for voluntary charitable donations (free transfer of property, money) for public benefit (charitable purposes)

This offer is addressed to an unspecified number of individuals and legal entities (hereinafter referred to as the “Donor”) – visitors to the Site https://www.superhumans.com/ owned and operated by Foundation “FUNDACJA HELPUKRAINE“, registration number 52183938600000, incorporated under the laws of Poland, having its office at 39A Tomasza Zana street, Lublin, Poland, 20634, (hereinafter – the “Site”), and is an official and public offer of Foundation “FUNDACJA HELPUKRAINE“, registration number 52183938600000, incorporated under the laws of Poland, having its office at 39A Tomasza Zana street, Lublin, Poland, 20634 (hereinafter – the “Organisation“), to enter into an Agreement on a charitable donation (hereinafter – the “Agreement”), the subject and essential conditions of which are indicated below:

1. Terms and Definitions:

Public Offer – a valid proposal of the Organisation, posted on the Site, for the provision of a charitable donation, addressed to an unlimited number of individuals, including the Donor.

Acceptance – full and unconditional acceptance of the Public Offer by making a money transfer through payment forms and tools posted on the Site, as well as by transferring funds to the settlement account of the Organisation through bank institutions. The moment of Acceptance is the date of the money transfer and/or the crediting of funds to the Organisation’s bank account.

Charitable donation – the voluntary transfer of money by the Donor for the achievement and implementation of the goals, objectives, directions and types of statutory activities of the Organisation in accordance with the Contract, the Statute of the Organisation and the Law of Ukraine “On Charitable Activities and Charitable Organisations”.

2. Subject of the Agreement:

The subject matter of this Agreement is the free transfer of funds from the Donor to the Organisation through voluntary donations for the purpose of carrying out the Organisation’s statutory activities. 

The donation is voluntary and non-refundable, and the Donor determines the amount of the donation. 

The Donor may specify the purpose of the donation by choosing among the programs or projects announced by the Organisation.

3. There are two ways to make a donation:

  • a one-time payment; 
  • a subscription that involves monthly or annual payments in any amount. 

The subscription can be canceled at any time through the user’s bank services.

4. By accepting this offer, the Donor agrees to all of its terms and fully understands and agrees with the subject matter of the Agreement, the purpose of the public fundraising, and the Organisation’s right to use a portion of the Donor’s charitable donation for the Organisation’s administrative expenses, as permitted bylaw.

5. The Donor and the Organisation agree that from the moment of acceptance of the contract, it is considered concluded in writing. The parties also agree that failure to comply with the written form requirement does not render the legal act invalid.

6. Rights and obligations of the Organisation:

6.1 The Organisation has the right 

  • to receive charitable donations and use them to achieve its goals, tasks, directions, and types of statutory activities in accordance with the contract and the Organisation’s corporate documents.
  • to change the directions of the use of the donation within the scope of its statutory activities without the Donor’s consent. 
  • to use a portion of the charitable donation for its administrative expenses.

6.2 The Organisation is obliged:

  • to use the received charitable donations in accordance with the subject and conditions of this Agreement and the Organisation’s corporate documents;
  • to report on the use of charitable donations in the manner determined by this Agreement and the current legislation of Poland.

7. The benefactor has the right to control the intended use of the charitable donation.

8. Place of public fundraising:

The public collection of charitable donations is carried out on the territory of any country in the World. The direct activity of the Organisation related to the public collection of donations under the Agreement is carried out at the location of the Organisation.

9. Deadline for fundraising:

The public collection of charitable donations continues until the moment of liquidation of the Organisation, unless another term is determined by the Organisation.

10. Purpose of collection and procedure for using charitable donations:

The Organisation collects funds to support the Ukrainian people by financing a state-of-the-art rehabilitation center for adults and children injured during the war. Medical center will focus on personalized approach to body reconstruction; limb prothesis; PTSD; rehabilitation; reconstruction surgery.

11. Procedure for general access to the Organisation’s financial reports:

Access to reports on the use of charitable donations by the Organisation is provided to the Donor upon his/her written request. Other information is provided by the Organisation in the manner and within the time limits provided by the current legislation of Poland. The Organisation may publish information about the use of charitable donations on the Site.

12. The Donor bears all expenses associated with the payment of amounts (commissions) related to the transfer and crediting of charitable donations.

13. The Donor is responsible for the accuracy of the information provided by him/her when transferring voluntary charitable donations.

14. This Agreement and any claim, controversy, or dispute relating to or arising hereunder shall be governed by and construed and interpreted in accordance with the law of Poland.

15. Acceptance also means that the Donor – a natural person is informed and agrees to the following:

  • The Donor gives unconditional consent to the Organisation for the processing of their personal data provided when visiting the Site and/or making a money transfer (hereinafter referred to as personal data), and has been informed about the inclusion of such information in the Organisation’s personal data database and all rights regarding the protection of their personal data provided by the Art. 6 sec. 1 letter b, letter c and letter f of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.
  • The Organisation processes personal data by any means for the proper implementation of this Agreement and its statutory activities.

16. The relations between the Donor and the Organisation are governed by the provisions of Polish legislation.