of Charitable Donation
I. GENERAL
1.1 This Public Offer of Charitable Donation (hereinafter referred to as the OFFER) is an offer of the Ukrainian Charitable Institution “THE ZHEBRIVSKY FAMILY CHARITABLE FOUNDATION” registered at 59, Kyrylivska Street, 04080 Kyiv, registration number of the legal entity: 37725772, represented by Mrs Stanislava Ivanivna Pleskach, Director, acting on the basis of the Charter (hereinafter referred to as the CHARITABLE FOUNDATION) in accordance with the Civil Code of Ukraine, Article 641, for an indefinite number of people who voluntarily carry out a charity (hereinafter referred to as the DONOR) to make an agreement on charitable donation (hereinafter referred to as the AGREEMENT) subject to the terms and conditions set forth herein.
1.2 The OFFER is published on the official online website of the CHARITABLE FOUNDATION at: www.zhebrivskyfoundation.org.ua
1.3 The OFFER is open-ended and comes into effect from the date of publication on the official website of the CHARITABLE FOUNDATION.
1.4 The OFFER may be modified or withdrawn by the CHARITABLE FOUNDATION at any time until accepted by the DONOR. The information about modification or withdrawal of the OFFER shall be published on the official website of the CHARITABLE FOUNDATION. Such a modification or withdrawal shall come into force from the date of publication on the official website of the CHARITABLE FOUNDATION.
II. SUBJECT MATTER OF THE AGREEMENT
2.1 According to this AGREEMENT, the DONOR shall free of charge and irrevocably transfer money and/or other property as a voluntary charitable donation to ownership of the CHARITABLE FOUNDATION, and the CHARITABLE FOUNDATION shall accept such a charitable donation and shall use it for own charitable activities in accordance with the Charter and applicable Ukrainian laws.
2.2 The scope and size of charitable foundations shall be determined by the DONOR on their own and on their own discretion.
2.3 Donation of money and/or other property by the DONOR under the AGREEMENT shall be understood to be a charitable contribution in the meaning of Ukraine Low on Charitable Activity and Charitable Institutions.
2.4 Entry and performance of the AGREEMENT shall not aim at and imply any profit for any of the parties.
III. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1 The CHARITABLE FOUNDATION shall have the right to:
3.1.1. Fundraise charitable donations and use them according to the OFFER and the AGREEMENT;
3.1.2. Determine the areas for allocating the charitable donations according to the activities outlined in the Charter and applicable Ukrainian laws on its own;
3.1.3. Allocate a part of charitable donations for administrative costs borne by the CHARITABLE FOUNDATION without agreeing with the DONOR, and the size of such allocation shall not exceed the size envisaged by the applicable Ukrainian laws.
3.2. The CHARITABLE FOUNDATION shall be obliged to:
3.2.1. Allocate the fundraised donations to achieve the goals outlined in the Charter of the CHARITABLE FOUNDATION;
3.2.2. Keep confidential the information, including the personal data, obtained from the DONOR, not transfer it to third parties without consent of the DONOR except for cases defined by the OFFER and applicable Ukrainian laws;
3.3. The DONOR shall have the right:
3.3.1. Donate a voluntary charitable donation to the account of the CHARITABLE FOUNDATION in the manner specified in the AGREEMENT;
3.3.2 Obtain information about use of their charitable donation;
3.3.3 Determine a specific goal of the donation as part of goals and activities of the CHARITABLE FOUNDATION by making a separate agreement on charitable donation with the CHARITABLE FOUNDATION.
3.4. The DONOR shall be obliged to:
3.4.1 Carefully and in full detail read all rules and conditions of the OFFER and AGREEMENT and accept them while making a payment of the charitable donation.
IV. PROCEDURE OF DONATION, OFFER ACCEPTANCE
4.1. The DONOR shall on their own determine the size of the charitable donation and shall make it by means of (i) money transfer using the payment forms and means published on the official website of the CHARITABLE FOUNDATION, or (ii) money transfer to the bank account of the CHARITABLE FOUNDATION and/or transfer of other properties.
4.2. OFFER acceptance shall be understood to be full and unconditional acceptance of the OFFER by means of actions performed by the DONOR to transfer a charitable donation in any manner specified in par. 4.1 above to the CHARITABLE FOUNDATION. The OFFER shall be considered accepted, and the AGREEMENT shall be considered made on the date of money credited on the bank account of the CHARITABLE FOUNDATION or their entry in the books of the CHARITABLE FOUNDATION or actual receipt of property by the CHARITABLE FOUNDATION according to the Transfer and Acceptance Statement. By accepting the OFFER, the DONOR shall confirm that he/she agrees with all terms and conditions of the OFFER, is fully aware of and agrees with the subject and terms of the AGREEMENT.
4.3 The costs related to making charitable contributions (money transfer fees, taxes, other fees) shall be borne by the DONOR, when such costs are imposed on the DONOR; if such costs are imposed by third parties on the CHARITABLE FOUNDATION by default and cannot be avoided (for instance, acquiring fees of payment systems, bank fees, etc.), the CHARITABLE FOUNDATION shall have the right to allocate a portion of the charitable foundation to cover such costs.
4.4 By giving a charitable donation, the DONOR shall unconditionally claim (i) their legal capacity, (ii) voluntary nature of the transaction, (iii) that the object of the charitable donation is not subject to a ban, arrest, is not in lien, is not encumbered by any other rights of third parties and was not acquired in violation of the provisions of Ukraine Law No. 361-IX “On Prevention and Countermeasures Against the Legalization (Laundering) of Criminal Proceeds, Financing of Terrorism and Financing of the Proliferation of Weapons of Mass Destruction”.
4.5. The charitable donation paid by the DONOR shall be at all times non-refundable.
V. ACTIVITY OF THE CHARITABLE FOUNDATION
5.1 The CHARITABLE FOUNDATION shall conduct charity according to its Charter and applicable Ukrainian laws.
5.2. The activity of the CHARITABLE FOUNDATION shall not be for profit.
5.3. The information about the activity of the CHARITABLE FOUNDATION shall be published on the official website of the CHARITABLE FOUNDATION.
VI. PERSONAL DATA
6.1 By accepting the OFFER, the DONOR shall give to the CHARITABLE FOUNDATION their consent to the processing of their personal data, which is disclosed by the DONOR when making a charitable donation, in order to fulfil the terms of the AGREEMENT. Such personal data may include the name, surname and patronymic, address, residential address, e-mail address, phone number and bank details (when transferring funds to the bank account of the CHARITABLE FOUNDATION through bank institutions). The permitted types of personal data processing include their collection, registration, accumulation, storage, adaptation, change, renewal, use and dissemination (distribution, implementation, transfer), depersonalization and destruction. The CHARITABLE FOUNDATION shall be committed not to disclose the DONOR’s personal data to third parties without DONOR’s prior consent unless such disclosure is required by the governmental authorities or otherwise required according to the Ukrainian laws. The DONOR shall confirm that they are aware of the rights secured by Ukraine Law “On Protection of Personal Data”. The DONOR shall consent that their contact information can be used by the CHARITABLE FOUNDATION for sending letters and messages, including e-mails, to the DONOR.
VII. MISCELLANEOUS
7.1. The provisions of the applicable Ukrainian laws shall apply to the relations between the DONOR and CHARITABLE FOUNDATION.
7.2. If any dispute arises between the parties of the AGREEMENT, they should be resolved by negotiations. When disputes cannot be resolved by negotiations, such disputes should be heard by courts under the procedure established by the appliable Ukrainian laws.
VIII. CONTACTS
UKRAINIAN CHARITABLE INSTITUTION “THE ZHEBRIVSKY FAMILY CHARITABLE FOUNDATION”
Identification number 37725772
Address: 59, Kyrylivska Street, 04080 Kyiv
E-mail: info@zhebrivskyfoundation.ua
Bank Account Details:
Account: UA143006140000026003500345743
Account currency: 980 (UAH)
Bank name: JSC “Credit Agricole Bank”
Beneficiary: Ukrainian Charitable Institution “The Zhebrivsky Family Charitable Foundation”
EDRPOU code: 37725772
Director – Mrs. Stanislava Ivanivna Pleskach