Public offer of non-refundable financial assistance (charitable donation)

This offer is addressed to an indefinite number of individuals and legal entities (hereinafter referred to as the "Benefactor") - visitors to the website of the NGO "YANINA Sokolova Foundation" on the Internet: (hereinafter referred to as the Site), and is an official and public offer of the YANINA KOKOLOVA FOUNDATION (EDRPOU code 44195013), represented by the Chairman Yanina Sokolova, acting on the basis of the Charter (hereinafter referred to as the Organization), to conclude an agreement on the provision of non-refundable financial assistance (charitable donation) (hereinafter referred to as the Agreement), the subject and essential terms of which are set out below:
1. Concepts and definitions used in the Agreement
1.1. Public Offer (hereinafter referred to as the "Offer") is a valid offer of the Organization posted on the website to make a charitable donation aimed at an indefinite number of individuals and/or legal entities.
1.2. Acceptance means full and unconditional acceptance of the 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 current account of the Organization through bank institutions. The moment of Acceptance is the date of the money transfer and/or crediting of funds to the current bank account of the Organization.
1.3. Non-refundable financial assistance (charitable donation) is a gratuitous transfer by the Donor of funds to the Organization to achieve certain, pre-agreed-upon goals of the Organization's activities, in accordance with the Agreement, the Law of Ukraine "On Public Associations" and information about the Project posted on the Website.
1.4. The Project is the only all-Ukrainian coordination center for free assistance and support for cancer patients and their relatives. The Project is not funded by the state, does not have any permanent source of funding and operates at the expense of charitable contributions from Ukrainians around the world, individual grants and thanks to the support of socially responsible companies that provide a number of their services free of charge.
2.1. The subject matter of this Agreement is the free and voluntary transfer by the Donor to the Organization of funds by making voluntary donations for the implementation of the statutory activities of the Organization and the creation and operation of the Project.
2.2. The Donor independently determines the amount of the charitable donation. The subject of this Agreement is not to obtain directly or indirectly any profit for any of the parties to the Agreement.
3.1 By accepting the Offer, the Donor indicates that he/she agrees to all the terms of the Offer and understands and agrees that the Charitable Donation will be used to achieve the goals set forth in the Charter of the Organization, which he/she can read by sending a request to the e-mail address: moc.liamg%40ytyhzotrav and the goals of the Project. In addition, by accepting the Offer, the Donor fully understands and agrees with the subject matter of the Agreement, the goals and purpose of public fundraising, and confirms the right of the Organization to use part of the Charitable Donation for the administrative expenses of the Organization.
3.2. The Parties agree that from the moment of acceptance of the Offer, this Agreement shall be concluded in writing in accordance with Articles 207, 639, 641 and 642 of the Civil Code of Ukraine. In this case, the Parties agree that after the acceptance of the Offer, the failure to conclude this Agreement in the form of a separate document does not entail the invalidity of this Agreement.
4.1 The Organization has the right to:
- Receive Charitable Donations and use them in accordance with the subject matter and terms of this Agreement;- Without the Donor's consent, change the areas of use of the donation within the statutory activities of the Organization and the implementation and creation of the Project;- Without the Donor's consent, use a part of the Charitable Donation for the Organization's administrative expenses in the amount not exceeding the amount provided for by the legislation of Ukraine.
4.2 The Organization is obliged:
- In case of using the donation contrary to the purposes of this Agreement, return the funds to the Donor upon his/her written request;- Provide information to the Donor on the funds used by the Organization that were received from the Donor as non-refundable financial assistance (charitable donation).
- To control the targeted use of the charitable donation;
- Upon written request, to have access to the financial statements of the Organization;
- Receive additional information on the activities of the Organization in the manner and within the time limits provided for by the legislation of Ukraine.
6.1. Public fundraising is conducted in any country of the world. The Organization's direct activities related to the public fundraising under the Agreement shall be carried out at the location of the Organization.
7.1. The public fundraising lasts until the end of the Project and the achievement of the goals set out in the Project, which will be announced by the Organization by posting relevant information on the Website.
8.1. The Charitable Donations collected under the Agreement shall be used in accordance with the objectives of the Organization. The Organization shall dispose of the Charitable Donations at its sole discretion. The Charitable Donations received by the Organization may be returned to the Donor only in cases provided for by the legislation of Ukraine. The Parties' liability for violation of this Agreement or the procedure for using Charitable Donations is provided for by the current legislation of Ukraine.
9.1. The costs associated with the transfer of charitable donations (transfer fees, taxes, fees, etc.) shall be borne by the Donor.
9.2 The Donor has the right to receive a gift for supporting the Organization. The gifts may include physical gifts that will be sent by the Organization by Nova Poshta and/or another postal organization at the expense of the Recipient, as well as non-physical gifts, such as "Gratitude" or "Dedication". The list of gifts offered by the Organization is indicated on the Website.
10.1. The Donor, by making the Acceptance, confirms that he/she is familiarized with and agrees to the terms of Annex No. 1 to this Agreement regarding the collection and processing of personal data.
10.2. The Donor agrees that after entering information about himself/herself during the Charitable Donation, subscribing to the Organization's news or registering on the Website, the Organization may send letters and messages, including advertising, to the Donor's e-mail address or contact phone number, and in addition, the Organization has the right, without the consent of the Donor, to publish on the Website or in any media the Donor's surname, name and patronymic or the name of the Donor as a Donor of the Organization, if the Donor has written At the same time, the Organization undertakes not to transfer the e-mail address and other information about the donors to third parties, except as provided by the current legislation of Ukraine.
Appendix No. 1to the Agreement on the provision of non-refundable financial assistance (charitable donation)
CONSENTto the processing of personal data
By accepting the public offer for the provision of non-refundable financial assistance (charitable donation) posted on the website, in accordance with the Law of Ukraine "On Personal Data Protection" of June 1, 2010, No. 2297-VI, I give my consent to the NGO "YANINA SOKOLOVA FOUNDATION" (hereinafter - the Organization) to process and use the personal data provided by me in the prescribed manner.
By accepting the public offer for the provision of non-refundable financial assistance (charitable donation) posted on the official website of the NGO "YANINA SOKOLOVA FOUNDATION" , I confirm that I have received a notification about the inclusion of my personal data in the personal data base for the purpose of implementing the statutory activities of the Organization and the Project, involving persons in activities in accordance with the Charter of the Organization and the legislation of Ukraine, as well as information about the rights defined by the Law of Ukraine "On Personal Data Protection".