This Public Offer for providing a charitable donation (hereinafter referred to as the "Offer") is addressed to an indefinite number of individuals (hereinafter referred to as the "Donor") and serves as a public proposal by the Charitable Organization “CHARITABLE FOUNDATION ‘INCLUSIVE FOUNDATION ‘LIGHT IN YOU’” (hereinafter referred to as the "Foundation") to conclude an agreement regarding the provision of a charitable donation under the terms specified below:
1. Definitions Used in the Agreement
Public Offer – a valid proposal by the Foundation, published on the website: https://lightinyou.org.ua, to provide a charitable donation, addressed to an indefinite number of individuals.
Acceptance – full and unconditional acceptance of the Offer through actions aimed at making a monetary transfer via payment forms and tools, as published on the website, or by transferring funds to the Foundation's current account through banking institutions. The Offer is deemed accepted as of the date the funds are credited to the Foundation's current account.
Charitable Donation – the gratuitous transfer of funds by the Donor to the ownership of the Foundation to achieve certain objectives of charitable activities as defined by the Foundation’s Charter and/or charitable programs, in accordance with the Law of Ukraine "On Charitable Activities and Charitable Organizations" and this Agreement.
Donor – a legally competent individual who voluntarily engages in one or more types of charitable activities. For the purposes of this Agreement, a Donor is an individual or legal entity that accepts the Offer.
Beneficiary – the recipient of charitable assistance, who receives aid from the Foundation to achieve the objectives defined by the Law of Ukraine "On Charitable Activities and Charitable Organizations" and the Foundation’s Charter
2. Subject of the Agreement
The subject of this Agreement is the free and voluntary transfer of funds by the Benefactor to the ownership of the Fund by making 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, charitable programs of the Fund, etc. Except for cases where the Benefactor makes a charitable donation for predetermined purposes (for a specific charitable project), the Fund independently determines the volume and directions of use of the charitable donation in accordance with its statutory activities and the Foundation's programs.
In the event that the Benefactor makes a charitable donation for predetermined purposes (within the framework of a specific charitable project implemented by the Fund), the Fund uses such donation for such purposes (a specific charitable project), independently determining the procedure and directions of use of the charitable donation within the framework of such a charitable project.
The execution by the parties of this Agreement is not intended to obtain profit or any benefits for any of the parties.
3. Goals and areas of charitable activity
The goals and areas of charitable activity of the Foundation are defined by the Law of Ukraine "On Charitable Activities and Charitable Organizations", the Law of Ukraine "On Humanitarian Assistance", the Charter and charitable programs of the Foundation.
4. Acceptance
By accepting the Offer, the Benefactor indicates that he agrees with all the terms of the Offer, which he has read on the website https://lightinyou.org.ua. In addition, by accepting the Offer, the Benefactor fully understands and agrees with the subject of this Agreement, the goals of public fundraising, and also confirms the right of the Foundation to use part of the Charitable Donation for the administrative expenses of the Foundation in an amount not exceeding that specified in the Law of Ukraine "On Charitable Activities and Charitable Organizations".
The Parties agree that from the moment of acceptance of the Offer, this Agreement is concluded in writing in accordance with Articles 207, 639, 641 and 642 of the Civil Code of Ukraine and Article 7 of the Law of Ukraine “On Charitable Activities and Charitable Organizations”. The Parties agree that after acceptance, failure to sign this Agreement as a separate document does not entail the invalidity of this Agreement.
5. Rights and obligations of the Foundation
The Foundation has the right: to receive Charitable Donations and use them in accordance with the subject and terms of this Agreement and its statutory activities; to use part of the Charitable Donation for the administrative expenses of the Foundation in an amount not exceeding that provided for by the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
The Foundation is obliged to: report on the use of Charitable Donations by posting relevant information on the website: https://lightinyou.org.ua. in the event that Charitable Donations are used for purposes other than their intended purpose or in violation of the terms of this Agreement, return the funds in the amount that was used for purposes other than their intended purpose to the Benefactor upon his written request.
6. Rights of the Benefactor
The Benefactor has the right: to exercise control over the use by the Foundation of the Charitable Donation for purposes other than its intended purpose; to demand in writing that the Foundation return the Charitable Donation in the event that the facts of its use by the Foundation for purposes other than its intended purpose are revealed.
7. Location of public fundraising
Public fundraising of Charitable Donations is carried out in any country in the world. The direct activities of the Foundation, related to public fundraising, are carried out at the location of the Foundation. The main source of donations is the Foundation's bank account.
8. Fundraising Period
Public fundraising of Charitable Donations is carried out in any country in the world. The direct activities of the Foundation, related to public fundraising, are carried out at the location of the Foundation. The main source of donations is the Foundation's bank account.
9. Procedure for the Use of Charitable Donations
The use of charitable donations is carried out to ensure the achievement of the goals defined by the Foundation's statutory activities and the current legislation of Ukraine, in particular the Law of Ukraine "On Charitable Activities and Charitable Organizations".
The Foundation uses charitable donations in accordance with its statutory activities and the Foundation's programs.
In the event that the Benefactor makes a charitable donation for the purposes stipulated in advance by him (within the framework of a specific charitable project implemented by the Foundation), the Foundation uses such a donation for such purposes (a specific charitable project), independently determining the procedure and directions for using the charitable donation within the framework of such a charitable project.
Charitable Donations received by the Foundation may be returned to the Benefactor only in cases provided for by the legislation of Ukraine and this Agreement.
10. Responsibility of the Foundation
The Foundation is responsible for violation of the terms of this Agreement and the use of Charitable Donations contrary to the procedure provided for by the statutory activities of the Foundation and the legislation of Ukraine, in accordance with the current legislation of Ukraine.
11. Expenses associated with the transfer of Charitable Donations (commissions for the transfer of funds, etc.) are borne by the Benefactor
By accepting the Offer, the Benefactor confirms that he is familiar with the terms and gives his consent to the collection, processing and use of personal data in the manner provided for by this Agreement.
12. The Benefactor agrees that after entering information about himself
on the website https://lightinyou.org.ua and transferring funds, his contact information may be used by the Foundation to send letters and messages, including in electronic form. At the same time, the Foundation undertakes not to provide information about the Benefactor's contact details to third parties, except for cases expressly provided for by the legislation of Ukraine. In addition, the Benefactor gives his consent that information about him (in particular, last name, first name, patronymic) may be used by the Foundation in the media or on the Foundation's website: https://lightinyou.org.ua.
13. Changes to the terms of the Public Offer
The Foundation has the right to introduce changes to this Public Offer. All changes will be published on the website https://lightinyou.org.ua and shall enter into force from the moment of their publication.
When changes to the terms of the Public Offer come into force, the Benefactor's consent is not required.
14. Other provisions
The competent court in the event of disputes between the Foundation and the Benefactor will be the competent court at the location of the Foundation.