of Making a Charitable Donation
This public offer of making a charitable donation (the "Offer") is intended for an unidentified circle of individuals and legal entities (the "Charity Giver") and is a public offer of the CHARITABLE ORGANIZATION "CHARITY FUNDATION "OLENA & JEREMY DE LA CRUZ", EDRPOU code 44841433 (the "Fund"), represented by Olena Valeriivna Kortnieva, its Chairman of the Board, acting on the basis of the Articles of Association, to enter into an agreement for the provision of a charitable donation (the "Agreement") on the following terms and conditions:
Terms and Definitions Used in the Agreement
Public Offer (and/or Offer) is a current proposal of the Fund placed on the Fund's Website about giving of a charitable donation intended for an unidentified circle of individuals and legal entities.
Charitable Donation means free and non-repayable transfer of funds initiated by the Donor into the ownership of the Fund for their subsequent use and achieving the goals of the Fund set by the Article sof Association or projects of the Fund in accordance with the Law of Ukraine On Charitable Acitivty and Charitable Organizations, Articles of Association of the Fund and this Agreement.
Donor means a legally capable individual and/or legal entity who willingly carries on one or more types of charitable activity. For the purposes of this Agreement, the Donor means an individual and/or legal entity that accepted this Offer.
The Offer shall be deemed accepted upon crediting money to the Fund's current account.
Acceptance means a complete and unconditional accepted of a Public Offer by doing acts aimed at a money transfer by using payment forms and means placed on the Fund's Website and by transferring money to the Fund's current account via bank institutions.
Website (and/or Fund's Website) means a webpage in the Internet at www.fondationolenajeremy.com, which is an official source of information for Donors of the Fund, its projects and other information.
Subject Matter of Agreement
The subject matter of this Agreement is a free, voluntary and non-repayable transfer by the Donor into ownership of the Fund of money by making a Charitable Donation to secure the Fund's statutory activity, including but not limited to the provision by the Fund of charitable support according to the Law of Ukraine On Charitable Activity and Charitable Organizations, programs (projects) of the Fund, etc.
The Donor shall at its absolute discretion determine the size of its charitable donation. In performing this Agreement, neither party pursues profit-earning purposes.
of the Offer by the Donor means that it agrees to all terms of the Offer, understands and agrees that the Charitable Donation will be used for the achievement of the goals contemplated by the Articles of Association of the Fund which can be reviewed on the Website.
accepting the Offer the Donor fully understands and agrees with the subject matter of the Agreement, goals and purpose of the public fund raising, and accepts the right of the Fund to use a part of the Charitable Donation to cover administrative costs of the Fund in such amount as provided by the Law of Ukraine On Charitable Activity and Charitable Organizations.
Pursuant to part 2 article 207, article 639, articles 641, 642 of the Civil Code of Ukraine, the Donor and the Fund agree that upon Acceptance, the Agreement will be deemed concluded in writing. The Parties agree that failure of the parties to meet the requirement of the written form shall not mean invalidity of the Agreement.
Rights and Obligations of Parties
The Fund shall be entitled:
To receive Charitable Donations and use the same according to the subject matter and terms of this Agreement and its statutory activity;
To change the areas of use of donations without approval of the Donor within the limits of the Fund's statutory activity.
To use a part of the Charitable Donation to cover administrative costs of the Fund in the amount not exceeding the limit provided by the Law of Ukraine On Charitable Activity and Charitable Organizations;
To arrange raising of donations and aid, contributions from legal entities and individuals, international organizations, and other property for the attainment of the statutory objectives of the Fund;
To receive aid in the form of non-repayable financial aid, donations, to decide at its absolute discretion on their use according to the provisions of the Articles of Association and laws of Ukraine.
The fund shall:
Provide information as to the use of the funds provided by the Donor.
The Donor shall be entitled:
To transfer the voluntary Charitable Donation to the Fund's account in such manner as set out in this Agreement;
To exercise control over the intended use of the Charitable Donation.
Place of Public Fundraising
The public fundraising for the Charitable Donation shall be carried out in the territory of any country of the world. The activities of the Fund related to the attainment of the goals provided by the Articles of Association of the Fund shall be carried on in the territory of Ukraine (except for temporary occupied territory of Ukraine).
Duration of Fundraising
The public fundraising will continue until the Fund discontinues its activity (including by way of liquidation), unless other term is set by the Fund's decision, whereof the Donor will be notified by placing the relevant information on the Fund's Website.
Procedure of Using Charitable Donation
The Charitable Donation will be used according to the goals determined by the statutory activity of the Fund and applicable laws of Ukraine, in particular the Law of Ukraine On Charitable Activity and Charitable Organizations. The Fund shall use the Charitable Donations according to its statutory activity and projects of the Fund.
The Fund shall be liable in such manner as provided by the applicable laws of Ukraine for any breach of the terms of this Agreement or use of Charitable Donations contrary to the procedure provided by the statutory activity of the Fund and laws of Ukraine.
Procedure of Access to Fund's Reports
The Fund shall report on the use of funds received from Donors. Other information can be provided by the Fund in such manner and in such time as provided by the laws of Ukraine.
Costs Connected with Transfer of Charitable Donations
Any costs connected with the transfer of Charitable Donations, charges for the transfer of money, taxes, dues, etc. shall be borne by the Donor. The Donor may receive gifts for the support of the Fund. Such gifts may include tangible gifts to be sent by the Fund per mail at the expense of the Beneficiary and non-intangible gifts such as "Acknowledgment (gratitude)" to be placed on the Fund's Website or sent to the Donor per e-mail.
Procedure of Access to Donor's Information
The Donor agrees that after entering information about the Donor on the Fund's Website and/or registering on the Website, its contact details may be used by the Fund to send letters and notices, including in electronic form. The Fund undertakes not to disclose contact details of the Donor to any third persons, except to the extent expressly provided by applicable laws of Ukraine.
The Donor further agrees that the information about the Donor (in particular, his/her surname, first name, patronymic) may be used by the Fund in mass media or on the Fund's Website.
By accepting the Offer, the Donor acknowledges to have read Annex 1 to this Agreement and gives consent to the collection, processing and use of personal data in such manner as provided in Annex 1 to the Agreement and applicable laws of Ukraine.
Provisions of Ukrainian laws shall apply to any relations between the Donor and the Fund.
of Making a Charitable Donation
to personal data processing
By Accepting the public offer of making a Charitable Donation placed on the Website of the CHARITABLE ORGANIZATION "CHARITY FUND "OLENA & JEREMY DE LA CRUZ" in the Internet: www.fondationolenajeremy.com according to the Law of Ukraine On Personal Data Protection of 1 June 2010 No. 2297-VI, I do hereby give consent to the CHARITABLE ORGANIZATION "CHARITY FUND "OLENA & JEREMY DE LA CRUZ" (the "Fund") to process and use my personal data according to the established procedure for the purpose of carrying out the statutory activity of the Fund, to engage persons to any activity according to the Articles of Association of the Fund and laws of Ukraine to the extent required for the attainment of the specified purpose of personal data processing.
I further agree that my personal data may be transmitted / divulged / disclosed (including for their subsequent processing and use) to third persons in connection with the implementation of competence in the field of activity between me and the Fund.
I also agree that my personal data may be accessed by third persons on their request provided that such persons assume the obligation to ensure the compliance with the requirements of the Law of Ukraine On Personal Data Protection in such manner as provided by article 16 of the Law of Ukraine On Personal Data Protection.
Should my personal data change, I undertake to furnish to the Fund as soon as practicable the adjusted information and submit pertinent original documents to enter my new personal data to the personal data bases of partners.
By accepting the public offer of making a charitable contribution as placed on the Fund's Website in the Internet: www.fondationolenajeremy.com, I acknowledge receipt of the notice of inclusion of my personal data to the personal data base for the purpose of carrying out the Fund's statutory activity, engaging persons to any activity according to the Articles of Association of the Fund and laws of Ukraine, and information on the rights as provided by the Law of Ukraine On Personal Data Protection.