Terms and conditions
on making
a voluntary charitable donation
This Public offer of charitable donation (hereinafter – the Offer) is aimed at an indefinite number of persons (hereinafter – the Benefactor) and is a public offer of the Charitable Organization Charitable Foundation “Who, But We!!”, represented by Yulia Moroz (hereinafter – the Foundation), to conclude an agreement on the provision of charitable donations on the following terms:
1. Terms and definitions of concepts:
Public offer (and / or Offer) – a valid offer of the Foundation posted on the website https://whobutwe.com/ for a charitable donation aimed at an indefinite number of persons.
Acceptance – full and unconditional acceptance of the public offer by performing actions to transfer funds through payment forms and funds posted on the website, as well as by transferring funds to the current account of the Fund through banks. The moment of acceptance is the date of crediting funds to the current account of the Fund.
Payment is a voluntary charitable donation.
Voluntary charitable donation is a money transfer made by the Donor to achieve the goals, objectives, directions and types of statutory activities of the Foundation in accordance with the Agreement and the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
2. Subject of the Agreement
The subject of this Agreement is a free and voluntary transfer by the Donor to the Foundation by making a charitable donation to ensure the statutory activities of the Foundation, including (but not limited to) charitable assistance to the Foundation in accordance with the Law of Ukraine “On Charitable Activities and Charitable Organizations”, the Foundation’s programs, etc. The Donor independently determines the amount and directions of use of the charitable donation. The execution of this Agreement by the parties is not intended to make a profit or any benefit for any of the parties.
The Agreement shall be deemed concluded by unconditional and full accession of the Donor to this Agreement and acceptance of all essential terms of the Agreement.
The Philanthropist and the Foundation, guided by Art. 207, Part 2, Art. 639, Art. 641, 642 of the Civil Code of Ukraine, Art. 7 of the Law of Ukraine “On Charitable Activities and Charitable Organizations” agree that the Agreement is considered concluded in writing without signing a written copy by the Parties from the moment the Philanthropist performs the actions provided for by the Agreement, expressing his/her agreement with the terms. Agreements.
The Agreement is posted on the website https://whobutwe.com/ in free access and in a way that ensures that every person who applies to the Fund is familiar with the content of this Agreement.
The Benefactor cannot offer its own terms of the Agreement.
3. Acceptance
By accepting the Offer, the Benefactor declares that he/she agrees with all the terms of the Offer and understands and agrees that the Charitable Donation will be used to achieve the goals set out in the Charter of the Foundation.
In addition, by accepting the Offer, the Donor is fully aware of and agrees with the subject of the Agreement, the goals and objectives of public fundraising, and confirms the right of the Foundation to use part of the Charitable contribution for the administrative expenses of the Foundation.
The Parties agree that from the moment of acceptance of the Offer, this Agreement shall be deemed to be concluded in writing in accordance with Articles 207, 639, 641 and 642 of the Civil Code of Ukraine and Articles 6 and 7 of the Law of Ukraine “On Charitable Activities and Charitable Organizations”. The parties agree that after the Acceptance of the offer, failure to conclude this Agreement in the form of a separate document does not entail the invalidity of this Agreement.
4. Rights and obligations of the Fund
The Foundation has the right:
– To receive voluntary charitable donations and use them to achieve the purpose, objectives, directions and types of statutory activities of the Foundation in accordance with the Agreement and the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
– At the request of the Donor to provide a report on the received voluntary charitable donation and its use.
5. Rights of the benefactor
The benefactor has the right to
– transfer voluntary charitable donations to the Fund’s account in the manner prescribed by the Agreement;
– To demand a report on the use of voluntary charitable donations.
6. Place of public fundraising
Public fundraising of the Charitable Donation is carried out in any country of the world. The direct activities of the Foundation related to the achievement of the goals provided for by the Statute of the Foundation are carried out on the territory of Ukraine (except for the temporarily occupied territories of Ukraine and the areas of the anti-terrorist operation). All costs associated with the transfer of donations are borne by the Donor.
7. The period of fundraising
The public fundraising lasts until the termination of the Foundation’s activities (including liquidation), unless otherwise determined by the decision of the Foundation, about which the Benefactor will be notified by posting the relevant information on https://whobutwe.com/.
8. Procedure for using the Charitable Donation
The Charitable Donation is used in accordance with the purposes defined by the statutory activities of the Foundation and the current legislation of Ukraine, in particular the Law of Ukraine “On Charity and Charitable Organizations”. The Foundation uses charitable donations in accordance with its statutory activities and programs of the Foundation. Charitable contributions received by the Foundation may be returned to the Donor only in cases provided for by the legislation of Ukraine and this Agreement.
9. Responsibility of the Foundation
For violation of the terms of this Agreement and use of charitable donations contrary to the procedure provided for by the statutory activities of the Foundation and the legislation of Ukraine, the Foundation shall be liable in accordance with the current legislation of Ukraine. Ukraine.
10. Other conditions The
donor independently determines the amount of a voluntary charitable donation.
The donation is voluntary and non-refundable.
The Donor is responsible for the accuracy of the information provided when transferring the Donation.
In order to comply with the Law of Ukraine “On Personal Data Protection” and to properly fulfill the terms of the Agreement, the Donor agrees to the processing of personal data.
The provisions of the legislation of Ukraine apply to the relations between the Donor and the Foundation.
Annex 1 to the Public Offer Agreement on charitable donation
CONSENT-NOTIFICATION
for the collection, processing and use of personal data
relations in the field of accounting; relations in the field of statistics; and ensuring the implementation of other relations that require the processing of personal data and other local acts.
I also consent to the transfer (dissemination) of my personal data solely for the above purpose and in the manner prescribed by the Law of Ukraine “On Personal Data Protection” and local acts of the Fund, which establish the processing and protection of personal data. data. I do not require notification of the transfer (dissemination) of my personal data to third parties, if such transfer (dissemination) meets my interests for the implementation of these legal relations.
By signing this consent, I confirm that I have been notified in writing about the purposes of processing personal data (in accordance with the purpose specified in this document) and the persons to whom my personal data are transferred, as well as about their rights in accordance with Article 8 of the Law of Ukraine “On Personal Data Protection”, according to which the subject of personal data has the right to ermine:
1) to know about the sources of collection, location of personal data, the purpose of their processing, location or place of storage, place of residence (stay) of the owner or manager of personal data or to give appropriate instructions for obtaining this information to authorized persons, except as provided by law;
2) to
receive information on the conditions for granting access to personal data, including information about third parties to whom his/her personal data are transferred;
3) to have
access to his/her personal data;
4) to
receive no later than thirty days in advance
the information about the owner or manager of personal data
6) to submit a reasoned request to change or destroy his/her personal data by any owner and administrator of personal data, if these data are processed illegally or are unreliable;
7) to protect his/her personal data from unlawful processing and accidental loss, destruction, damage as a result of intentional concealment, failure to provide or untimely provision, as well as to protect against the provision of inaccurate information or information that discredits honor, dignity and business reputation; 8
) to apply to the Commissioner or to the court with complaints regarding the processing of his/her personal data;
9) to apply legal remedies in case of violation of the legislation on personal data protection;
10) to make reservations regarding the restriction of the right to process
his/her
personal data when giving consent;
11) to withdraw consent to the processing of personal data;
12) to know the mechanism of automated processing of personal data; 3
) to protect against an automated decision that has legal consequences for him/her.
This consent agreement is valid for an indefinite period.