This public offer on making a charitable Donation (henceforth – Offer) is aimed at an unspecified circle of natural persons (henceforth – Benefactor) and is a public proposition CHARITABLE ORGANIZATION “CHARITABLE FOUNDATION “LIVING PLANET”, in the person of the Head ZAIKA MARIA OLEHIVNA, acting upon the provisions of the Statute (henceforth – Foundation), to conclude an agreement on making a charitable Donation on the terms given below:
1. Terms and definitions used in the Agreement
Public offer (and/or Offer) – is an active proposition by the Foundation published on the website: https://living-planet.org/ on making a charitable Donation aimed at an unspecified circle of natural persons.
An Acceptance – is a full and unconditional acceptance of the Offer by means of commission of actions directed at carrying out a money transfer using payment forms and means, given either on the Foundation website or by means of transferring monetary funds to the Foundation’s current account through banking facilities. An Offer is to be deemed accepted from the date of a monetary funds transfer to the Foundation’s current account.
A Charitable Donation is a gratuitous transfer of funds by the Benefactor into the ownership of the Foundation for their further use aimed at achieving the goals set by the Foundation, provided for in the Statute or the Foundation’s programs in accordance with the Law of Ukraine “On charity work and charitable organizations”, the Foundation’s Statute and the present Agreement.
A Benefactor is a legally capable person who willingly carries out one or several types of charitable activities. For the purposes of the present Agreement, a Benefactor is a natural person who accepts the Offer.
2. Subject of the Agreement
The subject of the present Agreement is gratuitous and voluntary transfer of funds by the Benefactor into the ownership of the Foundation for the enabling the Foundation’s statutory activities including (but not limited to) for providing the Foundation with charitable aid in accordance with the Law of Ukraine “On charity work and charitable organizations”, to the Foundation’s programs, etc. The Benefactor shall independently determine the amount and direction of use of the charitable Donation.
Performance of the present Agreement by the parties is not aimed at obtaining profit or benefit in any way either of the parties involved.
3. Acceptance
By accepting the Offer, the Benefactor indicates that they agree with all the terms of the Offer, understand, and agree that the Donation will be used to achieve the goals stipulated in the Foundation’s Statute, with which they can familiarize themselves by means of sending an enquiry to the e-mail address livingplanetua@gmail.com. In addition, with the Acceptance of the Offer, the Benefactor is fully aware of and agrees with the subject of the Agreement, the goals and purpose of public fundraising, and also confirms the right of the Foundation to use a part of the Charitable Donation for administrative expenses of the Foundation in an amount not greater than specified in the Law of Ukraine “On charity work 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 Articles 6 and 7 of the Law of Ukraine “On charity work and charitable organizations”. With that, the parties agree that after the Acceptance of the Offer, failure to conclude this Agreement in the form of a separate document does not entail the invalidity of this Agreement.
4. 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;
– with the Benefactor’s consent, to change the direction of use of the Charitable Donation;
– to use a part of the Charitable Donation for administrative expenses of the Foundation in an amount not greater than that stipulated by the Law of Ukraine “On charity work and charitable organizations”;
– without agreement with the Benefactor, to change the direction of use of the Donation within the scope of the Organization’s statutory activities;
The Foundation is obliged to:
– annually, in digital form, report on the use of Charitable Donations by posting relevant information on the website: https://living-planet.org/;
– to use the received Donations exclusively to achieve the goals stipulated by the Foundation’s Statute.
5. Benefactor’s rights
The benefactor has the right:
– to monitor the use of the Charitable Donation Fund for its intended purpose.
6. Place of public fundraising
Public collection of Charitable Donation funds is carried out on the territory of any country in the world. The direct activity of the Foundation, related to the achievement of the goals stipulated by the Foundation’s Statute, is carried out on the territory of Ukraine (with the exception of the temporarily occupied territories of Ukraine and areas where anti-terrorist operations are conducted).
7. Terms for the collection of funds
Public fundraising continues until the termination of the Foundation’s activities (including through termination), unless another period is determined by the Foundation’s decision, of which The Benefactor will be notified by posting relevant information on the website: https://living-planet.org/.
8. Procedure for using Charitable Donations
The use of Charitable Donations is carried out in accordance with the goals determined by the statutory activities of the Foundation and the current legislation of Ukraine, in particular the Law of Ukraine “On charity work and charitable organizations”.
The Foundation uses Charitable Donations in accordance with its statutory activities and the Foundation’s programs. Charitable Donations received by the Foundation may be returned to the Benefactor exclusively in cases stipulated by the legislation of Ukraine and this Agreement.
9. Foundation’s liability
The Foundation is responsible for the violation of the terms of this Agreement and the use of Charitable Donations contrary to the procedure provided for by the Foundation’s statutory activities and the legislation of Ukraine, in accordance with the current legislation of Ukraine.
10. Procedure for general access to the Foundation’s information
The Foundation’s financial statements are made public by posting them on the Foundation’s website: https://living-planet.org/.
Other information is disclosed by the Foundation in the manner and to the extent stipulated by the legislation of Ukraine.