Public Agreement (Offer) for Providing Charitable Donation

Last Updated: April 4, 2024

This Public Offer for providing a charitable donation (hereinafter referred to as the Offer) is addressed to an unspecified circle of individuals (hereinafter referred to as the Donor) and is a public proposal from the CHARITABLE ORGANIZATION “CHARITY FUND “FOOD FOR LIFE KHARKIV” (hereinafter referred to as the Fund) to conclude an agreement for providing a charitable donation under the following terms:

Terms and Definitions Used in the Agreement

Public Offer – the actual proposal of the Fund, posted on the website: https://kharkiv.foodforlife.org.ua/oferta, for providing a charitable donation, addressed to an unspecified circle of individuals.

Acceptance – full and unconditional acceptance of the Offer by performing actions aimed at transferring money through payment forms and means posted on the website, as well as by transferring funds to the Fund’s current account through banking institutions. The Offer is considered accepted from the date of the funds’ credit to the Fund’s current account.

Charitable Donation – the gratuitous transfer of funds by the Donor to the ownership of the Fund to achieve certain charitable goals as defined by the Fund’s Statute and/or charitable programs, in accordance with the Law of Ukraine “On Charitable Activities and Charitable Organizations,” the Fund’s Statute, and this Agreement.

Donor – a legally capable individual who voluntarily engages in one or more types of charitable activities. For the purposes of this Agreement, the Donor is an individual who has accepted the Offer.

Beneficiary – the recipient of charitable assistance who receives help from one or more Donors to achieve the goals defined by the Law of Ukraine “On Charitable Activities and Charitable Organizations,” and the Fund’s Statute.

Subject of the Agreement

The subject of this Agreement is the gratuitous and voluntary transfer of funds by the Donor to the ownership of the Fund by making a charitable donation to ensure that the Fund provides charitable assistance in accordance with the Law of Ukraine “On Charitable Activities and Charitable Organizations,” the Fund’s Statute, and its charitable programs. Except in cases where the Donor makes a charitable donation for predetermined purposes (for a specific charitable project), the Fund independently determines the scope and directions of the charitable donation’s use in accordance with its statutory activities and programs.

If the Donor makes a charitable donation for predetermined purposes (within a specific charitable project implemented by the Fund), the Fund uses such a donation for those purposes (specific charitable project), independently determining the order and directions of the donation’s use within the framework of such a charitable project.

If the project is not implemented or if there are remaining funds, the Fund independently determines the use of such a charitable donation in accordance with its statutory activities and programs.

The performance of this Agreement by the parties is not intended to generate profit or any benefits for either party.

Goals and Areas of Charitable Activities

The goals and areas of the Fund’s charitable activities are defined by the Law of Ukraine “On Charitable Activities and Charitable Organizations,” the Law of Ukraine “On Humanitarian Aid,” the Fund’s Statute, and the Fund’s charitable programs.

Acceptance

By accepting the Offer, the Donor agrees to all the terms of the Offer, which they have read on the website https://kharkiv.foodforlife.org.ua/oferta. Additionally, by accepting the Offer, the Donor fully understands and agrees with the subject of this Agreement, the goals of the public fundraising, and confirms the Fund’s right to use part of the Charitable Donation for the Fund’s administrative expenses in an amount not exceeding that specified in the Law of Ukraine “On Charitable Activities and Charitable Organizations.”

The parties agree that from the moment of acceptance of the Offer, this Agreement is concluded in written form in accordance with Articles 207, 639, 641, and 642 of the Civil Code of Ukraine and Article 7 of the Law of Ukraine “On Charitable Activities and Charitable Organizations.” The parties agree that after acceptance, the failure to sign this Agreement as a separate document does not render this Agreement invalid.

Rights and Obligations of the Fund

The Fund has the right to:

Receive Charitable Donations and use them in accordance with the subject and terms of this Agreement and its statutory activities.

Use part of the Charitable Donation for the Fund’s administrative expenses in an amount not exceeding that specified in the Law of Ukraine “On Charitable Activities and Charitable Organizations.”

The Fund is obliged to:

Report on the use of Charitable Donations by posting the relevant information on the website: https://kharkiv.foodforlife.org.ua/.

Rights of the Donor

The Donor has the right to:

Receive information about the use of the Charitable Donation for its intended purpose by the Fund.

Receive written information about the use of the Charitable Donation by the Fund.

Location of Public Fundraising

The public fundraising of Charitable Donations is carried out in the territory of any country in the world. The direct activity of the Fund concerning public fundraising is carried out at the Fund’s location.

Fundraising Period

Public fundraising lasts until the termination of the Fund’s activities (including liquidation), unless another period is determined by the Fund’s decision, which the Donor will be notified of by posting the relevant information on the website: https://kharkiv.foodforlife.org.ua.

Procedure for Using Charitable Donations

The use of charitable donations is carried out to achieve the goals defined by the Fund’s statutory activities and current Ukrainian legislation, particularly the Law of Ukraine “On Charitable Activities and Charitable Organizations.”

The Fund uses Charitable Donations according to its statutory activities and programs.

The Charitable Donations received by the Fund cannot be returned to the Donor.

Fund’s Responsibility

The Fund is responsible for violating the terms of this Agreement and for using Charitable Donations contrary to the procedures specified by the Fund’s statutory activities and Ukrainian legislation, in accordance with the current legislation of Ukraine.

The costs associated with transferring Charitable Donations (commissions for transferring funds, etc.) are borne by the Donor.

Changes to the Terms of the Public Offer

The Fund has the right to make changes to this Public Offer. All changes will be published on the website https://kharkiv.foodforlife.org.ua/oferta and come into force from the moment of their publication.

When changes to the terms of the Public Offer come into effect, the Donor’s consent is not required.