Public offer
on the provision of voluntary charitable donation (free transfer of property, funds) for general (charitable) purposes)
This offer is addressed to an indefinite circle of individuals and legal entities — visitors to the website of the Charitable Organization “Charitable Foundation “Wave 91 UA”, on the Internet: https://www.wave91ua.com/ (hereinafter referred to as the Site), and is an official and public offer of the Charitable Organization “Charitable Foundation “Wave” 91 UA”, EDRPOU code 44687338 (hereinafter referred to as the Organization), acting on the basis of the Charter, to conclude an agreement on charitable donation (hereinafter referred to as the Agreement), the subject and essential conditions of which are indicated below:
1. Terms and definitions:
Public Offer is a valid proposal of the Organization, posted on the Website, to make 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 current account of the Organization through bank institutions. The moment of Acceptance is the date of the money transfer and/or the transfer of funds to the bank account of the Organization.
Charitable donation — the Philanthropist makes a voluntary money transfer to achieve and realize the goals, objectives, directions, and types of statutory activities of the Organization in accordance with the Agreement, the Charter of the Organization and the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
2. Subject of the contract:
The subject of this agreement is the free transfer by the Benefactor of funds into the ownership of the Organization, by making voluntary donations for the implementation of the authorized activities of the Organization.
The charitable donation is voluntary and is not subject to further return to the Benefactor.
The benefactor independently determines the size of the charitable donation.
If desired, the Benefactor may specify the purpose of the charitable donation, choosing among the programs (projects), the objectives declared by the Organization.
3. Ways to make a charitable donation:
one-time payment;
subscription, which provides for monthly/annual payments in an arbitrary or fixed amount. The specified subscription can be canceled at any time through LiqPay and WayforPay services.
4. Acceptance of the Offer means that the Benefactor agrees with all its provisions and fully understands and agrees with the subject matter 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 administrative expenses of the Organization, in an amount not greater than provided by law the Republic of Ukraine.
5. Benefactor and Organization, guided by art. 207, part 2 of article 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 failure of the parties to 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 goals, objectives, directions and types of statutory activities of the Organization in accordance with the Agreement, the Charter of the Organization and the Law of Ukraine “On Charitable Activities and Charitable Organizations”;
change the directions of use of the donation within the framework of the Statutory activities of the Organization without the consent of the Benefactor;
without agreement with the Benefactor, use part of the Charitable 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 and conditions of this Agreement, the Charter of the Organization and the Law of Ukraine “On Charitable Activities and Charitable Organizations”;
report on the use of charitable donations in the manner prescribed by this Agreement and the current legislation of Ukraine.
7. The benefactor has the right to exercise control over the targeted use of the charitable donation.
8. Place of public fund-raising:
Public collection of charitable donations is carried out on the territory of any of the countries of the world. The direct activities of the Organization relating to the public collection of donations under the Agreement shall be carried out at the location of the Organization.
9. Deadline for fundraising:
Public collection of charitable donations continues until the liquidation of the Organization, unless another term is determined by the Organization.
10. Purpose of collection and procedure for the use of charitable donations:
The organization collects funds to support the Ukrainian people by financing various types of humanitarian assistance for the population and assistance to the military in order to preserve life and ensure the protection of the territory of Ukraine, as well as further reconstruction of the state infrastructure.
The use of charitable donations collected under the Agreement is made through the purchase and supply of various types of humanitarian assistance directly to people or organizations affected by the war in Ukraine, as well as the purchase of ammunition and other equipment for the defenders of Ukraine.
11. The procedure for public access to the financial statements of the Organization:
Access to reports on the use of charitable donations of the Organization is provided 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 amounts (commissions) associated with the transfer and crediting of charitable donations are borne by the Benefactor.
13. The benefactor is responsible for the accuracy of the information specified by him when transferring a voluntary charitable donation.
14. In order to comply with the Law of Ukraine “On Protection of Personal Data” and to comply with the terms of the Agreement, the Philanthropist gives consent to the processing of personal data. The organization undertakes not to transfer the e-mail address and other information about the benefactors to third parties, except in cases stipulated by the current legislation of Ukraine.
15. Acceptance also means that the Benefactor is a natural person notified (a) and agrees (a) with the following:
The Benefactor grants the Organization unconditional consent to the processing of his (her) personal data provided when visiting the Site and/or making a money transfer (hereinafter referred to as personal data), and is notified of the inclusion of such information in the database of personal data of the Organization and of all rights to protect his (her) personal data provided for by the current legislation of Ukraine; and it is art. 8 of the Law of Ukraine “On the Protection of Personal Data”;
The Organization processes personal data by any means for the proper implementation of this Agreement and its statutory activities.
16. The relations between the Benefactor and the Organization shall be governed by the provisions of Ukrainian legislation.