Public Offer on providing voluntary charitable donation.

1. GENERAL PROVISIONS

1.1. This public offer for voluntary charitable donation (hereinafter referred to as the “Offer”), in accordance with Article 641 of the Civil Code of Ukraine, is a proposal by the Charitable Organization “DAVID LYNCH FOUNDATION IN EASTERN EUROPE CHARITABLE FUND”, identification code of legal entity 41685213, located at: Ukraine, 01004, Kyiv, Lva Tolstogo St., 11\61, apt. 54 (hereinafter referred to as the “Fund”), represented by the director (general manager) Oleg Oleksandrovych Avagyan, who acts on the basis of the Statute, to conclude a contract for the provision of a charitable donation (hereinafter referred to as the “Agreement”) on the terms described in this Offer, with each Benefactor who applies.

1.2. This Offer takes effect from the moment it is posted on the Fund’s website on the Internet at the link: https://davidlynchfoundation.org.ua/ (hereinafter referred to as the “Site”). This Offer is unlimited and may be amended or revoked by the Fund at any time (before its acceptance by the Benefactor) by posting the relevant information on the Site. 1.3. The Fund may conclude agreements on the provision of charitable donations in a different manner and/or on different terms than those provided for in this Offer. The Benefactor may separately apply to the Fund to conclude such an agreement. 

2. SUBJECT OF THE AGREEMENT

2.1. The subject of this Agreement is the free and voluntary transfer of money by the Benefactor to the ownership of the Fund through a charitable donation for the purpose of carrying out the statutory activities of the Fund. The Benefactor independently determines the amount of the charitable donation. The Fund independently determines the directions for the use of the charitable donation within its own statutory activities, unless otherwise determined by the Benefactor in the manner specified in this Agreement. The subject of this Agreement is not the receipt of direct or indirect profit by any of the Parties to the Agreement. 2.2. The transfer of money by the Benefactor under this Agreement is recognized as a charitable donation in accordance with Article 6 of the Law of Ukraine “On Charitable Activities and Charitable Organizations.” 

3. ACTIVITIES OF THE FUND

3.1. The Fund carries out charitable activities in accordance with its Statute, in particular, in the field of

3.2. The activities of the Fund are not aimed at making a profit. 3.3. Information about the activities of the Fund and reports on the results of such activities are posted on the Site. 

4. MAKING A DONATION

4.1. The Benefactor independently determines the amount of the charitable donation.

4.2. The charitable donation is voluntary and is not subject to further return to the Benefactor.

4.3. In accordance with this Offer and the Agreement, charitable donations are provided by Benefactors and used by the Fund to carry out and ensure charitable activities (implementation of directions, objectives of charitable activities and charitable programs) of the Fund in accordance with its Statute and the legislation of Ukraine. The Benefactor agrees to such a targeted purpose of their donation.

4.4. Methods of making a charitable donation: • one-time payment; 

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Fund undertakes to use the charitable donation of the Donor strictly in accordance with the legislation of Ukraine and only within the framework of its statutory activities.

5.2. The Fund has the right to independently determine the directions for the use of the charitable donation in accordance with its statutory activities and Ukrainian legislation, except in cases where the Donor has determined a specific purpose for their donation through a separate agreement with the Fund. Thus, if the specific purpose of the charitable donation is not defined by the Donor, it is considered that the donation was made to support the Fund’s statutory activities.

5.3. The Donor has the right to receive information about the use of their charitable donation. To this end, the Fund may post monthly financial reports on its website, which include information on (i) the amount of donations received by the Fund during the reporting period and (ii) the Fund’s expenses during the reporting period. Access to reports on the use of charitable donations is provided by the Fund in accordance with the procedure and within the timeframe provided by Ukrainian legislation and this Offer.

5.4. By making a charitable donation, the Donor unconditionally confirms (i) their legal capacity, (ii) the voluntary nature of entering into a legal transaction, and (iii) that the subject of the charitable donation is not under any prohibition, arrest, pledge, or any other rights of third parties and was not acquired in violation of the norms of the Law of Ukraine “On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financing of Terrorism and Financing of the Proliferation of Weapons of Mass Destruction.” In case of reasonable doubts about these claims, the Fund has the right to request and the Donor is obliged to provide corresponding confirming evidence. 

6. ACCEPTANCE

6.1. Acceptance is the complete and unconditional acceptance of the Public Offer by making payment through the payment methods and tools provided on the Site, as well as by transferring funds to the Fund’s settlement account through bank institutions. The moment of Acceptance is the date of the payment and/or crediting of funds to the Fund’s bank settlement account.

6.2. Acceptance of the Offer means that the Donor agrees with all its provisions and fully understands and agrees with the subject matter of the Agreement, with the purpose of public fundraising and the right of the Fund to use a portion of the Donor’s Charitable donation for the Fund’s administrative expenses, in an amount not exceeding that provided for by the legislation of Ukraine.

6.3. The Donor and the Fund, guided by articles 639, 641, 642 of the Civil Code of Ukraine, agree that the Agreement is considered concluded from the moment of Acceptance. At the same time, the Parties agree that the failure to comply with the written form of the legal act by the parties does not imply its invalidity. 

7. FINAL PROVISIONS

7.1. The relations between the Donor and the Fund are governed by the current legislation of Ukraine.

7.2. The Fund’s liability for breach of this Agreement or the procedure for the use of charitable donations arises on the grounds, in the amount, and in the manner determined by the requirements of the current legislation of Ukraine.

7.3. In case of disputes between the parties to this Agreement, they shall be resolved through negotiations. In case of impossibility to resolve disputes through negotiations, disputes shall be resolved by courts in the manner established by the current legislation of Ukraine. 

8. CONTACT DETAILS

Name of Charity Organization “DAVID LYNCH FOUNDATION CHARITY IN EASTERN EUROPE” Address Ukraine, 01004, Kyiv, Lva Tolstoho St., 11/61, Apt. 54 Email – info@davidlynchfoundation.org.ua