Той День ГО

1. GENERAL PROVISIONS

1.1. This public offer for charitable donation (hereinafter - the "Offer"), in accordance with art. 641 of the Civil Code of Ukraine, is a proposal of the Non-Governmental Organization "That Day", registration code 45252822, legal address: Ukraine 54017, Mykolaiv, 20 Chkalova St., office 202 (hereinafter referred to as the "NGO"), represented by the Head of the Organization, Mr. Oleksandr Moskalenko, acting on the basis of the Charter, to an indefinite number of legally capable individuals and legal entities of private law that voluntarily carry out charitable activities (hereinafter each of such persons is a "Donor"), to conclude a charitable donation agreement (hereinafter referred to as the "Agreement") on the terms and conditions described in this Offer with each applying Donor.

1.2. This Offer comes into force from the moment it is posted on the NGO's website at the following link: https://www.that-day.minisite.ai/en (hereinafter referred to as the "Site"). This Offer is perpetual and may be amended or withdrawn by the NGO at any time (prior to its acceptance by the Donor) by posting the relevant information on the Website.

1.3. The NGO may enter into agreements on the provision of a charitable donation in a different manner and/or on different terms than provided for in this Offer. The Donor may separately apply to the NGO to conclude such an agreement.

2. SUBJECT MATTER OF THE OFFER

2.1. The subject of this Offer is a gratuitous and voluntary transfer by the Donor to the ownership of the NGO by making a charitable donation for the implementation of the charter activities of the NGO. The Donor independently determines the amount of the charitable donation. The NGO independently determines the directions of use of the charitable donation within its own statutory activities, unless otherwise determined by the Donor in the manner prescribed by this Offer. The subject of this Offer is not to receive directly or indirectly any profit by any of the Parties to the Offer.

2.2. The transfer of funds by the Donor under this Agreement shall be recognized as a charitable donation in accordance with Article 6 of the Law of Ukraine "On Charitable Activities and Charitable Organizations".

2.3. If desired, the Donor may indicate the purpose of the charitable donation by choosing among the programs (projects) and goals announced by the NGO.

3. NGO'S ACTIVITIES

3.1. The NGO carries out charitable activities in accordance with its Charter, in particular, in the field of improving the country's defense capability and mobilization readiness in connection with the military aggression of the russian federation.

3.2. NGO are not aimed at making a profit.

3.3. Information about the activities of the NGO and reports on the results of such activities are posted on the Website.

4. MAKING A DONATION

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

4.2. A charitable donation is voluntary and is not subject to further return to the Donor.

4.3. In accordance with this Offer and the Agreement, charitable donations are provided by the Donors and used by the NGO to conduct and ensure charitable activities (implementation of the directions, goals of charitable activities and charitable programs) of the NGO in accordance with the Charter and the legislation of Ukraine. The Donor agrees to such designation of his or her donation.

4.4. Ways to make a charitable donation:

• a one-time payment;

• subscription, which provides for monthly/annual payments in an arbitrary amount.

This subscription can be canceled at any time through the services of the user's bank (for example, Privat24, Apple Pay, Google Play, etc.).

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The NGO undertakes to use the funds of the Donor's charitable donation in strict accordance with the legislation of Ukraine and only within the framework of its statutory activities.

5.2. The NGO undertakes to use the funds of the Donor's charitable donation in strict accordance with the legislation of Ukraine and only within the framework of its statutory activities.

5.3. The NGO has the right to independently redistribute or use in other projects charitable donations for which the Donor has assigned a specific purpose in cases where fundraising for this purpose is closed or irrelevant.

5.4. A donor has the right to receive information about the use of his or her charitable donation. For this purpose, the NGO may post monthly financial reports on the Website, which, among other things, contain information on the amounts of donations received by the NGO during the reporting period and the NGO's expenses during the reporting period. At the written request of the Donor, the NGO may also confirm the intended use of the charitable donation with additional documents. Access to the reports on the use of charitable donations is provided to the NGO in the manner and within the terms stipulated by the current legislation of Ukraine and this Offer.

5.5. By providing a charitable donation, the Donor unconditionally confirms its legal capacity, voluntariness of the transaction, that the subject of the charitable donation is not prohibited, arrested, pledged, encumbered by any other rights of third parties and was not acquired in violation of the Law of Ukraine "On Prevention and Counteraction to Legalization (Laundering) of Proceeds of Crime, Terrorist Financing and Financing of Proliferation of Weapons of Mass Destruction". In case of reasonable doubts about these statements, the NGO has the right to request, and the Donor undertakes to provide, relevant supporting evidence of these statements.

6. ACCEPT

6.1. Accept 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 NGO through bank institutions. The moment of Acceptance shall be the date of the money transfer and/or crediting of funds to the bank account of the NGO.

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 with the right of the NGO to use part of the Donor's Charitable Donation for the NGO's administrative expenses in the amount not exceeding the amount provided for by the legislation of Ukraine.

6.3. The Donor and the NGO, guided by Articles 639, 641, 642 of the Civil Code of Ukraine, agree that from the moment of Acceptance the Agreement shall be deemed concluded. The Parties also agree that failure of the parties to comply with the written form of the transaction shall not mean its invalidity.

6.4. The NGO processes the personal data of the Donor provided when visiting the Website and/or making a money transfer (hereinafter referred to as personal data) for the purpose of proper implementation of this Agreement and its statutory activities. Detailed information on the procedure for processing the personal data of the Charity is available in the section "Privacy Policy and Data Collection".

7. FINAL PROVISIONS

7.1. The provisions of the current legislation of Ukraine shall apply to the relations between the Donor and the NGO.

7.2. The NGO shall be liable for violation of this Agreement or the procedure for using charitable donations on the grounds, in the amount and in the manner prescribed 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. If it is impossible to resolve disputes through negotiations, disputes shall be considered by the courts in accordance with the procedure established by the current legislation of Ukraine.

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