1. GENERAL PROVISIONS
1.1. This public offer of charitable donation (hereinafter referred to as the ‘Offer’), in accordance with Art. 641 of the Civil Code of Ukraine, is a proposal of the Public Organisation All-Ukrainian Association “Patriot”, EDRPOU code 39251370, registered at 08131, Ukraine, Kyiv region, Sviatoshynskyi district, Sofiyivska Borshchahivka village, 24 Kyivska str. 24 (hereinafter referred to as the ‘NGO’), represented by the Head of the Board of Directors, Mayboroda Anna Anatoliyivna, acting on the basis of the Charter, to an indefinite number of capable individuals and legal entities of private law that voluntarily carry out charitable activities (hereinafter each of such persons is a ‘Donor’), to conclude an agreement on the provision of a charitable donation (hereinafter referred to as the ‘Agreement’) on the terms described in this Offer with each Donor who applies.
1.2 This Offer comes into effect from the moment it is posted on the NGO’s website at the following link: https://www.patriot.ngo (hereinafter referred to as the ‘Website’). This Offer is perpetual and may be amended or withdrawn by the Charity at any time (prior to its acceptance by the Benefactor) by posting the relevant information on the Website.
1.3. The NGO may enter into agreements on the provision of a charitable donation in a different manner and/or on different terms than those provided for in this Offer. The Donor may separately apply to the Foundation to conclude such an agreement.
2. SUBJECT OF THE AGREEMENT
2.1. The subject matter of this Agreement is a free and voluntary transfer by the Donor to the ownership of the NGO by making a charitable donation for the implementation of the NGO’s statutory activities.
The Donor independently determines the amount of the charitable donation. The NGO independently determines the directions of use of the charitable donation within the framework of its statutory activities, unless otherwise determined by the Donor in accordance with the procedure set forth in this Agreement. The subject matter of this Agreement is not to obtain profit directly or indirectly by either Party to the Agreement.
2.2. The transfer of funds by the Donor under this Agreement shall be recognized as a charitable donation in accordance with Article 6 of the Law of Ukraine ‘On Charitable Activities and Charitable Organisations’.
2.3. If desired, the Donor may indicate the purpose of the charitable donation by choosing among the programs (projects) and goals announced by the NGO.
3. ACTIVITIES OF THE NGO
3.1. The NGO carries out its activities in accordance with its Charter.
3.2. The activities of the NGO are not aimed at making a profit.
3.3 Information about the activities of the NGO and the results of its activities shall be published on the website of the NGO.
4. MAKING A DONATION
4.1 The donor independently determines the amount of the charitable donation.
4.2. A charitable donation is voluntary and shall not be subject to further return to the Donor.
4.3. In accordance with this Offer and the Agreement, charitable donations are provided by the Donors and used by the NGO (for the implementation of statutory activities, directions, projects, goals of public activities and programs) in accordance with the Charter and the legislation of Ukraine. The Donor agrees to such designation of his or her donation.
4.4. Methods of making a charitable donation:
one-time payment;
subscription, which provides for monthly/annual payments in an arbitrary amount.
The said subscription can be canceled at any time through the services of the user’s bank (e.g. Privat24, LigPay, Apple Pay, Google Play, etc.).
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The NGO undertakes to use the funds of the Donor’s charitable donation in accordance with the legislation of Ukraine and within the framework of its statutory activities.
5.2. The NGO has the right to independently determine the use of the charitable donation in accordance with its statutory activities and the legislation of Ukraine unless the Donor has determined a specific purpose for his or her donation under a separate agreement with the NGO. Thus, if the Donor has not determined a specific purpose for the charitable donation, it is considered that the donation was made for the implementation of the NGO’s statutory activities.
5.3. The Donor has the right to receive information about the use of his or her charitable donation. For this purpose, the NGO may post financial reports on the Website, which, among other things, contain information on (i) the amount of donations received by the NGO during the reporting period and (ii) the NGO’s expenses during the reporting period. At the written request of the Donor, the NGO may also confirm the intended use of the charitable donation with additional documents. Access to the reports on the use of charitable donations is provided to the NGO in accordance with the procedure and within the time limits stipulated by the current legislation of Ukraine and this Offer.
5.4. By providing a charitable donation, the Donor unconditionally confirms the legal capacity, the voluntariness of the transaction, that the subject of the charitable donation is not prohibited, arrested, pledged, or encumbered by any other rights of third parties and was not acquired in violation of the Law of Ukraine ‘On Prevention and Counteraction to Legalisation (Laundering) of Proceeds of Crime, Terrorist Financing and Financing of Proliferation of Weapons of Mass Destruction’. In case of reasonable doubts about these statements, the NGO has the right to request, and the Donor undertakes to provide, appropriate supporting evidence of these statements.
6. ACCEPTANCE
6.1. Acceptance is the full and unconditional acceptance of the Public Offer by taking actions to make a money transfer using the payment forms and means posted on the Website, as well as by transferring funds to the current account of the NGO through bank institutions. The moment of Acceptance is the date of the money transfer and/or crediting of funds to the bank account of the NGO.
6.2. Acceptance of the Offer means that the Donor agrees with all its provisions and is fully aware of and agrees with the subject matter of the Agreement, with the purpose of public fundraising and with the right of the NGO to use part of the Donor’s Charitable Donation for the NGO’s administrative expenses in the amount not exceeding the amount provided for by the legislation of Ukraine.
6.3. The Donor and the NGO, guided by Art. 639, Art. 641, and 642 of the Civil Code of Ukraine, agree that from the moment of Acceptance, the Agreement shall be deemed concluded. The Parties agree that failure of the Parties to comply with the written form of the transaction shall not mean its invalidity.
6.4. The Charitable Organization shall process the personal data of the Donor provided when visiting the Website and/or making a money transfer (hereinafter referred to as personal data) for the purpose of proper implementation of this Agreement and its statutory activities. Detailed information on the procedure for processing the personal data of the NGO is available in the Privacy Policy.
7. FINAL PROVISIONS
7.1. The provisions of the current legislation of Ukraine shall apply to the relations between the Donor and the NGO.
7.2. The responsibility of the NGO for violation of this Agreement or the procedure for using charitable donations shall be exercised on the grounds, in the amount, and in the manner prescribed by the requirements of the current legislation of Ukraine.
7.3. In case of disputes between the Parties to this Agreement, they shall be resolved through negotiations. If it is impossible to resolve disputes through negotiations, disputes shall be considered by the courts in accordance with the procedure established by the current legislation of Ukraine.
8. CONTACT DETAILS
Name – Public organization ‘All-Ukrainian Association ’Patriot’
Email – info@patriot.ngo
tak.med.patriot@gmail.com
