This Public Offer for Charitable Donations (hereinafter referred to as the “Offer”) is aimed at an indefinite circle of individuals (hereinafter referred to as the “Donor”) who are visitors of the official website of the Non-Governmental Organization “Great Idea” (hereinafter referred to as the “Organization”) at the link https://greatidea.org.ua/ (hereinafter referred to as the “Website”) and wish to make a charitable donation in accordance with this Public Offer (hereinafter referred to as the “Charitable Donation Agreement”). The Parties are collectively referred to as the “Parties,” and individually as the “Party.”
1.1. Public Offer – a valid proposal by the Organization, posted on the Website, regarding the provision of charitable donations addressed to an unlimited number of persons, including the Donor.
1.2. Acceptance – full and unconditional acceptance of the Public Offer by taking actions to make a money transfer using the payment forms and methods available on the Website, as well as by transferring funds to the Organization’s settlement account through banking institutions. The moment of Acceptance is the date of funds are credited to the Organization’s bank settlement account.
1.3. Charitable Donation – the free transfer by the Donor of assets to the ownership of the Organization for the achievement of specific pre-agreed goals within the scope of the Agreement and the Law of Ukraine “On Charitable Activities and Charitable Organizations.”
2.1. The subject of this agreement is the free and voluntary transfer from the Donor to the Organization of monetary funds through voluntary donations for the implementation of statutory goals and activities of the Organization, as well as for the provision of charitable assistance by the Organization in accordance with the Law of Ukraine “On Charitable Activities and Charitable Organizations” and the programs of the Foundation.
2.2. The volume and amount of charitable donations are determined solely at the discretion of the Donor.
2.3. The performance by the Parties of the terms of the Offer is not intended to obtain profit or any benefits for either party.
2.4. The Parties confirm that the receipt of profit (directly or indirectly) by the Parties is not the subject of the Offer.
2.5. The acceptance of this Public Offer by the Donor is made by making a Charitable Donation payment.
3.1. Acceptance of the Offer (acceptance of the terms of the Offer) means that the Donor agrees to all its provisions, is familiar with the Organization’s Statute, which is posted electronically on the Organization’s Website, fully understands and agrees to the subject matter of the Donation Agreement, the purpose and objectives of the public fundraising of charitable donations, and the Organization’s right to use a portion of the Donor’s Charitable Donation for the Organization’s administrative expenses, within the limits provided by Ukrainian legislation.
3.2. The Donor and the Organization, guided by Article 207, Part 2 of Article 639, Articles 641 and 642 of the Civil Code of Ukraine, agree that from the moment of Acceptance of the Offer, the Charitable Donation Agreement shall be considered concluded.
3.3. The Parties agree that the failure to observe the written form of the Charitable Donation Agreement by the Parties does not render it invalid.
4.1. The Organization has the right to:
4.1.1. Receive Charitable Donations and use them in accordance with the terms of the Offer and the Charitable Donation Agreement.
4.1.2. Change the directions of using the charitable donation within the framework of the Organization’s Statutory activities.
4.1.3. Use a portion of the Charitable Donation for the Organization’s administrative expenses without the Donor’s consent, within the limits provided by Ukrainian legislation.
4.2. The Organization is obliged to:
4.2.1. Provide the necessary conditions for the Donor to make the Charitable Donation in accordance with the terms of the Offer.
4.2.2. Use the received charitable donations to achieve the goals envisaged by the Organization’s Statute.
4.2.3. Preserve confidential information (including personal data) received from the Donor and not disclose it to third parties without the Donor’s consent, except in cases provided by the Offer and current Ukrainian legislation.
5.1. The Donor has the right to:
5.1.1. Transfer a voluntary charitable donation to the Organization’s account in the manner specified in the Agreement.
5.1.2. Contact the Organization to obtain a report on the use of charitable donations by the Organization.
5.2. The Donor is obliged to:
5.2.1. Carefully and thoroughly familiarize themselves with all the rules and conditions of the Offer and accept them when making a charitable donation payment, as well as all additional rules governing the relationship between the Parties in accordance with the Offer.
6.1. Public fundraising is conducted on the territory of any country in the manner provided by Article 7 of the Law of Ukraine, “On Charitable Activities and Charitable Organizations.” The direct activities of the Organization related to public fundraising under the Agreement are carried out at the Organization’s location.
6.2. Public fundraising continues until the liquidation of the Organization unless otherwise specified by the Organization.
7.1. The organization provides the Donor with the opportunity to make a charitable donation through an electronic payment on the Website by transferring funds to the organization’s bank account (via the LiqPay payment service). The Donor can choose between a one-time or recurring payment format (with the ability to cancel recurring payments at any time).
7.2. The payment is considered completed by the Donor at the moment of successful transaction confirmation by the bank or payment system. The Donor bears all expenses related to the transfer of the donation.
7.3. Charitable donations made by the Donor are non-refundable under any circumstances.
Public fundraising events are conducted within the territory of any country worldwide. The organization’s direct activities related to public fundraising under this Agreement are conducted at the organization’s location.
9.1. The utilization of charitable donations collected under this Agreement is carried out in accordance with the objectives of the organization’s statutory activities. The organization exercises discretion in the allocation of charitable donations. Once received by the organization, charitable donations are not refunded. The parties shall bear responsibility for any violations of the terms of this Agreement or the procedures for utilizing charitable donations as stipulated by the current legislation of Ukraine.
9.2. The Donor or authorized representatives have the right to exercise control over the designated use of the charitable donation.
9.3. Procedure for general access to the organization’s financial reports:
Access to the organization’s reports is granted by contacting the organization via the email address fundraiser@ngogreatidea.com, indicated on the website https://greatidea.org.ua/. Other information is provided by the organization in accordance with the procedures and timelines stipulated by the legislation of Ukraine.
10.1. In the event of non-performance or improper performance of their obligations under this Offer, the Parties shall be liable in accordance with the current legislation of Ukraine and the terms of this Offer.
10.2. The organization shall not be liable for the actions/inactions of third parties that prevent the organization from fulfilling its obligations under this Offer.
11.1. By accepting this Offer, the Donor confirms that they have read and agreed to the terms of Appendix No. 1 to this Agreement regarding the collection and processing of personal data.
11.2. The organization collects and processes the Donor’s personal data for the purpose of fulfilling its obligations under the Offer and in accordance with the Law of Ukraine “On Personal Data Protection.”
11.3. The Donor agrees that after providing their information during the charitable donation, subscription to the organization’s news on the Website, they may receive reports on the results of public fundraising and the use of charitable donations by the organization, letters, and notifications, including promotional materials. Additionally, the organization has the right, without the Donor’s consent, to publish the Donor’s surname, first name and patronymic or the name of the Donor as a Donor to the organization on the Website or in any mass media. However, the organization undertakes not to disclose the email address and other information about the donors to third parties, except in cases provided by the current legislation of Ukraine.
11.4. The organization undertakes not to disclose the email address and other information about the donors to third parties, except in cases provided by the current legislation of Ukraine.
11.5. The organization shall not be liable for the disclosure of personal data that occurs as a result of unlawful actions of third parties or with the Donor’s consent.
12.1. The Public Offer takes effect from the moment of its publication on the Website and remains in effect until the liquidation of the organization unless another term is determined by the organization. The provisions of this clause also apply to amendments (changes) to the Offer.
12.2. The organization has the right to change the terms of the Public Offer without the consent of the Donor. The organization reserves the right to unilaterally change the terms of the Offer at any time, without any restrictions, by publishing a new version of the Offer on the Website.
12.3. The Donor is obliged to independently monitor the changes in the terms of the Offer by familiarizing themselves with the current new (current) edition on the Website.
13.1. Disputes and disagreements arising in the performance of the charitable donation agreement concluded under the terms of the Offer shall be resolved through negotiations in writing.
13.2. A claim shall be submitted by the Party in writing by sending a registered letter with acknowledgment of receipt, within a period not exceeding 10 (ten) calendar days from the date of the occurrence of objections that form the basis for the dispute or disagreement. The claim shall be considered within 10 (ten) calendar days from the date of its receipt by the Party to whom it is addressed.
13.3. In the event of the Parties’ inability to reach an agreement during negotiations in written form, the dispute shall be resolved in accordance with the procedure provided by the current legislation of Ukraine.
13.4. For all other matters not provided for in this Offer, the Parties shall be guided by the current legislation of Ukraine.
14.1. The Parties shall be released from liability for non-performance or improper performance of their obligations under the terms of the Offer if such non-performance is a result of force majeure circumstances and their consequences, including but not limited to: fires, epidemics, floods, earthquakes, or other natural disasters, war and military actions, strikes, sabotage, accidents, mass disorder and riots, quarantine restrictions, acts of state authorities or management, international sanctions, etc., which directly affect the performance of the Agreement and arise after its conclusion. In this case, the performance period of obligations under such Agreement is extended for the duration of the specified circumstances and their consequences.
14.2. The Party that is unable to fulfill its obligations under the Agreement due to force majeure circumstances and their consequences shall notify the other Party in writing within 15 days about the commencement or termination of the impact of these circumstances and provide documentary evidence of their occurrence and existence.
14.3. Failure or untimely notification of force majeure circumstances deprives the respective Party of the right to invoke these circumstances as grounds for exemption from liability. The organization may notify about the occurrence of force majeure circumstances, among other means, by posting relevant information on the Website.
14.4. Confirmation of the existence and duration of the force majeure circumstances shall be certificates issued by authorized state authorities of Ukraine.
Consent for the Processing of Personal Data
By Accepting the Public Offer to Make a Charitable Donation, which is posted on the website of the NGO “Great Idea” on the Internet: https://greatidea.org.ua/, in accordance with the Law of Ukraine “On Personal Data Protection” dated June 1, 2010, No. 2297-VI, I give consent to the NGO “Great Idea” (hereinafter referred to as the Organization) for the processing and use of my personal data (name of the database: NGO “Great Idea”) in accordance with the established Procedure for the purpose of implementing the statutory activities of the Organization, involving individuals in activities in accordance with the statutes of the Organization and the legislation of Ukraine to the extent necessary for the implementation of the stated purpose of personal data processing.
Furthermore, I consent to the fact that my personal data may be transferred/disclosed (including for their further processing and use) in connection with the exercise of competence in the field of activity between the Organization and me to third parties.
Moreover, I agree that third parties may be granted access to my personal data upon their request, provided that these persons undertake to ensure compliance with the requirements of the Law of Ukraine “On Personal Data Protection” in the manner prescribed by Article 16 of the Law “On Personal Data Protection”.
I undertake to promptly provide updated information to the NGO “Great Idea” and submit originals of relevant documents for the inclusion of my new personal data in the database of partner personal data in case of changes to my personal data.
By accepting the Public Offer to Make a Charitable Donation posted on the website of the NGO “Great Idea” on the Internet: https://greatidea.org.ua/, I confirm that I have received the notification of including my personal data in the personal data database for the purpose of implementing the statutory activities of the Organization, involving individuals in activities in accordance with the statutes of the Organization and the legislation of Ukraine, as well as information about the rights established by the Law of Ukraine “On Personal Data Protection.”
