PUBLIC OFFER
ON THE GRANT OF A VOLUNTARY CHARITABLE DONATION
1. GENERAL PROVISIONS
1.1. This public offer to make a charitable donation (hereinafter referred to as the "Offer"), in accordance with Article 641 of the Civil Code of Ukraine, is an offer from the "ALLIES" Charitable foundation to an indefinite number of legally capable individuals or a private legal entities which voluntarily engage in charitable activities (hereinafter each such person is referred to as a "Donor"), to enter into an agreement on the voluntary charitable donation (hereinafter referred to as the "Agreement") on the terms specified in this Offer.
1.2. The Offer enter into force from the moment it is posted on the Foundation’s webpage/website at the following link: https://allieslaw.com/en/договір-публічної-оферти/ (hereinafter referred to as the "Website"). This Offer is open-ended and may be changed or withdrawn by the Foundation at any time (before acceptance by the Donor) by posting relevant information on the Website.
1.3. The Foundation may enter into agreements regarding charitable donations in a manner and/or on the terms which are differs from those provided in this Offer. The Donor may separately contact the Foundation to enter into such an agreement.
2. SUBJECT OF THE AGREEMENT
2.1. The subject of this Agreement is the irrevocable and voluntary transfer of funds by the Donor to the Foundation for the purposes of the Foundation's activities.
2.2. On the Foundation’s Website, Donors have the option to choose the desired directions for their charitable donation:
- FPV drones;
- Sights;
- Night vision devices;
- Vehicles;
- Communication devices;
- Tactical medicine;
- Drones;
- Ammunition.
2.3. The Donor on its sole discretion determines the amount of the charitable donation and the desired direction of usage of the donated funds, the list of which (directions) is stipulated on the Foundation’s Website.
2.4. The Foundation’s designation of directions for charitable donations on the Website is for the Foundation’s statistical purposes only.
2.5. If the Donor wishes to specify a particular purpose for the donation, a written agreement on the charitable donation shall be concluded between the Donor and the Foundation.
2.6. The Foundation on its sole discretion, not depends of chosen by the Donor direction of usage of the donated funds (accept concluding with the Donor the Agreement on voluntary charitable donation), determines the direction of usage of the donated funds. This Agreement is not aimed at generating the profit by any of the Parties to the Agreement, either directly or indirectly.
2.7. The transfer of funds by the Donor under this Offer is recognized as a charitable donation in accordance with Article 6 of the Law of Ukraine " On Charity Work and Charitable Organisations".
2.8. The Donor gives irrevocable consent to the redistribution of the funds (charitable donation) in any of the Foundation’s projects, regardless of the direction chosen by the Donor on the Fund’s Website and the payment purpose specified in the donation payment instructions. The Donor understands that the funds are non-refundable and will be used within the framework of the Foundation’s activities and projects carried out by the Fund. Fundraising for the directions is conducted on an open-ended basis.
3. FOUNDATION’S ACTIVITY
3.1. The Foundation conducts charitable activities in accordance with its Charter, including in the area of supporting the defense capability of Ukraine.
3.2. The Foundation’s activities are not aimed at generating the profit.
3.3. The information about the Foundation’s activities and monthly reports are posted on the Foundation’s Website.
4. THE DONATION
4.1. The Donor on its sole discretion determines the amount of the charitable donation.
4.2. The charitable donation is voluntary and is not refundable.
4.3. In accordance with this Offer, charitable donations are made by Donors and used by the Foundation for the purposes of conducting charitable activities (charitable programs) of the Foundation in accordance with the Charter and the provisions of the current Ukrainian legislation. The Donor agrees with this intended purpose of the donation.
5. THE RIGHTS AND THE OBLIGATIONS OF THE PARTIES
5.1. The Foundation undertakes to use the Donor's charitable donation strictly in accordance with the provisions of the current Ukrainian legislation and only within the framework of its activities.
5.2. The Foundation has the right on its own discretion determine the directions of usage of the charitable donation in accordance within the framework of its activities and the provisions of the current Ukrainian legislation, except the cases when the Donor has specified a particular purpose for the donation under a written agreement with the concluded with the Foundation. Thus, if the specific purpose of the charitable donation is not defined in the written agreement concluded with the Foundation, it is considered that the donation is made for the Foundation’s activities.
5.3. The Donor has the right to receive information about the usage of the charitable donation. For this purpose, the Foundation may post financial reports on the Website, including information about (i) the amounts of donations received by the Foundation during the reporting period, and (ii) the Foundation’s expences during the reporting period. Upon written request of the Donor, the Foundation may also confirm the intended usage of the charitable donation with additional documents. Access to reports is provided by the Foundation in the manner and within the timeframes specified by the current Ukrainian legislation and this Offer.
5.4. By making a charitable donation, the Donor affirms (i) its legal capacity, (ii) the voluntariness of the donation, (iii) the funds used for the charitable donation is not under arrest, pledged, encumbered by any other third-party rights, and were not acquired in violation of the Law of Ukraine " On Prevention and Counteraction to Legalisation (Laundering) of Criminal Proceeds, Terrorist Financing and Financing of Proliferation of Weapons of Mass Destruction". In the case if the Foundation reasonable doubts about these statements, the Foundation has the right to request, and the Donor is obliged to provide appropriate evidence of these statements.
6. THE ACCEPTANCE
6.1. The acceptance is the complete and unconditional acceptance of this Offer by taking actions to make a money transfer using the payment forms and methods posted on the Website, as well as by transferring funds to the Foundation’s bank account via bank wire transfer. The moment of Acceptance is the date of the money transfer and/or the crediting of funds to the Foundation’s bank account.
6.2. The acceptance of this Offer means that the Donor agrees with all its provisions and fully understands and agrees with the subject of the Agreement, the purpose of the donation, and the Foundation’s right to use part of the Donor’s charitable donation for the Foundation’s administrative expenses, in an amount not exceeding that specified by the the current Ukrainian legislation.
6.3. The Donor and the Foundation, in accordance with Articles 639, 641, and 642 of the Civil Code of Ukraine, agree that from the moment of Acceptance, the Agreement is considered concluded. The Parties agree that non-compliance with the written form of the transaction does not imply its invalidity.
6.4. The Foundation processes the Donor’s personal data provided when visiting the Website and/or making a money transfer (hereinafter referred to as "personal data") for the proper implementation of this Agreement.
7. FINAL PROVISIONS
7.1. The relations between the Donor and the Foundation are governed by the current legislation of Ukraine.
7.2. The Foundation’s liability for violating of this Agreement or the usage of the charitable donations arises on the grounds, and in the manner determined by the current Ukrainian legislation.
7.3. In the case of disputes between the parties to this Agreement, they shall be resolved through negotiations. If it is not possible to resolve disputes through negotiations, the disputes shall be considered by the courts in the manner established by the current Ukrainian legislation.
8. CONTACT DETAILS
Recipient: "ALLIES" CHARITABLE FOUNDATION.
The address: Ukraine, 40022, the city of Sumy, Revolution of Dignity Str., 19, Apt. 16.
EDRPOU Code: 45376557.
Mail to: a.titarenko@allieslaw.com.
Contact number: +380 99 631 65 84.