Public Agreement (Offer)

Definitions

• 1.1

  Public Offer – a valid proposal by the Organization, posted on the Website, to provide a charitable contribution, addressed to an indefinite number of persons, including the Donor.

• 1.2

  Acceptance – full and unconditional acceptance of the Public Offer by performing the actions necessary for making a monetary transfer using the payment forms and means available on the Website or by transferring funds to the Organization's bank account via banking institutions. The moment of Acceptance is the date the funds are credited to the Organization's bank account.

• 1.3

  Charitable Donation – a voluntary and gratuitous transfer of funds and/or property by the Donor to the ownership of the Organization to achieve specific pre-determined objectives of the Organization's activities in accordance with the Agreement and the Law of Ukraine "On Charitable Activities and Charitable Organizations."

• 1.4

  Seller – the charitable organization "WAY TO HEALTH" CHARITABLE FOUNDATION (Identification Code 44719925), a legal entity established and operating under the laws of Ukraine, located at: Ukraine, 52005, Dnipropetrovsk region, Dnipro district, town of Slobozhanske, Teplychna St., 27C.

Subject of the Agreement

• 2.1

  The subject of this Agreement is the voluntary and gratuitous transfer of funds by the Donor to the Organization through voluntary donations for the implementation of the statutory objectives and activities of the Organization, as well as for providing charitable assistance in accordance with the Law of Ukraine "On Charitable Activities and Charitable Organizations" and the Foundation's programs.

• 2.2

  The Donor independently determines the amount and size of the charitable donation at their discretion.

• 2.3

  The execution of the terms of the Offer by the Parties is not aimed at obtaining profit or any benefits for either Party.

• 2.4

  The Parties confirm that generating profit (directly or indirectly) is not the subject of this Offer.

• 2.5

  The Donor accepts this Public Offer by making a Charitable Donation.

Acceptance of the Offer

• 3.1

  Acceptance of the Offer (agreement to the Offer's terms) means that the Donor agrees with all its provisions, has reviewed the Organization's Charter, which is available electronically on the Website, fully understands and agrees with the subject of the Agreement, the purpose and objectives of the public fundraising campaign, and the right of the Foundation to use part of the Donor's Charitable Donation for administrative expenses of the Foundation, in an amount not exceeding the limit established by the laws of Ukraine.

• 3.2

  The Donor and the Organization, in accordance with Articles 207, Part 2 of Article 639, Articles 641, and 642 of the Civil Code of Ukraine, agree that from the moment of Acceptance of the Offer, the Charitable Donation Agreement is considered concluded.

• 3.3

  The Parties agree that failure to maintain a written form of the Charitable Donation Agreement does not invalidate it.

Rights and Obligations of the Organization

• 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

  Change the direction of charitable donations within the scope of the Organization's statutory activities.

• 4.1.3

  Use part of the Charitable Donation for administrative expenses of the Organization without the Donor's consent, in an amount not exceeding the limit established by Ukrainian law.

• The Organization is obliged to:

• 4.2.1

  Provide the necessary conditions for the Donor to make a Charitable Donation under the terms of the Offer.

• 4.2.2

  Use received Charitable Donations to achieve the goals outlined in the Organization's Charter.

• 4.2.3

  Maintain the confidentiality of information (including personal data) received from the Donor and not disclose it to third parties without the Donor's consent, except as provided by the Offer and the laws of Ukraine.

Rights and Obligations of the Donor

• 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

  Request a report from the Organization on the use of Charitable Donations.

• The Donor is obliged to:

• 5.2.1

  Carefully review and accept all the terms of the Offer before making a Charitable Donation, as well as all additional rules governing the Parties' relations under the Offer.

Location and Duration of Charitable Fundraising

• 6.1

  The public fundraising of donations is conducted in any country worldwide in accordance with Article 7 of the Law of Ukraine "On Charitable Activities and Charitable Organizations." The direct activities of the Organization related to the public fundraising of donations under this Agreement are carried out at the location of the Foundation.

• 6.2

  Public fundraising continues until the Organization is liquidated unless another period is determined by the Organization.

Procedure for Making a Charitable Donation

• 7.1

  The Organization provides the Donor with the ability to make a Charitable Donation via electronic payment on the Website or by transferring funds to the Organization's bank account IBAN UA363052990000026007050555233. The Donor may choose a one-time or recurring donation (with the ability to cancel recurring payments at any time).

• 7.2

  A payment is considered made when the transaction is confirmed as successful by the bank or payment system. The Donor bears all costs associated with making a donation.

• 7.3

  A Charitable Donation made by the Donor is non-refundable under any circumstances.

Use of Charitable Donations

• 8.1

  Collected Charitable Donations under this Agreement are used in accordance with the Organization's statutory goals. The Organization manages Charitable Donations at its discretion. Received Charitable Donations are non-refundable.

• 8.2

  The Donor or their authorized representatives have the right to monitor the targeted use of the Charitable Donation.

Responsibility of the Parties

• 9.1

  In case of failure to perform or improper performance of their obligations under the Offer, the Parties shall bear responsibility in accordance with the current legislation of Ukraine and the terms of this Offer.

• 9.2

  The Organization shall not be liable in the event of acts or omissions of third parties as a result of which the Organization was unable to fulfill its obligations under the Offer.

Confidentiality and Protection of Personal Data

• 10.1

  By performing the Acceptance, the Donor confirms that they have been informed of and consent to the collection and processing of their personal data.

• 10.2

  The Organization collects and processes the Donor's personal data for the purpose of fulfilling its obligations under the Offer and in accordance with the Law of Ukraine "On the Protection of Personal Data."

• 10.3

  The Donor agrees that after providing information about themselves when making a Charitable Donation or subscribing to the Organization's news on the Website, they may receive reports on the results of public fundraising and the use of charitable donations by the Organization, as well as letters and messages, including those of a promotional nature.

• 10.4

  The Organization undertakes not to transfer the email address or any other information about donors to third parties, except in cases provided for 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 unlawful actions of third parties or in cases where such disclosure took place with the Donor's consent.

Term of the Offer. Procedure for Amendments

• 11.1

  The Public Offer enters into force from the moment of its publication on the Website and remains in effect until the liquidation of the Organization, unless a different term is determined by the Organization. The provisions of this clause also apply to amendments (changes) to the Offer.

• 11.2

  The Organization has the right to amend the terms of the Public Offer without the Donor's consent. 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 Donor is obliged to independently monitor changes to the terms of the Offer by reviewing the current (updated) version published on the Website.

Dispute Resolution

• 12.1

  Disputes and disagreements arising during the performance of the Charitable Donation Agreement concluded under the terms of the Offer shall be resolved through written negotiations.

• 12.2

  A claim shall be submitted to a Party in writing by sending a registered letter with acknowledgment of receipt, within a period of no more than 10 (ten) calendar days from the date the issues forming the basis of the dispute arose. The claim shall be reviewed within 10 (ten) calendar days, calculated from the day it is delivered to the Party to which it is addressed.

• 12.3

  If the Parties are unable to reach an agreement through written negotiations, the dispute shall be subject to consideration in accordance with the procedure established by the current legislation of Ukraine.

• 12.4

  On all other matters not provided for by this Offer, the Parties shall be governed by the current legislation of Ukraine.

Force Majeure

• 13.1

  The Parties shall be released from liability for failure to perform or improper performance of obligations under the terms of the Offer if such failure is the result of force majeure circumstances and their consequences, namely: fires, epidemics, floods, earthquakes or other natural disasters, war and military actions, strike(s), sabotage, accidents, mass disorder and unrest, quarantine restrictions, acts of state authorities or governing bodies, international sanctions, etc., which directly affect the performance of the Agreement and arose after its conclusion. In such cases, the period for fulfilling obligations under the Agreement shall be extended for the duration of the said circumstances and their consequences.

• 13.2

  The Party unable to fulfill its obligations under the Agreement as a result of force majeure circumstances and their consequences shall, within 15 days, notify the other Party in writing of the beginning or end of such circumstances, and provide documentary confirmation 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 invoke such circumstances as those releasing it from liability. Notification by the Foundation of the occurrence of force majeure circumstances may be made, among other ways, by posting relevant information on the Website.

• 13.4

  Certificates issued by the authorized state authorities of Ukraine shall serve as confirmation of the existence and duration of force majeure circumstances.

Contact Information

If you have any questions regarding this Public Offer, please contact the Foundation through any of the channels below.