AGREEMENT ON PUBLIC OFFER
for charitable donation (the non-repayable transfer of property and money) for general (charity) purposes)
This Public offer for charitable donation is aimed at an uncertain circle of individuals and legal entities (hereinafter - the Donor) - the website visitors of the ICF "The power of human hearts", on the internet: https://human-hearts.site (hereinafter - the Site), and is an official and public offer of the International charity foundation "The power of human hearts" (EDRPOU Code 44362171) represented by the Director Mrs. Anastasiia Uvarova acting on the basis of the Charter hereinafter - the Foundation) to conclude the agreement on charitable donation (hereinafter - the Agreement) the subject and the substantial terms are indicated below:
1. Terms and definitions used in the Agreement
Public offer - a current offer of the Foundation is a valid proposal put on the site to provide a charitable donation aimed at an uncertain circle of individuals including the Donor. Acceptance is the complete and unconditional acceptance of the Offer by means of actions aimed at the execution of a money transfer using payment forms and means as put on the site of the Foundation or by transferring money on the current account of the Foundation through the banks. The Offer is considered accepted from the date of transfer of money on the current account of the Foundation. Charitable donation is the Donor’s free transfer of money into the ownership of the Foundation for the achievement of certain, previously agreed purposes of activity, in accordance with the Agreement and the Law of Ukraine "Charitable activities and charitable organizations".
2. Subject of the Agreement
The subject of this Agreement is the Donor’s free and voluntary transfer of money into the ownership of the Foundation by means of the charitable donation to provide statutory activities of the Foundation. The Donor independently determines the amount of charitable donation. The subject of this Agreement is not intended to earn profit directly or indirectly for either party.
3. The Acceptance of the Offer states that the Donor agrees with all the terms and conditions of the Offer, he is acquainted with the Charter of the Foundation, which is posted electronically on the website of the organization and he understands and agrees with the subject of the Agreement, and with the purpose of public fund-raising and also confirms the right of the Foundation to use part of the charitable donation to the administrative expenses of the Foundation in the amount not exceeding that provided for by the legislation of Ukraine.
4. The Donor and the Foundation agree that after the acceptance of the Offer this Agreement is deemed to be concluded in writing in accordance with Articles 207 (2), 639, 641 and 642 of the Civil Code of Ukraine The parties also agree that after the acceptance of the Offer the failure to follow the written form of the agreement does not entail invalidity of this Agreement.
5. Rights and obligations of the Foundation
5.1. The Foundation is entitled to:
- receive charitable donations and use them in accordance with the subject and terms of this Agreement;
- change the areas of using the charitable donation within the statutory activities of the Foundation without the Donor’s consent;
- without the Donor’s consent use part of the charitable donation to the administrative expenses of the Foundation in the amount not exceeding that provided for by the legislation of Ukraine.
5.2. The Foundation undertakes to:
- in case of use of charitable donations contrary to the purposes of this Agreement to return the funds to the Donor upon its written application.
6. The Donor’s rights
- transfer a voluntary charitable donation to the Foundation's account in the manner specified in the Agreement;
- request a report on the use of the voluntary charitable donation.
7. Place of public fund-raising
Public fund-raising of the charitable donation is carried out in the territory of any country of the world. The direct activities of the Foundation, concerning the public fund-raising under the Agreement, carried out at the location of the Foundation.
8. Term for fund-raising of the charitable donation
The public fund-raising of the charitable donation lasts until the liquidation of the Foundation unless another term is determined by the Foundation.
9. Procedure for the use of charitable donations
The use of charitable donations is carried out in accordance with the purposes of the activities of the Foundation. The Foundation disposes of charitable donations at its discretion. Charitable donations received by the Foundation may be returned to the Donor only in cases specified by the legislation of Ukraine. The parties' liability for violation of this Agreement or the procedure for using charitable donations is specified by the requirements of the current legislation of Ukraine.
10. Procedure for the general access to the financial reports of the Organization:
The financial reports of the Foundation are made accessible on written request by the Donor. Other information is provided by the Foundation in accordance with the procedure and within the timeframe specified by the legislation of Ukraine.
11. All expenses related to the transfer and receipt of charitable donations (commission, etc.) shall be covered by the Donor.
12. By accepting the Offer, the Donor confirms that he is familiar with Addendum 1 to this Agreement and consents to collecting, processing and use of personal data in the manner set forth in Addendum 1 to this Agreement.
13. The Donor agrees that the Foundation may send e-mails and messages, including for advertising purposes, to the e-mail address or contact telephone number of the Donor after the submission of information when donating, subscribing to the Foundation's news or registering on the website. Also, the Foundation has the right, without the consent of the Donor, to disclose surname, first name, patronymic or the name of the Donor as a Donor of the Foundation on the site or in any other media. At the same time, the Foundation undertakes not to disclose information on the Donor’s contact information to third parties, except in cases explicitly provided for by the legislation of Ukraine.
Addendum 1 to
Agreement on public offer for
charitable donation
NOTIFICATION OF CONSENT
to processing of personal data
I, the Donor who has accepted the public offer for charitable donations to the ICF "The power of human hearts" on the internet: https://human-hearts.site according to the Law of Ukraine “On Personal Data Protection” of 1 June 2010, No. 2297-VI I give my consent for the the International charity foundation "The power of human hearts" ( hereinafter - the Foundation) to processing and use of my personal data in accordance with the established procedure (name of the database: International charity foundation "The power of human hearts" in order to perform the statutory activities of the Foundation, involvement of persons in the activities in accordance with the Charter of the Foundation and the legislation of Ukraine in the amount necessary for the fulfillment of the above purpose of processing personal data. Also, I agree that my personal data may be transferred / distributed / disclosed (including for further processing and use) in the framework of the implementation of the competence in the field of activity between me and the Foundation to third parties. I do hereby also consent that my personal data can be accessed by third parties at their request, on condition that these persons are obliged to ensure compliance with the requirements of the Law of Ukraine “On Personal Data Protection” in the manner provided for by the Article 16 of the Law of Ukraine “On Personal Data Protection”. By acceptance of the public offer on providing a charitable donation, posted on the website of the ICF "The power of human hearts", on the internet: https://human-hearts.site I confirm that I have been notified of the inclusion of my personal data in the personal data base in order to carry out the statutory activities of the Foundation, the involvement of persons in activities in accordance with the Charter of the Foundation and the legislation of Ukraine, as well as information on the rights defined by the Law of Ukraine “On Personal Data Protection”.
