Terms of service
§ 1 General provisions
- These Terms of Service define the terms of service for the provision by the Service Provider of Services and the use by the Users of the Website. The Terms of Service are made available free of charge in a form that allows them to be downloaded, recorded and printed. The current version of the Terms of Service is available on the website: www.remotesensei.org/terms-of-service/.
- The terms used in these Terms of Service shall have the following meaning:
- „Asana Tools” – Asana platforms and tools for team management and organization of workflow, provided by the Supplier;
- „Supplier” – Asana Inc., 633 Folsom Street , Suite 100, San Francisco, CA 94107, and its affiliates;
- „Consumer” – a User who is a natural person, using the Website or Services in a way not directly related to his business or professional activity;
- „Civil Code” – Act of April 23, 1964 Civil Code (Journal of Laws 1964 No. 16, item 93, as amended);
- „Copyright Act” – the Act of February 4, 1994 on copyright and related rights (Journal of Laws 2006 No. 90, item 631, as amended);
- „Consumer law” – the Act of May 30, 2014 on consumer rights (Journal of Laws of June 24, 2014, item 827, as amended);
- „Terms of Service” – these terms of service;
- „GDPR” – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC;
- „Website” – a website located at the Internet address www.remotesensei.org/ and its subpages, maintained by the Service Provider;
- „Services ” – services provided by the Service Provider to Users via the Website, described in § 2 Sec. 1 of the Terms of Service;
- „Service Provider” – Zdalna Fundacja with its registered office in Warsaw at ul. Długa 29 , 00-238 Warsaw , entered into the register of entrepreneurs and the register of associations, other social and professional organizations, foundations and independent public health care institutions of the National Court Register, kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number: 0000711816, NIP: 5542959902, REGON: 369217972, email address: email@example.com, being the administrator of the Website;
- „Act” – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended );
- „User” – any natural person, including a Consumer, a legal person or an organizational unit without legal personality, which the law grants legal capacity, using the Website or Services.
- As part of using the Website and Services, it is forbidden for the User to provide any information which is unlawful, offensive or infringes personal rights or legitimate interest of the Service Provider, Supplier or third parties. It is also forbidden for the User to use the Website or Services in a manner contrary to the law, good morals, or in a manner that violates the personal rights or legitimate interest of the Service Provider, Supplier or third parties.
- The Service Provider is not responsible for the consequences of using the Website by the User in a manner contrary to applicable law, the Terms of Service or the rules of social coexistence or customs adopted in this respect.
- The Service Provider declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Users’ data by unauthorized persons, therefore Users should use appropriate technical measures to minimize the abovementioned threats, in particular antivirus programs and programs that protect the identity of those using the Internet.
- To use the Website and Services, it is necessary to have (i) a device that allows you to use Internet resources, (ii) an active Internet connection, and (iii) a properly installed and configured web browser, e.g. Google Chrome, Mozilla Firefox, Microsoft Edge, Safari or other.
- The Service Provider is not responsible for difficulties or limitations in the use of the Website or Services resulting from incorrect configuration of the User’s software or hardware, or resulting from problems with the User’s hardware or Internet connection.
- The Service Provider reserves the right to modify, limit, suspend or terminate the provision of specific functionalities of the Website or Services, in particular due to the need for maintenance, review or expansion of the technical base.
- All elements of the Website, in particular (but not limited to) trademarks, drawings, models, images, audio and video files, texts, photos, logos, graphics, graphic maps, software, search engines and databases, both jointly and individually, are the exclusive property of the Service Provider, its suppliers (including the Supplier) or its partners and are protected by Copyright Act. It is forbidden for the User to reproduce, copy, transfer, distribute or store part or all of the content of the Website.
- The Service Provider has the right to post advertising and marketing content on the Website regarding the Services and other products of the Service Provider or third parties.
§ 2 Types of Services
- Through the Website, it is possible to use the following services:
- free consultation with the Service Provider on the implementation of Asana Tools in the User’s company/team, optimization of the User’s way of working with the Asana Tools, selection of a subscription plan for the Asana Tools for the User and / or digital transformation of the User’s teams or organization – the description of the Service is provided in § 3 of the Terms of Service;
- free valuation of the Asana Tools subscription plan and submission of an offer request for the Asana Tools subscription plan – the description of the Service is provided in § 4 of the Terms of Service;
- free subscription of the 30-day trial period of the Asana Tools – the description of the Service is provided in § 5 of the Terms of Service;
- free download of materials and publications made available by the Service Provider on the Website – the description of the Service is provided in § 6 of the Terms of Service;
- live chat service, enabling the User to communicate with the Service Provider – the description of the Service is provided in § 7 of the Terms of Service.
§ 3 Consultation Service
- The Service Provider enables the User to book via the Website a free consultation with the Service Provider the implementation of Asana Tools in the User’s company/team, optimization of the User’s way of working with the Asana Tools, selection of a subscription plan for the Asana Tools for the User and / or digital transformation of the User’s teams or organization.
- In order to book a consultation, the User should select the appropriate tab on the Website, and then fill in the application form, indicating the subject of the consultation, the size of the organization/team, as well as the e-mail address and the User’s name and surname, and then select the consultation date.
- After submitting the form and booking the consultation date, the User will receive a confirmation of the consultation date to the e-mail address indicated in the form, and as of this moment the consultation is considered booked.
- Consultations take place only through means of remote communication on Google Meet, Zoom or Microsoft Teams platform.
- The Service Provider reserves the right to cancel the booked consultation at least one hour before its date, of which he will inform the User to the e-mail address provided by him.
§ 4 Valuation Service
- The Service Provider enables the User to make a free valuation of the Asana Tools subscription plan via the Website, as well as submit an offer request for the Asana Tools subscription plan.
- After completing the valuation in accordance with sec. 2 above, the User may submit an offer request regarding the Asana Tools subscription plan selected in accordance with sec. 2 above, by completing the appropriate form, indicating his/her name and e-mail address, and then selecting the “Receive an offer in PDF” icon. After submitting the request, the User will receive information to the indicated e-mail address about the acceptance of the inquiry. In the subsequent e-mail, the User will receive the Service Provider’s offer for subscription plan for the Asana Tools selected in accordance with sec. 2 above.
- Notwithstanding Sec. 2 and 3 above, the User may order a valuation of the Asana Tools subscription plan, as well as an offer request regarding the selected Asana Tools subscription plan, by contacting the Service Provider directly at the following e-mail address: firstname.lastname@example.org.
- The User acknowledges that the valuation is based on the information provided by the User and is based on the official prices of the Supplier, however, it is only informative at the time of its preparation and within the meaning of the Civil Code does not constitute an offer, but only an invitation to submit offers.
§ 5 Trial version of Asana Tools
- The Service Provider enables the User to subscribe to a free 30-day trial version of the Asana Tools via the Website.
- To order a subscription for a free trial version of the Asana Tools, the order form in the appropriate tab of the Website should be completed, by indicating: e-mail address and the name and surname of the User. After completing the above, to order the Service, the User selects the “Start the trial activation process” icon.
- [After submitting the order form, the User will receive an order confirmation, activation data and onboarding materials, to the e-mail address indicated in the order form]
- After the expiry of the 30-day trial period of subscription to the trial version of the Asana Tools, the free version of the Asana Tools is activated, unless the User subscribes to a paid package of Asana Tools on the terms of service agreed with the Service Provider or directly with the Supplier.
- To the fullest extent possible, the Service Provider’s liability for the Asana Tools is excluded, including
- for the functionalities, errors or suitability for the agreed use of the Asana Tools,
- for non-use or improper configuration of the Asana Tools by the User,
- for any damages, losses, including lost profits, costs or expenses related to or incurred by the User as a result of the use (or non-use) of the Asana Tools, and
- under implied warranty (rękojmia) or defective product liability with respect to the Asana Tools.
§ 6 Materials and publications
- The Service Provider enables the User to download materials and publications of the Service Provider and its partners free of charge from the Website.
- All materials and publications made available to the User on the Website, and each of their elements, both jointly and individually, are the sole property of the Service Provider or its partners, are protected by copyright and are made available to Users only for private use. In particular, these materials may not be used by Users for commercial purposes, sold, resold or made available to third parties.
- The nature of the materials and publications is for information purposes only. The Service Provider is not responsible for their use by the User or for failure of these materials and publications to meet the User’s expectations. The Service Provider reserves the right to update materials and publications.
§ 7 Live chat
- The User has the option of direct communication with the Service Provider via the live chat window in order to obtain information about the Services or submit other inquiries.
- Providing information by the Service Provider may require prior verification of the User in order to enable his identification in connection with a given inquiry or case.
- The live chat service is free of charge and the User may resign from it at any time.
§ 8 Complaints
- The User may submit a complaint regarding the provision of Services by the Service Provider.
- A complaint may be submitted in writing to the address of the Service Provider’s registered office (Zdalna Fundacja, ul. Długa 29, 00-238 Warsaw) or in electronic form to the Service Provider’s e-mail address email@example.com.
- In the complaint, the User should include his name and surname and contact details, e-mail address, correspondence address (if the complaint is submitted in writing), the subject of the complaint, taking into account the circumstances justifying the complaint.
- The Service Provider shall immediately, but not later than within thirty (30) days, consider the complaint and reply to the User’s e-mail address provided in the complaint.
- In a situation where it is necessary to obtain additional explanations from the User in order to consider the notification, the deadline for responding to the notification is additionally extended by the time of providing explanations by the User.
- The User who is a Consumer has the right to use out-of-court means of dealing with complaints and pursuing claims. Detailed information on the possibility for the Consumer to use out-of-court methods of dealing with complaints and pursuing claims and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the addresses of the websites of the Office of Competition and Consumer Protection.
§ 9 Withdrawal from the contract
- Subject to Sec. 2 and 3 below, a Consumer who has concluded a distance or off-premises contract may withdraw from it within 14 days without giving any reason and without incurring costs. The statement of withdrawal should be sent to the address of the Service Provider’s registered office (Zdalna Fundacja, ul. Długa 29, 00-238 Warsaw) or to the e-mail address firstname.lastname@example.org.
- The User, including the Consumer, in accordance with Article 38 point 1 of the Consumer law, has no right to withdraw from the contract for the provision of services, if the Service Provider fully procured the services with the express consent of the User, who has been informed before the commencement of provision of such services, that after the provision of services the Users loses the right to withdraw from the agreement.
- The User, including the Consumer, in accordance with Article 38 point 13 of the Consumer has no right to withdraw from the contract for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline for withdrawal from the contract and after informing him by the Service Provider about the loss of the right to withdraw from the contract.
§ 10 Personal data and cookies
§ 11 Final provisions
- In matters not covered by the Terms of Service, the provisions of applicable Polish law shall apply, in particular the Civil Code, the Act, Copyright Act and Consumer law.
- The Service Provider is entitled to amend the Terms of Service in the following cases:
- changes in the law having a direct impact on the content of the Terms of Service;
- the imposition of certain obligations by state authorities;
- improving the operation of the Website and User service;
- adding, suspending or removing the functionality of the Website or Services;
- changes in the scope of Services provided, including the introduction of new ones;
- improving the protection of Users’ privacy;
- fraud prevention and security considerations;
- technological and functional changes;
- editorial and organizational changes;
- organizational or legal changes of the Service Provider.
- The amendment to the Terms of Service takes place by publishing the content of the amended Terms of Service on the Website. The change enters into force upon publication.
- The amendment to the Terms of Service, to the extent that it relates to contracts concluded before the amendment to the Terms of Service, does not change their content and conditions.
- This version of the Terms of Service is effective as from 27.04.2023