Public offer

Public offer of donations for charitable purposes

This Public Offer to Make Charitable Donations (hereinafter referred to as the Offer) is aimed at an indefinite number of individuals (hereinafter referred to as the Benefactor) who are visitors to the official website of the Pirogov First Volunteer Mobile Hospital Charitable Foundation (hereinafter referred to as the Organisation) on the Internet at https://www.pdmsh.ua/en (hereinafter referred to as the "Site") and who wish to make a charitable donation within the meaning of this public offer (hereinafter referred to as the Charitable Donation Agreement), are hereinafter referred to collectively as the "Parties" and individually as a "Party".

The text of the Offer is an official proposal by the Pirogov First Volunteer Mobile Hospital Charitable Foundation Ukraine, represented by its Executive Director Tetiana Samoilenko, acting on the basis of the Charter, to enter into a charitable donation agreement (hereinafter referred to as the "Agreement"), the essence of which is set forth below.

Definitions and concepts

1.1. Public Offer - a valid offer of the Organisation posted on the Website to make a charitable donation addressed to an unlimited number of persons, including the Benefactor.

1.2. Acceptance is the full and unconditional acceptance of the Public Offer by taking actions to make a money transfer using the payment forms and means posted on the Website, as well as by transferring funds to the current account of the Organisation through bank institutions. The moment of Acceptance is the date of crediting funds to the bank account of the Organisation.

1.3. Charitable donation is a gratuitous transfer of funds  by the Benefactor to the Organisation to achieve certain pre-established goals of the activity in accordance with the Agreement and the Law of Ukraine "On Charitable Activities and Charitable Organisations».

Subject of the agreement

2.1. The subject matter of this Agreement is a free and voluntary transfer of funds from the Benefactor to the Organisation by making voluntary donations for the implementation of the statutory purposes and activities of the Organisation, as well as for the provision of charitable assistance by the Organisation in accordance with the Law of Ukraine "On Charitable Activities and Charitable Organisations", the programmes of the Foundation.

2.2. The amount and size of charitable donations shall be determined by the Benefractor at his/her sole discretion.

2.3. Fulfilment of the terms of the Offer by the parties is not intended to generate profit or any benefits for any of the Parties.

2.4. The Parties confirm that the Parties' profit (direct or indirect) is not the subject of the Offer.

2.5. Acceptance of this Public Offer by the Benefactor is carried out by making a Charitable Donation.

Acceptance of the Offer

3.1. Acceptance of the Offer (acceptance of the terms of the Offer) means that the Benefactor agrees with all its provisions, he/she is familiar with the Charter of the Organisation, which is posted electronically on the Organisation's Website, he/she is fully aware of and agrees with the subject matter of the Agreement, with the purpose and objectives of public charitable donations and with the right of the Organisation to use part of the B Charitable Donation for the administrative expenses of the Organisation, in the amount not exceeding the amount provided for by the legislation of Ukraine.

3.2. The Benefactor and the Organisation, 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 of the Offer, the Charitable Donation Agreement shall be deemed concluded.

3.3. The Parties agree that the failure of the Parties to comply with the written form of the Charitable Donation Agreement shall not mean its invalidity.

Rights and obligations of the Organisation

4.1. The Organisation has the right to:

4.1.1. Receive Charitable Donations and use them in accordance with the terms of the Offer and the Charitable Donation Agreement.

4.1.2. To change the directions of use of charitable donations within the framework of the Statutory activities of the Organisation.

4.1.3. To use part of the Charitable Donation for the administrative expenses of the Organisation, without the consent of the Benefactor, in the amount not exceeding the amount provided for by the legislation of Ukraine.

4.2. The organisation is obliged to:

4.2.1. Create the conditions necessary for the Benefactor to make a Charitable Donation in accordance with the terms of the Offer.

4.2.2. To use the charitable donations received to achieve the goals set out in the Charter of the Organisation.

4.2.3. Keep confidential information (including personal data) received from the Benefactor, do not transfer it to third parties without the consent of the Benefactor, except in cases established by the Offer and the current legislation of Ukraine.

Rights and obligations of the Benefactor.

5.1. Благодійник має право:

5.1.1. The Benefactor has the right to.

5.1.2. Contact the Organisation to receive a report on the use of charitable donations by the Organisation.

5.2. The Benefactor is obliged to:

5.2.1. To read in detail and carefully all the terms and conditions of the Offer and accept them when making a charitable donation, as well as all additional rules governing the relations of the Parties under the Offer.

Place and terms of receipt of charitable donations

6.1. The public collection of donations is carried out in any country of the world in accordance with the procedure provided for in Article 7 of the Law of Ukraine "On Charitable Activities and Charitable Organisations". The direct activities of the Organisation related to the public collection of donations under the Agreement shall be carried out at the location of the Organisation.

6.2. The public collection of donations shall continue until the liquidation of the Organisation, unless another term is determined by the Organisation.

The procedure for making a charitable donation.

7.1. The Organisation provides the Benefactor with the opportunity to pay the Charitable Donation by electronic payment on the Site, by transferring funds to the bank account of the Organisation (through the payment service of the European Payment

System LLC). The Benefactor chooses the payment format at his/her own discretion: one-time or regular (with the possibility to cancel regular payments at any time).

7.2. The payment is recognised as made by the Benefactor at the moment of confirmation of a successful transaction by the bank or payment system. All expenses related to the transfer of the donation shall be borne by the Benefactor.

7.3. The charitable donation paid by the Benefactor is non-refundable under any circumstances.

Procedure for using charitable donations:

8.1. The Charitable Donations collected under the Agreement shall be used in accordance with the objectives of the statutory activities of the Organisation. The Organisation shall dispose of the Charitable Donations at its sole discretion. The Charitable Donations received by the Organisation shall not be refunded. The parties' liability for violation of the terms of this Agreement or the procedure for using the Charitable Donations is provided for by the requirements of the current legislation of Ukraine.

8.2. The Benefactor or persons authorised by the Benefacror shall have the right to control the intended use of the Charitable Donation.

8.3. Procedure for public access to the financial statements of the Organisation:

Access to the Organisation's reports is provided by contacting the Organisation at the email address info@pdmsh.ua, which is listed on the website https://www.pdmsh.ua. Other information shall be provided by the Organisation in the manner and within the terms provided for by the legislation of Ukraine.

Responsibility of the Parties

9.1. In the event of non-fulfilment or improper fulfilment of its obligations under the Offer, the Parties shall be liable in accordance with the current legislation of Ukraine and the terms of this Offer.

9.2. The Organisation shall not be liable in case of actions/inactions of third parties, as a result of which the Organisation could not fulfil its obligations under the Offer.

Confidentiality and protection of personal data

10.1. The Benefactor, by making the Acceptance, confirms that he/she is familiar with and agrees to the collection and processing of personal data.

10.2. The Organisation collects and processes the Benefactor's personal data in order to fulfil its obligations under the Offer and in accordance with the Law of Ukraine "On Personal Data Protection".

10.3. The Benefactor agrees that after entering information about himself/herself when making a Charitable Donation, subscribing to the Organisation's news on the Website, he/she may receive reports on the results of public meetings and the use of charitable donations by the Organisation, letters and messages, including advertising.

10.4. The organisation undertakes not to transfer the email address and other information about the benefactors to third parties, except in cases provided for by the current legislation of Ukraine.

10.5. The Organisation is not responsible for the disclosure of personal data that occurred as a result of illegal actions of third parties or if such disclosure occurred with the consent of the Benefactor.

The validity period of the Offer. Procedure for making changes and additions

11.1. The Public Offer comes into force from the moment it is posted on the Website and is valid until the liquidation of the Organisation, unless another term is determined by the Organisation. The provisions of this clause shall also apply to additions (changes) to the Offer.

11.2. The Organisation has the right to change the terms of the Public Offer without the consent of the Benefactor. The Organisation reserves the right to unilaterally change the terms of the Offer at any time, without any restrictions, by publishing a new version of the Offer on the Website.

11.3. The Benefactor is obliged to independently monitor changes in the terms of the Offer by reviewing the current new (current) version on the Site.

Means of dispute settlement between Parties

12.1. Disputes and disputes arising from the performance of the Charitable Donation Agreement concluded on the terms of the Offer shall be resolved through negotiations in writing.

12.2. The claim shall be submitted to the Party in writing by sending a registered letter with acknowledgement of receipt within a period not exceeding 10 (ten) calendar days from the date of occurrence of the remarks that are the basis for the dispute or controversy. The claim shall be considered within 10 (ten) calendar days, calculated from the date of its delivery to the Party to which it is addressed.

12.3. If the Parties are unable to reach an agreement during the negotiations in writing, the dispute shall be considered in accordance with the procedure provided for by the current legislation of Ukraine.

12.4. On all other issues not covered by this Offer, the Parties shall be governed by the current legislation of Ukraine.

Force majeure

13.1. The Parties shall be released from liability for non-performance or improper performance of obligations under the terms of the Offer if such non-performance is the result of force majeure circumstances and their consequences, namely: fires, epidemics, floods, earthquakes or other natural disasters, war and hostilities, strike(s), sabotage, accident, mass disorder and riots, quarantine restrictions, acts of public authorities or administration, international sanctions, etc, that directly affect the performance of the Agreement and arose after its conclusion. In this case, the term for fulfilment of obligations under such Agreement shall be extended for the duration of the said circumstances and their consequences.

13.2. A Party that is unable to fulfil its obligations under the Agreement as a result of force majeure circumstances and their consequences shall, within 15 days, notify the other Party in writing of the beginning or end of such circumstances, as well as provide documentary evidence of their occurrence and existence.

13.3. Failure to notify or untimely notification of force majeure circumstances shall deprive the relevant Party of the right to refer to these circumstances as exempt from liability. Notification of the Organisation of the occurrence of force majeure is possible, inter alia, by posting relevant information on the Website.

13.4. Confirmation of the existence and duration of force majeure shall be provided by certificates issued by the authorised state authorities of Ukraine.

Organisation credentials:

Version of the Offer dated July 15 2024

Published on the Website  July 16 2024