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INTRODUCTION

The website aims to connect technology companies wishing to provide pro bono assistance to NGOs. We share information about possible ways of cooperation with NGOs, projects implemented, companies providing help, and organizations looking for help.

1. DEFINITIONS

Whenever you encounter in these Terms the following terms spelled with a capital letter, they should be understood in the following manner:

  1. Administrator, or We – Tech To The Rescue Foundation with its registered office at Warsaw (00-895), ul. Biała 4, entered into the Register of Associations, Other Social and Professional Organizations, Foundations, and Independent Public Health Care Facilities kept by the District Court for the Capital City of Warsaw, XIII Commercial Department of the National Court Register under KRS number 0000937683, NIP (Tax Identification Number) 5272981322, responsible for managing the Website,
  2. Non-profit – an organization whose activities are not for profit, that needs technological support,
  3. User, or You – Non-profit, Tech Company or the Volunteer, who has access to services offered within the Website,
  4. Tech Company – a tech company willing to help Non-profits offering its services pro publico bono through the Website,
  5. Volunteer – adult natural person with full legal capacity to enter into legal transactions,
  6. Website – Internet service operated at www.techtotherescue.org managed by the Administrator,
  7. Initiative – our initiative based on sharing information about possible ways of cooperation by and between Non-profits looking for help and Tech Companies providing help,
  8. Terms – these Terms of Services set out the terms and conditions for the use of Website and Electronic Services, and in addition: (i) the conditions for concluding and terminating an agreement for the provision of electronic services of the Website, (ii) terms and conditions of provision of electronic services, (iii) principles of Administrator’s liability .

2. TECHNICAL REQUIREMENTS

  1. You acknowledge and agree that the minimum technical requirements for the Website to run properly and using the Electronic Services are:
  1. working and efficient telecommunications terminal equipment (computer, tablet, smartphone, etc.) with access to the Internet, enabling the display of the graphical user interface of the Website; and
  2. installed and updated web browser: Microsoft Internet Explorer 8.0 or a later version, Mozilla Firefox 20.0 or a later version, Apple Safari 4.0 or a later version, and Google Chrome 23.0 or a later version; and
  3. active email account (if You want to join to the Initiative or sign up to the Newsletter or downloadable materials); and
  4. support of JavaScript and cookie files enabled.

3. ELECTRONIC SERVICES

  1. Before using the Website and Electronic Services, it’s required to read the Terms and the Privacy Policy. Use of the Website constitutes the User’s agreement to the Terms and Privacy Policy. Acceptance is voluntary but is a condition for the use of Website and electronic services. The Terms are available free of charge via the Website.
  2. The use of Electronic Services is free of charge. Subject to other express provisions of the Website Terms Use, Electronic Services are provided 24 (twenty-four) hours a day, 7 (seven) days a week, at the request of the User.
  3. The Administrator provides electronic services (“Electronic Services”):
    1. browsing the Website,
    2. enable Non-profit and Tech Companies to sign up to the Initiative by placing their data in the database of projects within the Initiative,
    3. sending by the Administrator at periods selected by the Administrator to the e-mail address of the User a newsletter containing information about Administrator and Initative (“Newsletter”,
    4. downloadable online materials (“Ebook”),
    5. participate in the Hackathon (“Hackathon”).
  4. An Electronic Services agreement for browsing this Website is concluded when You enter this Website. 
  5. The provision of Electronic Services is of unlimited duration.
  6. At any time We may terminate the Electronic Services agreement with you for the provision of electronic services with an immediate effect.
  7. You may discontinue your use of the Website at any time, for any reason (Electronic Services for browsing this Website).
  8. Termination of Electronic Services shall not affect an agreement concluded by and between Non-profit and Tech Company.
  9. Electronic Services Agreement is concluded in the English language.

4. JOINING TO THE INITIATIVE

  1. The Initiative is aimed at Non-profits and Tech Companies. Due to the nature of the Electronic Service, it is not addressed to consumers (a consumer is a natural person making a legal transaction with the entrepreneur not directly related to his/her business or professional activity). Therefore, these Terms of Service in this scope shall not apply to the conclusion of contracts with consumers.
  2. Non-profits and Tech Companies can join the Initiative using the proper form in the proper section on the Website. The form for Tech Companies allows Tech Companies to be included on the list of Tech Companies offering free or low bono assistance to Non-profits who need support. The form for Non-profits allows Non-profits to be included on the list of entities seeking help.
  3. An Electronic Services agreement for joining to the Initiative is concluded when the Non-profit or Tech Companies or the Volunteer enters the required data in the proper form and sends them to Us by pressing the ”Take a pledge”; or similar button.
  4. Non-profits and Tech Companies shall provide the required information in the proper form.
  5. Non-profit and Tech Companies are obliged to accept this Terms and the Privacy Policy by marking the appropriate consent place under the Form. The acceptance of this Terms and Privacy Policy is mandatory and necessary to use Electronic Services. Lack of acceptance prevents the use of Electronic Services.
  6. The Administrator in no way guarantees or warrants that every Non-profits that sign up for the Initiative will receive support from a Tech Company. The Administrator is obliged solely to share information about possible ways of cooperation between Non-profits and Tech Companies.
  7. Non-profit and Tech Company cooperated on the separate agreement concluded between Non-profit and Tech Company.
  8. The Volunteer can join the Initiative by using a form in section Tech Companies on the Website. The Administrator can contact the Volunteer in order to accomplish certain individual services for Non-profit or Tech Company. The Volunteer does not provide services or help directly for members of the Initiative.
  9. Non-profits and Tech Companies’ data are visible only to members of the Initiative.
  10. You may terminate the Electronic Services agreement for joining the Initiative any time for any reason. The statement on termination should be made in the electronic or written form to remain valid.

5. NEWSLETTER

  1. The Newsletter service is possible after the User provides his/her e-mail address in the appropriate field on the Website and accept the Website Terms Use. 
  2. In order to receive the Newsletter, the User is not obliged to provide any consideration other than providing personal data in the form of e-mail address.
  3. The User may subscribe to the Newsletter 24 (twenty-four) hours a day, 7 (seven) days a week.
  4. After the User send to the Administrator his/her data, the User receives an email confirming the signing.  The Newsletter Service Agreement is concluded when the User confirm his/her signing up.  
  5. Subscribing to the Newsletter is understood as consent to receive commercial information regarding the Administrator, in accordance with Article 10 of July 18, 2002 on the provision of electronic services.
  6. The Newsletter Service Agreement qualified as the Agreement for the provision of digital content in accordance with the Polish Consumer Rights Act of May 30, 2014.
  7. The Newsletter is provided continuously, for an indefinite period.
  8. The Newsletter is sent in electronic form to the address indicated in the registration form used for subscribing to the above described Newsletter, upon to the User request.
  9. The Administrator shall endeavor to deliver the Newsletter at least once a month, but the Newsletter is not delivered to Users on a regular basis. The timing of delivery of the Newsletter to Users is determined by the Administrator. 
  10. The Newsletter may contain links redirecting to other, external websites provided by other entities. The User is obliged to comply with the terms and conditions of these websites. The Administrator  is not responsible for these websites.
  11. Sign up to the Newsletter constitutes reading and understanding of the Privacy Policy .
  12. The User may withdraw from the Newsletter Service Agreement without giving any reason, within 14 (fourteen) days from the date of its conclusion or the User may terminate the Newsletter Service Agreement at any time and without giving any reason, with immediate effect. 
  13. In order to withdraw from the agreement or terminate the Newsletter Service Agreement the User should send an email to the Administrator’s email address: [email protected] or by click on the “Unsubscribe” button contained in each email sent within the Newsletter.
  14. The Administrator may terminate the agreement the Newsletter Service Agreement with immediate effect for important reasons, which does not require prior notification of the User by the Administrator, i.e. in case of:
  1. violation by the User of the provisions of generally applicable law or the Website Terms Use, including § 9 Website Terms Use,
  2. provision by the User of erroneous or false data or provision of data of third parties,
  3. when the User takes actions that interfere with the functioning of the Website or Electronic Services,
  4. when the User uses the Electronic Services to send illegal content or violates or attempts to violate the technical security of the Electronic Services;
  5. in case of inactivity of the User for a period of one year , including non-opening of messages by the User  (in case of Newsletter).

6. EBOOK

  1. The Administrator provides an E-books – downloadable online materials.
  2. In order to download an E-book, the User is not obliged to provide any services other than providing personal information indicated in the download form.
  3. In order to download an E-book, the User fills out a dedicated form, providing his/her personal information and sends it to the Administrator using the “Sign up and get the book” button or similar. 
  4. The Agreement for downloading an E-book is not continuous. Upon delivery of data to the Administrator and download of E-book by the Users, the Agreement is completed.
  5. Downloading the E-book is equivalent to joining the Newsletter provided in accordance with § 5 of Website Terms Use.

7. HACKATHON

  1. The Administrator shall provide an electronic service to enable participation in the Hackathon as follows:
  1. to send e-mail notifications containing organizational information about the Hackathon organized by Administrator, upon the User’s request  (“Notifications”);
  2. sent an application form for the technology company that is interested in having its employees or associates (regardless of legal basis of employment) participate in a Hackathon competition (“Application form”);
  3. a registration form for the participants who is entitled to participate in the Hackathon (“Registration form”);
  4. a submission form for the not-for-profit organization that has submitted a Challenge to the Hackathon (“Impact Project Description Form”);
  5. a submission for the individuals interested in being mentors during the Hackathon (“Submission Form”).
  • NOTIFICATIONS
  1. An agreement for Notifications is concluded when the User enters the required data in the proper form and sends it to Administrator by pressing the “Keep me inform” or similar button.
  2. The joining to the Notification is a manner to conclude a contract with a Administrator and is only possible if you accept these Website Terms Use.
  3. The provision of Notification is of unlimited duration.
  4. You may terminate the agreement for Notifications any time for any reason, by using button “Unsubscribe me” available in every email or sending an e-mail to us to the following e-mail address: [email protected].
  5. We may terminate the agreement for Notification with User at any time with immediate effect in the event of:
    1. ending the Hackathon or ceasing to organize the competition,
    2. User’s inactivity for 6 months,
    3. violation of the Website Terms Use by the User. 
  •  FORMS
  1. This section is about the Application Form, the Registration Form, the Impact Project Description Form and Submission Form, hereinafter called as “Form”.
  2. An agreement to using Form is concluded when the User enters the appropriate required data indicated on the Form and sends it to the Administrator by using the dedicated button, e.g. ““Register”, “Apply”, “Submit” or similar.
  3. The sending the Forms is a manner to conclude a contract with a Administrator and is only possible if you accept these Website Terms Use.
  4. Sending the Form also means that the person who sends the Form has read the Privacy Policy.
  5. If the Form is sent on behalf of a legal entity, the person sending the Form confirms that she/he is authorized to act on behalf of this entity.
  6. An agreement to using Form is not continuous service. Upon delivery of data to the Administrator, the agreement is completed.

8. TERMS OF SERVICE

  1. Unless these Terms provide otherwise, the Administrator authorized Users to use the Website only within its purpose and functionalities, to the extent provided for each category of User, subject to, inter alia, (i) compliance with applicable laws, (ii) refraining from interfering with the Website, whether through the introduction of viruses and other malicious software, whether through unauthorized decompiling, transfer or use of source code or other trade secrets of the Administrator, and (iii) refraining from supplying to the Website illegal content and from use of elements of the Website, including business identification, goods, services, and other protected objects of intellectual property, in an unlawful manner.
  2. Content, data or other information provided by Users to the Website, are their property, and in any case the User is solely responsible for it, especially for compliance of such information and of its use within the Website with law and these Terms. By placing the information on the Website, you grant the Administrator any such rights and permits as may be necessary to ensure full functionality of the Website.
  3. The Administrator reserves the right to block, delete or otherwise cut off access to content, data and information stored on the Website at the request of the User upon receipt of official notification or other reliable message on the unlawful nature of such information or related activities, or in other such cases as provided for in these Terms or the applicable law.
  4. The Administrator is committed to making sure the Website meets your needs, but does not guarantee that it is free from defects or faults. Unless precluded by mandatory law, the Administrator disclaims all warranty and any other liability that may have arisen or may arise from imperfections of the Website. This provision does not apply towards Users being consumers (this provision shall have binding force on the territory of the European Union).
  5. Users accept that the Website may contain links to external sites, websites and web applications, not owned or otherwise dependent or controlled by the Administrator. Users acknowledge that the Website may be accessed via tools or services of third parties. In any case, linking or use of the third-party resources and facilities is at the User’s expense and risk. The Administrator encourages you to read the terms and conditions of services of such third parties to determine their rights and obligations.

9. THE ADMINISTRATOR’S LIABILITY

  • To the extent permitted by law, the Administrator will not be legally responsible for:
    1. any acts or omissions of the Users,
    2. acts and omissions of telecommunications carriers and service providers used by the User to access to the Electronic Services,
    3. interruptions or difficulties in access to the Electronic Services caused by necessary technical interruptions, failures of telecommunication connections, or caused by force majeure,
    4. the User’s actions which are inconsistent with the Website Terms Use, including damage caused to third parties as a result of the use by the User of Electronic Services in a manner contrary to the Website Terms Use and the law,
    5. provision of third parties’ data by the User during the use of Electronic Service,
    6. consequences of the User providing false, incomplete or incorrect data in the form, or for non-delivery of the Electronic Services for other reasons attributable to the User, e.g. overflowing mailbox.
    7. inability or difficulty in using the Electronic Service due to non-fulfillment the technical requirements specified in the Website Terms Use.
  • To the fullest extent permitted by law, the Administrator disclaims its own, as well as that of its employees, associates and subcontractors, liability in connection with the Website, whether contractual, tortious or otherwise, both in terms of actual damages (losses) as well as lost or expected benefits. This provision does not apply to Users being consumers (this provision has the binding force of law on the territory of the European Union).

10. THE USER’S OBLIGATIONS

The User is obliged in particular to:

  1. provide the Administrator only with accurate, current, and all necessary data of the User;
  2. promptly update the data provided to the Administrator in connection with the conclusion of the agreement;
  3. use the Electronic Services offered by the Administrator in a manner consistent with applicable law and without infringing on third parties’ rights, by the provisions of the Website Terms Use, as well as with customary practice and rules of social coexistence, in particular by not providing unlawful content;
  4. use Electronic Services and the Website in a manner that does not interfere with their functioning,
  5. respect Administrator’s rights, including copyrights and intellectual property rights, to the website and materials published on the website,
  6. refrain from transferring third-party data, including personal data.

11. OUR INTELLECTUAL PROPERTY RIGHTS

  1. You acknowledge and agree that all rights to the Website and the digital content provided as a  part of the Electronic Services, belong to the Administrator. It is forbidden to make use of these rights, including intellectual property rights, otherwise than (i) within the Website and (ii) in accordance with these Terms and applicable laws.
  2. The Website, its individual elements (including graphical user interfaces), texts (including these Terms), navigation solutions, selection and arrangement of contents presented on the Website, graphic art, compilations and derivative works are subject to legal protection as afforded, in particular, to databases, computer programs, graphics, or other works of authorship.
  3. The collection, usage and processing of the content of the Website, including by using web crawlers or other automated data downloading systems from the Website without our consent constitutes a breach of these Terms.
  4. Non-profits, Tech Companies and the Volunteers grant to the Administrator the express right to use the business name of the Non-profits, Tech Companies and Volunteers, their trade or service marks, in connection with the promotion of the Website.
  5. The Administrator grants to Non-profits, Tech Companies and the Volunteers the express right to use the business name of the Administrator and its trade or service marks in connection with the promotion of the Website.
  6. The Administrator grants the User a non-exclusive, territorially unlimited and non-transferable license, without the right to grant sublicenses to use the digital content, for an indefinite period of time. The User is authorized to use the digital content provided by the Administrator exclusively for his/her own use for educational purposes only, for the entire duration of the license, in the following fields of exploitation:
    1. storage of digital content by digital technique on the User’s device,
    2. printing of digital content available in written form.
  7. It is prohibited:
    1. fixation, recording or other forms of copying of digital content,
    2. presentation and sharing of digital content with third parties,
    3. selling, renting or lending digital content to third parties.

12. CONTACT AND COMPLAINTS

  1. You may contact the Administrator within the Website in the following manner:
  2. in writing, sent to the following address: Tech To The Rescue Foundation, ul. Biała 4, 00-895 Warsaw, Poland,
  3. via email: [email protected] .
  4. Your complaints regarding our services provided within the Website to Users may be filed electronically via email:[email protected] , or by written notice to the following address: Tech To The Rescue Foundation, ul. Biała 4, 00-895 Warsaw, Poland.
  5. The complaint should contain at least the identification of the User, including name and surname of User, Company or Non-profits name (if applicable) email address, the status of a User within the Website, and the description of objections, and request.
  6. If data or information included in the complaint needs to be supplemented, before assessing the complaint on its merits, we will ask you to supplement it accordingly.
  7. The Administrator will consider the complaint within 14 days of its receipt in the correct form.
  8. The answer to the complaint will be sent to the e-mail address as specified in the relevant notification or to the address of the sender indicated in the complaint letter.
  9. The Administrator shall not consider a complaint regarding a case currently or previously considered.
  10. Filing a complaint does not exclude the possibility of exercising legal rights.
  11. The Administrator is responsible to the User for the compliance of the digital content provided as part of the Newsletter or Ebook, in accordance with Chapter 5b of the Polish Law on Consumer Rights (Article 43a-43g). If the digital content is inconsistent with the Website Terms Use, the User may demand that the digital content be brought into compliance with the Website Terms Use as part of a complaint. The Administrator  is liable for any non-compliance with the agreement that existed at the time of delivery of the digital content and became apparent within two years from that moment. A lack of conformity which becomes apparent within one year of the supply of digital content is presumed to have existed at the time of its supply.
  12. If the complaint is accepted and the complaint is about the Newsletter or Ebook, the Administrator brings the digital content into compliance with the agreement within a reasonable time from the moment it was informed about the lack of compliance and without excessive inconvenience to the User. The Administrator may refuse to bring the digital content into compliance with the agreement if it is impossible or would require excessive costs for the Administrator.
  13. If the digital content is inconsistent with the agreement, the User may submit a declaration of withdrawal from the agreement, in accordance with § 5 point  12-14 when:
    1. bringing the digital content into compliance with the agreement is impossible or requires excessive costs,
    2. the Administrator failed to make the digital content compliant with the agreement,
    3. the non-compliance of the digital content with the agreement continues, even though the Administrator has tried to bring it into compliance with the agreement,
    4. the lack of compliance of the digital content with the agreement is so significant that it justifies withdrawal from the agreement without prior application of the security measure specified in § 11 point 11 of the Website Terms Use,
    5. it follows from the Administrator’s statement or circumstances that it will not bring the digital content into compliance with the agreement within a reasonable time or without excessive inconvenience to the User.

13. PERSONAL DATA PROCESSING

  1. Privacy and personal data protection principles of the Website Users are defined by the Privacy Policy. By agreeing to these Terms, the User expresses her/his consent to the manner in which the Administrator may treat the personal data provided through or on the Website.
  2. The personal data of Users shall be processed by Administrator as the Data Controller for the purpose of registration and for providing services available in the Service, for marketing and claim resolution purposes, as well as for statistical and analytical purposes of the Administrator. Subject to giving relevant consent, the personal data shall also be processed for the purpose of sending marketing content via selected channels. Further information concerning personal data processing by Us is available in the Privacy Policy.
  3. Contact details of Non-profits will be transmitted to Tech Companies only for purposes relating to the Initiative – performance of the pro publico bono help, or to third parties – in such instances as described in the Privacy Policy.

14. FINAL PROVISIONS

  1. Electronic Services Agreement shall be governed by Polish law. In matters not regulated by these Website Terms Use, provisions of Polish law shall apply, in particular the Act on Consumer Rights and requirements of the Civil Code.
  2. Any disputes related to services provided by the Administrator to Users pursuant to these Terms will be settled by a Polish court having jurisdiction over the Administrator’s registered office. This provision does not apply to Users who are consumers (it has the binding force of law on the territory of the European Union).
  3. Without prejudice to the generality of Section 2 of this Clause, any User afforded consumer protection by EU law may use extrajudicial means of dealing with complaints and redress. To take advantage of the possibility of an amicable settlement of disputes relating to online shopping, you can submit your complaint, for instance, via the EU's Internet platform ODR, available at: https://ec.europa.eu/consumers/odr.
  4. If any provision of these Terms is held to be invalid or unenforceable pursuant to a final judgment, the remaining portion of these Terms will remain valid and enforceable.
  5. The Administrator reserves the right to amend provisions of these Terms and to launch a new version of the Website at any time for important reasons in particular in the case of changes in the conditions of electronic services, suspension of electronic services or their liquidation in whole or in part, as well as in the case of changes in the provisions of law in the scope affecting the implementation of the provisions of the Website Terms Use. We will immediately notify you of amendments to these Terms or of a new version of the Website. You may opt out of the Website in its new version or under new Terms immediately upon receipt of the relevant notification – through continued use of the Website you agree to the changes.
  6. These Terms come into force as of the date of their announcement on the Website.
  7. In the case of continuous Electronic Services, e.g. Newsletter, the amendment of the Website Terms Use shall come into force after 14 days from the moment of informing the User about the changes and making the amended Website Terms Use available. If the User does not accept the changes to this Website Terms, he/she should immediately, no later than 14 days from the date of announcement of the changes, terminate the Electronic Services Agreement in accordance with Website Terms Use.
  8. If the change of digital content significantly or negatively affects the User’s access to digital content, the Administrator will inform the User in advance on a durable medium about the type and date of the change. In this case, the User will be able to terminate the Electronic Services Agreements without notice within 30 days from the date of the change or notification of the change, if the notification was later than the change.
  9. The Website Terms Use shall enter into force on April 5th, 2024.