This Public Offer for the provision of a charitable donation (hereinafter – the Offer) is an offer of the Charitable Organization “CHARITABLE FOUNDATION “DIGNITAS”, code under EDRPOU 44943914, in the person of the director Shipovych Lyubov Olehivna, which operates on the basis of the Statute (hereinafter – the “Fund”), an unspecified number of persons (individuals and legal entities), i.e. Benefactors, to enter into an Agreement on the provision of a charitable donation (hereinafter referred to as the Agreement), the essential terms of which are set forth below. Hereinafter, the Benefactor and the Fund will be referred to together as the “Parties”, and each individually as a “Party”. This Offer comes into force from the moment it is posted on the Fund’s Site at the link: https://dignitas.fund/public-offer/
1.1. Acceptance – acceptance by the Benefactor of the offer to conclude the Agreement by transferring the funds into the ownership of the Fund by the Benefactor by transferring the funds according to the details indicated on the Fund’s Site, in social networks Instagram, Facebook, Linkedin, Youtube, using the means posted on the Fund’s Site, through bank institutions.
1.2. A Benefactor – is a legal capable individual or a legal entity under private law (including a charitable organization) who voluntarily makes donations.
1.3. Charity program (project) – a set of charitable activities in the areas defined by the Fund’s Statute and the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
1.4. Charitable donation (donation) – free transfer of funds by the Benefactor to the property of the Foundation for the achievement of the goals defined by the Statute of the Foundation and the legislation of Ukraine.
1.5. Public offer – a proposal for conclusion of the Agreement posted on the Fund’s Site, which is addressed to an unspecified number of persons.
1.6. The Site – is the official web page of the Foundation, which is located at the link: https://dignitas.fund/.
1.7. Links to the official pages of the Fund in social networks:
2.1. The Benefactor freely and voluntarily transfers funds (hereinafter – the “donation”) to the property of the Fund to achieve the goals stipulated by the Statute of the Fund and the current legislation of Ukraine. The Benefactor determines the size of the donation at his own discretion.
2.2. The Fund will use the donation exclusively for the purpose of achieving the goals established in the Fund’s Statute and the legislation of Ukraine. If the Benefactor contributes money for the implementation of a specific project (program) of the Fund, the donation will be used by the Fund to achieve the goals defined by such a project. At the same time, the Benefactor confirms that he gives his consent to the fact that in case of remaining funds collected for a specific project (and the project has been completed), the Fund can independently direct such funds to the implementation of any other project of its own choice, taking into account the urgency of the implementation such a project on a certain date. Using the funds for other projects in this case will not be considered that the donation is not used for its intended purpose.
2.3. The Benefactor confirms that his transfer of funds (donations) to the Fund is a charitable donation within the meaning of Art. 6 of the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
2.4. The donation cannot be used by the Fund to achieve commercial goals or make a profit.
2.5. The Benefactor confirms that the donation is not under arrest, is not in lien, is not encumbered by the rights of third parties, and was not acquired in ways that violate the requirements of the Law of Ukraine “On Prevention and Combating the Legalization (Laundering) of Criminal Proceeds, Financing of Terrorism and financing the proliferation of weapons of mass destruction”.
2.6. The Benefactor pays on his own commissions/other payments that arise when funds are transferred to the Fund’s account.
2.7. The term for making a donation is set on the Fun’s Site in the specific project section, on the Fund’s official pages in social networks. If such a term is not established, donations will be collected by the Fund indefinitely, until the moment of liquidation of the Fund or until the moment of notification by the Fund about the completion of collection of donations on the Fund’s Site, closing of the project.
2.8. The Parties, at the Benefactor’s request, may enter into Agreement on the provision of a charitable donation on other terms and procedures than those specified in this Agreement.
2.9. An extract from the Fund’s Statute, in which the goals and directions of the Fund’s activities are defined, can be obtained by the Benefactor by contacting the Fund.
3. Acceptance of the offer
3.1. Acceptance of the offer is the donation by the Benefactor. From this moment, the Agreement is considered concluded in accordance with Art. 639, 641 and Part 2 of Art. 642 of the Civil Code of Ukraine.
3.2. By accepting this offer, the Benefactor confirms that he has read and agrees to all the terms of the Agreement, confirms that he acts voluntarily, is not under pressure and is aware of the consequences of his actions. The Benefactor has familiarized himself with the objectives of the collection and agrees that the Fund may use part of the collection for administrative expenses in an amount not exceeding the amount of such expenses established by the legislation of Ukraine.
3.3. The Parties agreed that from the moment of acceptance of the offer and donation by the Benefactor, the Agreement is considered concluded in writing. Failure to sign the Agreement in the form of a separate document will not affect its validity.
4.1. Rights of the Fund:
4.2. Obligations of the Fund:
4.3. Benefactor’s Rights:
5.1. The Fund posts information about the use of the donation on its Site, indicating information about: the amount received for a specific project or (if available) the Fund’s account (without a specific project) of funds; the amount of funds spent on the implementation of the project/spent on the requests of the beneficiaries.
5.2. The Benefactor can contact the Fund with a written request to receive more detailed information (by sending a request to the Fund’s email address – info@dignitas.fund or to the legal address – Kyiv, Holosiivska Street, building 5, apartment 59). In this case, the Fund can provide additional documents confirming that the donation was used for the purposes stipulated by the Fund’s Statute, the legislation of Ukraine, projects, information about which is posted on the Fund’s Site and pages in social networks, the Agreement. At the same time, the Fund can hide the personal data of persons contained in such documents in any way in order to comply with the requirements of the Law of Ukraine “On the Protection of Personal Data”.
6.1. For non-fulfillment or improper fulfillment of the terms of the Agreement, the Parties bear responsibility in accordance with the current legislation of Ukraine.
6.2. The Parties are not responsible in the event of circumstances beyond their control (force majeure).
6.3. The Fund is not responsible for the actions/inaction of third parties, as a result of which the Fund was unable to fulfill its obligations under the Agreement.
6.4. In case of disputes between the Parties to this Agreement, they must be resolved through negotiations. If it is impossible to resolve disputes through negotiations, disputes are considered by courts in the manner established by the current legislation of Ukraine.
7.1. By accepting the Offer, the benefactor confirms that he gives his consent to the collection and processing of personal data by the Fund.
7.2. The Fund collects and processes personal data in accordance with the requirements established by the Law of Ukraine “On the Protection of Personal Data”.
8.1. If the Benefactor receives additional information/documents under the Agreement, he must observe the confidentiality regime and not disclose such data to third parties.
9.1. The Parties agreed to be guided by the legislation of Ukraine in matters not regulated by this Agreement.
9.2. The donation can come from any country in the world.
Information about the Fund:
Full name: Charitable Organization “CHARITABLE FOUNDATION “DIGNITAS”
EDRPOU code: 4943914
Legal address: Ukraine, Kyiv, str. Holosiivska, building 5, sq. 59
E-mail address: info@dignitas.fund
The public offer is posted on the Site: 21.06.2023.
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