of
UNICORN SERVICE CO, LTD
90/66 Moo 2
Banglamung Chonburi 20150, Thailand
Number DBD 0205556025922
for the use of the website https://www.uost.world.com
The ("Platform Operator") operates an internet platform ("Platform") underhttps://www.uost.worldthrough which investors can acquire participations via funding (crowdfunding) for various projects. Based on the information provided, potential investors have the opportunity to participate in the financing of the presented projects ("Crowdfunding," "Funding").
This is done in the form of a multitude of purpose-bound, qualified subordinated participations that are identical to each other within the same crowdfunding in terms of the respective participation amount.
These participations are concluded immediately on the platform in electronic form in a legally binding manner.
To gain access to the information and financing projects and, if necessary, to conclude participation agreements, a potential investor must first register on the platform.
For any use of the platform by (potential) investors ("Users"), only the General Terms and Conditions ("GTC") set out below apply.
1. By using the platform, a user agreement is concluded between the user and the platform operator, which is exclusively subject to the following General Terms and Conditions (GTC).
This platform user agreement forms the framework for the use of the platform for informational purposes and for the mediation of individual participation contracts between investors and issuers through the platform.
Both the use for informational purposes and the mediation of participation contracts are free of charge for users.
Each mediation process constitutes a financial service, but not the use of the platform for informational purposes, which precedes the mediation.
The GTC apply to all content, functions, and other services provided on the platform.
2. The legal relationship between the platform operator and the issuer is not subject to these GTC.
It is determined by separately concluded cooperation agreements (funding project contracts).
Likewise, the legal relationship between the issuer and the user is not subject to these GTC. It is determined by separately concluded participation contracts and the general terms and conditions.
There is no entitlement to registration and use of the platform. The platform operator is free to reject a user at any time without giving reasons.
1. To fully utilize the platform, registration is required.
Registration as an individual is permitted for natural persons who are at least 18 years old, fully legally competent, and have a permanent residence.
Investors must act on their own account.
Multiple registrations of the same person are not allowed.
2. Registration must be completed truthfully with all required information.
3. To accept a contractual offer from an issuer as a user, it is also necessary to provide truthful investor-specific information that is requested during or after registration.
4. After completing registration, the platform operator will send the user a confirmation email.
The registration is completed by clicking the link provided in the email.
After the conclusion of the contract, the user can view and modify their data at any time under "Login."
5. Registration with incorrect data or providing false investor-specific data is not allowed and will lead to the user's exclusion from the platform.
6. The user commits to ensuring that all information provided during the use of the platform is always truthful and up-to-date.
7. The user commits to ensuring that their access data, particularly their password, is not disclosed to third parties. They are solely responsible for all actions taken through their user account.
If there are indications of misuse of the user account or if third parties have gained knowledge of the access data, the user is obliged to inform the platform operator immediately.
8. The platform operator will not disclose the user's access data to third parties and will not request them by email or phone.
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us, Unicorn Service Co, LTD, 71-75 Shelton Street, Covent Garden London, WC2H 9JQ, of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post, fax, or email).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
End of the Withdrawal policy
1. The Platform Operator offers users the opportunity to contact the investment through the platform.
2. The platform operator offers the opportunity to provide potential investors with information and documents on the platform.
Furthermore, the platform operator offers the opportunity to present potential investors on the platform with a legally binding offer to conclude a participation contract and to conclude corresponding contracts.
In this context, the platform operator is limited to providing the technical framework for concluding the contracts, organizing the dispatch of documents, transmitting declarations of intent as a messenger, and providing the issuer with certain additional services in the context of initiating and processing the participation contract relationships (especially contract management and payment monitoring).
The use of the platform is free of charge for the user.
The platform operator does not engage in consulting activities and does not provide advisory services.
In particular, no financing and/or investment advice, and no tax and/or legal advice is provided.
The platform operator conducts only a formal criteria check in advance of listing an investor's financing project on the platform.
Listing on the platform does not constitute an investment recommendation.
The platform operator does not assess the creditworthiness of the issuer and does not verify the information provided by the issuer for its truthfulness, completeness, or timeliness. The platform operator does not provide investors with personal recommendations to acquire financial instruments based on an assessment of the individual circumstances of the respective investor.
Unless the user gives separate consent for data collection, the user's personal circumstances will only be asked to the extent necessary either for the processing of the contractual relationships or – within the scope of investment brokerage – as required by law. Within the scope of investment brokerage, this is done to provide the legally required notices, not with the aim of giving the investor a personal recommendation to acquire a specific financial instrument.
The documents provided on the platform explicitly do not claim to contain all the information necessary for evaluating the respective investment offered.
They do not constitute a prospectus in the legal sense.
Users should take the opportunity to ask the investee questions through the platform before making an investment decision.
Users should inform themselves from independent sources if they are unsure whether they should enter into a subordinated loan agreement.
Professional advice cannot be replaced by the documents provided on the platform.
Users should inform themselves about the legal, economic, and tax consequences of such an investment before concluding a qualified subordinated participation contract.
It can lead to the total loss of the invested capital and interest.
Users should pay attention to the detailed risk warnings.
1. The respective investment amount can be freely chosen by the user within the given framework. For an investment, the user may only use their own liquid funds, which are free of third-party rights.
2. Comments from users that are made on the platform or the associated blogs etc. and are inappropriate or violate applicable law are not permitted and will be deleted immediately.
Violations of this regulation may lead to a liability for damages of the user as well as the immediate exclusion of the user from the use of the platform.
Conducting an Investment
An investment through the platform proceeds as follows:
1. A potential investor registers as a user of the platform and informs themselves about the financing projects.
For this purpose, they use the information and documents provided by the respective issuer.
2. To conclude a participation contract, the user accepts the offer made by the issuer in the amount they have chosen via the process provided on the platform ("subscription declaration").
3. The legal obligations from the contract become effective with the user's subscription declaration, and the payment of the amount owed by the user becomes due.
The user must deposit the amount with a debt-discharging effect towards the issuer into a trust account.
4. In the event of an effective withdrawal of the contract, the issuer will ensure that the user's investment is refunded without deductions or costs from the trust account to their deposit account; this does not affect any obligation to compensate for value in the event of a user's withdrawal.
Term
1. The user agreement existing under these GTC is concluded for the period specified in the contract.
2. The platform operator endeavors to offer comprehensive availability of the platform within the scope of what is technically feasible and economically reasonable.
However, the platform operator does not provide any warranty for this.
In particular, maintenance work, security, and capacity reasons, technical conditions, as well as events outside the platform operator's control, may lead to temporary or permanent unavailability of the platform.
The platform operator reserves the right to restrict access to the platform at any time and as necessary, e.g., for carrying out maintenance work.
3. The user is not entitled to pass on or reproduce any documents, information, and materials that they have downloaded from the platform.
Exceptions to this obligation are information and documents that are publicly accessible. This obligation remains indefinitely, even beyond the use of the platform and upon termination of this user agreement.
If a user violates this obligation, it may result in a liability for damages.
4. The collection and use of personal data of the user are exclusively carried out within the framework of the legal provisions, particularly considering the applicable data protection law.
Further information is provided in the separate privacy policy of the platform operator.
Liability
1. The liability of the platform operator for contractual breaches of duty and tortious liability is limited to intent and gross negligence.
2. In addition, the platform operator is only liable for simple negligence in the event of a breach of such essential contractual obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the user may regularly rely ("cardinal obligations").
The liability for cardinal obligations is limited to such typical damages and/or such a typical extent of damage as was foreseeable at the time of the conclusion of the contract.
3. The above limitations also apply to legal representatives, executives, employees, or vicarious agents of the platform operator.
4. The above limitations do not apply to liability for injury to life, body, or health, and under the Product Liability Act, as well as in the case of the assumption of express guarantees by the platform operator.
5. The platform operator is not liable for the information provided by issuers on the platform about themselves or the effectiveness of the loan agreements concluded between the user and the issuer.
The information provided on the platform by issuers about themselves is based solely on the statements and documents of the issuers themselves.
The responsibility for ensuring that this information is accurate, up-to-date, and complete lies solely with the respective issuer.
The platform operator does not verify the information provided.
6. The platform operator's website contains links to external third-party websites.
The platform operator has no influence on the contents of these directly or indirectly linked websites.
The respective provider or operator is always responsible for the accuracy of the contents, which is why the platform operator assumes no liability in this regard.
The platform operator checked the external websites for possible legal violations at the time of linking.
At the time of linking, no legal violations were recognizable.
The platform operator cannot continuously monitor all contents of the linked sites without concrete evidence of a violation of the law.
If the platform operator becomes aware of legal violations, the corresponding links will be removed immediately.
Final Provisions
1. The platform operator reserves the right to change these terms of use at any time and without giving reasons for the future. Registered users will be informed of future changes to these terms of use by email at least one month before the amended terms of use take effect.
If the user does not object within one month after receipt of the notification, the amended terms of use are considered accepted by the user.
The platform operator will specifically point this out in the notification.
These terms of use are exclusively subject to the law of the Kingdom of Thailand.
2. The place of jurisdiction for all legal disputes arising from this contractual relationship is the location of the platform operator.
In all other cases, the statutory place of jurisdiction applies.
3. If individual provisions of these GTC are void, ineffective, or unenforceable or become so, the validity of the remaining provisions of these GTC shall not be affected.
In this case, the parties are obliged to replace the void, ineffective, or unenforceable provisions with provisions that come closest to the purpose pursued with the void, ineffective, or unenforceable provisions in a legally permissible manner.
The same applies in the event of regulatory gaps.