Privacy Policy

This Public Offer for Donations for Charitable Purposes (hereinafter referred to as the Offer) is addressed to an unspecified group of individuals (hereinafter referred to as the Benefactor) who are visitors to the official website of the Public Organization “SEMA UKRAINE” (hereinafter referred to as the “Organization”) on the Internet at the link https://semaukaraine.org.ua/ (hereinafter referred to as the “Site”) and wish to make a charitable donation within the meaning of this public offer (hereinafter referred to as the Charitable Donation Agreement), together in the text of the Offer referred to as the “Parties”, and each individually as the “Party”.

 

The text of the Offer is an official proposal of the Public Organization "SEMA UKRAINE", represented by the Chairperson of the Board Iryna Volodymyrivna Dovgan, acting on the basis of the Charter, to conclude an agreement on a charitable donation (hereinafter referred to as the "Agreement"), the essence of which is set out below.

 

1. Definitions and concepts

1.1. Public offer – a valid offer of the Organization, posted on the Site, to make a charitable donation, addressed to an unlimited number of persons, including the Benefactor.

 

1.2. Acceptance – full and unconditional acceptance of the Public Offer by performing actions to make a money transfer using the payment forms and means posted on the Site, as well as by transferring funds to the Organization’s current account through banking institutions. The moment of Acceptance is the date of crediting the funds to the Organization’s bank account.

 

1.3. Charitable donation – a free transfer of funds by the Benefactor into the ownership of the Organization to achieve certain, pre-determined goals of activity, in accordance with the Agreement and the Law of Ukraine "On Public Associations".

 

2. Subject of the contract

2.1. The subject of this agreement is the free and voluntary transfer of funds from the Benefactor to the Organization by making voluntary donations for the implementation of the statutory goals and activities of the Organization.

 

2.2. The Benefactor determines the amount of their charitable donations independently at their own discretion.

 

2.3. The parties' fulfillment 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 Benefactor accepts this Public Offer by making a Charitable Donation.

 

3. Acceptance of the Offer

3.1. Acceptance of the Offer (acceptance of the terms of the Offer) means that the Benefactor agrees with all its provisions, and is fully aware of and agrees with the subject of the Agreement, with the purpose and objectives of the public collection of charitable donations.

 

3.2. The Benefactor and the Organization, guided by Art. 207, Part 2 of Art. 639, Art. 641, 642 of the Civil Code of Ukraine, agree that from the moment of Acceptance of the Offer, the Charitable Donation Agreement is considered concluded.

 

3.3. The absence of a written Charitable Donation Agreement does not invalidate the Agreement.

 

4. Rights and obligations of the Organization

4.1. The Organization has the right:

 

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 use of charitable donations within the framework of the Organization's Statutory activities.

 

4.1.3. Use part of the Charitable Donation for the Organization's administrative expenses, without the consent of the Benefactor, in an amount not exceeding that provided for by the legislation of Ukraine.

 

4.2. The organization is obliged to:

 

4.2.1. Create the conditions necessary for the Benefactor to make a Charitable Donation in accordance with the terms of the Offer.

 

4.2.2. Use the received charitable donations to achieve the goals stipulated by the Organization's Charter.

 

4.2.3. Keep confidential information (including personal data) received from the Benefactor, do not transfer it to third parties without the consent of the Benefactor, except for cases established by the Offer and the current legislation of Ukraine.

 

5. Rights and obligations of the Benefactor.

5.1. The benefactor has the right:

 

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 Organization's use of charitable donations.

 

5.2. The benefactor is obliged to:

 

5.2.1. To carefully and thoroughly read all the rules and conditions of the Offer and accept them when making a payment for a charitable donation, as well as all additional rules governing the relations between the Parties in accordance with the Offer.

 

6. Place and deadlines for receiving charitable donations

6.1. Public collection of donations is carried out on the territory of any country in the world in accordance with the procedure provided for in Article 7 of the Law of Ukraine “On Charitable Activities and Charitable Organizations”. The Organization’s direct activities related to public collection of donations under the Agreement are carried out at the location of the Organization.

 

6.2. Public collection of donations continues until the liquidation of the Organization, unless another period is determined by the Organization.

 

7. Procedure for making a charitable donation.

7.1. The Organization provides the Benefactor with the opportunity to pay the Charitable Donation by electronic payment on the Site, by transferring funds to the Organization's bank account (via the LiqPay payment service). The Benefactor chooses the payment format at their own discretion: one-time or regular (with the ability to cancel regular payments at any time).

 

7.2. The payment is considered to have been made by the Benefactor at the moment of confirmation of a successful transaction by the bank or payment system. All costs of payment of amounts related to the transfer of the donation are borne by the Benefactor.

 

7.3. The charitable donation paid by the Benefactor is not refundable under any circumstances.

 

8. Procedure for using charitable donations:

8.1. The use of Charitable Donations collected under the Agreement is carried out in accordance with the goals of the Organization's statutory activities. The Organization allocates Charitable Donations at its own discretion. Charitable Donations received by the Organization are not returned. The liability of the parties for violation of the terms of this Agreement or the procedure for using Charitable Donations is provided for by the requirements of the current legislation of Ukraine.

 

8.2. The Benefactor or persons authorized by him have the right to exercise control over the intended use of the Charitable Donation.

 

8.3. Procedure for public access to the Organization's financial statements:

Access to the Organization's reports is provided by contacting the Organization at the email address office@sos-ukraine.org , listed on the website https://sos-ukraine.org/. Other information is provided by the Organization in the manner and within the time limits provided for by the legislation of Ukraine.

 

9. Responsibility of the Parties

9.1. In case of failure to fulfill or improper fulfillment of their obligations stipulated by the Offer, the Parties shall be liable in accordance with the current legislation of Ukraine and the terms of this Offer.

 

9.2. The Organization is not liable in the event of actions/inaction of third parties, as a result of which the Organization was unable to fulfill its obligations under the Offer.

 

10. Confidentiality and protection of personal data

10.1. By submitting the Acceptance, the Benefactor confirms that he is familiar with and consents to the collection and processing of personal data.

 

10.2. The Organization collects and processes the Benefactor's personal data in order to fulfill its obligations under the Offer and in accordance with the Law of Ukraine "On Personal Data Protection".

 

10.3. The Benefactor agrees that after entering information about himself/herself when making a Charitable Donation, subscribing to the Organization's news on the Site, he/she may be sent reports on the results of public meetings and the use of charitable donations by the Organization, letters and messages, including those of an advertising nature.

 

10.4. The organization undertakes not to transfer the email address and other information about benefactors to third parties, except for cases provided for by the current legislation of Ukraine.

 

10.5. The Organization is not responsible for the disclosure of personal data that occurred as a result of illegal actions of third parties or if such disclosure occurred with the consent of the Benefactor.

 

11. Offer validity period. Procedure for making changes and additions

11.1. The Public Offer shall enter into force from the moment of its posting on the Site and shall be valid until the liquidation of the Organization, unless another term is determined by the Organization. The provisions of this clause shall also apply to additions (amendments) to the Offer.

 

11.2. The Organization has the right to change the terms of the Public Offer without the consent of the Benefactor. 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 Site.

 

11.3. The Benefactor is obliged to independently monitor changes to the terms of the Offer by reviewing the current new (current) edition on the Site.

 

12. Dispute Resolution Procedure

12.1. Disputes and disputes arising during the performance of the Charitable Donation Agreement concluded under the terms of the Offer shall be resolved through negotiations in writing.

 

12.2. The claim shall be submitted to the Party in writing by sending a registered letter with return receipt requested, within a period not exceeding 10 (ten) calendar days from the date of the occurrence of the observations that are the basis for the dispute or controversy. The claim shall be considered within 10 (ten) calendar days, calculated from the date of its delivery to the Party to which it is addressed.

 

12.3. In the event that the Parties are unable to reach an agreement during negotiations in writing, the dispute that has arisen shall be considered in accordance with the procedure provided for by the current legislation of Ukraine.

 

12.4. On all other issues not provided for in this Offer, the Parties shall be guided by the current legislation of Ukraine.

 

13. Force majeure

13.1. The Parties are exempt from liability for failure to perform or improper performance of obligations under the terms of the Offer, if the specified failure to perform is a consequence of force majeure circumstances and their consequences, namely: fires, epidemics, floods, earthquakes or other natural disasters, war and military actions, strike(s), sabotage, accident, mass disorder and riots, quarantine restrictions, acts of state authorities or management bodies, international sanctions, etc., which directly affect the performance of the Agreement and arose after its conclusion. In this case, the term of performance of obligations under such Agreement is extended for the duration of the specified circumstances and their consequences.

 

13.2. The Party that is unable to fulfill its obligations under the Agreement as a result of force majeure circumstances and their consequences is obliged to notify the other Party in writing within 15 days of the beginning or end of these circumstances, as well as provide documentary confirmation of their occurrence and existence.

 

13.3. Failure to notify or untimely notification of force majeure circumstances deprives the relevant Party of the right to refer to the specified circumstances as exempting from liability. Notification of the Organization about the occurrence of force majeure circumstances is possible, among other things, by posting relevant information on the Site.

 

13.4. Confirmation of the existence and duration of force majeure circumstances are certificates issued by authorized state authorities of Ukraine.

 

14. Information about the Organization:

Public organization "SEMA Ukraine"

01019 Kyiv, Yevhena Chykalenko St. 39, office 43

EDRPOU code 44992888

IBAN UA19 305299 00000 26001016245970

at JSC CB "Privat Bank"

MFO 305299

 

Editorial Offers from March 11, 2024