ON THE CONCLUSION OF A CHARITABLE DONATION AGREEMENT
- General Provisions
1.1. This public offer (hereinafter referred to as the “Offer”) is an offer of the Live Now charity foundation for supporting people with ALS and other neuromuscular diseases, OGRN 1157700009994, located at 32, Nizhegorodskaya St., Moscow, Bldg. 4, represented by the Director General Natalia Lugovaya, acting on the basis of the Charter (hereinafter referred to as the “Foundation”), to conclude a charitable donation agreement (hereinafter referred to as the “Agreement”) with any individual and/or legal entity who responded to such an offer (hereinafter referred to as the “Donor”).
1.2. The Foundation is a non-profit charitable organization, acting on the basis of the Charter, approved by the minutes of the Foundation Board No. 2 dated March 6, 2019 (hereinafter referred to as the “Charter”) and in accordance with the Federal Law No. 135-ФЗ dated August 11, 1995 “On Charity and Voluntary Work (Volunteering)” (hereinafter referred to as the “Law on Charity”), has the necessary rights to receive a Donation (as defined below) in the interests of carrying out its statutory activities.
1.3. This offer is a public offer in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation. The acceptance of the Offer by the Donor is equivalent to the conclusion of an Agreement on the conditions set forth in the Offer.
1.4. The Offer shall enter into force on the day following the day of its publication on the Foundation’s official website – http://www.alsfund.ru/ (hereinafter referred to as the “Website”).
1.5. The text of the Offer may be changed by the Foundation without prior notice and shall be valid from the day following the day of its posting on the Website.
1.6. The Offer is unlimited and is valid until the day following the day of posting on the Website a notice of cancellation of the Offer. The Foundation has the right to cancel the Offer at any time without any explanation.
1.7. The invalidity of one or several conditions of the Offer does not entail the invalidity of all other conditions of the Offer.
1.8. By accepting the conditions of the Offer, the Donor confirms the voluntary and gratuitous nature of the donation.
1.9. The Foundation is ready to conclude donation agreements in a different manner and (or) on other conditions than specified in the Offer, for which any interested person is entitled to apply to the Foundation for the conclusion of the corresponding agreement.
1.10. By agreeing to this Offer, the Donor gives its consent to receive newsletters from the Foundation, which it can refuse at any time by sending an email to firstname.lastname@example.org.
- Subject Matter of the Agreement
2.1. The Donor transfers the funds to the Foundation in the amount determined by the Donor voluntarily and free of charge in the manner of making a charitable donation (hereinafter referred to as the “Donation”), and the Foundation accepts the Donation and agrees to use it for the implementation of the statutory activities, including for comprehensive support and protection of people with amyotrophic lateral sclerosis (ALS) and other neuromuscular diseases and their families.
2.2. The implementation by the Donor of actions under this Agreement is recognized as a donation in accordance with Article 582 of the Civil Code of the Russian Federation.
- Procedure for Donation transfer and other conditions
3.1. The Donor shall independently determine the size of the Donation and transfer it to the Foundation in any way convenient for the Donor.
3.2. The Donor may:
3.2.1 Transfer the Donation with a payment order according to the details of the Foundation specified in Section 7 of the Offer, as well as use plastic (bank) cards, payment terminals, electronic payment systems and other means allowing the Donor to make a Donation.
3.2.2. Issue an order on the Website for regular (monthly) debit of a donation from a bank card.
An order shall be deemed executed after the successful completion of the first debit from the card using 3DS authentication, if the Donor has activated the corresponding service in its bank to ensure additional security when making online payments, and receiving notification of successful writing off to the Donor’s email address specified during the execution of the order.
An order for regular debiting shall be valid until the expiration of the card of the holder or until the Donor submits a written notice on the termination of the order. The notification should be sent to the email address email@example.com at least 15 calendar days before the date of the next automatic debit. The notice should contain the following data: last name and first name, as indicated on the card; the last four digits of the card from which the automatic debit is carried out; the email address to which the Foundation shall send a confirmation of the termination of the regular debiting.
3.2.3. Send a short text message (SMS) to the short number 3443 (only from phone numbers registered for an individual), with the text: ALS and the amount of the Donation.
3.2.4. Place cash in donation boxes installed by the Foundation or third parties on behalf of and in the interests of the Foundation in public places.
3.2.5. Transfer Donation in any other possible way.
3.3. The fulfillment by the Donor of any of the actions provided for in clause 3.2 of the Offer is considered an acceptance of the Offer in accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation.
3.4. The fact of Donation transfer testifies to the full and unconditional consent of the Donor with the terms of this Offer. The date of acceptance of the Offer and, accordingly, the date of conclusion of the Agreement is:
3.4.1. In the case provided for in clause 3.2.1 of the Offer, the date of receipt of the Donor’s funds to the Foundation’s current account, or, as appropriate, to the Foundation’s account in the payment system.
3.4.2. In the case provided for in clause 3.2.2 of the Offer, the date of sending a short text message (SMS) to short number 3443, indicating in the text: ALS and the amount of the Donation.
3.4.3. In the case provided for in clause 3.2.3 of the Offer, the date on which the authorized representatives of the Foundation withdraw funds from the donation collection box.
3.5. The place of conclusion of the Agreement is considered the city of Moscow, Russian Federation. In accordance with paragraph 3 of Article 434 of the Civil Code of the Russian Federation, the Agreement is considered to be concluded in writing.
3.6. The terms of the Agreement are determined by the Offer as amended (subject to changes and additions) valid (in force) on the day the payment order is executed or the day cash is deposited at the Foundation’s cash desk.
3.7. The Foundation undertakes to carry out all reasonably necessary actions to accept the Donation from the Donor and its proper use.
3.8. The Donor confirms that it has the right to independently make a Donation or has received the necessary consent and permission to make a Donation. The Parties hereby confirm that they are not aware of any circumstances or requirements that impede the transfer of the Donation to the Foundation.
3.9. By making a Donation, the Donor agrees that in accordance with the Law on Charity, the Foundation has the right to use part of the funds received to finance organizational and administrative expenses. The maximum amount of funds used for organizational and administrative expenses of the Foundation may not exceed 20 (twenty) percent of the amount spent for the financial year. This restriction does not apply to the remuneration of persons participating in the implementation of the charitable programs of the Foundation.
3.10. The Donation received from the Donor, partially or completely not spent according to the purpose of the Donation indicated by the Donor in the payment order, due to the closing of the need, is not returned to the Donor, but is redistributed by the Foundation independently to other relevant programs.
3.11. The Donor has the right to receive information about the use of its Donation by accessing the information posted on the Foundation’s official website (www.alsfund.ru). The Foundation publishes on the website information about their work and reports on the results of activities.
3.12. The Foundation informs the Donor about current programs through electronic, postal and SMS mailings, as well as using telephone calls.
3.13. At the request of the Donor (in the form of an electronic or usual letter), the Foundation is obliged to provide the Donor with information about donations made by the Donor.
3.14. The Foundation does not bear other obligations to the Donor, except for the obligations specified in this Offer.
3.15. Unless otherwise provided by applicable law, the Donation is not subject to VAT. A Donor being a legal entity confirms that a charitable donation was paid by it from the net profit. A Donor being an individual is entitled to receive a social tax deduction for the amount of charitable donations made by them.
- Dispute Resolution
4.1. All disagreements and disputes arising between the Parties in connection with or as a result of this Offer and/or Agreement shall be resolved through negotiations.
4.2. The parties shall be responsible for the accuracy of the information provided to each other.
4.3. For failure to fulfill or improper fulfillment of obligations under the Agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.
4.4. This Offer and the Agreement shall be governed by and construed in accordance with the laws of the Russian Federation. All disputes, disagreements or claims arising from this Offer and/or Agreement or in connection therewith, including relating to their execution, violation, termination or invalidity, if it is impossible to solve them through negotiations, shall be subject to resolution in courts at the location of the Foundation in accordance with the legislation of the Russian Federation.
- Consent to the use of personal data of Donors being individuals
5.1. By accepting the Offer, the Donor being an individual gives his/her consent to the Foundation to process his/her personal data provided by him/her when making the Donation (last name, first name, patronymic, address, place of residence, mobile phone number, email address, bank details and other data), including transfer to third parties, in order to fulfill obligations arising from or in connection with the conclusion of the Agreement, including the following: collection, recording, systematization, accumulation, storage, clarification (updating, amending), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.
5.2. The Foundation undertakes to anonymize the personal data of the Donor in the information materials published by the Foundation.
5.3. In relation to the personal data of the Donor, the Foundation undertakes to carry out only those actions for which the consent of the Donor has been obtained or in respect of which, in accordance with applicable law, the permission of the Donor is not required.
5.4. Consent to the processing of personal data is valid for the period necessary to achieve the processing goals, but may be withdrawn by the Donor at any time by sending a written notice to the Foundation at least 5 business days before the expected date of withdrawal of such consent.
- Consent to use information about Donors being legal entities
By accepting the Offer, the Donor being a legal entity gives the Foundation its consent and the right to process information about the Donor provided by the Donor when making a Donation (name, location, amount of donation and other information), including transferring to third parties for the purpose of fulfilling obligations arising from or in connection with the conclusion of the Agreement.
- Address and bank details of the Foundation:
Full name: Live Now charity foundation for supporting people with ALS and other neuromuscular diseases
Short name: Live Now foundation
Legal and postal address: 41-10 Khersonskaya St., Moscow, 117246
Actual address: 32 Nizhegorodskaya St., Bldg. 4, Office 117, Moscow, 109029
Branch Tochka Bank QIWI Bank (joint-stock company)
General Director N.V. Lugovaya