Public Offer Agreement on charitable contributions
1. General provisions
1.1 The document, the provisions of which are set out below, is a public proposal (hereinafter - "Offer") of the non-profit organization "Let the kids move" to an indefinite number of individuals and legal entities of private law who voluntarily carry out charitable activities (hereinafter - “Charity provider”) to enter into an agreement to provide a charitable donation (hereinafter - the"Agreement") on the terms described in this Offer, with each Charity provider who applies.
1.2 This Offer is a proposal to enter into an agreement in accordance with Art. 641 of the Civil Code of Ukraine.
1.3 The offer comes into force from the moment of its placement on the LKM website on the Internet under the link: https://letkidsmove.org/ (further - "Site"). This Offer is open-ended and may be changed or revoked by the LKM at any time (before its acceptance by the Charity provider) by posting the relevant information on the Site.
1.4 LKM may enter into agreements on charitable contributions on other terms than provided by this Offer. The Charity provider may apply to the LKM separately to enter into such an agreement.
2. Scope of the contract
2.1 According to this Agreement, the Charity provider gratuitously and irrevocably transfers funds to the LKM as a voluntary charitable donation to support the statutory activities of the LKM, and the LKM accepts such a charitable donation and undertakes to use it for charitable activities in accordance with the legislation of Ukraine.
2.2 The transfer of funds by the Charity provider under this Agreement is recognized as a charitable donation in accordance with Art. 6 of the Law of Ukraine "On Charitable Activities and Charitable Organizations".
2.3 The Charity provider independently determines the amount of the donation. The Charity provider has the right to ask the LKM and get information about the nature and amount of necessary charitable assistance for specific purposes of the LKM, as well as the LKM charitable programs to determine the use of charitable donation before its provision.
2.4 The conclusion and execution of this Agreement does not imply making a profit by either party.
3. LKM activity
3.1 LKM carries out charitable activities in the field of education aimed at improving educational conditions in educational institutions of Ukraine
3.2 LKM does not carry out profitable activities.
3.3 Information on LKM and performance reports are available upon request.
4. Contribution and approval of the Offer
4.1 The Charity provider independently determines the amount of the charitable donation and makes it by means of:
а) making a money transfer using payment options and means posted on the Site;
б) transfer of funds to the LKM’s current bank account through banking institutions;
в) transfer of cash to LKM.
Charitable donations are indefinite, the term of their use by LKM is not limited.
4.2 In accordance with these Offers and the Agreement, charitable donations are provided by Charity providers and are used by LKM to conduct and ensure charitable activities (implementation of directions, goals of charitable activities and charitable programs) of LKM in accordance with the legislation of Ukraine. The Charity provider agrees with this purpose of his donation.
4.3 The Charity provider also has the right to determine the specific purpose of his donation within the goals and activities of the LKM by concluding a separate agreement with the Fund to provide a charitable donation or filling in the appropriate fields in the form on the Site. If the Charity provider, when making a donation, has determined its specific purpose without the prior consent of the LKM, the LKM has the right to return such a donation to the Charity provider.
4.4 Charitable donations are used by the Foundation in the order of their influx.
4.5 When making a donation for the correct identification of the payer, the Charity provider indicates 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 Charity provider.
4.6 Acceptance of the Offer is considered to be its full and unconditional acceptance by the Charity provider by the means of taking actions to transfer the LKM funds in one of the ways specified in paragraph 4.1. The offer is considered accepted, and the Agreement - concluded from the date of crediting funds to the current bank account of the LKM or their posting at the cash desk of the LKM.
4.7 Within 48 hours after crediting the funds to the current account of the LKM or their posting at the cash desk of the LKM, the Charity provider may apply to the LKM regarding the return of donations due to their erroneous transfer or other reasons. After the expiration of this period, the charitable donation is considered non-refundable and is not returned by the LKM, except in cases when such return is required by the legislation of Ukraine or otherwise provided by this Offer. If the donation was made to the account of the LKM without identification of the payer and the LKM cannot identify the Charity provider of the donation, such donation is not returned.
4.8 By accepting the Offer, the Charity provider confirms that he agrees with all the terms of the Offer, is fully aware of and agrees with the subject and terms of the Agreement.
4.9 Expenses related to making charitable donations (transfer commissions, taxes, fees, etc.) are borne by the Charity provider, if such expenses are collected from the Charity provider, and by the LKM, if such expenses are collected from the LKM. The Charity provider is aware and agrees that part of its charitable donation may be used by the LKM to cover the costs associated with making charitable donations, if such costs are charged by third parties by default and cannot be avoided (e.g. acquiring payment system commissions, banking commissions, etc.).
5. Rights and obligations of the parties
5.1 LKM undertakes to use the funds of the Charity provider’s charitable donation in accordance with the legislation of Ukraine and only within the framework of LKM’s statutory activities.
5.2 LKM has the right to independently determine the use of charitable donations in accordance with its activities and the legislation of Ukraine, except when the Charity provider has determined the specific purpose of his donation under a separate agreement with LKM. Thus, if the specific purpose of the charitable donation is not determined by the Charity provider, it is considered that the donation is made for the implementation of the statutory activities of LKM.
5.3 The Charity provider agrees that in accordance with the Law of Ukraine "On Charitable Activities and Charitable Organizations", the LKM may use part of the funds received from Charity providers to finance its administrative expenses. The amount of expenses for the maintenance of the LKM (administrative expenses of the LKM) may not exceed 20% of its budget for the current year.
5.4 The Charity provider has the right to receive information about the use of his charitable donation. To this end, the LKM provides financial reports upon request, which in particular contain information on:
а) the amount of donations received by the LKM during the reporting period;
б) LKM expenses during the reporting period. At the request of the Benefactor, the LKM may also confirm the intended use of the charitable donation with additional documents.
5.5 By making a charitable donation, the Charity provider unconditionally states:
а) his legal capacity;
б) voluntary conclusion of the transaction;
в) that the subject of the charitable donation is not prohibited, arrested, is not pledged, is not encumbered by any other rights of third parties and was not acquired in violation of the Law of Ukraine №361-IX "On prevention and counteraction to legalization of funds acquired by criminal means, terrorism financing and the financing of the proliferation of weapons of mass destruction". If the LKM has reasonable doubts about these allegations, the LKM has the right to ask, and the Charity provider undertakes to provide evidence of these allegations.
5.6 If the project is not implemented in a particular school, the LKM reserves the right to redirect the received funds to another school. If a particular school has not collected enough money for full classroom equipment, the LKM reserves the right to spend money on the purchase of several standing desks (starting with 2 per school). By agreeing to this offer, the Charity provider understands and accepts that the purpose of the funds may change within the activities of the organization, and the contribution is non-refundable.
6. Final provisions
6.1 By accepting the Offer, the Charity provider allows the LKM to process his personal data, which is disclosed by the Charity provider when making a charitable donation, in order to fulfill the terms of the Agreement. Such personal data may include: name, surname and patronymic, address, place of residence, e-mail address, telephone number and (when transferring funds to the current account of the Fund through banking institutions) bank details. Permitted types of personal data processing include their collection, registration, accumulation, storage, adaptation, modification, renewal, use and distribution (distribution, sale, transfer), depersonalization and destruction. LKM undertakes not to disclose the Charity provider's personal data to third parties without the Charity provider's permission, except in cases when such disclosure is required by state bodies or otherwise required in accordance with the legislation of Ukraine. The benefactor confirms that he was informed about the rights established by the Law of Ukraine "On Personal Data Protection". The scope of the Charity provider's rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood to him.
6.2 The Charity provider agrees that his contact information may be used by the LKM to send letters and messages, including e-mails, to the Charity provider. At the same time, the LKM undertakes not to provide information about the contact details of the Charity provider to third parties, except in cases expressly provided by the legislation of Ukraine.
6.3 The disputes between the parties to this Agreement shall be resolved through negotiations. If it is impossible to negotiate a solution, disputes are considered by courts in the manner prescribed by law.
