One Earth Member Terms

Who we are

We are One Earth Limited a company incorporated and registered in England and Wales with company number 12590718 whose registered office is at Pine Grove Enterprise Centre, Pine Grove, Crowborough, East Sussex, United Kingdom, TN6 1DH. Our registered VAT number is 370 7470 91.

You can contact us at any time by emailing us at [email protected]

If we need to contact you, we will do so using the current contact information you have included in your account. You are responsible for keeping this up to date. We may also post notices for your attention on the platform.

The purpose of these Member Terms

These terms set out the basis of your membership of the One Earth platform and what you can and cannot do on the platform. You are required to agree to these terms when you become a member of One Earth, or any City hosted on One Earth, and these terms form a binding legal agreement between you and us once we confirm acceptance of your member application or otherwise grant you access to the One Earth platform.

Your membership of One Earth is personal to you and cannot be transferred to, or used by, any other person at any time. These terms are binding on you personally. You are responsible for the use of your account and for taking all reasonable endeavours to protect your password and prevent unauthorised use of your account.

Changes to Terms

We may change these Terms at any time on not less than 30 days’ notice to you. If you do not agree with the revised terms then notwithstanding any other provision of these Terms you may terminate your contract with effect from the date that such new terms take

City Membership

You may be, or become, a member of a City on One Earth in which case you may also be required to accept the additional terms of the relevant City owner.

Your personal information

Please see our Privacy Policy for information on how we and others use your personal information.

One Earth Platform

We will make the One Earth platform and the content that you have subscribed to available to you throughout your membership term. The platform and content will be provided to you in accordance with the descriptions provided to you when you purchased these. The platform and content is not prepared specifically for you and we cannot warrant that the platform or content will meet your specific requirements which you are responsible for assessing.

We are continually evolving, updating and improving the One Earth experience for our members and reserve the right to add and remove functionality and content at our absolute discretion at any time.

We will use commercially reasonable endeavours to ensure that the One Earth platform is available to you 24 hours a day, seven days a week, except for necessary maintenance or circumstances beyond our reasonable control. Where possible we will notify you in advance of scheduled maintenance that will affect your use of the One Earth platform but on occasion this will not be possible and we do not give any guarantee that the One Earth platform will be continuously available or error-free.

We are not responsible for any delays or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the platform and content may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

Fees

 Any membership fees specified when you applied for membership are payable through our nominated online payment platform and will be deducted from your account automatically each month in advance during your membership term. If any fees are not paid when due we reserve the right to immediately suspend your access to our platform and content.

The One Earth membership fees for the level of membership that you selected will not change during the initial 12 month membership period. After the initial 12 month membership period the monthly fees may be varied at any time by us on not less than one month’s notice to you.

Additional fees are payable for additional content or services purchased through One Earth which will be specified on the order page when you purchase any such content or services. All such fees are payable in full in advance.

Our fees are inclusive of UK VAT, but if the rate of VAT or any other sales or other taxes are applicable to any of our fees the fees will be varied accordingly.

One Earth Content

The content that we make available to you through One Earth is owned or licensed by us for use by you and our other members on the One Earth platform. You are permitted to use this content whilst you are a member solely for your own personal use in relation to your business, but you must not, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties, and except to the extent expressly permitted under these Terms:

• attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any part of the One Earth Platform or content in any form or media or by any means; or
• attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the One Earth Platform; or
• access all or any part of the One Earth Platform in order to build a product or service which competes with One Earth.

Your Use of One Earth

 Community is at the heart of One Earth and you must comply at all time with any community standards that we publish on the platform.

You must not access, store, distribute or transmit any viruses, or any material through our platform that:

• is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive
• facilitates illegal activity
• depicts sexually explicit images
• promotes unlawful violence
• is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability or age; or
• is otherwise illegal or causes damage or injury to any person or property

and we reserve the right, without liability or prejudice to our other rights, to suspend or disable your access to our platform if you breach these standards.

Third Party Content

The One Earth platform may enable or assist you to access the content of, correspond with, and purchase products and services from, third parties via the One Earth platform and/or third-party websites. Any such access or transactions are outside of our control and solely at your own risk. We make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party. Any contract entered into and any transaction completed with any third-party is between you and the relevant third party, and not One Earth. We recommend that you refer to the third party’s terms and conditions and privacy policy prior to using the relevant third-party content or website. We do not endorse or approve any third-party content or website made available through our platform.

Your rights to cancel your One Earth membership

 Your access to the One Earth platform and content shall start immediately on the acceptance of your application for membership. You have the right to change your mind and cancel your membership for a period of up to 14 days from acceptance of your application before you first log in to One Earth and have access to the content on the platform. After you have logged in or after the 14 days has expired you cannot cancel your contract before the end of your subscription term.

 Unless we otherwise agree in writing, all One Earth memberships are for a minimum period of 12 months from the date of commencement. After this minimum period your membership shall continue for each month for which you continue to make payment. You can cancel your One Earth subscription at any time after the initial 12 month period using the cancellation options within your settings on the platform and the cancellation shall take effect at the end of the current period that you have paid for.

 Our right to cancel your One Earth Membership

 We may terminate your One Earth membership and your contract with us if you do not make any payment to us when it is due or if you commit a serious breach of these Terms. You will not be entitled to any refund in the event of such a termination.

Where your One Earth membership has been provided to you by a third party partner of ours or City owner, we may terminate your One Earth membership and your contract with us where our contract with the relevant partner or City owner is terminated for whatever reason.

We may also terminate you One Earth membership and your contract with us at any time on not less than 30 days’ notice to you at our absolute discretion and without giving any reason. We will refund you any fees paid in respect of the unused part of your membership if we terminate your membership without other reason in accordance with this paragraph.

Your content

You confirm that you have all necessary rights and permissions to post any content that you post to the One Earth platform at any time.

Any material you upload to our platform will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties as part of the One Earth platform. If any third party claims that any material posted or uploaded by you to our site violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them. We may publish or otherwise use aggregated statistical data relating to the activity of One Earth members from time to time.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards that we set out from time to time.

Limitation of Liability

Except as expressly and specifically provided in these Terms:

• the information on the One Earth platform is provided for your information and analysis and it is not intended that you should rely solely on any such information in making any decisions. You must therefore accept sole responsibility for results obtained from your use of the One Earth platform and content, and for conclusions and actions drawn from such use
• all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement
• the One Earth platform and content are provided to you on an “as is” basis.

Nothing in this agreement excludes our liability to you:

• for death or personal injury caused by the Supplier’s negligence
• for fraud or fraudulent misrepresentation.

We will not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement.

Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of our contract with you shall be limited to the total fees paid by you to One Earth during the 6 months immediately preceding the date on which the claim arose.

 Other Terms

 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

Nobody else has any rights under these Terms. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and legal proceedings brought by you in respect of these Terms or your use of the One Earth platform and content must be brought in the English courts. We reserve the right to take legal action against you anywhere in the World if required to enforce our rights under these Terms or to prevent misuse of any of our content or other rights in the One Earth platform and content.