offer_eng | CHARITABLE FOUNDATION POTRIBNI

Public Offer

on the Provision of Voluntary Charitable Donation

This Public Offer on the provision of charitable donations (hereinafter referred to as the “Offer”) is directed towards an indefinite circle of individuals (hereinafter referred to as “Donors”) who are visitors of the official website of the CF “CHARITABLE FOUNDATION “POTRIBNI” (hereinafter referred to as the “Fund”) on the Internet at the link https://potribni.com/ (hereinafter referred to as the “Site”) and wish to make a charitable donation in the understanding of this public offer, together hereinafter referred to as the “Parties”, and each separately as the “Party”.

The text of the Offer is an official proposal of the CF “CHARITABLE FOUNDATION “POTRIBNI”, represented by the chairman of the board, Andrii Hryhorovskyi, acting based on the Charter, to conclude an agreement on the provision of a charitable donation under the terms specified below:

1. Terms and Definitions Used in the Agreement

Public Offer – a valid proposal of the Fund, posted on the website: https://potribni.com/, for the provision of charitable donations, directed towards an indefinite circle of individuals.

Acceptance – full and unconditional acceptance of the Offer by performing actions aimed at making a monetary transfer using payment forms and means placed 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 crediting funds to the Fund’s current account.

Charitable Donation – a free transfer of funds by the Donor to the Fund for achieving certain charitable purposes stipulated by the Charter and/or charitable programs of the Fund, in accordance with the Law of Ukraine “On Charitable Activities and Charitable Organizations”, the Charter of the Fund, and this Agreement.

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

Beneficiary – a recipient of charitable assistance, receiving help from one or more Donors to achieve the goals defined by the Law of Ukraine “On Charitable Activities and Charitable Organizations” and the Charter of the Fund.

2. Subject of the Agreement

The subject of this Agreement is the free and voluntary transfer of funds by the Donor to the Fund through a charitable donation to ensure the provision of charitable assistance by the Fund in accordance with the Law of Ukraine “On Charitable Activities and Charitable Organizations”, the Charter, and charitable programs of the Fund, etc. Except for cases where the Donor makes a charitable donation for pre-determined purposes (for a specific charitable project), the Fund independently determines the amount and direction of the charitable donation in accordance with its statutory activities and programs.

In case the Donor makes a charitable donation for pre-determined purposes (within a specific charitable project implemented by the Fund), the Fund uses such a donation for these purposes (a specific charitable project), independently determining the order and directions for using the charitable donation within the framework of such a project.

The performance of this Agreement by the Parties does not aim to obtain profit or any benefits for either Party.

3. Goals and Areas of Charitable Activity

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 Charter, and charitable programs of the Fund.

4. Acceptance

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 public fundraising, and the Fund’s right to use part of the Donor’s Charitable Donation for administrative expenses of the Fund, in an amount not exceeding that specified by Ukrainian legislation.

The Donor and the Fund, guided by Art. 639, Art. 641, and Art. 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 non-compliance with the written form of the transaction by the Parties does not mean its invalidity.

The Fund processes the Donor’s personal data provided when visiting the Site and/or making a monetary transfer (hereinafter – personal data) for the proper implementation of this Agreement and its statutory activities. Detailed information on the procedure for processing personal data by the Fund is posted in the Privacy Policy.

5. Rights and Obligations of the Fund

The Fund has the right to:

Receive Charitable Donations and use them in accordance with the subject and conditions of this Agreement and its statutory activities;
Use part of the Charitable Donation for administrative expenses of the Fund in an amount not exceeding that provided by the Law of Ukraine “On Charitable Activities and Charitable Organizations”.

The Fund is obliged to:

Report on the use of Charitable Donations by posting relevant information on the website: https://potribni.com/;
In case of misuse of Charitable Donations or violation of the terms of this Agreement, return the funds used improperly to the Donor upon their written request.

6. Rights of the Donor

The Donor has the right to:

Monitor the use of the Charitable Donation by the Fund for its intended purpose;
Demand in writing the return of the Charitable Donation by the Fund in case of finding facts of its misuse.

7. Place of Public Fundraising

Public fundraising for Charitable Donations is carried out on the territory of any country in the world. The Fund’s direct activities related to public fundraising are carried out at the Fund’s location.

8. Fundraising Period

Public fundraising continues until the Fund’s activities are terminated (including liquidation), unless another period is determined by the Fund’s decision, of which the Donor will be notified by posting relevant information on the website: https://potribni.com/.

9. 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 the current legislation of Ukraine, in particular the Law of Ukraine “On Charitable Activities and Charitable Organizations”.

The Fund uses Charitable Donations in accordance with its statutory activities and programs.

The costs associated with making charitable donations (fees for transferring funds, taxes, charges, etc.) are borne by the Donor if such costs are charged to the Donor, and by the Fund if such costs are charged to the Fund. The Donor understands and agrees that part of their charitable donation may be used by the Fund to cover expenses related to making charitable donations if such expenses are automatically charged by third parties and cannot be avoided (e.g., payment system acquiring fees, bank fees, etc.).

If the project selected by the Donor is not fully funded, the fundraising period is extended, or the funds are used to partially complete the project. In this case, the funds provided by the Donors are not returned.

If the project is not implemented, the charitable contribution (aid) remains in the Fund’s account and is directed towards the implementation of other social projects or products.

A person making a donation to a specific project agrees to its redistribution/use in other projects (for example, if the fundraising is closed or no longer relevant).

The payer (donor) agrees that the donation amount is non-refundable under any circumstances.

Funds collected by the Fund are intended to support Ukrainian military personnel and the restoration of all Ukrainian cities, infrastructure restoration, humanitarian (volunteer) aid, and social media awareness about the country. By making a charitable contribution through LiqPay, PayPal, or payment to the Fund’s account, you agree to this and also agree that the donation amount is non-refundable.

10. Fund’s Responsibility

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

11. Amendments to the Public Offer

The Fund has the right to make changes to this Public Offer. All changes will be published on the website and take effect from the moment of publication.

The Donor’s consent is not required for the changes to the terms of the Public Offer to take effect.

12. Other Provisions

In case of disputes between the Fund and the Donor, the competent court will be the court at the Fund’s location.

Chairman of the Board,

CF “CHARITABLE FOUNDATION “POTRIBNI” Andrii HRYHOROVSKYI