GENERAL TERMS AND CONDITIONS
This public offer of charity donation (hereinafter referred to as the Offer) is a proposal of the Charitable Organization “Lifestylecamper Ukraine” Charitable Foundation, legal entity identification code 44791613. Location: Ukraine, 03067, Kyiv, Peremohy Ave., building 53 (hereinafter referred to as the Foundation), represented by the General Director Yulia Anatoliyivna Shapovalova, to an indefinite circle of able-bodied individuals and legal entities of private law who voluntarily carry out charitable activities (hereinafter each of them as the Benefactor), to conclude a charitable donation agreement (hereinafter as the Agreement) on the terms described in the Offer, with each Benefactor who applies.
- Terms and definitions:
Acceptance is a full and unconditional acceptance of the Public Offer by making through the action of making a money transfer using payment forms on the Website, as well as by transferring funds to the current account through banking institutions. The moment of acceptance is the date of transfer of funds to the current account of the Fund.
Payment is a voluntary donation.
Voluntary charitable donation – a charitable money transfer to achieve the goals, objectives, directions and types of statutory activities of the Fund in accordance with the Charter, this Agreement and the Law of Ukraine “On Charitable Activities and Charitable Organizations”
- The Offer is a proposal to conclude an agreement in accordance with Art. 641 of the Civil Code of Ukraine.
- The Offer comes into force from the moment of posting on the Foundation’s website on the Internet at the link: https:// (hereinafter as the Website). The Offer is perpetual and may be modified or revoked by the Foundation at any time (prior to its acceptance by the Benefactor) by posting relevant information on the Website.
- The Foundation may conclude charitable donations agreements in a manner other than and/or under other conditions, in addition, provided by the Offer. The Benefactor may apply to the Foundation for such an Agreement.
2. SUBJECT OF THE AGREEMENT
- Pursuant to this Agreement, the Benefactor transfers funds and property to the Fund’s property free of charge and irrevocably as a voluntary charitable donation. The Foundation accepts such charitable donations and undertakes to use them for its own charitable activities in accordance with the Statute and legislation of Ukraine.
- The Benefactor’s transfer of funds under the Agreements shall be considered as a charitable donation in accordance with Art. 6 of the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
- The Benefactor determines the amount of the charitable donation. The Benefactor shall have the right to request from the Foundation and receive information about the nature and amount of charitable assistance required for specific purposes of the Fund, as well as charitable programs of the Foundation to determine the use of charitable assistance before its provision.
- The conclusion and implementation of the Agreement is not intended and does not involve the benefit of the Parties.
3. FUND ACTIVITIES
- The Foundation carries out charitable activities in the sphere of assistance to the Ukrainian people and Ukraine during the war with the Russian Federation. Assistance in restoring rights and freedoms and rehabilitation of Ukrainian citizens and their families affected by the war and the territory of Ukraine. The implementation of actions aimed at creating a happy and secure future for Ukraine and its citizens, development and support of these spheres in the public interest, as well as the implementation of other related charitable activities. Assistance to the Ukrainian people and Ukraine during the war with the Russian Federation, as well as conducts other charitable activities in accordance with its Statute.
- The activities of the Foundation are not for profit.
- The Statute of the Foundation, information about its work and reports on the results of activities are available on the Website.
4. DONATION AND ACCEPTANCE OF THE OFFER
- The Benefactor determines the amount of the charitable donation and makes it by the money transfer using payment forms and funds posted on the Website, or transferring funds to the current account of the Foundation through banking institutions, or transferring cash to the Foundation. Charitable donations are indefinite, and their term of use by the Foundation is not limited.
- In accordance with the Offers and the Agreements charitable donations are provided by Benefactors and used by the Foundation to conduct and ensure charitable activities (implemented areas, goals of charitable activities and charitable programs) of the Foundation in accordance with the Statute and legislation of Ukraine. The Benefactor agrees with the purpose of donation.
- The Benefactor also has the right to determine the specific purpose of his donation within the goals and activities and charitable programs of the Foundation by concluding a separate agreement with the Foundation on the provision of charitable donation according to the points.
1.4 and 2.3 of the Offer. If the Benefactor, when making a donation, has defined a specific purpose without prior agreement with the Foundation, the Foundation shall have the right to return such donation to the Benefactor.
- Charitable donations are used by the Foundation in the order of their receipt.
- When making a donation for the correct identification of the payer, the Benefactor shall indicate his contact information: name and surname, name of the legal entity, e-mail address and/or telephone number, other data that allows to identify the Benefactor.
- Acceptance of the Offer shall be deemed to be its full and unconditional acceptance by the Benefactor of the Charitable Endowment Fund by one of the means specified in paragraph 1 above. The offer is considered accepted and the Agreement concluded from the date of crediting the funds to the Foundation’s account or their receipt at the Fund’s Cashier’s Office is used by the Foundation in the order of their receipt.
- Within 48 hours after the funds have been credited to the current account of the Foundation or their receipt in the cashier of the Foundation, the Benefactor may apply to the Foundation for the refund of the donation funds due to their erroneous transfer or other reasons. After the expiry of this term, the charitable donation shall be considered non-refundable and shall not be returned by the Foundation, unless such return is required by the legislation of Ukraine or is otherwise provided for by this Offer. If a donation has been made to an account of the Foundation without identification of the payer and the Foundation cannot identify the Benefactor of the donation, such donation by the Foundation shall not be returned.
- The Benefactor confirms that he agrees with all the terms of the Offer. Fully understands and agrees with the object and terms of the Agreement.
- The costs of making charitable donations (transfer fees, taxes, fees, etc.) shall be borne by the Benefactor, if such expenses are charged to the Benefactor, and the Foundation, if such expenses are charged to the Foundation. The Benefactor understands and agrees that a portion of his charitable donation may be used by the Foundation to cover the costs of making charitable donations if such expenses are charged by default by third parties and cannot be avoided (for example, commissions of payment systems on acquiring, banking commissions, etc.)
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
- The Foundation undertakes to use the funds of charitable donation of the Benefactor in strict accordance with the legislation of Ukraine and only in the framework of its statutory activity.
- The Foundation has the right to independently determine the directions of use of charitable donation in accordance with its statutory activity and the legislation of Ukraine, except in cases, when the Benefactor determined the specific purpose of the donation under a separate agreement with the Foundation. Thus, if the specific purpose of the charitable donation is not determined by the Benefactor, the donation is considered to have been made to the Foundation’s authorized activity.
- The Benefactor agrees that in accordance with the Law of Ukraine ”On Charitable activity and Charitable Organizations” the Foundation may use a part of the funds received from the Benefactors to finance its administrative expenses. The cost of maintaining the Foundation (administrative expenses of the Foundation) may not exceed 20% of its estimates for the current year.
- The Benefactor has the right to be informed about the use of his charitable donation. To this end, the Fund publishes monthly financial reports on the Website, including information on donations received by the Foundation during the reporting period and the Foundation’s expenditures during the reporting period. Upon request of the Benefactor, the Foundation can also confirm the purposeful use of charitable donation with additional documents.
- By providing a charitable donation, the Benefactor unconditionally affirms his legal capacity, the voluntary nature of the transaction, that the object of the charitable donation is not prohibited, arrested, not in pledge, is not burdened with any other rights of third parties and was not acquired in violation of the norms of the Law of Ukraine №361-IX «On prevention and counteraction of legalization (laundering) of proceeds of crime, financing of terrorism and financing of proliferation of weapons of mass destruction».
If the Foundation has reasonable doubts about these allegations, the Foundation has the right to ask and the Benefactor undertakes to provide relevant supporting evidence of these allegations.
6. FINAL PROVISIONS
- The Benefactor gives the Foundation consent to the processing of his personal data disclosed by the Benefactor in making a charitable donation in order to fulfill the terms of the Agreement by accepting the Offer. Such personal data may include: name, surname and patronymic, address, place of residence, e-mail address, telephone number (when transferring money to the current account of the Foundation through the institutions of banks) bank details. The permitted types of processing of personal data include collection, recording, stockpiling, storage, adaptation, modification, updating, use and dissemination (dissemination, implementation, transmission), depersonalization and destruction. The Foundation undertakes not to disclose the personal data of the Benefactor to third parties without the permission of the Benefactor, except in cases when such disclosure is required by state authorities or otherwise required by the legislation of Ukraine.
- The Benefactor confirms that he has been notified of the rights established by the Law of Ukraine «On the protection of personal data». The scope of the Benefactor’s rights as a subject of personal data in accordance with the Law of Ukraine «On the Protection of Personal Data» he knows and understands.
- The Benefactor agrees that his contact information can be used by the Foundation to send letters and messages to the Benefactor, including e-mails. In this case, the Foundation undertakes not to provide information about the contact data of the Benefactor to third parties, except in cases directly stipulated by the legislation of Ukraine.
- In case of disputes between the parties to this Agreement, they must be resolved through negotiations. If a negotiated solution is not possible, disputes are considered by courts in the manner prescribed by law.
CHARITABLE FOUNDATION “Lifestylecamper Ukraine”
Address: 03067, Kyiv, Peremohy Ave., bldg. 53
USREOU code: 44791613
Non-profit organization in accordance with the decision № 2226574600029 from 31.03.2022
Main Department of the State Tax Service in Lviv Region
Bank: VINNITSA BRANCH OF PRIVATE BANK CB
General Director: Shapovalova Y.A.