Terms & Conditions

SYMBIOZA, T&Cs
Last Modified: 01.02.2022

PLEASE READ THESE GENERAL TERMS AND CONDITIONS (“T&Cs”) CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.

INTRODUCTION

The conditions applied for donations made by the donor on www.symbioza.org, the web platform owned by SYMBIOZA, are hereby regulated.

The donor who proceeds to donate funds on this platform agrees to have read and accepted the following terms and conditions.

The donor of the platform (whether it is an individual, a company, an institution, etc.) may want a direct donation:

• for planting trees on the lands SYMBIOZA already manages, on its behalf or on behalf of third parties as a gift;
• for purchasing lands suitable for planting forests;
• of their own lands for planting a forest;
• of their own forest to be managed by SYMBIOZA.

DEFINITIONS

For the purposes of these general terms and conditions, the following terms shall be understood as follows:

• Donations are defined as unilateral and unconditional philanthropic contributions to SYMBIOZA. They may in many countries be tax deductible, if paid through a third-party network.
• ‘We’, ‘Us’ and ‘Our’ refers to SYMBIOZA.
• ‘Partner’(and partnership),‘You’ and ‘Your’ refers to a donor.
• ‘Project’ refers to the SYMBIOZA restoration site financially supported by the donor.

1. PURPOSE

• These general terms and conditions are applicable to all donations made to SYMBIOZA unless stipulated differently and explicitly in a written agreement. They will prevail over any and all other general terms and conditions of the donor.
• Unless agreed upon otherwise in a specific agreement, by making a contribution to SYMBIOZA through a donation, the donor accepts to comply with these general terms and conditions.
• In case of contradiction between these T&Cs and a specific written and signed agreement, the terms of the specific agreement shall prevail.
• Should any specific clause included in these T&Cs be found to be invalid or non-applicable, the other provisions of the T&Cs will remain in full force and effect.

2. ESSENTIAL CHARACTERISTICS OF THE SERVICE

The partner donates funds for planting one or more trees as parts of projects promoted by SYMBIOZA. SYMBIOZA shall, on its behalf or on behalf of third parties, organize the planting service requested by the donor.

Since the object of the transaction consists of a service, the donor will not physically receive anything arboreal, in fact, the trees are exclusively planted within the land involved within the projects approved and supported by SYMBIOZA, but not in land(s) available to the donor. As a result, the donor cannot boast nor claim any ownership rights over neither the trees requested for planting nor the parts of the trees.

In case the donation includes lands, or the purchase of lands, or a forest, the trees and the lands/forests are again property of SYMBIOZA. As a result, the donor cannot boast nor claim any ownership rights over neither the trees requested to plant on the donated lands/ forest nor any part of the trees or products or on the donated land/ forest itself.

The donor will have no claims with respect to the timing, place and method of planting of the trees.

The partner, through the execution of the donation order, declares to have read and accepted the general terms and conditions set forth below and agrees to observe and respect them in its relations with SYMBIOZA or third parties as part of the service in question.

The information about the donation will be send to the donor via e-mail.

In light of the nature of the service, by accepting this contract, the donor agrees to its immediate execution, meaning SYMBIOZA may immediately proceed with the requested planting.

SYMBIOZA reserves the rights to outsource the work related to the donation to third parties.

3. DONATION PAYMENT TERMS AND CONDITIONS

Please refer to SYMBIOZA’s Donation payment terms and conditions for all information about methods and rules for payment. 

In specific cases, when the partner wants to donate funds to SYMBIOZA, which exceed a total value of EUR 15 000 the applicable law is Directive (EU) 2015/849 of the european parliament and of the Council from May 20, 2015 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, amending Regulation (EU) № 648/2012 of the European Parliament and of the Council and repealing Directive 2005/60 / EC of the European Parliament and of the Council and Commission, Directive 2006/70 / EC andthe Bulgarian Anti-Money Laundering Measures Act. The legislation contains comprehensive requirements regarding partner identification, record keeping and mandatory reporting. These requirements are embedded in our donors on-boarding process.

Based on the above mentioned legislation, if the donation or donations is/are equal to or greater than EUR 15 000 SYMBIOZAwill require additional documents from the donor in accordance with the Foundation's Internal Rules based on the Control and Prevention of  Money Laundering and Funding of Terrorism and Anti-Money Laundering Measures Act in order to confirm the detailed identity information. The donor has to submit origin of funds declaration, according to the applicable laws.

The donor understands and acknowledges that the failure to timely provide satisfactory evidence or information may result in cancelation of the donation. In this case SYMBIOZA will refund the donation under the conditions described in section IV – Refund policy of Donation payment terms & conditions.

SYMBIOZA confirms that it will hold all information the donor provides under this clause securely and that this information will only be used for the purposes of regulatory compliance, prevention or detection of fraud, as described in section 1 Personal Informationof SYMBIOZA’s Privacy Policy.

INTRODUCTION

All prices and benefits are available on the site in the section Donate now.

Symbioza reserves the right, at any time and for the purposes of the main activity, to change:

• the unit price for afforestation of the trees;
• the amount and type of benefits, bonuses and discounts provided to the donor;
• all tariffs and conditions announced on the Website.

SYMBIOZA confirms that it will hold all information the donor provides under this clause securely and that this information will only be used for the purposes of regulatory compliance, prevention or detection of fraud, as described in section 1. Personal Informationof SYMBIOZA’s Privacy Policy.

4. IMPLEMENTING RULES

The donor indicates the desired amount of funds he wants to donate to SYMBIOZA. The site automatically generates the number of trees that will be planted in connection with the donation. SYMBIOZA shall, on its behalf or on behalf of third parties, provide the planting service requested by the donor within one year.

These time frame may vary depending on the conditions and seasonal cycles of the areas where the planting projects are implemented. SYMBIOZA is not responsible for the loss of planted trees.

5. FORCE MAJEURE

SYMBIOZA is exempt from all responsibility for the total or partial non-performance of any obligations set forth in the payment terms and conditions, if such failure is caused by unpredictable events and/or natural events outside of its control and its responsibility, including, but not limited to, natural (disasters) events, unsuitable climatic conditions, acts of terrorism, wars and riots, etc.

6. IT PROCEDURES

In order to request the planting service online (on its behalf or on behalf of third parties as part of the "give a tree" service), the donor has to choose the country, from which to make a donation, to enter his full name or legal name and legal ID,if you donate as a Legal entity and an e-mail adress and to confirm to have read and accepted the Information on the processing of Privacy Policy.

As mentioned above in point 4 the donor indicates the desired amount of funds he wants to donate to SYMBIOZA. The site automatically generates the number of trees that will be planted in connection with the donation. The site also generates the amount of carbon dioxide, which corresponds to the number of trees planted. Information on the amount of  trees corresponding to the donated amount is automatically generated on the site.

When the donor selects the "give a tree" option, he has to specify the name and e-mail address of the recipient of the gift and the date of delivery (via e-mail).The recipient of the gift will then receive by e-mail the gift certificate with details of the donation made in his name.

If the donor wants to donate lands or forests, he will need to specify an information about the lands or forests. After this a representer of SYMBIOZA is going to contact the donor if the lands or forests meet the purpose of SYMBIOZA.

For his donation, the donor receives a certificate at the email address he has provided.

7. SYMBIOZA`S INTELLECTUAL PROPERTY

SYMBIOZA expressly reserves all intellectual rights, and the Website and its content are protected by all relevant laws governing intellectual property. SYMBIOZA retains all rights available under BG 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 Website, except to the extent specifically stated otherwise in these Terms and Conditions.

Nothing on the Website can be exploited, reproduced, distributed, modified, republished, assigned, or transformed without the SYMBIOZA’s express written approval. Access to the Website does not grant you any right or title to any of the intellectual property contained on the Website or to any of its contents, except to the extent stated otherwise in these Terms and Conditions.

The right to use the SYMBIOZA`s logo or parts of it can be obtained only after sending an official written request and explicit consent from SYMBIOZA. The requests can be sent to the e-mail address: info@symbioza.org. After sending the request, an authorized representative of SYMBIOZA will contact you.

The right to use SYMBIOZA`slogo does not mean the right to own the logo.

We have exclusive ownership of SYMBIOZA`s logo.

SYMBIOZA will monitor the Website and protect all of its intellectual rights diligently and with all appropriate resources available to it under the Bulgarian law (and any other applicable law), reserving the right to pursue any and all available legal options.

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

8. PRIVACY POLICY

SYMBIOZA commits to respect the privacy of its donors' data, in compliance with the applicable law and regulations. Please refer to data privacy policy for all information about SYMBIOZA’s practices related to the donor’s personal data. Privacy policy.

9. INFORMATION AND COMPLAINTS

For information and clarifications about the terms and conditions of services, as well as any complaints, donors can contact SYMBIOZA by e-mail writing to info@symbioza.org.

10. CHANGE TO THIS T&Cs

SYMBIOZA reserves the right to amend the present T&Cs at any time. The “Effective Date” legend at the top of this page indicates when this T&Cs was last revised. Any changes to this T&Cs will become effective when we post the revised T&Cs on the Website. Your continued use of the Website following these changes means that you accept the revised T&Cs.

11. APPLICABLE LAW

Any dispute arising from or in connection with the present T&Cs shall be governed by, and construed in accordance with the laws of  BG and shall be submitted to the exclusive jurisdiction of the courts of  Sofia.