1.1. These Terms of Use (the "Terms") constitute an agreement between you ("you", "user") and CHARITABLE ORGANIZATION "CHARITABLE FUND "MACPAW FOUNDATION", registration number 45503613, registered office: 37 Predslavynska Street, Kyiv, 03150, Ukraine ("we", "us", "our" or the "Foundation") regarding your use of the website macpaw.foundation (the "Website"), as well as, to the relevant extent, regarding the terms of making a charitable donation to the Foundation via the Website or the payment instruments available on it.

1.2. In accordance with Article 628 of the Civil Code of Ukraine, these Terms contain elements of a mixed agreement with respect to:
(i) the terms of use of the Website;
(ii) the Foundation's public proposal (offer) to enter into an agreement on making a charitable donation.

1.3. By using the Website, you agree to these Terms; if you do not agree to these Terms, do not use the Website. By making a charitable donation in accordance with these Terms, you also accept the Foundation's public proposal (offer) to make a charitable donation on the terms set out therein.

1.4. The Foundation reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms at any time. The updated version of the Terms takes effect from the moment of its publication on the Website, unless expressly stated otherwise in these Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to such changes.

1.5. As long as you comply with these Terms, the Foundation grants you a personal, non-exclusive, non-transferable, limited right to access and use the Website solely in accordance with these Terms.

1.6. Your use of the Website is also governed by the provisions of our Privacy Policy, available on the Website and incorporated into these Terms by reference.

1.7. If you have any questions regarding these Terms, please contact us:
CHARITABLE ORGANIZATION "CHARITABLE FUND "MACPAW FOUNDATION"
Address: 37 Predslavynska Street, Kyiv, 03150, Ukraine.
E-mail: info@macpaw.foundation

1.8. THESE TERMS ARE LEGALLY BINDING ON YOU FROM THE MOMENT YOU START USING THE WEBSITE. IF ANY PROVISIONS OF THESE TERMS ARE UNCLEAR TO YOU OR YOU DO NOT AGREE TO BE BOUND BY THEM OR BY THE PRIVACY POLICY REFERENCED HEREIN, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. BY USING THE WEBSITE, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD (OR, IF YOU ARE BETWEEN 14 AND 18 YEARS OLD, THAT YOU ARE USING THE WEBSITE ONLY WITH THE APPROVAL OF YOUR PARENT OR GUARDIAN), THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, AND THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS.

2.1.1. These Terms constitute a public proposal (offer) of the Foundation, represented by its Head Anna Manukhina, acting on the basis of the Charter, in accordance with Articles 641 and 642 of the Civil Code of Ukraine, to enter into an agreement on making a charitable donation (the "Agreement") in accordance with these Terms.

2.1.2. This public proposal (offer) is addressed to an unlimited number of natural persons with full civil capacity, persons with partial civil capacity within the limits established by law, and capable legal entities (each individually, a "donor") who intend to voluntarily make a charitable donation to the Foundation using the bank details posted on the Website or the payment instruments available on it.

2.1.3. Acceptance means the donor's acceptance of this public proposal (offer) by taking actions to make a money transfer to the Foundation's account using the bank details posted on the Website or the payment instruments available on it. The moment of acceptance is the date on which the funds are credited to the Foundation's current account.

2.1.4. Acceptance of this public proposal (offer) means that the donor fully and unconditionally accepts the terms of making a charitable donation set out in these Terms and confirms having read them before making such donation.

2.1.5. From the moment of the donor's acceptance of this public proposal (offer), the agreement on making a charitable donation is deemed concluded without the need to sign a separate written document.

2.1.6. The Foundation may amend or withdraw this public proposal (offer) at any time by publishing an updated version of the Terms on the Website. Such changes apply to charitable donations made after the publication of the updated version of the Terms.

2.1.7. The Foundation may enter into agreements on making charitable donations on terms and in a manner different from those set out in these Terms.

2.2.1. The subject matter of the agreement is the voluntary, free of charge and irrevocable transfer by the donor to the Foundation of funds by way of a donation, within the meaning of Article 6 of the Law of Ukraine "On Charitable Activities and Charitable Organizations", for the Foundation to carry out its statutory activities.

2.2.2. Donation means a voluntary charitable contribution in monetary form which the donor unconditionally agrees to make and makes to the Foundation via the Website or the payment instruments available on the Website, in accordance with these Terms and the applicable laws of Ukraine, for the purposes of the Foundation defined below:
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2.2.3. The donor may make a donation in the form of:

2.2.4. By setting up a subscription in accordance with these Terms, the donor consents to the periodic debiting of funds in accordance with the parameters chosen by the donor and agrees to the subscription cancellation terms set out in Clause 2.3 of these Terms.

2.2.5. Payments are made through the relevant payment providers, banks or other payment services. The Foundation is not a bank, payment institution or payment service provider, does not process payment transactions, does not store full payment card data of donors and does not control the operation of third-party payment infrastructure. The relevant payments may additionally be subject to the terms, rules, tariffs, restrictions and policies of the relevant bank, payment provider or other payment service provider. The Foundation is not liable for a refusal by the issuing bank, payment provider or other third party to process a payment, for payment delays, technical failures, temporary unavailability of the payment infrastructure, bank fees, currency conversion rules or other conditions established by such third parties.

2.2.6. By making a donation via the Website, the donor acknowledges and agrees that the purposes and manner of use of the donation may be changed by the Foundation, and the donation may be reallocated to projects or purposes other than those specified at the time of the donation. By accepting these Terms, the donor, in accordance with Article 730 of the Civil Code of Ukraine and Article 6 of the Law of Ukraine "On Charitable Activities and Charitable Organizations", consents to such change of the purposes and manner of use of the donation, without the need to obtain separate consent from, or additionally notify, the donor. Such change is possible, in particular, if the project for which the donation was made ends earlier than expected and unused funds remain, if the implementation of the project becomes impossible, or if, by a reasoned decision of the Foundation, more pressing needs or urgent projects requiring funding arise. In any event, the reallocated funds shall be used exclusively for the purposes specified in Clause 2.2.2 of these Terms and within the statutory activities of the Foundation.

2.2.7. The Foundation does not guarantee the uninterrupted availability of the regular payments functionality and may change, temporarily suspend or discontinue the availability of such functionality on the Website where necessary for technical, operational, legal or other justified reasons.

2.2.8. After each successful debiting of funds, the donor receives a receipt or other payment confirmation to the email address specified by the donor when setting up the regular charitable payment, where supported by the relevant payment provider. The donor is responsible for the accuracy of the email address and other contact details provided by the donor. If a regular payment cannot be executed due to insufficient funds, expiry of the payment card, restrictions imposed by the issuing bank or the payment provider, a technical error or other circumstances, such payment may not be made or may be re-initiated by the relevant payment provider in accordance with its rules and technical procedures. The Foundation is not liable for the impossibility of executing a regular payment for reasons beyond the Foundation's control.

2.3.1. The donor may cancel a subscription at any time in one of the following ways:

2.3.2. To process a request to cancel a regular charitable payment, the Foundation may ask the donor to provide information necessary to identify the relevant payment, including the phone number, email address, payment amount, date of the last debiting or other relevant details.

2.3.3. Cancellation of a subscription stops the relevant future debits but does not affect the lawfulness and finality of the donations successfully made before such cancellation. The Foundation makes reasonable efforts to process requests to cancel regular donations (subscriptions) as soon as possible. At the same time, the donor understands and agrees that if a cancellation request is received immediately before the next debiting or after the payment transaction has been initiated by the payment provider, such debiting may be processed before the regular payment is actually cancelled.

2.4.1. To the extent permitted by applicable law and given the charitable nature of the Foundation's activities, donations made via the Website to the Foundation's account are non-refundable and non-exchangeable. By making a donation or setting up a subscription on the Website, you agree and understand that your money will be used exclusively for the purposes defined by the Foundation's Charter and these Terms. All information about the funds raised and spent can be found on the Website or on the official public profiles on social media.

2.4.2. At the same time, erroneous, duplicated or unauthorized payment transactions in respect of which a refund may be made under applicable law or the rules of payment systems, issuing banks or payment providers are reviewed and refunded in accordance with such rules and the requirements of the Law of Ukraine "On Payment Services".

2.5.1. The donation amount may be displayed or chosen by the donor in a currency available on the Website or in the relevant payment interface. At the same time, the donor understands and agrees that the actual authorization and processing of the payment may be carried out in accordance with the requirements of applicable law and the rules of the relevant payment provider, the acquiring bank, the issuing bank of the payment card and international payment systems. If the donation amount is displayed or chosen in a currency other than the Ukrainian hryvnia, the payment authorization request may be sent to the issuing bank of the user's payment card in hryvnia at the relevant exchange rate applied by the payment provider, the acquiring bank or another payment service provider involved, in accordance with the applicable laws of Ukraine.

2.5.2. The issuing bank of the user's payment card may convert the payment amount from hryvnia into the currency of the user's card account at such issuing bank's own rate and may charge additional fees, charges or commissions for conversion, cross-border payments, payments in foreign currency or other operations in accordance with its rules and tariffs. The Foundation does not set or control the exchange rates applied by banks, payment providers or international payment systems, nor does it set or control the fees that may be charged by the issuing bank of the user's payment card or other financial institutions involved. If the relevant payment provider applies the rate of a particular bank, including the rate of PrivatBank, such rate may be displayed in the personal account or other interface of the relevant payment provider, where provided for by its functionality. The Foundation does not guarantee that the rate displayed on the Website or in the payment provider's interface will be identical to the rate actually applied by the issuing bank of the user's payment card. The final amount debited from the user's card account may differ from the amount displayed on the Website or in the relevant payment interface due to currency conversion, bank exchange rates, payment system rules, issuing bank fees or other charges beyond the Foundation's control.

This Website may contain links to other independent third-party websites (the "Linked Websites"). Links to Linked Websites are provided solely for your convenience. Linked Websites are not under the Foundation's control, and the Foundation is not responsible for and does not endorse the content of such Linked Websites, including any information or materials contained on them. Linked Websites do not necessarily follow our policies, so you need to make your own independent judgment regarding your interaction with Linked Websites.

These Terms are effective until terminated by you or by the Foundation. The Foundation may terminate or restrict your access to the Website without prior notice if you breach these Terms. The provisions of these Terms which by their nature should survive termination (including those concerning liability, intellectual property, limitation of liability and dispute resolution) shall survive the termination of these Terms.

You agree to indemnify the Foundation against damages, costs and reasonable third-party claims arising in connection with your use of the Website or your breach of these Terms (the "Claims"); in particular, you agree to hold harmless us, as well as our officers, members of governing bodies, licensors, partners, licensees, consultants, contractors, agents, attorneys, employees and third-party service providers (the "Indemnitees"), from any Claims actually or allegedly arising from your use of the Website. You agree to be fully liable in respect of any Claims against the Indemnitees, including the right of an Indemnitee to choose its own defense, and to compensate the costs or losses resulting from all claims against an Indemnitee, provided that you will not agree to any settlement that imposes any obligation or liability on any Indemnitee without our prior written consent.

THE FOUNDATION DOES NOT WARRANT THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND YOU USE THEM AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE, (IV) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND ANY OTHER WARRANTIES RELATING TO OUR PERFORMANCE, NON-PERFORMANCE OR OTHER ACTS OR OMISSIONS. IN ADDITION, WE ARE NOT LIABLE FOR TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF OUR CONTROL.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE FOUNDATION SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, ANY THIRD-PARTY WEBSITE, OR ANY SOFTWARE OR APPLICATION IN CONJUNCTION WITH THE WEBSITE, EXCEPT WHERE SUCH LIABILITY CANNOT BE LIMITED UNDER THE APPLICABLE LAWS OF UKRAINE.