on Making Charitable Donation
1. This Public Offer on Making Charitable Donation (hereinafter referred to as the «Offer»), in accordance with Art. 641 of the Civil Code of Ukraine, is a proposal of the NONPROFIT ORGANIZATION «UKLON CARE», legal entity identification code 44710031, located at the address: Ukraine, 04073, Kyiv, Bandery Stepana Avenue, building 20B (hereinafter – the “Organization”), represented by the Head of the Organization Serhii Anatoliiovych Smus, who acts on the basis of the Charter, to an indefinite circle of individuals with full legal capacity and private legal entities which/who voluntarily carry out charitable activities (hereinafter, each such person is a “Benefactor”), to enter into an agreement on the provision of a Charitable Donation (hereinafter – the «Agreement») on the terms described in this Offer, with each Benefactor who applies.
2. This Offer enters into force from the moment it is posted on the webpage of the Organization on the Internet at the link: https://uklon.com.ua/user-agreement (hereinafter – the «Website»). This Offer is open-ended and may be changed or withdrawn by the Organization at any time (prior to its acceptance by the Benefactor) by posting relevant information on the Website.
3. Benefactor and Public Organization, guided by Art. 207, Part 2 of Art. 639, Art. 641, 642 of the Civil Code of Ukraine, agree that from the moment of Acceptance, the Agreement is considered concluded in writing. At the same time, the Parties agree that the Parties’ failure to comply with the written form of the transaction does not mean its invalidity.
4. Acceptance – full and unconditional acceptance of the Offer by taking actions to make a money transfer using the payment forms and means placed on the Website, as well as by transferring funds to the current bank account of the Organization. The moment of Acceptance is the date of money transfer and/or crediting of funds to the bank account of the Organization. Acceptance means that the Benefactor agrees with all its provisions, he is fully aware of and agrees with the subject of the Agreement and with the purpose of public collection of donations.
5. Charitable Donation – voluntary transfer of funds by the Benefactor to the Organization for the achievement of certain, pre-arranged activity purposes, in accordance with the Agreement and the Law of Ukraine “On Public Associations”.
6. Fondy is a payment service provided by Financial Company Elaiens LLC (identification code: 38905834), created for large and small businesses, intended for making payments between individuals, legal entities and/or individual entrepreneurs on the Internet using personal computers and/or other mobile devices.
7. Way For Pay is a payment service provided by Financial Company Way For Pay LLC (identification code: 39626179), created for large and small businesses, intended for settlement between individuals, legal entities and/or individuals – by entrepreneurs on the Internet using personal computers and/or other mobile devices.
8. Subject of the contract
The subject of this Agreement is the free and voluntary transfer of funds by the Benefactor into the ownership of the Organization, by making voluntary donations for the implementation of the statutory activities of the Organization.
The Benefactor independently determines the size of the Charitable Donation.
The Organization independently determines the directions for the use of the Charitable Donation within the framework of its own statutory activity, unless otherwise determined by the Benefactor in accordance with the procedure specified in this Agreement.
The subject of this Agreement is not directly or indirectly receiving profit by any of the Parties to the Agreement.
The Benefactor’s transfer of funds under this Agreement is recognized as a Charitable Donation in accordance with Art. 6 of the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
9. The Organization has the right to:
- receive Charitable Donations and use them in accordance with the subject and terms of this Agreement;
- to independently determine the directions of use of the Charitable Donation in accordance with its statutory activity and the legislation of Ukraine, except for cases when the Benefactor has determined the specific purpose of his donation under a separate contract with the Organization. Thus, if the Benefactor does not specify the specific purpose of the Charitable Donation, it is considered that the donation was made for the implementation of statutory activities by the Organization;
- without agreement with the Benefactor, to change the direction of the use of the donation within the statutory activity of the Organization;
- without agreement with the Benefactor, to use a part of the Charitable Donation for the administrative expenses of the Organization, in an amount not greater than that provided for by the legislation of Ukraine.
10. The Organization is obliged to:
- in the case of using the Charitable Donation contrary to the purposes of this Agreement, return the funds to the Benefactor upon his written request.
11. The Benefactor has the right to:
- monitor the intended use of the Charitable Donation;
- receive information about the use of his Charitable Donation. For this purpose, the Organization may post monthly financial reports on the Website, which include information on (i) the amounts of donations received by the Organization during the reporting period, and (ii) the expenses of the Organization during the reporting period. At the Benefactor’s written request, the Organization may also confirm the intended use of the Charitable Donation with additional documents. Access to reports on the use of Charitable Donation is provided by the Organization in the manner and within the time limits stipulated by the current legislation of Ukraine and this Offer.
12. Statutory activity of the Organization
The Organization is a non-entrepreneurial entity, the main purpose of which is not to make a profit. The main goal of the Organization is: implementation and protection of rights and freedoms, satisfaction of public, in particular economic, social, cultural, environmental and other interests of citizens of Ukraine. The main areas of activity of the Organization include, but are not limited to:
- promoting the construction of a peaceful and open society for the purpose of its sustainable development;
- implementation of projects in the field of reducing CO2 emissions and other environmental initiatives;
- promoting the implementation of public-private partnership projects in all spheres of public life permitted by law for the purpose of sustainable development of society;
- implementation of projects in the field of ride-hailing development;
- promotion of the harmonious development of the transport infrastructure of cities that is safe for the environment;
- implementation of projects in the field of services for transportation of people with limited mobility by road transport;
- protection and implementation of human rights in Ukraine, in particular, civil and political rights; approval and implementation of all forms of direct democracy in Ukraine;
- protection of citizens from breach of their rights and freedoms guaranteed by the Constitution and laws of Ukraine;
- prevention of attempts to hinder the implementation of direct democracy in Ukraine;
- assistance in the provision of volunteer assistance (assistance in the collection of volunteer assistance) to units of the Armed Forces of Ukraine, the Ministry of Internal Affairs of Ukraine, the Security Service of Ukraine, the State Border Service, other legal paramilitary formations (organizations), as well as to persons who suffered as a result of military operations in Ukraine ;
- assistance in the implementation of recreational, cultural, educational activities for members of the Organization, as well as for persons who suffered as a result of military actions in Ukraine.
13. Making a donation
13.1 Irregular Charitable Donations
The Benefactor on his/her sole discretion determines the size of the Charitable Donation. The Charitable Donation is voluntary and is not subject to further return to the Benefactor except in the cases stipulated by this Agreement and the legislation of Ukraine.
The Charitable Donation is transferred to the ownership of the Organization to achieve its statutory goals. Periodically, the Organization initiates new charitable and social projects, supports existing ones and independently resolves the issue of their duration and proportionality of funding in relation to other charitable projects of the Organization.
In the case of making a donation for the implementation of a specific charitable project announced by the Organization, it is used for the implementation of such a project. At the same time, the Organization has the right to change the goals and procedure of using the charitable donation, including changing the project.
13.2 Regular Charitable Donations
The Benefactor can choose a fixed amount of the Charitable Donation, which will be debited every time the Benefactor places an order in the Uklon application (Regular Charitable Donation). The size of the Regular Charitable Donation is arbitrary and determined at the discretion of the Benefactor.
Regular Charitable Donations received by the Organization are transferred to the following charitable organizations in the amount and/or proportions determined at the discretion of the Organization to fulfill the statutory goals of such charitable organizations, including to support the projects of these organizations with the aim of helping enterprises, institutions and organizations, including, but not exclusively to legal entities that are part of or subordinate to the Ministry of Defense of Ukraine, the Armed Forces of Ukraine, the National Guard of Ukraine, the Security Service of Ukraine, the Foreign Intelligence Service of Ukraine, the State Border Service of Ukraine, involved in repelling and deterring armed aggression, ensuring national security and defense of Ukraine:
- CHARITABLE ORGANIZATION “INTERNATIONAL CHARITABLE FOUNDATION “COME BACK ALIVE”, address: Ukraine, 01030, Kyiv, Bohdana Khmelnytskogo Street, building 32, office 41, EDRPOU code 39696398;
- CHARITABLE ORGANIZATION “CHARITABLE FOUNDATION OF SERHIY PRYTULA”, address: Ukraine, 01135, Kyiv, str. Zolotoustivska, 47-49,152, EDRPOU code 43720363;
- CHARITABLE ORGANIZATION “CHARITABLE FOUNDATION “DIGNITAS”, address: Ukraine, 03039, Kyiv city, Holosiivska street, building 5, apartment 59, EDRPOU code: 44943914.
The Benefactor has the right at any time in the Uklon application to cancel the Regular Charitable Donation, change the amount of the Regular Charitable Donation or change the details of the bank card from which the Regular Charitable Donation is debited.
13.3 All expenses for the payment of sums (commissions) related to the transfer and crediting of the donation are borne by the Benefactor.
14. Place of collection of Charitable Donations
Public collection of donations is carried out on the territory of any country in the world. The direct activity of the Organization related to the public collection of donations under the Agreement is carried out at the location of the Organization.
The public collection of Charitable Donations continues until the liquidation of the Organization, unless another term is determined by the Organization.
16. Payment details
When paying a Charitable Donation by bank card, payment processing (including entering the card number) takes place on a secure page of the Fondy and/or Way For Pay processing system. This means that confidential data (card details, registration data, etc.) are not sent to the Website, their processing is completely protected and no one can obtain the Benefactor’s personal and bank data.
When working with card data, the information protection standard developed by the international payment systems Visa and MasterCard – Payment Card Industry Data Security Standard (PCI DSS) is used, which ensures safe processing of details of the Benefactor’s bank card. The applied data transmission technology guarantees the security of transactions with bank cards by using Secure Sockets Layer (SSL), Verified by Visa, SecureCode protocols and closed banking networks with a higher degree of protection.
17. By making a Charitable Donation, the Benefactor unconditionally affirms (i) his legal capacity, (ii) the voluntary nature of the deed, (iii) that the subject of the Charitable Donation is not subject to a ban, arrest, lien, is not encumbered by any other rights of third parties and was not acquired in violation of the Law of Ukraine “On prevention and countermeasures against the legalization (laundering) of criminal proceeds, the financing of terrorism and the financing of the proliferation of weapons of mass destruction.” In the event that the Organization has reasonable doubts about these statements, the Organization has the right to ask, and the Benefactor undertakes to provide appropriate supporting evidence of these statements.
18. Final provisions
The provisions of the current legislation of Ukraine apply to the relationship between the Benefactor and the Public Organization.
The Organization’s liability for violation of this Agreement or the procedure for the use of Charitable Donations occurs on the grounds, in the amount and in the manner determined by the requirements of the current legislation of Ukraine.
In the event of disputes between the parties to this Agreement, they must 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.
The Organization has the right to unilaterally change or update the terms of this Offer at any time. All changes in this Offer, the new edition of the Offer come into force from the moment they are published on the Website.
19. Contact details
Name: NONPROFIT ORGANIZATION «UKLON CARE»
Location: Ukraine, 04073, city of Kyiv, Bandery Stepana Avenue, building 20B
The edition is effective from 8 April 2023