This Public Offer of the "Kvyatkovskyy Family Foundation" Charitable Organization to provide a charitable donation for charitable purposes (hereinafter referred to as the Offer) is addressed to any (undefined circle) able-bodied natural person and legal entity under private law who voluntarily carry out charitable activities (hereinafter each of these persons - the Benefactor) who are visitors to the official website of the "Kvyatkovsky Family Foundation" charity organization on the Internet at the link (hereinafter - the "Site") and wish to make a charitable donation in accordance with this public offer (hereinafter - the Agreement charitable donation), together according to the text of the Offer are referred to as "Parties", and each individually as a "Party".
The text of the Offer is an official offer of the "Kvyatkovsky Family Foundation" charity organization, legal entity identification code 44445535, located at the address: Ukraine, 79007, Lviv, Danylyshyn St., bldg. 6 (hereinafter referred to as the Fund), in the person of Yevgeny Oleksandrovych Sapozhnikov, the director, acting on the basis of the Statute, to conclude a charitable donation agreement (hereinafter referred to as the "Agreement"), the essence of which is set out below.
1. Definitions and concepts
1.1. Public offer - a valid offer of the Foundation, posted on the Site, to provide a charitable donation, addressed to an unlimited number of persons, including the Benefactor.
1.2. Acceptance - full and unconditional acceptance of the Public Offer by taking actions to make a money transfer using the payment forms and means posted on the Site, as well as by transferring funds to the Fund's current account through bank institutions. The moment of Acceptance is the date of transfer of funds to the Fund's current bank account.
1.3. Charitable donation is a free transfer of funds by the Benefactor into the ownership of the Foundation for the achievement of certain, pre-arranged activity goals, in accordance with the Agreement and the Law of Ukraine "On Charitable Activities and Charitable Organizations".
2. Subject of the contract
2.1. The subject of this agreement is the free and voluntary transfer of funds from the Benefactor to the Fund, by making voluntary donations for the implementation of the statutory goals and tasks of the Fund, as well as for the provision of charitable assistance by the Fund in accordance with the Law of Ukraine "On Charitable Activities and Charitable Organizations", the programs of the Fund .
The purpose of the Foundation's creation and activity is primarily (but not limited to) currently:
- promotion of defense capability and mobilization readiness of Ukraine, protection of the population in emergency situations of peace and war;
- promoting the proper provision of the Armed Forces of Ukraine and, in particular, territorial defense;
- promotion of social protection of servicemen, participants, disabled people, war veterans and their family members;
- assistance in the protection of internally displaced persons (refugees) and other categories of the population in emergency situations of peace and war, in zones of armed conflicts and hostilities, programs for the reconstruction of civil infrastructure facilities damaged by hostilities in Ukraine.
2.2. The volume and amount of charitable donations is determined by the Benefactor at his own discretion.
2.3. The fulfillment of the terms of the Offer by the parties is not intended to obtain profit or any benefits for any of the parties.
2.4. The Parties confirm that profit-making (directly or indirectly) by the Parties is not the subject of the Offer.
2.5. The Benefactor's acceptance of this Public Offer is carried out by paying the Charitable Donation.
3. Acceptance of the Offer
3.1. Acceptance of the Offer (acceptance of the terms of the Offer) means that the Benefactor agrees with all its provisions, he is familiar with the Charter of the Organization, which is posted in electronic form on the Website of the Organization, he is fully aware of and agrees with the subject of the Agreement, with the purpose and goals of the public collection of charitable donations and with the right of the Organization to use part of the Benefactor's Charitable Donation for the Organization's administrative expenses, in an amount not greater than that provided for by the legislation of Ukraine.
3.2. Benefactor and the Foundation, guided by Art. 207, Part 2 of Art. 639, Art. 641, 642 of the Civil Code of Ukraine, agree that from the moment of Acceptance of the Offer, the Charity Donation Agreement is considered concluded.
3.3. The Parties agree that non-compliance by the Parties with the written form of the Charitable Donation Agreement does not mean its invalidity.
4. Rights and obligations of the Fund
4.1. The fund has the right to:
4.1.1. Receive Charitable Donations and use them in accordance with the terms of the Offer and the Charitable Donation Agreement.
4.1.2. To change directions of use of a charitable donation within the framework of the Foundation's statutory activities.
4.1.3. To use part of the Benefactor's donation for administrative expenses of the Foundation, without the consent of the Benefactor, in an amount not greater than that provided for by the legislation of Ukraine.
4.2. The fund is obliged to:
4.2.1. Create the necessary conditions for the Benefactor to make a Charitable Donation in accordance with the terms of the Offer.
4.2.2. To use the received charitable donations to achieve the goals stipulated by the Foundation's Charter.
4.2.3. To keep confidential information (including personal data) received from the Benefactor, not to transfer it to third parties without the consent of the Benefactor, except for cases established by the Offer and the current legislation of Ukraine.
5. Rights and obligations of the Benefactor.
5.1. The benefactor has the right:
5.1.1. Transfer a voluntary charitable donation to the Fund's account in the manner specified in the Agreement.
5.1.2. Receive from the Foundation a report on the Foundation's use of charitable donations in the form of a corresponding annual report on the website.
5.1.3. Use and distribute information about your participation in the Foundation's Charitable Activities.
5.2. The benefactor is obliged to:
5.2.1. Thoroughly and carefully familiarize yourself with all the rules and conditions of the Offer and accept them when making the payment of a charitable donation, as well as all additional rules regulating the relations of the Parties in accordance with the Offer.
5.2.2. The Benefactor warrants that: it has all corporate and/or other powers and competence to provide the Charitable Donation and enter into and fully execute this Agreement and all (if any) necessary consents, approvals and authorizations from third parties have been obtained; - the subject of the Charitable Donation belongs to him by right of ownership, the relevant funds are not borrowed, credit, third party funds, budgetary or other targeted funds that are not intended for charitable activities, are not a means of ensuring the fulfillment of obligations to any by any third parties, state bodies or the state, and are not encumbered in any other way provided for by the legislation in force in Ukraine; the subject of the Charitable Donation (relevant funds) was not obtained by him as a result of any illegal and/or prohibited by the current legislation of Ukraine. In the event that such guarantees and obligations on the part of the Benefactor are violated, he bears full responsibility for possible damage to the Foundation and its reputation caused in this way.
6. Place and terms of receipt of charitable donations
6.1. The public collection of donations is carried out on the territory of any country in the world in accordance with the procedure provided for in Art. 7 of the Law of Ukraine "On Charitable Activities and Charitable Organizations". The direct activities of the Foundation, related to the public collection of donations under the Agreement, are carried out at the location of the Foundation.
6.2. The public collection of donations continues until the moment of liquidation of the Fund, unless another term is determined by the Fund.
7. The procedure for making a charitable donation.
7.1. The Foundation provides the Benefactor with the opportunity to pay the Charitable Donation by electronic payment on the Site, by transferring funds to the Foundation's bank account (via the LiqPay payment service). The benefactor chooses the payment format at his own choice: one-time or regular (with the possibility to cancel regular payments at any time).
7.2. The payment is recognized as made by the Benefactor at the moment of confirmation of a successful transaction by the bank or payment system. All expenses related to the transfer of the donation are borne by the Benefactor.
7.3. The charitable donation paid by the Benefactor is non-refundable under any circumstances.
8. Procedure for using charitable donations:
8.1. Charitable donations collected under the Agreement are used in accordance with the goals of the Foundation's statutory activity. The Foundation disposes of Charitable donations at its own discretion in accordance with the defined goals of charitable activity. Charitable donations received by the Foundation are non-refundable. The responsibility of the parties for violation of the terms of this Agreement or the procedure for the use of Charitable Donations is provided for by the requirements of the current legislation of Ukraine.
8.2. The benefactor or persons authorized by him have the right to control the intended use of the Charitable Donation by submitting appropriate requests.
8.3. The procedure for general access to the Fund's financial reports:
Access to the Fund's reports is carried out by contacting the Fund at the email address fond.kff@gmail.com specified on the website . Other information is presented by the Fund in the manner and within the time limits stipulated by the legislation of Ukraine.
9. Liability of the Parties
9.1. In case of non-fulfillment or improper fulfillment of their obligations stipulated in the Offer, the Parties shall bear responsibility in accordance with the current legislation of Ukraine and the terms of this Offer.
9.2. The Fund is not responsible for the actions/inactions of third parties, as a result of which the Fund was unable to properly fulfill its obligations under the Offer.
10. Confidentiality and protection of personal data
10.1. The benefactor, by executing the Acceptance, confirms that he is familiar with and consents to the collection and processing of personal data.
10.2. The Foundation collects and processes the Benefactor's personal data in order to fulfill its obligations in accordance with the Offer and in accordance with the Law of Ukraine "On the Protection of Personal Data".
10.3. The Benefactor agrees that after entering information about himself during the Charitable Donation, subscribing to the Foundation's news on the Site, he may be sent reports on the results of public meetings and the use of charitable donations by the Foundation, letters and messages, including those of an advertising nature.
10.4. The Foundation undertakes not to transfer e-mail addresses and other information about benefactors to third parties, with the exception of cases stipulated by the current legislation of Ukraine.
10.5. The Foundation is not responsible for disclosure of personal data that occurred as a result of illegal actions of third parties or in the event that such disclosure occurred with the Benefactor's consent.
11. Validity of the Offer. The procedure for introducing changes and additions
11.1. The public offer becomes effective from the moment of its placement on the Site and is valid until the moment of liquidation of the Organization, unless another term is determined by the Fund. The provisions of this clause also apply to additions (changes) to the Offer.
11.2. The Foundation has the right to change the terms of the Public Offer without the Benefactor's consent. The Fund reserves the right to unilaterally change the terms of the Offer at any time, without any restrictions, by publishing a new edition of the Offer on the Site.
11.3. The benefactor is obliged to independently monitor changes to the conditions of the Offer by familiarizing himself with the current new (up-to-date) edition on the Site.
12. Dispute resolution procedure
12.1. Disputes and controversies that arise during the execution of the Charity Donation Agreement concluded on the terms of the Offer are resolved through negotiations in writing.
12.2. The claim is submitted to the Party in writing by sending a registered letter with a notice of delivery, within a period of no more than 10 (ten) calendar days from the date of the appearance of comments that are the basis for a dispute or controversy. The claim is considered within 10 (ten) calendar days, calculated from the day of its delivery to the Party to which it is addressed.
12.3. In the event that the Parties are unable to reach an agreement during negotiations in writing, the dispute that has arisen shall be considered in accordance with the procedure provided for by the current legislation of Ukraine.
12.4. On all other issues not provided for in this Offer, the Parties are governed by the current legislation of Ukraine.
13. Force majeure
13.1. The parties are released from responsibility for non-fulfillment or improper fulfillment of obligations under the terms of the Offer, if the specified non-fulfillment is the result of force majeure circumstances and their consequences, namely: fires, epidemics, floods, earthquakes or other natural disasters, war and military operations, strike (s), sabotage, accident, mass disorder and unrest, quarantine restrictions, acts of state authorities or management, international sanctions, etc., which directly affect the performance of the Agreement and arose after its conclusion. At the same time, the term of performance of obligations under this Agreement is extended for the duration of the specified circumstances and their consequences.
13.2. The Party that is unable to fulfill its obligations under the Agreement as a result of force majeure circumstances and their consequences must notify the other Party in writing within 15 days of the beginning or end of these circumstances, as well as provide documentary evidence of them occurrence and availability.
13.3. Failure to notify or untimely notification of circumstances of force majeure deprives the relevant Party of the right to refer to the specified circumstances as exempting from responsibility. Notification of the Fund about the occurrence of force majeure is possible, among others, by placing relevant information on the Site.
13.4. The existence and duration of force majeure circumstances are confirmed by certificates issued by the authorized bodies of the state authorities of Ukraine.
14. Information about the Fund:
Charitable organization "Kvyatkovskyy Family Foundation"
79007, Lviv, Danylyshyn St., bldg. 6, tel. +380661542413
EDRPOU code 44445535
UA203802810000026009000000976
at PJSC "Bank of Investments and Savings", bank code 380281,
Register of NGOs, Decision No. 2213044600015 dated February 9, 2022.
Redaction of the Offer from July 5, 2023
Published on the Site from July 6, 2023