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Introduction

The website aims to connect technology companies wishing to provide pro publico 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 minimum technical requirements for the Website to run properly and using the Electronic Services are:
  2. 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
  3. 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
  4. active email account (if You want to join to the Initiative); and
  5. support of JavaScript and cookie files enabled.

§3 TERMS OF SERVICE

  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”):
  4. browsing the Website,
  5. enable Non-profit and Tech Company to sign up to the Initiative by placing their data in the database of projects within the Initiative.
  6. An Electronic Services agreement for browsing this Website is concluded when You enter this Website. 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.
  7. The provision of Electronic Services is of unlimited duration.
  8. At any time We may terminate the Electronic Services agreement with you for the provision of electronic services with an immediate effect.
  9. You may discontinue your use of the Website at any time, for any reason (Electronic Services for browsing this Website).
  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.
  11. Termination of Electronic Services shall not affect an agreement concluded by and between Non-profit and Tech Company.
  12. 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. Non-profits and Tech Companies shall provide the required information in the proper form.
  4. 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.
  5. 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.
  6. Non-profit and Tech Company cooperated on the separate agreement concluded between Non-profit and Tech Company.
  7. 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.
  8. Non-profits and Tech Companies’ data are visible only to members of the Initiative.

§ 5. 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.

§ 6. THE ADMINISTRATOR'S LIABILITY

  1. The Administrator will not be legally responsible for any acts or omissions of the Users.
  2. We will not be liable for disruptions in the functioning of the Website caused by a force majeure event, failure of equipment or unlawful interference by Users, or for damage that might have occurred in the assets of the User as a result of a malfunction of the Website.
  3. 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).

§ 7. OUR INTELLECTUAL PROPERTY RIGHTS

  1. You acknowledge and agree that all rights to the Website 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.

§ 8. 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.

§ 9. 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 contents 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.

§ 10. FINAL PROVISIONS

  1. Electronic Services Agreement shall be governed by Polish law.
  2. Any disputes related to services provided by the Administrator to Users pursuant to this Terms will be settled by Polish court having jurisdiction over the registered office of the Administrator. This provision does not apply to Users being consumers (this provision 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 the 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.