Public offer of granting a charitable donation
Last updated: 28.04.2023
1. The Public offer of granting a charitable donation (hereinafter referred to as the “Offer”) is the offer to conclude the Charitable Donation Agreement (hereinafter referred to as the “Agreement”) with a Philanthropist on the terms described in this Public offer, made by the “Charitable Foundation “Protection of the Future”, registration number: 44865632, registered address: Ukraine, Kyiv, Ivan Mazepa street, 3B, represented by its Director Karas Evgen Vasilievich, acting on the basis of the Charter (hereinafter referred to as the “Beneficiary”). The Public offer is concluded by means of the Internet site: maibutnie.org (hereinafter referred to as the “Site”), and is addressing an unlimited circle of persons regardless of status (individual, legal entity, private entrepreneur) voluntarily carrying out charitable activities (hereinafter, each of such persons is the “Philanthropist”). The Public offer is concluded on the provision of a charitable donation (hereinafter referred to as the “Agreement”) on the terms described in this Offer with each applied Philanthropist.
The proposal to enter into this Agreement is a public offer as stipulated in Article 641 of the Civil Code of Ukraine.
The provisions of Ukrainian legislation shall apply in the relations between the Beneficiary and the Philanthropist.
Public offer is a valid Beneficiary’s offer published on the Site concerning provision of charitable donation, which is addressed to unlimited circle of persons regardless of status (individual, legal entity, private entrepreneur), including the Philanthropists.
Acceptance is a full and unconditional acceptance of the offer by the Philanthropist by taking actions to implement the money transfer using payment forms and means, posted on the Site, as well as by transferring funds to the account of the Beneficiary via banking institutions. The date of acceptance of the Public offer is the date of the conclusion of the donation contract is the date of receipt of the donation in the form of money from the Philanthropist to the Beneficiary’s account of the donation.
Charitable Donation – gratuitous transfer of means (goods/services, including monetary funds) in order to achieve certain previously discussed purposes of charitable activity, in accordance with the Agreement and the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
3. General provisions
The subject of this Agreement is a gratuitous transfer of means (goods/services, including monetary funds) in order to achieve the aim of implementation of the statutory activities of the Beneficiary.
Charitable donations received by the Beneficiary may be returned to the Philanthropist only in cases stipulated by the legislation of Ukraine.
The Philanthropist shall determine the amount of charitable donation independently.
Ways of making a charitable donation:
- One-time payment;
- Monthly payments in an amount determined by the Philanthropist;
- Donation of assets.
Offer Acceptance shall be deemed as the Philanthropist’s agreement with all its provisions and his full understanding of the Subject of this Agreement and the purpose of public raising of donations; with the Philanthropist’s right to use a part of the funds received to finance administrative expenses in the amount established by the legislation of Ukraine.
Following the article 207, paragraph 2, article 639, articles 641, 642 of the Civil Code of Ukraine, the Beneficiary and the Philanthropist agree that since the acceptance Agreement is considered concluded in writing. At the same time, the Parties agree that failure to fulfill the written form of the deal by the Parties does not entail its invalidity.
4. The rights and responsibilities of the Beneficiary
The Beneficiary has the right to:
- Receive donations and use it to achieve the aim of implementation of the statutory activities of the Beneficiary in accordance with its Charter, the Agreement and the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
- Without agreement with the Benefactor to change directions of donations use, within the statutory activities.
- Use a part of the funds received to finance administrative expenses in accordance with requirements of Ukrainian legislation.
The Beneficiary is required to:
- Use donations in accordance with its Charter, the Agreement and the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
- Report on the use of charitable contributions or donations in accordance with the Agreement and requirements of Ukrainian legislation.
Philanthropist or authorized person has the right to exercise control over the use of a charitable donation, including in favor of third parties.
Public fundraising is carried out in the territory of any country in the world.
Collecting voluntary charitable donations shall last until the moment of liquidation of the Beneficiary unless other term is defined by the Beneficiary.
5. The goal of the fundraising and the procedure for using charitable donations:
The Beneficiary is carrying out fund-raising activities with the aim of providing various types of assistance, in particular financial and material assistance and assistance to the Armed Forces of Ukraine, the territorial defense forces of Ukraine, volunteers and other formations engaged in the defense of Ukraine, the protection of its sovereignty, territorial integrity and inviolability, as well as public organizations.
The use of collected under the Agreement charitable donations is carried out by purchasing and delivering various types of humanitarian aid directly to people or organizations affected by the war in Ukraine, as well as the purchase of ammunition and other equipment for the Armed Forces of Ukraine, the territorial defense forces of Ukraine, volunteers and other formations, which is carried out defense of Ukraine, protection of its sovereignty, territorial integrity and inviolability.
6. Procedure of public access to financial reports of the Beneficiary:
Access to reports on the use of donations by the Beneficiary shall be provided upon written application by the Philanthropist.
The other information shall be provided by the Beneficiary under the procedures and within the time limits established by Ukrainian legislation. The Beneficiary may publish reports on the use of charitable contributions or donations on the Site.
All expenses for the payment of the sums (commissions) related to the transfer and enrollment of donations are carried by the Philanthropist.
The Philanthropist is responsible for ensuring the accuracy of the information provided by him for the transfer of charitable donations.
7. Personal Data
The Philanthropist agrees to the processing of personal data in accordance with the Law of Ukraine “On personal information protection” and to fulfill the conditions of the Agreement. The Beneficiary undertakes not to transfer email addresses, and other personal Philanthropist’s information to third parties except as provided by Ukrainian law.
The Philanthropist gives to the Beneficiary the consent to the processing of his personal data when visiting the Site and while transferring funds (hereinafter referred to as the “Personal data”), and is informed about inclusion of its personal data to the Beneficiary’s personal data base and about all the rights for protection of Beneficiary’s personal data, which is provided by current legislation of Ukraine, namely, established in Article 8 of the Law of Ukraine “On Protection of Personal Data”.
The Beneficiary carries out the processing of the Philanthropist’s information by any means for the purpose of proper implementation of this Agreement and the achievement of its statutory purposes.