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PUBLIC OFFER

PUBLIC OFFER

on making a voluntary contribution (charitable donation)

This Public Offer (hereinafter referred to as the “Public Offer”) is addressed to an indefinite circle of capable individuals, individual entrepreneurs and legal entities – visitors to the website on the Internet: www.helppeople.org.ua (hereinafter – the “Site”), who voluntarily make a contribution in the form of a charitable donation (hereinafter each of such persons – the “Donor”) and is according to Art. 641 of the Civil Code of Ukraine the official and public proposal of the PUBLIC ORGANIZATION “HELP PEOPLE” code EDRPOU 44356409 (hereinafter – the “Public organization”), which operates on the basis of the Charter, to conclude a contract on making a voluntary contribution in the form of a charitable donation (hereinafter – the “Contract”) on the terms described in this Offer, with each Donor who applies. The terms of the Contract are the same for everyone regardless of their status, without giving advantage to one buyer over another.

The Public Organization 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.

  1. TERMS

1.1.Public Offer – a proposal of the Public organization, which is posted on the Site www.helppeople.org.ua and addressed to any individual, individual entrepreneur and/or legal entity, including but not limited to the Donor, according to Article 641 of the Civil Code of Ukraine to conclude a contract with it on the terms contained in the public offer.

1.2. Acceptance – full and unconditional acceptance by the Donor of the Public Offer of the Public organization by performing actions regarding the implementation of the money transfer using payment forms and means placed on the Site, as well as by transferring funds to the settlement account of the Public Organization through banking institutions. The moment of Acceptance is the fact of making a money transfer and/or crediting funds to the bank settlement account of the Public organization.

1.3.Charitable donation – free transfer by the Donor of funds to the property of the Public organization to achieve certain goals and programs of the Public organization in accordance with its Charter, this Agreement and the Law of Ukraine “On public associations”.

1.4. Donor – a capable individual or legal entity of private law, who accepted this Public Offer and voluntarily makes a Charitable donation. 1.5. Site – the website of the Public organization on the Internet at: www.helppeople.org.ua

 

  1. SUBJECT OF THE AGREEMENT

2.1. The subject of this Agreement is the free and voluntary transfer by the Donor of funds to the property of the Public organization by making a voluntary Charitable donation, aimed at ensuring the implementation of the Public organization’s statutory activities. The Donor agrees with such a targeted use of his/her donation.

2.2. The Donor independently determines the size of the Charitable donation. Ways of making a charitable donation: a one-time payment; a subscription, which involves monthly / annual payments in any amount. The mentioned subscription can be canceled at any time through the user’s bank services (for example, Privat24, Apple Pay, Google Play, and others).

2.3. The subject of this Agreement is not the receipt, directly or indirectly, of profit by any of the Parties to this Agreement.

  1. ACCEPTANCE

3.1. Acceptance of the Public Offer means that the Donor agrees with all the terms of this Public Offer, with which he/she has familiarized himself/herself on the Website, understands and agrees that the Charitable donation will be used to achieve the goals and programs provided by the Statute of the Public Organization, which he/she can familiarize himself/herself with by sending a request to the email address.

3.2. By accepting the Public Offer, the Donor fully acknowledges and agrees with the subject of the Agreement.

3.3. The Charitable donation is voluntary and is not refundable, except in cases established by applicable law. If the donation was made to the account of the Public organization without identification of the payer and the Public organization cannot identify the Donor of the donation, such donation is also not returned by the Public organization.

3.4. Charitable donations are indefinite, and their use is not limited in time.

3.5. The Donor understands and unequivocally agrees with the right of the Public Organization to use part of the Charitable donation of the Donor for the administrative expenses of the Public Organization, in an amount no larger than provided for by the legislation of Ukraine.

3.6. The Parties agree that from the moment of acceptance of this Public Offer by the Donor, this Agreement is considered concluded in written form in accordance with articles 207, 639, 641, and 642 of the Civil Code of Ukraine. At the same time, the Parties agree that the non-compliance with the written form of the transaction by the Parties does not mean its invalidity.

3.7. The Fund processes the personal data of the Donor, provided during the visit of the Site and/or making a money transfer (hereinafter – personal data), for the purpose of proper implementation of this Agreement and its statutory activities. Detailed information about the processing of personal data by the Fund is placed in the Privacy Policy.

  1. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Public organization has the right to:

  • receive Charitable donations;
  • independently determine the directions of using the Charitable donation in accordance with its statutory activity and the legislation of Ukraine, except when the Donor has defined a specific purpose of his/her donation under a separate agreement with the Public organization. Thus, if the specific purpose of the charitable donation is not defined by the Donor, it is assumed that the donation is made for the implementation of the statutory activity by the Public organization;
  • change the directions of using the Charitable donation within the scope of the statutory activity of the Public organization without agreement with the Donor;
  • use part of the Charitable donation for the administrative expenses of the Public organization without the consent of the Donor;
  • publish on the Website or in any mass media the surname, name, patronymic or commercial name of the Donor as a Donor of the Public organization. By accepting this Public Offer, the Donor gives his/her consent for such publication and any other additional consent of the Donor for this is not required. In case of disagreement of the Donor with such publication, he/she has the right to refuse publication of the Donor’s data specified in this paragraph as a Donor of the Public organization;
  • collect, process, store, transmit to third parties data obtained from Donors, except for their financial data.

4.2. The Public organization is obliged to: -provide a report on the use of Charitable donations at the written request of the Donor, which should be sent by registered mail with a description of the enclosure to the legal address of the Public organization specified on the Website.

4.3. Donor’s rights:

  • to provide the Public organization with a Charitable donation without restrictions on the size and number of times;
  • to monitor the use of the Charitable donation;

4.4. Obligations of the Donor:

  • familiarize yourself with the terms of this Public Offer before accepting it. In case of disagreement of the Donor with any of the terms of this Public Offer, he/she should not accept it and must definitely leave the web page of the Site, which provides the possibility of making a Charitable donation.

4.5. By making a Charitable donation, the Donor unequivocally affirms (i) his/her legal capacity, (ii) the voluntariness of the transaction, (iii) that the subject of the charitable donation is not under prohibition, arrest, is not pledged, is not encumbered by any other rights of third parties and was not acquired in violation of the norms of the Law of Ukraine No. 361-IX “On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financing of Terrorism and Financing of Proliferation of Weapons of Mass Destruction”. In case the Public organization has reasonable doubts about these statements, the Public organization has the right to request, and the Donor is obliged to provide, relevant confirming evidence of these statements.

 

4.6. The Donor agrees that after entering information about himself/herself while making a Charitable donation, registering on the Website, letters and messages, including of an advertising nature, may be sent to the electronic address or contact phone number of the Donor by the Public organization. At the same time, the Public organization undertakes not to transfer the email address and other information about donors to third parties except in cases provided by the current legislation of Ukraine.

 

  1. PLACE OF PUBLIC FUNDRAISING

5.1. Collection of Charitable donations is conducted in any country of the world. The direct activity of the Public organization related to the collection of Charitable donations under this Agreement is conducted at the location of the Public organization.

 

  1. FUNDRAISING PERIOD

6.1. The fundraising continues until the cessation of the Public organization’s activities (including by means of liquidation), unless another period is determined by the decision of the Public organization, about which the Donor will be notified by posting relevant information on the Website.

 

  1. OTHER TERMS OF THE AGREEMENT

7.1. The relationship between the Donor and the Public organization is governed by the provisions of the current legislation of Ukraine.

7.2. The Foundation’s responsibility for violation of this Agreement or the order of using Charitable donations arises on the grounds, in the amount and in the order determined by the requirements of the current legislation of Ukraine.

7.3. In case of disputes between the parties to this Agreement, they should 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.

7.4. The Public organization is relieved of responsibility for disclosing personal data obtained by law from publicly available sources, as well as information and data that have been disclosed or published or otherwise available in the media and the Internet.

 

Public organization “HELP PEOPLE”

Ukraine, Kyiv, Vasylkivska St,

14, office 313-A

EDRPOU code 44356409

IBAN: UA413052990000026006021016252

JSC CB “PrivatBank”

E-mail: i@helppeople.org.ua

Head of the organization Alexey VORONIN