* April 2020 Version

1. SCOPE AND OBJECT OF THE TERMS AND CONDITIONS

1.1. Scope

These terms and conditions are intended to regulate the relationship between the owner of this business, Daniel Muñoz Gil (hereinafter referred to as “3warnings”) and its NGO Users, by virtue of the access and use they make through the 3warnings website (hereinafter referred to as “the website” or “platform”).

As stated in the Legal Notice, this platform belongs to the owner, who is up to date with his tax and fiscal obligations.

To contact our team, you can do so with the following contact details:

Daniel Muñoz Gil
ID: 52332108R
Address: Calle Concejo de Degaña 2, 1C, 33204 Gijón (España)

This Platform aims to present 3warnings and the services it offers. It is a mobile instant messaging application whose benefits will go, for the most part, to NGOs. Thus, any donation made by 3warnings to NGOs as a result of the project’s purpose, implies that NGO Users must take into account and accept, where appropriate, these Terms and Conditions.

We inform you that the use of our services, offered through this platform, is subject to the provisions of other applicable legal policies, such as the Legal Notice, the Privacy Policy, the Cookies Policy and the Code of Conduct. Thus, in the event that there is a conflict between the former and the latter, the latter will always and in any case prevail.

1.2. Object of these conditions

3warnings consists of a mobile application that offers instant messaging services whose benefits will go, for the most part, to the NGOs registered on our website. Therefore, these terms and conditions apply to NGO users, that is, those users who agree to be beneficiaries of the donations that 3warnings may make on their behalf.

1.3. Essential terms for a better understanding of these conditions

a) 3warnings or Provider User: is the owner who presents, offers and provides the services with the requirements established in this website.

b) Platform: is the website associated with these terms and conditions.

c) Transaction: is the operation between interested User (registered user or NGO) and 3warnings, consisting of a donation by the latter for the benefit of NGO Users.

d) Registered User (NGO User): is the NGO that registers on our platform to receive donations made, if any, by 3warnings.

e) Visitor: This is the person who simply browses our website or platform.

1.4. Philosophy of our project

3warnings was created to improve life on the planet. In the World Scientists’ Warning of a Climate Emergency, the scientists included what we must do to contribute to this improvement. That is why we donate to NGOs whose goals are related to the objectives of this list (included in point 1.5).

Thus, we encourage NGOs engaged in these activities to register in order to receive our donations.

3warnings reserves the right to accept the registration or inclusion in our platform of NGOs that have objectives different from ours.

1.5. Types of NGOs we support

We support NGOs whose objectives are related to the activities indicated by scientists in their World Scientists’ Warning of a Climate Emergency, which can be found at the following link: https://academic.oup.com/bioscience/article/70/1/8/5610806

In summary, we support NGOs that contribute to or support the following activities:

1.5.1. Energy

Energy efficiency and conservation, replacement of fossil fuels by cleaner and safer sources. Leaving fossil fuels in the ground. Achieving negative emissions, extracting carbon from emission sources, capturing carbon from the air, improving natural systems, etc. Supporting poor countries in the transition away from fossil fuels Eliminate fossil fuel subsidies, and discourage carbon use.

1.5.2. Short-term pollutants

Reduce emissions of climate pollutants, including methane, soot and HFCs.

1.5.3. Nature

Protect and restore ecosystems. Rapidly reduce habitat and biodiversity loss. Protect primary and intact forests. Appropriate reforestation at huge scales.

1.5.4 Food

Promote mainly vegetable-based food consumption, reduce global consumption of animal products, especially ruminant livestock Sustainable farming practices. Drastically reduce food waste.

1.5.5 Economy

Reduce excessive material extraction and overexploitation of ecosystems, to maintain the long-term sustainability of the biosphere A carbon-free economy that addresses human dependence on the biosphere and policies accordingly. Shift from GDP growth and the pursuit of wealth to the maintenance of ecosystems and the improvement of human well-being, prioritizing basic needs and the reduction of inequality.

1.5.6. Population

The world’s population must be stabilized and gradually reduced, ensuring social integrity. Family planning services, gender equity, primary and secondary education as a global standard for all, especially for girls and young women.

2. REGISTRATION PROCEDURE AND ACCEPTANCE OF CONDITIONS

2.1. Reading and accepting the terms and conditions - User registration

If you wish to register on the platform as a registered user and create an account, you will need to provide us with the information requested, which will always be relevant for the effective provision of the service.

To access and use the services of 3warnings, the NGO User must provide the following information:

  • Email address used for registration, which must be a Google account;
  • Complete address of the NGO’s website, which will be published on the website and in the 3warnings app, so that users can access the website;
  • Country in which the NGO is registered, information that may be published in the app and on the web as additional information for users and that will also be used so that 3warnings can verify that the organization exists and is properly registered;
  • Complete web address of the official organization in which the NGO is registered, so that, again, the project owner can verify that the NGO is real. It could also be requested and the NGO user would provide, as far as possible, the complete link of the official list in which the NGO appears, a link that will be made public on the 3warnings website and in the app for users to access, if they wish.
  • The NGO’s logo, which must be a square image of less than 1 MB capacity, in .png format, with a transparent background, so that it can appear correctly in the app’s listing.
  • To prove that you really represent the NGO you wish to register, you must create a file in the root of the NGO’s website domain, as detailed in the registration process.

2.2. Acceptance of the transaction and these conditions by the registered user

In accordance with the provisions of Article 23 of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, as a registered user, confirmation of acceptance of these terms and conditions will be made by checking the box “I accept the terms and conditions” that will appear before you proceed to finalize the registration on our platform.

By virtue of the above, you agree to become an NGO User of our platform, provided that you exceed the stipulations required in the next point of the text, that is, the verification by 3warnings that, indeed, is a true NGO.

2.3. Checks

Your registration in our system as an NGO User is not automatic after following the previous steps, nor will it be valid immediately. That is, 3warnings will make the appropriate checks to ensure that your NGO is real, that it is registered as such in the relevant records of the corresponding official bodies and that the information indicated is that which is required.

Thus, 3warnings will be able to contact the person who has registered the NGO in the web platform through the contact email, to solve the problems, raise doubts or request the information and documents that need to be solved or completed.

Also, you can obtain information through the Internet and other useful sources about the NGO, its objectives, its activity, its reputation and any other information necessary for the purposes of the project.

3warnings will only accept into the program non-governmental organizations whose objectives are compatible with the ethics and values of this project, consisting of improving the life of the world. 3warnings therefore reserves the right to admit applicant NGOs and may reject applications for the reasons it deems appropriate, at its sole discretion.

To let NGOs know whether they have been accepted into the project or not, 3warnings will send an email to the email address provided. In the case of rejection, the reasons will be explained in that e-mail.

NGOs can check if they have been accepted or rejected in their Control Panel. If it has been rejected, the reason will be indicated.

2.4. User’s responsibilities at this time

  1. The User guarantees under his own responsibility the accuracy of the information provided, expressly exempting 3warnings from the consequences and damages that the inaccuracy of the information may cause to third parties.
  2. The owner of this platform assumes the obligation to verify the identity of users who register on the website as NGOs. However, the holder will not be responsible in any case when there is a case of usurpation or impersonation of the User, as well as in the case that some false information is indicated that is impossible to verify or check by the platform in a reasonable manner and proportionate to its resources or mechanisms. Thus, the natural person who registers on the platform acting on behalf of the NGO to which he or she registers, confirms that he or she has the power of attorney necessary to act on behalf of the entity he or she represents for the formalization of legal transactions, exempting 3warnings from the responsibilities that may arise if that person is not duly empowered to accept these terms and conditions and, in general, does not have the power of attorney necessary to operate on this platform.
  3. Taking this into account, 3warnings reserves the right to reject any registration request whose content does not fit the purposes of this platform, so it is up to the user to ensure that their registration is consistent with the purpose of this platform, as well as not violate any of the registration rules that are required.
  4. The Google account with which the User accesses our platform is totally personal and non-transferable, managed solely and expressly by the User. Thus, the user is responsible to 3warnings and third parties, for the proper use and non-transfer or disclosure to third parties, both individuals and legal entities other than themselves or persons expressly authorized by them.
  5. In the case of any loss or theft of access codes, unauthorized use of the website or codes, as well as any violation of security of the same that has come to the attention of the user, the user is obliged to notify 3warnings immediately.

2.5. Meaning of the acceptance of these terms and conditions

The acceptance of these conditions means:

  1. That you may operate within the platform as an NGO User, use the enabled functionalities and be a recipient of the relevant donations, always following the guidelines established in these conditions and on the platform.
  2. That you agree to comply with these conditions and respect them under your own responsibility.

In addition, we inform you that, for legal reasons, we have the confirmation that you have made at the time of acceptance of our conditions by validating or “clicking” at the time of registration; so we are certain about when you have accepted our conditions.

3. SERVICES WE OFFER

As indicated in point 1, the main service that we offer from 3warnings and object of the present platform is the instant messaging service where, in addition, ads are published.

The services we offer, in particular, to NGO users are those of being beneficiaries of the contributions or donations made by 3warnings, being these entities the recipients of the donations. Therefore, NGO users can use this platform to promote their organizations and obtain donations for them.

4. DONATIONS BASED ON SERVICES OFFERED

4.1. Operation in general

3warnings will donate most of its profits to NGO Users. That is, 3warnings establishes, at its sole discretion, the percentage of profits that goes to donations in each quarter, according to the calculation explained in section 4.2. These amounts will always be derived from the benefits produced by the advertisements shown in the 3warnings app, the subscription messages sent by the advertisers, and the merchandising offered on our website.

If 3warnings or its owner were to engage in other activities outside of what is offered through these platforms, it reserves the right not to allocate its income to what is established in these conditions.

To make donations, 3warnings uses the payment platform TransferWise, which provides the email address of the Google account with which your NGO has registered, in order to be able to receive the corresponding donations or grants.

By registering on our platform as an NGO User, we understand that your NGO understands and accepts these rules of distribution of donations.

4.2. How we distribute the donations

At 3warnings we believe that the way to address these global problems is to involve everyone. That is why it is the users of the application who decide which NGOs to donate to, through their votes.

These users can vote for up to 5 of their favorite NGOs from among those registered. At the end of each quarter, the number of votes obtained by each NGO is calculated and the donations are awarded accordingly.

4.2.1 Advertising credits invoiced and consumed

Before entering into the calculation of donations, it is important to know the difference between advertising credits invoiced and consumed.

Advertising users buy advertising credits from us, which are spent as their ads are shown in the app. The billed credits are the credits bought from us by our advertisers and the consumed credits are the credits spent when printing the ads.

Our donations are calculated on the basis of credits consumed, not on those invoiced, so as to avoid situations in which an advertising User requests the return of his credits and we cannot pay for them because they have been donated.

4.2.2 Calculation of donations

At 3warnings we calculate donations according to the following formula:

  1. We obtain the advertising credits that have been consumed in the quarter

  2. We add the income from sending messages from advertising users to their subscribers. The sending of messages to subscribers is free for NGOs, but is paid for by the Users advertisers.

  3. We add the income from merchandising

  4. We subtract the expenses and taxes for that quarter

  5. We calculate 80% of that amount, and get the total donations for the quarter. 3warnings reserves the right to vary this percentage, but commits to always be at least 80%.

4.2.3 Distribution of Donations

Donations are distributed in proportion to the votes obtained by each NGO. If an NGO obtains 10% of the total votes in a quarter, it will obtain 10% of the total donations for that quarter. The calculation will be made with the votes corresponding to the last day of the quarter.

4.2.4 What happens to unused advertising credits?

With respect to the remaining advertising credits, which have not been consumed at the end of a quarter, in the event that the Advertising Users request a refund, the corresponding amounts will be returned immediately, provided that the request is made within the first THIRTY (30) days after purchase.

In the event that a refund is not requested, the reamining advertising credits will form part of the donations of the quarter in which they are consumed, that is, they will be computed within the quarter in which those amounts are consumed.

4.2.5. Transparency: publication of income and expenditure

We publish our income and expenses on our website. The income from credits consumed and from sending messages from advertisers to subscribers is updated daily and automatically, so the data always reflects the income that occurred until yesterday.

In addition, we publish quarterly summaries, which include the income, expenses, benefits, total donations, the votes obtained by each NGO and the donations corresponding to each one.

You can consult this data at https://3warnings.com/statistics/figures.html

4.3. Reservation of admission of certain organizations

3warnings reserves the right to admit organizations operating in countries identified as being at risk due to their special links to the financing of terrorism or money laundering, in addition to any other situation that infringes human rights, unless the NGO has a proven good reputation and follows international transparency criteria in those countries.

In the Code of Conduct this right is extended in more detail subject to admission and other situations that could limit the provision of the service or admission of certain organisations to our platform.

5. CONDITIONS APPLICABLE TO THE SERVICES OFFERED

5.1. Conditions applicable to the services described in the previous section

5.1.1. Right to change the percentage of the donation

3warnings reserves the right to modify the percentage it allocates to donations for NGO Users, although it commits itself to always be at least 80% of the profits calculated on the basis of the advertising credits consumed, as explained in point 4.2.

The above, as far as possible, the User will always be notified at least FIFTEEN (15) calendar days in advance.

If within TEN (10) calendar days from the receipt of our notification, the User has not notified either his acceptance or his disagreement, it will be understood that he accepts the new conditions.

If as a User you do not agree, you may also cancel your membership in accordance with the provisions of section 6.2. of these conditions.

5.2. Conditions applicable to the platform - Specifics and important clarifications

5.2.1. Territory where we offer the service.

3warnings aspires to operate globally. Initially, it will operate in Spain, then in the European Union, and later, gradually, in all countries that allow it. This situation will be duly updated under the present conditions and on our platform.

5.2.2 NGO Votes

The amount of the donations, as stipulated in section 4 of these conditions, is determined by the benefits produced by the advertisements in the app and the messages sent to subscribers by the advertising Users, as well as the sale of merchandising. They are distributed to each NGO according to the votes made by the users of the mobile application. Users can vote for the NGOs they like best or in which they are most interested. Depending on the number of votes obtained by each NGO, 3warnings make the donations accordingly.

5.2.3 Subscription channel

In your control panel, as an NGO User, you have the option to send messages and files (photos, videos, audios …) to those users of the application who have subscribed to your channel, so you can directly advertise the actions of your NGO and build loyalty to these users, who can vote for your NGO to receive donations made by 3warnings.

5.2.4 Advertising

In the event that your NGO is finally accepted by 3warnings in its project, 3warnings allows your NGO to use the links available in the “links” section of the web platform, in order to inform its members and supporters that your NGO participates in the 3warnings project, and to promote the use of the 3warnings app and ask its users to vote for your NGO in it.

It is not allowed to modify these links, except for the size of the images they contain. In addition, 3warnings allows its NGO the use of the images available in advertising media, for the same purposes as the links. It is not allowed to modify those images, except for the size.

6. USE AND OPERATION OF THE PLATFORM

6.1. What steps should the User who wishes to register and use this platform take?

The User who wishes to use the services made available to him/her must follow the instructions provided on the screen, filling in the relevant forms with the required data and accepting the corresponding legal policies.

6.2. Withdrawal from the service

You can unsubscribe from the platform at any time, in which case, you can contact us via the email address in the header, so that we can proceed with the unsubscription.

7. FORM OF SENDING THE DONATION

7.1. TransferWise

3warnings uses the TransferWise platform to make donations to NGO Users. This platform complies with the requirements of the European Regulation on Personal Data Protection 679/2016 of 27 April.

However, 3warnings informs NGO users that this platform can carry out, in the exercise of its electronic banking functions, international data transfers to third countries that may not comply with European security standards in this area.

Therefore, 3warnings disclaims any problem or liability that may arise in connection with the processing of personal data of NGOs by TransferWise.

Users freely and expressly accept this processing of data through these channels or resources.

7.2. Applicable security measures

3warnings uses information security techniques generally accepted in the industry such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to data, as provided in the applicable privacy policy.

To achieve these purposes, the User accepts that the provider obtains data for the purpose of the corresponding authentication of access controls.

Any process that involves the introduction of personal data, will always be transmitted by secure communication protocol (HTTPS://), so that no third party can access the information transmitted electronically.

Likewise, the security measures of the TransferWise payment service, regulated in its legal texts, are also applied: https://transferwise.com/es/privacy-policy and https://transferwise.com/terms-and-conditions

8. SPECIAL CONDITIONS

3warnings applies these terms and conditions for services intended only for NGO Users.

9. DUTIES AND OBLIGATIONS OF USERS

In addition to the provisions contained in the 3warnings Code of Conduct, the following basic duties are listed for the parties.

9.1. Duties of 3warnings

  1. It is up to 3warnings to indicate the conditions of the services at the time of incorporating them into the platform.
  2. With the effective realization of a donation by 3warnings, it assumes, in relation to the NGO User, all obligations arising from a donation contract.
  3. 3warnings will in any case provide the user the opportunity to exercise their rights of access, rectification, deletion, opposition, portability, limitation to the processing and forgetfulness of their personal data, and take the measures that may correspond to the exercise of these rights. All of this is duly detailed in the Privacy Policy.
  4. 3warnings guarantees that the services it offers are not illegal, immoral, prohibited, or infringe or violate the rights of third parties
  5. It is the duty and responsibility of 3warnings to be up to date with its tax and fiscal obligations.

9.2. Duties of the User NGO

  1. The User undertakes to use the platform with due diligence and in good faith.
  2. The User undertakes not to infringe any of the conditions applicable to them under these terms or any other legal notices applicable to this platform.
  3. To be able to access the web platform, it is necessary to have computer equipment, programs and configurations necessary for the proper functioning of the website and an Internet connection. The expenses related to the connection will be the exclusive responsibility of the User.
  4. The NGO agrees to indemnify 3warnings and/or third parties for any liability, damage, loss or costs arising from the use of this web platform and that, directly or indirectly, may be attributable to it.

10. 3WARNINGS GENERAL RIGHTS

  1. 3warnings reserves the right to remove texts that refer to contact details or information that does not correspond to the reality of the NGO.
  2. 3warnings will be entitled to modify at any time and without notice the image of this platform (design, image, presentation and configuration or operation), as well as the content and functionality included in it, and may remove, modify, add new or subject some aspects to specific conditions, without this implying any alteration of the agreements or business relationship between 3warnings and the User.
  3. In order to obtain the best effectiveness of the website, 3warnings may deny or restrict access to Users who do not respect these conditions, without prior notice.
  4. In addition to these conditions, for the access and use of the Web page, the rest of the legal texts indicated in these conditions must be respected.
  5. 3warnings reserves the right to modify or interrupt, in whole or in part, access to the system temporarily when required by the system for maintenance, updating or repair. As far as possible, Users will be notified of such situations sufficiently in advance.

11. GENERAL USER RESPONSIBILITIES

The User undertakes to make lawful use of our services, without contravening current legislation, or harming the rights and interests of third parties.

It also guarantees the truthfulness and accuracy of the data provided when filling out the registration forms, avoiding the creation of damage to 3warnings or other users as a result of the incorrectness of the data. Among others, to demonstrate that the user is part of the NGO that registers, the user must create a file in the root of his domain, as explained in the control panel of the web platform.

Failure to comply with any of these Conditions may result in the withdrawal or cancellation of services by 3warnings, without prior notice to the User and without this giving him/her the right to any type of compensation.

12. LIMITATIONS AND EXCLUSIONS TO THE LIABILITY OF 3WARNINGS

3warnings controls the veracity and accuracy of the data published by the NGO in the registration form on the platform. However, it is possible a margin of error so, in no case, will be responsible for information that is not accurate, truthful, not current or any other derived from an error from the source where that information was extracted.

Thus, without limitation, 3warnings will not be liable in any case in the event of

  • Errors or confusion related to names, data or information derived from errors published on the original pages or sources from which they were extracted or consulted.

  • Misuse or abuse by the User of the information obtained from our services, such as misinterpretations of the same, or misinterpretations or misuse of the information extracted from another platform.

  • Damages or losses that have occurred as a result of the use of the information extracted from our services or from third party platforms.

  • The content that the user sends to its subscribers through the appropriate messages, which must respect the provisions of all legal texts governing the operation of the website and app of 3warnings and, in particular, the provisions of the code of conduct and advertising policy.

13. APPLICABLE LANGUAGE

In the event of any discrepancy between the text of these conditions and any translation thereof, the Spanish version shall prevail. In the event of any discrepancy between the English version of the conditions and any translation thereof, the English version shall prevail.

14. INTELLECTUAL AND INDUSTRIAL PROPERTY

All rights to the content published on our website concerning the services we offer through them are protected by copyright and trademarks.

In this sense, the services, content, images or logos are owned by 3warnings or by persons or companies that have expressly authorized us to publish them; or they are subject to licenses that allow us to make appropriate use of these materials.

In general, it is expressly forbidden to reproduce, transform, distribute, publicly communicate or make available the contents of this Web site without the written consent of 3warnings.

Any partial or total reproduction of the content by any procedure and in any medium is subject to prior and express authorization from 3warnings, with the limitations and qualifications already contemplated in our intellectual property policy, contained in the Legal Notice of our platform.

15. DATA PROTECTION

The personal data you must provide us with are essential for the provision of the service we offer you through this platform. By registering on the page, you agree to provide us with valid data, data that allows the provision of service by 3warnings and the correct identification as a registered user, as well as for sending information and advertising of the various services that 3warnings believes may be of interest to you, as authorized by you along with the validation of the corresponding Privacy Policy.

3warnings informs its Users that the personal data they provide will be processed for the following purposes:

  • Provision of services, which includes the proper functioning of your panel on the platform and the making of appropriate donations, where appropriate.
  • The notification of promotional agreements that 3warnings may have signed with partner companies to offer users of the website certain services. However, this information will only be provided by 3warnings and not by third parties.
  • Informing you of activities, information or activities that we think may be of interest to you.
  • Respond to queries or requests for information that you may make.
  • Allow access to options that require registration and/or additional validation.
  • Any additional purpose contemplated in our Privacy Policy

At any time and/or when you consider it convenient, you may make use of your rights of Access, Rectification, Suppression, Opposition, Portability, Limitation to Processing and Oblivion through the means and data provided in the Privacy Policy of the platform.

16. MODIFICATION OF CONDITIONS

3warnings reserves the right to modify, at any time and without prior notice, the presentation and configuration of the website, as well as the Terms and Conditions, although it may inform about its modification when it substantially affects the services offered.

As a User, you will always have these Terms and Conditions in a visible place, freely accessible for any consultation you wish to make. In this sense, you must read them carefully each time you access the website. In any case, the acceptance of these conditions will be a previous and indispensable step to operate as an NGO User through our web platform.

17. APPLICABLE JURISDICTION

In the event of any conflict or discrepancy in the interpretation or application of these contractual conditions, the Courts and Tribunals that, where appropriate, will hear the matter will be those of the city of Madrid, renouncing any other jurisdiction that may correspond, unless a law determines otherwise.