Public agreement (Offer)

This Public Agreement (offer) (hereinafter referred to as the “Public Offer”) is addressed to an indefinite number of individuals and legal entities (hereinafter referred to as the “Benefactor”) – visitors to the website of the Public Organization “Foundation for the Development of Medicine and Psychosocial Support” (NGO “MedPsi Foundation”) on the Internet https://medpsy.org. ua/ (hereinafter referred to as the “Site”, and is, in accordance with Article 633 of the Civil Code of Ukraine, an official and public offer of the NGO “MedPsi Foundation”, EDRPOU code 45616053 (hereinafter referred to as the “Public Organization”), represented by the Chairman Oleksandr Vladyslavovych Klementiev, acting on the basis of the Charter, to conclude an agreement on the provision of a charitable donation (hereinafter referred to as the “Agreement”), on the terms and conditions specified below:

  1. DEFINITION OF TERMS

1.1. Public Offer – an offer of the Public Organization posted on the Website

medpsy.org.ua and addressed to any individual and/or legal entity, including, but not limited to, the Donor, in accordance with Article 641 of the Civil Code of Ukraine to enter into an agreement with it on the terms contained in the public offer.

1.2. Acceptance is the full and unconditional acceptance by the Benefactor of the Public Offer of the Public Organization by taking actions to make a money transfer using the payment forms and means posted on the Site, as well as by transferring funds to the current account of the Public Organization through bank institutions. The moment of Acceptance is the fact of making a money transfer and/or crediting funds to the bank account of the Public Organization.

1.3. Charitable Donation is a free-of-charge transfer of funds by the Donor to the Public Organization to achieve certain goals and programs of the Public Organization in accordance with its Charter, this Agreement and the Law of Ukraine “On Public Associations”.

1.4. Donor means a legally capable individual or legal entity of private law that has accepted this Public Offer and voluntarily makes a Charitable Donation.

1.5. Website means the website of the Public Organization on the Internet at the following address: https://medpsy.org.ua/

  1. SUBJECT OF THE AGREEMENT

2.1. The subject matter of this Agreement is the free and voluntary transfer by the Donor to the ownership of the Public Organization of funds by making a voluntary Charitable Donation aimed at ensuring that the Public Organization carries out its statutory activities.

2.2. The Donor independently determines the amount of the Charitable Donation, but in any case such amount may not be less than UAH 100.

2.3. The subject matter of this Agreement is not to obtain any profit directly or indirectly by either Party to this Agreement.

  1. PURPOSE OF THE AGREEMENT

3.1. The purpose of this Agreement is to achieve a socially useful goal through the accumulation of charitable contributions for:

  • creating opportunities for citizens to receive high-quality, affordable and scientifically advanced medical, psychological and social and humanitarian assistance
  • promoting the creation of organizational and legal conditions for scientific research;
  • support for medical, scientific institutions and think tanks dealing with the problems of restoring the health of war victims;
  • identifying the needs for medical and psychosocial assistance among various population groups, primarily people with mental disorders, including participants in armed conflicts and other persons affected by armed conflicts and their consequences;
  • conducting educational work and providing up-to-date, objective and scientifically based information on the latest methods of health recovery;
  • promoting the training and advanced training of specialists, including psychotherapists and medical professionals, according to the best international standards;
  • support for public and international public health initiatives;
  • establishing and developing relations with scientific institutions, public organizations, other individuals and legal entities dealing with the problems of restoring the health of war victims in Ukraine and other countries;
  • conducting various events, including online, to discuss the implementation of innovative methods of restoring the health of war victims in Ukraine with the involvement of various stakeholders, including representatives of state authorities and local governments, the scientific and medical community, practicing psychologists and psychotherapists, representatives of organizations of veterans of the ATO, JFO, the Russian-Ukrainian war and other armed conflicts, and other persons affected by armed conflicts and their consequences;
  • Participation in the development of draft laws and other regulatory acts that contribute to the improvement of medical and psychosocial care;
  • conducting scientific, including clinical, research;
  • realization of other statutory goals of the Public organization.
  1. ACCEPTANCE

4.1 Acceptance of the Public Offer means that the Donor agrees with all the terms of this Public Offer, understands and agrees that the Charitable Donation will be used to achieve the goals and programs provided for by the Charter of the Public Organization, which he can read by sending a request to the e-mail address fund.medpsy@gmail.com.

4.2. The Donor understands and unconditionally agrees to the right of the Public Organization to use a part of the Donor’s Charitable Donation for the administrative expenses of the Public Organization in the amount not exceeding the amount provided for by the legislation of Ukraine.

4.3. The Parties agree that from the moment of acceptance by the Donor of this Public Offer, this Agreement shall be deemed to be concluded in writing in accordance with Articles 207, 639, 641 and 642 of the Civil Code of Ukraine. The Parties agree that the failure of the parties to comply with the written form of the transaction does not mean its invalidity.

  1. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Public Organization has the right to:

– Receive Charitable Donations and use them in accordance with the subject matter and terms of this Agreement and its statutory activities;

– without the Donor’s consent, to change the areas of use of the Charitable Donation within the statutory activities of the Public Organization

– without the Donor’s consent, use a part of the Charitable Donation for the administrative expenses of the Public Organization in the amount stipulated by the legislation of Ukraine;

– publish on the Site or in any media the surname, name and patronymic or commercial name of the Donor as the Donor of the Public Organization. By accepting this Public Offer, the Donor agrees to such publication and no other additional consent of the Donor is required. In case the Donor disagrees with such publication, he/she has the right to refuse to publish the data of the Donor as the Donor of the Public Organization specified in this clause;

– collect, process, store, transfer to third parties the data received from the Donors, except for their financial data.

5.2. The Public Organization is obliged to:

– in case of use of the Charitable Donation contrary to the purposes of this Agreement, return the funds to the Donor on the basis of his/her written application, which shall be sent by registered mail with a description of the attachment to the legal address of the Public Organization indicated on the Website;

– provide a report on the use of Charitable Donations at the written request of the Donor, which shall be sent by registered mail with a description of the attachment to the legal address of the Public Organization indicated on the Website.

5.3. Rights of the Donor:

– to make a Charitable Donation to the Public Organization without any limitations as to the amount and number of times;

– join the Public Organization and pay membership fees;

– purchase book products at special prices in the online store of the Public Organization;

– participate in the loyalty programs of the Public Organization’s partner companies;

– to control the targeted use of the Charitable Donation;

– refuse to allow the Public Organization to publish the Donor’s data (surname, name and patronymic or commercial name of the Donor) as the Donor on the Website or in any media.

5.4. Responsibilities of the Donor:

– To familiarize themselves with the terms of this Public Offer before accepting it. In case the Donor disagrees with any of the terms of this Public Offer, he/she shall not accept it and shall immediately leave the web page of the Website where the possibility of making a Charitable Donation is provided.

  1. PLACE OF PUBLIC FUNDRAISING

6.1. The public collection of Charitable Donations shall be conducted in any country of the world. Direct activities of the Public Organization related to the public collection of Charitable Donations under this Agreement shall be carried out at the location of the Public Organization.

  1. FUNDRAISING PERIOD

7.1. The public fundraising lasts until the termination of the activities of the Public Organization (including through liquidation), unless another term is determined by the decision of the Public Organization, of which the Donor will be notified by posting the relevant information on the Website.

  1. PROCEDURE FOR USING CHARITABLE DONATIONS

8.1. The Charitable Donations collected under the Agreement shall be used in accordance with the purposes determined by the statutory activities of the Public Organization and the current legislation of Ukraine.

8.2. The Public Organization disposes of Charitable Donations at its own discretion within the limits established by its Charter.

8.3. Charitable Donations received by the Public Organization may be returned to the Donor only in cases provided for by the legislation of Ukraine.

8.4. The Donor, by making a charitable donation, understands and agrees that in case of receipt of excess funds, i.e., the amount exceeding the amount required for a particular project, these funds may be redistributed or used by the administration to support other charitable initiatives or projects of the organization.

8.5. By making a charitable donation, the donor realizes and agrees that such donations are voluntary and non-refundable. The donated funds are non-refundable, regardless of further circumstances or decisions on the use of these funds.

  1. RESPONSIBILITY OF THE ORGANIZATION

9.1. The Public Organization shall be liable in accordance with the current legislation of Ukraine for violation of the terms of this Agreement and for using Charitable Donations in contravention of the procedure provided for by the statutory activities of the Public Organization and the legislation of Ukraine.

  1. PROCEDURE FOR PUBLIC ACCESS TO THE ORGANIZATION’S FINANCIAL STATEMENTS

10.1. Access to the financial reports on the use of the funds of the Public Organization collected by the Donors shall be provided by the Donor, provided that he/she is a member of the Public Organization, at the written request of the Donor, which shall be sent by registered mail with a description of the attachment to the legal address of the Public Organization indicated on the Website. Other information shall be provided by the Public Organization in the manner and within the time limits stipulated by the legislation of Ukraine.

10.2. By making the Acceptance, the Benefactor confirms that he/she is familiarized with and authorizes the processing of his/her personal data in order to fulfill the terms of the Public Offer.

10.3. By accepting the Public Offer, the Benefactor confirms that he/she is aware of his/her rights under the Law of Ukraine “On Personal Data Protection”. The scope of the Donor’s rights as a subject of personal data in accordance with the Law of Ukraine “On Personal Data Protection” is known and understood by him/her.

10.4. By accepting the Public Offer, the Benefactor grants the Public Organization consent to the processing, collection, storage, use and disclosure of his/her personal data by the Public Organization in any manner provided for by the current legislation of Ukraine, in connection with the implementation of the statutory activities of the Public Organization and in accordance with the procedure established by the Law of Ukraine “On Personal Data Protection” and local acts of the Public Organization that establish the procedure for processing and protection of personal data (if any).

  1. CONSENT TO THE PROCESSING OF PERSONAL DATA

11.1. By making the Acceptance, the Benefactor confirms that he/she is familiarized with and authorizes the processing of his/her personal data in order to fulfill the terms of the Public Offer.

11.2. By accepting the Public Offer, the Benefactor confirms that he/she is aware of his/her rights under the Law of Ukraine “On Personal Data Protection”. The scope of the Donor’s rights as a subject of personal data in accordance with the Law of Ukraine “On Personal Data Protection” is known and understood by him/her.

11.3. By accepting the Public Offer, the Benefactor gives the Public Organization consent to the processing, collection, storage, use and disclosure of his/her personal data by the Public Organization in any manner provided for by the current legislation of Ukraine, in connection with the implementation of the statutory activities of the Public Organization and in accordance with the procedure established by the Law of Ukraine “On Personal Data Protection” and local acts of the Public Organization.

  1. OTHER TERMS OF THE AGREEMENT

12.1. All expenses (payment of the commission, etc.) associated with the Donor’s making of the Charitable Donation shall be borne by the Donor.

12.2. By accepting this Public Offer, the Donor agrees that by entering information about himself/herself when making a Charitable Donation and/or registering on the Website, he/she subscribes to the newsletter of the Public Organization, which will be sent to the Donor’s e-mail address or contact phone number specified during the registration of the Donor on the Website or when making a Charitable Donation.

12.3. The non-governmental organization is exempted from liability for disclosure of personal data received on the basis of the law from publicly available sources, as well as information and data that have been disclosed or published or otherwise available in the media and the Internet.

Public organization “Foundation for the Development of Medicine and Psychosocial Support” (NGO “MedPy Foundation”)

EDRPOU code: 45616053

Registration address: Kyiv, 7 Olena Telyhy St., 40

Account UA293004650000026002300794693 in the Oschadbank of Ukraine, MFO 322669