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Public offer contract
This Public Offer for charitable donations (hereinafter - the Offer) is aimed at an undefined circle of individuals (hereinafter - the Benefactor) who are visitors to the official website of the Association "International Bureau of Legal Assistance" (hereinafter - the "Association") on the Internet at link https://www.iblegalassistance.com/ (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), collectively referred to in the text of the Offer as the “Parties”, and each individually as “ Side".
The text of the Offer is an official proposal of the "International Bureau of Legal Assistance" Association to enter into a charitable donation agreement (hereinafter referred to as the "Agreement"), the essence of which is outlined below.
1. Definitions and concepts
1.1. Public offer - a valid offer of the Association, posted on the Site, to provide 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 taking actions to make a money transfer using the payment forms and means posted on the Site, as well as by transferring funds to the Association's current account through bank institutions. The moment of Acceptance is the date the funds are credited to the bank account of the Association.
1.3. Charitable donation is a free transfer of funds by the Benefactor to the property of the Association for the achievement of statutory goals.
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 Association, by making voluntary donations for the implementation of the statutory goals and activities of the Association.
2.2. The Benefactor determines the volume and amount of charitable donations at his own discretion or by agreement of the parties.
2.3. The fulfillment of the terms of the Offer by the parties is not intended to obtain profit or any benefits for any of the parties.
2.4. The Parties confirm that profit-making (directly or indirectly) by the Parties is not the subject of the Offer.
2.5. The Benefactor's acceptance of this Public Offer is carried out by paying the 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, he is familiar with the Statute of the Association, which is posted in electronic form on the Website of the Association, he is fully aware of and agrees with the subject of the Agreement, with the purpose and goals of the public collection of charitable donations and with the right of the Association to use the Charitable Donation of the Benefactor for the administrative expenses of the Association, in any necessary amount.
3.2. The Benefactor and the Association agree that from the moment of Acceptance of the Offer, the Charitable Donation Agreement is considered concluded.
3.3. The Parties agree that non-compliance by the Parties with the written form of the Charitable Donation Agreement does not mean its invalidity.
4. Rights and obligations of the Association
4.1. The association 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. To change the direction of the use of the charitable donation within the statutory activities of the Association.
4.1.3. To use a part of the Benefactor's donation for the administrative expenses of the Association, without agreement with the Benefactor, in the necessary amount.
4.2. The association is obliged to:
4.2.1. Create the necessary conditions for the Benefactor to make a Charitable Donation in accordance with the terms of the Offer.
4.2.2. To use the received charitable donations to achieve the goals stipulated by the Association's Charter.
4.2.3. To keep confidential information (including personal data) received from the Benefactor, not to transfer it to third parties without the consent of the Benefactor, except for cases established by the Offer and current legislation.
5. Rights and obligations of the Benefactor.
5.1. The benefactor has the right:
5.1.1. Transfer a voluntary charitable donation to the Association's account in the manner specified in the Agreement.
5.1.2. Contact the Association for the purpose of receiving confirmation of enrollment and receiving a charitable donation by the Association.
5.2. The benefactor is obliged to:
5.2.1. Thoroughly and carefully familiarize yourself with all the rules and conditions of the Offer and accept them when making the payment of a charitable donation, as well as all additional rules regulating the relations of the Parties in accordance with the Offer.
6. Place and terms of receipt of charitable donations
6.1. Public collection of donations is carried out on the territory of any country in the world. The direct activity of the Association, related to the public collection of donations under the Agreement, is carried out at the location of the Association.
6.2. The public collection of donations continues until the moment of liquidation of the Association, unless another term is determined by the Association.
7. The procedure for making a charitable donation.
7.1. The Association provides the Benefactor with the opportunity to pay the Charitable Donation by electronic payment on the Site, by transferring funds to the Association's bank account. The benefactor chooses the payment format at his own choice: one-time or regular (with the possibility to cancel regular payments at any time).
7.2. The payment is recognized as made by the Benefactor at the moment of confirmation of a successful transaction by the bank or payment system. All expenses related to the transfer of the donation are borne by the Benefactor.
7.3. The charitable donation paid by the Benefactor is non-refundable under any circumstances.
8. Procedure for using charitable donations:
8.1. Charitable donations collected under the Agreement are used in accordance with the goals of the Association's statutory activity.
The Association disposes of Charitable donations at its own discretion. Charitable donations received by the Association are non-refundable. The liability of the parties for violation of the terms of this Agreement or the procedure for the use of Charitable Donations is provided for by the requirements of current legislation.
8.2. The benefactor has the right to control the intended use of the charitable donation. Control methods: Sending letters of inquiry from the Benefactor to the address of the Association with questions about the use of funds. Receiving responses to letters of inquiry from the Association, indicating information on how the funds were used.
9. Liability of the Parties
9.1. In case of non-fulfillment or improper fulfillment of their obligations stipulated in the Offer, the Parties shall bear responsibility in accordance with the current legislation of Ukraine and the terms of this Offer.
9.2. The Association is not responsible for the actions/inactions of third parties, as a result of which the Association was unable to fulfill its obligations under the Offer.
10. Confidentiality and protection of personal data
10.1. The benefactor, by executing the Acceptance, confirms that he is familiar with and consents to the collection and processing of personal data.
10.2. The Association collects and processes the Benefactor's personal data in order to fulfill its obligations in accordance with the Offer and in accordance with current legislation.
10.3. The Benefactor agrees that after entering information about himself during the Charitable Donation, subscribing to the Association's news on the Site, he may be sent reports on the results of public meetings and the use of charitable donations by the Association, letters and messages, including those of an advertising nature.
10.4. The association undertakes not to transfer the e-mail address and other information about benefactors to third parties, with the exception of cases stipulated by the current legislation.
10.5. The Association is not responsible for the disclosure of personal data that occurred as a result of illegal actions of third parties or in the event that such disclosure occurred with the Benefactor's consent.
11. Validity of the Offer. The procedure for introducing changes and additions
11.1. The public offer becomes effective from the moment of its posting on the Site and is valid until the moment of liquidation of the Association, unless another term is determined by the Association. The provisions of this clause also apply to additions (changes) to the Offer.
11.2. The Association has the right to change the conditions of the Public Offer without the consent of the Benefactor. The Association reserves the right to unilaterally change the terms of the Offer at any time, without any restrictions, by publishing a new edition of the Offer on the Site.
11.3. The benefactor is obliged to independently monitor changes to the conditions of the Offer by familiarizing himself with the current new (up-to-date) edition on the Site.
12. Dispute resolution procedure
12.1. Disputes and controversies that arise during the execution of the Charity Donation Agreement concluded on the terms of the Offer are resolved through negotiations in writing.
12.2. The claim is submitted to the Party in writing by sending a registered letter with a notice of delivery, within a period of no more than 10 (ten) calendar days from the date of the appearance of comments that are the basis for a dispute or dispute. The claim is considered within 10 (ten) calendar days, calculated from the day 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 by the current legislation.
12.4. For all other issues not provided for in this Offer, the Parties are governed by current legislation.
13. Force majeure
13.1. The parties are released from responsibility for non-fulfillment or improper fulfillment of obligations under the terms of the Offer, if the specified non-fulfillment is the result of force majeure circumstances and their consequences, namely: fires, epidemics, floods, earthquakes or other natural disasters, war and military operations, strike (s), sabotage, accident, mass disorder and unrest, quarantine restrictions, acts of state authorities or management, international sanctions, etc., which directly affect the performance of the Agreement and arose after its conclusion. At the same time, the term of performance of obligations under this 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 must notify the other Party in writing within 15 days of the beginning or end of these circumstances, as well as provide documentary evidence of them occurrence and availability.
13.3. Failure to notify or untimely notification of circumstances of force majeure deprives the relevant Party of the right to refer to the specified circumstances as exempting from responsibility. Notification of the Association about the occurrence of force majeure is possible, among others, by placing the relevant information on the Site.
13.4. The presence and duration of force majeure circumstances are confirmed by certificates issued by authorized state authorities.
14. Information about the Association:
Association "International Bureau of Legal Assistance"
1220, Wien, Pilotengasse 118/12
tel. +436643483748
e-mail: ib.legalassistance@gmail.com
www.iblegalassistance.com
Redaction of the Offer from May 1, 2023
Published on the Site from 01.05.2023
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