Public Offer of the «Charity Fund «Hareket» Public Fund
Вот точный, юридически выверенный перевод публичной оферты на английский язык с сохранением структуры, нумерации пунктов и официальной терминологии Республики Казахстан:
Terms and Definitions
- Donor – a legally capable physical person and/or legal entity making a Donation to the Fund by any accessible method, using any available means, for the purpose of its utilization in charitable activities.
- Fund – "Charity Fund "Hareket" Public Fund, BIN 170940025833, registered on September 21, 2017, a charitable non-profit organization operating in accordance with the legislation of the Republic of Kazakhstan.
- Donation – funds and/or other assets and/or intellectual property objects, as well as the assignment of the right of ownership, use, and disposal in respect of property objects, transferred by the Donor to the Fund on a gratuitous basis (without any reciprocal obligations arising from the Fund to the Donor).
- Website – the official website on the Internet, located at: www.xareket.kz.
1. Public Offer of the "Hareket" Charity Fund
1.1. This public offer, hereinafter referred to as the "Offer," constitutes a proposal by the "Charity Fund "Hareket" Public Fund, hereinafter referred to as the "Fund," represented by Director Aidana Kaldybekkyzy, acting on the basis of the Charter, to conclude a donation agreement, hereinafter referred to as the "Agreement," with anyone who responds to the Offer, under the conditions stipulated herein.
This proposal constitutes a public offer in accordance with Paragraph 5 of Article 395 of the Civil Code of the Republic of Kazakhstan.
1.2. The Offer shall enter into force on the day following the day of its publication on the Fund's website on the Internet at www.xareket.kz.
1.3. The Offer is open-ended and remains valid until the day following the day on which a notice of revocation of the Offer is published on the Website. The Fund reserves the right to revoke the Offer at any time.
1.4. The Fund is prepared to conclude donation agreements in a different manner and/or under conditions other than those stipulated by this Offer; for this purpose, any interested party has the right to contact the Fund to conclude an appropriate agreement.
2. Subject of the Agreement
2.1. Under this Agreement, the Donor transfers funds to the Fund as a voluntary charitable donation by any method convenient for the Donor, and the Fund accepts the charitable donation and utilizes it for the implementation of the Fund's Charitable Goals and its administrative expenses.
2.2. The execution of actions by the Donor under this Agreement is recognized as a donation in accordance with Article 516 of the Civil Code of the Republic of Kazakhstan.
2.3. The Donor transfers funds to the Fund free of charge, in an amount determined by the Donor, for the provision of Charitable Assistance to those in need by the Fund.
3. Activities of the Fund
3.1. The Fund provides assistance in the form of securing and purchasing housing for families in desperate need.
3.2. The activities of the Fund do not have the generation of profit as their purpose.
3.3. The Fund publishes information about its work and reports on the results of its activities on the website www.xareket.kz.
4. Making a Donation
4.1. The Donor independently determines the amount of the voluntary donation and remits it by any convenient method indicated on the website www.xareket.kz under the terms of this Agreement.
4.2.1. The fact of transferring a donation to the Fund’s account within the framework of the Fund’s projects constitutes the Donor's full consent to the terms of this Agreement.
4.2.2. If the donation transfer method selected by the Donor does not allow specifying the "payment purpose," the Donor has the right to clarify the purposes of the donation through another written method.
4.2.3. When transferring a donation, the Donor shall provide their contact details (email address and/or phone number) for proper identification of the payer.
4.2.4. The date of acceptance of the Offer, and consequently, the date of conclusion of the Agreement, shall be the date on which the Donor's funds are credited to the settlement account of the Fund.
5. Rights and Obligations of the Parties
5.1. The Fund undertakes to use the funds received from the Donor under this Agreement strictly in accordance with the current legislation of the Republic of Kazakhstan and within the framework of its statutory activities.
5.2. The Donor does not establish any timeframes for the utilization of the donation by the Fund.
5.3. Upon receiving a donation, the Fund independently specifies its utilization based on the budget items of the Fund's Charitable activities.
5.4. Upon receiving a donation specifying a purpose (for example, the last name and first name of a person in need), the Fund directs the donation toward helping that specific person. Except where a sufficient amount of funds has already been raised for those purposes or for that specific individual, the Fund shall use the positive difference between the amount of received donations and the amount required to assist the specific individual for the implementation of the Fund's Charitable Program, maintaining priority in using the remaining funds to assist other persons in need of similar help. By making a donation, the Donor agrees that after the purpose specified in the donation has been fulfilled, the Fund independently determines the purposes for utilizing the donation within the scope of the Fund's Charitable Program.
5.5. Donations received by the Fund are directed toward the implementation of the Fund's Charitable activities in accordance with the Fund's Charter and Law of the Republic of Kazakhstan No. 402-V dated November 16, 2015 "On Charity" (with amendments and additions as of July 1, 2023).
5.6. By making a donation, the Donor agrees that in accordance with Law of the Republic of Kazakhstan No. 402-V dated November 16, 2015 "On Charity" (with amendments and additions as of July 1, 2023), the Fund has the right to use a portion of the received funds to finance administrative expenses. The maximum amount of funds used for the Fund's administrative expenses cannot exceed 20 (twenty) percent of the total amount expended during the fiscal period.
5.7. The Donor grants the Fund consent to process personal data provided by the Donor when making a voluntary donation (Full Name, address, place of residence, email address, phone number, bank details), including transfer to third parties (on the basis of an agreement with the Fund), for the purpose of executing this Agreement, including the following actions: collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, and destruction of personal data. In all other cases, the Fund undertakes not to disclose the Donor's personal information to third parties without their written consent. An exception is made for requests for such information by state authorities empowered to demand such information. Consent to the processing of personal data remains valid until revoked by the Donor in writing.
5.8. The Fund bears no obligations to the Donor other than those specified in this Agreement.
6. Reporting
6.1. In the manner and within the timeframes established by the current legislation of the Republic of Kazakhstan, the Fund undertakes to publish a report on its activities on the Website, in social media networks, or in the mass media.
6.2. Beyond the reporting provided for in Paragraph 3 of the Offer, the Fund has the right, at its own discretion, to post any documents and materials on the Website for the information of Donors to demonstrate the targeted utilization of Donations.
7. Miscellaneous Conditions
7.1. A refund of a donation shall be executed by the Fund prior to the transfer of funds to the recipient or prior to the utilization of the funds, upon an individual application by the Donor submitted to the Fund's email address hareketalmaty@mail.ru or by postal mail to the legal address of the Fund, stating the reason for the refund and attaching the payment details, amount, date of dispatch, and an identification document. The Fund shall execute the refund within 7 (seven) business days from the date of the Donor's application, except where the Donor has applied after the expiration of 10 calendar days from the date the funds were sent.
7.2. The Fund has the right to amend the terms of this Offer at any time unilaterally without prior notice. The new edition of the Offer shall enter into force on the day of its publication on the Fund's website.
7.3. (Note: numbered as 7.1 in original text) In the event of disputes and disagreements arising between the Parties under this Agreement, they shall be resolved through negotiations and correspondence. If the disputes and disagreements cannot be settled through negotiations, they shall be submitted for consideration to the court at the location of the Fund.
8. Bank and Legal Details
The Fund is a legal entity established and operating in accordance with the current legislation of the Republic of Kazakhstan.
- Full Name: "CHARITY FUND "HAREKET" PUBLIC FUND
- BIN (Business Identification Number): 170940025833
- IIK (Individual Investment Account / IBAN): KZ91722S000001298489 (KZT)
- BIK (Bank Identification Code): CASPKZKA
- KBE (Beneficiary Economic Sector Code): 18
- Bank: "KASPI BANK" JSC
- Telephone: 8 747 500 20 29
- Email: hareketalmaty@mail.ru
- Legal Address: Republic of Kazakhstan, 050008, Almaty city, Almaly district, Shevchenko street, building 162/7, non-residential premises 5
Director of the "Hareket" Fund: Aidana Kaldybekkyzy
