PUBLIC OFFER ON PROVIDING CHARITABLE DONATION
Date of publication: 2020 December, 17
This public offer (the “Public Offer”) is addressed to the unidentified number of individuals (the “Donor(s)”) – the users of the website of CHARITY ORGANIZATION "CHARITY FOUNDATION "BEETROOT ACADEMY" https://beetroot.academy/en/ (the “Website”), and is official and public offer of ORGANIZATION "CHARITY FOUNDATION "BEETROOT ACADEMY" (“Donee”) to conclude an Agreement on charitable donation (the “Agreement”) on the terms stipulated below.
By making a charitable donation through the functionality available on the Website, and/or with an invoice given by the Donee's representative, the Donor fully accepts the terms of this Public Offer. The moment of acceptance of the Public Offer is the date of funds transfer.
The Donee reserves the right to make amendments to this Public Offer. Information on such amendments will be published on the Website.
SUBJECT MATTER OF AGREEMENT:
- The subject matter of this Agreement is a free of charge and voluntary transfer of funds made by the Donor into the ownership of the Donee in order to achieve the purposes stipulated by this Agreement. The Donor defines the amount of funds to be transferred at his/her own discretion.
- The purposes hereunder are:
- granting help to promote the legitimate interests of the Donee in the areas for raising standards and quality of the development of Ukrainian society.
- The transfer of funds to the Donee hereunder is a charitable donation for Statutory Purposes in the meaning of the Law of Ukraine "On charitable activities and charitable organizations".
- The Donator hereunder shall be the benefactor and the Donee shall be the beneficiary in the meaning of the Law of Ukraine "On charitable activities and charitable organizations".
- The funds transferred as a charitable donation hereunder must be used according to their designated purpose.
- The Parties have agreed hereunder to consider the following as misuse of funds obtained by the Done as a charitable donation: use of the funds for purposes other than those provided by this Agreement. Herewith, the use of funds for administrative expenses of the Donee in the amount defined by the Law of Ukraine "On charitable activities and charitable organizations" shall not be considered as misuse.
- The Parties also declare and confirm that the charitable donation under this Agreement shall be transferred in accordance with the following principles / constraints:
- charitable donation is not provided to induce or reward for committing by the Donee and/or any third party of any illegal actions or for evasion to comply with legal obligations in the interests of Donator and/or third parties;
- charitable donation is not provided to induce or be in exchange for past or anticipated prescription of the products of Donator or its affiliates, or to provide any other sales-related benefit to the Donator or its affiliates;
- charitable donation is not promotional in nature, shall not be perceived as having promotional bearing, and shall be independent of input or control by the Donator or its affiliates;
- no tangible benefit or return is expected, estimated or received by the Donator.
- The Parties agree that a charitable donation may not be claimed by the Benefactor from the Recipient in any case, except for the use of a charitable donation in violation of the subject matter of this Public Offer for Charitable Donation.
CHARITABLE DONATION PROCEDURE
- The Donator makes the charitable donation to the bank account of the Donee at the Ukrsibbank and/or through the functionality available on the Website and/or educational platform, through the functionality payment system.
- Donee does not impose any additional fees or commissions for the funds transfer.
- The Donor understands and agrees that for the performance of the funds transfer, his/her personal data (for instance, name and surname) and financial information (for instance, number of credit/debit card, the date of its expiration, CVV code) will be transferred for the processing by the Bank. Herewith, the Donee does not receive any such data or information. The Bank ensures the confidentiality and non-disclosure of the Donor’s financial information, in particular, information on transactions, credit/debit card, as well as ensures the confidentiality and non-disclosure of the Donor’s personal data.
- The donation shall be considered as transferred to the Donee and as accepted by the latter on the day of receipt of the funds to the Donee’s bank account.
- The Donor and the Donee shall independently pay for services required for the performance hereof, which are provided by the bank servicing their current accounts
RIGHTS AND OBLIGATIONS OF THE PARTIES:
- The Donator:
- has the right to be recognized as the Donator hereunder;
- has the right to control the performance of the Donee’s undertakings hereunder, in particular, the Donor may ask for the report regarding the use of the funds.
- has the right to terminate this Agreement in case of misuse of funds;
- The Donee:
- shall accept the funds transferred to its bank account as a charitable donation according to this Agreement
- shall use the funds received as a charitable donation exclusively for the purposes provided for by the Donator herein in compliance with the current requirements of Ukrainian legislation to the use of charitable donations, beneficiaries’ activities, charitable aid, and the highest standards such activities are normally subject to;
- shall purchase the goods and services required to achieve the purposes, stipulated in this Agreement, at a price not exceeding the fair market price;
- shall comply with all applicable laws, conventions, regulations and industry codes of practice, in particular, applicable anti-corruption laws and regulations;
- shall not seek, accept, offer, promise, and/or give to any third party, both individual and legal, either directly or indirectly, any money or other property, benefits, privileges, services, intangible assets (collectively – “Illegal benefit”), as a condition or result of receiving by Donee or Donator any undue advantage.
- Performing these obligations in accordance with this Agreement, neither Donee nor any third party acting on behalf of the Donee, did not and will not do in the future, directly or indirectly, any offer, promise or bribery, rewards, and other kind of bribe payments, or bestowing which are intended to improperly influence Government officials or Representatives of Private companies to the last used his power (authority), or exercised influence to assist the Donator or for the Donator benefits associated with the activities of the Donator.
- For the purposes of this clause, a “Government Official” shall include any employee of foreign governments, other civil servants, performing government functions, any officer or employee of a state or local government or of any state or local government department, employee or officer of state institution, agency or government-controlled or owned entity, including a government-controlled or owned health care institution, or of a public international organization, or any person acting in an official capacity for or on behalf of any of the foregoing, or a member of any political party, or a candidate for a political office, or a person directly associated with the Government Official including staff, business partners, close relatives, and other person similar to the mentioned above by its status under Ukrainian legislation.
- For purposes of this clause, a "Representative of a Private company" shall include officers and employees of private legal entities, except persons directly associated with the Government Official.
- Donee shall independently and at his own expense maintain tax and accounting records that accurately and clearly reflects the implemented operations / transactions relating to Donee’s performance of the obligations hereunder, including, but not limited to, records of payments made or received by the Donee, costs incurred by the Donee under this Agreement.
SETTLEMENT OF DISPUTES
- All disputes and discrepancies arising between the Parties under the Agreement are subject to settlement by means of consultations and negotiations.
- If a certain dispute is impossible to solve by means of negotiations, it shall be settled in court by transferring the dispute to resolution of the respective court of Ukraine.
TERM AND TERMINATION. AMENDMENTS TO AGREEMENT
- This Agreement shall become effective upon the Donee’s acceptance of the charitable donation and shall remain in force until both Parties’ obligations are fulfilled.
- In cases not provided for hereby the Parties shall be governed by the current legislation of Ukraine.
- This Agreement has been drawn up in Ukrainian and English. Both the Ukrainian and the English texts shall be of equal legal standing. In the event of any discrepancy between the texts, the Ukrainian text shall prevail
DETAILS OF THE DONEE:
CHARITY ORGANIZATION"CHARITY FOUNDATION"BEETROOT ACADEMY"
Identification number (registration number):
Location (registered address):
36000, Poltava city, Maydan Nezalezhnosti, 7
Mira avenue, 36, Poltava city, 36000, Ukraine
+380 (97) 344-76-00
Other relevant data:
The Donee is entered in the Register of non-profit institutions and organizations and is provided with a sign of a nonprofit organization [the feature of non- profit organization code 0036] according to the Decision of the State Tax Inspection № 2855