TERMS & CONDITIONS

Effective from: 1st February, 2024

These The Earth Prize Terms & Conditions explain the rules that apply to your use of this website.

Please read this document carefully. If you do not agree with one or more statements that you find here, you should not use this website.

1. SOME GENERAL INFORMATION ABOUT US AND THIS WEBSITE

1.1 What is this website about? This website is used to invite you to participate in a global competition entitled ‘The Earth Prize’ and win our incredible environmental sustainability prize.

1.2 Owner of the website. This website (theearthprize.org) is owned and operated by us, The Earth Foundation. We have an address at Boulevard du théâtre 5, 1204 Genève, Switzerland. Our registration number is CHE-439.560.973. When you decide to start using this website, you enter into agreement with us stating that these The Earth Prize Terms & Conditions (we will call them “Terms” for the sake of simplicity) will govern your use of the website and you agree to comply with all rules stated in this document.

1.3 License to use the website. If you agree to these Terms, we grant you a worldwide, personal, revocable, non-exclusive, non-transferable and limited license to use this website.

1.4 Disclaimer. We regularly monitor the information available on this website to make sure that there are no mistakes or inaccuracies. However, we cannot guarantee that all information that you see on this website is always accurate, reliable, current, relevant, or complete.

1.5 Other websites. The website may contain links to other websites that are not owned by us (for example, you can find links to our social media networks). We are not responsible for the content of such websites (by “content”, we mean links, information, advertisements, security, and privacy) because the owners of those websites take care of that content. Also, these Terms do not apply to other websites. You should always be very careful before accessing other websites or clicking on any links that are not on our website.

1.6 Can this website be used by children?

• If you are older than 18, you can freely use this website.
• If your age is between 13 and 18, you have to ask your parent or another adult who is responsible for taking care of you a permission to use this website. You have to also make sure that you have read these Terms together with such an adult person and you fully understand them. If you do not understand any part of these Terms, please contact us and we will help you. We may ask your parent or the person who allows you to use the website to verify the permission.
• Children younger than 13 are not allowed to access this website.

1.8 What else should you read? In addition to these Terms, you should also read other documents that are important for your use of this website:

• Our privacy policy and cookie policy, which explain what we do with your personal data that you submit through the website;
• Our copyright policy, which explains how we protect our content and your input;
• The Earth Prize Official Rules;
• The Earth Prize Code of Conduct; and
• The Earth Prize Terms and Conditions

2. WHAT CAN’T YOU DO ON THE WEBSITE?

We want to make this website a pleasant and secure space for everyone. Therefore, whenever you use the website or submit your projects for The Earth Prize competition, you have to comply with our rules. If we see that someone does not comply with our rules, we will take measures to stop such behavior (for example, we can suspend or delete one’s account or report one to law enforcement authorities).

You are not allowed to use the website for any of the following activities:

• Infringing The Earth Prize Official Rules ,The Earth Prize Code of Conduct; and the Earth Prize Terms and Conditions
• Violating any laws;
• Committing cyber offenses like getting unauthorized access to machines, programs, or data;
• Engaging in fraudulent activities;
• Providing false, inaccurate, or misleading information;
• Spreading malware (e.g., viruses, worms, Trojan horses), spam, and other illegal materials;
• Disseminating information that can be perceived as ethnically, racially, or otherwise objectionable, sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful;
• Engaging in or encouraging obscene behavior;
• Spreading terrorism-related content;
• Causing troubles to the website like copying, distributing, renting, reselling, modifying, compromising, damaging its content, or disabling, impairing, and overburdening the website;
• Abusing other users of the website;
• Using bots, scripts, and other automated methods to access the website or scrape data from it; and
• Collecting and disclosing any information about other users of the website.

3. HOW TO REGISTER AND KEEP YOUR ACCOUNT?

3.1 Registration of your Account. In order to use the full functionality of the website (for example, to submit your project for The Earth Prize competition), you need to register a user account. There are three different types of user accounts. You must choose the account that is most suitable for you:

• If you are a student, you must register a student account (if you are between 13 and 18 years old, you are responsible for obtaining the necessary permissions as explained in section 1.7);
• If you are a parent of a student, you must register a parent account; and
• If you are a teacher, you must choose a teacher account.

All registered and verified users have access to:

• The Earth Prize Submissions Portal;
• The Earth Prize Mentorship Portal; and
• The Earth Prize Learning Platform

3.2 Your personal data. Before creating your account, you will be invited to read and accept these Terms and check our privacy policy. All personal data that you submit when signing up (for example, your name and email address) will be collected and used by us as explained in our privacy policy. You have to make sure that you are the sole owner of your account — you cannot transfer it to other persons. You are responsible for all activities, submissions, and communication occurring through your account.

3.3 Your warranties. By registering your account on the website, you promise the following:

• You will comply with these Terms and all applicable laws;
• You will provide only true, accurate, complete, and up-to-date personal data and other information;
• You will update your account as soon as there are changes in your information;
• If you represent a school or another organization, you are actually a part of it;
• You will not register more than one account; and
• You are a human and not a machine (machine-generated accounts are not allowed).

3.4 Security of your account. You are responsible for keeping secure your login details and passwords. This means that you should not disclose your details to other persons (whether online or not). If you notice that another person is using your account or there is another security issue with it, you must immediately notify us. Before opening this website, please make sure that the Internet connection that you use is safe and secure. We cannot and will not be responsible for any loss or damage that results from the lack of security from your side.

3.5 Deletion of your account. At any time, you may delete your account through the dashboard of your account or by sending a request directly to us.

3.6 Suspension and termination of your account. If we learn that your use of this website seriously and repeatedly breaches these Terms, we will suspend or terminate your account. We make this solution at our sole discretion.

4. IS THE WEBSITE ALWAYS ACCESSIBLE?

We put reasonable efforts to ensure that the website is always accessible to you. However, sometimes, our website may be down due to unforeseen circumstances and factors, which we cannot control, such as bandwidth problems, equipment failure, acts and omissions of third-parties, or force majeure events like: acts of God; strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; shortage of supply, breakdowns, loss or malfunctions of utilities and communications or computer (software and hardware) services. We are not responsible if the website is unavailable due to such factors.

5. OUR WARRANTIES

5.1 We provide this website as you can see it, that is, on “as available”, “as is”, and “with all faults” bases. We do not make any representations or warranties about the reliability, suitability, and accuracy of the website or its content (whether provided by us or anyone else) and hereby disclaim all warranties regarding the website and its operation. Our disclaimer is valid to the extent the applicable law permits it.

5.2 You must check beforehand whether the website is suitable for you prior to using it.

5.3 From time to time, we may use our partners to help us with technical aspects of the website like software, storage, networking, email distribution, and similar services. We cannot entirely control our partners. Thus, to the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.

5.4 If you are acting as a consumer while using the website, nothing in these Terms shall affect your statutory rights that you are entitled to.

6. OUR LIABILITY

6.1 Unless the law states otherwise, we are not liable for any damages that may occur while you are using the website or in connection with the website.

6.2 If you decide to conclude any transactions through the website or use the website for any unauthorized or unlawful purpose, we are not liable either.

6.3 You agree not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.

6.3 This Section 6 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

7. INDEMNIFICATION

You agree to indemnify and defend us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to, or arising out of, your breach of these Terms, your use of the website, or your violation of any law or the rights of a third party. This means that, if there is an issue related to your use of the website, you agree to secure us against hurt, loss, and damage.

8. SEVERITY

If any statement of these Terms becomes invalid, unlawful, void or unenforceable, such a statement will not affect the rest of the Terms - the remaining provisions of the Terms shall remain valid.

9. GOVERNING LAW AND DISPUTES

9.1 Governing law. These Terms are governed by the laws of Switzerland (Canton of Genève), without regard to its conflicts of law provisions.

9.2 Jurisdiction. If any disputes arise out of these Terms, you agree to resolve them by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to the courts in Genève, Switzerland. This Section 9 does not affect any statutory rights that you may be entitled to as a consumer.

10. FINAL NOTES

10.1 How long are these Terms valid? The Terms enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by us.

10.2 Can the Terms change? We have the right to modify these Terms at any time. If this happens, we will specify the new effective date and post an updated version on this page. Me may decide to change the Terms if there are new rules and laws that we have to comply with or if the website changes. If we have your email address, we will send you a short notice informing you about any material amendments to the Terms that may be of importance to you. To make sure that you know the latest Terms, please review this page from time to time. If you continue using the website after the amendment date, it means that you agree with the changes.

10.3 What if you breach these Terms? If we believe, at our sole discretion, that you breach these Terms and it is appropriate, necessary or desirable to do so, we reserve the right to:

• Send you a formal warning;
• Temporarily or permanently prohibit your use of the website;
• Report you to the relevant public authorities; or
• Commence a legal action against you.

10.4 Can you assign your rights and obligations? No, you are not allowed to assign your rights or obligations under these Terms.

10.5 Can we transfer our rights and obligations? Yes, we are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to you (if we deem it necessary). If you do not agree to the transfer, you can terminate these Terms with immediate effect by ceasing to use the website.

10.6 What if the owner of the website changes? In the event the owner of the website or The Earth Foundation changes, these Terms shall not automatically be terminated and we agree to use our best efforts to ensure that the new owner assumes and is bound by the provisions of these Terms.

10.7 Entire agreement. These Terms, together with the documents referred to therein, represent the entire agreement between you and us regarding your relationship with us and govern your use of the website.

11. CONTACT

If you have any questions about these Terms, please contact us by using the following contact details: