Public offer
This Public Offer for donations for charitable purposes is aimed at an indefinite number of individuals Ruslan Gerasemchuk and Nelya Sploditel, who are visitors to the official website of the International Charitable Organisation "Niar Charitable Foundation Ukraine" on the Internet at https://www.near.com. ua/ and who wish to make a charitable donation within the meaning of this public offer.The text of the Offer is an official offer of the International Charitable Organisation "Niar Charitable Foundation" Ukraine, represented by Director Ruslan Gerasymchuk, acting on the basis of the Charter, to conclude a charitable donation agreement, the essence of which is set out below.1 . Definitions and concepts.
1.1. Public Offer is a current offer of the Organisation posted on https://www.near.com.ua/ to make a charitable donation addressed to an unlimited number of persons, including the Donor.
1.2. Acceptance is the full and unconditional acceptance of the Public Offer by taking actions to make a money transfer using the payment forms and means posted on https://www.near.com.ua/, as well as by transferring funds to the current account of the Organisation through bank institutions. The moment of Acceptance shall be the date of crediting funds to the bank account of the Organization.
1.3. Charitable donation is a gratuitous transfer of funds by the Donor to the Organization to achieve certain, previously agreed upon goals of the Organization in accordance with the Agreement and the Law of Ukraine "On Charitable Activities and Charitable Organisations".
2. Subject of the Agreement.
2.1. The subject matter of this Agreement is a free and voluntary transfer of funds from the Donor to the Organization by way of voluntary donations for the implementation of the statutory purposes and activities of the Organization, as well as for the provision of charitable assistance by the Organization in accordance with the Law of Ukraine "On Charitable Activities and Charitable Organisations" and the Foundation's programmes.
2.2 The volume and amount of charitable donations shall be determined by the Donor at its sole discretion.
2.3. Fulfilment of the terms of the Offer by the parties is not intended to generate profit or any benefits for either party.
2.4. The Parties confirm that the Parties' profit (directly or indirectly) is not the subject of the Offer.
2.5. Acceptance of this Public Offer by the Benefactor shall be made by making a Charitable Donation.
3. Acceptance of the Offer.
3.1. Acceptance of the Offer means that the Donor agrees with all its provisions, he/she is familiar with the Charter of the Organization, which is posted electronically on the Organization's website https://www.near.com.ua/, he/she is fully aware of and agrees with the subject matter of the Agreement, with the purpose and objectives of public charitable donations and with the right of the Organization to use part of the Donor's Charitable Donation for the administrative expenses of the Organization, in the amount not exceeding the amount provided for by the legislation of Ukraine.
3.2. The Donor and the Organisation, guided by Article 207, Part 2 of Article 639, Articles 641, 642 of the Civil Code of Ukraine, agree that from the moment of Acceptance of the Offer the Charitable Donation Agreement shall be deemed concluded. The Parties agree that the failure of the Parties to comply with the written form of the Charitable Donation Agreement shall not mean its invalidity.
4. Rights and Obligations of the Organization
4.1 The Organization has the right to:
4.1.1. Receive Charitable Donations and use them in accordance with the terms of the Offer and the Charitable Donation Agreement.
4.1.2. To change the directions of use of the Charitable Donation within the Statutory Activities of the Organisation.
4.1.3. To use a part of the Charitable Donation for the administrative expenses of the Organization, without the consent of the Donor, in the amount not exceeding the amount provided for by the legislation of Ukraine.
4.2. The Organization is obliged to:
4.2.1. Create the conditions necessary for the Donor to make a Charitable Donation in accordance with the terms of the Offer.
4.2.2. Use the received Charitable Donations to achieve the goals provided for by the Charter of the Organization.
4.2.3. To keep confidential information (including personal data) received from the Benefactor, not to transfer it to third parties without the consent of the Benefactor, except as provided by the Offer and the current legislation of Ukraine.
5. Rights and Obligations of the Benefactor.5.1. The Donor has the right to:5.1.1. Transfer a voluntary charitable donation to the account of the Organization in the manner specified in the Agreement.
5.1.2. Apply to the Organization to receive a report on the use of charitable donations by the Organization.
5.2. The Donor is obliged to:
5.2.1. Read in detail and carefully all the terms and conditions of the Offer and accept them when making a charitable donation, as well as all additional rules governing the relations of the Parties under the Offer.6. Place and terms of receipt of charitable donations
6.1. The public collection of donations is carried out on the territory of any country of the world in accordance with the procedure provided for in Article 7 of the Law of Ukraine "On Charitable Activities and Charitable Organisations". The Organization's direct activities related to the public solicitation of donations under the Agreement shall be carried out at the location of the Organization.
6.2. The public solicitation of donations shall continue until the liquidation of the Organization, unless another term is determined by the Organization.
7. Procedure for making a charitable donation.
7.1. The Organisation provides the Donor with the opportunity to make a charitable donation by electronic payment to https://www.near.com.ua/, by transferring funds to the Organisation's bank account (through the LiqPay payment service). The Donor chooses the payment format at his/her own discretion: one-time or regular (with the possibility to cancel regular payments at any time).
7.2. The payment shall be deemed to be made by the Donor upon confirmation of a successful transaction by the bank or payment system. The Donor shall bear all expenses related to the transfer of the donation.
7.3. The charitable donation paid by the Donor is non-refundable under any circumstances.
8. Procedure for Using Charitable Donations.
8.1. The Charitable Donations collected under the Agreement shall be used in accordance with the objectives of the statutory activities of the Organization. The Organization shall dispose of the Charitable Donations at its sole discretion. Charitable Donations received by the Organization shall not be refunded. The Parties' liability for violation of the terms of this Agreement or the procedure for using the Charitable Donations shall be stipulated by the requirements of the current legislation of Ukraine.
8.2. The Donor or persons authorised by him/her shall have the right to control the targeted use of the Charitable Donation.
8.3. Procedure for Public Access to the Financial Statements of the Organization:Access to the Organization's reports is provided by contacting the Organization at the email address info@near.com.ua, which is indicated on the website https://www.near.com.ua/. Other information is provided by the Organization in the manner and within the time limits provided for by the legislation of Ukraine.
9. Liability of the Parties
9.1. In case of non-fulfilment or improper fulfilment of their obligations under the Offer, the Parties shall be liable in accordance with the current legislation of Ukraine and the terms of this Offer.
9.2. The Organisation shall not be liable in case of actions / omissions of third parties, as a result of which the Organisation could not fulfil its obligations under the Offer.
10. Confidentiality and protection of personal data
10.1. By making the Acceptance, the Benefactor confirms that he/she is familiar with and agrees to the collection and processing of personal data.
10.2. The Organisation collects and processes the Donor's personal data in order to fulfil its obligations under the Offer and in accordance with the Law of Ukraine "On Personal Data Protection".
10.3. The Benefactor agrees that after entering information about himself/herself during the Charitable Donation, subscribing to the Organisation's news on the Website, he/she may receive reports on the results of public meetings and the use of charitable donations by the Organisation, letters and messages, including advertising messages.
10.4. The Organization undertakes not to transfer the e-mail address and other information about the benefactors to third parties, except as provided by the current legislation of Ukraine.
10.5. The Organisation is not responsible for the disclosure of personal data that occurred as a result of illegal actions of third parties or if such disclosure occurred with the consent of the Donor.
11. Term of the Offer. Procedure for making changes and additions
11.1. The Public Offer comes into force from the moment it is posted on https://www.near.com.ua/ and is valid until the liquidation of the Organization, unless another term is determined by the Organization. The provisions of this clause shall also apply to additions (changes) to the Offer.
11.2. The Organization has the right to change the terms of the Public Offer without the consent of the Benefactor. The Organization reserves the right to unilaterally change the terms of the Offer at any time, without any restrictions, by publishing a new version of the Offer on https://www.near.com.ua/.
11.3. The Benefactor is obliged to independently monitor changes in the terms of the Offer by reviewing the current new (current) version at https://www.near.com.ua/
12. Dispute Resolution Procedure
12.1. Disputes and disputes arising from the performance of the Charitable Donation Agreement concluded under the terms of the Offer shall be resolved through negotiations in writing.
12.2. A claim shall be submitted to the Party in writing by sending a registered letter with acknowledgement of receipt within a period not exceeding 10 (ten) calendar days from the date of occurrence of the remarks that are the basis for the dispute or dispute. The claim shall be considered within 10 (ten) calendar days, calculated from the date of its delivery to the Party to which it is addressed.
12.3 If the Parties fail to reach an agreement during the negotiations in writing, the dispute shall be considered in accordance with the procedure provided for by the current legislation of Ukraine.
12.4. On all other issues not provided for in this Offer, the Parties shall be governed by the current legislation of Ukraine.
13. Force Majeure
13.1. The Parties shall be released from liability for non-performance or improper performance of obligations under the terms of the Offer if the said non-performance is the result of force majeure circumstances and their consequences, namely: fires, epidemics, floods, earthquakes or other natural disasters, war and hostilities, strike(s), sabotage, accident, mass disorder and riots, quarantine restrictions, acts of public authorities or administration, international sanctions, etc, that directly affect the performance of the Agreement and arose after its conclusion.
13.2 In this case, the term for fulfilment of obligations under such Agreement shall be extended for the duration of the said circumstances and their consequences. A Party that is unable to fulfil its obligations under the Agreement as a result of force majeure circumstances and their consequences shall notify the other Party in writing within 15 days of the beginning or end of such circumstances, as well as provide documentary evidence of their occurrence and existence.
13.3. Failure to notify or untimely notification of force majeure circumstances shall deprive the relevant Party of the right to refer to such circumstances as exempt from liability. Notification of the Organization of the occurrence of force majeure is possible, inter alia, by posting relevant information on the Website.
13.4. The existence and duration of force majeure shall be confirmed by certificates issued by the authorised state authorities of Ukraine.
14. Information about the Organisation.
Charitable Organisation "Charitable Foundation "NIAR" (CO "CF "NIAR")
DIRECTOR: Nelia Plodnyk79024, Lviv, Bohdana Khmelnytskoho str. Bohdana Khmelnytskoho str. 160GEDRPOU
code 45166173IBAN
UA243006140000026008500542303in JSC "CREDIT AGRICOLE BANK "MFO 300614
Published on the Website on 27.05.2024
1.1. Public Offer is a current offer of the Organisation posted on https://www.near.com.ua/ to make a charitable donation addressed to an unlimited number of persons, including the Donor.
1.2. Acceptance is the full and unconditional acceptance of the Public Offer by taking actions to make a money transfer using the payment forms and means posted on https://www.near.com.ua/, as well as by transferring funds to the current account of the Organisation through bank institutions. The moment of Acceptance shall be the date of crediting funds to the bank account of the Organization.
1.3. Charitable donation is a gratuitous transfer of funds by the Donor to the Organization to achieve certain, previously agreed upon goals of the Organization in accordance with the Agreement and the Law of Ukraine "On Charitable Activities and Charitable Organisations".
2. Subject of the Agreement.
2.1. The subject matter of this Agreement is a free and voluntary transfer of funds from the Donor to the Organization by way of voluntary donations for the implementation of the statutory purposes and activities of the Organization, as well as for the provision of charitable assistance by the Organization in accordance with the Law of Ukraine "On Charitable Activities and Charitable Organisations" and the Foundation's programmes.
2.2 The volume and amount of charitable donations shall be determined by the Donor at its sole discretion.
2.3. Fulfilment of the terms of the Offer by the parties is not intended to generate profit or any benefits for either party.
2.4. The Parties confirm that the Parties' profit (directly or indirectly) is not the subject of the Offer.
2.5. Acceptance of this Public Offer by the Benefactor shall be made by making a Charitable Donation.
3. Acceptance of the Offer.
3.1. Acceptance of the Offer means that the Donor agrees with all its provisions, he/she is familiar with the Charter of the Organization, which is posted electronically on the Organization's website https://www.near.com.ua/, he/she is fully aware of and agrees with the subject matter of the Agreement, with the purpose and objectives of public charitable donations and with the right of the Organization to use part of the Donor's Charitable Donation for the administrative expenses of the Organization, in the amount not exceeding the amount provided for by the legislation of Ukraine.
3.2. The Donor and the Organisation, guided by Article 207, Part 2 of Article 639, Articles 641, 642 of the Civil Code of Ukraine, agree that from the moment of Acceptance of the Offer the Charitable Donation Agreement shall be deemed concluded. The Parties agree that the failure of the Parties to comply with the written form of the Charitable Donation Agreement shall not mean its invalidity.
4. Rights and Obligations of the Organization
4.1 The Organization has the right to:
4.1.1. Receive Charitable Donations and use them in accordance with the terms of the Offer and the Charitable Donation Agreement.
4.1.2. To change the directions of use of the Charitable Donation within the Statutory Activities of the Organisation.
4.1.3. To use a part of the Charitable Donation for the administrative expenses of the Organization, without the consent of the Donor, in the amount not exceeding the amount provided for by the legislation of Ukraine.
4.2. The Organization is obliged to:
4.2.1. Create the conditions necessary for the Donor to make a Charitable Donation in accordance with the terms of the Offer.
4.2.2. Use the received Charitable Donations to achieve the goals provided for by the Charter of the Organization.
4.2.3. To keep confidential information (including personal data) received from the Benefactor, not to transfer it to third parties without the consent of the Benefactor, except as provided by the Offer and the current legislation of Ukraine.
5. Rights and Obligations of the Benefactor.5.1. The Donor has the right to:5.1.1. Transfer a voluntary charitable donation to the account of the Organization in the manner specified in the Agreement.
5.1.2. Apply to the Organization to receive a report on the use of charitable donations by the Organization.
5.2. The Donor is obliged to:
5.2.1. Read in detail and carefully all the terms and conditions of the Offer and accept them when making a charitable donation, as well as all additional rules governing the relations of the Parties under the Offer.6. Place and terms of receipt of charitable donations
6.1. The public collection of donations is carried out on the territory of any country of the world in accordance with the procedure provided for in Article 7 of the Law of Ukraine "On Charitable Activities and Charitable Organisations". The Organization's direct activities related to the public solicitation of donations under the Agreement shall be carried out at the location of the Organization.
6.2. The public solicitation of donations shall continue until the liquidation of the Organization, unless another term is determined by the Organization.
7. Procedure for making a charitable donation.
7.1. The Organisation provides the Donor with the opportunity to make a charitable donation by electronic payment to https://www.near.com.ua/, by transferring funds to the Organisation's bank account (through the LiqPay payment service). The Donor chooses the payment format at his/her own discretion: one-time or regular (with the possibility to cancel regular payments at any time).
7.2. The payment shall be deemed to be made by the Donor upon confirmation of a successful transaction by the bank or payment system. The Donor shall bear all expenses related to the transfer of the donation.
7.3. The charitable donation paid by the Donor is non-refundable under any circumstances.
8. Procedure for Using Charitable Donations.
8.1. The Charitable Donations collected under the Agreement shall be used in accordance with the objectives of the statutory activities of the Organization. The Organization shall dispose of the Charitable Donations at its sole discretion. Charitable Donations received by the Organization shall not be refunded. The Parties' liability for violation of the terms of this Agreement or the procedure for using the Charitable Donations shall be stipulated by the requirements of the current legislation of Ukraine.
8.2. The Donor or persons authorised by him/her shall have the right to control the targeted use of the Charitable Donation.
8.3. Procedure for Public Access to the Financial Statements of the Organization:Access to the Organization's reports is provided by contacting the Organization at the email address info@near.com.ua, which is indicated on the website https://www.near.com.ua/. Other information is provided by the Organization in the manner and within the time limits provided for by the legislation of Ukraine.
9. Liability of the Parties
9.1. In case of non-fulfilment or improper fulfilment of their obligations under the Offer, the Parties shall be liable in accordance with the current legislation of Ukraine and the terms of this Offer.
9.2. The Organisation shall not be liable in case of actions / omissions of third parties, as a result of which the Organisation could not fulfil its obligations under the Offer.
10. Confidentiality and protection of personal data
10.1. By making the Acceptance, the Benefactor confirms that he/she is familiar with and agrees to the collection and processing of personal data.
10.2. The Organisation collects and processes the Donor's personal data in order to fulfil its obligations under the Offer and in accordance with the Law of Ukraine "On Personal Data Protection".
10.3. The Benefactor agrees that after entering information about himself/herself during the Charitable Donation, subscribing to the Organisation's news on the Website, he/she may receive reports on the results of public meetings and the use of charitable donations by the Organisation, letters and messages, including advertising messages.
10.4. The Organization undertakes not to transfer the e-mail address and other information about the benefactors to third parties, except as provided by the current legislation of Ukraine.
10.5. The Organisation is not responsible for the disclosure of personal data that occurred as a result of illegal actions of third parties or if such disclosure occurred with the consent of the Donor.
11. Term of the Offer. Procedure for making changes and additions
11.1. The Public Offer comes into force from the moment it is posted on https://www.near.com.ua/ and is valid until the liquidation of the Organization, unless another term is determined by the Organization. The provisions of this clause shall also apply to additions (changes) to the Offer.
11.2. The Organization has the right to change the terms of the Public Offer without the consent of the Benefactor. The Organization reserves the right to unilaterally change the terms of the Offer at any time, without any restrictions, by publishing a new version of the Offer on https://www.near.com.ua/.
11.3. The Benefactor is obliged to independently monitor changes in the terms of the Offer by reviewing the current new (current) version at https://www.near.com.ua/
12. Dispute Resolution Procedure
12.1. Disputes and disputes arising from the performance of the Charitable Donation Agreement concluded under the terms of the Offer shall be resolved through negotiations in writing.
12.2. A claim shall be submitted to the Party in writing by sending a registered letter with acknowledgement of receipt within a period not exceeding 10 (ten) calendar days from the date of occurrence of the remarks that are the basis for the dispute or dispute. The claim shall be considered within 10 (ten) calendar days, calculated from the date of its delivery to the Party to which it is addressed.
12.3 If the Parties fail to reach an agreement during the negotiations in writing, the dispute shall be considered in accordance with the procedure provided for by the current legislation of Ukraine.
12.4. On all other issues not provided for in this Offer, the Parties shall be governed by the current legislation of Ukraine.
13. Force Majeure
13.1. The Parties shall be released from liability for non-performance or improper performance of obligations under the terms of the Offer if the said non-performance is the result of force majeure circumstances and their consequences, namely: fires, epidemics, floods, earthquakes or other natural disasters, war and hostilities, strike(s), sabotage, accident, mass disorder and riots, quarantine restrictions, acts of public authorities or administration, international sanctions, etc, that directly affect the performance of the Agreement and arose after its conclusion.
13.2 In this case, the term for fulfilment of obligations under such Agreement shall be extended for the duration of the said circumstances and their consequences. A Party that is unable to fulfil its obligations under the Agreement as a result of force majeure circumstances and their consequences shall notify the other Party in writing within 15 days of the beginning or end of such circumstances, as well as provide documentary evidence of their occurrence and existence.
13.3. Failure to notify or untimely notification of force majeure circumstances shall deprive the relevant Party of the right to refer to such circumstances as exempt from liability. Notification of the Organization of the occurrence of force majeure is possible, inter alia, by posting relevant information on the Website.
13.4. The existence and duration of force majeure shall be confirmed by certificates issued by the authorised state authorities of Ukraine.
14. Information about the Organisation.
Charitable Organisation "Charitable Foundation "NIAR" (CO "CF "NIAR")
DIRECTOR: Nelia Plodnyk79024, Lviv, Bohdana Khmelnytskoho str. Bohdana Khmelnytskoho str. 160GEDRPOU
code 45166173IBAN
UA243006140000026008500542303in JSC "CREDIT AGRICOLE BANK "MFO 300614
Published on the Website on 27.05.2024
