PUBLIC OFFER AGREEMENT
on receiving membership and other targeted contributions,
as well as regarding membership in a public organisation
UKRAINIAN ASSOCIATION OF PERIODONTOLOGY AND OSSEOINTEGRATION
(legal entity identification code 46067595)
This Public Agreement (Offer) (hereinafter referred to as the «Public Offer») is addressed to an indefinite group of individuals (hereinafter referred to as «Candidates for Membership in the Association») – visitors to the website uaperio.org (hereinafter referred to as the «Website») and is, under Articles 633, 634, 639, 641, and 642 of the Civil Code of Ukraine, a public and official offer from the UKRAINIAN ASSOCIATION OF PERIODONTOLOGY AND OSSEOINTEGRATION (hereinafter referred to as the – «Association»), represented by the President of the Association, Myroslav Yuriyovych Solonko, acting on the basis of and under the Articles of Association, to conclude an agreement on joining the Association (hereinafter referred to as the «Agreement») on the terms and conditions set out below:
TERMINOLOGY USED IN THE AGREEMENT
SUBJECT OF THE AGREEMENT
The subject matter of this Agreement is the free and voluntary transfer of funds from a Member of the Association, a Candidate for membership in the Association and/or a Benefactor, through the payment of membership fees and/or targeted contributions and/or charitable donations for the implementation of the Association’s statutory objectives and activities.
Payment of membership fees is carried out under clause 5.2 of the Association’s Articles of Association.
The purpose of targeted contributions is to improve the effectiveness of the Association’s work and to satisfy the rights and legitimate interests of its members.
Charitable donations are used to achieve the Association’s Articles of Association goals.
The amount and size of membership fees shall be determined by a decision of the Board.
The amount and size of targeted contributions and charitable donations are determined independently by the providers of such contributions/donations.
The fulfilment of the terms of the Public Offer by the Parties is not intended to generate profit.
ACCEPTANCE OF PUBLIC OFFER
Acceptance means that the Association Member, Candidate for Membership in the Association and/or Benefactor agrees with all provisions of the Public Offer, is familiar with the Association’s Articles of Association, which are available in electronic form on the Association’s website at uaperio.org fully understands and agrees with the subject matter of the Agreement.
The Agreement shall be deemed concluded from the moment the funds are credited to the Association’s account.
The Parties agree that upon acceptance of this Public Offer, this Agreement shall be deemed to have been concluded in writing under Articles 207, 639, 641 and 642 of the Civil Code of Ukraine. At the same time, the Parties agree that failure to comply with the written form of the transaction does not mean its invalidity.
RIGHTS AND OBLIGATIONS OF THE ASSOCIATION
The Association has the right to:
The Association is obliged to:
RIGHTS AND OBLIGATIONS OF ASSOCIATION MEMBERS AND BENEFACTORS
Members of the Association are required to pay membership fees to support its statutory activities.
Any person has the right to make Targeted Contributions or Charitable Donations to support specific projects or activities of the Association.
Members of the Association, Candidates for membership in the Association and/or Benefactors are required to familiarise themselves with the terms and conditions of the Public Offer and accept them.
PROCEDURE FOR PAYMENT OF CONTRIBUTIONS AND PROVISION OF CHARITABLE DONATIONS
Payment of contributions is made by electronic payment or transfer to the Association’s account, which can be done using payment systems such as Visa, Mastercard, etc. In this case, payment is additionally governed by the rules of the payment service, bank and other payment participants.
The Association does not process bank card transactions. In case of errors or payment refusals, the Association Member, Candidate for Membership and/or Benefactor should contact the card issuer bank or the representative of the payment service/system through which the payment was made.
The payment is considered complete once the transaction is confirmed.
The Association provides Association Members, Candidates for membership in the Association and/or Benefactors with the opportunity to make electronic payments on the Website by transferring funds to the Association’s bank account (through available payment systems).
Members of the Association, candidates for membership in the Association and/or Benefactors (who are payers) agree that membership fees or other targeted contributions, charitable donations paid by them are not refundable under any circumstances.
PROCEDURE FOR THE USE OF FUNDS BY THE ASSOCIATION
The funds are used under the objectives and scope of the Association’s statutory activities.
If membership and other targeted contributions remain in the Association after the statutory goals have been achieved, the project has been completed, the calendar year has ended, etc., they shall be added to other contributions for the following year and shall not be subject to distribution or refund.
Members of the Association, Candidates for membership in the Association, and/or Benefactors may monitor the targeted use of funds through the organisation’s Board of Directors.
LIABILITY OF THE PARTIES
In case of failure to comply with the terms of the Public Offer, the Parties shall be liable in accordance with the current legislation of Ukraine.
The Association shall not be liable for any actions/omissions of third parties that prevent the Association from fulfilling its obligations under the Public Offer.
CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
In the course of performing this Agreement, the parties will mutually exchange confidential and/or internal information that is their property and that they wish to protect.
Confidential Information means any information or documents communicated by one party to the other party in any form. Any Confidential Information shall be communicated by one party to the other party solely for limited use for the purposes specified in this Agreement.
Information obtained by the Parties shall not be considered Confidential Information if the other party can document any of the following:
Subject to the requirements and restrictions provided for by applicable law, the Parties undertake to respect the confidential nature of information that has become known to them in connection with this Agreement and undertake to take measures to prevent the disclosure of such information to third parties. This obligation does not apply to information that is or has become publicly known as a result of the actions or negligence of any third parties, or that has been lawfully obtained by a Party from third parties. Confidential information shall not be disclosed to any third party except as required by applicable law. If a Party to this Agreement is required by applicable Ukrainian law to provide confidential information to a third party, such Party shall promptly notify the other Party thereof.
A Party to this Agreement shall notify the other Party of the confidential nature of the information when providing such information to that Party. If such notification is not made in a timely manner by the Party, the other Party shall not be liable for any disclosure of such information.
Failure to comply with the confidentiality obligations set forth in this Agreement shall be grounds for full compensation of damages incurred by the affected party.
The Association collects and processes personal data under Ukrainian law.
A Member of the Association, the Benefactor confirms through Acceptance that they are familiar with and consent to the collection and processing of personal data.
The Member of the Association and the Benefactor agree that after providing information about themselves when paying membership fees or other targeted contributions, making charitable donations, or subscribing to the Association’s news on the Website, they may receive letters and messages, including those of an advertising nature.
The Association undertakes not to disclose email address and other information to third parties, except in cases provided for by the current legislation of Ukraine.
The Association shall not be liable for the disclosure of personal data resulting from unlawful actions of third parties or in cases where such disclosure occurred with the consent of a Member of the Association and/or a Benefactor.
TERM OF THE PUBLIC OFFER
The Public Offer shall come into force from the moment it is posted on the Website and shall remain in force until the Association is liquidated. The provisions of this clause shall also apply to amendments and additions to the Public Offer.
The Association has the right to change the terms of the Public Offer without the consent of other persons, including members of the Association. The Association reserves the right to unilaterally change the terms of the Public Offer at any time without any restrictions by publishing a new version of the Public Offer on the Website.
DISPUTE RESOLUTION PROCEDURE
Disputes and disagreements arising from the performance of the Agreement concluded under the terms of the Public Offer shall be resolved through negotiations between the Parties.
The claim shall be submitted to the Party in writing, by sending a registered letter with acknowledgement of receipt, within a period not exceeding 10 (ten) calendar days from the date of occurrence of the comments that are the basis for the dispute or controversy. The claim shall be considered within 20 (twenty) calendar days from the date of its delivery to the Party to which it is addressed.
If the Parties are unable to reach an agreement during negotiations, the dispute shall be settled under the procedure provided for by the current legislation of Ukraine.
For all other matters not covered by this Public Offer, the Parties shall be guided by the requirements of the current legislation of Ukraine.
FORCE MAJEURE CIRCUMSTANCES
The Parties shall be exempt from liability for full or partial failure to fulfil their obligations under this Agreement if such failure was caused by force majeure circumstances that arose after the conclusion of this Agreement and which the Parties could neither foresee nor prevent by reasonable measures.
Force majeure circumstances (circumstances of insurmountable force) under the terms of this Agreement are extraordinary and unavoidable circumstances that objectively make it impossible to fulfil the obligations provided for in the terms of the Agreement, duties under legislative and other regulatory acts, namely: the threat of war, armed conflict or a serious threat of such a conflict, including but not limited to hostile attacks, blockades, military embargoes, actions of a foreign enemy, general military mobilisation, military actions, declared and undeclared war, actions of a public enemy, unrest, acts of terrorism, sabotage, riots, invasions, blockade, revolution, rebellion, uprising, mass riots, curfew, quarantine imposed by the Cabinet of Ministers of Ukraine, expropriation, compulsory seizure, seizure of enterprises, requisition, public demonstration, blockade, strike, accident, unlawful actions of third parties, fire, explosion, prolonged interruptions in transport operations, regulated by the terms of relevant decisions and acts of state authorities, etc., as well as caused by exceptional weather conditions and natural disasters, namely: epidemic, severe storm, cyclone, hurricane, tornado, gale, flood, snow accumulation, ice, hail, frost, earthquake, lightning, fire, drought, subsidence and landslides, other natural disasters; other events in the country of stay or region that pose a threat to the life, health and personal safety of people, which are beyond the control of the Parties, etc.
The Party that is unable to fulfil its obligations due to force majeure (circumstances beyond its control) must immediately notify the other Party of such circumstances by any available means as soon as possible: the time of occurrence, possible duration and probable date of termination of these circumstances.
In the event of force majeure (circumstances beyond control), the obligations under this Agreement shall be postponed for the duration of such circumstances.
The existence and duration of force majeure circumstances (circumstances of insurmountable force) must be confirmed by a certificate (conclusion) issued by the Ukrainian Chamber of Commerce and Industry or another authorised body of the country where the circumstances exist.
INFORMATION ABOUT THE ASSOCIATION
UKRAINIAN ASSOCIATION OF PERIODONTOLOGY AND OSSEOINTEGRATION
Address: Ukraine, 79034, Lviv Region, Lviv City, Stusa V. Street, 39
Identification code: 46067595
Contact number: +38(097)-223-34-43
IBAN UA663052990000026004011037674
JSC CB “PRIVATBANK”
