Public Offer
Effective date: 01.01.2025
Public Offer for Voluntary Charitable Donation (Gratuitous Transfer of Property, Monetary Funds) for Charitable Purposes
This offer, addressed to an unlimited number of natural and legal persons (hereinafter referred to as the "Benefactor") — visitors to the website of Charitable Organization "Charitable Foundation "Direct Help"" on the Internet: https://directhelp.org.ua (hereinafter — the Website), constitutes an official and public proposal by Charitable Organization "Charitable Foundation "Direct Help"" (hereinafter — the Organization), acting on the basis of its Charter, to enter into a charitable donation agreement (hereinafter — the Agreement).
1. Terms and Definitions
Public Offer
A valid proposal by the Organization, published on the Website, for making a charitable donation, addressed to an unlimited number of persons.
Acceptance
Full and unconditional acceptance of the Public Offer by performing actions to make a monetary transfer using payment forms and means available on the Website, as well as by transferring funds to the Organization's settlement account through banking institutions. The moment of Acceptance is the date of the monetary transfer and/or the crediting of funds to the Organization's bank settlement account.
Charitable Donation
A voluntary monetary transfer made by the Benefactor to achieve and fulfill the goals, objectives, directions, and types of the Organization's statutory activities in accordance with the Agreement, the Organization's Charter, and the Law of Ukraine "On Charitable Activities and Charitable Organizations" (Закон України "Про благодійну діяльність та благодійні організації").
2. Subject of the Agreement
The subject of this Agreement is the gratuitous transfer by the Benefactor of monetary funds to the Organization's ownership through voluntary donations for the Organization's statutory activities.
The charitable donation is voluntary and is not subject to subsequent return to the Benefactor.
The Benefactor independently determines the amount of the charitable donation.
At their discretion, the Benefactor may specify the intended purpose of the charitable donation by selecting from among the programs (projects) and goals announced by the Organization.
3. Methods of Making a Charitable Donation
- One-time payment
- Subscription providing for monthly/annual payments of any amount
The said subscription may be canceled at any time through the user's banking services.
4. Acceptance of the Offer
Acceptance of the Offer means that the Benefactor agrees with all its provisions and fully understands and agrees with the subject of the Agreement, with the purpose of public fundraising, and with the Organization's right to use a portion of the Benefactor's Charitable Donation for the Organization's administrative expenses, in an amount not exceeding that provided for by the legislation of Ukraine.
5. Form of the Agreement
The Benefactor and the Organization, guided by Articles 207, 639 (Part 2), 641, and 642 of the Civil Code of Ukraine (Цивільний кодекс України), agree that from the moment of Acceptance, the Agreement shall be deemed concluded in written form. The Parties further agree that failure by the parties to comply with the written form of the transaction shall not render it invalid.
6. Rights and Obligations of the Organization
6.1. The Organization has the right to
- Receive charitable donations and use them to achieve the goals, objectives, directions, and types of the Organization's statutory activities in accordance with the Agreement, the Organization's Charter, and the Law of Ukraine "On Charitable Activities and Charitable Organizations" (Закон України "Про благодійну діяльність та благодійні організації")
- Change the directions of use of donations within the Organization's statutory activities without the Benefactor's consent
- Use a portion of the Charitable Donation for the Organization's administrative expenses without the Benefactor's consent, in an amount not exceeding that provided for by the legislation of Ukraine
6.2. The Organization is obligated to
- Use received charitable donations in accordance with the subject and terms of this Agreement, the Organization's Charter, and the Law of Ukraine "On Charitable Activities and Charitable Organizations" (Закон України "Про благодійну діяльність та благодійні організації")
- Report on the use of charitable donations in the manner determined by this Agreement and the current legislation of Ukraine
7. Rights of the Benefactor
The Benefactor has the right to monitor the targeted use of the charitable donation.
8. Location of Public Fundraising
Public collection of charitable donations is conducted on the territory of any country in the world. The Organization's direct activities related to public fundraising under the Agreement are conducted at the Organization's registered address.
9. Duration of Fundraising
Public collection of charitable donations continues until the liquidation of the Organization, unless a different period is determined by the Organization.
10. Purpose of Fundraising and Procedure for the Use of Charitable Donations
The Organization collects funds to support the people of Ukraine by financing various types of humanitarian aid for the population and assistance to the military for the purpose of preserving life and ensuring the defense of the territory of Ukraine, as well as the subsequent reconstruction of the state's infrastructure.
The charitable donations collected under the Agreement are used by procuring and delivering various types of humanitarian aid directly to people or organizations affected by the war in Ukraine, as well as procuring ammunition and other equipment for the defenders of Ukraine.
11. Procedure for Public Access to the Organization's Financial Reports
Access to reports on the use of the Organization's charitable donations is provided to the Benefactor upon their written request. Other information is provided by the Organization in the manner and within the timeframes established by the current legislation of Ukraine. The Organization may publish reports on the use of charitable donations on the Website.
12. Transfer Expenses
All expenses for the payment of amounts (commissions) related to the transfer and crediting of charitable donations shall be borne by the Benefactor.
13. Liability of the Benefactor
The Benefactor is responsible for the accuracy of the information provided when making a voluntary charitable donation.
14. Protection of Personal Data
In order to comply with the Law of Ukraine "On the Protection of Personal Data" (Закон України "Про захист персональних даних") and to fulfill the terms of the Agreement, the Benefactor consents to the processing of personal data. The Organization undertakes not to transfer the email address and other information about benefactors to third parties, except in cases provided for by the current legislation of Ukraine.
15. Consent to the Processing of Personal Data (for Natural Persons)
Acceptance also means that the Benefactor — a natural person — is informed and agrees with the following:
- The Benefactor grants the Organization unconditional consent to the processing of their personal data provided when visiting the Website and/or making a monetary transfer (hereinafter — personal data), and is informed of the inclusion of such information in the Organization's personal data database and of all rights regarding the protection of their personal data as provided by the current legislation of Ukraine, namely Article 8 of the Law of Ukraine "On the Protection of Personal Data" (ст. 8 Закону України "Про захист персональних даних")
- The Organization processes personal data by any means for the purpose of the proper implementation of this Agreement and its statutory activities
16. Applicable Law
The relations between the Benefactor and the Organization shall be governed by the provisions of Ukrainian law.