This public offer for charitable donations (the “offer”) is intended for an unlimited number of individuals (the “donor”) who are visitors to the official website of the CO «CF «Kids to Kids» (the “Foundation”) via https://kids2kids-fund.com/ (the “website”), and who wish to make a charitable donation within the scope of this public offer (the “Charitable Donation Agreement”). The parties to this Agreement are referred to collectively as the “parties,” and individually as the “party.”
The content of the offer is an official submission by the CO «CF «Kids to Kids», executive director
Kisielova Natalia acting in accordance with the Statute, to finalize a charitable donation agreement (the “Agreement”). The main points are detailed below.
1. Terms and Definitions
1.1. Public offer – a legitimate offer for charitable donations detailed on the website by the Foundation, aimed at an unlimited number of individuals including the donor.
1.2. Acceptance – the full and unconditional acceptance of the public offer by making a monetary transfer, either via the website or directly into the Foundation’s bank account. The date the funds are credited to the Foundation’s bank account shall be deemed the moment of acceptance.
1.3. Charitable donation – a voluntary transfer of assets from the donor to the Foundation for specific, pre-determined purposes in accordance with the Agreement and Ukraine’s Law on “Charitable Activities and Charitable Organizations.”
2. Subject of the Agreement
2.1. The subject of this Agreement is the voluntary and gratis transfer of money via donations from the donor to the Foundation, in order that the Foundation may implement its statutory goals and activities. It also includes the provision of charitable assistance by the Foundation to its programs, in accordance with Ukraine’s Law on “Charitable Activities and Charitable Organizations.”
2.2. The number of charitable donations and their value shall be at the sole discretion of the donor.
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 (either directly or indirectly) is not the subject of the offer.
2.5. By making a charitable donation, the donor accepts this public offer.
3. Acceptance of the Offer
3.1. Acceptance of the offer (acceptance of the terms of the offer) signifies that the donor agrees to all its provisions and is familiar with the Foundation’s Statute, an electronic copy of which is available on the Foundation’s website. Furthermore, the donor fully understands and agrees with the subject of the Agreement, and with the purpose and goals of public fundraising through charitable donations. Moreover, that the Foundation has the right to use a proportion of the donor’s charitable donation for its administrative expenses, in an amount not exceeding that prescribed by Ukraine’s legislation.
3.2. The donor and the Foundation, in accordance with Art. 207, part 2 of Art. 639, Art. 641, 642 of the Civil Code of Ukraine, agree that from the moment the offer is accepted, the Charitable Donation Agreement is considered finalized.
3.3. The parties agree that the failure of the parties to comply with the written form of the Charitable Donation Agreement does not imply its invalidity.
4. The Foundation’s Rights and Responsibilities
4.1. The Foundation has the right:
4.1.1. To receive charitable donations and to use them in accordance with the terms of the offer and the Charitable Donation Agreement.
4.1.2. To change the charitable donation’s areas of use within the Foundation’s statutory activities.
4.1.3. To use a proportion of the charitable donation for the Foundation’s administrative expenses without the donor’s consent, in an amount not exceeding that provided for by Ukraine’s legislation.
4.2. The Foundation is required:
4.2.1. To create the conditions necessary for the donor to make the charitable donation in accordance with the terms of the offer.
4.2.2. To use the received charitable donations to achieve the goals specified in the Foundation’s Statute.
4.2.3. To keep information (including personal data) received from the donor confidential, and to not disclose it to third parties without the donor’s consent, except in cases provided for by the offer and Ukraine’s current legislation.
5. The Donor’s Rights and Responsibilities:
5.1. The donor has the right:
5.1.1. To transfer the voluntary charitable donation to the Foundation’s account in the manner specified in the Agreement.
5.1.2. To apply to the Foundation to receive a report on its use of charitable donations.
5.2. The donor is required:
5.2.1. To familiarize themselves carefully and thoroughly with all the rules and conditions of the offer and to accept these when making a charitable donation. The donor should also familiarize themselves with the additional rules governing relations between the parties under the offer.
6. Location and Terms for Receiving Charitable Donations
6.1. The public collection of donations shall be conducted in any country of the world in accordance with the procedure provided for in Article 7 of Ukraine’s Law on “Charitable Activities and Charitable Organizations.” The Foundation’s direct activities related to the public request for donations under the Agreement shall be conducted at the Foundation’s location.
6.2. The public request for donations shall continue until the Foundation’s dissolution unless the Foundation establishes another term.
6.3. In the case of conducting targeted charitable projects, public fundraising for charitable donations is carried out within the timeframes specified in the relevant announcement of public fundraising for charitable donations for a specific purpose on the Foundation’s Website.
7. Objectives and directions of charitable activities. Procedure for making a charitable donation.
7.1. The Law of Ukraine “On Charity and Charitable Organizations” and the Statute of the Foundation determine the objectives and directions of the Foundation’s charitable activities.
7.2. The Foundation’s Statute, information about its activities, programs, and reports on the results of its activities are available on the Foundation’s Website.
7.3. In the case of conducting targeted charitable projects, public fundraising for charitable donations is carried out in the amount specified in the relevant announcement for public fundraising for charitable donations for a specific purpose on the Foundation’s Website.
7.4. The title, description, and purpose of the Foundation’s projects, in the case of conducting targeted charitable projects, are indicated in the relevant announcements regarding public fundraising for charitable donations on the Foundation’s Website.
7.5. In the case of conducting targeted charitable projects, the unused funds that were not used during the project implementation will be used in the statutory activities of the Foundation.
7.6. When a donor makes a charitable donation to a specific targeted charitable project, they consent to the reallocation or utilization of the charitable donation in other charitable projects of the Foundation, in accordance with the objectives of the Foundation’s statutory activities.
7.7. The Foundation provides the donor with the opportunity to make a Charitable Donation by electronic payment on the Website or by transferring funds to the Foundation’s bank account. The donor chooses the payment format at their discretion: one-time or regular (with the option to cancel regular payments at any time).
7.8. The payment is considered completed by the donor upon successful confirmation of the transaction by the bank or payment system. All expenses related to the payment and transfer of donations are borne by the donor.
7.9. Charitable donations made by the donor are non-refundable under any circumstances.
7.10. Charitable donations have no expiration date, and the term of their use by the Foundation is not limited.
8. Use of Charitable Donations:
8.1. Charitable donations collected under the Agreement shall be used in accordance with the objectives of the Foundation’s statutory activities. The Foundation shall make use of the charitable donations at its sole discretion. Charitable donations received by the Foundation shall not be refunded. The parties’ liability for the violation of the terms of this Agreement and the procedure for the use of charitable donations shall be in line with Ukraine’s current legislation requirements.
8.2. The donor or individuals authorized by them, shall have the right to control the intended use of the charitable donation.
9. The Parties’ Liability
9.1. In the case of non-fulfillment or improper fulfillment of their obligations under the offer, the parties shall be liable in accordance with Ukraine’s current legislation and the terms of this offer.
9.2. The Fund shall not be liable in case of actions or inactions of third parties, as a result of which the Fund could not fulfill its obligations under the offer.
10. Confidentiality and Personal Data Protection
10.1. By acceptance, the donor confirms their familiarity with, and agreement to, the collection and processing of personal data.
10.2. The Foundation collects and processes the donor’s personal data in order to fulfill its obligations under the offer, and in accordance with Ukraine’s Law on “Personal Data Protection.”
10.3. The donor agrees that after providing information about themselves during the charitable donation process or subscribing to newsletters on the Foundation’s website, they may receive reports on public fundraising results and the Foundation’s use of charitable contributions, as well as letters and messages, including those of a promotional nature.
10.4. The Foundation undertakes to not disclose the donor’s email address and other information to third parties, except in cases provided for by Ukraine’s current legislation.
10.5. The Foundation is not responsible for the disclosure of personal data resulting from unlawful actions by third parties or in cases where such disclosure was given with the donor’s consent.
11. Offer Terms. Procedure for amendments and additions
11.1. The public offer comes into effect immediately it is placed on the website and is valid until the Foundation’s dissolution unless the Foundation establishes a new term. The conditions of this clause shall also apply to additions and changes to the offer.
11.2. The Foundation has the right to change the terms of the public offer without the donor’s consent. The Foundation reserves the right to unilaterally change the terms of the offer at any time, without any limitations, by publishing an updated version of the offer on the website.
11.3. The donor is required to independently monitor changes to the offer by familiarizing themselves with the current version on the website.
12. Dispute Resolution Procedure
12.1. Disputes and disagreements arising from the implementation of the Charitable Donation Agreement established under the terms of the offer shall be resolved through written negotiations.
12.2. In the event of a dispute or disagreement, a written claim shall be submitted to the party via registered letter within a maximum of ten calendar days from the date on which the basis for the dispute emerged. The party to which the claim is addressed shall acknowledge its receipt and consider the claim within ten calendar days of receiving the letter.
12.3. In cases where the parties are unable to reach an agreement via written negotiations, the dispute in question shall be dealt with in line with Ukraine’s current legislation.
12.4. On all other matters not provided for by this offer, the parties are subject to Ukraine’s current legislation.
13. Force Majeure
13.1. Parties shall be exempt from liability arising from improper or non-performance of obligations under the offer’s terms if such non-performance is due to force majeure circumstances and their consequences, namely fire, epidemic, flood, earthquake, other natural disasters, war and military action, strike, sabotage, accident, mass unrest and riot, quarantine restrictions, State Authorities’ acts or management, international sanctions etc., that directly affect the performance of the Agreement and arising after its conclusion. In such a case, the performance period of obligations under the Agreement shall be extended for the duration of the specified circumstances and their consequences.
13.2. The party that is unable to fulfill its obligations under the Agreement due to force majeure circumstances and their consequences is required to inform the other party in writing of the onset or cessation of these circumstances within 15 days, providing documentary evidence to substantiate the occurrence or existence.
13.3. Failure to notify, or to not notify within a timely manner, of force majeure circumstances will result in the respective party losing the right to invoke these as grounds for exemption from liability. The occurrence of force majeure circumstances may also be notified to the Foundation by posting the relevant information on the website.
13.4. Confirmation of the existence and duration of force majeure circumstances is provided by certificates issued by Ukraine’s authorized State Authorities.
14. Information about the FOUNDATION:
Charitable Fund
“Kids to Kids”
E-mail:
web@kids2kids-fund.com
Phone:
Address:
Ukraine, 01021, Kyiv,
str. Predslavinskaya, 34-B