Public offer for the provision of a charitable donation
1. General provisions
1.1. This public offer for the provision of a charitable donation (the «Offer») is a proposal by the Charitable Organisation «UA Mental Help Charitable Foundation», legal entity identification code 44794719, located at: Ukraine, 04119, Kyiv, Yuriy Illienko St., 36 (the «Foundation»), represented by its Director Olha Yuriivna Yudina, addressed to an indefinite number of legally capable natural persons and private-law legal entities who voluntarily carry out charitable activity (each — a «Donor»), to enter into a charitable donation agreement (the «Agreement») on the terms set out in this Offer with each Donor who responds.
1.2. This Offer is a proposal to conclude a contract under Article 641 of the Civil Code of Ukraine.
1.3. This Offer enters into force from the moment it is published on the Foundation's website at http://uamentalhelp.org (the «Website»). The Offer is open-ended and may be amended or withdrawn by the Foundation at any time (prior to its acceptance by a Donor) by posting the relevant information on the Website.
1.4. The Foundation may conclude charitable donation agreements in a different manner and/or on different terms than provided by this Offer. A Donor may contact the Foundation separately to enter into such an agreement.
2. Subject of the Agreement
2.1. Under this Agreement the Donor gratuitously and irrevocably transfers, as a voluntary charitable donation, monetary funds into the ownership of the Foundation to support its statutory activities, and the Foundation accepts such donation and undertakes to use it to carry out its own charitable activity in accordance with its Statute and the legislation of Ukraine.
2.2. The transfer of funds by the Donor under this Agreement is recognised as a charitable donation under Article 6 of the Law of Ukraine «On Charitable Activity and Charitable Organisations».
2.3. The Donor independently determines the amount of the charitable donation. The Donor is entitled to request and receive information from the Foundation about the nature and scope of the charitable aid required for specific Foundation activities and programmes, in order to determine how the donation will be used before making it.
2.4. The conclusion and performance of this Agreement is not aimed at and does not entail any profit for either party.
3. Activities of the Foundation
3.1. The Foundation carries out charitable activity in the field of mental and psychological health, providing charitable aid to people in difficult life circumstances and to their families, and conducts other types of charitable activity in accordance with its Statute.
3.2. The Foundation's activities are not aimed at making a profit.
3.3. The Foundation's Statute, information about its work and reports on the results of its activities are published on the Website.
4. Making a donation and accepting the Offer
4.1. The Donor independently determines the amount of the charitable donation and makes it (i) by money transfer using the payment forms and tools placed on the Website, or (ii) by transferring funds to the Foundation's current account through banking institutions, or (iii) by handing cash to the Foundation. Charitable donations have no time limit, and the period of their use by the Foundation is not restricted.
4.2. Under this Offer and the Agreement, charitable donations are made by Donors and used by the Foundation to carry out and support its charitable activity (implementation of directions, goals of charitable activity and charitable programmes) in accordance with the Statute and the legislation of Ukraine. The Donor agrees with such intended use of the donation.
4.3. The Donor is also entitled to define a specific purpose for the donation within the goals, directions and programmes of the Foundation by entering into a separate charitable donation agreement with the Foundation in accordance with paragraphs 1.4 and 2.3 of this Offer. If, when making a donation, the Donor designates a specific purpose without prior agreement with the Foundation, the Foundation may return such donation to the Donor.
4.4. Donations are used by the Foundation in the order in which they are received.
4.5. When making a donation, in order to correctly identify the payer, the Donor provides their contact information: name and surname, name of legal entity, email address and/or phone number, and other data allowing identification of the Donor.
4.6. Acceptance of the Offer means its full and unconditional acceptance by the Donor through actions transferring the donation funds to the Foundation by one of the means listed in paragraph 4.1 above. The Offer is deemed accepted and the Agreement concluded from the date the funds are credited to the Foundation's current account or received in its cash desk.
4.7. Within 48 hours after the funds are credited to the Foundation's current account or received in its cash desk, the Donor may contact the Foundation to request a refund of the donation due to erroneous transfer or other reasons. After this period the donation is deemed irrevocable and is not refunded by the Foundation, except where such refund is required by Ukrainian law or otherwise provided by this Offer. If a donation has been made to the Foundation's account without payer identification and the Foundation cannot identify the Donor, such donation is not refunded.
4.8. By accepting the Offer the Donor confirms that they agree with all its terms and fully understand and accept the subject and conditions of the Agreement.
4.9. Costs related to making the donation (transfer fees, taxes, charges, etc.) are borne by the Donor, if charged to the Donor, and by the Foundation, if charged to the Foundation. The Donor understands and agrees that part of the donation may be used by the Foundation to cover costs related to processing donations where such costs are charged by third parties by default and cannot be avoided (for example, payment system acquiring fees, bank charges, etc.).
5. Rights and obligations of the parties
5.1. The Foundation undertakes to use the donation funds in strict compliance with the legislation of Ukraine and only within its statutory activity.
5.2. The Foundation may independently determine the directions of use of a donation in accordance with its statutory activity and Ukrainian law, except where the Donor has defined a specific purpose under a separate agreement with the Foundation. Therefore, if the Donor has not specified a particular purpose, the donation is deemed made for the Foundation's statutory activity.
5.3. The Donor agrees that, in accordance with the Law of Ukraine «On Charitable Activity and Charitable Organisations», the Foundation may use part of the funds received from Donors to finance its administrative expenses. The amount of the Foundation's maintenance costs (administrative expenses) may not exceed 20% of its annual budget for the current year.
5.4. The Donor is entitled to receive information on the use of their donation. To this end the Foundation publishes annual financial reports on the Website, which contain, among other things, information on (i) the amount of donations received during the reporting period and (ii) the Foundation's expenses during that period. At the Donor's request the Foundation may also confirm the targeted use of the donation by additional documents.
5.5. By making a donation the Donor unconditionally affirms (i) their legal capacity, (ii) the voluntary nature of the transaction, (iii) that the donated property is not under prohibition, attachment, pledge, or otherwise encumbered by third-party rights and was not acquired in violation of Law of Ukraine No. 361-IX «On Prevention and Counteraction to Legalisation (Laundering) of Proceeds Obtained Through Crime, Financing of Terrorism and Financing of Proliferation of Weapons of Mass Destruction». If the Foundation has reasonable doubts regarding these statements, it may request — and the Donor undertakes to provide — appropriate supporting evidence.
6. Final provisions
6.1. By accepting the Offer the Donor consents to the processing by the Foundation of their personal data disclosed when making the donation, for the purpose of performing the Agreement. Such personal data may include: name, surname and patronymic, address, place of residence, email address, phone number and (when funds are transferred to the Foundation's account through a bank) bank details. Permitted processing operations include collection, registration, accumulation, storage, adaptation, modification, renewal, use and dissemination (distribution, sale, transfer), depersonalisation and destruction. The Foundation undertakes not to disclose the Donor's personal data to third parties without the Donor's consent, except where such disclosure is required by state authorities or otherwise required under Ukrainian law. The Donor confirms that they have been informed of the rights established by the Law of Ukraine «On the Protection of Personal Data» and that the scope of those rights is known and understood.
6.2. The Donor agrees that their contact information may be used by the Foundation to send them letters and messages, including electronic ones. The Foundation undertakes not to provide the Donor's contact data to third parties except where directly required by Ukrainian law.
6.3. Disputes between the parties to this Agreement shall be resolved through negotiations. Where settlement by negotiation is not possible, disputes shall be considered by courts in the manner prescribed by law.
Details
Charitable Organisation «UA Mental Help Charitable Foundation»
EDRPOU code: 44794719
Address: 04119, Kyiv, Yuriy Illienko St., 36
Account: UA813052990000026001040124023 at JSC CB «PRIVATBANK»
Phone: +38 044 334 3107
Email: support@uamentalhelp.org
Director: O. Yu. Yudina