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Public offer on the provision of a charitable donation

Version from 17.11.2023

1. General conditions

1.1. This Public offer on the provision of a charitable donation (hereinafter - the “Offer”) is the offer of Charity Organization “Charity fund “Open Eyes”, identification code 40880704, with registered office at Volodymyra Velykoho street, 52, Lviv, 79053, Ukraine (hereinafter - the “Fund”), represented by its Director Viktoriia Mishchuk, to an indefinite number of legally capable individuals and legal entities of private law to conclude an Agreement on the provision of a charitable donation (hereinafter - the “Agreement”) on the terms specified in this Offer.

1.2. This proposal to conclude the Agreement is a public offer in accordance with article 641 of the Civil Code of Ukraine.

1.3. This Offer becomes effective from the moment of its publishing on the Fund’s website https://openeyesfund.com/ (hereinafter - the “Website”).

1.4. This Offer is termless and may be amended or withdrawn by the Foundation at any time (before its acceptance by the Benefactor) by publishing the relevant information on the Website.

2. Subject of an Agreement

2.1. According to this Agreement the Benefactor gratuitously transfers funds into the ownership of the Fund and the Fund accepts it and obliges to use it for achieving the purposes, specified in its Statute.

2.2. The transfer of funds by the Benefactor according to the terms of this Agreement is considered as a charitable donation pursuant to Law of Ukraine "On Charitable Activity and Charitable Organizations".

2.3. The Benefactor provides the Fund with charitable donation, which does not involve the Benefactor receiving a profit, as well as the payment of any reward or compensation to the Benefactor from the Fund or on his behalf. The Fund receives charitable donation from the Benefactor on a voluntary, irrevocable and free basis.

2.4. The Benefactor shall be free to independently determine the amount of the charitable donation. The Fund shall independently decide the purpose of use of charitable donations within its statutory activities unless otherwise specified by the Benefactor in the purpose of payment.

3. Purposes and fields of charitable activities

3.1. The Fund carries out charitable activities according to purposes specified in its Statute, main of which are: charitable activities in the field of healthcare, charitable activities in the field of education, contribution to the defense capability and mobilization readiness of the country, protection of environment and animals, population protection in the emergency situations of martial law.

4. Offer acceptance and provision of charitable donation

4.1. The Benefactor and the Fund agree that the Agreement shall be deemed concluded in writing after the acceptance of the offer. In doing so, the Parties agree that failure to fulfill the written form of the Agreement shall not cause its invalidity.

4.2. The offer shall be considered accepted after the Benefactor transfers funds of the charitable donation to the Fund as specified in the clause 4.3 below.

4.3. The Benefactor can make charitable donation by: 1) transferring funds using the payment forms and means available on the Website; 2) transferring funds to the current account of the Fund through bank institutions.

4.4. A Benefactor can make a one-time donation or subscribe for regular donations for a certain amount, which can be canceled by: a) clicking “Cancel subscription” button in the email confirming subscription; b) clicking “Cancel subscription” button on the Website, filling out the mailbox to which the subscription was issued and confirming cancellation of the subscription in the email received.

4.5. Payments on the Website are made through the payment service providers. If the Benefactor follows the link for payment, they must abide by the terms of use, privacy policy, and other policies of such providers.

4.6. By accepting the Offer, the Benefactor confirms that they agree to all the terms of the Offer, and are fully aware of and agree with the subject and terms of the Agreement.

4.7. Сharitable donations are provided by the Benefactors and are used by the Fund for purposes of carrying our charitable activities of the Fund in accordance with its Statute and legislation of Ukraine. The Benefactor agrees to such purpose of their donation.

5. Rights and Obligations of the Fund

5.1. The Fund has the right:

  • to receive charitable donations and use it to for purposes specified in its Statute, this Agreement and the Law of Ukraine “On Charitable Activities and Charitable Organizations”;
  • to change purposes of donation use, within the statutory activities of the Fund;
  • use a part of the funds received to finance administrative expenses in accordance with requirements of Ukrainian legislation;
  • to return the charitable donation to the Benefactor in cases provided in the laws of Ukraine.

5.2. The Fund is obliged:

  • use donations in accordance with its Charter, the Agreement and the Law of Ukraine “On Charitable Activities and Charitable Organizations”;
  • upon the request from the Benefactor to provide the information on the use of the charitable donation.

6. Rights and Obligations of the Benefactor

6.1. The Benefactor has the right:

  • to request theinformation on the use of the charitable donation, provided by the Benefactor.

6.2. The Benefactor is obliged:

  • to make donations pursuant to the Agreement and laws of Ukraine.

7. Term of the Agreement

7.1. This Agreement becomes effective from the moment of acceptance of the Offer by the Benefactor and is in power until its complete fulfillment by the Parties.

8. Amendments to the Agreement

8.1. The Fund has the right to amend the conditions of this Agreement without prior notice by publishing an updated version of the Agreement on the Website. In such case updated conditions of the provision of donation shall be mandatory for the Benefactor as of the publishment of the revised version of this Agreement, unless another effective date is additionally specified at the time of publishment.

9. Final provisions

9.1. When making a donation, the Benefactor may provide (optionally) following personal data: name and surname, e-mail address. Also, if the donation is made by transferring funds to the current account of the Fund, bank details of the Benefactor will be provided to the Fund.

In case the Benefactor provides to the Fund aforementioned personal data, the consent to its processing shall be deemed to have been given by the Benefactor. The Foundation undertakes not to disclose the Benefactor's personal data to third parties without the Benefactor's permission, except in cases where such disclosure is required by state authorities or is otherwise required in accordance with the legislation of Ukraine. The Benefactor confirms that they have been notified of the rights established by the Law of Ukraine "On Protection of Personal Data". The Benefactor knows and understands the Benefactor's rights as a subject of personal data in accordance with the Law of Ukraine "On Protection of Personal Data".

Also, on the Website the Privacy Policy is published, which applies to all visitors of the Website, including those who make the donations.

9.2. The mutual relations of the Parties, which are not regulated by the Agreement, are regulated by the current legislation of Ukraine.

CHARITY ORGANIZATION “CHARITY FUND ”OPEN EYES”

Volodymyra Velykoho street, 52, Lviv, 79053, Ukraine

Identification code 4088070440880704

IBAN № UA633006140000026003500287049

In PJSC «Credit Agricole Bank»

Non-profit organization on basis of decision № 1613054600420