Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using https://www.conservationguide.org (“the Platform”) operated by The Conservation Guide LTD (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Platform at https://www.conservationguide.org. By accessing or using the Platform in any manner, including, but not limited to, visiting or browsing the Platform or contributing content or other materials to the Platform, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
2. Service Description
We operate a web platform and community marketplace that connects Conservationists with environmental opportunities/experiences, and organisations, so that they can more easily find and work with one another in an effective and ethical way. Conservationists, non-profit organisations and/or social businesses can create, list, discover, apply to and/or reserve/book opportunities, positions, and/or events (“Experiences”) around the world.
3. Rights to amend the site
We reserve all rights to amend the site in whatever manner we see fit and without prior notice.
4. Registration To the Platform
By registering to the Platform, you a) agree to enter, maintain and update all information correctly and b) make sure all information is accurate, up to date, truthful and complies with the laws of your country. We cannot and do not control the content contained in any user profile, Experience listing, opportunity position and/or event or the condition, legality or suitability of any content posted on the Platform by or on behalf of a third party. By registering to the Platform, you grant us the right to use any information (“Personal Information”) you have provided to us in any manner permitted by law. However, we will not sell or give away your Personal Information to anyone other than Organisations for the purposes of introducing, booking, or otherwise arranging Experiences.
5. Conservationist Account
“Conservationists” are Platform users who register to the Platform using a “Conservationist Account” and use their account to apply or book Experiences listed on the Platform.
6. Organisation Account
Organisation Account Managers are Platform users who register to the Platform using an “Organisation Account” and use their account to create, list and sell Experiences on the Platform.
It is not necessary for the Organisation to have direct ownership or control over the Experience in order to sell it. However, they must have expressly written permission to sell the Experience from the Experience operator and be able to provide this if requested by us.
Two or more Organisations may not list or sell the same Experience on the Platform at any one time.
In cases of conflict, first priority to list and sell the Experience on the Platform will be given to the Organisation who has direct ownership or control of the Experience; second priority will be given to the Organisation who originally listed the Experience on the Platform.
7. Account creation
Successful submission of the signup form constitutes your agreement to these Terms & Conditions.
An email containing a verification link is then sent to the email account the user used to sign up. The user must click this verification link to activate and gain access to his or her account.
8. Obligations and responsibilities for your account and uploaded content
The user shall be responsible for the security of his/her own personal account and that all information is up to date. All information provided by the user shall be deemed correct and complete at any time. The user agrees to keep his/her account private and secure and prevent the use of his/her account by third parties.
The user is wholly responsible for all the content he or she uploads to the Platform.
It is the user’s responsibility to ensure he or she has the appropriate rights and permissions to use any copyrighted content he or she uploads to the Platform.
The Platform is under no obligation to check uploaded content for copyright infringements and is in no way responsible for any copyright infringements resulting from content published on the site by the user.
Reviews may only be written by Conservationists who have participated in the Experience being reviewed.
We reserve the right to edit or remove, partially or wholly, any information or content uploaded onto the Platform that is adjudged by the Platform, in its sole discretion, to be poor quality, incorrect, inaccurate, irrelevant, misleading, illegally obtained, distasteful, discriminatory, extremist or offensive.
We reserve the right to ban, temporarily or permanently, any user from the Platform at any time without the need to provide any reason.
9. Payment for Experiences
For all bookings made via the Platform, we charge a Commission Fee equal to 10% of the total price (“Booking Price”) for the Experience (including but not limited to taxes, transport, bank fees and other costs) agreed by the Conservationist and the Organisation at the time of booking.
When a Conservationist wishes to purchase an Experience they have found on the Platform, he or she must make a booking request to the Organisation via the Platform.
Following a booking request, the Organisation then carries out its own screening process. We have no responsibility for or control over the Organisation’s screening process, though they may use features provided by the Platform to screen Conservationists.
Subject to completion of the Organisation’s screening process, the Organisation must only accept the Conservationist’s booking request on the Platform and not by any other means.
Payment of the Commission Fee is payable by the Conservationist and is due immediately after the Conservationist’s booking has been accepted by the Organisation on the Platform, which creates a binding contract between the Organisation and the Conservationist.
A link is then sent via email to the Conservationist, which takes him or her to a payment page on the Platform.
On the payment page the Conservationist enters his or her payment information.
Payment on the Platform can be made by credit or debit card, or Paypal.
The Conservationist completes the booking via the payment page by paying us the Commission Fee.
The Conservationist and the Organisation must then complete the payment of the remaining 90% of the Booking Price on terms agreed between these two parties during their screening process.
Payment of the remaining 90% of the Booking Price must take place outside of the Platform. The Platform has not responsibility for collecting or enforcing payment of the Booking Price.
10. Payment obligations
When any contact between the Conservationist and the Organisation is made via the Platform, or as a result of use of the Platform, and results in a booking completed outside of the Platform, the Organisation agrees to pay the Platform the Commission Fee specified in paragraph 9 within five London business days of the booking being made.
The Organisation must, wherever possible, use the Platform's functionality to complete the booking. Failure to do will constitute a serious breach of these Terms and Conditions which shall entitle us to extraordinary termination of the usage agreement.
If the Experience is also sold by the Organisation on other websites or platforms, including their own, the Organisation may not specify a Booking Price on the Platform that is higher than those on other websites or platforms.
11. Flexible deposits and refunds
The Commission Fee is non-refundable for any reason, except in extreme cases where the Organisation has been forced to cancel the Experience for reasons beyond its control (force majeur).
If the Conservationist has paid us the Commission Fee for an Experience but for any reason eventually decides not to participate in the Experience, then they are entitled to reuse the original Commission Fee as the Commission Fee for a different Experience purchased via the Platform.
If the Commission Fee of the new Experience is a higher price than the original Commission Fee, the Conservationist must pay the difference in applicable Commission Fee.
If the Commission Fee of the new Experience is lower in price than the original Commission Fee, the Conservationist is not entitled to any refund of the difference in applicable Commission Fee.
If the Conservationist has already started the Experience but for any reason can no longer participate, they are entitled to reuse the original Commission Fee as the Commission Fee for a different Experience purchased via the Platform, minus the percentage of days already participated in the original Experience.
If the Conservationist has already paid some or all of the remaining 90% of the Booking Price to the Organisation, the Platform has no responsibility for any refunds. They shall be governed by the agreement between the Conservationist and the Organisation.
12. Liability of the Platform for Experiences
We try hard to ensure all Organisations and Experiences on the Platform conduct themselves according to satisfactory conservation, ethical and safety policies.
However, under no circumstances do we guarantee the enjoyment, satisfaction, health or safety of any Conservationist undertaking an Experience listed on or booked via the Platform. Equally, we are not responsible for any misrepresentation or misdescription by the Organisation of any aspect of the Experience.
We are not liable for any damage, loss, personal injury, illness or death resulting from an Experience listed on or booked via the Platform.
We strongly advise that the Conservationist purchases adequate travel, medical and other insurance that fully covers them and their possessions for the entirety of the Experience and any activities conducted therein.
13. Links To Other Platforms
14. Intellectual Property
The Platform and its original content, features and functionality are owned by The Conservation Guide Ltd. and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Information, trademarks, brand names, designations and other contents belonging to the Platform may not be changed, copied, duplicated, sold, leased, exploited, supplemented or otherwise used without prior written authorisation by us.
We may terminate your access to the Platform, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
16. Limited License
We grant you a non-exclusive, non-transferable, limited license to use the Platform in accordance with this Agreement.
17. Limitation Of Liability
In no event shall The Conservation Guide Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Platform, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney’s fees, arising from your violation of any third-party’s rights.
18. Warranty Disclaimer
Your use of the Platform is at your sole risk. The Platform is provided on an “as is” and “as available” basis. The Platform is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. The Conservation Guide Ltd, its subsidiaries, affiliates, and its licensors do not warrant that a) the Platform will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Platform is free of viruses or other harmful components; or d) the results of using the Platform will meet your requirements.
19. Governing Law
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of England and Wales. Each Conservationist and Organisation hereby submits to the non-exclusive jurisdiction of the English courts.
20. Changes To This Agreement
We reserve the right, at our sole discretion, to modify the Platform or to modify any and all of our Terms, including the Commission Fees at any time and without prior notice.
We will notify all users of the site of any changes to this agreement via email.
Your continued use of the Platform after any such changes constitutes your acceptance of any modification. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Platform or discontinue any use of the Platform immediately.
Updated document with entirely new terms including payment and refund mechanisms