This Public Offer for the provision of charitable donations for charitable purposes (hereinafter referred to as the Offer) is aimed at an indefinite number of individuals (hereinafter referred to as the Donor) who are visitors to the official website of the Charitable Organization "International Unity Movement Charitable Foundation" (hereinafter referred to as the Organization) on the Internet at https://ruhednosti.org (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), are hereinafter referred to collectively as the "Parties" and individually as a "Party".
The text of the Offer is an official proposal of the Charitable Organization "International Unity Movement Charitable Foundation", represented by Director Vladyslav Spiridovych, acting on the basis of the Charter, to enter into a charitable donation agreement (hereinafter - the "Agreement"), the essence of which is set out below.
1. Definitions and concepts.
1.1. Public Offer is a current offer of the Organization posted on the Website to make a charitable donation addressed to an unlimited number of persons, including the Donor.
1.2. Acceptance is the 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 Organization’s current account through bank institutions. The moment of Acceptance is the date of crediting funds to the bank account of the Organization.
1.3. Charitable Donation is a free-of-charge transfer of funds by the Donor to the Organization to achieve certain, previously agreed upon goals of the Organization in accordance with the Agreement and the Law of Ukraine "On Charitable Activities and Charitable Organizations".
2. Subject of the Agreement.
2.1. The subject matter of this Agreement is the free and voluntary transfer of funds from the Donor to the Organization by way of voluntary donations for the implementation of the statutory goals and activities of the Organization, as well as the provision of charitable assistance by the Organization in accordance with the Law of Ukraine "On Charitable Activities and Charitable Organizations", the programs of the Foundation.
2.2. The amount and size of charitable donations shall be determined by the Donor at its sole discretion.
2.3 The fulfillment of the terms of the Offer by the parties is not intended to generate profit or any benefits for either party.
2.4. The Parties confirm that the Parties’ profit (directly or indirectly) is not the subject of the Offer.
2.5. Acceptance of this Public Offer by the Benefactor shall be made 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 Donor agrees with all its provisions, he/she is familiar with the Charter of the Organization, which is posted electronically on the Organization’s Website at https://ruhednosti.org/dokumenty, he/she is fully aware of and agrees with the subject matter of the Agreement, with the purpose and objectives of public fundraising and with the right of the Organization to use part of the Donor’s Charitable Donation for the administrative expenses of the Organization, in an amount not exceeding the amount provided for by the legislation of Ukraine.
3.2. The Donor and the Organization, guided by Art. 207, Art. 634, 639, Art. 641, 642 of the Civil Code of Ukraine, agree that from the moment of Acceptance of the Offer the Charitable Donation Agreement shall be deemed concluded.
3.3. The Parties agree that the failure of the Parties to comply with the written form of the Charitable Donation Agreement does not mean its invalidity.
4. Rights and Obligations of the Organization.
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. To change the directions of use of the charitable donation within the framework of the Statutory activities of the Organization.
4.1.3. To use a part of the Charitable Donation for the administrative expenses of the Organization, without the consent of the Donor, in the amount not exceeding the amount provided for by the legislation of Ukraine.
4.2 The Organization is obliged to:
4.2.1. Create the conditions necessary for the Donor 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 set forth in the Charter of the Organization.
4.2.3. To keep confidential information (including personal data) received from the Donor, not to transfer it to third parties without the consent of the Donor, except as provided for in the Offer and the current legislation of Ukraine.
5. The rights and obligations of the Benefactor.
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. Apply to the Organization to receive a report on the use of charitable donations by the Organization.
5.2. The Donor is obliged to:
5.2.1. Read in detail and carefully all the terms and conditions of the Offer and accept them when making a charitable donation, as well as all additional rules governing the relations of the Parties under the Offer.
6. Place and terms of receiving charitable donations.
6.1. The public collection of donations is carried out in any country of the world in the manner prescribed by Article 7 of the Law of Ukraine "On Charitable Activities and Charitable Organizations". The Organization’s direct activities related to the public solicitation of donations under the Agreement shall be carried out at the location of the Organization.
6.2. The public solicitation of donations shall continue 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 Donor with the opportunity to make a Charitable Donation by electronic payment on the Website, by transferring funds to the Organization’s bank accounts (through the payment services of Privatbank, Monobank, Swift transfers, LiqPay payment system) at the link https://ruhednosti.org/proekti.
The Donor chooses the payment format at his/her own discretion.
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 shall be borne by the Donor.
7.3. The charitable donation paid by the Donor is non-refundable under any circumstances.
7.4 The balance of the unused charitable donation (assistance) received by the Organization (Beneficiary) shall be used by it in the future exclusively within the framework of the Law of Ukraine "On Charitable Activities and Charitable Organizations" and to achieve the goals set forth in the Charter of the Organization, published at https://ruhednosti.org/dokumenty.
7.5. The Donor gives his/her consent to the Organization that the funds remaining from the implementation of the project for which the collection was made may be used by the Organization in the implementation of other projects and/or for other purposes provided for by the Charter of the Organization.
8. The procedure for using charitable donations.
8.1. The Charitable Donations collected under the Agreement shall be used in accordance with the purposes of the statutory activities of the Organization. The Organization shall dispose of the Charitable Donations at its sole discretion. Charitable Donations received by the Organization shall not be refunded. The Parties’ liability 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 Donor or persons authorized by the Donor shall have the right to control the intended use of the Charitable Donation.
8.3. Procedure for general access to the Organization’s financial statements:
Access to the Organization’s reports is carried out by referring to the Organization’s link: https://ruhednosti.org/zvit1. Other information is provided by the Organization upon request in accordance with the procedure and within the terms provided for by the legislation of Ukraine.
9. Responsibility of the Parties.
9.1. In case of non-fulfillment or improper fulfillment of their obligations under 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 shall not be liable in case of actions/inactions of third parties, as a result of which the Organization could not fulfill its obligations under the Offer.
10. Confidentiality and protection of personal data.
10.1. By making the Acceptance, the Donor confirms that he/she is familiarized with and agrees to the collection and processing of personal data.
10.2. The Organization collects and processes the Donor’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 Donor agrees that after entering information about himself/herself when making a Charitable Donation, subscribing to the Organization’s news on the Website, he/she may receive reports on the results of public meetings and the use of charitable donations by the Organization, letters and messages, including advertising.
10.4. The Organization undertakes not to disclose the e-mail address and other information about the donors to third parties, except as provided by the current legislation of Ukraine.
10.5. The Organization shall not be liable 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 Donor.
11. The term of the Offer. The procedure for making changes and additions.
11.1. The Public Offer comes into force from the moment it is posted on the Website and is 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 (changes) 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 Website.
11.3. The Benefactor is obliged to independently monitor changes in the terms of the Offer by familiarizing himself with the current new (current) version on the Website.
12. Dispute Resolution Procedure.
12.1. Disputes and controversies arising out of the performance of the Charitable Donation Agreement concluded under the terms of the Offer shall be resolved through negotiations in writing.
12.2. A claim shall be submitted to the Party in writing by sending a registered letter with acknowledgment of receipt within a period not exceeding ten (10) calendar days from the date of occurrence of the remarks that are the basis for the dispute or dispute. 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. If the Parties fail to reach an agreement during the negotiations in writing, the dispute shall be considered in the manner prescribed by the current legislation of Ukraine.
12.4. On all other issues not provided for in this Offer, the Parties shall be governed by the current legislation of Ukraine.
13. Force majeure.
13.1. The Parties shall be released from liability for non-performance or improper performance of obligations under the terms of the Offer, if the said non-performance is the result of force majeure circumstances and their consequences, namely: fires, epidemics, floods, earthquakes or other natural disasters, war and hostilities, strike(s), sabotage, accident, mass disorder and riots, quarantine restrictions, acts of public authorities or administration, international sanctions, etc, that directly affect the performance of the Agreement and arose after its conclusion. In this case, the term for fulfillment of obligations under such Agreement shall be extended for the duration of the said circumstances and their consequences.
13.2. A Party that is unable to fulfill its obligations under the Agreement as a result of force majeure circumstances and their consequences shall notify the other Party in writing within 15 days of the beginning or end of such circumstances, as well as provide documentary evidence of their occurrence and existence.
13.3 Failure to notify or untimely notification of force majeure circumstances shall deprive the relevant Party of the right to refer to these circumstances as exempt from liability. The Organization may be notified of the occurrence of force majeure circumstances, inter alia, by posting relevant information on the Website.
13.4. The existence and duration of force majeure shall be confirmed by certificates issued by the authorized state authorities of Ukraine.
14. Information about the Organization.
CHARITABLE ORGANIZATION CHARITABLE FOUNDATION "INTERNATIONAL UNITY MOVEMENT"
Identification code 44797809
Address: 34 VASYLKIVSKA ST., KIEV, 03022, Ukraine, OFFICE G-309
Bank account UA503052990000026002035021862 in JSC CB "PRIVATBANK"
Account number UA743220010000026007080000824 in JSC "Universal Bank"
+38 063 185 31 71
[email protected]
15. Other terms and conditions.
15.1. This Agreement is concluded on the territory of Ukraine and is governed by the current legislation of Ukraine.
15.2. All disputes arising between the Donor and the Organization shall be resolved through negotiations. In case of failure to resolve the dispute through negotiations, the Donor and/or the Organization shall have the right to apply to the judicial authorities for resolution of the dispute in accordance with the current legislation of Ukraine.
Appendix
to the Public Offer for
charitable donations
CONSENT-NOTIFICATION
to the collection, processing and use of personal data
I, the Benefactor, who has accepted the Public Offer for Charitable Donations of the Charitable Organization "International Unity Movement Foundation", in accordance with the Law of Ukraine "On Personal Data Protection", knowingly and voluntarily provide the Charitable Organization "International Unity Movement Foundation", hereinafter referred to as the "Foundation", with my consent to the automated and non-automated processing (including collection, accumulation, storage and use) of my personal data, namely surname, first name, patronymic, passport data, taxpayer registration number, photograph or other image record, communication number, e-mail address, data on the place of residence, other data voluntarily provided by me for the purpose of processing - in order to ensure the implementation of civil and economic relations; administrative, legal, tax relations, relations in the field of accounting; relations in the field of statistics; and to ensure the implementation of other relations requiring the processing of personal data.
By this document, I also consent to the transfer (dissemination) of my personal data included in the database of personal data of the Fund’s counterparties solely for the above purpose and in accordance with the procedure established by the Law of Ukraine "On Personal Data Protection" and local acts of the Fund that establish the procedure for processing and protecting personal data. I do not require notification of the transfer (dissemination) of my personal data included in the specified personal data base to third parties, if such transfer (dissemination) is in my interests for the purpose of realization of the above legal relations.
By signing this consent-notification, I confirm that I have been notified in writing of the inclusion of my personal data in the personal data base of the Fund’s counterparties, the purpose of processing personal data (according to the purpose specified in this document) and the persons to whom my personal data is transferred, as well as my rights under Art. 8 of the Law of Ukraine "On Personal Data Protection", according to which the subject of personal data has the right to:
1) to know about the location of information containing his/her personal data, its purpose and name, location and/or place of residence (stay) of the owner or manager of personal data or to give a corresponding order to obtain this information to persons authorized by him/her, except in cases established by law;
2) to receive information on the conditions for granting access to personal data, including information about third parties to whom his/her personal data is transferred;
3) to have access to their personal data;
4) to receive a response no later than thirty calendar days from the date of receipt of the request, except in cases provided for by law, on whether his/her personal data is stored in the relevant personal data base, as well as to receive the content of his/her personal data that is stored;
5) to submit a reasoned request to the personal data controller with an objection to the processing of his/her personal data;
6) to submit a reasoned request to change or destroy his/her personal data by any owner and manager of personal data, if such data is processed illegally or is unreliable;
7) to protect their personal data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision, as well as to protect against the provision of information that is inaccurate or discrediting to the honor, dignity and business reputation of an individual;
8) file complaints about the processing of their personal data to public authorities and officials authorized to ensure the protection of personal data, or to the court;
9) apply for legal remedies in case of violation of the legislation on personal data protection;
10) to make reservations regarding the restriction of the right to process their personal data when providing consent;
11) withdraw consent to the processing of personal data;
12) to know the mechanism of automatic processing of personal data;
13) to be protected against an automated decision that has legal consequences for him/her.
This consent-notification is valid for an indefinite period