PUBLIC OFFER AGREEMENT
This public agreement (offer) on the provision of a charitable donation (hereinafter referred to as the “Offer”), in accordance with Article 641 of the Civil Code of Ukraine, is an offer by Charity Organisation “Charity Foundation “MISSION OF FREEDOM”, legal entity identification code: 45365718, located at: Ukraine, 07401, Kyiv Oblast, Brovary District, Brovary, Heroiv Krut Street, Building 16, Apartment 46 (hereinafter referred to as the “Foundation”), represented by the Director of the Foundation Ivanna Volodymyrivna Bosakevych, acting on the basis of the Charter for an unlimited number of natural and legal persons of private law who voluntarily engage in charitable activities (hereinafter each of such persons is referred to as a “Donor”), to enter into an agreement on the provision of a charitable donation (hereinafter referred to as the “Agreement”) on the terms and conditions described in this Offer with each Donor who applies.
1. GENERAL PROVISIONS
1.1. This Offer is effective from the date of its publication on the Foundation’s website at the following link: https://missionfoundation.in.ua (hereinafter referred to as the “Website”).
1.1.1. Terms:
- This Offer is open-ended and may be amended or withdrawn by the Foundation at any time (prior to acceptance by the Donor) by posting the relevant information on the Website.
- The public fundraising will continue until the Foundation ceases to operate (including through liquidation), unless a different term is determined by resolution of the Foundation).
1.2. The Foundation may enter into agreements for the provision of a charitable donation in a different manner and/or on different terms than those set out in this Offer. The Donor may apply separately to the Foundation to enter into such an agreement.
1.3. Place: Public fundraising for a charitable donation may be carried out on the territory of any state in the world (unless otherwise prohibited by the applicable legislation of Ukraine).
Terms and Definitions:
1.3.1. Public Offer (hereinafter referred to as the “Offer”) means a public offer by the Foundation to an unlimited number of persons to enter into an agreement with the Foundation to make a voluntary charitable donation by remote means (hereinafter referred to as the “Agreement”) on the terms and conditions set out in the Offer, including all Appendices thereto.
1.3.2. Website (the Official Website, the Official Internet Site) means the official Internet resource of the Foundation, which contains information about the Foundation, current projects of the Foundation and other conditions necessary for the functioning of such resource, and which is available for free consultation.
1.3.3. Foundation means a non-profit organisation established as a charitable Foundation, a legal entity under private law, whose constituent documents define charitable activities in one or more areas defined as the main purpose of its activities.
1.3.4. Donor means any natural person or legal entity under private law (including a charitable organisation) who voluntarily engages in one or more types of charitable activity.
1.3.5. Charitable activity means voluntary personal and/or material assistance to achieve the goals established by the Law of Ukraine “On Charitable Activities and Charitable Organisations”, which does not provide for profit of the Donor, as well as payment of any remuneration or compensation to the Donor.
1.3.6. “Charitable programme” means a set of charitable activities in the areas defined by the Law of Ukraine “On Charitable Activities and Charitable Organisations”.
2. SUBJECT MATTER OF THE AGREEMENT
2.1. The subject matter of this Agreement is a free and voluntary transfer of Foundations by the Donor to the Foundation by way of a charitable donation for the statutory activities of the Foundation. The Donor shall independently determine the amount of the charitable donation. The Foundation shall independently determine the areas of use of the charitable donation within 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 the direct or indirect receipt of profit by any of the parties to the Agreement.
2.2. The transfer of Foundations by the Donor under this Agreement shall be recognised 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 from among the programmes (projects) and goals announced by the Foundation.
3. ACTIVITIES OF THE FOUNDATION
3.1. The Foundation carries out charitable activities in accordance with its Charter, in particular in the field of improving the country’s defence capability and mobilisation readiness in connection with the military aggression of the Russian Federation.
3.2. The activities of the Foundation are not aimed at making a profit.
3.3 Information on the Foundation’s activities and reports on the results of these activities are available on the Website.
4. DONATING
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 any further return to the Donor.
4.3. In accordance with this Offer and the Agreement, charitable donations are provided by Donors and used by the Foundation to carry out and ensure charitable activities (implementation of the areas, goals of charitable activities and charitable programmes) of the Foundation in accordance with the Charter and the legislation of Ukraine. The Donor agrees to such purpose of his/her donation.
4.4. Methods of making a charitable donation:
- One-time payment;
- Subscription providing for monthly/annual payments of any amount.
4.4.1 The said subscription can be cancelled at any time through the services of the user’s financial institution (for example, Privat24, Apple Pay, Google Play, etc.).
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Foundation undertakes to use the funds of the Donor’s charitable donation strictly in accordance with the legislation of Ukraine and only within the framework of its statutory activities.
5.2. The Foundation has the right to determine independently the areas of use of the charitable donation in accordance with its statutory activities and the legislation of Ukraine.
5.3. The Donor has the right to receive information on the use of his/her donation. For this purpose, the Foundation may publish on the Official Website reports on the use of donations after the end of the fundraising campaign, including information on (i) the amount of donations received by the Foundation during the fundraising campaign and (ii) the expenses of the Foundation during the relevant fundraising campaign. At the written request of the Donor, the Foundation may also confirm the intended use of the donation with additional documentation. The Foundation shall provide access to reports on the use of charitable donations in the manner and within the terms provided by the applicable legislation of Ukraine and this Offer.
5.4. By making a charitable donation, the Donor unconditionally confirms:
– His/her legal capacity;
– The voluntary nature of the Offer;
– That the object of the charitable donation is not prohibited, arrested, pledged, encumbered by any other rights of third parties and has not been acquired in violation of the Law of Ukraine “On Prevention and Combating of Legalisation (Laundering) of the Proceeds of Crime, Terrorist Financing and Financing of the Proliferation of Weapons of Mass Destruction”.
5.4.1 If the Foundation has reasonable doubts about these statements, the Foundation has the right to request, and the Donor undertakes to provide, appropriate evidence of these statements.
6. ACCEPTANCE
6.1. Acceptance is the full and unconditional acceptance of the Public Offer by taking action to transfer funds using the payment forms and means published on the Website, as well as by transferring funds to the Fund’s current account through banking institutions. The date of acceptance shall be the date on which the funds are transferred and/or credited to the Foundation’s bank account.
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 of the Agreement, the purpose of public fundraising and 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 exceeding the amount provided for by Ukrainian legislation.
6.3. The Donor and the Foundation, in accordance with Article 639, Article 641, 642 of the Civil Code of Ukraine, agree that the Agreement shall be deemed concluded from the moment of acceptance. The parties agree that failure of the parties to comply with the requirement of the written form of the transaction shall not mean its invalidity.
6.4. The Foundation shall process the personal data of the Donor (hereinafter referred to as the “Personal Data”) provided by the Donor when visiting the Website and/or making a transfer for the purpose of the proper execution of this Agreement and its statutory activities. The information provided by the Donor to the Foundation is confidential. Detailed information on the procedure for processing Personal Data by the Foundation is available in the Privacy Policy.
7. FINAL PROVISIONS
7.1. Relations between the Donor and the Foundation shall be governed by the legislation in force in Ukraine.
7.2. The liability of the Foundation for violation of this Agreement or the procedure for using charitable donations shall be on the grounds, in the amount and in the manner prescribed by the requirements of the current legislation of Ukraine.
7.3. Disputes between the Parties to this Agreement shall be settled by negotiations. If it is impossible to settle disputes by negotiations, they shall be considered by the courts in accordance with the procedure established by the current legislation of Ukraine.
7.4. The use of the resources of the Website to learn about the activities of the Foundation, its projects, etc. and to make a charitable donation is free of charge.
7.5. Making a charitable donation implies the Donor’s full agreement with the terms of this Agreement (public offer).
7.6. The Foundation reserves the right to unilaterally amend this Agreement, subject to prior publication on the Website.
8. CONTACT DETAILS
Name:
CHARITABLE ORGANIZATION
“CHARITABLE FOUNDATION “MISSION OF FREEDOM”
Address:
Ukraine, 07401, Kyiv Oblast, Brovary District,
Brovary, Heroiv Krut Street,
Building 16, Apartment 46
Email: