Legal notice

This is a courtesy translation; the legally binding version is the Spanish one.

In order to comply with the requirements of Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce and, in particular, with its Article 10, this legal notice (the "Legal Notice") is made available to users.

Accessing, browsing and using the website https://tierradeamani.org/ (the "Website") imply tacit and unreserved acceptance of all the provisions of this Legal Notice, which has the same validity and effect as any written and signed contract.

Its observance and compliance may be required of any person who accesses, browses or uses the Website (the "User" or "Users"). If you do not agree with the conditions set out herein, do not access, browse or use it.

Identification of the Controller

Holder: Tierra de Amani, a non-profit association ("Tierra de Amani" or the "Controller");

Registered office: Urb. Doña Pilar n.º 27 (new no. 8), 29650 – Mijas (Málaga), Spain;

Tax ID No. (NIF): G-92625920;

Public Register: Registered with the Register of Associations of the Ministry of the Interior in Málaga, Section One, entry no. 6821;

Email: hola@tierradeamani.org.

Purpose

This Legal Notice governs access to, browsing of and use of the Website, by means of which we inform Users of their rights and obligations in relation to the content displayed, the logos and trademarks used, and the liabilities that may arise from its use.

Access to the Website is free of charge, except for the cost of the connection through the telecommunications network supplied by the access provider contracted by the Users.

Notwithstanding the above, Tierra de Amani reserves the right to modify the presentation, configuration and content of the Website, as well as this Legal Notice, and Users are therefore advised to review it regularly. Accessing and/or using the Website after its modifications or changes take effect constitutes acceptance of them.

In this regard, the purpose of the Website is to inform Users about the activity and projects carried out by Tierra de Amani, a non-profit association that works in support of the most disadvantaged children and adolescents in Tanzania. The Website also channels different forms of collaboration with the association, including donations, child sponsorships and membership registrations.

Intellectual and Industrial Property Rights

Tierra de Amani owns or, where applicable, holds the corresponding licences for the intellectual property, industrial property, image rights and any other analogous rights over the Website, as well as over all the content offered on it, including, by way of example but not limitation, photographs, illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content included on it.

Users have only a non-exclusive right of use, within a strictly personal scope and for the sole purpose of browsing the Website in accordance with this Legal Notice.

Rules for Use of the Website

Accessing or using the Website for illegal or unauthorised purposes, whether or not for economic gain, is not permitted, and its consequences will be the sole responsibility of the Users. In particular, and without limitation to the following list, it is prohibited to:

Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in third-party devices;
Use the Website to transmit, install or publish any virus, trojan, worm, malicious code or other harmful programs or files, or files with unlawful intent;
Use the Website to transmit advertising or promotional material, including spam, chain emails or similar, without the prior express written authorisation of the Controller;
Use the Website in a way that infringes any rights of Tierra de Amani or of third parties;
Use the Website to transmit or publish any material that is defamatory, offensive, racist, vulgar, denigrating, pornographic, or of an obscene, threatening nature, or that may, in Tierra de Amani's judgement, disturb, harm or merely affect any person;
Use the Website to collect the personal data of other Users;
Use the Website unlawfully, contrary to good faith, morality and/or public order;
Access without authorisation any section of the Website, other systems or networks connected to it, any of the Controller's servers, or the services offered through the Website, by means of hacking or forgery, password extraction or any other illegitimate means or means established in this Legal Notice;
Carry out any action that causes a disproportionate or unnecessary overload of the Website's infrastructure or of the systems or networks used by or belonging to the Controller, as well as the systems and networks connected to the Website.

Any breach of the above obligations by Website Users may lead Tierra de Amani to adopt the appropriate measures available under the law and in the exercise of its legitimate interests.

All information provided by the User through the Website's forms for the above purposes or any others must be truthful. To this end, the User warrants the authenticity of all the data they communicate, and will keep the information provided to the Controller fully up to date so that it reflects, at all times, the User's actual situation. In any event, the User will be solely responsible for any false or inaccurate statements they make and for any loss they cause to Tierra de Amani or to third parties through the information they provide.

Liability and Warranties

Tierra de Amani cannot guarantee the reliability, usefulness or truthfulness of absolutely all the information contained on the Website, nor the usefulness or truthfulness of the content made available to Users through it.

Accordingly, Tierra de Amani does not guarantee and is not liable for:

the continuity of the Website's content;
the absence of errors in such content;
the absence of viruses, trojans, worms and/or other malicious or technologically harmful components on the Website or on the server that supplies it;
the invulnerability of the Website and/or the impossibility of breaching the security measures adopted on it;
any lack of usefulness or performance of the Website's content;
failures of the Website caused by any type of attack on its servers or on those of the Controller's third-party service providers, as well as technical or security failures in the system of any of those providers that prevent the proper functioning of the Website;
any technical failure, of any kind, that hinders, delays or prevents the proper functioning of the Website;
the damage or loss caused, to themselves or to a third party, by any person who infringes the conditions, rules and instructions that the Controller establishes on the Website or through the breach of security systems.

Tierra de Amani declares that it has adopted all necessary measures, within its means and the state of the art, to ensure the functioning of the Website and to minimise system errors, both from a technical standpoint and as regards the content published on the Website.

Tierra de Amani will not be liable for the truthfulness, integrity or currency of the information published on the Website that comes from sources external to it, nor for that contained on other platforms linked to from the Website.

Tierra de Amani reserves the right to suspend, modify, restrict or interrupt, whether temporarily or permanently, access to, browsing of, use, hosting and/or downloading of content and/or use of the Website's services, with or without prior notice, for Users who contravene any of the provisions set out in this Legal Notice, with no possibility of claiming compensation on this ground.

Force Majeure

Notwithstanding the above, Tierra de Amani will not be liable for delays or failures occurring in the access, functioning and operation of the Website, its content and/or services, nor for interruptions, suspensions or malfunctions thereof, where these originate from breakdowns caused by any situation of force majeure or unforeseeable circumstances.

Likewise, Tierra de Amani will not be liable for any non-performance or delay in carrying out any action where this is due to events outside its reasonable control (a "Force Majeure Event").

Force Majeure Events include any act, event, failure to act, omission or accident outside our reasonable control and, among others, the following:

Strikes, lockouts or other industrial action.
Civil unrest, riot, invasion, terrorist threat or attack, war (whether declared or not), or threat of or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Inability to use trains, ships, aircraft, motor transport or other means of transport, whether public or private.
Inability to use public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.

The aforementioned actions will be deemed suspended for the period during which the Force Majeure Event continues, and we will have an extension of the deadline to comply with them for a period equal to the duration of the Force Majeure Event. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that allows us to fulfil our obligations despite the Force Majeure Event.

User Support

Users have access to the user support service, through which the Controller will handle the queries, complaints and suggestions they raise.

Users may contact Tierra de Amani to make enquiries, request information or exercise their rights through the contact channels provided on the Website, including the email address hola@tierradeamani.org.

The Controller will respond to complaints or enquiries as soon as possible and, in any event, within a maximum period of one (1) month.

Confidentiality and Data Protection

In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ("GDPR"), and with Spanish Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights ("LOPDGDD"), all personal data provided during use of the Website will be processed in accordance with the Privacy Policy, which Users must read and, where applicable, accept and/or consent to.

Severability Clause

All clauses or provisions of this Legal Notice must be interpreted independently, and the remaining clauses will not be affected if one of them is declared null and void by a final court judgment or arbitration award. The affected clause or clauses will be replaced by another or others that preserve the effects intended by this Legal Notice.

Governing Law and Jurisdiction

Access to and use of the Website will be governed and interpreted in accordance with Spanish law.

In the event of any conflict or discrepancy in the interpretation and/or application of this Legal Notice, the competent courts will be those determined by the applicable legislation and, where permitted, any dispute will be submitted to the Courts and Tribunals of the city of Madrid.