1. GENERAL PROVISIONS
1.1. This public offer of a voluntary charitable donation (hereinafter referred to as the “Offer”), in accordance with Article 641 of the Civil Code of Ukraine, is addressed to an indefinite number of persons – individuals and legal entities – visitors to the website on the Internet: https://unity.sigma.software/ (hereinafter referred to as the “Website”) (hereinafter collectively referred to as the “Donor”) and is an official and public proposal of the Sigma Software Unity Fund, identification code 45055856, registered address Ukraine, 61045, Kharkiv region, the city of Kharkiv, Otakara Yarosha Street, building 18, represented by the Chairman of the Board of Directors, Oleg Vankovych, acting on the basis of the Charter (hereinafter referred to as the “Foundation”), to conclude an agreement on a voluntary charitable donation (hereinafter referred to as the “Agreement”), the subject matter and essential terms of which are set forth below.
1.2. This Offer becomes effective from the moment it is posted on the Foundation’s Website on the Internet at https://unity.sigma.software/. This Offer is indefinite and may be amended or withdrawn by the Foundation at any time (before its acceptance by the Donor) by posting relevant information on the Website.
2. TERMS AND DEFINITIONS
2.1. Acceptance is the full and unconditional acceptance of the Offer by performing actions to make a money transfer using payment forms and means to the accounts of the Fund. The moment of acceptance is the date of crediting the funds to the current account of the Fund. The acceptance of the Agreement means that the Donor agrees with all its provisions, he/she is fully aware of the subject matter of the Agreement and the purpose of the donation.
2.2. Voluntary Charitable Donation means a money transfer by the Donor to achieve the goals, objectives, directions, and types of the Foundation’s statutory activities in accordance with the Agreement and the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
3. SUBJECT MATTER OF THE AGREEMENT
3.1. The subject matter of this Agreement is a gratuitous and voluntary transfer by the Donor to the Foundation of funds to achieve the goals, objectives, directions, and types of the Foundation’s statutory activities.
3.2. The Donor independently determines the amount of the Voluntary Charitable Donation and the purpose of such charitable donation by choosing among the programs (projects) and goals announced by the Foundation. The Donor shall bear all expenses related to the transfer of the donation.
3.3 A charitable donation is voluntary and shall not be subject to further return to the Donor.
3.4. The subject matter of this Agreement is not to obtain any profit directly or indirectly by any of the Parties to the Agreement.
3.5. The Agreement shall be concluded by the Donor’s unconditional and full accession to this Agreement and acceptance of all essential terms of the Agreement.
3.6. The Donor and the Foundation, guided by Art. 207, Part 2 of Art. 639, Art. 641, Art. 642 of the Civil Code of Ukraine, Art. 7 of the Law of Ukraine “On Charitable Activities and Charitable Organizations”, agree that the Agreement shall be deemed concluded in writing, without the need for a written copy to be signed by the Parties, from the moment the Donor performs the actions provided for in the Agreement, which indicate the consent to comply with the terms of the Agreement.
3.7. The Agreement is posted on the Website https://unity.sigma.software/ in a free access and in a manner that ensures that every person applying to the Foundation is familiarized with the content of this Agreement.
The Donor may NOT offer its own terms of the Agreement.
4. Rights and obligations of the parties
4.1 The Foundation has the right to:
– receive a Voluntary Charitable Donation and use it to achieve the goals, objectives, directions and types of the Foundation’s statutory activities in accordance with the Agreement and the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
4.2. The Foundation is obliged to:
– use the funds of the Donor’s charitable donation in strict accordance with the legislation of Ukraine and only within the framework of its statutory activities;
– at the request of the Donor, provide a report on the Voluntary Charitable Donation received and its use.
4.3. The Donor has the right to:
– transfer the Voluntary Charitable Donation to the account of the Foundation in the manner specified in the Agreement;
– to receive information on the use of his or her Voluntary Charitable Donation.
4.4. The Donor is obliged to:
– read in detail and carefully all the terms and conditions of the Offer and accept them when making a Voluntary Charitable Donation, as well as all additional rules governing the relations of the Parties under the Offer.
5. Place of the fundraiser
5.1. Voluntary Charitable Donations are collected in any country of the world.
6. The term of fundraising
6.1. The Voluntary Charitable Donation shall be collected until the liquidation of the Foundation unless otherwise determined by the Foundation.
7. Procedure for access to the Foundation’s reports
7.1. The Foundation shall post reports on the use of the Voluntary Charitable Donation on the Website in the form of a photo. Other information may be provided by the Foundation in the manner and within the terms provided for by the legislation of Ukraine.
8. Other terms and conditions
8.1. The Donor is responsible for the accuracy of the information provided when transferring the donation.
8.2. The Foundation processes the Donor’s personal data provided when visiting the Site and/or making a money transfer (hereinafter referred to as “personal data”) in order to properly implement this Agreement and its statutory activities. Detailed information on the procedure for processing personal data by the Foundation is available in the Privacy Policy.
9. FINAL PROVISIONS
9.1. The provisions of the current legislation of Ukraine shall apply to the relationship between the Donor and the Foundation.
9.2. The Foundation’s liability for violation of this Agreement or the procedure for using the Voluntary Charitable Donation shall be on the grounds, in the amount and in the manner prescribed by the current legislation of Ukraine.
9.3. Disputes arising between the parties to this Agreement shall be resolved through negotiations. If it is impossible to resolve disputes through negotiations, disputes shall be considered by the courts in accordance with the procedure established by the current legislation of Ukraine.
10. INFORMATION ABOUT THE FOUNDATION
Charitable Foundation “Sigma Software Unity Fund”
identification code 45055856
registration address Ukraine, 61045, Kharkiv region, Kharkiv city,
18 Otakara Yarosha Street
Chairman of the Board: Oleg Vankevich
099-777-55-20
help@unity.sigma.software
Version of the Offer from 22 april 2023
Published on the Website 22 april 2023