This translation of the Public Offer is provided for informational purposes only. The official version of the Public Offer is in Ukrainian.
This public offer for a voluntary charitable donation is addressed to an undefined group of individuals and legal entities (each of them — the “Donor”) that are users of the website https://reface.fund/ on the Internet (the “Site”), and is an official and public offer of the Charitable Organization “Charitable foundation “Reface Fund”, identification code of legal entity 44787350, having its registered office at: 9 (let. A) Kontraktova Square, Kyiv, 04070 (the “Organisation”), to enter into an charitable donation agreement (the “Agreement”), on the terms described in the Agreement with each appealing Donor.
The Donor and the Organisation are collectively referred to as the “Parties”, and each individually as a — “Party”.
“Public Offer” means posted on the Site offer to provide the Charitable Donation (as defined below) to the Organisation, addressed to an unlimited number of persons, including the Donor.
“Acceptance” means full and unconditional acceptance of the Public Offer by making money transfer using the payment forms and methods available on the Site, as well as by transferring funds to the Organisation's bank account. The moment of the Acceptance is the date of funds transfer and/or crediting of funds to the Organisation's bank account.
“Charitable Donation” means a voluntary money transfer by the Donor for the achievement and implementation of the Organisation's goals, objectives, courses, and types of statutory activity in accordance with this Agreement, the Organisation's charter, the Law of Ukraine "On Humanitarian Aid" and the Law of Ukraine “On Charitable Activities and Charitable Organisations”.
2.1. The subject-matter is a volunteer transfer of the Charitable Donation by the Donor into the ownership of the Organisation for the implementation of the Organisation's statutory activities.
2.2. The Charitable Donation is voluntary and is not subject to further refund to the Donor.
2.3. Acceptance of the Public Offer means that the Donor agrees with all its provisions and is fully aware of and agrees with the subject matter of this Agreement, for the purpose of public collection of the Charitable Donations and with the right of the Organisation to use a part of the Donor's Charitable Donation for the administrative expenses of the Organisation in the amount not bigger than it is determined by laws of Ukraine.
2.4. The Donor and the Organisation, guided by Art. 207, para. 2 of Art. 639, Art. 641, and Art. 642 of the Civil Code of Ukraine, agree that from the moment of Acceptance, this Agreement is considered concluded in writing. However, the Parties agree that the Parties' failure to comply with the written form of the agreement does not mean its invalidity.
2.5. The Organisation may enter into agreements regarding the provision of the Charitable Donation in a different manner and/or under different conditions than provided for in this Agreement. The Donor may separately reach out to the Organisation to conclude such an agreement.
3. Placement of the Charitable Donation
3.1. The size of the Charitable Donation is determined by the Donor independently and at their own discretion using the payment forms and means available on the Site, as well as by transferring funds to the Organisation's bank account.
3.2. The Donor transfers the Charitable Donation to the Organisation in one or more transactions. The number of transactions and the size of the Charity Donation are unlimited.
3.3. The Charitable Donation shall be transferred on a non-cash basis.
3.4. The Charitable Donation is considered to have been transferred at the time the funds are credited to the Organisation's bank account. All expenses for the payment (commissions) applicable to the transfer (transfer and crediting) of the Charitable Donations are borne by the Donor.
3.5. The Charitable Donation is voluntary and is not subject to further refund to the Donor.
3.6. By providing the Charitable Donation, the Donor guarantees and warrants the Organisation about (i) their legal capacity, (ii) the voluntary nature of the transaction, and (iii) that the subject of the Charitable Donation is not subject to a ban, arrest, lien, or encumbered by any other rights of third parties and was not acquired in violation of the Law of Ukraine "On prevention and counteraction of legalization (laundering) of proceeds obtained through crime, financing of terrorism and financing of proliferation of weapons of mass destruction". If the Organisation has reasonable doubts about any of these statements, the Organisation has the right to request, and the Donor undertakes to provide, appropriate confirmation of the truth of these statements.
4. Rights and obligations of the Organisation
4.1. The Organisation has the right to:
(a) receive the Charitable Donations and use them to achieve the Organisation's goals, objectives, courses, and types of statutory activity in accordance with this Agreement, the Organisation's charter, Law of Ukraine "On Humanitarian Aid", and the Law of Ukraine “On Charitable Activities and Charitable Organisations”;
(b) change the way of use of the Charitable Donation within the scope of the Organisation's statutory activities without the consent of the Donor (except for the cases when the Donor has determined the specific purpose of their Charitable Donation in the designated transaction); and
(c) without the consent of the Donor, use a part of the Charity Donation for administrative expenses of the Organisation in the amount not greater than determined by laws of Ukraine.
4.2. The Organisation is obliged to:
(a) use the received Charitable Donations in accordance with the subject and terms of this Agreement, the Organisation's charter, Law of Ukraine "On Humanitarian Aid", and the Law of Ukraine “On Charitable Activities and Charitable Organisations”; and
(b) report about the use of the Charitable Donations in the manner determined by this Agreement and laws of Ukraine.
5. Donor's rights
The Donor has the right to control the intended use of the Charitable Donation.
6. Objectives of public collection of the Charitable Donations
6.1. The Organisation carries out charitable activities in accordance with its charter, in particular in the field of funds collection to support the Ukrainian people by financing various types of humanitarian aid for the population and assistance to the military in order to (1) protect the population of Ukraine in conditions of emergency situations and/or war and (2) promote defense capability and mobilization readiness of Ukraine, including repelling and deterring armed aggression of a foreign state.
6.2. If desired, the Donor may specify the intended purpose of the Charitable Donation (in a transaction purpose or by concluding a separate agreement with the Organisation), choosing among the programs (projects) or goals announced by the Organisation.
7. Place (territory) of public collection of the Charitable Donations
The public collection of the Charitable Donations is carried out on the territory of any country in the world. The direct activity of the Organisation related to the public collection of funds under this Agreement is carried out at the location of the Organisation.
8. Term of public collection of the Charitable Donations
The public collection of the Charitable Donations continues until the termination of the Organisation’s activities or its liquidation, unless another term is determined by the Organisation’s decision, about which the Donor will be notified by placing relevant information on the Site.
9. Procedure for targeted use of the Charitable Donations
The use of the Charitable Donations publicly collected under this Agreement is carried out through the purchase and supply of various types of humanitarian aid directly to people or organisations affected by the war in Ukraine, as well as the purchase of ammunition and other equipment for the defenders of Ukraine.
10. Procedure for general access to financial reports of the Organisation
The Organisation may publish reports on the use of the Charitable Donations on the Site. The Organisation is obliged to draw up and provide appropriate reports to the Donors or their legal successors on the use of the Charitable Donations given by them, if this is provided for in the transactions with such Donors. The procedure for drawing up and providing such reports by the Organisation is established in the relevant transactions with the Donors.
11. Liability of the Parties
11.1. In case obligations set forth under this Agreement are violated, the guilty party shall bear the liability defined by this Agreement and laws of Ukraine.
11.2. The Organisation is liable for the violation of the terms of this Agreement and the use of the Charitable Donations contrary to the procedure determined by the Organisation's statutory activities and laws of Ukraine, in accordance with the laws of Ukraine.
11.3. The Party is not liable for a breach of the Agreement not caused by their fault.
11.4. The Parties are liable only within the limits of the amount transferred of the Charitable Donation by the Donor under this Agreement.
12. Disputes resolution
12.1. All disputes related to this Agreement, its conclusion or those that arise in the process of its implementation shall be resolved through negotiations between the representatives of the Parties. If the dispute cannot be resolved through negotiations, it shall be resolved in a court according to the established jurisdiction and jurisdiction of such a dispute in the manner determined by the laws of Ukraine.
12.2. Laws of Ukraine shall apply to relations between the Parties.
13. Processing of personal data
13.1. The Donor gives his consent to the fact that after entering information about himself on the Site, his/her contact information can be used by the Organisation to send letters and messages, including in electronic form. At the same time, the Organisation has the right, as necessary, caused by the fulfillment of the terms of the laws of Ukraine and this Agreement, to transfer such personal data to third parties.
13.3. The Donor is liable for the accuracy of the information provided when transferring the Charitable Donation.
13.4. If you have any questions regarding this Public Offer, you may contact the Organisation by sending an email to [email protected].