Public Offer Regarding Provision of Charitable Donation

1. General Provisions

1.1. This public offer regarding the provision of a charitable donation (hereinafter the “Offer”) is a proposal from the Public Organization “ПІДТРИМКА ВСІЄЇ ДЕРЖАВИ НАШОЇ”, legal entity identification code 45909916, located at: Ukraine, 73009, Kherson Oblast, Kherson, 58 Boguna Ivan St., Apt. 31 (hereinafter the “Organization”), represented by the Chairman Oleksandr Rybalka, and by an indeterminate group of capable individuals and private legal entities voluntarily engaged in charitable activities (each such person hereinafter a “Donor”), to conclude a contract regarding the provision of a charitable donation (hereinafter the “Contract”) on the terms described in this Offer, with every Donor who applies.

1.2. This Offer is a proposal to conclude a contract in accordance with Article 641 of the Civil Code of Ukraine.

1.3. This Offer becomes effective from the moment it is posted on the Organization’s website at https://pvdn-ua.com (hereinafter the “Website”). This Offer is open-ended and may be amended or withdrawn by the Organization at any time (prior to its acceptance by the Donor) by posting the relevant information on the Website.

1.4. The Organization may conclude contracts regarding the provision of charitable donations in a manner and/or on terms other than those provided by this Offer. The Donor may separately contact the Organization to conclude such a contract.

2. Subject of the Contract

2.1. Under this Contract, the Donor irrevocably and gratuitously transfers as a voluntary charitable donation to the ownership of the Organization funds for ensuring the Organization’s statutory activities, and the Organization accepts such charitable donation and undertakes to use it for carrying out its own charitable activities in accordance with its Charter and Ukrainian law.

2.2. The transfer of funds by the Donor under this Contract is recognized as a charitable donation in accordance with Article 6 of the Law of Ukraine “On Charitable Activities and Charitable Organizations”.

2.3. The Donor independently determines the amount of the charitable donation. The Donor has the right to inquire from the Organization and receive information about the nature and amount of the necessary charitable assistance for specific purposes of the Organization’s activities, as well as for the Organization’s charitable programs, in order to determine the directions for the use of the charitable donation before its provision.

2.4. The conclusion and performance of this Contract is not intended to and does not provide for profit to be obtained by either party.

3. Activities of the Organization

3.1. The Organization carries out charitable activities in accordance with its Charter. The main areas of the Organization’s charitable activities are:

• promoting the development of territorial communities;
• stimulating economic growth and development of the Ukrainian economy and its regions, as well as enhancing Ukraine’s competitiveness;
• preventing natural and man-made disasters and mitigating their consequences, assisting those affected by disasters, armed conflicts, and accidents, as well as refugees and persons in difficult life situations;
• promoting the implementation of state, regional, local, and international programs aimed at improving the socio-economic conditions in Ukraine;
• education;
• healthcare and providing assistance to persons with disabilities;
• environmental protection and animal welfare;
• guardianship, legal representation, and legal assistance;
• social protection, social security, social services, and poverty alleviation;
• reconstruction;
• development of Ukraine’s international cooperation.

3.2. The Organization’s activities are not intended to generate profit.

3.3. The Organization’s Charter, information about its work, and activity reports are published on the Website.

4. Making a Donation and Acceptance of the Offer

4.1. The Donor independently determines the amount of the charitable donation and makes it either by (i) carrying out a money transfer using the payment forms and methods available on the Website, or (ii) transferring funds to the Organization’s current account through banking institutions. Charitable donations are open-ended, and the period of their use by the Organization is not limited.

4.2. According to this Offer and the Contract, charitable donations are provided by Donors and used by the Organization to carry out and ensure its charitable activities (the implementation of the Organization’s areas, objectives, and charitable programs) in accordance with its Charter and Ukrainian law. The Donor agrees to such a targeted purpose for their donation.

4.3. The Donor also has the right to determine a specific purpose for their donation within the framework of the Organization’s activities and charitable programs by entering into a separate contract with the Organization regarding the provision of a charitable donation, in accordance with clauses 1.4 and 2.3 of this Offer. If the Donor, when making the donation, has specified a specific purpose without prior agreement with the Organization, the Organization has the right to return such a donation to the Donor.

4.4. Donated funds are used by the Organization in the order in which they are received.

4.5. When making a donation, for proper identification of the payer, the Donor provides their contact information: first and last name, legal entity name, email address and/or phone number, and other data that allow identification of the Donor.

4.6. Acceptance of the Offer is deemed to be its complete and unconditional acceptance by the Donor through actions of transferring the charitable donation funds to the Organization by one of the methods specified in clause 4.1 above. The Offer is considered accepted and the Contract concluded from the date the funds are credited to the Organization’s current account or received in the Organization’s cash register.

4.7. Within 48 hours after funds are credited to the Organization’s current account or received in its cash register, the Donor may contact the Organization regarding the return of the donation due to an erroneous transfer or other reasons. After this period, the charitable donation is considered irrevocable and is not returned by the Organization, except in cases where such a return is required by Ukrainian law or otherwise provided for by this Offer. If the donation was made to the Organization’s account without identifying the payer and the Organization cannot identify the Donor, such a donation is not returned by the Organization.

4.8. By accepting the Offer, the Donor confirms that they agree to all the terms of the Offer, fully understand and agree with the subject and conditions of the Contract.

4.9. The costs associated with making charitable donations (transfer fees, taxes, charges, etc.) shall be borne by the Donor if such costs are charged to the Donor, and by the Organization if such costs are charged to the Organization. The Donor acknowledges and agrees that part of their charitable donation may be used by the Organization to cover expenses related to making charitable donations, if such expenses are charged by third parties by default and cannot be avoided (e.g., acquiring fees, bank commissions, etc.).

4.10. A Donor who makes a donation to a specific project consents to its redistribution/use in other projects (if the fundraising is closed or not relevant).

4.11. When making a payment, the Donor consents that the donation amount is non-refundable.

5. Rights and Obligations of the Parties

5.1. The Organization undertakes to use the Donor’s charitable donation funds in strict accordance with Ukrainian law and only within the framework of its statutory activities.

5.2. The Organization has the right to independently determine the directions for using the charitable donation in accordance with its statutory activities and Ukrainian law, except in cases where the Donor has determined a specific purpose for their donation under a separate contract with the Organization. Thus, if the specific purpose of the charitable donation is not determined by the Donor, it is assumed that the donation is made for the Organization’s statutory activities.

5.3. The Donor has the right to receive information about the use of their charitable donation. To this end, the Organization publishes annual financial reports on the Website, which include information regarding (i) the amounts of donations received by the Organization during the reporting period and (ii) the Organization’s expenses during the reporting period. Upon request from the Donor, the Organization may also confirm the targeted use of the charitable donation with additional documents.

5.4. By providing a charitable donation, the Donor unequivocally asserts (i) their legal capacity, (ii) the voluntary nature of entering into the contract, (iii) that the subject of the charitable donation is not prohibited, subject to seizure, not encumbered by any other rights of third parties, and has not been acquired in violation of the provisions of the Law of Ukraine No361-IX “On Prevention and Counteraction to the Legalization (Laundering) of Proceeds of Crime, Financing of Terrorism, and Financing of the Proliferation of Weapons of Mass Destruction”. In the event that the Organization has reasonable doubts regarding these assertions, the Organization has the right to request, and the Donor undertakes to provide, the appropriate supporting evidence of these assertions.

6. Final Provisions

6.1. By accepting the Offer, the Donor consents to the processing of their personal data, which is disclosed by the Donor when making a charitable donation, for the purpose of fulfilling the terms of the Contract. Such personal data may include: first name, last name, and patronymic, address, place of residence, email address, phone number, and (in the case of transferring funds to the Organization’s current account through banking institutions) bank details. The permitted types of personal data processing include collection, registration, accumulation, storage, adaptation, alteration, renewal, use, and dissemination (circulation, sale, transmission), anonymization, and destruction. The Organization undertakes not to disclose the Donor’s personal data to third parties without the Donor’s consent, except in cases where such disclosure is required by government authorities or otherwise required in accordance with Ukrainian law. The Donor confirms that they have been informed about the rights established by the Law of Ukraine “On the Protection of Personal Data”. The extent of the Donor’s rights as a data subject under the Law of Ukraine “On the Protection of Personal Data” is known and understood by them.

6.2. The Donor consents that their contact information may be used by the Organization to send letters and messages, including electronic, to the Donor. The Organization undertakes not to provide the Donor’s contact information to third parties, except in cases explicitly provided for by Ukrainian law.

6.3. In the event of any disputes between the parties to this Contract, they shall be resolved through negotiations. If negotiation is not possible, disputes shall be resolved by the courts in the manner established by law.