The Service is available only to Investors who are at least 18 years old. You represent and warrant that: (a) if you are an individual, you are of legal age, fully able and competent to form a binding contract; (b) all registration information you submit is accurate and truthful; (c). you will maintain the accuracy of such information; (d) your use of the Services does not violate any applicable law or regulation. UInvest may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept this Agreement on such entity's behalf, and that such entity agrees to indemnify UInvest for violations of this Agreement.
Registration and authorization process
Our Service and certain pages of the Site are available only to Investors who have been registered on UInvest Site and have created a User account. Only Users with a valid username and password are authorized to access Service and Site. User shall not: (i) select a username already used by another User; (ii) use a username to which another person has rights without such person's authorization; or (iii) use a username or password that UInvest, in its sole discretion, deems offensive or inappropriate. As part of UInvest’s authorization process, each User shall be required to provide, among other things, a valid email address. In providing your email address and agreeing to this Agreement, each authorized User consents to receiving email notifications from UInvest concerning offerings. In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site; (b) maintain the security of your password and identification; (c) maintain and promptly update the registration data, and any other information that you provide to UInvest, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the registration data and any other information you provide to UInvest. Unauthorized use of the Site and our Service, including, but not limited to the misuse or sharing of passwords or misuse of any other information, is strictly prohibited. You may not use the Site in any manner that could damage, disable, overburden or impair the Site or Service or interfere with any other party's use and enjoyment of the Site or Service. You agree that you will not engage in any activities related to the Site that are contrary to respective laws or regulations. You further agree that you are responsible for any unauthorized use of your account that is made before you have notified UInvest and we have had a reasonable opportunity to act on that notice. UInvest reserves the right at its discretion to restrict, suspend or terminate your access to the Service, at any time, with or without prior notice, and even without receiving such notice from you, if we suspect that it is being used in an unauthorized, fraudulent, or illegal manner. UInvest further reserves the right, at our sole discretion, to take appropriate legal action against anyone who violates respective laws or regulations, including reporting suspected violations to and cooperating fully with law enforcement authorities. You shall be solely responsible for maintaining the confidentiality of your password and fully responsible for all activities that occur by use of your account. Notwithstanding the above, you are responsible for monitoring your account and should promptly notify UInvest by submitting to us a report of any known unauthorized or suspicious activity in your account, or breach of security, including loss, theft, or unauthorized disclosure of your password or financial information. You may terminate your account at any time by submitting a request. Before termination you are required to sell all assets you have in UInvest and withdraw all your funds from your UInvest online account. Your request will be considered within 48 business hours, and only after you accomplish the above required provisions will your account be terminated.
In order to use UInvest's payment Services and for the purposes of carrying out, but not limited to, electronic transfers, Investments, sell and purchase of Shares, User must first open Electronic Account, which operates with the internet commodity known as “Uinvest Balance” and “UP”, further described at https://upay.net (hereinafter referred to as the 'Electronic Account'). At the same time, the “Uinvest Balance”, unlike the “UP”, as a specific type of internet commodity, can’t be sold or bought in exchange of electronic money through the available third party’s services, therefore the usage of “Uinvest Balance” in UInvest's payment Services may be restricted in use within the Uinvest’s Services. You agree to maintain only one Electronic Account with the Service at any time and certify that you currently have no other account(s) with the Service. User is responsible for all transfers from Electronic Account, even if the instructions provided by User are incorrect. Every recipient of a payment or transfer must have a valid Electronic Account. Once funds are credited to the recipient's Electronic Account, the transfer becomes irreversible. The term 'Electronic money' as used in this Agreement or the Site does not coincide with the meaning of the term 'Electronic money' as construed in the Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (hereinafter - Directive). 'Electronic money' means electronically stored monetary value as represented by a claim on the issuer which is issued on receipt of funds for the purpose of making payment transactions and which is accepted by a natural or legal person other than the electronic money issuer (Article 2(2) of the Directive). Since "Uinvest Balance" and "UP" can only be used within the Uinvest crowdfunding platform and exclusively for the purpose of buying and selling shares and obligations, they are not electronic money within the meaning of the Directive.
Fees and Payments
You shall pay all fees and charges incurred, and implement all your transactions through your Electronic Account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by UInvest or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You have the right to withdraw funds from your Electronic Account at any time, however, you may be required to confirm your identity beforehand. There is no minimum withdrawal amount, but the funds on your Electronic Account must be sufficient to cover any applicable withdrawal fee. You may choose the method of withdrawal when submitting your withdrawal request.
Enrollment in the Affiliate Program
All new Users have the right to earn a commission for referring customers to UInvest Site (“Affiliate Activity”). The commission for Affiliate Activity is a flat 4%, plus a bonus that varies and depends on activity of referred customers. At our sole discretion we reserve the right to change the formula for calculating the bonus at any time, without prior notice. Thus, the full commission is recalculated on a daily basis and is shown inside User’s account. UInvest has the right to disable the bonus part of the commission for an affiliate partner, and even terminate an affiliate account, if UInvest determines (at its sole discretion) that affiliate’s website is unsuitable for the affiliate program for any reason, including, but not limited to, inclusion of content that is considered by UInvest to be unlawful, harmful, undesirable, or otherwise does not meet this Agreement. If UInvest rejects or terminate your application for any reason, you may not reapply to the UInvest Affiliate Program utilizing the same domain name/URL if that domain name/URL has already been rejected nor may you reapply using a different domain/URL name then add your link to the previously rejected domain name/URL. UInvest, at its sole discretion, reserves the right to notify or to not notify any prospective affiliate of their rejection or removal from the UInvest Affiliate Program at any time.
Company listings on this Site are only suitable for Investors who are familiar with and willing to accept the high risk associated with Investments. The term “Investment” in this Site shall imply the investment which is made through providing funds under the terms and conditions of loan and does not imply the purchase of securities. The term “Share” in this Site shall imply the rights of the Investor under Investment, that include but are not limited to: collecting interest, receiving a refund for said Investment, assigning or conceding the Investor's rights to other persons, demanding the fulfillment of obligations by the Companies, etc. Consequently the terms “Sell Share” or “Buy Shares” in this Site mean the assignment of Investor’s rights under and interest in said Investment to other User at the agreed price. Companies’ projects listed on the Site are not publicly offered and, therefore, are less liquid. Companies seeking Investments tend to be in earlier stages of development and have not yet been fully tested in the public marketplace. Investing Companies listed on the Site requires high risk tolerance, low liquidity concerns, and long-term commitments. Investors must be able to afford to lose their entire Investment. The value of the Share and the income from the Investment can fall as well as rise. Future performance is not guaranteed by past performance. The contents of this Site do not constitute legal, financial, or tax advice. Investors are solely responsible for conducting any legal, accounting or due diligence review. It is highly recommended to obtain investment and tax advice from your advisers before deciding to invest. Investment products are not guaranteed by any bank or financial institution, and may lose value. None of the information contained in the publicly available portions of the Site constitutes a recommendation, solicitation, or offer buy or sell any Shares, securities, options or other financial instruments or other assets, nor provide any investment advice or service. The information contained in the Site has been prepared without reference to any particular User's investment requirements or financial situation. The information and services provided on the Site are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where UInvest is not authorized to provide such information or services. Some products and services described in the Site may not be available to all clients or in all jurisdictions.
Use of Links
Third Party Content
Certain portions of the Site may contain third party content and may provide links to webpages and content of third parties (collectively "Third Party Content"). UInvest does not control, endorse, investigate, or adopt any Third Party Content, and makes no representations or warranties of any kind regarding the Third Party Content, including with respect to its accuracy or completeness. You acknowledge and agree that UInvest is not responsible or liable in any manner for any Third Party Content or your reliance upon Third Party Content. Users use such Third Party Content at their own risk.
Proprietary Rights & Copyright Policy
The Site and Service, including but not limited to UInvest’s trademarks, trade names, service marks, copyrights, logo, content, video, audio, graphics, photographs, and goods (the "Content"), is protected by respective law. UInvest owns and retains all rights in the Content and the Service. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, and arranged by UInvest and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of UInvest. You agree to protect the proprietary rights of UInvest and all others having rights in the Service during and after the term of this Agreement and to comply with all reasonable written requests made by UInvest and licensors to protect their and others' contractual, statutory, and common law rights in the Service. You may not use, alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy or transmit any Content or other such proprietary information without the express written permission of UInvest. Except as expressly permitted herein, you shall not use the Content or the Service, or the names of any individual participant in, or contributor to the Service, or any variations or derivatives thereof, for any purpose, without UInvest’s prior written approval. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to UInvest for its exclusive use. If you believe that any material on the Site violates this Agreement or your intellectual property rights, please notify UInvest as soon as possible by sending an email to email@example.com with the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iii) your contact information, including your address, telephone number, and an email address; (iv) a statement by you that you have in good faith that use of the material in the manner called into question is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, UInvest will also terminate a User's account if the User is determined to be a repeat infringer.
Permission is granted to temporarily download one copy of the materials (information or software) on the Site for personal, non-commercial transitory viewing only. This constitutes grant of a license, not a transfer of title, and under this license you may not (i) modify or copy the materials; (ii) use the materials for any commercial purpose, or for any public display (commercial or non-commercial); (iii) attempt to decompile or reverse engineer any software contained on UInvest's web site; (iv) remove any copyright or other proprietary notations from the materials; or (v) transfer the materials to another person or "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by UInvest at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must delete any downloaded materials in your possession whether in electronic or printed format.
Restrictions on Use
You agree to access the information on the Site solely for the purpose of evaluation of potential investment opportunities on the Site. You may not use the Service for any illegal purpose or in any manner inconsistent with the Agreement. You agree not to use, transfer, distribute, or dispose of any information contained in the Site and Service in any manner that could compete with the business interests of UInvest. You may not publish information that may be considered as misleading and aimed to destroy the reputation of UInvest. User accounts that are proven to be involved in such activity may be terminated at any time. UInvest reserves the right to refuse to provide further Service to Users whose accounts are proven to be involved in the aforementioned activity(ies). You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, or in any way exploit any part of the Service, except that you may download material from the Service and/or make a print copy for your own personal use, provided that you retain all copyright and other proprietary notices. You may not recirculate, redistribute or publish the presentation included in the Service without UInvest’s prior written consent. You will not damage, disable, overburden, or impair the Service, or interfere with anyone else's ability to access or use the Service. You will not disrupt or try to gain unauthorized access to any account, Electronic Account, computer, hardware, or network related to the Service. You will not use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam"); or send, either directly or indirectly, any spam through the Service. You will not use any trademarks, trade names, service marks, copyrights, or logos of UInvest in unsolicited mailings or spam material. You agree to comply with any other applicable terms of service set forth in this Agreement.
UInvest has no special relationship with or fiduciary duty to you. You acknowledge that UInvest has no control over, and no duty to take any action regarding: which Users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release UInvest from all liability for you having acquired or not acquired Content through the Site. UInvest makes no representations concerning any Content contained in or accessed through the Site, and UInvest will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site or the Service. UInvest neither represents, warrants, covenants guarantees, implies, nor promises any specific results from use of the Site. THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE SERVICE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES. UInvest makes no representation or warranty, express or implied, with respect to any third party data provided to UInvest or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. UInvest will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance, or (c) interruption in any such third party data due either to any negligent act or omission by UInvest or "force majeure" or any other cause beyond the control of UInvest. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, THE ACCURACY, COMPLETENESS OF, OR RESULTS TO BE ACHIEVED FROM USING ANY SERVICES, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
The information displayed on Sites, including any related or affiliated Sites, materials, pamphlets, and otherwise (“Sites”), are not intended for viewers and/or United States citizens (as defined in regulation S of the US Securities Act of 1933), or persons with residence in the United States (and any territories covered by the laws of the United States) (“Restricted nation” or “Restricted citizen”). All information or content in the Sites, or linked from the Sites, is not intended to constitute either an offer to sell or a solicitation to buy any investment to any Restricted citizen in the Restricted nation. Any party reviewing the Sites acknowledges that information contained on or related to the Sites may contain solicitations for investments, offerings, programs for raising money, or lending/borrowing platforms which are not registered securities under the US Securities Act of 1933, and therefore all Restricted citizens understand and agree that they are barred and prohibited from soliciting, investing or even potentially from viewing the content on the Sites, and each visitor to the Sites represents and warrants that they are not a Restricted citizen and do not live in a Restricted nation. The information or content in the sites may not be viewed, considered, distributed or acted upon by any Restricted citizen. UInvest is considering registering an affiliated company in the United States as an intermediary (funding portal) when the JOBS Act of 2012 is implemented, and at such time certain crowdfunding offerings may be available for viewing. However until such time that UInvest, or an affiliate, obtains all the necessary licenses and approvals, no Restricted citizens are deemed to be invited, solicited, or allowed to invest in any foreign offering offered by UInvest. By accessing the following pages of the Sites you confirm that you have seen, understood, and accepted these terms and conditions and confirm that you are not a Restricted citizen and are not from a Restricted nation.
You shall defend, indemnify, and hold harmless UInvest, its affiliates and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of the Agreement, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. UInvest reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with UInvest in asserting any available defenses.
Limitation of Liability
In no event shall UInvest, nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any inaccuracy, delay, Service interruption, error or omission, without regard to cause of same, (iii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination).
UInvest specifically disclaims any liability for any indirect, special, or consequential damages, whether such damages were unforeseen or foreseen, with respect to any use of its Services, including but not limited to lost time, lost money, lost profits or good will, whether damages are based in contract, tort, strict liability or otherwise. If a court or arbitrator nevertheless determines that these limitations of liability are unenforceable, the cumulative liability of UInvest under any legal theory of recovery shall not exceed the amount paid for the Services.
Governing Law; Arbitration
This Agreement (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the respective law, without giving effect to any principles of conflicts of law. Unless otherwise agreed in writing by User and UInvest, all disputes arising out of or in connection with the present Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The Emergency Arbitrator Provisions shall not apply. The seat, or legal place, of arbitration shall be London. The number of arbitrators shall be three. The language to be used in the arbitral proceedings shall be English. User agrees that it may bring claims against UInvest only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Since UInvest is offering non-tangible irrevocable Services we do not issue refunds once the Service is rendered and/or the Shares is purchased. Purchases of Shares through UInvest’s Service are final. There are no cancellations of online orders that have been accomplished successfully. As a customer you are responsible for understanding this upon using UInvest’s Service.
However, UInvest, in its sole and absolute discretion, can issue refund in case the Services rendered or Shares purchased through the UInvest’s Services does not match the one, described on the Site. Such issue should be reported to UInvest’s Support Department by customer via UInvest ticket system within a month from the date of the Services was rendered or the Shares were purchased. Clear evidence must be provided stating that rendered Services or purchased Shares are not as described on the Site. Complaints, based merely on the customer’s false expectations or wishes, are not honored.
If a customer wishes to get a refund, s/he must notify UInvest via UInvest’s ticket system providing proof of their cancellation of any/all managed funds as well as a clear case why they are requesting said refund, and why it is justifiable in our fulfillment of said request. UInvest must be given time to check the case and verify the request within 10 calendar days, before a refund or adjustment will be considered.
REFUNDS WILL BE ISSUED ONLY IN CASE IF THE PURCHASED SHARES WERE NOT SET OUT BY CUSTOMER ON UINVEST SHARE EXCHANGE AND/OR NO PROFIT WAS RECEIVED VIA THIS SHARES. REFUND AMOUNTS ARE LIMITED TO SHARES COST ON THE MOMENT OF PURCHASE.
Integration and Severability
This Agreement is the entire agreement between you and UInvest with respect to the Service and use of the Site, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and UInvest with respect to the Site. If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Modification of Agreement
UInvest reserves the right, at its sole discretion, to modify or replace any of the terms of this Agreement, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time. Such modification shall become part of this Agreement and are automatically effective once posted on the Site or by sending you an email. This Agreement may not be orally amended. UInvest may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the terms of this Agreement periodically for changes. Your continued use of the Service and Site following the posting of any changes to the Agreement constitutes acceptance of those changes.
UInvest may terminate your access to all or any part of the Site and Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so at any time by following the instructions on the Site. If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law. UInvest shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service. All provisions of this Agreement shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.