PUBLIC AGREEMENT (OFFER) FOR THE PROVISION OF A CHARITABLE DONATION
This Public Offer for a charitable donation (hereinafter referred to as the Offer) is addressed to an indefinite number of individuals and legal entities (hereinafter referred to as the “Donor”) who voluntarily carry out charitable activities and are visitors to the official website of the Charitable Organization Charity Fund “EDUKIDS” (hereinafter referred to as the “Website”). This Offer is an official and public offer of the Charitable Organization Charity Fund “EDUKIDS”, identification code: 37480246, (hereinafter referred to as the “Fund”) represented by the Chairman of the Board Liliia Iskorostenska, acting on the basis of the Charter, to conclude an Agreement on the provision of a Charitable Donation on the terms and conditions specified below:
1. Definition of terms.
Public Offer (and/or Offer) means a valid offer of the Fund posted on the official Website of the Fund to make a Charitable Donation aimed at an indefinite number of individuals and legal entities.
Acceptance means full and unconditional acceptance of the Offer by taking actions aimed at making a money transfer using the payment forms and means posted on the Fund’s Website or by transferring funds to the Fund’s current account through banking institutions. The offer is considered accepted from the date of crediting the funds to the current account of the Fund.
Charitable Donation means a voluntary, gratuitous transfer of funds by the Donor to the Fund for further use to achieve the goals of the Fund, as defined by the Charter, programs, projects of the Fund, etc. in accordance with the Law of Ukraine “On Charitable Activities and Charitable Organizations”, the Fund’s Charter and this Agreement.
Donor means a legally capable individual or legal entity that has accepted the Offer.
Website means the official website of the Charitable Organization Charity Fund “EDUKIDS” on the Internet at the following link: http://edukids.ua
2. Subject of the Agreement.
The subject matter of this Agreement is the voluntary and gratuitous transfer of funds from the Donor to the Fund by way of a Charitable Donation to ensure the provision of charitable assistance by the Fund in accordance with the Law of Ukraine “On Charitable Activities and Charitable Organizations”, the Charter, programs, projects of the Fund, etc.
The Donor independently determines the amount of the Charitable Donation and makes it by making a money transfer using the payment methods posted on the Website or by transferring funds to the current account of the Fund through bank institutions.
The Parties’ performance of this Agreement is not intended to generate profit or any benefits for either Party.
The Fund shall have the right to independently determine the areas of use of the Charitable Donation within the framework of the Charter, programs and projects of the Fund.
3. Acceptance.
By accepting the Offer, the Donor indicates that he or she agrees to all the terms of the Offer. The Donor fully understands and agrees with the subject matter of this Agreement, and agrees that the Charitable Donations will be used to achieve the goals and objectives of the Fund.
Тhe Parties agree that from the moment of acceptance of the Offer, this Agreement shall be concluded in writing in accordance with Articles 207, 639, 641, 642 of the Civil Code of Ukraine and Article 7 of the Law of Ukraine “On Charitable Activities and Charitable Organizations”. In doing so, the Parties agree that after the Offer is accepted, failure to conclude this Agreement in the form of a separate document shall not invalidate this Agreement.
4.Rights and obligations of the Parties.
The Fund has the right to:
– Receive Charitable Donations and use them in accordance with the subject matter and terms of this Agreement, the Charter, programs and projects of the Fund.
The Fund is obliged to:
– use the received Charitable Donations solely to achieve the goals set forth in the Charter, programs and projects of the Fund;
– keep confidential information and personal data received from the Donor.
The Donor has the right to:
– transfer a charitable donation to the Fund’s account in the manner provided for in the Agreement.
– contact the Fund to obtain information on how the Fund uses the charitable donations provided by them.
The Donor is obliged to:
– carefully read all the terms and conditions of the Offer and accept them when making a transfer to the account of the Charitable Donation Fund.
– monitor changes in the terms of the Offer by reviewing the current version on the Website.
5. Place of public collection of charitable donations
Public collection of charitable donations is carried out on the territory of any country in the world. The Fund’s direct activities related to public fundraising are carried out at the location of the Fund.
6.Term of public collection of charitable donations
The public collection of charitable donations under this Agreement will last until December 31, 2025. If an additional term is determined, the Donor will be notified by posting the relevant information on the Fund’s Website.
7. The procedure for using charitable donations
The use of Charitable Donations is carried out by the Fund in accordance with the purposes and objectives set forth in the Charter of the Fund and the current legislation of Ukraine.
The Donor agrees that in the event of non-implementation of projects or availability of balances, such donations are non-refundable and will be used by the Fund in accordance with the Charter. Charitable donations received by the Fund may be returned to the Donor only in cases provided for by the legislation of Ukraine.
The Donor shall bear all costs of payment of amounts (commissions, fees, taxes, etc.) related to the transfer and crediting of the Charitable Donation.
The Fund may publish reports on the use of Charitable Donations on its Website.
8.Validity of the Offer and the procedure for making changes and additions
This Offer comes into force from the moment it is posted on the Fund’s Website and is unlimited.
The Fund has the right to change the terms of the Offer without the consent of the Donor. The Fund reserves the right to unilaterally change the terms of the Offer at any time by publishing a new version of the Agreement on the Website.
9. Liability of the Parties
The Fund shall be liable for violation of the terms of this Agreement and the use of Charitable Donations in contravention of the procedure provided for by the statutory activities of the Fund and the current legislation of Ukraine.
The Donor shall be responsible for the accuracy of the information provided by him/her when transferring the Charitable Donation.
10. Other provisions
By providing a Charitable Donation, the Donor unconditionally states that the subject of the Charitable Donation is not pledged, is not prohibited, is not encumbered by the rights of third parties and was not acquired in violation of the current legislation of Ukraine, including the Law of Ukraine “On Prevention and Counteraction to Legalization (Laundering) of the Proceeds of Crime, Terrorist Financing and Financing of the Proliferation of Weapons of Mass Destruction”.
11.Confidentiality and the procedure for protecting personal data.
By accepting the Offer, the Benefactor confirms that he/she has read and agrees to the Privacy Policy of the Fund posted on the Website at http:// edukids.ua and Appendix No. 1 to this Agreement and agrees to the collection, processing and use of personal data in the manner and on the terms provided for by the Fund’s Privacy Policy and Appendix No. 1 to this Agreement.
The Fund undertakes not to provide information about the contact details of the Donor to third parties, except as expressly provided by the current legislation of Ukraine. In addition, the Donor agrees that information about him/her (in particular, surname, name, patronymic) may be used by the Fund in the media or on the Fund’s Website.
Information about the Fund:
Location: 5 Alla Gorska Lane, Kyiv, 01032, Ukraine
Bank details:
Name of the recipient: Charitable Organization Charity Fund “EDUKIDS”.
Recipient code: 37480246
Recipient’s account: UA443052990000026002006228490
Name of the bank: JSC CB “PRIVATBANK”
(version of the Offer dated December 02, 2024)
Appendix No. 1
to the PUBLIC AGREEMENT (OFFER)
ON PROVIDING A CHARITABLE DONATION
CONSENT-NOTICE
to the collection, processing and use of personal data
I, the Benefactor, who accepted the Public Offer on providing a charitable donation to the Charitable Organization “Charity Fund “EDUKIDS”, in accordance with the Law of Ukraine “On Protection of Personal Data”, voluntarily provide the Charitable Organization “Charity Fund “EDUKIDS”, hereinafter referred to as the “Fund”, with my consent to the collection, accumulation, storage and use of my personal data, namely: last name, first name, patronymic, passport data, registration number of the taxpayer’s registration card, photograph or other image recording, communication number, e-mail address, data on the place of residence, other data voluntarily provided by me to implement the purpose of processing, – in order to ensure the implementation of civil and economic legal relations; administrative-legal, tax relations, 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 in accordance with the Civil Code of Ukraine, the Tax Code of Ukraine, the Law of Ukraine “On Charitable Activities and Charitable Organizations”, other regulatory legal acts of Ukraine, the Charter of the Fund, other local acts of the Fund.
I confirm that I consent to the inclusion of my personal data in the database of personal data of the Fund’s counterparties and their subsequent transfer (distribution) solely for the above-mentioned purpose in accordance with the Law of Ukraine “On Personal Data Protection” and local acts of the Fund. My personal data, for the processing of which I give this consent, may be transferred to third parties only in cases provided for by the legislation of Ukraine. I do not require additional notification of the transfer (distribution) of my personal data to third parties if such transfer (distribution) occurs in my interests for the purpose of implementing the above-mentioned legal relations.
This consent-notification is valid for an indefinite period.