMER

Your use of this site is at your sole risk. The site is provided on an as is and as available basis. Earthlungs expressly disclaims all warranties of any kind, whether express or implied including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the site are non-infringing as well as warranties implied from a course of performance or course of dealing; that access to the site will be uninterrupted or error- free; that the site will be secure; that the site or the server that makes the site available will be virus-free; or that information on the site will be complete, accurate or timely. If you download any materials from the site you do so at your own discretion and risk.

You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written obtained by you from Earthlungs through or from the site shall create any warranty of any kind. Earthlungs does not make any warranties or representations regarding the use of the material on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, Earthlungs liability or otherwise.

The disclaimer provided shall be enforceable as far as is permitted by the laws of the jurisdiction applicable.

LIMITATION OF LIABILITY & INDEMNIFICATION

You acknowledge and agree that you assume full responsibility for your use of the site. You acknowledge and agree that any information you send or receive during your use of the site may not be secure and may be intercepted by unauthorised parties. You acknowledge and agree that your use of the site is at your own risk and that the site is made available to you at no charge.

Recognising as much , you acknowledge and agree that, to the fullest extent permitted by the applicable law, neither Earthlungs nor its affiliates, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the site or any other site you access through a link from this site or from any actions Earthlungs takes or fails to take as a result of communications you send to Earthlungs or the delay or inability to use the site, or for any information, products or services advertised in or obtained through the site, removal or deletion of any materials submitted or posted on the Earthlungs website or otherwise arising out of the use of the website whether based on contract, tort, strict liability or otherwise, even if Earthlungs  ,its affiliates or any of its suppliers has been advised of the possibility of damages.

 This disclaimer applies without limitation to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, or theft, destruction, unauthorised access to or alteration of, loss or use of any record or data, and any other tangible or intangible loss.

You assume all responsibility and risk for your use of the services, the internet generally, and the documents or employer materials that you post, provide or access and for your conduct on and off the sites.

In no event shall Earthlungs (or any of its officers, directors, members, employees, subsidiaries, affiliates, agents or advertisers), be liable for any non-direct damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost employment opportunity, or business interruption) resulting from or arising under or in connection with services or the use or access to, or the inability to use or access, the services and/or any document, whether based on warranty, contract, tort, or any other legal theory, and whether or not Earthlungs  is advised of the possibility of such damages.

In no event shall Earthlungs (or any of its officers, directors, members, employees, subsidiaries, affiliates, agents or advertisers), be liable for any direct damages.

Due to the nature of this agreement, in addition to money damages, you agree that Earthlungs will be entitled to equitable relief upon a breach of this agreement by you.

You agree to indemnify, defend and hold harmless Earthlungs and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities expenses damages and costs including reasonable legal costs and court costs arising or resulting from your use of the site and any violation of these Terms of Use.

LINKS TO THIS WEBSITE

You may not create a link to any page of this website without Earthlungs’ prior written consent. If you create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

LINKS FROM THIS WEBSITE

The site may contain links to other websites which are operated by third parties or affiliates of Earthlungs. These links are provided as a convenience to you and as an additional avenue of access to information contained therein. Earthlungs avers that it has not necessarily reviewed all the information on those other sites and is not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Earthlungs is not responsible for any losses, damages or other liabilities incurred as a result of your use of linked sites.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THIS SITE

Earthlungs is not responsible for any inaccuracy in information made available on this site or its incompleteness. The material used on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information which is not necessarily current and is provided for your reference only.

Earthlungs reserves the right to modify the contents of this site at any time but is not under any obligation to update any information on the site.

You, the user, agree that it is your responsibility to monitor changes to the site.

DONATIONS

Earthlungs recognizes the importance of charitable gifts, donations and fundraising in furtherance of its mission. With your help through donations, Earthlungs is able to meet the said mission and vision. We are keen on ensuring accountability to our donors and therefore we have integrated certain policies and guidelines for dealing with gifts, donations and fundraisings for the Company’s programs.

For all intents and purposes of the use of this platform, “donation” shall refer to a voluntary contribution in the form of monetary or non-monetary gifts to a fund or cause for which no return service or payment is expected or made.

1. Forms of donation

Gifts and donations may be made to the Earthlungs in various forms, including but not limited to Cash or cash equivalent through the links https://earthlungs.org/kafinje-tu/ , https://kafinje.vercel.app/ and https://www.paypal.com/ncp/payment/2D6PFH22M6BRS

1. Donations which shall not be accepted

Earthlungs is grateful for all gifts, donations and sponsorships offered. However, it will not accept gifts that are unlawful or result in an abridgement of its freedom, autonomy and/or integrity. It follows that Earthlungs reserves the right to decline a gift, donations and sponsorship for any reason in its sole discretion, including but not limited to:

1. Gift, sponsorships or donations that could reasonably compromise the Earthlungs public image or reputation;
2. Gifts, sponsorships or donations that will be difficult or costly to administer;
3. Gift, sponsorships or donations that exposes Earthlungs to unacceptable risk;
4. the donor applies unacceptable restrictions or conditions on the gift; and/or
5. Gifts, sponsorships or donations directly stemming from revenues of activities contrary to the fundamental principles of the Red Cross Red Crescent Movement.

1. Donation Processing
   We accept donations in multiple currencies, including but not limited to Kenya Shillings (KES) and US Dollars (USD). Donations will be processed in the currency selected by the donor at the time of making the donation.

When you make a donation, you agree to the processing of your personal data in accordance with Earthlungs’ privacy policy  If you make a donation in a currency other than KES, you understand and agree that the donated funds will be converted to KES at the prevailing exchange rate before being used by Earthlungs.

1. General guidelines

We shall adhere to the following guidelines while dealing with donations that you make to Earthlungs:

1. We shall call for support in a respectful manner and without pressure.
2. We shall solicit and accept donations in a manner that adheres with Earthlungs ethics and that upholds respect for donors.
3. We shall accept unrestricted contribution and assistance in any form.
4. Donations of Funds shall be made in the name of the Earthlungs and not in the name of any individual person.
5. We shall not provide any legal, accounting, tax or financial advice to donors with respect to gifts or donations except where expressly agreed between the parties to be applicable.
6. We shall not act as an executor of a donor’s estate or as a trustee of a living trust.
7. We may accept as agent or trustee, funds or property in trust or earmarked for particular use, provided that such use is within the general scope of our activities, purposes and powers. Where changed circumstances makes it impossible for Earthlungs to use gifts or donations for its designated purposes, Earthlungs may at its discretion change the terms of the gift or donation. Earthlungs will attempt to adhere as much as possible to the original intent of the donor.
8. All third parties not directly affiliated with Earthlungs who wish to solicit funds on behalf of Earthlungs must acquire written permission from Earthlungs prior to beginning any fundraising activities.

1. Appropriate discussion and consultation will occur internally prior to approaching or making commitments to donors. Pre-approval of some gifts, donations and sponsorship may be required as determined from time to time.
2. Earthlungs values its donors and will endeavor to protect donors from multiple approaches for Gifts and donations by different sections of the Earthlungs.
3. All solicitation and fundraising materials and other communications to donors and the public shall clearly identify Earthlungs and be accurate and truthful.
4. To assist in costs associated with fundraising, Earthlungs may charge an administration levy on gifts and donations received. Such costs will be communicated and reported to the donor.
5. This policy shall not be used to exclude a partner or donor from their obligations under any procurement procedure outlined in the procurement policy

1. Use of Donations

As a general principle, Earthlungs will use donations received for the purpose for which they were made.

All donations made to Earthlungs shall have the purpose of donation documented and Earthlungs shall observe the donors’ terms and conditions governing the use of the donation. These terms and conditions may occur during the grant period or after its expiration and may include requirements and conditions for use or disposition of such a donation.

1. Donation refund and cancellations guidelines

As a general principle, donations are a voluntary contribution in the form of monetary or non-monetary gifts to a fund or cause for which no return service or payment is expected or made. It follows that there can be no refund on donations made to Earthlungs.

Earthlungs reserves the right to cancel a donation for any reason, including but not limited to suspected fraud, misconduct, violation of these terms or any other reason contemplated in the foregoing. In the event of such a cancellation, Earthlungs will notify the donor and issue a refund if applicable.

PRIVACY POLICY & PERSONAL DATA

Access to Earthlungs services will require the submission of certain personally identifiable information.

All user information will be used in accordance with the terms of Earthlungs privacy policy.

Please note, as set forth in the privacy policy, that Earthlungs may collect certain user information and may contact users periodically in accordance with the terms of the privacy policy. In addition, Earthlungs reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain user information. In addition, third parties may retain cached copies of user information.

Your personal data will be properly protected and kept confidential, but Earthlungs has the right to collect, process, use or disclose your personal data in accordance with the terms (including the privacy policy) or applicable laws.

EARTHLUNGS COPYRIGHT & TRADEMARK

The Earthlungs word mark and logo are registered trademarks of Earthlungs. All content on this website (including without limitation text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software as well as the selection and arrangement thereof) is the exclusive property of and is owned by Earthlungs, its licensors or its content providers and is protected by copyright trademark and other applicable international laws.

Nothing on this site shall be construed as granting by implication, estoppels or otherwise any licence or right to use any trademark, logo or service mark displayed on the website without Earthlungs’ prior written permission. Earthlungs reserves all rights not expressly granted in and to the website and its content.

MATERIALS SUBMITTED BY USER

If you submit material to the site and unless otherwise indicated by Earthlungs, you grant Earthlungs an unrestricted, non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Earthlungs is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to Earthlungs. You grant Earthlungs and its affiliates the right to use the name you submit in connection with such material if they so choose. All personal Information provided through this site will be handled in accordance with the site’s online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Earthlungs for all claims resulting from content you supply.

You acknowledge that you are responsible for any material you may submit to the site including the legality, reliability, appropriateness, originality and copyright of such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailing, or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.

ADDITIONAL RESTRICTIONS

When you use Earthlungs services, you agree and undertake to comply with the following provisions:

• During the use of Earthlungs services, all activities you carry out should comply with the requirements of applicable laws and regulations, these terms, and various guidelines of Earthlungs ;
• You may not (i) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of Earthlungs services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through Earthlungs  services; (ii) attempt to access any part or function of the properties without authorization, or connect to Earthlungs  services or any Earthlungs  servers or any other systems or networks of any Earthlungs  services provided through the services by hacking, password mining or any other unlawful or prohibited means; (iii) probe, scan or test the vulnerabilities of Earthlungs  services or any network connected to the properties, or violate any security or authentication measures on Earthlungs  services or any network connected to Earthlungs  services; (iv) reverse look-up, track or seek to track any information of any other users or visitors of Earthlungs  services; (v) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of Earthlungs  services or Earthlungs , or the infrastructure of any systems or networks connected to Earthlungs  services; (vi) use any devices, software or routine programs to interfere with the normal operation of Earthlungs  services or any other person’s use of Earthlungs  services; (vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to Earthlungs , or (viii) use Earthlungs  services in an illegal way.

By accessing Earthlungs services, you agree that Earthlungs has the right to investigate any violation of these terms, unilaterally determine whether you have violated these terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to Reporting the incident to the authorities.

NO ENDORSEMENTS BY EARTHLUNGS

The posting of events and resources by any third party on the Earthlungs site shall not be considered an endorsement, representation or warranty, whether in regard to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.

CHANGES TO THE TERMS OF USE

Earthlungs reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part at any time, by positing revised terms on the site. It is your responsibility to check periodically for any changes which Earthlungs makes to the Terms of Use. Your continued use of the site after any changes to the Terms of Use or other policies means you accept the changes.

GENERAL

These terms are governed by the substantive laws of the Republic of Kenya, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the competent courts in Kenya.

You agree that any claims relating to these terms or to your relationship with Earthlungs as a user of Earthlungs services shall be brought against the other party in the competent court on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You further agree to waive any right for such claims to be brought or heard as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law.

The sole relationship between you and Earthlungs is that of independent contractors. If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this agreement, which shall remain in full force and effect.

All provisions of this agreement shall survive termination except those granting access or use to the site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this agreement.

No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Earthlungs  in a particular “legal notice,” or material on particular web pages of the sites, this agreement and your privacy policy constitute the entire agreement between you and Earthlungs .

Earthlungs  will not be liable for any delay or failure to perform as required by these terms because of any cause or condition beyond Earthlungs  reasonable control.

Any links to third-party websites from Earthlungs  services does not imply endorsement by Earthlungs  of any product, service, information or disclaimer presented therein, nor does Earthlungs  guarantee the accuracy of the information contained on them. The businesses displayed in Earthlungs ‘s business directory have been vetted against a robust review process led by Earthlungs. While Earthlungs aims to hold businesses accountable to the highest standards, we cannot be held liable for any wrongdoing perpetrated by the businesses. If you suffer loss from using such third-party product and services, Earthlungs will not be liable for such loss. In addition, since Earthlungs has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.

This agreement and any policies or operating rules posted on this site constitute the entire agreement and understanding between you and Earthlungs In respect of the subject matter thereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written between the parties with regard to the subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

SEVERABILITY

If any term or condition of this Agreement shall to any extent be found or held to be unlawful, invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected and the terms and conditions shall be valid and enforceable to the full extent permitted by law.

CONTACT US:

If you have any questions or comments about these Terms of Use or this website, please contact us by emailing us at: info@earthlungs.org .

 This and other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone or mobile telephone numbers.