The terms of use of this website are governed by these policies. Please read them carefully before using the website itself, which is available at the following link: https://martakostyukfoundation.org/ua.html.
CO “MARTA KOSTIUK FOUNDATION”, EDRPOU Code 45008984, (hereinafter referred to as “We”, ” Foundation”, “Website”) is a charitable, non-profit organization located at 20 Yury Hnat Street, Kyiv, 03148, Ukraine. The Foundation is engaged in providing assistance to schools, children, scholarships and the development and popularization of tennis in Ukraine.
By using the Website, you (hereinafter referred to as “you”, “User”) consent to the collection and processing of your data in accordance with the laws of Ukraine and agree to the terms of use of this Website. If you do not agree to the terms of use of the Website, please do not use it.
The Terms of Use of this website stipulate that hereinafter, in the definitions of these Terms, the Foundation and the User are jointly referred to as the “Parties”.
Personal data is collected and used in connection with your use of the Website in accordance with our Privacy Policy, which you can find in the dedicated section of the Website.
In case of comments or suggestions regarding the operation or content of this website, any possible violations of the current legislation of Ukraine by this website, please contact us by e-mail: hello@martakostyukfoundation.org
1. General provisions
These Terms and any possible additions to them published on the Website, including the Privacy Policy and other policies available on the Website, constitute the entire and legally binding agreement between you and the CO “MARTA KOSTIUK FOUNDATION”, which regulates the use of the Website and the collection of charitable donations through the Website.
By continuing to use the Website, you represent and warrant that:
- You confirm that you have the full scope of civil legal capacity and legal capacity necessary to enter into and perform legal relations arising from the use of the Website;
- Your use of this Website does not violate any legal provisions of Ukraine;
- You agree to comply with these Terms of Use and all applicable legal requirements.
2. Scope of activities of the charitable organization
The Foundation was established in 2023 to promote tennis in Ukraine. The co-founder of the foundation is Marta Kostiuk, who was awarded a first racket title in the WTA world classification.
The Foundation actively helps to promote tennis as a sport in Ukraine, supports Ukrainian youth, provides tennis equipment for secondary schools, and helps physical education teachers to obtain qualifications to teach tennis in the absence of specialized facilities.
The main activities of the Foundation’s assistance are as follows:
- Promoting tennis among young people through modern content, multimedia projects, and educational initiatives;
- Introducing tennis into the school curriculum, including, among other things, access to equipment, education and training of physical education teachers;
- Providing scholarships for young tennis players from low-income families
- Other types of assistance that may be established and determined in accordance with the Foundation’s policy.
The Foundation reserves the right, at its discretion, to determine the individuals or legal entities in respect of which it carries out its activities and does not provide targeted financial assistance “on request”. This list may be expanded in the future, and the available information on the fund’s areas of focus is constantly updated and available on the Foundation’s website.
3. Terms of contribution to the Foundation
In this section, you can familiarize yourself with the terms of making a charitable contribution to the Foundation.
A charitable donation can be made in the form of a one-time replenishment to the Foundation’s details. You can make a donation by clicking on the interactive icon on the Website called “Support”.
The available methods for replenishment are:
- Deposit via mobile wallets (Apple Pay, Google Pay);
- Payment by bank card;
- Payment via online banking;
- Payment through payment systems (for example, WayForPay);
- Other methods that may be available in accordance with the current legislation of Ukraine.
We would like to emphasize that any charitable donation is voluntary and is not subject to further refund to the person making the charitable contribution.
The methods of Foundation replenishment may be supplemented or changed in future. Up-to-date information on the replenishment methods is available on the official website of the fund.
Please also note that if you make a deposit according to the terms of your bank/payment method, you may be charged an additional fee.
4. Use of third-party services on the Website
Some functions of the Website, in particular those related to making charitable payments, may be performed through the use of third-party services and/or websites that are not under the direct or indirect control of the Foundation.
The Foundation cannot and does not control the activities and operation of such services or websites, which may cause Users to have problems with access to certain aspects of the Website that are not directly controlled by the Foundation. Nevertheless, the Foundation undertakes to take all necessary measures to resolve problematic situations that may arise in connection with the unavailability of services.
We emphasize that the Foundation is not responsible for the functionality and services provided by third parties/parties/suppliers in case of technical problems with the functionality provided by them, damage and other financial obligations arising from the use of such services or websites.
The use of websites/services that are not controlled by the Foundation directly or indirectly is governed by the terms of use and all available policies of such websites. We emphasize that the Foundation cannot and is not responsible for the processing of personal data carried out by such websites/services and for the consequences of using such websites/services.
5. Intellectual property
The Website may contain intellectual property objects, including but not limited to wordmarks, logotypes, combined and other trademarks, trade names, domain names, copyrighted content, including but not limited to images, texts, videos, audio, graphics, tables, design elements and other creative solutions in terms of interface and content of the Website, program code, various software and solutions that may be used on the Website as part of it or by (hyper)linking to it, know-how, these and other objects, individually or collectively (hereinafter referred to as the “Intellectual Property”) owned, used or disposed by US, subject to the relevant proprietary and/or non-proprietary intellectual property rights (including moral rights) recognised and arising under the applicable law or other relevant jurisdiction, whether registered, not requiring registration or acquired through use, by us, our affiliates or other relevant owners (hereinafter referred to as the “IP Rights”).
We grant You access to the Website and a personal, revocable, non-exclusive, free, non-sublicensable license to use the Website, including the rights to view the Website’s content and copy the Website’s content with the obligation to indicate the source of such content under the fair use doctrine (hereinafter referred to as the “License”).
However, under no circumstances shall You acquire any ownership rights, legal title or interest in such Intellectual Property, and nothing in these Terms constitutes or should be construed as a transfer of IP Rights in such Intellectual Property. We and our affiliates and respective owners retain all the IP Rights, including the right to prohibit any use of such Intellectual Property at any time, and any rights not expressly granted to You by these Terms and the License are reserved by us, our affiliates and/or other respective owners.
Under the License, You are strictly prohibited from obscuring, removing or altering any marks, content or messages displayed on the Website.
Copying, reproducing, storing, publishing, renting, licensing, selling, distributing, changing (modifying, deleting, adding, reworking, revising) and any other interference with the content or code of the Website, or any other use of the Website and its content, elements or components for commercial purposes, in whole or in part, without our prior written permission is strictly prohibited.
Any use of the Website and its content, elements or components for any unfair purpose (“in bad faith”), such as imitation of the Website or use of its elements to cause us reputational damage, is strictly prohibited under any circumstances.
In addition, we respect the Intellectual Property and IP Rights of others. If You are the owner of certain IP Rights or its authorized representative, and You believe that your Intellectual Property has been used in violation of your IP Rights on our Website, You shall be entitled to send your notice in writing to our contact address posted on the Website or in these Terms and include a detailed description of the alleged infringement.
Please do not abuse this right, as you may be held financially liable for knowingly false, unjustifiable, unfounded and/or unsubstantiated communications, claims, threats of claims or publicly made demands.
6. Limitation of liability
The functionality and content of the Website are available and provided on an “AS IS” basis. Unless otherwise expressly provided in these Terms of Use or other policies on the Website, the Foundation disclaims all warranties to the extent permitted by law. This provision applies to the functionality of the Website, its content and availability.
The Foundation is responsible for the use of charitable contributions in accordance with the current legislation of Ukraine.
Due to the involvement of third parties and possible updates of the Website content, the Foundation does not guarantee the uninterrupted operation of the Website. This applies to, among other things:
- Accuracy of the information available on the Website;
- The usefulness of the information available on the website;
- Reliability and correctness of the Website.
By using the Website, you agree that you do not express any comments on possible problems with the functionality and content of the Website, except in cases that directly violate your rights.
The Foundation is not responsible if any information, materials, content available through the Website is inaccurate or incomplete, as well as for typographical errors or deficiencies in the text or other materials.
The Foundation, its founders, employees and other affiliates shall not be liable for any direct, indirect, incidental, special, and consequential damages related to the use or inability to use the Website and its functionality.
This shall also include any losses resulting from errors, omissions and interruptions in operation, defects, viruses, even if the Foundation has been previously notified of the possibility of such losses.
The foregoing disclaimers of warranties and limitations of liability shall apply to the maximum extent permitted by applicable law.
7. Responsibility for the use of the Website
To the maximum extent permitted by applicable law, you release the Foundation from liability, undertake to provide compensation for losses, if they occurred through your direct or indirect fault, and undertake to defend the CO “MARTA KOSTIUK FOUNDATION” its founders, partners, employees, contractors and other affiliates from any claims, liabilities, losses, damages and expenses, including reasonable legal and accounting fees, in any way related to or arising out of the same:
- your violation of the Website Terms of Use;
- your use or misuse of the Website, its content, features or services available on the Website;
- violation of the current legislation of Ukraine or the rights of any third parties.
In the event that due to your activities related to the use of the Foundation`s name, its symbols, Website or other intellectual property of the Foundation in an unlawful and/or illegal manner, you undertake to reimburse the Foundation for losses and expenses for any means of protecting the interests of the Foundation and affiliated persons (which includes payment for the services of lawyers, accountants, legal advisers, and other persons whose services the Foundation used to protect its rights).
The Foundation reserves the right to determine and pursue such legal remedies as it deems appropriate, including, but not limited to, cases where you release the Foundation from liability.
You agree and undertake to assist the Foundation in implementing its strategy for protecting its rights and interests in the event that its rights and interests have been violated through your direct or indirect fault.
8. The law governing the Website
The Foundation’s Website is governed by the laws of Ukraine. Any disputes arising out of the use of the Website shall be resolved in the courts of Ukraine.
We are not responsible if your use of the Website is directly prohibited by the laws of the country in which you are located. If the materials on the Website do not comply with the regulations of the country in which you are located or are located, we strongly urge you to leave the Website and/or limit your use of it.
We emphasize that we are not responsible for your use of the Website functionality in countries where it is prohibited.
9. Dispute resolution procedure
In the event of any disputes, claims or controversies directly or indirectly related to your use of this Website or disputes, claims or controversies relating to the Website Terms of Use, including but not limited to their validity, interpretation or application, such disputes, claims or controversies shall be resolved through amicable negotiations directly with the authorized representatives of the Foundation or their affiliates, in accordance with the principles of good faith dispute resolution and cooperation.
If the parties to such a dispute do not find a solution through the above-mentioned methods of conciliation, the dispute shall be resolved in the courts of Ukraine in accordance with the rules of the current legislation of Ukraine.
The parties to the dispute agree and acknowledge that recourse to the courts will be used as a last resort and undertake to resolve any dispute or controversy through negotiations between the parties and/or their affiliates or representatives.
Unless otherwise provided by law, the limitation period for any complaints shall be one year from the date on which the aggrieved Party became aware of the violation of its rights in accordance with the applicable laws of Ukraine.
10. Electronic notifications and messages
You may opt-in to receive personalized email alerts and communications from the Foundation, which may include, but are not limited to, the following:
- Notifications on current events, events and important milestones of the Foundation’s activities;
- To participate in competitions or joint projects of the Foundation with affiliated entities;
- Notification of updates to the Website (including notifications of current Website policies);
- Other relevant messages and notifications regarding the Foundation`s work.
In order to consent to the sending of personalized electronic notifications and messages, you must check the checkbox on the Website and consent to the processing of your personal data. Your personal data will be processed in accordance with the Foundation’s Privacy Policy, which is available on the Website.
You have the opportunity to opt out of receiving emails from us by following the instructions provided in personalized messages.
11. Final provisions
If any of the provisions of these Terms of Use are found to be invalid, illegal or unenforceable, this shall not affect the validity, legality and enforceability of the remaining provisions of these Terms of Use, which shall remain in full force and effect and be enforceable.
The Foundation reserves the right to make changes to these Terms at any time. In the event of material changes that may affect your rights or terms of use of the Website, we undertake to take all actions to notify you of such changes in advance, within a reasonable time before they become effective, by posting a notice on the Website or by sending an e-mail to your registered e-mail address, if you have agreed to receive electronic notifications.
12. Contact details of the Foundation
If you have any questions or comments about the Website or the work of the Foundation, you can contact us by sending an e-mail to hello@martakostyukfoundation.org
In accordance with the laws of Ukraine, your notice may be processed up to 30 (thirty) calendar days from the date of its receipt, but the Foundation will try to process your notice as soon as possible.
In case your question requires additional study, the Foundation reserves the right to respond to your message within forty-five (45) days. In this case, the Foundation will notify you in advance of the additional time for processing your message.