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Terms & Conditions

Charitable Foundation “Boryviter”

Last updated 16th October 2022

Please read these Terms & Conditions of the Charitable Foundation “Boryviter” (“Terms”) carefully prior to using Boryviter Foundation’s websites (“Website”) or  donating through them. These Terms contain important information about your legal rights and obligations.

 

Note, by using the Website, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by and  comply with these Terms in full. If you do not agree with these Terms, please, do not continue to use the Website.

 

The "Boryviter" Charitable Foundation (registration number 44674444, address of location: 03035, Ukraine, city of Kyiv , Lypkivskyi Vasyl Metropolitan street, building 37B), may be referred to as “Boryviter”, “Foundation”, “we”, “us” or “our”, and carries out charitable activities through the Website.

 

Our collection and use of personal data in connection with your access to and use of the Website is described in our Privacy Notice. If you have any questions or comments about these Terms & Conditions or the Website, please contact us at hello@boryviter.charity.

Entire agreement

 

By using the Website, you agree to comply with its terms and all applicable laws and regulations. You must be legally capable to enter into this agreement.

These Terms and any policies, including our Privacy Notice and any operating rules posted in the Website, constitute the entire legally binding agreement and understanding between you ("you" or “user”) and Boryviter, governing your access to and use of the Website and collection of charitable donations through the Website.

When you use the Website, you hereby declare and warrant that:

(1) according to your local jurisdiction, you are of legal age and eligible to enter into the Agreement;

(2) according to your local jurisdiction, you have no restriction to use the Website;

(3) you comply with these Terms and all applicable laws and regulations.

 

Links to third-party websites 

 

You must follow other terms when using such websites or services that we do not control. 

 

Some features of the Website, for instance, making a charitable donation, may be made available or accessed in connection with third-party services that Boryviter does not control. We make every effort to solve all the problems that may occur. However, we are not responsible for the content and functionality of those or any other websites or services, as well as for any losses, damages or other liabilities incurred as a result of your use of any linked websites or services. You acknowledge that different terms of use and privacy policies may apply to your use of third-party websites, services, and content. Boryviter is not responsible for the personal data processed by third-party websites and services.

 

Content and intellectual property rights 

 

The Website is owned and controlled by the Foundation. All materials on the Website, including text, images, designs, graphics, information, icons, video, sounds, interfaces, software, trademarks, trade names, etc. (collectively, the “Content”), as well as copyright and other intellectual property rights to such  Content belong to the Foundation or posted with the consent of the owner. 

You are not allowed to use the Content or any of its elements in any way not provided for in these Terms without the prior written permission of the Foundation or owners of the Content. 

 

Subject to your compliance with these Terms, Boryviter grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to: 

 

(i) use the Website on your personal device(s) in the manner provided for in these Terms; and 

(ii) access and view any Content made available in or through the Website for personal, non-commercial use only. 

 

In case you download or copy the Content, no right, title or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. You are not allowed to reproduce, publish, transmit, distribute, modify, create derivative works or otherwise use the Content for commercial or illegal purposes without our prior written permission. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. 

 

The Foundation reserves the right to alter or revoke this license or cease your access to the Content at any time and for any reason without prior notice. You are also advised that we are determined to enforce our intellectual property rights to  the fullest extent of the law, including through civil remedies and criminal prosecution.

 

Warranties and Disclaimers, Limitation of Liability 

 

This Website is provided to you “as is”. Other than as expressly set out in these Terms or any of our policies on the Website, Boryviter disclaims all warranties regarding the Website, its features and content to the fullest extent permitted by law. 

 

The Foundation is responsible for the use of charitable donations in accordance with the current legislation of Ukraine. We are not making any promises of any kind, including about the Website’s accuracy, usefulness, reliability, and validity. Boryviter does not guarantee that the Website will be uninterrupted or secure, that any defects will be corrected, or that the Website is free of viruses or anything else harmful. 

 

The Foundation is not responsible if any information, materials, content available through the Website are inaccurate or incomplete, as well as for typographical errors or omissions in texts or other materials. 

 

In no event shall Boryviter, its founders, employees, contractors, or volunteers be liable for direct, indirect, incidental, special, punitive, or consequential damages related to any use or inability to use the Website, including, without limitation, any damages caused by mistakes, omissions, interruptions, defects, viruses, even if the Foundation has been advised of the possibility of such damages. 

 

The foregoing limitations of liability do not apply to the extent prohibited by law.

 

Indemnification 

 

You agree to defend, indemnify and hold harmless Boryviter, our partners, employees, contractors, and volunteers from and against any and all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from: 

 

(i) any breach by you of any of these Terms, 

(ii) your use/misuse of the Website, content or features available through the Website or 

(iii) a violation by you of applicable law or any agreement or terms with a third party to which you are subject. 

 

You also agree to reimburse Boryviter for any damage, loss, cost, or expense the Foundation incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the Website for any unlawful or prohibited purpose. We reserve the right to handle our legal defense however we see fit, including instances when you are indemnifying us. Therefore, you agree to cooperate with us, so we execute our strategy.

 

Applicable law and jurisdiction 

 

Except as otherwise set forth in these Terms or any policies, these Terms shall be exclusively governed by and construed in accordance with the laws of Ukraine. 

 

If any material in the Website or your use of the Website is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and we ask you not to use it. You are responsible for informing yourself of the laws of your jurisdiction and complying with them. 

 

Any dispute, conflict, claim or controversy directly or indirectly arising out of or in connection with the Website or these Terms, including those relating to its validity, its construction, or its enforceability, shall be resolved by means of amicable negotiations directly with Boryviter team in accordance with the principles of good faith and cooperation. If the negotiations may not reach the consensus, the dispute shall be settled exclusively in the state courts of Ukraine, subject to its jurisdiction rules, with the applicable substantive law of Ukraine. 

 

All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.

 

Electronic communications 

 

By providing your email via the Website, you understand and agree that we may send you via the provided contact details the communications, including 

 

(i) notifications on Website updates; 

(ii) information or materials regarding your use of the Website, making charitable donations, and their further use by the Foundation;

(iii) information on these Terms updates. 

 

You may unsubscribe from receiving these emails from us by following the instructions provided in such communications.

 

Other terms 

 

If any provision of these Terms is determined to be unlawful, void, or unenforceable, the remaining provisions of these Terms will continue to be fully valid and enforceable. 

 

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 these Terms. 

 

A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or related to the use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

 

We reserve the right, at any time at our sole discretion, to modify these Terms. In case of material changes affecting your use of the Website, we’ll notify you prior to the changes’ effective date by posting a notice on the Website or sending you an email.


 

Contact information 

 

If you have any questions or comments about these Terms & Conditions, the Website, or activities of Boryviter, please contact us by: hello@boryviter.charity

+ 380 66 945 6639 

37B Lypkivskoho str., Kyiv, Ukraine, 

03035

 

Disclaimer: The original, legally binding version of this document is written in Ukrainian and may be translated into other languages for the courtesy of our non-Ukrainian-speaking users. If there are any discrepancies between the Ukrainian version and a translated version, the Ukrainian version supersedes the translated version.

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