These terms and conditions, together with the privacy policy available at https://natureneedsmore.org/privacy-policy/ (the “Privacy Policy” and, collectively with these terms and conditions, the “Terms”), govern your use (whether as a registered member or donor or otherwise) of the Website (as defined below) and your relationship with the Nature Needs More Ltd, ABN 85 623 878 428 (“NNM”). Please read these Terms carefully.
By registering as a Member with, or donating to, NNM, or by using the Website, you confirm that you agree with these Terms and these Terms will form a contractual agreement between you and NNM. If you have any questions regarding these Terms, please email NNM at info@natureneedsmore.org. If you do not agree to these Terms, you should not use the Website, register as a member with, or donate to, NNM.
These Terms were created on 12 March 2018. NNM may modify, vary, amend or supplement these Terms from time to time. You are responsible for reviewing the latest version of these Terms when you access the Website or when registering as a member with, or donating to, NNM. The latest version of these Terms will govern any future usage by you of the Website or any donations and registrations. Copies of the latest version of these Terms will be available on the Website and upon request.
Every time you wish to use the Website or donate to NNM, please check these Terms to ensure you understand and agree with them. These terms and conditions were last updated on 12 March 2018.
Definitions and Interpretation
In these Terms the following definitions have the following meanings:
“Donation” means a donation from a Member or non-Member to NNM;
“Basic Income for Conservation Fund” means a fund established by NNM exclusively for the purpose of trialling a basic income linked to conservation outcomes in Zimbabwe;
“Fund Recipients” means enrolled participants in the basic income linked to conservation trial in Zimbabwe;
“Member” means a donor who makes a recurring donation to NNM via our Global First 5000 platform in support of its basic income linked to conservation trial; and
“Website” means the website and webpages hosted under the parent domain ‘natureneedsmore.org’ and any subdomains, including but not limited to natureneedsmore.org.
In this Agreement (except where the context otherwise requires):
· any reference to a paragraph, unless the context otherwise requires, is to the relevant paragraph of these Terms;
· the headings of these Terms are included for convenience purposes only and shall not affect the interpretation of these Terms;
· use of the singular includes the plural and vice versa;
· any reference to “persons” includes natural persons, firms, partnerships, companies, corporations, limited liability companies, associations, organisations, governmental authorities, foundations and trusts (in each case whether or not having separate legal personality);
· any reference to a statute, statutory provision or subordinate legislation shall, except where the context otherwise requires, be construed as referring to such legislation as amended and in force from time to time and to any legislation which re-enacts or consolidates (with or without modification) any such legislation;
· any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
· reference to “writing” or “written” includes email.
About NNM
NNM is a non-profit public company limited by guarantee and a registered charity founded in 2017 with the main charitable object of finding, designing and trialing innovative solutions to curb the illegal international wildlife trade. NNM is registered with the Australian Charities and Not-for-profits Commission.
As part of its objectives, NNM is committed to running a trial of a basic income linked to conservation outcomes in Zimbabwe. The trial will test the central hypothesis that paying communities that border a protected wildlife area a basic income will stop or significantly reduce poaching. We have set up a Basic Income for Conservation Fund to collect donations exclusively for this trial and Donations by Members of the Global First 5000 go exclusively to this fund.
In addition, NNM collects donations via its Website for other projects, such as our demand reduction campaigns.
Making a Donation
All Donations by Members are donations to NNM in support of the Basic Income for Conservation Fund. NNM will deal with the Donations, including payment to Fund Recipients in accordance with these Terms.
Members make Donations through the ‘Global First 5000’ platform online via the Website, by way of PayPal payment. If making a Donation online via the Website, a Member must provide the following information on the donation page of the Website: their name, email address and country of residence. The Member may then proceed to make their Donation through the Website by way of any of the payment methods listed on the Website;
A Member agrees to set up a Recurring Donation to NNM over a period of 2 years in support of its Basic Income for Conservation Fund through the above methods. If the basic income linked to conservation trial does not go ahead due to lack of funding, NNM will donate all funds received from Members to the basic income trial conducted by GiveDirectly (https://givedirectly.org) in Kenya.
Recurring Donations will continue until the Member cancels the Donation by cancelling the relevant recurring payment method on the Website or when the 2-year period expires. Members can renew their membership at that time and continue to make recurring Donations.
Non-Members can also make donations to NNM via our Website. Those donations will be allocated to our other projects as determined by the board from time-to-time. Donations are made via PayPal and no personal information is collected by our Website for these donations.
NNM may refuse to process any transactions (made through the Website or otherwise) for any reason it may decide is appropriate (at NNM’s absolute discretion), including, if in its opinion:
· such transactions are unlawful and/or related to fraudulent activities (and NNM shall report any unlawful or fraudulent activity to the appropriate authorities);
· such transactions have not been properly authorised by the relevant persons;
· the information provided to NNM in respect of such transaction is untrue and/or incorrect; or
Processing Donations
NNM does not charge any fees to Members in respect of Donations, other than any transaction fees incurred when a Donation is made (which will be deducted from the amount of the Donation before being transferred to the Basic Income for Conservation Fund).
NNM will only make funds available to Fund Recipients once the minimum threshold for a viable basic income linked to conservation outcomes trial has been achieved. At present, NNM believes that it will need to raise USD $5 million from Members and other donors for the trial to go ahead. Should this amount change, it will be communicated to Members via email and on our Website.
NNM will use funds raised from Members to fund activities directly linked to establishing the basic income trial, such as trial design, negotiating partnerships and designing the research component of the trial. There is currently no fixed timeframe within which NNM will conduct the basic income linked to conservation outcomes trial.
To the extent permissible under applicable law, NNM accepts no responsibility or liability to Members for the manner in which Fund Recipients use any funds received from NNM. NNM does not warrant that Donations will be used by Fund Recipients for any particular purpose.
For all non-Member donations, those will be allocated to approved projects and general expenses in line with the normal operation of our organisation.
NNM reserves the right to change donation processes at any time in its absolute discretion and these Terms will be updated accordingly.
Refunds on Donations
Members are responsible for ensuring that their Donations are made in the intended amounts.
NNM will only be required to provide refunds of Donations where required to do so by law, or where there has been a technical error caused by the Website.
If you become aware of any payment error, please email NNM at info@natureneedsmore.org as soon as possible.
Tax Deductible Gift Recipient
Nature Needs More does not have DGR status in Australia.
Information, Security and Privacy
If you register an account with NNM, then you are responsible for protecting your login information, including your password, and for all use of your account. If you know or suspect that someone else is using your account without your permission, you must notify NNM as soon as reasonably possible by contacting info@natureneedsmore.org. If NNM has reason to believe that there is likely to be a breach of security or misuse of the Website, NNM may require you to change your login details. In extreme circumstances, your account may also be suspended.
NNM will process personal data in accordance with these Terms (including the Privacy Policy) and in compliance with applicable data protection laws in Australia.
NNM will not share your personal data with any third party other than as agreed by the Member and as set out in these Terms. For more information about how NNM uses data it collects from you, please refer to the Privacy Policy (natureneedsmore.org/privacy-policy).
Use of the Website
You must not use the Website for any of the following purposes:
· interfering with any other person’s use or enjoyment of the Website;
· misrepresenting your identity or affiliation with a Charity or any other person or organisation; or
· any other purpose which is unlawful or likely to harm NNM or bring NNM or any of its subsidiaries or affiliates into disrepute.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
When using the Website and making Donations you agree to act in accordance with applicable law.
Limitation of Liability
You agree that the Website is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, and except as expressly provided under these Terms, NNM excludes all representations, conditions, warranties and other terms in relation to the Website, whether express or implied.
NNM will not be liable or responsible for:
· any loss or damage that may result to you or any third party (including, but not limited to, any direct, indirect, or consequential loss or damage whether in tort, contract or otherwise), in connection with any content displayed on the Website or the use, or inability to use, the Website or any websites linked to the Website;
· any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs or data due to your use of the Website or to your downloading of any content on it, or any website linked to it; or
· any losses which are not reasonably foreseeable.
Nothing in these Terms shall limit or exclude NNM’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by NNM’s negligence, or any liability that cannot be limited or excluded under applicable law.
Third Party Websites
The Website may include links to other pages on the world wide web. Inclusion of a link to another website does not imply endorsement of its content or opinions. The Website does not make any warranty or guarantee in relation to the content on other such websites. NNM will not be liable for any loss or damage that may arise from your use of them.
Suspension or Termination
You may discontinue your use of the Website at any time and request that all of your personal data be deleted from NNM’s databases.
Any such request will be actioned by NNM within 15 business days following the request. However, some removed and deleted information may persist in backup copies for as long as is required to comply with relevant laws and regulations.
NNM reserves the right, in its sole discretion, to immediately and without notice, suspend or permanently deny your access to all or part of the Website and its associated services where you are in material breach of these Terms. This is including, but not limited to, where there is any actual or suspected fraudulent, criminal or improper use of the Website or associated services by you.
Intellectual Property
NNM or its affiliates own, or have the right to use, all content on the Website. Such content may be protected by copyright, trademarks, database and other intellectual property rights. No information or material on the Website can be copied, reproduced, downloaded, modified or distributed without NNM’s express written permission.
You may print off one copy, and may download extracts, of any pages at the Website (that you have the right to access) for your personal use but you must not alter them or remove any copyright or trademark notice.
Governing Law and Jurisdiction
These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of Australia and are subject to the exclusive jurisdiction of the Australian courts.
Notices
Notices must be in writing and, in the case of notices from you to NNM, may be sent to us by email at info@natureneedsmore.org. In the case of notices given by NNM to you, they will be sent by email using the most recent contact details provided by you to NNM.
Miscellaneous
You may not transfer your rights or obligations under these Terms to any other person or organisation. NNM may transfer its rights and obligations to another person or organisation without your consent, provided that NNM notifies you of the transfer within a reasonable amount of time following the transfer.
A person who is not a party to these Terms shall not have any rights to enforce any provision of these Terms as a third-party beneficiary.
If any provision of these Terms is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect.
If you have any queries regarding these Terms, please contact info@natureneedsmore.org.
These Terms set out the entire agreement and understanding between you and NNM in respect of the subject matter of these Terms. Each party acknowledges that it is not relying on, and shall have no remedies in respect of, any undertakings, representations, warranties, promises or assurances (whether made innocently or negligently) that are not set forth in these Terms. Nothing in these Terms shall exclude any liability for or remedy in respect of fraud, including fraudulent misrepresentation prior to entering into this Agreement.