Благодійна організація Благодійний фонд «ТЕТА»

Public Offer

Regarding the Provision of a Voluntary Charitable Donation

1. GENERAL PROVISIONS

1.1. This public offer regarding the provision of a voluntary charitable donation (hereinafter – the Offer) is an offer made by the Charity Foundation «Foundation «THETA», identification code 45623652, represented by the Fund’s Director, Maksym Viktorovych Mankovskyi, acting on the basis of the Statute, to an indefinite number of individuals and legal entities under private law (who have the relevant rights and legal capacity), who voluntarily engage in charitable activities/donations (hereinafter referred to as the Donor), to enter into an agreement for the provision of a charitable donation (hereinafter – the Agreement) under the terms defined in this Offer (in accordance with Article 641 of the Civil Code of Ukraine).

1.2. This Offer becomes effective upon its publication on the Fund's website at the following Internet link: https://www.foundationtheta.com.ua/ (the Website).

1.3. The Offer is indefinite. The Offer may be amended or revoked by the Fund at any time by posting the relevant information on the Website. The Donor's acceptance corresponds to the Offer as posted on the Website.

1.4. In addition to the public offer, the Fund may enter into other agreements regarding the provision of charitable donations, etc., with additional or different terms. The Donor may contact the Fund to enter into such an agreement.

1.5. The Fund carries out charitable activities in accordance with its Statute. The Fund's activities are not aimed at making a profit.

1.6. Information about the Fund's activities and reports on the results of such activities are posted on the Website.

2. SUBJECT OF THE AGREEMENT (OFFER)

2.1. The subject of this Agreement is the voluntary and gratuitous transfer by the Donor to the ownership of the Fund and/or to the relevant accounts in financial institutions of a charitable donation (collection and provision of donations), including the placement and collection of donations for collection in the respective "banks" in such financial institutions by making a charitable donation for the Fund's statutory activities.

2.2. The transfer of funds by the Donor under this Agreement is recognized as a charitable donation (in accordance with Article 6 of the Law of Ukraine "On Charitable Activities and Charitable Organizations").

2.3. The subject of this Agreement does not involve the direct or indirect generation of profit by either party to the Agreement.

2.4. The Fund independently determines the directions for the use of the charitable donation within the framework of its statutory activities. The Donor may specify the intended purpose of the charitable donation by choosing from specific projects announced by the Fund (fundraising campaigns, "banks" in financial institutions, etc.).

3. MAKING A CHARITABLE DONATION (DONATIONS)

3.1. The Donor independently determines the amount of the charitable donation.

3.2. The charitable donation is voluntary and is non-refundable to the Donor once made.

3.3. The Donor agrees and confirms that the intended purpose of the donation is to conduct and ensure the Fund’s charitable activities (implementation of fundraising campaigns, directions, goals, charitable activities, and projects) in accordance with the Statute and the legislation of Ukraine.

3.4. The Donor independently chooses the method of making the charitable donation in the form of:
3.4.1. a one-time payment,
3.4.2. a subscription (monthly/annual payments). Such a subscription may be canceled at any time at the Donor's initiative through the relevant services of the financial institution (e.g., Privat24, Apple Pay, Google Play, etc.).

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Fund uses the Donor's charitable donation exclusively in strict compliance with the legislation of Ukraine and in accordance with the regulated statutory activities of the Fund.

4.2. The Fund, in accordance with the legislation of Ukraine and its statutory activities, has the right to independently determine the directions for the use of the charitable donation. If the specific purpose of the charitable donation is not specified by the Donor, the donation is considered to be made for the Fund's statutory activities.

4.3. The Fund conducts transparent and legally regulated activities and has the right to post information/reports on the Website, including details of the amounts of donations received by the Fund during the reporting period, information regarding the Fund's expenditures, etc. Access to information/reports on the use of charitable donations is provided by the Fund in the manner and within the timeframes specified by the legislation of Ukraine.

4.4. The Donor making the donation affirms and guarantees:
1) their legal capacity and ability to act;
2) the unquestionable voluntary nature of the donation and, accordingly, the conclusion of the transaction;
3) the subject of the charitable donation is not subject to prohibition, encumbrance, arrest, not pledged, not burdened with any other rights of any other persons, and was not acquired in violation of the provisions of the Law of Ukraine "On Prevention and Counteraction to the Legalization (Laundering) of Proceeds from Crime, Financing of Terrorism, and the Proliferation of Weapons of Mass Destruction." In case the Fund has reasonable doubts regarding these assertions by the Donor, the Fund has the right to request, and the Donor is obligated to provide, evidence to support their claims.

5. ACCEPTANCE OF THE OFFER

5.1. Acceptance of the offer – the full and unconditional acceptance of this public offer by taking the appropriate actions to make a monetary transfer (donation) through the payment systems (forms and methods) provided on the Website, as well as by transferring funds to the Fund’s account through financial institutions (banks).

5.2. The moment of acceptance is the date of crediting the funds (donation) to the bank account, "bank" in the financial institution, etc., as handled by the Fund.

5.2. Acceptance of the Offer means that the Donor agrees to all its provisions and understands the terms of the offer and the Agreement, including the purpose of public fundraising and the Fund’s right to use part of the Donor’s charitable donation for the Fund's administrative expenses, in an amount not exceeding the limit established by the legislation of Ukraine.

5.3. The Donor and the Fund affirm and agree that from the moment of Acceptance, the Agreement is considered concluded (Articles 639, 641, 642 of the Civil Code of Ukraine). The Donor understands that the execution of the transaction does not require the parties to formalize or sign a written document.

5.4. The Fund processes the Donor’s personal data provided during the visit to the Website and/or the monetary transfer (donation). The Donor has the opportunity to review and is familiar with the information regarding the processing of personal data by the Fund, which is outlined in the Privacy Policy.

6. FINAL PROVISIONS

6.1. All relations between the Fund and the Donor are governed by the provisions of the legislation of Ukraine.

6.2. The Fund’s liability for breaching this Agreement or the procedure for using charitable donations arises on the grounds, in the amount, and in the manner established by the legislation of Ukraine.

6.3. In case of disputes between the parties to this Agreement, they must be resolved through negotiations. If the disputes cannot be resolved through negotiations, they shall be settled in court in accordance with the legislation of Ukraine.

Charity Foundation «Foundation «THETA»

Public Offer

Privacy Policy

Contact information:

fundtheta@gmail.com

+380978364002

Postal address:

Esplanadna St. 20, office 501, Kyiv, 01001

Esplanadna St. 20, office 501, Kyiv, 01001

Legal support is provided by the Attorneys Association «Law Company «CAPITAL»

https://capital-ukraine.com

All rights of the Charity Foundation «Foundation «THETA» are protected. The materials posted on this page are public information. The Foundation acts in accordance with Ukrainian legislation in compliance with all requirements provided for by the Law. Visitors to the site when interacting have the opportunity to familiarize themselves with the public offer and privacy policy regarding interaction. A person who makes a donation to a specific project consents to their redistribution/use in other projects (for example, if the fundraiser is closed or irrelevant), and agrees that the donation amount is non-refundable.