1. General Provisions
1.1. This public offer for making a charitable donation (hereinafter referred to as the “Offer”) is a proposal of the Charity Organization “Charity Fund “RIDNI””, legal entity identification code 38425626, located at: Ukraine, 79015, Lviv region, Lviv city, 20D Porokhova Street, office 68 (hereinafter referred to as the “Foundation”), represented by Director Mariana Olehivna Romaniak, to an indefinite circle of physical persons and private legal entities (hereinafter each of such persons – the “Donor”) to conclude an agreement on making a charitable donation (hereinafter the “Agreement”) under the terms described in this Offer with each Donor who applies.
1.2. This Offer is a proposal to conclude an agreement in accordance with Article 641 of the Civil Code of Ukraine.
1.3. This Offer comes into force from the moment of its publication on the Foundation’s website at: https://ridni.org.ua (hereinafter the “Website”). This Offer is open-ended and may be amended or revoked by the Foundation at any time (before its acceptance by the Donor) by publishing the relevant information on the Website.
1.4. From the moment of making a donation in the manner determined by this Offer, the Agreement on making a charitable donation, the essential terms of which are provided for in this Offer, and other conditions regulated by the legislation of Ukraine, shall be deemed concluded.
1.5. The Foundation may conclude agreements on making charitable donations in a different manner and/or on other terms than those provided for in this Offer. The Donor may separately apply to the Foundation to conclude such an agreement.
2. Subject of the Agreement
2.1. Under this Agreement, the Donor gratuitously and irrevocably transfers, as a voluntary charitable donation, funds into the ownership of the Foundation to support the statutory activities of the Foundation, and the Foundation accepts such charitable donation and undertakes to use it for conducting its charitable activities in accordance with the Foundation’s Charter and the legislation of Ukraine, or for the purpose of organizing the activities of the Foundation.
2.2. The transfer of funds by the Donor under this Agreement shall be recognized as a charitable donation in accordance with Article 6 of the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
2.3. Under this Agreement, the charitable donation is provided without any suspensive or canceling conditions and without any restrictions on its use by the Foundation.
2.4. The Donor independently determines the amount of the charitable donation. The Donor has the right to receive information from the Foundation regarding the nature and amount of necessary charitable assistance for specific purposes of the Foundation’s activities, as well as under the Foundation’s charitable programs, in order to determine the directions of using the charitable donation before making it.
2.5. The conclusion and execution of this Agreement does not aim to or provide for the receipt of profit by any of the parties.
3. Activities of the Foundation
3.1. The Foundation carries out charitable activities in the field of assistance to children and their families, including healthcare, providing them with charitable aid, as well as other types of charitable activities that correspond to the Foundation’s purpose according to its Charter.
3.2. The activities of the Foundation are not intended to generate profit.
3.3. The Foundation’s Charter, information about its work, and reports on its activities are published on the Website.
3.4. If necessary, the Foundation has the right to use funds for other purposes than those indicated on the Website, within the statutory objectives of the Foundation or for the purpose of organizing the Foundation’s activities.
4. Making a Donation and Acceptance of the Offer
4.1. The Donor independently determines the amount of the charitable donation and makes it in one of the following ways:
4.1.1. by making a money transfer using payment forms and tools placed on the Website; or
4.1.2. by transferring funds to the current account of the Foundation through banking institutions and other payment systems.
4.2. Charitable donations are open-ended, and the period of their use by the Foundation is not limited.
4.3. According to this Offer and the Agreement, charitable donations are provided by Donors and used by the Foundation for conducting and supporting the Foundation’s charitable activities (implementation of directions, goals, and charitable programs) in accordance with the Foundation’s Charter and the legislation of Ukraine, as well as organizing the Foundation’s activities. The Donor agrees with such targeted use of their donation.
4.4. If the Donor wishes to make a donation for a specific purpose, they have the right to apply to the Foundation to conclude a separate agreement on making a charitable donation with a specific designation. The conditions of such Agreement are agreed by the Parties separately. If the Donor specifies a particular purpose when making a donation without prior approval by the Foundation, the Foundation has the right to use the donation for the purposes defined in this Offer.
4.5. Donations are used by the Foundation in the order of their receipt.
4.6. When making a donation, the Donor provides their contact information for correct identification: name and surname, name of the legal entity, email address and/or phone number, and other data allowing the Donor to be identified.
4.7. Acceptance of the Offer is considered its full and unconditional acceptance by the Donor by performing the actions of transferring funds to the Foundation in one of the ways specified in clause 4.1 above. The Offer is deemed accepted, and the Agreement concluded, from the date of crediting the funds to the Foundation’s current account or their deposit at the Foundation’s cash desk.
4.8. Funds transferred as a donation are non-refundable and cannot be returned to the Donor, except in cases where such return is required by the legislation of Ukraine.
4.9. By accepting the Offer, the Donor confirms that they agree with all the terms of the Offer, fully understand, and agree with the subject and conditions of the Agreement.
4.10. Expenses related to making charitable donations (transfer commissions, taxes, fees, etc.) are borne by the Donor. The Donor understands and agrees that part of their charitable donation may be used by the Foundation to cover expenses related to making donations if such expenses are automatically charged by third parties and cannot be avoided (e.g., payment system acquiring fees, bank fees, etc.).
5. Rights and Obligations of the Parties
5.1. The Foundation undertakes to use the Donor’s charitable funds strictly in accordance with the legislation of Ukraine and only within its statutory activities or for the purpose of organizing the Foundation’s activities.
5.2. According to this Offer and the Agreement, deemed concluded by its acceptance by the Donor, the Foundation has the right to independently determine the directions of using the charitable donation in accordance with its statutory activities and the legislation of Ukraine, while a specific purpose of the donation may be determined by the Parties in separate agreements.
5.3. The Donor agrees that, according to the Law of Ukraine “On Charitable Activities and Charitable Organizations”, the Foundation may use part of the funds received from Donors to finance its administrative expenses.
5.4. The Donor has the right to receive information about the use of charitable assistance by the Foundation according to the reports published on the Website. If the required information is not available, the Donor has the right to request access to information exclusively in the manner and within the limits defined by the legislation of Ukraine.
5.5. By making a charitable donation, the Donor unconditionally affirms:
5.5.1. their legal capacity,
5.5.2. voluntariness of the transaction,
5.5.3. that the subject of the donation is not prohibited, seized, pledged, encumbered by third-party rights, and was not acquired in violation of the Law of Ukraine No.361-IX “On Prevention and Counteraction to Legalization (Laundering) of Proceeds of Crime, Financing of Terrorism and Financing of Proliferation of Weapons of Mass Destruction”.
5.5.4. If the Foundation has reasonable doubts regarding these statements, the Foundation has the right to request, and the Donor undertakes to provide, relevant supporting evidence.
5.6. The Foundation is not liable if a donation is made from a source that is illegal or unconfirmed. In any case, the Donor bears responsibility independently, and the Foundation does not accept any claims regarding the illegality or unconfirmed origin of the funds.
6. Final Provisions
6.1. By accepting the Offer, the Donor gives consent to the Foundation to process their personal data disclosed when making the donation for the purpose of fulfilling the Agreement. Such personal data may include: name, surname, patronymic, address, place of residence, email address, phone number, and (when transferring funds to the Foundation’s current account via banking institutions) banking details. Permitted types of personal data processing include collection, registration, accumulation, storage, adaptation, modification, updating, use and distribution (dissemination, implementation, transfer), anonymization, and destruction. The Foundation undertakes not to disclose the Donor’s personal data to third parties without the Donor’s consent, except when disclosure is required by state authorities or otherwise mandated by Ukrainian legislation. The Donor confirms that they are aware of their rights under the Law of Ukraine “On Personal Data Protection”. The scope of the Donor’s rights as a data subject under the Law is known and understood by them.
6.2. The Donor consents to their contact information being used by the Foundation to send them letters and messages, including electronic ones. At the same time, the Foundation undertakes not to disclose the Donor’s contact details to third parties, except as expressly provided for by Ukrainian law.
6.3. In case of disputes between the Parties under this Agreement, they shall be resolved through negotiations. If settlement by negotiation is impossible, disputes shall be considered by courts in accordance with the procedure established by law.