Public offer
Public offer for a charitable donation
1. General Provisions
1.1 This public offer to provide a charitable donation (hereinafter - the ‘Offer’) is an offer of the Charitable Organisation ‘Mother and Child’, legal entity identification code 33597525, located at the address: Ukraine, 01015, Kiev, Citadelnaya street, 6/8, sq.64 (hereinafter - the ‘Organisation’), represented by the President Melnychuk Oleg Petrovych, to an indefinite number of capable individuals and legal entities of private law, who voluntarily carry out charitable activities. (hereinafter referred to as the ‘Organisation’), represented by its President Oleh Petrovych Melnychuk, to an indefinite number of capable individuals and legal entities of private law, who voluntarily carry out charitable activities (hereinafter each of such persons - the ‘Benefactor’), to enter into a charitable donation agreement (hereinafter referred to as the ‘Agreement’) on the terms and conditions described in this Offer with each Benefactor who applies.
1.2 This Offer is an offer to enter into a contract in accordance with Article 641 of the Civil Code of Ukraine.
1.3 This Offer shall take effect from the date of its posting on the Organisation's website at https://mamainemovlya.org.ua/en/ (the ‘Site’). This Offer is open-ended and may be amended or withdrawn by the Organisation at any time (prior to its acceptance by the Charity) by posting the relevant information on the Site.
1.4 The Organisation may contract for a charitable donation in a different manner and/or on different terms and conditions than those set out in this Offer. The Benefactor may separately apply to the Organisation to enter into such an agreement.
2. Subject of the Agreement
2.1 The subject of this Agreement is a gratuitous, voluntary and irrevocable transfer of funds by the Benefactor into the ownership of the Organisation by making a charitable donation to ensure the Organisation's statutory activities, in turn the Organisation accepts such charitable donation and undertakes, having independently determined the directions of its use for its own charitable activities in accordance with the Charter and the legislation of Ukraine.
2.2 The transfer of funds by the Benefactor 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 The Benefactor shall independently determine the amount of the charitable donation. The Philanthropist has the right to request and receive information from the Organisation on the nature and amount of the required charitable aid for specific purposes of the Organisation's activities, as well as on the Organisation's charitable programmes, in order to determine the areas of use of the charitable donation prior to its provision.
2.4 The conclusion and execution of this Agreement is not aimed at and does not provide for profit making by either party.
3. Activities of the Organisation
3.1 The Organisation carries out charitable activities in the field of maternity and child protection, in the field of health care, aimed at providing charitable material, social and psychological assistance to orphans, children affected by war, orphans, children from low-income and large families, children with disabilities and their families, as well as to medical and other institutions providing medical assistance to patients by ensuring full treatment and rehabilitation of such children, and the purchase of medicines.
3.2 The Organisation's activities are not intended to make a profit.
3.3 The Organisation's Statutes, information on its work and performance reports are available on the Website.
4. Making a donation and acceptance of the Offer
4.1 The benefactor independently determines the amount of the charitable donation and makes it by making a money transfer using the payment forms and means posted on the Website, or transfers money to the current account of the Organisation through bank institutions. Charitable donations are perpetual and there is no limit to the period of their use by the Organisation.
4.2 In accordance with this Offer and the Agreement, charitable donations are provided by the Benefactors and used by the Organisation to conduct and ensure charitable activities (implementation of directions, goals of charitable activities and charitable programmes) of the Organisation in accordance with the Charter and the laws of Ukraine. The Benefactor agrees with such intended purpose of its donation.
4.3 The Benefactor also has the right to determine the specific purpose of its donation within the framework of the Organisation's goals and activities and charitable programmes by entering into a separate charitable donation agreement with the Organisation in accordance with clauses 1.4 and 2.3 of this Offer. If the Charity donor, when making a donation, has determined its specific purpose without prior agreement with the Organisation, the Organisation has the right to return such donation to the Charity donor.
4.4 Charitable donations made by the Organisation shall be used by the Organisation in the order in which they are received.
4.5 When making a donation, in order to correctly identify the payer, the Benefactor shall indicate his/her contact information: first and last name, name of the legal entity, e-mail address and/or telephone number, other data that allows the identification of the Benefactor.
5. Acceptance
5.1 Acceptance of the Offer shall be deemed to be its full and unconditional acceptance by means of the Charity's actions to transfer the funds of the charitable donation to the Organisation in one of the ways specified in clause 4.1 above. The Offer shall be deemed accepted and the Agreement concluded from the date of crediting the funds to the current account of the Organisation.
5.2 Within 48 hours after the transfer of funds to the current account of the Organisation, the Benefactor may apply to the Organisation for the return of the donation funds due to their erroneous transfer or other reasons. After the end of this period the charitable donation shall be considered irrevocable and shall not be returned by the Organisation, unless such return is required by the legislation of Ukraine or otherwise provided for in this Offer. If the donation was deposited to the Organisation's account without identification of the payer and the Organisation cannot identify the Charity donation's benefactor, such donation shall not be returned by the Organisation.
5.3 By accepting the Offer, the Charity confirms that it agrees with all the terms and conditions of the Offer and fully understands and agrees with the subject matter and terms of the Agreement.
5.4 Expenses related to making charitable donations (transfer fees, taxes, charges, etc.) shall be borne by the Charity, if such expenses are charged to the Charity, and by the Organisation, if such expenses are charged to the Organisation. The Benefactor understands and agrees that part of his/her charitable donation may be used by the Organisation to cover the costs of making charitable donations if such costs are charged by third parties by default and cannot be avoided (e.g. payment system acquiring fees, bank charges, etc.).
5.5 The Charity donor and the Organisation, guided by Article 207 part 2 Article 639, Article 641, Article 642 of the Civil Code of Ukraine, agree that from the moment of Acceptance of the Offer the Charitable Donation Agreement shall be deemed concluded.
5.6 The Parties agree that failure of the Parties to comply with the written form of the Charitable Donation Agreement does not mean its invalidity.
6. Rights and obligations of the parties
6.1 The Organisation undertakes to use the funds of the Charity donation in strict compliance with the legislation of Ukraine and only within the framework of its statutory activities, as well as to create the necessary conditions for the Charity to make a donation in accordance with the terms of the Offer.
6.2 The Organisation has the right to independently determine the directions of use of the charitable donation in accordance with its statutory activities and the legislation of Ukraine, except for cases when the Charity has determined the specific purpose of its donation under a separate agreement with the Organisation. Thus, if the specific purpose of the charitable donation is not determined by the Charity, it is considered that the donation is made for the Organisation's statutory activities.
6.3 The Benefactor agrees that in accordance with the Law of Ukraine ‘On Charitable Activities and Charitable Organisations’ the Organisation may use a part of the funds received from the Benefactors to finance its administrative expenses. The amount of the Organisation's maintenance expenses (administrative expenses of the Organisation) may not exceed 20% of its estimate for the current year.
6.4 The benefactor has the right to be informed about the use of their charitable donation. For this purpose, the Organisation posts monthly reports on the Website. Upon the Charity's request, the Organisation may also confirm the intended use of the charitable donation with additional documents.
6.5 By providing the charitable donation the Charity unconditionally confirms its legal capacity, voluntariness of the transaction, also that the object of the charitable donation is not under a ban, arrest, pledge, encumbered by any other rights of third parties and was not acquired in violation of the Law of Ukraine No. 361-IX ‘On Prevention and Counteraction of Legalisation (Laundering) of Proceeds of Crime, Financing of Terrorism and Financing of Weapons of Mass Destruction Proliferation’.
If the Organisation has reasonable doubts about these statements, the Organisation shall have the right to request, and the Charity undertakes to provide appropriate supporting evidence of these statements.
7. Force Majeure
7.1 The Charity Worker and the Organisation shall be released from liability for full or partial non-performance of their obligations in case of force majeure circumstances that cannot be foreseen or foreseeable but cannot be prevented (war, natural disaster, etc.) and in case of legal force majeure circumstances (decision of state authorities). These circumstances have an objective and absolute nature. The force majeure circumstances shall be confirmed by the Chamber of Commerce and Industry of Ukraine. The Party for which it has become impossible to fulfil obligations under this Agreement due to force majeure circumstances shall notify the other Party within three days about the beginning and then about the end of these circumstances.
7.2 The existence of martial law as force majeure circumstances on the territory of Ukraine is confirmed by a general letter of the Chamber of Commerce and Industry of Ukraine, posted by it on its official website on 28.02.2022, accordingly the letter confirms the existence of these circumstances, and the impossibility of fulfilment of contractual obligations a person must confirm with documents depending on its actual circumstances that make it impossible to perform.
8. Final Provisions
8.2 By accepting the Offer, the Benefactor grants the Organisation consent to the processing of its personal data, which is disclosed by the Benefactor when making a charitable donation, for the purpose of fulfilling the terms of the Agreement. Such personal data may include: name, surname and patronymic, address, place of residence, e-mail address, telephone number and (when transferring funds to the current account of the Organisation via bank institutions) bank details. Permitted types of personal data processing include their collection, registration, accumulation, storage, storage, adaptation, modification, updating, use and dissemination (distribution, realisation, transfer), depersonalisation and destruction. The Organisation undertakes not to disclose the Charity's personal data to third parties without the Charity's permission, except in cases where such disclosure is required by state authorities or otherwise required under the laws of Ukraine. The Charity confirms that it has been informed of the rights established by the Law of Ukraine ‘On Protection of Personal Data’. The scope of the Charity's rights as a subject of personal data under the Law of Ukraine ‘On Protection of Personal Data’ is known and understood by the Charity.
8.3 The Benefactor agrees that his/her contact information may be used by the Organisation to send letters and messages, including electronic ones, to the Benefactor. At the same time, the Organisation undertakes not to provide information about the Charity's contact details to third parties, except in cases expressly provided for by the legislation of Ukraine.
8.4 In case of any disputes between the parties to this Agreement, they shall be resolved through negotiations. If a negotiated solution is impossible, disputes shall be considered by courts in accordance with the procedure established by the legislation.
8.5. For all other issues not provided for by this Offer, the Parties shall be guided by the current legislation of Ukraine.
Charity Organisation ‘MAMA I NEMOVLYA' 01015, Ukraine, Kiev, Tsitadelnaya Street, 6/8, sq.64 IBAN UA34 305299 00000 260020262107 67 JSC CB 'PRIVAT BANK' EDROPU 33597525 Not a payer of income tax Email addresses for coordination of possible requests: info@mamainemovlya.org.ua President / O.P. Melnychuk/
