Public offer

Public offer

on making voluntary charitable donation

  1. GENERAL TERMS

1.1. This Public Offer (hereinafter referred to as the “Offer”) is a proposal adressed to an indefinite circle of capable individuals and legal entities, that voluntarily carry out charitable activities (hereinafter each of such persons/entities – the “Donor”), to conclude a contract on making a voluntary charitable donation (hereinafter – the “Contract”) on the terms described in this Offer, with each Donor who applies, made in accordance with Art. 641 of the Civil Code of Ukraine, offered by the Charitable Organization “Charitable Foundation “Vdiachni”, code EDRPOU 44806252, located at: Ukraine, _ 79016, Lviv, Marka Vovchka street 24 (hereinafter – “Foundation”), represented by the Foundation Head (Director) Vysotska Krystyna, who acts on the basis of the Charter.

1.2. This Offer comes into force from the moment it is posted on the Foundation’s website by the link: https://www.grateful.com.ua/ (hereinafter – the “Site“). This Offer is open-ended and may be changed or withdrawn by the Foundation at any time (prior to its acceptance by the Donor) by posting relevant information on the Site.

1.3. The Foundation may conclude contracts on making charitable donations in another order and/or on other terms than provided by this Offer. The Donor may separately apply to the Foundation to conclude such a contract. 

2. SUBJECT OF THE AGREEMENT

2.1. The subject of this Agreement is free and voluntary transfer of funds by the Donor into the ownership of the Foundation, by making a charitable donation aimed at implementation of the Foundation’s statutory activities. The Donor independently determines the size of the charitable donation. The Foundation independently determines the directions of the use of charitable donations within the framework of its own statutory activity, unless otherwise determined by the Donor in accordance with the procedure established by this Agreement. The subject of this Agreement is not directly or indirectly recieving profit by any of the Parties to this Agreement.

2.2. The Donor’s transfer of funds under this Agreement is considered a charitable donation made in accordance with Art. 6 of the Law of Ukraine “On Charitable Activities and Charitable Organizations”.

2.3. If desired, the Donor can indicate the intended purpose of the charitable donation, choosing among the projects and goals announced by the Foundation.

3. THE FOUNDATION’S ACTIVITY

3.1. The Foundation carries out charitable activities in accordance with its Charter. In particular, the main purpose of the Foundation is to provide charitable assistance and support to persons who suffered as a result of armed aggression and/or hostilities on the territory of Ukraine, including temporarily occupied territories and territories where hostilities are taking place due to Russia’s military aggression.

3.2. The Foundation’s activity is not aimed at making a profit.

4. MAKING A DONATION

4.1. The Donor independently determines the size of the charitable donation.

4.2.The Donor agrees that the charitable donation is voluntary, irrevocable and not subject to return back to the Donor under any conditions, in particular if the Foundation has not used the donation (its part) during any period and/or even in case of its request by the Donor.

4.3. Due to this Offer the charitable donations are provided by the Donors and used by the Foundation to carry out and ensure its charitable activities (implementation of directions and charitable programs, achievement of charitable activities’ goals) in accordance with the Charter and Ukrainian legislation. The Donor agrees with the purpose of his donation.

4.4. The Foundation is obliged to use the charitable donations only for implementing the purpose, directions and types of  the Foundation’s activities, defined by the Charter. The Foundation has the right, without the Donor’s agreement, to determine and change the directions of using the voluntary charitable donation and/or part of the donation within the framework of the Foundation’s statutory activities – to direct the funds to the implementation of the Foundation’s projects.

4.5.In case of non-implementation of the project, the Foundation also has the right to independently determine how to use the charitable donation in accordance with its statutory activities and the legislation of Ukraine. This does not apply to cases when the Donor has determined a specific purpose of his donation under a separate agreement with the Foundation. A donation made through the website is not considered a separate contract with the Foundation. Thus, if the specific purpose of the charitable donation is not defined by the Donor, it is considered that the donation was made for the implementation of Foundation’s statutory activities.

4.6. Ways to make a charitable donation:

  • one-time payment;
  • subscription, which involves monthly/annual payments in any amount.

The mentioned subscription can be canceled at any time through the services of the user’s bank (for example, Privat24, Apple Pay, Google Play and others).

5. RIGHTS AND DUTIES OF THE PARTIES

5.1. The Foundation is obliged to use the Donor’s charitable donation funds in strict accordance with the legislation of Ukraine and only within the framework of its statutory activities.

5.2. The Foundation has the right to independently determine the directions for using a charitable donation in accordance with its statutory activities and the legislation of Ukraine, with the exception when the Donor has determined the specific purpose of his donation under a separate agreement with the Foundation. Thus, if the specific purpose of the charitable donation is not defined by the Donor, it is considered that the donation was made for the realization of Foundation’s statutory activities.

5.3. The Donor has the right to receive information about how his charitable donation was used. For this purpose, the Foundation may post financial and photo reports on the Site, as well as in the social networks (Instagram, Twitter, Facebook, LinkedIn, TikTok), which, among other things, contain information on (i) the amounts of donations received by the Foundation during the reporting period, and (ii) expenses of the Foundation during the reporting period. Access to reports on the use of charitable donations is provided by the Foundation in the manner and within the time limits stipulated by the current legislation of Ukraine and this Offer.

5.4. Upon prior request to the Foundation’s email address info@grateful.com.ua the Donor can receive reports on the Foundation’s projects that are of interest to him.

5.5. By making a charitable donation, the Donor unconditionally affirms (i) his/her legal capacity, (ii) voluntary execution of the deed, (iii) that the subject of the charitable donation is not under prohibition, seizure, is not in lien, is not encumbered by any other rights of third parties and has not been acquired in violation of the Law of Ukraine “On Prevention and Counteraction to Legalization (Laundering) of the Proceeds of Crime or Terrorist Financing and Financing Proliferation of Weapons of Mass Destruction”. If the Foundation has reasonable doubts about these statements, it has the right to ask, and the Donor is obliged to provide appropriate supporting evidence of these statements.

  • ACCEPTANCE

6.1. Acceptance – fully and unconditionally accepting the Public Offer by taking actions to make a money transfer using the payment methods and means posted on the Site, as well as by transferring funds to the Foundation’s current account through bank institutions. The moment of Acceptance is the date of the money transfer and/or crediting of funds to the Foundation’s bank account.

6.2. Acceptance of the Offer means that the Donor agrees with all its provisions and fully understands and agrees with the subject of the Agreement, with the purpose of public fundraising and with the right of the Foundation to use a part of the Donor’s charitable donation for the administrative expenses of the Foundation in an amount not greater than that provided by the legislation of Ukraine .

6.3. Guided by Art. 639, Art. 641, 642 of the Civil Code of Ukraine, the Donor and the Foundation agree that the Agreement is considered concluded from the moment of Acceptance. At the same time, the Parties agree that non-compliance with the written form of the transaction does not mean its invalidity.

6.4. The Foundation processes the Donor’s personal data provided when visiting the Site and/or making a money transfer (hereinafter referred to as personal data) for the purpose of properly implementing this Agreement and its statutory activities. Detailed information on the personal data processing is available in the Privacy Policy.

  • FINAL PROVISIONS

7.1.The provisions of the current legislation of Ukraine apply to the relations between the Donor and the Foundation.

7.2. The Foundation’s liability for violation of this Agreement or the procedure for charitable donations use occurs on the grounds, in the amount and in the manner determined by the current legislation of Ukraine.

7.3. In case of disputes between the Parties related to this Agreement, they must be resolved through negotiations. If it is impossible to resolve disputes through negotiations, disputes are considered by courts in the manner established by the current legislation of Ukraine.

  • CONTACTS

Name

Charitable Organization “Charitable Foundation”Vdiachni”

Address

Ukraine, 79016, Lviv, Marka Vovchka street 24

Email – info@grateful.com.ua

Site-https://www.grateful.com.ua/en/home/