Terms & Conditions and Privacy Policy

The Gaia Foundation: Registered Charity number 327412

Registered Charity Address: 6 Heathgate Place, Agincourt Road, Hampstead, London, NW3 2NU, ENGLAND

Access to and use of this website (https://gaiafoundation.nb2.giantpeachtest.com) is provided by The Gaia Foundation.

Copy/Distribution Terms

The Gaia Foundation does not recognise or enforce copyright on its work unless relating to specific photographs where the photographer is named. In such cases please email info@gaianet.org to confirm use of the photograph; photographers must always be acknowledged.

You are free to copy, translate and distribute any material authored by Gaia on this website. We only ask that the original source be acknowledged and that a sample of your reprint, repost or translation be sent to: info@gaianet.org or The Gaia Foundation, 6 Heathgate Place, Agincourt Road, London, NW3 2NU. England.

The Website may contain links to other websites. These links are provided for your convenience and The Gaia Foundation has no control over such websites, nor is it responsible for their content.

Terms of use

This website gaiafoundation.nb2.giantpeachtest.com (our “website”) is a website of The Gaia Foundation (“Gaia”, “our”, “us” or “we”).

1. Acceptance of terms

This page (together with the documents referred to on it) (these “Terms”) details the terms on which you may use our website. Please read these Terms carefully before you start to use the website. By using our website, you indicate that you accept these Terms and that you agree to abide by them. IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT USE OUR WEBSITE.

2. Information about us

1. We operate the website gaiafoundation.nb2.giantpeachtest.com. The Gaia Foundation is a charity registered in England and Wales under number 327412, having its registered office 6 Heathgate Place, Agincourt Road, Hampstead, London, NW3 2NU, ENGLAND.

3. Accessing our website

Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice (see below). We will not be liable if for any reason our website is unavailable at any time or for any period. We may at our sole discretion terminate your access to some or all of our website or the services provided by it with or without notice.
From time to time we may restrict access to some parts of our website, or our entire website.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and keep it secure, and you must not disclose it to any other person or entity.
We have the right, at any time without notice, to disable any user identification code, login or password, whether chosen by you or allocated by us if in our opinion you have failed to comply with any of the provisions of these Terms.
You are responsible for all activities that occur under your account, login or password (including, without limitation, all orders placed through your account). Please inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
When using our website, you must comply with our Acceptable Use Policy, details of which are set out in paragraph 4 below. You are responsible for making all arrangements necessary for you to have access to our website.

4. Acceptable Use Policy

You may use our website and services only for lawful purposes. You may not use our website or the services we provide:
1. in any way that breaches any applicable local, national or international law or regulation;
2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
3. for the purpose of harming or attempting to harm anyone in any way;
4. in any way to send unsolicited (commercial or otherwise) e-mail (“Spam”) or any material for marketing or publicity purposes, or any similar abuse of either;
5. to send, knowingly receive, upload, download, publish, post, distribute, disseminate or otherwise transmit, use or re-use any material or information which is inaccurate, illegal, defamatory, offensive, infringing, obscene, indecent, unsolicited, unauthorised or otherwise unlawful or objectionable or which may expose you or us to legal action or reputational damage, or procure any of the foregoing;
6. to threaten, harass, stalk, abuse, disrupt, or otherwise violate the rights (including rights of privacy and publicity) of, others; or
7. to send or upload any material or knowingly transmit any data that is corrupt or contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree not to:
1. reproduce, duplicate, copy, re-sell or otherwise use any part of our website in contravention of the provisions of these Terms;
2. obtain or attempt to obtain unauthorised access to, through whatever means, interfere with, damage or disrupt: any part of our website or the services; any other services or computer systems, equipment or software used in the provision of our website; any areas of our, or any of our partners’ networks which are identified as restricted, or do anything which may interrupt or impair their functionality;
3. contribute material to the website which does not represent your own personal views;
4. modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this;
5. make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (e.g. names/addresses) without their prior consent;
6. add links to our website to other websites unless you are sure they do not contain material which is illegal, defamatory, offensive, infringing, obscene, indecent, unsolicited, unauthorised or otherwise unlawful or objectionable or which may expose you or us to legal action or reputational damage, or procure any of the foregoing;
7. impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or e-mail address or try to mislead us or others as to the identity or origin of any communications or to provide inaccurate or unreliable contact details; or
8. falsify the true ownership of software or other material or information contained in a file made available via our website or the services.

Whenever you are asked to provide information in connection with the website or the related services, you agree to provide true, accurate, current and complete details. It may not be possible to provide you with the services if you do not provide the minimum mandatory information required. You do not have to provide us with any optional information requested. Please notify us immediately of any changes in any information you provide to us which we designate as mandatory.
We will determine, at our discretion, whether there has been a breach of this acceptable use policy through your use of our website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this clause 4 constitutes a material breach of these Terms and may result in our immediate, temporary or permanent withdrawal of your right (if any) to use our website and/or the services or of any posting or material uploaded by you to our website, legal action against you and/or disclosure of such information to law enforcement authorities as we reasonably feel is necessary. The responses described are not limited, and we may take any other action we reasonably deem appropriate.

5. Intellectual property rights

We are the owner or the licensee of all copyright and other intellectual property rights in our website (including without limitation any HTML source code) and in the material (including photographs, graphics, text, images, sounds, video and other media) and information published on it, including any software. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Except as provided in these Terms or permitted by law, neither our website, nor such material or information (or any part(s) thereof) may be used, transmitted, copied, reproduced, distributed, republished, downloaded (except for page caching as required to view our website on the Internet in accordance with these Terms), modified, displayed, posted, adapted or decompiled in any form or by any means. For example, you must not make a collection of any product listings, descriptions or prices; make derivative use of our website or its contents; download or copy account information for the benefit of another merchant; or use data mining, robots or similar data gathering and extraction tools.
You must not use any part of the materials or information on our website for any commercial purpose.
You may print off material and download extracts of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to material posted on our website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way.
Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.

6. Trademarks, service marks and trading names

All page headers and logos appearing on this website (unless otherwise noted) belong to us or their respective owners and you agree not to display or use (or misuse) the same in any manner or display or use (or misuse) logos without our or the respective owner’s prior written permission.

7. Reliance on information posted

Commentary and other information or materials (including without limitation text, photographs, graphics, links and other items, whether incorporated in advertising materials, materials relating to us, or our products or services or those of any other person, company or entity or otherwise) posted on our website are not intended to amount to advice on which reliance should be placed and are provided without any representation or warranty of any kind and to the exclusion of all conditions and other terms which might otherwise by implied by statute, common law or the law of equity. You acknowledge that such commentary, information and/or materials may contain inaccuracies or errors. To the maximum extent permitted by law, we disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website or use of the services, or by anyone who may be informed of any of its contents. By using our website and/or the services you confirm you have not relied on any content contained on our website.

8. Our website changes regularly

We aim to update our website regularly, and may delete, suspend, revise or otherwise change the content and/or services it provides at any time (or any part thereof) without notice in our sole discretion. We may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.

9. Our liability

Our website, and the material and information displayed on it is provided “as is” without any guarantee, condition, representation or warranty of any kind, express or implied, as to the operation of our website, the accuracy of the information or the products or services referred to on our website.
To the fullest extent permitted by law, we, our employees and all third parties connected to us hereby expressly exclude:
1. all warranties, conditions, terms, undertakings and obligations which might otherwise be implied by statute, common law, custom, trade usage, course of dealing or otherwise;
2. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials or information posted on it, including, without limitation any liability for:
  1. loss of income or revenue;
  2. loss of business;
  3. loss of profits or contracts;
  4. loss of anticipated savings;
  5. loss of data;
  6. loss of goodwill;
  7. wasted management or office time;
  8. delays or failures you may experience in initialising, conducting or completing any transmission or transactions in connection with our website; and
  9. actions taken in response to breaches of our Acceptable Use Policy; and
3. any liability for any other loss or damage of any kind, however arising and whether direct or indirect, and whether arising in tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in these Terms affects our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
Any reference in these Terms to an exclusion or limitation of liability by us includes without limitation an exclusion or limitation (respectively) of liability in tort, including negligence and breach of statutory duty, unless otherwise stated.
You agree that these Terms, and in particular the limits on our liability and obligations, are fair and reasonable and that your sole remedy is to stop using the website. If any exclusion or limitation of liability by us set out in these Terms is found to be invalid or unenforceable for any reason, or if we are otherwise found liable under these Terms, our total aggregate liability will be limited to £50.

10. Indemnity

YOU AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS US, OUR EMPLOYEES AND ALL OTHER THIRD PARTIES CONNECTED TO US (INCLUDING WITHOUT LIMITATION OUR AGENTS AND REPRESENTATIVES) FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES SUFFERRED OR INCURRED, INCLUDING WITHOUT LIMITATION LEGAL FEES, AND ANY AND ALL DEMANDS, CLAIMS, ACTIONS OR PROCEEDINGS WHICH ARE BROUGHT OR THREATENED, IN EACH CASE ARISING OUT OF OR IN CONNECTION WITH ANY BREACH BY YOU OF THESE TERMS, THE CONTENT YOU SUBMIT, POST OR TRANSMIT TO OR VIA, AND/OR ANY MISUSE USE BY YOU OF, OUR WEBSITE AND/OR THE SERVICES. WE MAY RECOVER SUCH AMOUNTS FROM YOU ON BEHALF OF THE PERSONS MENTIONED ABOVE.

11. Information about you and your visits to our website

We reserve the right to monitor and track your visits to our website.

12. Transactions concluded through our website

Unless otherwise expressly agreed by us in writing, all contracts for the supply of goods and/or services formed through our website or as a result of visits to our website made by you are governed by our separate TERMS AND CONDITIONS OF SUPPLY.

13. Contributing material to our website

Whenever you contribute or post material to our website (including but not limited to by way of uploading, exhibiting, publishing, submitting, sending via electronic means or providing orally or via video), you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
If you post or contribute any material (including without limitation all photographs, graphics, text, images, sounds, video and other media) to our website, you agree to grant us a perpetual, irrevocable, royalty-free, transferable, assignable, sub-licensable (by multi-tier) licence to use that material as we see fit without notice to you unless otherwise agreed in writing between you and us. Any such material will be considered non-confidential and non-proprietary, and you warrant that such is the case and that we have the right to use, copy, distribute and disclose to third parties any such material for any purpose free of any intellectual property and moral rights to the extent permissible by applicable law. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted or contributed by you or any other user of our website.
We have the right to remove any material or posting you make on our website if, in our opinion, such material does not comply with these Terms & Conditions.
While certain precautions have been taken to detect computer viruses and ensure security, we cannot guarantee that our website and the services are virus-free and secure. We shall not be liable for any loss or damage which occurs as a result of any virus or breach of security, including without limitation any distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it. You shall therefore be responsible for protecting your computer systems from exposure to viruses by the use of anti-virus software, firewalls and any other technical measures necessary. We give no warranties as to the compatibility of our website or the services with your computer systems, software and/or hardware.
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack or in any other way.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

14. Linking to our website

You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part if none exists.
You must not establish a link from any website that is not owned by you.
Our website must not be framed on any other website. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms.
If you wish to make any use of material on our website other than that set out above, please address your request to info@gaianet.org.

15. Links from our website

Our website includes links to other third party websites or resources. These links are intended to provide further information only and are not intended to signify that we or any of our partners or any other related third party endorses such websites and/or resources or related products or services or is in any way affiliated with the linked websites or have investigated, verified or monitored any of them.
Such linked websites or resources are independent from our website and we have no control over their content. We have no responsibility for the content of any linked website or resource, its use or the products and/or services made available through it or for any loss or damage that may arise from your acquisition or use of any of them. It is your responsibility to check the terms and conditions of any other websites or resources you may visit and you use them and the products and/or services made available through them at your own risk.

16. General

Each of the provisions of these Terms (or part of any provision) is severable. If any such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect or impair the legality, validity or enforceability in that jurisdiction of the other provisions (and the provision itself shall apply with the minimum modification necessary to make it legal, valid and enforceable), or of that or any provision in any other jurisdiction.
A failure or delay by us in enforcing compliance with any provision of these Terms shall not be a waiver of that or any other provision of these Terms. None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party. You may not assign any of your rights or obligations under these Terms. The headings used in these Terms are for convenience only and shall not affect interpretation. In these Terms, unless specified to the contrary, use of the singular is deemed to include the plural, use of any gender is deemed to include every gender and any reference to a person is deemed to include a corporation, a partnership and any other body or entity, and (in each case) vice versa.

17. Entire agreement

These Terms constitute the whole and only agreement and understanding between you and us in relation to its subject matter and the use of our website. Except in case of fraud, all previous agreements, understandings, undertakings, representations, warranties, promises and arrangements of any nature whatsoever between you and us with any bearing on the subject matter of these Terms or your use of our website are superseded and extinguished, except insofar as any such thing is expressly stated in these Terms (together with the documents referred to in these Terms).
You acknowledge that you have not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Terms.
Our rights and your obligations under these Terms and the other documents referred to in these Terms are cumulative.

18. Variations

We may revise these Terms (including the Acceptable Use Policy) at any time. Please review this page regularly to take notice of any changes we make in these Terms, as they are legally binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our website.

19. Jurisdiction and applicable law

The English courts will have exclusive jurisdiction to hear and determine or otherwise settle any claim, suit, dispute or action arising out of or in connection with these Terms or their subject matter or a visit to our website or use of the services, although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.You agree that any notices and other communication (even those that would normally be required to be given in writing) may be given by us by e-mail or posted on our website and this will comply with any legal requirement for such communications to be in writing. You also agree that any notice or other communication made in such manner will be deemed received by you one hour after e-mail or posting.

20. Your concerns

If you have any concerns about material which appears on our website, please contact info@gaianet.org.

Privacy Policy

The Gaia Foundation values your privacy and will always comply with data privacy and security legislation, namely the Data Protection Act (UK, 1998), and from 25 May 2018, the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679). The Gaia Foundation is the Data Controller for information we hold about you.

We will not sell, share or transfer personally identifiable information collected via this website, or by any other means, to a third-party unless we are required by law to do so. The Gaia Foundation will only utilise personal information in a manner authorised by the provider and for internal administrative purposes. All personal information given to and held by The Gaia Foundation is securely stored and access to it is password protected.

We collect and protect data from our beneficiaries, partners and supporters in developing countries, in Europe and around the world.

If you have provided it, and it is relevant for us to retain it, then we will hold the following data about you: name; email address; phone number; address; your consent (or not) to receive direct marketing by email, mail and phone; your gift aid eligibility; donations you have made to us; your attendance at The Gaia Foundation events; and any relevant partner organisations you are associated with.

We use your data to contact you for administrative purposes, and to tailor our communications to suit your preferences. For example, if you have made a donation, we may contact you in future about other ways you can support our work, provided we have the proper permission to do so.

If you make a donation using our secure online donation page the transaction is processed by a third party processor (PayPal), who specialise in the secure capture and processing of credit/debit card transactions (and direct debits). If you give us financial data to make a donation by post or by phone we will never enter or store that information on our own system.

How to control your personal data and communications

It is easy for you to unsubscribe. You can update or withdraw your consent at any time, for individual channels of communication (phone, email, mail), or for all channels:

email info@gaianet.org
phone 0207 428 0050
write to us: The Gaia Foundation, 6 Heathgate Place, Agincourt Road, London, NW3 2NU

The Gaia Foundation collects data about our donors from trusted third-party sites, for example, the Charities Aid Foundation. We will update your contact preferences if you ask us directly, rather than through third-party sites.

If you believe that the information we hold about you (or any part of it) is incorrect or incomplete, please advise us.

Under data protection legislation you have the right to:

ask us not to process your personal data.
ask us to provide a copy of the personal data that we hold about you (we will only send requested personal information if we can verify your identity).
ask us to remove all the data we hold about you.