Home » Terms of Use

Terms of Use

Please read these Terms of Use of the website zatyshok.org (hereinafter referred to as the “Terms”) carefully before using the website of the Charitable Foundation “Borzhavska nadiia” or making charitable contributions to the Foundation online through such websites (hereinafter referred to as the “Website”). These Terms contain important information about your rights and obligations.

By using the Site on which these Terms are posted, you confirm that you have read the Terms, understand their content and undertake to comply with these Terms in full. If you do not agree to these Terms, please do not use this Site.

The terms “Zatyshok”, “Borzhavska nadiia”, “Foundation”, “we”, “us” or “our” used in these Terms mean the Charitable Foundation “Borzhavska nadiia” – a non-profit organization (EDRPOU code 44896084, address: 90011, Transcarpathian region, Khust district, Pylypets village, house №343), which carries out charitable activities through the Site.

The collection and use of personal data in connection with your use of the Site is carried out in accordance with our Privacy Policy.

If you have any questions or comments about these Terms or the Site, please contact us at helpborzhava@ukr.net.

Full agreement

Short version: These Terms are an agreement between us and our users. By using this Site, you agree to be bound by these terms and all applicable laws and regulations. You must have the appropriate level of civil capacity.

These Terms and any rules posted on the Site, including our Privacy Policy, constitute the entire legally binding agreement between you (“you” or “user”) and Borzhavska nadiia governing your use of the Site and the collection of charitable contributions through the Site.

By using the Site, you hereby declare and confirm that:

  • in accordance with the laws of your country, you have the necessary level of civil capacity to enter into this agreement;
  • the laws of your country do not restrict you from using the Site;
  • you will comply with these Terms and Conditions and applicable legal requirements.

Areas of activity of “Borzhavska nadiia”

Short version: The zatyshok.org website is intended for users who wish to make a charitable contribution or otherwise help the Foundation in the project of the orphanage for children of war “Zatyshok”.

Borzhavska nadiia Charitable Foundation grew out of a private initiative in 2022, when the war in Ukraine began. The Foundation provides assistance to children affected by the war, supports the Armed Forces, promotes volunteering and charity in Ukraine.

The founders of the Foundation are Carpathian Mountain Resorts – Borzhava LLC and Mariia Makarenko. The Foundation does not belong to any political parties, commercial organizations or influential persons and is funded by charitable contributions from individuals and legal entities. All documents of the Foundation are available on our website in the section “Reporting and documentation”.

The website zatyshok.org is a tool for charitable activities in the following areas

  • assistance to displaced boarding schools and orphanages;
  • assistance to children who were left without parental care due to military aggression;
  • assistance to children in difficult life situations;
  • development of volunteering and charity.

The site is intended for users who wish to make a charitable contribution (“Donors”).

I want to help

Short version: You can make one-time and monthly charitable payments to the Foundation through the Site. The funds received by the Foundation are used to help children and develop volunteering and charity. You can get acquainted with financial and tax reports on the use of funds on the Site.

Through the Site, users can make charitable contributions to the Foundation, which uses them in the above areas. You can make a one-time donation or subscribe to a monthly payment for a certain amount, which can be canceled at any time using the settings of your Personal Account.

Reports on the use of charitable contributions are prepared by the Foundation and are constantly published on the pages of the Foundation in social networks. The Foundation annually submits to the tax inspection a report on the use of income (profits) of a non-profit organization. These reports are also available for review on our website.

Please note that payments through our Site are provided by a payment service provider over which we have no control, namely PayPal.

Once you click on the link for payment, you must comply with the terms of use, privacy policy and other policies of such provider. The Foundation is not responsible for the processing of personal data, including payment information, requested by such provider.

Payment is made in accordance with the terms and conditions of your bank. The Fund does not have information on the terms of banking transactions, including, but not limited to, the amount of commission for money transfers, currency exchange transactions, etc.

To transfer financial assistance through our Website, you must provide information about yourself. Learn more about how we process your personal data in our Privacy Policy.

Third Party Services and Websites

Short version: When using sites and services that we do not control, you must comply with other terms of use and privacy policies.

Some functions of the Site, such as making a charitable payment, involve the use of third-party services and sites that zatyshok.org does not control.

In case of problems, we will make every effort to solve them. However, we are not responsible for the content and functionality that may be offered on such sites or such third-party services, as well as for any loss, damage or other monetary liabilities arising from your use of such third-party sites or services.

Please note that your use of third-party sites and services is subject to different terms of use and privacy policies. In no case zatyshok.org is responsible for the processing of your personal data by third-party sites and services.

Content and intellectual property

Short version: The Foundation owns the Site and all its content. We grant you certain rights to use the Site and content to the extent provided for in these Terms.

The Site is owned and controlled by the Foundation. All materials on the Site, including texts, images, design, graphics, information, logos, audio and video recordings, interfaces, software, trademarks, trade names and others (the “Content”), as well as copyright and other intellectual property rights in such Content, are owned by the Foundation or posted with the consent of the owner.

The Content, or any of its elements, may not be used without the prior written permission of the Fund or the respective owners in any way not provided for in these Terms.

Subject to your compliance with these Terms, the Fund grants you a limited, non-exclusive, revocable license, without the right to sublicense and transfer, to

  • use the Site from your personal devices on the terms and conditions provided herein;
  • access and view any Content posted on or through the Site solely for your personal, non-commercial use.

As a result of downloading or making copies of the Content, you do not obtain any rights to such Content. You may not reproduce, publish, transmit, distribute, modify, create derivative works from, or otherwise exploit the Content for any commercial or unlawful purpose without our prior written permission. You agree not to alter or remove any proprietary notices from materials downloaded or printed from the Site.

The Foundation may modify or revoke this license or terminate your access to the Content at any time and for any reason without notice. Please note that zatyshok.org will protect its intellectual property rights by all available means of legal protection, including criminal prosecution for serious offenses.

Disclaimer of warranties and limitation of liability

Short version: Our Site is provided on an “as is” basis and we make no promises or warranties about its operation. We are not liable for any loss or damage caused by your use or inability to use the Site or otherwise arising under this agreement.

The zatyshok.org website is provided on an “as is” basis. Unless otherwise explicitly provided by these Terms or other policies on the Site, the Foundation disclaims all warranties to the maximum extent permitted by law with respect to the Site, its functionality and content.

The Foundation is responsible for the use of charitable contributions in accordance with the current legislation of Ukraine.

However, we do not make any promises or warranties, in particular, regarding the accuracy, usefulness, reliability and correctness of the Site. zatyshok.org does not warrant that the operation of the Site will be uninterrupted or secure, that any defects will be corrected or that the Site is free of viruses or other harmful elements.

The Foundation shall not be liable if any information, materials, content available on the Site are inaccurate or incomplete, as well as for typographical errors or deficiencies in the text or other materials.

In no event shall the Foundation, its founders, employees or contractors be liable for any direct, indirect, incidental, special, exemplary or consequential damages in connection with the use or inability to use the Site, including, but not limited to, any damages resulting from errors, omissions, interruptions, defects, viruses, even if the Foundation has been advised of the possibility of such damages.

The above provisions regarding the disclaimer of warranties and limitation of liability shall apply to the maximum extent permitted by applicable law.

Indemnification of damages

Short version: You are responsible for your use of the Site. If you cause damage to someone else or get into a dispute, we will not participate in its resolution.

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless zatyshok.org i, our partners, employees and contractors from and against any and all claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees, in any way related to or arising out of

1. your breach of any of the provisions of these Terms;

2. your use/misuse of the Site, content, features available on the Site;

3. your violation of laws or rights of third parties.

You also agree to indemnify the Fund for any losses and expenses incurred by the Fund (including fees or expenses of attorneys, accountants, professional advisers and other experts) in connection with the defense or settlement of disputes arising out of your use of the Site for any unlawful or prohibited purpose.

We reserve the right to pursue such legal remedies as we deem appropriate, including in cases where you release us from liability. You therefore agree to cooperate with us in implementing our strategy to protect your rights.

Applicable law and dispute resolution

Short version: This agreement is governed by the laws of Ukraine. We hope to resolve all issues amicably, but in the event that a serious dispute arises between us, it must be resolved in a court of Ukraine.

Except as otherwise provided in these Terms or any other policies, these Terms are written and construed in accordance with the laws of Ukraine.

If any material on the Site or your use of the Site is contrary to the laws of your location, the Site is not intended for you and we ask you not to use it. You are responsible for familiarizing yourself with and complying with the laws of your jurisdiction.

Any dispute, conflict, claim or controversy directly or indirectly related to the Site or these Terms and Conditions, including their validity, interpretation or application, shall be resolved through amicable negotiations directly with the team of the Charitable Foundation “Everyone Can” in accordance with the principles of good faith and cooperation. If no consensus can be reached through negotiations, the dispute shall be resolved exclusively in the courts of Ukraine, subject to the rules of jurisdiction, in accordance with the current substantive and procedural law of Ukraine.

All claims must be brought within one (1) year of their occurrence, unless a longer period is required by applicable law.

Electronic communications

By providing us with your email through the Site, you understand and agree that we may send you messages to the contact details you provide, including:

1. notifications of updates to the Site;

2. information or materials related to your use of the Site, making charitable contributions and their use;

3. information about updates to these Terms.

You have the opportunity to refuse to receive electronic messages from us by following the instructions provided in such messages.

Other terms and conditions

The invalidity of any provision of these Terms will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.

We may transfer our rights and obligations under these Terms to a third party, but this will not affect your rights or our obligations under this agreement.

A printed version of these Terms is admissible as evidence in judicial or administrative proceedings arising out of or in connection with the use of the Site to the same extent and under the same conditions as other business documents and records created and maintained in printed form.

We reserve the right to make changes to these Terms at any time. If we make changes to these Terms, we will indicate the date of the new version (at the top of this page). The amended Terms of Use will be effective and applicable to you from the date of such revision. Therefore, we advise you to review these Terms periodically.