This public offer for a charitable donation (hereinafter – the Offer) is addressed to an indefinite range of individuals and legal entities visiting the website of the KEEP GOING CHARITABLE FOUNDATION CHARITABLE ORGANIZATION, identification code 44660520 (hereinafter – the Organization, Foundation) posted on the Internet at https://www.keepgoing.com.ua (hereinafter – the Website), and is an official and public offer of KEEP GOING CHARITABLE FOUNDATION CHARITABLE ORGANIZATION, represented by Director, Safonov Yevhenii Volodymyrovych, acting under the Articles of Association, to conclude a charitable donation agreement (hereinafter – the Agreement), the scope and essential terms and conditions of which are specified below.
Offer means a valid offer of the Organization, posted on the Internet at https://www.keepgoing.com.ua to provide a charitable donation, intended for an indefinite range of individuals and legal entities.
Acceptance means full and unconditional acceptance of the Offer by transferring money or virtual assets using the payment forms and means posted on the Website, as well as by transferring money to the current account of the Foundation through banking institutions and payment processing companies. Acceptance means the Benefactor’s acceptance of all terms and conditions of the Offer and the Agreement and, accordingly, the conclusion of this Agreement between the Foundation and the Benefactor. The Acceptance shall be deemed to occur at the time of performing actions to transfer the funds and virtual assets using the payment forms and means posted on the Website, or, regardless of any actions of the Benefactor on the Website, performing a transfer through a bank institution.
Charitable donation means a gratuitous and irrevocable transfer of funds by the Benefactor to the Organization to achieve certain goals stipulated by the Articles of Association or programs of the Organization according to the Articles of Association of the Organization and this Agreement.
Benefactor means a capable individual or legal entity that has made the Acceptance of the Offer.
Beneficiary means a beneficiary of the Benefactor (an individual, a legal entity, a non-profit organization or a local community) receiving assistance from one or more benefactors to achieve the goals stipulated by the Law of Ukraine on Charitable Activities and Charitable Organizations.
The scope of this Agreement is a gratuitous and voluntary transfer of money or virtual assets by the Benefactor to the Foundation by means of a charitable donation for the implementation of the Foundation's statutory activities, or allowing the Foundation to decide on the use of such funds. The Foundation shall, taking into account the type of the charitable donation use chosen by the Benefactor, subsequently determine the beneficiary at its sole discretion. The scope of this Agreement is not the making, directly or indirectly, of profit by any of the Parties hereto.
The Benefactor understands and agrees that his or her charitable donation will be used for the purposes set forth in the Articles of Association of the Foundation, which can be requested by email info@keepgoing.com.ua.
Should the Benefactor indicate the purpose indicated in a relevant announcement on the public raising of charitable donations for a specific purpose in the payment purpose (implementation of a charitable program or project, assistance to a specific beneficiary posted on the Website), the Foundation shall use the charitable donation for the specified purposes. Where the charitable donation received by the Foundation cannot be used for the specified purpose due to objective reasons (due to the raising of a sufficient amount of charitable donations for the implementation of the purpose, the lack of a need for further assistance, etc.), the Benefactor agrees, and the Foundation shall be entitled and undertake to use the Benefactor’s charitable donation for similar purposes within the statutory activities of the Foundation.
On the basis of Articles 207, 639, 641, 642 of the Civil Code of Ukraine, this Agreement shall be deemed to have been concluded in writing upon Acceptance.
3. Rights and obligations of the Foundation
The Foundation shall be entitled to:
– Receive charitable donations and use them in accordance with the scope, terms and conditions of this Agreement and the Articles of Association of the Foundation.
– Change the goals, directions and objectives of using the charitable donation within the Foundation's statutory activities without the Benefactor’s consent, except for the cases specified in clause 2 hereof.
– Use a part of the charitable donation to cover the Foundation's administrative expenses in the amount no greater than the one stipulated by applicable laws of Ukraine without the Benefactor’s consent.
The Foundation shall:
– Use the charitable donations received in accordance with the scope, terms and conditions of this Agreement and the Articles of Association of the Foundation.
– Report on the use of charitable donations in the manner prescribed hereby.
– Monitor the intended use of the charitable donation.
Public raising of charitable donations shall be carried out in the territory of any country worldwide. The direct activities of the Foundation regarding the public raising of donations hereunder shall be carried out in accordance with the Articles of Association of the Foundation.
Public raising of charitable donations on the basis of this Agreement shall be carried out throughout the term of the Foundation's operation until its termination, unless otherwise stipulated by the decision of competent management bodies of the Foundation. Where there are targeted charitable projects, the public collection of charitable donations shall be carried out during the terms specified in a relevant announcement on the public raising of charitable donations for a specific purpose.
The charitable donations raised hereunder shall be used in accordance with the goals, objectives, directions and tasks of the Foundation, as defined in its Articles of Association, and in cases stipulated by clause 4 hereof – as stipulated by a relevant announcement on the public raising of charitable donations for a specific purpose. Charitable donations received by the Foundation may be returned to the Benefactor in cases stipulated by applicable laws of Ukraine.
Liability of the Foundation for the violation of this Agreement or the use of charitable donations shall arise on the grounds, within the scope and in the manner stipulated by applicable laws of Ukraine.
The Foundation shall not be liable in the event of actions/omissions of the third parties, which prevented the Foundation from performing its obligations under the Offer.
Access to the reports on the use of charitable donations by the Foundation shall be granted to the Benefactor at his/her request in writing. The other information shall be provided by the Foundation in the manner and within the terms stipulated by applicable laws of Ukraine. The Foundation may publish reports on the use of charitable donations on its Website.
The Benefactor, by making the Acceptance, confirms that s/he/it has reviewed and accepted the collection and processing of his/her/its personal data.
The Foundation shall collect and process the Benefactor's personal data in order to perform its obligations in accordance with the Offer and the Law of Ukraine on Personal Data Protection.
The Benefactor agrees that after entering the information about him/her/itself at the time of making the charitable donation or subscribing to the Foundation news on the Website, s/he/it may be sent reports on the results of public fundraising activities and the use of charitable donations by the Foundation, letters and messages, including advertisements.
The Foundation shall not transfer the e-mail address and other information about the benefactors to the third parties, except in cases stipulated by applicable laws of Ukraine.
The Foundation shall not be liable for the disclosure of personal data resulting from unlawful actions of the third parties or if such disclosure occurred with the consent of the Benefactor.
Disputes and controversies arising during the performance of the Charitable Donation Agreement concluded on the terms and conditions of the Offer shall be resolved by negotiations in writing.
The claim shall be submitted to the Party in writing by registered mail with return receipt requested within ten (10) calendar days from the date of occurrence of the comments constituting the grounds for a dispute or controversy. The claim shall be considered within ten (10) calendar days, calculated from the date of its service to the intended recipient Party.
Should the Parties fail to reach an agreement during negotiations in writing, the dispute shall be considered in the manner prescribed by applicable laws of Ukraine.
In all other matters not covered hereby the Parties shall be governed by applicable laws of Ukraine.
The Parties shall be released from liability for failure to perform or improper performance of their obligations hereunder if such failure resulted from the force majeure and its consequences, namely fires, epidemics, floods, earthquakes or other acts of God, war and military actions, strike(s), sabotage, accidents, mass riots and public disturbances, quarantine restrictions, acts of public authorities or administration bodies, international sanctions, etc., directly affecting the performance of this Agreement and occurring after its conclusion. In this case, the term for performance of obligations hereunder shall be extended for the duration of the above circumstances and their consequences.
The Party unable to perform its obligations hereunder as a result of the force majeure and its consequences shall notify the other Party in writing about the beginning or end of these circumstances within 15 days, as well as provide documentary evidence of their occurrence and existence.
Failure to notify or late notification about the force majeure shall deprive the Party concerned of the right to refer to these circumstances as the ground for exemption from liability. The Organization may make a notice about the force majeure occurrence, including, but not limited to, by posting relevant information on the Website.
The existence and duration of the force majeure shall be confirmed by certificates issued by the authorized public authorities of Ukraine.
All costs associated with the payment of amounts (commission fees, duties, taxes, etc.) related to the transfer and crediting of the charitable donation shall be borne by the Benefactor.
The Benefactor agrees that after entering the information about him/her/itself when making a charitable donation or registering on the Website, the Foundation may send letters and messages, including electronic ones, to the e-mail address or contact phone number of the Benefactor. Furthermore, the Foundation shall be entitled, without the consent of the Benefactor, to disclose the amounts of donations in its own reporting, on the Website or in any media, without indicating the personal data of the Benefactor (name of the Benefactor as the benefactor of the Foundation). The Foundation shall not disclose the email address and other information of the Benefactor to the third parties, except in cases stipulated by this Agreement and applicable laws of Ukraine.
Offer revision dated June 08, 2022
Posted on the Website on July 06, 2022
