Public Offer
Terms for making charitable donations through this website.
1. GENERAL TERMS AND CONDITIONS
1.1. This Public Offer on the Provision of a Charitable Donation (hereinafter referred to as the “Offer”) is an offer by the Charitable Organization CHARIITABLE ORGANIZATION "ІNTERNATIONAL CHARITABLE FUNDATION HOLISTIC HUMAN DEVELOPMENT "LOGOS", identification code 40319300, address: 03187, Ukraine, Kyiv, Academician Glushkov Avenue, building 13-B (hereinafter referred to as the “Foundation”), represented by its Director Andrii Yuriiovych Oliinyk, directed to an indefinite number of legally capable individuals and legal entities to conclude an Agreement on the Provision of a Charitable Donation (hereinafter referred to as the “Agreement”) on the terms set forth in this Offer. 1.2. This proposal to conclude the Agreement constitutes a public offer within the meaning of Article 641 of the Civil Code of Ukraine. 1.3. This Offer enters into force from the moment of its publication on the Foundation’s website at https://bo-logos.com (hereinafter referred to as the “website”). 1.4. This Offer is indefinite in duration and may be amended or revoked by the Foundation at any time (prior to its acceptance by the Donor) by publishing the relevant information on the Foundation’s website. 1.5. The Foundation’s details and information on available donation methods are published on the website and constitute an integral part of this Offer. Donations are accepted through the payment form on the Foundation’s website, as well as by bank transfer to the Foundation’s account – exclusively for Ukrainian residents in the manner set out in clause 4.3 of this Agreement. IBAN is indicated as the requisite for bank transfers by Ukrainian residents. The crediting of donations from non-residents of Ukraine made by direct bank transfer bypassing the payment form on the website is not guaranteed and does not give rise to relations under this Agreement. 1.6. This Offer applies to donations made both by Ukrainian residents and by persons located outside Ukraine (foreign donors). Relations with foreign donors are governed by this Offer and the legislation of Ukraine, unless otherwise expressly provided by norms of international law binding on the Foundation.
2. SUBJECT MATTER OF THE AGREEMENT
2.1. Under this Agreement, the Donor gratuitously transfers funds to the Foundation’s ownership, and the Foundation accepts them and undertakes to use them to achieve the goals defined in its Charter. 2.2. The transfer of funds by the Donor in accordance with the terms of this Agreement shall be deemed a charitable donation in accordance with the Law of Ukraine “On Charitable Activities and Charitable Organizations”. 2.3. The Donor provides the Foundation with a charitable donation that does not entail the Donor receiving any profit, nor any payment of remuneration or compensation to the Donor from or on behalf of the Foundation. The Foundation receives the charitable donation from the Donor on a voluntary, irrevocable, and gratuitous basis. 2.4. The Donor has the right to independently determine the amount of the charitable donation. The Foundation independently decides on the purpose of using charitable donations within the scope of its statutory activities, unless the Donor has established otherwise for payment purposes. 2.5. If the Donor makes a charitable donation specifying a particular project, program, or area of use, such a donation shall be deemed targeted only to the extent of the Foundation’s capabilities, its Charter, the actual implementation of the project, and the objective possibility of using the funds for the stated purpose. If the implementation of the relevant project becomes impossible, inexpedient, suspended, or completed, the Foundation has the right to redirect such funds to another project or another area of the Foundation’s statutory activities. In the event of the termination of a project for which targeted fundraising is being conducted, the Foundation undertakes to post a corresponding notice on the website within 3 business days and to suspend the acceptance of new targeted donations for that project. Donations received after the actual termination of the project but prior to the publication of the notice shall be directed to other Foundation projects in accordance with clause 2.5. 2.6. The Foundation has the right not to fulfil the targeted purpose of the donation specified by the Donor if it contradicts the Foundation’s Charter, Ukrainian legislation, or is practically unachievable. In such case, the funds shall be directed to other statutory purposes of the Foundation, of which the Donor shall be informed upon request. 2.7. Descriptions of projects, timelines, budgets, expected outcomes, and other informational materials on the Foundation’s website do not constitute a guarantee of achieving a specific result, do not constitute a public promise of reward, and may change in light of actual circumstances, security conditions, availability of resources, and the Foundation’s decisions. 2.8. Making a charitable donation of any amount does not entitle the Donor to participate in the management of the Foundation, influence the Foundation’s decision-making, or make demands regarding changes to the Foundation’s activities.
3. OBJECTIVES AND AREAS OF CHARITABLE ACTIVITIES
3.1. The Foundation carries out charitable activities in accordance with the goals defined in its Charter, the main ones being: charitable activities in the field of healthcare, charitable activities in the field of education, contribution to the country’s defence capacity and mobilization readiness, environmental protection and animal welfare, protection of the population under martial law emergency conditions.
4. ACCEPTANCE OF THE OFFER AND MAKING OF A CHARITABLE DONATION
4.1. The Donor and the Foundation agree that the Agreement shall be deemed concluded in written form upon acceptance of the Offer. The Parties agree that non-compliance with the written form of the Agreement shall not render it invalid. 4.2. The Offer shall be deemed accepted after the Donor makes a donation payment through the payment form on the Foundation’s website, as specified in clause 4.3. 4.3. The Donor may make a charitable donation in one of the following ways: Method 1. Payment by bank card (Visa, Mastercard) through the acquiring system of JSC “SENSE BANK” (MFO 300346), integrated on the Foundation’s website. Available to all Donors regardless of residency. The acquiring bank processing card transactions on the Foundation’s website is JSC “SENSE BANK”. Method 2. Bank transfer to the Foundation’s account – exclusively for Ukrainian residents. The transfer is made in hryvnias (UAH) to the Foundation’s account: – IBAN: UA533003460000026005000021686 – Recipient: CHARIITABLE ORGANIZATION "ІNTERNATIONAL CHARITABLE FUNDATION HOLISTIC HUMAN DEVELOPMENT "LOGOS" – Bank: JSC “SENSE BANK”, MFO 300346 – Payment reference: “Charitable donation pursuant to the public offer. VAT-exempt.” (or with specification of the particular project, if the donation is targeted). Funds are typically credited to the Foundation’s account within 1–2 business days from the date of transfer in accordance with payment services legislation requirements. Non-residents of Ukraine may make donations exclusively through the payment form on the website (Method 1 – by card). Bank transfers from non-residents are not processed and do not give rise to relations under this Agreement. 4.4. Donations through the acquiring system of JSC “SENSE BANK” are credited to the Foundation’s account exclusively in hryvnias (UAH). Cardholders whose cards are issued outside Ukraine or in a currency other than hryvnia may make donations in their card’s currency – conversion to hryvnia is performed automatically at the exchange rate of JSC “SENSE BANK” or the international payment system (Visa/Mastercard) on the transaction date. Any costs related to currency conversion, fees of the issuing bank, or international payment systems are borne exclusively by the Donor and are not subject to reimbursement by the Foundation. The amount actually credited to the Foundation’s account may differ from the amount debited from the Donor’s card. Such difference does not constitute a breach of this Agreement and is not subject to reimbursement by the Foundation. Donations by bank transfer (Method 2) are made exclusively in hryvnias (UAH). Transfers in foreign currency are not accepted. Interbank transaction fees are borne by the Donor. For cards issued outside Ukraine, additional fees or restrictions may be applied by the acquiring bank or the international payment system. The Foundation shall not be liable for declined transactions made at the decision of the acquiring bank or the international payment system. 4.5. The Donor may make a one-time donation or subscribe to regular donations of a specified amount. Regular donations are available exclusively through the payment form on the website (Method 1 – by card). Bank transfer (Method 2) provides for one-time donations only. A recurring subscription may be cancelled: – by clicking the “Cancel subscription” button on the website; – by sending a cancellation request to the Foundation’s official email address indicated on the website, with confirmation of identity and subscription details. A recurring donation is automatically terminated upon the death of an individual Donor from the moment the Foundation receives corresponding documentary confirmation. Funds debited prior to the receipt of such confirmation are non-refundable if already credited to the Foundation’s account. The obligation to notify the Foundation of the Donor’s death is placed upon the Donor’s heirs or authorized persons by submitting documents to the Foundation’s official email address. 4.6. Card payments on the website are processed through the acquiring system of JSC “SENSE BANK”. Making a card payment signifies that the Donor is acquainted with the terms of the relevant payment service of JSC “SENSE BANK”. The Foundation’s website may contain links to third-party resources. The Foundation is not responsible for the content of such resources, their privacy policies, or any damages resulting from their use by the Donor. The Foundation is not liable for unauthorized use of the Donor’s payment data by third parties in the course of card payments. All claims regarding unauthorized card payments shall be submitted by the Donor directly to the card-issuing bank. Claims regarding bank transfers made without the Donor’s knowledge shall be submitted to the sending bank. 4.7. Visa and Mastercard payments are processed using 3D-Secure technology (or other payer authentication methods provided by JSC “SENSE BANK”). The Foundation does not store or process Donor’s payment card data – all card data is transmitted and processed exclusively by JSC “SENSE BANK” in accordance with the PCI DSS security standard. When making a bank transfer (Method 2), the Donor is solely responsible for the security of bank details and for the correctness of the entered recipient’s details. The Foundation is not liable for errors made by the Donor when filling in the payment order. To facilitate recurring donations, JSC “SENSE BANK” may store tokenized card payment data of the Donor in accordance with the PCI DSS standard and Visa/Mastercard rules on recurring payments. Such data does not constitute complete card credentials and is stored exclusively by JSC “SENSE BANK”. 4.8. In the event the Donor initiates a chargeback procedure through the issuing bank, the Foundation has the right to provide JSC “SENSE BANK” as the acquiring bank with all available confirmations of the voluntary nature of the donation (transaction data, IP address, time, the fact of Offer acceptance, etc.) in accordance with Visa/Mastercard rules. The Donor agrees that an unsubstantiated chargeback with respect to a voluntarily made donation may be contested by the Foundation. Prior to initiating a chargeback procedure, the Donor undertakes to contact the Foundation in writing at its official email address, setting out the grounds for a refund, and to allow the Foundation 14 calendar days for review. Only if the matter remains unresolved may the Donor initiate a chargeback through the issuing bank. In cases where a donation has been made by a third party using payment data without the cardholder’s knowledge, the cardholder should contact the issuing bank in accordance with Visa/Mastercard rules. The Foundation shall not be liable for unauthorized use of payment data that occurred beyond the Foundation’s reasonable control. 4.9. By accepting the Offer, the Donor confirms their agreement with all the terms of the Offer and is fully acquainted with and agrees to the subject matter and terms of the Agreement. The Foundation may require the Donor to confirm that they have read the terms of the Offer by placing the appropriate mark (checkbox) on the website prior to payment. The absence of a technical capability to place such a mark does not relieve the Donor of the obligation to comply with the terms of this Agreement. By making a donation, an individual confirms that they are at least 18 years of age or have full legal capacity in accordance with the legislation of their country of residence. The Foundation shall not be liable for the provision of false information regarding legal capacity. 4.10. A charitable donation is voluntary and is not subject to subsequent return to the Donor. Refunds are possible only in cases of technical error, duplicate payment, unauthorized debit, or another case where a refund is expressly provided for by law and confirmed by documentation. Refunds for card payments shall be made exclusively to the payment card from which the donation was made, in the amount actually credited to the Foundation’s account, net of acquiring fees and conversion costs, which the Foundation does not reimburse. Refunds for bank transfers shall be made exclusively to the bank account from which the transfer was made, in the amount actually credited to the Foundation’s account. Cash refunds or refunds to other details are not made in any case. An application for a refund in the above-mentioned cases must be submitted directly to the Foundation by the Donor within 30 (thirty) calendar days from the date of payment, with mandatory supporting documents confirming the grounds for refund. The Foundation is not obligated to grant such application if there are no proper legal grounds. This does not limit the Donor’s right to dispute the transaction through the issuing bank within the timeframes established by Visa/Mastercard rules. The Foundation shall review an application for refund within 14 (fourteen) business days from the date of its receipt. The Foundation shall not make a refund of the donation if the funds have already been directed towards the Foundation’s statutory activities, except where a refund is mandatory under law. In the event of a technical failure during a card payment, as a result of which funds were debited from the Donor’s card but not credited to the Foundation’s account, the Donor should contact the card-issuing bank directly. In cases of incorrect bank transfer (erroneous details, duplicate transfer, etc.), the Donor should contact their sending bank. The Foundation shall assist in resolving such situations upon the Donor’s request submitted within 30 calendar days. 4.11. In the event that the amount specified as the fundraising goal for a project is not reached, the collected amount shall be directed towards the implementation of the given project or other Foundation projects. 4.12. By making a charitable donation to a targeted charitable project, the Donor consents to the redistribution/use of the charitable donation for other charitable projects of the Foundation in accordance with the Foundation’s statutory objectives. 4.13. By making a donation, the Donor confirms that: – the funds transferred to the Foundation have been obtained lawfully and are not connected with the legalization (laundering) of proceeds from crime, financing of terrorism, or proliferation of weapons of mass destruction in accordance with the Law of Ukraine “On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financing of Terrorism and Financing of Proliferation of Weapons of Mass Destruction”; – they are not a person against whom international sanctions or Ukrainian sanctions have been applied, do not act in the interests of such persons, and are not a resident of the aggressor state; – they are not a political party or a structure associated with one. The Foundation does not accept donations from political parties, electoral funds, or persons acting in their interests; – the funds used for the donation do not originate from activities related to illegal cryptocurrency circulation, gambling outside the scope of legal regulation, or other activities prohibited by Ukrainian legislation; – they are not a person against whom criminal law measures associated with restrictions on financial transactions have been applied in accordance with the legislation of Ukraine or the country of residence. 4.14. The Foundation has the right to establish threshold amounts above which anonymous donations are not accepted, in accordance with the requirements of financial monitoring legislation. Donor identification is mandatory in cases provided for by the Law of Ukraine “On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financing of Terrorism and Financing of Proliferation of Weapons of Mass Destruction”, in particular when amounts established by that Law as thresholds for mandatory financial monitoring are exceeded. Information on the current threshold amounts is published on the Foundation’s website (currently – UAH 400,000 in accordance with Ukrainian legislation; the Foundation updates this information upon changes to the thresholds). Should the Donor fail to provide the requested documents or information within the timeframe determined by the Foundation, the Foundation has the right to refuse acceptance of the donation and return the funds without explanation, as well as to report the suspicious transaction to the State Financial Monitoring Service of Ukraine in the manner prescribed by law. For foreign Donors, the Foundation applies enhanced due diligence regardless of the donation amount in cases where the Donor’s country of registration or residence is included in the list of high-risk jurisdictions in accordance with FATF recommendations or the lists of the State Financial Monitoring Service of Ukraine. Artificial splitting of donations to avoid mandatory financial monitoring thresholds is prohibited. The Foundation has the right to aggregate related transactions from one Donor for financial monitoring purposes and to report suspicious transactions to the State Financial Monitoring Service of Ukraine. 4.15. The Foundation has the right to unilaterally change payment instruments and the acquiring bank by publishing updated information on the website. In the event of a change of acquiring bank, the Foundation shall publish a corresponding notice at least 3 (three) business days prior to the changes taking effect. In the event of a change of acquiring bank, the Foundation shall notify Donors with active recurring donations at their email addresses at least 7 calendar days in advance and shall provide instructions on re-registering the subscription through the new payment form. Until re-registration, recurring donations shall be considered suspended without breach of the Agreement terms. 4.16. A legal entity making a donation confirms that the authorized representative acting on its behalf has the proper authority to make charitable donations in accordance with the constituent documents of such legal entity. The Foundation shall not be liable for the absence of such authority. In the event of a donation being made using a corporate payment card, the contracting party shall be the legal entity to which the card belongs, provided that the authorized person specified the name and identification code of the legal entity in the relevant fields of the payment form. In the absence of such data, the contracting party shall be the individual cardholder. 4.17. The Donor undertakes not to include in the payment reference any information that contradicts Ukrainian legislation, violates the rights of third parties, or may damage the Foundation’s reputation. The Foundation has the right to return a donation if the payment reference contains such information. The Foundation has the right to remove or not publish any comments and messages left by the Donor in the payment form without explanation. The posting of such comments does not create any copyright or other rights in the Donor with regard to their use by the Foundation. 4.18. The Foundation has the right, prior to the crediting or use of a charitable donation, to request from the Donor additional information or documents required to comply with Ukrainian legislation in the field of prevention and counteraction to the legalization (laundering) of proceeds from crime, financing of terrorism, and application of sanctions. Pending the provision of such information, the Foundation may suspend the processing of a payment or refuse to accept it. 4.19. The Foundation has the right to refuse to accept a donation, return funds, or suspend their use in cases where there are signs of a suspicious transaction, non-compliance of the source of funds with legislative requirements, the payer’s connection with sanctioned persons, or the existence of other risks of violating financial monitoring requirements. 4.20. The fact of acceptance of the Offer and making of a donation may be confirmed: – for card payments: by the Foundation’s electronic data, including the date, time, amount of payment, transaction identifier, IP address, email address, data of JSC “SENSE BANK”, and other technical data (logs); – for bank transfers: by the payment order bearing the sending bank’s execution stamp, an account statement of the Foundation confirming crediting of the funds, and relevant banking documents of JSC “SENSE BANK”. 4.21. In the event of a dispute, the electronic and technical data referred to in clause 4.20 may be used as proper evidence of Offer acceptance and the making of a donation. 4.22. Upon successful completion of a card donation, the Foundation shall send the Donor a transaction confirmation to the email address provided at the time of payment (if available). For donations made by bank transfer, confirmation shall consist of the crediting of funds to the Foundation’s account; the Foundation shall send confirmation to the Donor’s email address (if available) within 3 business days from the date of crediting. Upon the Donor’s written request, the Foundation shall provide documentary confirmation of receipt of the donation (including a certificate / confirmation letter for reporting or accounting purposes) within 5 (five) business days from the date of receipt of the relevant request. The Foundation shall not be liable for non-receipt of a transaction confirmation due to the Donor providing an incorrect email address. The accuracy of entered data is the Donor’s responsibility in accordance with clause 7.4 of this Agreement. 4.23. A legal entity – foreign donor, in making a donation, confirms that: – the authorized representative has the proper authority in accordance with the constituent documents and applicable legislation of the country of registration of such legal entity; – making the donation does not contradict the legislation of the country of registration of such entity, including rules on the financing of foreign organizations; – such legal entity is not subject to international sanctions and is not a resident of the aggressor state against Ukraine.
5. RIGHTS AND OBLIGATIONS OF THE FOUNDATION
5.1. The Foundation has the right to: – receive charitable donations and use them for the purposes defined in its Charter, this Agreement, and the Law of Ukraine “On Charitable Activities and Charitable Organizations”; – change the purposes of use of donations within the scope of the Foundation’s statutory activities; – use a portion of the received funds to finance administrative expenses within the limits established by Ukrainian legislation (not more than 20% of the Foundation’s revenue in the current year in accordance with Article 16 of the Law of Ukraine “On Charitable Activities and Charitable Organizations”); – refuse to accept a charitable donation without explanation, in particular in cases where acceptance of such donation may contradict Ukrainian legislation, the Foundation’s statutory activities, or the Foundation’s reputational interests; – publicly mention the fact of receiving a donation from the Donor in reports, on the website, and in other communication materials without specifying the exact amount, unless the Donor has submitted written objections. The Donor may submit written objections to the public mention of their name within 14 calendar days from the date of making the donation by sending the relevant request to the Foundation’s official email address. After the expiry of the specified period, the Foundation has the right to publicly mention the Donor without further approval; – suspend or terminate fundraising for individual projects at any time without prior notice to Donors, in particular upon reaching the fundraising goal, changes to the circumstances of project implementation, or for other reasons at the Foundation’s discretion. 5.2. The Foundation is obligated to: – use donations in accordance with the Charter, the Agreement, and the Law of Ukraine “On Charitable Activities and Charitable Organizations”; – upon the Donor’s request, provide information on the use of the charitable donation; – ensure the technical availability of the payment form on the website and promptly notify of planned technical maintenance that may affect the ability to make donations. Payments initiated during planned or unplanned technical maintenance on the website are processed by JSC “SENSE Bank” in the standard manner. The Offer shall be deemed accepted only upon confirmation of successful completion of the transaction from JSC “SENSE Bank”. In the absence of such confirmation, the payment shall not be deemed made and the funds are subject to refund in the manner provided for in clause 4.10. 5.3. The Foundation may publish on the website or in other information channels consolidated reports on the receipt and use of charitable donations, progress of project implementation, administrative expenses, and other performance indicators, in the forms and scope determined by the Foundation in accordance with personal data protection and beneficiary safety requirements. 5.4. The Foundation is not obligated to disclose information that may create a risk to the life, health, safety of beneficiaries, employees, volunteers, partners, or counterparties of the Foundation.
6. RIGHTS AND OBLIGATIONS OF THE DONOR
6.1. The Donor has the right to request information on the use of the charitable donation made by the Donor. At the same time, the Foundation is not obligated to disclose information that constitutes a trade secret, personal data of third parties, or may harm the Foundation’s activities. The number of requests from one Donor may not exceed two per calendar month. 6.2. The Donor is obligated to make donations in accordance with the Agreement and Ukrainian legislation. 6.3. The Donor has no right to use the name, logo, or other identifying marks of the Foundation in their own commercial, political, or advertising materials without the prior written consent of the Foundation.
7. LIABILITY OF THE PARTIES
7.1. The Foundation shall not be liable for technical failures of the acquiring system of JSC “SENSE BANK” or the Visa/Mastercard payment systems that arise through the fault of said entities and are beyond the Foundation’s reasonable control. 7.2. The total liability of the Foundation under this Agreement shall in no case exceed the amount of the donation actually received from the specific Donor. 7.3. The Foundation shall not be liable for the failure to achieve the goals of charitable activities as a result of circumstances beyond the Foundation’s reasonable control. Making a donation does not create in the Donor any right to demand the achievement of a specific result or compensation in connection with its non-achievement. 7.4. The Donor is solely responsible for the accuracy of the data entered when making a payment through the payment form on the website. 7.5. In the event that the Donor is found to have violated the terms of clause 4.13 of this Agreement, the Foundation has the right to refuse to accept the donation, return the received funds, and notify the relevant state authorities.
8. DISPUTE RESOLUTION
8.1. All disputes shall be resolved through negotiation. In the event that agreement is not reached – through judicial proceedings at the Foundation’s location in accordance with Ukrainian legislation. 8.2. For foreign donors with whom a dispute arises, the Parties undertake to make efforts to reach an out-of-court settlement through negotiations or mediation. The applicable law shall be the legislation of Ukraine, regardless of the Donor’s location. Mediation shall be conducted in the Ukrainian language (or another language by mutual agreement of the parties) within a period of no more than 60 calendar days from the moment of sending the relevant proposal. If no agreement is reached, the dispute shall be referred to the court at the Foundation’s location in accordance with Ukrainian legislation. 8.3. The Donor has the right to appeal the Foundation’s decision regarding refusal to accept a donation, its refund, or change of the targeted purpose by sending a written request to the Foundation’s official email address. The Foundation shall review such request within 10 business days and provide a reasoned response within the limits that do not contradict financial monitoring legislation requirements.
9. FORCE MAJEURE
9.1. The Parties shall be released from liability for partial or complete non-performance of obligations under this Agreement if such non-performance is the result of force majeure circumstances, including: military operations, declaration of martial law or a state of emergency, natural disasters, epidemics, decisions of state authorities that make performance of the Agreement impossible. Confirmation of force majeure circumstances shall be provided by the relevant certificate of the Ukrainian Chamber of Commerce and Industry or another document issued by a competent authority. The deadline for performance of obligations shall be extended for the duration of the force majeure circumstances. 9.2. In the event of the Foundation’s account being blocked or financial transactions being suspended by decision of competent authorities, the Foundation undertakes to publish a corresponding notice on the website within 2 business days and to suspend the acceptance of new donations until the circumstances causing the blockage are resolved. 9.3. Under martial law or a state of emergency in Ukraine, the processing of donations may be carried out subject to restrictions established by the National Bank of Ukraine and other regulators. The Foundation shall not be liable for delays or restrictions in processing transactions resulting from such regulatory measures.
10. TERM OF THE AGREEMENT
10.1. This Agreement enters into force upon the Donor’s acceptance of the Offer and remains in effect until full performance by the Parties.
11. AMENDMENTS TO THE AGREEMENT
11.1. The Foundation has the right to amend the terms of this Agreement without prior notice by publishing an updated version of the Agreement on the website. In such case, the updated terms of the Agreement shall be binding on the Donor from the moment of publication of the revised version of this Agreement, unless a different effective date is additionally specified at the time of publication. Donations already made prior to the amendments taking effect shall be governed by the version of the Offer in force at the time of such acceptance. Continuation of recurring donations after publication of amendments to the Agreement shall be deemed the Donor’s consent to the updated terms. If the Donor disagrees with the amendments, they are obligated to cancel the subscription in the manner provided for in clause 4.5 of this Agreement. 11.2. The Donor shall independently and at their own discretion monitor changes to the terms of this Agreement on the Foundation’s website. The Foundation shall not be liable for the Donor’s failure to review changes published on the website.
12. FINAL PROVISIONS
12.1. When making a donation, the Donor may provide (at their discretion) the following personal data: first name and last name, email address. For the purposes of processing card payments, technical transaction data is transmitted to JSC “SENSE BANK” to the extent necessary for processing the payment and fulfilling financial monitoring requirements. The Foundation does not receive or store the Donor’s payment card details. By accepting this Offer, the Donor consents to the processing of personal data. The Foundation undertakes not to disclose the Donor’s personal data to third parties without the Donor’s permission, except where such disclosure is required by state authorities or is otherwise required in accordance with Ukrainian legislation or by JSC “SENSE BANK” in the context of fulfilling legislative requirements and contractual obligations regarding acquiring. The Donor confirms that they have been informed of the rights established by the Law of Ukraine “On Personal Data Protection”. The Donor is aware of and understands their rights as a personal data subject in accordance with the Law of Ukraine “On Personal Data Protection”. The Foundation stores transaction data and related personal data for at least 5 (five) years after the end of the business relationship with the Donor in accordance with Ukrainian financial monitoring legislation requirements, as well as for the duration of the statute of limitations for the protection of the Foundation’s rights in the event of a dispute. In addition, the Privacy Policy is published on the Foundation’s website and applies to all website visitors, including those making donations. The processing of personal data is carried out by the Foundation on the basis of this Offer, the performance of the Agreement, the Foundation’s legitimate interests, and the requirements of Ukrainian legislation. The Donor confirms that they have read the Foundation’s Privacy Policy and agree to it by accepting this Offer. The Foundation’s website may use cookies and similar technologies to ensure the operation of the payment form, analytics, and security. Detailed information is contained in the Privacy Policy published on the website. 12.2. The processing of personal data of foreign Donors is carried out in accordance with Ukrainian legislation. If the Donor is a resident of states subject to the EU General Data Protection Regulation (GDPR), the Foundation shall process such Donor’s personal data to the minimum extent necessary for the performance of contractual obligations and compliance with legislation, and shall ensure the exercise of data subjects’ rights provided for by the GDPR (right of access, rectification, erasure, and objection to processing). Detailed information is contained in the Foundation’s Privacy Policy published on the website. 12.3. All materials, reports, publications, and other results of the Foundation’s activities created using charitable donations are the exclusive property of the Foundation. Making a donation does not grant the Donor any rights to such materials. 12.4. If any provision of this Agreement is found to be invalid or unenforceable, this shall not affect the validity of the other provisions of the Agreement, which shall remain in full force. 12.5. This Agreement does not create employment, agency, or partnership relations between the Parties. The Donor has no right to act on behalf of the Foundation or assume obligations in its name. 12.6. Electronic correspondence using the Foundation’s official email addresses indicated on the website is an official means of communication and has legal force for the purposes of this Agreement. 12.7. In the event of liquidation or reorganization of the Foundation, unused charitable donations shall be transferred to another charitable organization or used in accordance with Ukrainian charitable activities legislation and the decision of the liquidation commission. 12.8. The Donor has no right to transfer their rights and obligations under this Agreement to third parties without the prior written consent of the Foundation. For the purposes of this Agreement, “related organizations” means exclusively other charitable organizations registered in accordance with Ukrainian legislation that have statutory objectives related to those of the Foundation. The transfer of rights and obligations to commercial entities on the basis of this clause is not permitted. The Foundation has the right to transfer its rights and obligations under this Agreement to successors or related organizations without obtaining the Donor’s consent. 12.9. The Foundation does not provide individual tax advice to Donors. Tax matters relating to charitable donations are resolved by the Donor independently in accordance with Ukrainian legislation. Upon the Donor’s request, the Foundation may provide documentary confirmation of receipt of the donation. Tax matters relating to donations outside Ukraine are resolved by the Donor independently in accordance with the legislation of their country of residence. 12.10. The Foundation’s failure to exercise any right provided for in this Agreement shall not constitute a waiver of such right and shall not deprive the Foundation of the ability to exercise it in the future. 12.11. This Agreement constitutes the complete and sole document governing the relations between the Parties with respect to the subject matter of the Agreement. Any oral arrangements, promises, or assurances not reflected in the text of the Agreement have no legal effect. 12.12. This Agreement is drawn up in the Ukrainian language. In the event of the Agreement being translated into another language and in the event of discrepancies between the translation and the original text, the Ukrainian version shall prevail. The translation of this Offer into other languages is unofficial and is provided exclusively for the convenience of foreign Donors. The Foundation does not guarantee the accuracy of the translation and shall not be liable for any discrepancies between the translated and original versions. 12.13. Mutual relations between the Parties not governed by the Agreement shall be regulated by the applicable legislation of Ukraine. CHARITABLE ORGANIZATION CHARIITABLE ORGANIZATION "ІNTERNATIONAL CHARITABLE FUNDATION HOLISTIC HUMAN DEVELOPMENT "LOGOS" Address: 03187, Ukraine, Kyiv, Academician Glushkov Avenue, building 13-B Identification code: 40319300 IBAN (UAH): UA533003460000026005000021686 Acquiring bank: JSC “SENSE BANK”, MFO 300346 Email: BF_Logos@outlook.com Phone: +380967143957 Decision on inclusion of the non-profit organization in the Register of Non-Profit Institutions and Organizations: No. 1726504601786 dated 31.10.2017 Methods of making donations: – Through the payment form on the website https://bo-logos.com (Visa/Mastercard cards) – for all Donors. – By bank transfer to IBAN UA533003460000026005000021686 – exclusively for Ukrainian residents. Payment reference: “Charitable donation pursuant to the public offer. VAT-exempt.”