Public offer
on the provision of a voluntary charitable donation (free transfer of property, funds) for general (charitable) purposes. This offer is addressed to an undefined circle of individuals and legal entities (hereinafter referred to as the "Benefactor") - visitors to the website of the CHARITY ORGANIZATION "CHARITY FUND "TMS - FIGHT FOR UKRAINE", on the Internet: https://www.tmsleague.net (hereinafter - the Site), and is an official and public offer of the CHARITY ORGANIZATION "TMS CHARITY FOUNDATION - FIGHT FOR UKRAINE", EDRPOU 44795644 (hereinafter - the Organization), in the person of the Director Serhiy Pohosyan, acting on the basis of the Statute, to conclude a contract on a charitable donation (hereinafter - the Contract), the subject and essential conditions of which are indicated below:
1. Terms and definitions: Public Offer - a valid offer of the Organization, posted on the Site, to provide a charitable donation, addressed to an unlimited number of persons, including the Benefactor. Acceptance - full and unconditional acceptance of the Public Offer by taking actions to make a money transfer using payment forms and means posted on the Site, as well as by transferring funds to the Organization's current account through bank institutions. The moment of Acceptance is the date of money transfer and/or crediting of funds to the Organization's bank account. Charitable donation - voluntary monetary transfer by the Benefactor to achieve and implement the goals, objectives, directions and types of statutory activities of the Organization in accordance with the Agreement, the Organization's Statute and the Law of Ukraine "On Charitable Activities and Charitable Organizations".
2. Subject of the contract: The subject of this contract is the free transfer of funds by the Benefactor into the ownership of the Organization, by making voluntary donations for the implementation of the statutory activities of the Organization. The charitable donation is voluntary and is not subject to further return to the Benefactor. The Benefactor independently determines the amount of the charitable donation. If desired, the Benefactor can specify the purpose of the charitable donation, choosing among the programs (projects), goals announced by the Organization.
3. Ways of making a charitable donation: one-time payment; subscription, which provides for monthly/annual payments in an arbitrary or fixed amount. This subscription can be canceled at any time through the LiqPay and WayForPay services.
4. Acceptance of the Offer means that the Benefactor agrees with all its provisions and is fully aware of and agrees with the subject of the Agreement, for the purpose of public collection of donations and with the right of the Organization to use part of the Benefactor's charitable donation for the administrative expenses of the Organization, in an amount not greater than that provided for by the legislation of Ukraine.
5. Benefactor and the Organization, 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, the Agreement is considered concluded in writing. At the same time, the Parties agree that the parties' failure to comply with the written form of the transaction does not mean its invalidity.
6. Rights and obligations of the Organization:
6.1. The Organization has the right to: receive charitable donations and use them to achieve the Organization's goals, objectives, directions and types of statutory activity in accordance with the Agreement, the Organization's Statute and the Law of Ukraine "On Charitable Activities and Charitable Organizations"; without agreement with the Benefactor, to change the direction of use of the donation within Statutory activities of the Organization; without agreement with the Benefactor, to use part of the Charity donation for administrative expenses of the Organization, in an amount not greater than that provided for by the legislation of Ukraine.
6.2. The organization is obliged to: use the received charitable donations in accordance with the subject matter and conditions of this Agreement, the Organization's Statute and the Law of Ukraine "On Charitable Activities and Charitable Organizations"; to report on the use of charitable donations in accordance with the procedure specified by this Agreement and the current legislation of Ukraine.
7. The benefactor has the right to control the intended use of the charitable donation.
8. Place of public collection of funds: Public collection of charitable donations is held on the territory of any country in the world. The direct activity of the Organization related to the public collection of donations under the Agreement is carried out at the location of the Organization.
9. Fund collection period: The public collection of charitable donations continues until the moment of liquidation of the Organization, unless another period is determined by the Organization.
10. Purpose of collection and procedure for using charitable donations: The main expenses of the psychological rehabilitation fund are the maintenance of centers and employees. The use of funds to achieve the goals, objectives, directions and types of statutory activities of the Organization.
11. The procedure for general access to the financial reports of the Organization: Access to reports on the use of charitable donations of the Organization is granted to the Benefactor upon his written application. Other information is provided by the Organization in the manner and within the time limits stipulated by the current legislation of Ukraine. The organization may publish reports on the use of charitable donations on the Site.
12. All expenses for the payment of sums (commissions) related to the transfer and crediting of charitable donations shall be borne by the Benefactor.
13. The benefactor is responsible for the accuracy of the information provided by him when transferring a voluntary charitable donation.
14. In order to comply with the Law of Ukraine "On the Protection of Personal Data" and to fulfill the terms of the Agreement, the Benefactor consents to the processing of personal data. The organization undertakes not to transfer the e-mail address and other information about benefactors to third parties, except in the cases stipulated by the current legislation of Ukraine.
15. Acceptance also means that the Benefactor, a natural person, is notified and agrees to the following: The Benefactor gives the Organization unconditional consent to the processing of his/her personal data provided when visiting the Site and/or making a money transfer (hereinafter - personal data), and informed about the inclusion of such information in the Organization's personal data base and about all the rights regarding the protection of his/her personal data provided for by the current legislation of Ukraine, namely Art. 8 of the Law of Ukraine "On Protection of Personal Data"; the Organization processes personal data in any way for the purpose of proper implementation of this Agreement and its statutory activities.
16. До відносин між Благодійником і Організацією застосовуються положення українського законодавства.