Terms and Conditions of Use - Arbio Ong

TERMS AND CONDITIONS OF USE FROM THE WEBSITE OF ASOCIACION PARA LA RESILIENCIA DEL BOSQUE FRENTE A LA INTEROCEANICA – ASSOCIATION FOR FOREST RESILIENCE AGAINST THE INTEROCEANICA

Welcome to ARBIO!

Asociación para la Resiliencia del Bosque frente a la Interoceánica – Association for the Resilience of the Forest against the Interoceanic Highway (hereinafter, “ARBIO”) is a web page through which Amazon forest conservation service is provided. In this sense, ARBIO offers its services every time someone visit the website https://www.arbioperu.com/ (hereinafter, “Website”). ARBIO provides its services under the conditions established on this page, so we ask you to read these conditions carefully.

The Client certifies and demonstrates acceptance of the terms established in this document, through the act of sending forms made available on the Website.

At the same time, the Client accepts the complementary and / or specific policies in force that may exist for specific services, as well as the updates of these, when they occur. If the Client does not agree to the following terms and conditions, they must refrain from using the Website, since the use of the Website implies the Client’s agreement with all Terms and Conditions.

1. Definitions

For the purposes of this Agreement, the following definitions will be taken into account, regardless of whether the terms may appear in the text in a singular or plural form.

  1. Website: refers to the digital platform called ARBIO, being a computer program that allows its use from a mobile device including a cell phone, tablet and/or a personal computer and perform the functions or tasks described in point 3 of this Agreement.
  2. Client: is the natural or legal person who has completed the registration process, accepting the Terms and Conditions detailed below and who seeks to collaborate with ARBIO for the conservation of the Amazon forest.
  3. ARBIO: refers to the Asociación para la Resiliencia del Bosque frente a la Interoceánica -Association for the Resilience of the Forest against the Interoceanic Highway, an association established under the laws of the Republic of Peru.
  4. Hectare: refers to 1 hectare (10,000 square meters or approximately 2.47 acres) of Amazon forest in the Las Piedras river basin, Tambopata, Madre de Dios, Peru.
  5. Lot: Area corresponding to 1,000 square meters of Amazon forest in the Las Piedras river basin, Tambopata, Madre de Dios.
  6. Tree: refers to a tree located within the Amazon forest in the Las Piedras river basin, Tambopata, Madre de Dios, Peru.
  7. Donation: economic contribution directed to projects based on activities in the Amazon forest in the Las Piedras river basin, Tambopata, Madre de Dios, Peru.
  8. Conservation Experience: visit to the ARBIO forest aimed at people interested in being part of conservation projects.
  9. Certificate: Virtual document sent by ARBIO that certifies the contracting of a service provided by ARBIO.
  10. Service: Any of the conservation activities carried out by ARBIO, including but not limited to: Protection of one hectare, lot or a tree, Donations and Conservation Experience.

2. What is ARBIO?

ARBIO is a Peruvian non-profit association founded in 2010 in Puerto Maldonado, Madre de Dios, whose purpose is to implement conservation actions in the Amazon forest by involving civil society and the private sector.

Among the activities carried out, ARBIO is in charge of the management and care of 916 hectares of Amazon forest in the Las Piedras River basin, Madre de Dios.

As part of the purpose of the association, a website has been implemented that offers the opportunity to get involved in different conservation actions through the following services:

  1. Protection of one hectare/lot of Amazonian forest
  2. Protection of a tree in danger of illegal logging
  3. Donation
  4. Conservation Experience: Expedition to the ARBIO Forest

3. About ARBIO Services

ARBIO provides conservation services for the care of the Amazon forest located in the Las Piedras River basin, Madre de Dios, detailed below:

  1. Protection of one hectare/lot of Amazonian forest
    The protection of a Hectare or Lot will be the Client’s preference. The Client may select the hectare/lot according to availability on the date of selection. To make the protection effective, the Client must complete the information requested by the web form, which can be accessed through the following link: https://www.arbioperu.com/hectareas/.
    Once the payment has been made and confirmed, ARBIO will send to the email provided in the form, the certificate that accredits the protection of the chosen hectare/lot for the selected period and in the preferred language (which may be Spanish or English).
    With the protection of one hectare/lot, ARBIO guarantees the conservation of the ecosystem in the sponsored area through land and river surveillance.
  2. Protection of a Tree in danger of illegal logging
    The protection of a Tree will be the one preferred by the Client, who may select the Tree according to availability on the date of selection. To make the adoption effective, the Client must complete the information requested by the web form, which can be accessed through the following link: https://www.arbioperu.com/adopta-un-arbol/
    Once the payment has been made and confirmed, ARBIO will send to the email provided in the form, the certificate accrediting the adoption of the elected tree for the selected term and in the preferred language (which may be Spanish or English).
    Likewise, the species, height, diameter and code of the adopted tree shall be recorded on the Certificate.
  3. Donation:
    The Client’s Donation is freely chosen by the Client making the Donation and goes 100% for the conservation activities detailed below:

    • Funding for conservation activities
    • Purchase of supplies needed for research
    • Monitoring of large Amazonian trees and wildlife
    • Renewal of communication equipment
    • Renovation and maintenance of the boat to navigate the Las Piedras river

    The Client may choose the preferred term and amount of donation, as indicated by the form on the Website, which can be accessed through the following link: https://www.arbioperu.com/en/donaciones/

  4. Conservation Experience: expedition to the ARBIO Forest:
    The experiential “Conservation Experience” allows Clients to witness first-hand the conservation projects that ARBIO has been carrying out since 2010.  A list of programs and activities offered by ARBIO can be viewed by following this link: https://www.arbioperu.com/en/conservation-experience/
    Notwithstanding the Client’s obligation to review the updated list of services which can be viewed by following this link: https://www.arbioperu.com/en/conservation-experience/servicios/, the expedition organized by ARBIO does not include:

    • National and International Flights
    • Airport taxes
    • Additional nights due to flight cancellation
    • Alcoholic or bottled beverages
    • Snacks
    • Insurance of any kind
    • Laundry
    • Telephone calls or sending messages
    • Reconfirmation of flights or situations of a personal nature

    ARBIO will do everything to offer its services in the best way possible; however, you acknowledge and agree that the form and nature of the services may change or be temporarily or permanently interrupted without prior notice.

4. Electronic communications

The Client acknowledges that when: (i) he uses an ARBIO Service and/or (ii) sends an email or uses an analogous means through his computer or mobile device, said communication will be understood as an electronic communication established with ARBIO.
Likewise, the sending of the certificates, contracts and accounting documents as a consequence of the contracting of one of the services provided will be notified by email.
For this reason and for the purposes of this contract, the Client consents to receive communications from the Association, including but not limited to the quarterly digital bulletin “ARBIO Newsletter” and accepts that all contracts, notices and other notifications and communications that are sent by electronic means satisfy any requirement in writing, unless any mandatory legislation requires a different form of communication.
Likewise, the Client consents and agrees with the sending of communications providing the expiration date of the contracted Service in order to acknowledge willingness to continue collaborating with the project and renew the Service for the period of choice.

5. Declarations of Clients to ARBIO

ARBIO’s Client is considered to be any legal or natural person over eighteen (18) years of age who visits or fills out any of the forms available on the Website, without the need for these activities to converge.

In this sense, by using the Website and/or requesting the services of ARBIO, you represent and guarantee the following:

  1. That you have the right, authority and ability to comply with all the Terms and Conditions.
  2. That you have the ability to discern, have accessed the Website of your own free will without having been coerced to do so, and that your use of the Website is done for your sole account and at your own risk.
  3. That you are able to pay for the selected service.
  4. That the information you provide to ARBIO is true and accurate.
  5. That the use of the Website is personal, that is, you may not use the Website on behalf of another person.
  6. You will only use the Website in accordance with all applicable laws. If its use or purposes are contrary to current Peruvian legislation, you are not authorized to use the Website.
  7. That the use and/or publication of the Certificate by the Client will be under your own responsibility.

For the generation of a Certificate of adoption or donation, the Client must complete the registration form in all its fields and accept these Terms and Conditions. The Client is responsible for the validity and accuracy of the data.

6. Modifications to the Agreement

ARBIO may modify the General Terms and Conditions at any time by making the modified terms public on the site, which will come into force at the time of their publication and the continued use of the Web by the Client implies acceptance of the new Terms and Conditions. If the Client does not accept the new Terms and Conditions, he must communicate it by email to the address info@arbioperu.org, in which case the contractual link will be dissolved.

7. Privacy

Any personal information that you provide or is collected through the Website will be handled primarily by ARBIO. Personal information collected from Clients helps personalize and continually improve the services provided by ARBIO.

In accordance with Law No. 29733 – Law on Protection of Personal Data and its Regulations, approved by Supreme Decree No. 003-2013-JUS, personal data is understood to be any information about a natural person that identifies or makes identifiable through reasonable means. If necessary, the Client authorizes the transfer of their data to companies at the national or international level related to and/or associated with ARBIO in order to properly manage and store the products and services requested by clients and the subsequent procedures used in accordance with ARBIO’s Privacy Policy.

8. Terms of use

As a general rule, to access the contents of the Web, registration will not be necessary. Notwithstanding this, the contracting of the Services offered on the Website will be subject to filling in the form corresponding to the type of Service that is being contracted. To do this, the interested person must complete all the fields of the registration form with valid data.

Anyone who aspires to contract any ARBIO Service must verify that the information made available to ARBIO is accurate, precise and true, for which they will assume the commitment to update their personal data in case it changes.

ARBIO may use various means to identify Clients, but ARBIO is not responsible for the accuracy of the personal data that its Clients make available to them. Clients guarantee and confirm, in any case, to the veracity, accuracy, validity and authenticity of the personal data transmitted to ARBIO.

For the purposes of becoming an ARBIO Client, the Client must complete the registration form and accept the Privacy Policy and these Terms and Conditions. In this way, as an ARBIO Client, you will be able to use the Services offered.

9. Obligation to keep Personal Data updated.

The Personal Data entered by every Client on the Website must be exact, current and truthful at all times. ARBIO reserves the right to request any additional proof and/or data in order to corroborate personal data, and to temporarily and/or permanently suspend those Clients whose data cannot be confirmed.

10. Customer payment method

Payment for the Services provided by ARBIO in favor of the Client is made through the PayPal and Mercado Pago payment gateways, with respect to which ARBIO has no interference, control or management. Any inconvenience related to the payment confirmation must be resolved between the payment gateways and the Client, ARBIO being exempt from any liability that may arise between the payment gateway and the Client.

Additionally, the Client is offered the option of payment by direct transfer to the bank account owned by ARBIO. If this option is chosen, the Client must attach the deposit receipt in the contracted Service form for subsequent verification by ARBIO. Any inconvenience related to additional or wrong charges must be resolved between the financial institution and the Client, ARBIO being exempt from any liability that may arise between the financial institution and the Client.

Likewise, the sending of the Certificates and the provision of the Service will be carried out once ARBIO has the confirmation from the payment gateway or the verification of the bank transfer that proves the payment made by the Client has been successful.

11. Cancellation and refund policy

In the case of the service “Protect a hectare”, “Protect a Lot”, “Protect a tree” or a Donation, once the payment has been made and the certificate sent by email, money cannot be refunded.

Regarding the “Conservation Experience” service, if the Client cancels their visit at least 30 (thirty) calendar days in advance, they may receive a 50% refund of the moneys paid.

Returns will only proceed if they are communicated by email to the following email: info@arbioperu.org

12. Changes to Certificates

ARBIO understands that at the time of specifying the data of the Certificate or later, the Client may wish to request modifications be made to the name recorded therein. Therefore, the Client may make a one (1) time request that a modification is be made. They must request the change to the email: info@arbioperu.org

The new certificate will be issued within a period of 15 days from the confirmation of receipt of the mail with the change request.

It is stated that once the new Certificate is issued, the previous Certificate issued will cease to be valid.

13. Responsibilities

The contracting of any of the Services offered by ARBIO does not imply a construction permit in the area except for the installation of: tents and/or research material such as camera traps, environmental meters, etc.; as well as the opening of small trails if necessary when the “Conservation Experience” Service is contracted, provided that ARBIO personnel carry out such installations.

For the “Conservation Experience” Service, in no case will ARBIO be responsible for any damages and/or losses resulting from Services contracted through the Website and provided by ARBIO.

In this sense, Clients declare their knowledge that ARBIO staff exclusively and personally provide excursion, visitation and tourism services, and the Client is responsible for any damages caused to the fauna and flora.

Given that the activity of ARBIO is carried out mainly in the Amazon forest, any harm the Client may suffer, whether to his property or to his person, during the provision of Services, remains exclusively at his liability, leaving ARBIO, exempt from any responsibility in this regard.

14. Non-compliance

Failure to comply with any of the obligations established in these conditions will entail the automatic termination of the contract with the Client. The termination of the contract will also be automatic if the Client intends to:

– Build properties in the area.

– Visit the area without prior coordination with the ARBIO team.

– Carry out a project in the area that is not in accordance with the purpose of ecosystem sustainability.

Likewise, if as a consequence of actions by the Client, some detriment is generated in or to the Amazon forest or to the infrastructure of ARBIO, it reserves the right of demanding compensation for damages and/or losses that may occur.

15. Copyright, intellectual property rights, and database rights

Except where otherwise indicated, all content hosted on the ARBIO website constitutes ARBIO’s intellectual property, including but not limited to logos, graphic texts, images, videos, downloads, databases, compilations, etc. All rights to such content are reserved, therefore they cannot be copied, imitated or used, totally or partially, without the prior written permission of ARBIO.

16. Applicable law

These Terms of Use are governed and will be applied and interpreted in accordance with Peruvian legislation. Any dispute that arises in its application will be submitted to the knowledge of the courts with and in the jurisdiction of Lima, Peru.

17. Contact

For any questions regarding these Conditions, please contact us at: info@arbioperu.org or by phone at +511 4303281.