TulSun Foundation

Terms of Use for the TulSun Foundation Website

Last Updated: March 18, 2024

Please carefully read these Terms of Use of the TulSun Foundation website (hereinafter referred to as the “Terms”) before using the website of the Charitable Organization “Charitable Foundation “TULSUN” or making charitable contributions to the Foundation online through this website (hereinafter referred to as the “Site”). These Terms contain important information about your rights and obligations.

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

The terms “TulSun Foundation”, “TulSun”, “Foundation”, “we”, “us”, or “our” used in these Terms refer to the Charitable Organization “Charitable Foundation “TULSUN” – a non-profit organization (Company code – 41526841, address: 03680, Kyiv, Okhtyrskyi Lane, 7, Forum Victoria Park), which carries out charitable activities through the Site.

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

If you have any questions or comments regarding these Terms or the Site, please contact us at info@tulsun.foundation.

Full Agreement

Short version: These Terms constitute an agreement between us and our users. By using this Site, you agree to abide by these terms and all applicable laws and regulations. You must be of legal age.

These Terms and any rules published on the Site, including our Privacy Policy, constitute a full legally binding agreement between you (“you” or “user”) and TulSun Foundation, governing your use of the Site and the collection of charitable donations through the Site.

By using the Site, you hereby represent and warrant that:

  • Under the laws of your country, you are of legal age and have the right to enter into this agreement;
  • The laws of your country do not restrict you from using the Site;
  • You comply with these Terms and relevant legal requirements.

TulSun Foundation Directions of Activity

Short version: The TulSun Foundation website is designed for users who wish to make a charitable donation or otherwise assist the Foundation, as well as for children with disabilities and kids deprived of parental care from the Kyiv region who require assistance.

The Charitable Organization “Charitable Foundation “TULSUN” has been providing long-term assistance to Ukrainian children with disabilities and kids deprived of parental care from the Kyiv region since 2017, and supports Ukrainian businesses in developing social responsibility. The founder of the foundation is Karel Kinds. The Foundation is not affiliated with any political parties, commercial/religious organizations, or influential individuals and is funded by charitable contributions from individuals and legal entities. All foundation documents are available on our website in the “Reports & Founding Documents” section.

The TulSun Foundation website is a tool for carrying out charitable activities in the following directions:

  • Health;
  • Education;
  • Future;
  • Assistance during war.

The Website is intended for users who wish to make a charitable donation (“Donors”) or otherwise assist the Foundation (“Volunteers”), as well as directors of social institutions in the Kyiv region who require assistance (“Beneficiaries”).

How to Help

Short version: You can make one-time and monthly donations to the Foundation through the Website.

The funds received by the Foundation are turned into help for children. You can find financial and tax reports on the use of funds on the Website.

Through the Website, users can make donations to the Foundation, which uses them for the above-mentioned purposes. You can make a one-time donation or subscribe to a monthly payment for a certain amount, which can be canceled at any time through the settings.

Users can also make donations to specific needs of children by transferring funds according to the proposed list. The Foundation does not conduct targeted fundraising, instead, the Foundation purchases the necessary goods or equipment for specific children at the request of the directors of social institutions with which a Contract for the Provision of Charitable Assistance has been signed.

The funds raised by the Foundation are directed to medical services, dental treatment, school supplies, corrective equipment, rehabilitation services, Montessori materials, equipment for physical therapy and other assistance to children with disabilities and kids deprived of parental care in the Kyiv region.

Reports on the use of donations are published on the official pages of the Foundation in social networks and on the Website on a regular basis. In addition, annually the Foundation submits a report on the use of income (profits) of a non-profit organization to the tax office, reports are available on our Website.

Please note that payments through our Website are provided by a payment service provider that we do not control, namely Fondy. Once you follow the payment link, you must comply with the terms of use, privacy policy and other policies of such providers. In no event shall the Foundation be liable for payment data processed by such providers.

You can also make a donation using the website of our partner BeKind. All funds raised by our partner are transferred to the Foundation’s bank account.

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

How to Get Help

Short version: Children with disabilities and kids deprived of parental care who are staying/being raised/studying in social institutions of the Kyiv region of various types, as well as graduates of these institutions under the age of 21 can receive long-term assistance from the Foundation in the areas of health, education and the future.

Please note that the Foundation provides assistance exclusively to citizens of Ukraine under the age of 21 at the time of application, who reside / are being raised / educated or are graduates of a social institution of any type in the Kyiv region and have a need for dental treatment, medical services, rehabilitation courses, educational services / materials, school supplies, corrective equipment, Montessori materials, etc.

To apply to the Foundation for assistance, the authorized person, namely parents-guardians, caregivers, or directors of the social institution, must submit an official request in the form of a Letter of Appeal for charitable assistance in any form (preferably on official letterhead). The Letter of Appeal must contain information about the social institution, the age and number of children in need of assistance, as well as a detailed description of the need itself, etc. Information about the processing of provided personal data and your rights in this regard can be found in our Privacy Policy.

The Letter of Appeal will be processed by Foundation’s employees within 10 working days. You agree that if necessary, Foundation`s team may contact you for additional clarification.

If your Letter of Appeal is approved by the Foundation, you will need to enter into a Contract for the provision of charitable assistance with the Foundation.

The Foundation does not guarantee that you will receive the necessary assistance in full and within the specified timeframe, as this depends on the charitable contributions provided by Donors/Partners and the queue of Beneficiaries seeking assistance.

Volunteers

Short version: If you wish to help socially vulnerable children with your own knowledge, skills, or time, you can become a volunteer of the Foundation.

We invite you to help children not only with funds but also with volunteering. The Foundation always needs assistance from people of various professions: animators, photographers, videographers, designers, artists, athletes, lawyers, etc.

To become a volunteer of the Foundation, please send a letter with a request and your contact information to the email address o.kalinichenko@tulsun.foundation. The Foundation`s representative will contact you using the provided contact details and will inform you about how and when you can assist the Foundation in charitable activities, as well as provide you with introductory instructions if necessary.

Third-Party Services and Websites

Short version: When using sites and services we do not control, you are subject to the terms and conditions and privacy policies of such sites and services.

Some features of the Site, such as making charitable donations, may involve the use of third-party sites and services that are not controlled by the TulSun Foundation.

We will make reasonable efforts to help you resolve any problems that arise. However, we are not responsible for the content or functionality offered on such sites or by such third-party services, nor for any damages or losses that may result from your use of such third-party sites or services.

Please note that your use of third-party sites and services is subject to other terms and conditions and privacy policies. In no event shall the TulSun Foundation be responsible for any personal data processed by such 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 as set forth in these Terms.

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

Content, or any element thereof, may not be used without the prior written permission of the Foundation or the respective owners in any way not provided for in these Terms.

Subject to your compliance with the terms of these Terms, the Foundation grants you a limited, non-exclusive, revocable license, without the right to sublicense or transfer, to:

1) Use the Site from your personal devices on the terms and conditions set forth herein; and

2) Access and view any Content posted on or through the Site for your personal non-commercial use only.

As a result of downloading or creating copies of Content, you do not acquire any rights to such Content. You may not reproduce, publish, transmit, distribute, modify, create derivative works of, or otherwise use Content for commercial or illegal purposes without our prior written permission. You agree not to alter or remove any copyright notices from materials downloaded or printed from the Site.

The Foundation may modify the terms or revoke this license or terminate your access to Content at any time and for any reason without prior notice. Please note that the TulSun Foundation will protect its intellectual property rights to the fullest extent of the law, including criminal prosecution for serious offenses.

Disclaimer of Warranties and Limitation of Liability

Short version: We make no promises or warranties about the Site’s performance. We are not responsible for any damages or losses caused by your use or inability to use the Site or that otherwise arise under this agreement.

The TulSun Foundation Site is provided on an “as is” basis. Unless otherwise expressly provided in these Terms or other policies on the Site, the Foundation disclaims all warranties to the fullest extent permitted by law regarding the Site, its functionality, and its content.

The Foundation is responsible for the use of charitable donations in accordance with applicable Ukrainian law.

However, we make no promises or warranties, including regarding the accuracy, usefulness, reliability, and correctness of the Site’s operation. TulSun Foundation does not guarantee that the Site’s operation 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 is not responsible if any information, materials, or content available on the Site is inaccurate or incomplete, as well as for typographical errors or defects in the text or other materials.

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

The foregoing disclaimer of warranties and limitation of liability provisions shall apply to the fullest extent permitted by applicable law.

Indemnification

Short version: You are responsible for your use of the Site. If you cause harm to anyone else or get into a dispute, we will not be involved in resolving it.

To the fullest extent permitted by applicable law, you agree to indemnify, hold harmless, and protect TulSun Foundation, our partners, employees, contractors, and volunteers from any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, in any way connected with 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 any laws or rights of third parties.

You also agree to reimburse the Foundation for any damages and expenses incurred by the Foundation (including fees or expenses for lawyers, accountants, professional advisors, and other experts) in connection with the defense or settlement of disputes arising from your use of the Site for any unlawful or prohibited purposes.

We reserve the right to choose the methods of legal protection that we deem necessary, including cases in which you release us from liability. Therefore, you agree to cooperate with us in implementing our strategy of protecting our rights.

Governing Law and Dispute Resolution

Short version: This agreement is governed by Ukrainian law. We hope to resolve all issues amicably, but in the event of a serious dispute between us, it must be resolved in accordance with applicable Ukrainian law.

Except as otherwise provided in these Terms or any other policies, these Terms are written and interpreted in accordance with Ukrainian law.

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 knowing and complying with the laws of your jurisdiction.

Any dispute, conflict, claim or controversy directly or indirectly related to the Site or these Terms, including their validity, interpretation or application, shall be resolved through peaceful negotiations directly with the team of the Charitable Organization “Charitable Foundation “TULSUN” in accordance with the principles of good faith and cooperation. If a consensus cannot be reached through negotiations, the dispute shall be resolved exclusively in the courts of Ukraine, with due regard to the rules of jurisdiction, in accordance with the applicable substantive law of Ukraine.

All claims must be filed within one (1) year from the date of their occurrence, except in cases where the applicable law requires a longer period.

Electronic Messages

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

1) Site update notifications;

2) Information or materials related to your use of the Site, making charitable donations, and their use;

3) Information about updates to these Terms.

You have the option to unsubscribe from receiving electronic messages from us by following the instructions provided in such messages.

Other Terms

If any provision of these Terms is held to be unlawful, invalid, or unenforceable, the remaining provisions of these Terms shall 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 in any judicial or administrative proceeding 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 that are created and maintained in printed form.

We reserve the right to modify these Terms at any time. In the event of a material change that may affect your use of the Site or your rights as a user of the Site, we will notify you of such changes a reasonable time before they take effect by posting a notice on the Site or sending you an email.

Contact Information

If you have any questions or comments about these Terms, the Site, or the activities of the TulSun Foundation, please contact us:

info@tulsun.foundation
+380 93 822 88 98

03680, Kyiv, Okhtyrskiy Lane, 7, Forum Victoria Park