General Terms and Conditions for using online fundraising platform

Introduction

The Foundation in support of the World Health Organization (the “Foundation”) is an independent foundation that supports the World Health Organization (“WHO”) and wider health systems. The Foundation provides an online fundraising platform which serves as an intermediary between the Foundation and persons or companies wishing to make a donation (the “Donor(s)”) to support a campaign initiated by the WHO (the “Campaigns”). These General Terms and Conditions (“GTCs“) are applicable to all online services provided to enable Donors to make a donation to any Campaign.

The fundraising platform can be accessed through the Foundation’s website, WHO’s website, and various other platforms, including social media. Donations are processed by Payment Companies, which serve as intermediaries, and may also involve Fiduciary Partners (non-profit organizations outside Switzerland) to assist in facilitating donations. Together, these websites, platforms, Payment Companies, and Fiduciary Partners are referred to as “Fundraising Tools.”

Acceptance of Terms

By making a donation to a Campaign through any of the Fundraising Tools, the Donor undertakes to have read and accepted these GTCs, as well as any special terms and conditions attached to individual Fundraising Tools.

Eligibility

To use the Fundraising Tools, the Donor confirms that they are 16 (sixteen) years of age or older.

Conclusion and Revocation

The donation agreement is concluded when the Donor clicks on “Donate” or “Payment” on any Fundraising Tool. When the agreement is concluded the amount of the donation will be withdrawn from the Donor’s account by the Payment Companies. A confirmation of payment will be sent to the Donor by email.

The Donor may not revoke a one-time donation.

Monthly donations allow long term funding of projects. They are recurring, open-ended and are revocable prospectively for future donations. The Donor is solely responsible for canceling monthly donations.

Price and Commission

The use of any Fundraising Tool is free of charge. To cover the administration cost of supporting a Campaign, 15% of the total donation will be retained by the Foundation. Additional fees from Payment Companies or Fiduciary Partners may also be deducted from the donation. Donors may have the possibility to pay these fees in addition to their donation.

Unless otherwise mentioned, all prices are quoted in United States Dollars (USD) outside Europe, in Swiss Francs (CHF) in Switzerland, in Euros (EUR) in the rest of Europe, or an equivalent amount in the Donor local currency. If the currency is not one of the above-mentioned currencies, the transaction costs will be borne on the amount of the donation at the exchange rate to USD or CHF on the date of the transaction.

The prices quoted exclude tax. Where applicable, additional amounts may be added to the prices indicated.

Donation Acceptance

In accordance with its Gift Acceptance Policy (“GAP”), the Foundation may conduct a due diligence process and can return any donation after completion of its due diligence process.

Arms and Tobacco Disclosure Statement

The Foundation cannot accept funds from arms and tobacco industries or individuals or entities linked with such industries. In accordance with the Foundation’s GAP, funds linked to such industries will be returned if received. Therefore, for donations from USD 1 [one] to USD 25,000 [twenty five thousand], the Donor acknowledges and agrees with the following statement:

For individuals: I certify that I am neither employed in, nor possess a significant financial interest in the arms or tobacco industry. Direct donations from governments and their agencies, as well as donations from individuals and entities affiliated with the arms or tobacco industries cannot be accepted and will be returned if received.

For corporates donors: We certify that our entity or affiliated entities do not possess a significant financial interest in the arms or tobacco industry. Direct donations from governments and their agencies, as well as donations from entities affiliated with the arms or tobacco industries cannot be accepted and will be returned if received.

If you wish to make a donation above USD 25,000 [twenty five thousand], an arms and tobacco disclosure agreement must be completed. Please contact us at [email protected]. If you proceed with a donation above this amount and we are unable to obtain the information required to comply with our GAP we will return the donation.

Use of Donations

The collected funds, after the above mentioned deductions, will be transferred to the WHO to support the campaign chosen by the Donor.

If the specific campaign chosen by the Donor no longer needs funding, the Donation will be transferred to the WHO Health Emergencies Programme. WHO is solely responsible for the use of funds within the framework of the mandate given by the Foundation and Donors. Under exceptional circumstances, the Foundation may inform Donors by email of the need to modify planned activities due to unforeseen events or other difficulties, in order to improve the effectiveness of project interventions.

The Foundation will issue, two months after the World Health Assembly (“WHA”), a report that will be made available on its website about each Campaign. The Foundation’s reporting data will be extracted from the information provided by WHO to its member states for reporting to the WHA. The Foundation is not liable for any data communicated by WHO in the context of WHO’s campaigns.

Tax Deductibility

Tax deduction receipts are not systematic. For Donations made in the USA, Switzerland, Liechtenstein, the Netherlands and Luxembourg, the Donor may receive a tax deduction receipt. Donations in the USA will be made through our trusted Fiduciary Partner Myriad USA. This option may not be available for all of the campaigns.

This tax deduction receipt shall be issued by the direct recipient of the donation. Where applicable, the Donor will provide the Foundation or its Fiduciary Partner with the necessary information required by the country laws and regulations to obtain a tax deduction receipt or the Donor allows the Foundation to transfer the necessary information to the entity issuing the tax deduction receipt.

Responsibility

The Foundation declines any responsibility in relation to the services it offers as well as those provided by its auxiliaries. This limitation of liability does not apply in the event of fraud or gross negligence.

The Donor is aware that the Foundation cannot be held liable for the services provided by a third party. In particular, once the Foundation has transferred the donation money to a third party in charge of the implementation of the Campaign, the Foundation has no responsibility on the use of the funds, other than the usage in conformity with its purpose clause and the purpose of the donation by the Donor.

Any liability of the Foundation for indirect or consequential damage is also excluded. Any claims, in particular those relating to claims for damages resulting from force majeure, are excluded.

Donors are solely responsible for the accuracy of the information they insert into the Fundraising tools.

Data Privacy

View our Data Privacy Notice to understand how the Foundation protects and processes your data.

Force Majeure

If the Foundation, its suppliers or mandated third parties are unable to perform services due to force majeure, for example a natural disaster, global health emergency, political or social unrest, terrorism, sabotage or strike, then the Foundation is released from the obligation to perform its services during these cases of force majeure as well as for an appropriate period of time following the end of these events.

Completeness

These GTCs replace any previous agreements or provisions. If a specific agreement is signed between the Donor and the Foundation, that Agreement’s provisions shall prevail over these GTCs.

Salvatory Clause

The validity of these GTCs shall not be affected if any of its provisions or other binding document is or should be declared null and void. If any portion of the GTCs is held invalid or unenforceable, any remaining portion shall continue in full force and effect.

Amendments

The Foundation reserves its right to modify these GTCs at any time.

Governing Law and Jurisdiction

These GTCs are subject to Swiss law.

The Parties irrevocably consent to the Swiss jurisdiction of, and venue in Geneva and waive any objection that such courts are an inconvenient forum, with the exception of an appeal to the Swiss Federal Court in Lausanne.

Contact Information

For any question or request for information, the Donor can send an email to the following email address: [email protected]

These GTCs are effective as of September 1, 2024