Public Offer
Current Edition: 01.11.2024
1. General Provisions
1.1. This public offer for providing a charitable donation (hereinafter referred to as the «Offer»), in accordance with Article 641 of the Civil Code of Ukraine, is a proposal by the Charitable Organization «Charitable Foundation ‘NATION CODE 47’», legal entity identification code 45480057, located at: Ukraine, Lviv, Rudnenska Street, 12 (hereinafter referred to as the «Foundation»), represented by the Director of the Foundation, Masenko Anastasiia Oleksandrivna, acting under the Charter, to an indefinite number of legally capable individuals and private legal entities that voluntarily engage in charitable activities (hereinafter individually referred to as the «Donor»), to conclude an agreement for providing a charitable donation (hereinafter referred to as the «Agreement») under the terms outlined in this Offer with each Donor who accepts it.
1.2. This Offer comes into effect upon its publication on the Foundation’s website on the Internet at the following link: https://nationcode47.in.ua/ (hereinafter referred to as the «Website»). This Offer is valid indefinitely and may be amended or withdrawn by the Foundation at any time (prior to its acceptance by the Donor) by posting the relevant information on the Website.
1.3. The Foundation may conclude agreements for providing charitable donations in a different manner and/or under different conditions than those specified in this Offer. The «Donor» may separately contact the «Foundation» to conclude such an agreement.
2. Subject of the Agreement
2.1. The subject of this Agreement is the free and voluntary transfer by the Donor of funds into the ownership of the Foundation by making a charitable donation to support the Foundation’s statutory activities. The Donor independently determines the amount of the charitable donation. The Foundation independently determines how the charitable donation will be used within its statutory activities unless otherwise specified by the Donor in the manner outlined in this Agreement. The subject of this Agreement does not include obtaining direct or indirect profit by either Party to the Agreement.
2.2. The transfer of funds by the Donor under this Agreement is recognized as a charitable donation in accordance with Article 6 of the Law of Ukraine «On Charitable Activities and Charitable Organizations.»
2.3. At their discretion, the Donor may specify the targeted purpose of the charitable donation by selecting from the programs (projects) or goals announced by the Foundation.
3. Activities of the Foundation
3.1. The Foundation carries out charitable activities in accordance with its Charter, in particular, in the field of enhancing the country’s defense capability and mobilization readiness in connection with the military aggression of the Russian Federation.
3.2. The activities of the Foundation are not aimed at generating profit.
3.3. Information about the Foundation’s activities and reports on the results of such activities are posted on the Website.
4. Making a Donation
4.1. The Donor independently determines the amount of the charitable donation.
4.2. The charitable donation is voluntary and is non-refundable to the Donor.
4.3. In accordance with this Offer and the Agreement, charitable donations are made by the Donors and used by the Foundation to carry out and ensure charitable activities (implementation of the directions, goals of charitable activities, and charitable programs) of the Foundation in accordance with the Charter and the legislation of Ukraine. The Donor agrees to such a designated purpose for their donation.
4.4. Methods of making a charitable donation:
- One-time payment;
- Subscription, which involves monthly/annual payments in any amount. The specified subscription can be canceled at any time through the user’s bank services (e.g., Privat24, Apple Pay, Google Play, and others).
5. Rights and Obligations of the Parties
5.1. The Foundation undertakes to use the funds of the charitable donation made by the Donor in strict compliance with the legislation of Ukraine and solely within the scope of its statutory activities.
5.2. The Foundation has the right to independently determine the directions for using the charitable donation in accordance with its statutory activities and the legislation of Ukraine, except in cases where the Donor has specified a particular purpose for their donation under a separate agreement with the Foundation. Therefore, if the specific purpose of the charitable donation is not defined by the Donor, the donation is considered to have been made for the Foundation’s statutory activities.
5.3. The Donor has the right to receive information about the use of their charitable donation. To this end, the Foundation may post monthly financial reports on the Website, which include information about the amounts of donations received by the Foundation during the reporting period and the Foundation’s expenditures during that period. Upon the written request of the Donor, the Foundation may also confirm the targeted use of the charitable donation with additional documents. Access to reports on the use of charitable donations is provided by the Foundation in the manner and within the timeframes specified by the applicable legislation of Ukraine and this Offer.
5.4. By making a charitable donation, the Donor unconditionally asserts their legal capacity, the voluntary nature of the transaction, that the subject of the charitable donation is not prohibited, seized, under lien, encumbered with any third-party rights, and has not been acquired in violation of the norms of the Law of Ukraine «On Preventing and Counteracting the Legalization (Laundering) of Proceeds from Crime, Terrorism Financing, and the Financing of Proliferation of Weapons of Mass Destruction». In the event the Foundation has reasonable doubts about these assertions, the Foundation has the right to request, and the Donor is obliged to provide, appropriate supporting evidence for these claims.
6. Acceptance
6.1. Acceptance is the full and unconditional acceptance of the Public Offer by performing actions related to making a money transfer using payment forms and methods posted on the Website, as well as transferring funds to the Foundation’s bank account through banking institutions. 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. Acceptance of the 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 public fundraising, 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 the limit set by the legislation of Ukraine.
6.3. The Donor and the Foundation, guided by Articles 639, 641, and 642 of the Civil Code of Ukraine, agree that from the moment of acceptance, the Agreement is considered concluded. At the same time, the Parties agree that failure to observe the written form of the transaction by the Parties does not render it invalid.
6.4. The Foundation processes the Donor’s personal data provided during the visit to the Website and/or the money transfer (hereinafter – personal data) for the proper implementation of this Agreement and its statutory activities. Detailed information about the processing of personal data by the Foundation is posted in the Privacy Policy.
7. Final Provisions
7.1. The relations between the Donor and the Foundation are governed by the provisions of the current legislation of Ukraine.
7.2. The Foundation’s liability for breach of this Agreement or the procedure for using charitable donations shall arise based on the grounds, in the amount, and in the manner determined by the requirements of the current legislation of Ukraine.
7.3. In case of disputes between the parties to this Agreement, they must be resolved through negotiations. If it is impossible to resolve the disputes through negotiations, the disputes will be considered by the courts in accordance with the procedure established by the current legislation of Ukraine.
8. Contact Information
Name: Charitable Organization «Charitable Foundation «CODE OF NATION 47»
Identification Code of the Legal Entity: 45480057.
Address: Ukraine, Lviv, Rudnenska St., 12
Email: [email protected]