1. General provisions
1.1. This public offer regarding a charitable donation (hereinafter referred to as the “Offer”) is a proposal from the Charitable Foundation “KEREN OR FOR OUR CHILD”, EDRPOU code 44393299, located at 66a Hetman Mazepa Str., Ivano-Frankivsk, Ukraine (hereinafter – the “Foundation”), represented by the Executive director Antonina Haivoronska, for an indefinite range of legally capable individuals and legal entities under private law that voluntarily carry out charitable activities (hereinafter each referred to as the “Benefactor”) to conclude an agreement for charitable donation (hereinafter – the “Agreement”) with each applying Benefactor on the terms described herein.
1.2. This offer is a proposal to conclude an agreement according to the article 641 of the Civil Code of Ukraine.
1.3. This offer shall come into force from the date it is posted on the Foundation’s Internet site at the link: https://kerenor4child.org.ua/ (hereinafter referred to as the “Website”). This offer is termless and may be changed or withdrawn by the Foundation at any time (before its acceptance by the Benefactor) by posting relevant information on the Website.
1.4. The Foundation may enter into agreements for charitable donations in other manner and/or under other conditions than provided for in this offer. The Benefactor may apply to the Foundation individually to conclude such an agreement.
2. Subject of the Agreement
2.1. According to this Agreement, the Benefactor shall transfer funds free of charge and with no hope of a return into the Foundation’s ownership as a voluntary charitable donation to ensure the statutory activities of the Foundation, and the Foundation shall accept such charitable donation and undertakes to use it for conducting its own charitable activities according to the Charter and legislation of Ukraine.
2.2. Transfer of funds by the Benefactor under this Agreement shall be recognized as a charitable donation pursuant to the article 6 of the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
2.3. The Benefactor shall independently determine the amount of charitable donation. The Benefactor may request and receive from the Foundation information about the nature and amount of necessary charitable support for specific purposes of the Foundation’s activities, as well as under charitable programs of the Foundation to determine the uses of charitable donation before it is provided.
2.4. Conclusion and performance of this Agreement are not intended and do not provide for the receipt of profit by either party.
3. Activities of the Foundation
3.1. The Foundation carries out charitable activities in healthcare aimed at providing charitable support to children and young people with hematological, oncological, oncohematological, immunological and other serious diseases, their families, healthcare facilities, and other institutions that provide medical care to the patients with such diseases, as well as conducts other charitable activities according to its Charter.
3.2. The Foundation’s activities are not aimed at making a profit.
3.3. The Foundation’s charter, information about its work, and statements of performance are available on the Website.
4. Donations and offer acceptance
4.1. The Benefactor shall independently determine the amount of charitable donation and contribute it by (i) making a money transfer using payment forms and instruments posted on the Website, or (ii) transferring funds to the Foundation’s current account through banking institutions, or (iii) delivering cash to the Foundation. Charitable donations are termless, and the period of their use by the Foundation shall be unlimited.
4.2. According to this offer and the Agreement, charitable donations shall be provided by the Benefactors and used by the Foundation to conduct and ensure charitable activities (implementation of the directions, goals of charitable activities and charitable programs) of the Foundation in line with the Charter and legislation of Ukraine. The Benefactor agrees with such purpose of donation.
4.3. The Benefactor may also determine a specific purpose of its donation within the framework of goals and areas of the activities and charitable programs of the Foundation by entering into a separate agreement with the Foundation for charitable donations according to clauses 1.4 and 2.3 of this offer. If the Benefactor determines a specific purpose when donating without prior approval from the Foundation, the Foundation may return such donation to the Benefactor.
4.4. Charitable donations made shall be used by the Foundation in the order of their receipt.
4.5. When donating, the Benefactors shall provide their contact information for correct identification of the payer: first and last name, name of the legal entity, email address and/or phone number, and other data enabling identification of the Benefactor.
4.6. Full and unconditional adoption of the offer through the Benefactor’s performance of actions to transfer the funds of charitable donation to the Foundation in one of the ways specified in clause 4.1 above shall be considered the acceptance thereof. The offer shall be considered accepted, and the Agreement – concluded from the date of crediting funds to the Foundation’s current account or their initial recognition by the Foundation’s cash desk.
4.7. Within 48 hours after the funds are credited to the Foundation’s current account or recognized by the Foundation’s cash desk, the Benefactor may apply to the Foundation regarding the refund of donation due to erroneous transfer of funds or other reasons. After this period, the charitable donation shall be considered non-refundable and it shall not be returned by the Foundation, except in cases, where such a refund is required by the legislation of Ukraine or otherwise provided for in this offer. If the donation is deposited to the Foundation’s account without the payer identification and the Foundation cannot identify the Benefactor of donation, such donation will not be refunded by the Foundation.
4.5. By accepting the offer, the Benefactor confirms agreement with all the terms of offer, full understanding and consent with the subject and terms of the Agreement.
4.6. Expenses related to charitable donations (fees for funds transfer, taxes, charges, etc.) shall be borne by the Benefactor, if such expenses are collected from the Benefactor, and by the Foundation, if such expenses are collected from the Foundation. The Benefactor understands and agrees that a part of charitable donation can be used by the Foundation to cover expenses related to charitable giving, if such expenses are charged by third parties by default and cannot be avoided (e.g., payment system fees for acquiring, bank fees, etc.).
5. Rights and obligations of the parties
5.1. The Foundation undertakes to use the funds of the Benefactor’s charitable donation in strict accordance with the legislation of Ukraine and only within the framework of its statutory activities.
5.2. The Foundation may independently determine the uses of charitable donation according to its statutory activities and the legislation of Ukraine, except for cases when the Benefactor determines a specific purpose of donation under the separate agreement with the Foundation. Thus, if the specific purpose of charitable donation is not determined by the Benefactor, the donation shall be considered to have been made for implementation of the Foundation’s statutory activities.
5.3. The Benefactor agrees that according to the Law of Ukraine “On Charitable Activities and Charitable Organizations”, the Foundation may use a part of funds received from the Benefactors to finance its administrative expenses. The amount of expenses for support of the Foundation (administrative expenses of the Foundation) may not exceed 20% of its cost sheet in the current year.
5.4. The Benefactor may receive information about the use of charitable donation. For this purpose, the Foundation shall publish monthly financial statements on the Website that, among other things, include information about (i) the amounts of donations received by the Foundation during the reporting period and (ii) the Foundation’s expenses during the reporting period. At the Benefactor’s request, the Foundation can also confirm the intended use of charitable donation with additional documents.
5.5. By providing a charitable donation, the Benefactors unconditionally confirm (i) their legal capacity, (ii) voluntary nature of juristic act, (iii) that the subject of charitable donation is not prohibited, arrested, pledged, encumbered with any other third-party rights and was not acquired in violation of the provisions of the Law of Ukraine No. 361-IX “On preventing and countering the legalization (laundering) of proceeds from crime, financing of terrorism and financing of the proliferation of weapons of mass destruction”. If the Foundation has reasonable doubts regarding such statements, the Foundation may request, and the Benefactor shall provide appropriate supporting evidence of the above statements.
6. Final provisions
6.1.By accepting the offer, the Benefactor gives consent to the Foundation for processing of personal data disclosed
by the Benefactor when making a charitable donation to fulfill the provisions of the Agreement. Such personal data
may include: first name, last name and patronymic, address, place of residence, email address, phone number and (in
case of money transfer to the Foundation’s current account through banking institutions) banking details. Permitted
types of personal data processing shall include their collection, registration, accumulation, storage, adaptation,
modification, update, use and distribution (dissemination, disposal, transfer), depersonalization and destruction. The
Foundation undertakes not to disclose the Benefactor’s personal data to third parties without the Benefactor’s
permission, except in cases where such disclosure is required by state bodies or otherwise required in accordance with
the legislation of Ukraine. The Benefactor confirms having been informed of the rights established by the Law of
Ukraine “On Personal Data Protection”. The Benefactor knows and understands the scope of rights as a personal data
subject according to the Law of Ukraine “On Personal Data Protection”.
6.2. The Benefactor agrees that its contact information may be used by the Foundation to send emails and notifications to the Benefactor, including electronic ones. However, the Foundation shall not provide information about the Benefactor’s contact details to third parties, except in cases expressly stipulated by the legislation of Ukraine.
6.3.In case of disputes between the parties to this Agreement, they shall be resolved through negotiations. If a solution through negotiations cannot be reached, disputes shall be considered by the courts in accordance with the procedure established by law.
Charitable Foundation “KEREN OR FOR OUR CHILD”
Address: 66a Hetman Mazepa Str., Ivano-Frankivsk, Ukraine
EDRPOU code: 44393299
Non-profit organization according to the decision No. 1001191070001017900 of 22.04.2021 of the State Tax Inspectorate in Ivano-Frankivsk
Title: CHARITABLE ORGANIZATION “CHARITABLE FOUNDATION “KEREN OR FOR OUR CHILD”
EDRPOU code: 44393299
Current account (IBAN): UA403365030000026002300295048
Email address for approving possible requests: email@example.com