Terms & Conditions

MyBirthdayTree Social Ventures welcomes you. MyBirthdayTree provides its Product to you subject to the following Terms of Use ("TOU"), which may be updated by us from time to time without notice to you. In addition, when using MyBirthdayTree owned or operated services, you and MyBirthdayTree shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOU. MyBirthdayTree may also offer other services that are governed by different Terms of Use.

DESCRIPTION OF PRODUCT

MyBirthdayTree through its website facilitates users to enable planting of trees and dedicate them through its eTreeCertificates® for the purpose of greeting or offsetting carbon (the "Product"). Users can choose to purchase trees in bulk and hold them in a TreeBank™ till such time that he/she chooses to use them for greeting or offsetting. The following points are to be noted.

MyBirthdayTree is a social venture that wants to significantly benefit the planet. However, we are not a nonprofit organization.

MyBirthdayTree only issues a maximum of one certificate per tree planted and a certificate can be created only if one or more trees are planted. You can choose to send the certificate to a recipient of your choice or to yourself. To the extent possible trees will be planted at about the time of your transaction on our website. However, given that planting may not be possible in certain seasons and the unforeseen on-ground challenges faced by the planting partners, MyBirthdayTree reserves the right to arrange the planting of trees upto eighteen months after the date of your transaction or upto thirty months before. MyBirthdayTree can sell trees that have been planted in anticipation of orders. MyBirthdayTree will never sell a single tree twice.

MyBirthdayTree plants trees in public lands only after securing written requisite permissions from the landowner (For eg. Village Gram Panchayat / State Forest Department)

MyBirthdayTree planting partners have substantial experience in planting trees and many have awards in recognition of this. They will make their best efforts to ensure that all trees survive. However, MyBirthdayTree cannot be held responsible for trees that die through disease, flood, drought, fire, lightning and other such events. MyBirthdayTree cannot be held responsible for trees that are illegally felled or are destroyed by grazing in spite of the best efforts made by our planting partners to prevent this. Our planting partners have experience that rootstock regeneration will partly compensate in some regions, and more than compensate in other regions for trees lost due to the above causes. Some of our planting partners may also replant trees that do not survive, so that the specified number of trees will actually grow.

MyBirthdayTree will appoint independent auditors who will go to a representative sample of planting sites to verify on a sample basis that trees have been planted by planting partners as per instructions.

MyBirthdayTree does not issue carbon credits.

You do not own the tree that you plant and we do not arrange site visits. However, we are happy to tell you where the tree you have planted is, and you can make your own efforts to visit the site.

To enable us to plant the maximum number of trees, MyBirthdayTree does not use its limited resources to track an individual tree to a specific user, although we allow each user to choose the project and location where his/her tree will be planted. You will also note that while MyBirthdayTree offers you planting opportunity in a particular project, or location or for a particular social impact, owing to exigencies it may be constrained to plant in another location or project or for another social impact.

You also understand and agree that MyBirthdayTree cannot be held responsible for scientific accuracy or reliability of information it provides on its properties, though it makes every effort to obtain such information from sources it believes in good faith are reliable, and that the Product may include certain communications from MyBirthdayTree, which are necessary for satisfactory completion of the Product. Such communication may also be sent as part of MyBirthdayTree membership, which you may/may not opt for. Unless explicitly stated otherwise, any new features that augment or enhance the current Product, including the release of new MyBirthdayTree properties, shall be subject to the TOU. You understand and agree that the Service is provided "AS-IS" and that MyBirthdayTree assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Product, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Product.

YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Product, you represent that you are of legal age to form a binding contract and are not a person barred from receiving products or services under the laws of India or other applicable jurisdiction. You also agree to:-

(a) provide true, accurate, current and complete information about yourself as prompted by the Product's registration form (the "Registration Data") and

(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MyBirthdayTree has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MyBirthdayTree has the right to suspend or terminate your account and refuse any and all current or future use of the Product (or any portion thereof).

MYBIRTHDAYTREE PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy. You understand that through your use of the Product you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to India and/or other countries for storage, processing and use by MyBirthdayTree and its affiliates.

MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Product's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to:-

(a) immediately notify MyBirthdayTree of any unauthorized use of your password or account or any other breach of security, and

(b) ensure that you exit from your account at the end of each session. MyBirthdayTree cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

USER CONDUCT

You understand that all information, data, text, photographs, graphics, certificates, video, messages, gift messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not MyBirthdayTree, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Product. MyBirthdayTree does not control the Content posted via the Product and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Product, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MyBirthdayTree be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Product.

You agree to not use the Product to:

1. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, religiously or otherwise objectionable;
2. Harm minors in any way;
3. Impersonate any person or entity, including, but not limited to, a MyBirthdayTree official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Product;
5. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
8. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. Interfere with or disrupt the Product or servers or networks connected to the Product, or disobey any requirements, procedures, policies or regulations of networks connected to the Product;
10. Intentionally or unintentionally violate any applicable local, state, national or international law;
11. "Stalk" or otherwise harass another;
12. and/or
13. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through l above.

You acknowledge that MyBirthdayTree may or may not pre-screen Content, but that MyBirthdayTree and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Product. Without limiting the foregoing, MyBirthdayTree and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by MyBirthdayTree or submitted to MyBirthdayTree, including without limitation information in MyBirthdayTree Message Boards and in all other parts of the Product.

You acknowledge, consent and agree that MyBirthdayTree may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

(a) comply with legal process;

(b) enforce the TOS;

(c) respond to claims that any Content violates the rights of third parties;

(d) respond to your requests for customer service;

or

(e) protect the rights, property or personal safety of MyBirthdayTree, its users and the public.

You understand that the technical processing and transmission of the Product, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Product and software embodied within the Product may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by MyBirthdayTree and/or content providers who provide content to the Product. You may not attempt to override or circumvent any of the usage rules embedded into the Product. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Product, in whole or in part, is strictly prohibited.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from India or the country in which you reside.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE PRODUCT

MyBirthdayTree does not claim ownership of Content you submit or make available for inclusion on the Product. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Product, you grant MyBirthdayTree the following worldwide, royalty-free and non-exclusive license(s), as applicable:

With respect to Content you submit or make available for inclusion on publicly accessible areas of MyBirthdayTree, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Product solely for the purposes of providing and promoting MyBirthdayTree. This license exists only for as long as you elect to continue to include such Content on the Product and will terminate at the time you remove or MyBirthdayTree removes such Content from the Product.

"Publicly accessible" areas of the Service are those areas of the MyBirthdayTree network of properties that are intended by MyBirthdayTree to be available to the general public. By way of example, publicly accessible areas of the Product would include publicly visible MyBirthdayTree greeting messages that are open to both members and visitors and the MyBirthdayTree messages on social media such as Facebook and Twitter

CONTRIBUTIONS TO MYBIRTHDAYTREE

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to MyBirthdayTree through its suggestion or feedback webpages, you acknowledge and agree that:

(a) Your Contributions do not contain confidential or proprietary information;

(b) MyBirthdayTree is not under any obligation of confidentiality, express or implied, with respect to the Contributions;

(c) MyBirthdayTree shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;

(d) MyBirthdayTree may have something similar to the Contributions already under consideration or in development;

(e) Your Contributions automatically become the property of MyBirthdayTree without any obligation of MyBirthdayTree to you;

and

(f) You are not entitled to any compensation or reimbursement of any kind from MyBirthdayTree under any circumstances.

INDEMNITY

You agree to indemnify and hold MyBirthdayTree and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Product, your use of the Product, your connection to the Product, your violation of the TOU, or your violation of any rights of another.

NO RESALE OF PRODUCT

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Product (including your MyBirthdayTree ID), use of the Product, or access to the Product.

NO REFUND OF VIRTUAL GIFTS

You understand that the Product includes real world actions where reversal would harm the environment. You understand that all sales are final. There is no refund on trees.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that MyBirthdayTree may establish general practices and limits concerning use of the Product, including, the maximum number of messages that may be sent from or received by an account on the Product, the maximum size of any message that may be sent from or received by an account on the Product, the maximum disk space that will be allotted on MyBirthdayTree's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Product in a given period of time. You agree that MyBirthdayTree has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Product. You acknowledge that MyBirthdayTree reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MyBirthdayTree reserves the right to modify these general practices and limits from time to time.

MODIFICATIONS TO PRODUCT

MyBirthdayTree reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Product (or any part thereof) with or without notice. You agree that MyBirthdayTree shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Product.

TERMINATION

You agree that MyBirthdayTree may, under certain circumstances and without prior notice, immediately terminate your MyBirthdayTree account, any associated email address, and access to the Product. Cause for such termination shall include, but not be limited to,

(a) breaches or violations of the TOU or other incorporated agreements or guidelines,

(b) requests by law enforcement or other government agencies,

(c) a request by you (self-initiated account deletions),

(d) discontinuance or material modification to the Product (or any part thereof),

(e) unexpected technical or security issues or problems,

(f) extended periods of inactivity,

(g) engagement by you in fraudulent or illegal activities, and/or

(h) nonpayment of any fees owed by you in connection with the Product.

Termination of your MyBirthdayTree account includes

(a) removal of access to all offerings within the Product, including but not limited to MyBirthdayTree’ Trees

(b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and

(c) barring of further use of the Product. Further, you agree that all terminations for cause shall be made in MyBirthdayTree's sole discretion and that MyBirthdayTree shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Product.

DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Product, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MyBirthdayTree shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product. LINKS

The website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MyBirthdayTree has no control over such sites and resources, you acknowledge and agree that MyBirthdayTree is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that MyBirthdayTree shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

MYBIRTHDAYTREE'S PROPRIETARY RIGHTS

You acknowledge and agree that the Product and any necessary software used in connection with the Product ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Product or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by MyBirthdayTree or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Product or the Software, in whole or in part.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE PRODUCT IS AT YOUR SOLE RISK. THE PRODUCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PANGEA ECONETASSETS PVT. LTD. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

MYBIRTHDAYTREE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE PRODUCT WILL MEET YOUR REQUIREMENTS; (ii) THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCT WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCT IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYBIRTHDAYTREE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYBIRTHDAYTREE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MYBIRTHDAYTREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(i) THE USE OR THE INABILITY TO USE THE PRODUCT;

(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PRODUCT;

(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE;

OR

(v) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.

NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this agreement.

NOTICE

MyBirthdayTree may provide you with notices, including those regarding changes to the TOU, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service, social media or other reasonable means now known or hereinafter developed.

TRADEMARK INFORMATION

The MYBIRTHDAYTREE, MyBirthdayTree logo, trademarks and service marks and other MyBirthdayTree logos and product and service names are trademarks of Pangea EcoNet Assets Pvt. Ltd. (the "MyBirthdayTree Marks"). Without MyBirthdayTree's prior permission, you agree not to display or use in any manner the MyBirthdayTree Marks.

INTELLECTUAL PROPERTY INFRINGEMENT

MyBirthdayTree respects the intellectual property of others, and we ask our users to do the same. Under no circumstances will MyBirthdayTree be liable in any way for any Content posted, emailed, transmitted or otherwise made available via the Product by users, that infringes the intellectual property rights of others.

If you believe that your intellectual property rights have been violated, please provide MyBirthdayTree the following information:

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on the site;

your address, telephone number, and email address;

a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

MyBirthdayTree will consider the details provided and at its discretion to remove such Content. MyBirthdayTree may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers

GENERAL INFORMATION

Entire Agreement. The TOU constitutes the entire agreement between you and MyBirthdayTree and governs your use of the Product, superseding any prior agreements between you and MyBirthdayTree with respect to the Product. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other MyBirthdayTree services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The TOU and the relationship between you and MyBirthdayTree shall be governed by the laws in India without regard to its conflict of law provisions. You and MyBirthdayTree agree to submit to the personal and exclusive jurisdiction of the courts.

Waiver and Severability of Terms. The failure of MyBirthdayTree to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your MyBirthdayTree account is non-transferable and any rights to your MyBirthdayTree ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Product or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOU are for convenience only and have no legal or contractual effect.