OSA Decentralised, or OSA DC, is a project developing an AI-driven marketplace on blockchain technology. OSA ICO company finished on 31 of August selling tokens worth about 40 000 000 USD.

Today we’re publishing our review of the legal side of the project.

The token purchase agreement is between a consumer investor and OSA Decentralised Limited (the “Company”). In fact, this is not an agreement, but an invitation to make an offer which may be rejected or accepted by the Company on the terms set out in the agreement. Surprisingly, the Company states that it may change the terms of the token purchase agreement without the consumer’s consent (see Clause 14.4). It then adds a clause stating that each party had a possibility to negotiate the terms of the agreement (see Clause 14.11). However, the procedure of purchasing tokens does prompt the consumer investor about a possibility to negotiate the terms of the agreement.

The Company is registered in the offshore jurisdiction, British Virgin Islands, under the number 1978260. The address of the Company is not provided in the Token Purchase Agreement, but presumably for an additional charge (which may be equal to the investment itself) the consumer may find the address in the BVI Company’ register. From the website, or the whitepaper, or the agreement it was not clear what the business corporate structure is and where the value of the business is located. Therefore, there is no transparency.

Landau team notes that the token purchase agreement has been drafted to take account of various risks which may occur during the life of the project and to push away the liability of the Company in case of the project failure (see Article 12 and Exhibit 2). Therefore, consumer investors won’t be able to get their money back if the project is not implemented as promised.

The good news is that the consumer investors will be able to claim a refund under the terms of applicable law (see Clause 3.1). In some countries the consumers have a right to change their mind within 14 days of the purchase. If so, the consumer investor may claim back the funds within this time period.

Landau team notes that the consumer investor gives to the Company 17 representations and warranties some of which have far reaching consequences. In contrast, the Company gives 3 standard simple representations (not warranties, which is an important difference in case of breach of the agreement).

The Platform has not yet been built and this means that the tokens are likely to be characterised as securities which are purchased with an aim to gain profit in future. The tokens cannot be used immediately on the platform. In any event, the Company states that it is investigating the regulatory market and may change the designation of the tokens accordingly. Therefore, consumer investors are purchasing tokens which may have a different purpose.

The token purchase agreement states that all disputes shall be referred to arbitration governed under the LCIA Rules. The consumer investors should be aware that filing a request under the LCIA Rules will cost each consumer £1,750. The agreement expressly prohibits class actions.

Landau team based its review on the information contained on the Company’s website, the whitepaper and the token purchase agreement.

#LandauReview #OSA

At least 10’000’000 USD were stolen by criminals using ICOs in the last year, Kaspersky Lab reports.

Hackers went far beyond classic and simple phishing methods, where a recognisable site is forged to make the user believe he is actually entering his essential data on an official, protected website. Cybercriminals either make fake sites of popular ICOs or try to gain access to private investors contacts to defraud them and make them send their money to a wrong account. For some investors it becomes too late when they recognise defraudulence.

Landau reminds its audience that it is very important to be aware of hackers, swindlers and especially fake accounts. As a rule, potential investors are never contacted by ICO representatives first, using either email or private messages, with a suggestion to transfer money. So it is advised to check carefully, whether you are contacting a real represantative of an organization or a fake account, let us say, of a Telegram group administrator. It does not take much time to open an official webpage, find an organization email and ask for help to approve or refute that you are contacted with by a real company representative. However, it saves your money from being invested into criminal’s pocket!

Other tips to secure your money:

? There is no such thing as a free lunch. Treat too tempting offers with skepticism.
? Check official sources for information regarding the free distribution of cryptocurrencies.
? Check if any third-parties are linked to the wallet transaction to which you plan to transfer your savings. One way of doing this is through blockchain browsers.
? Always check the hyperlink addresses and data in the browser address bar.
? Save the address of your e-wallet in a tab and access it from there to avoid making a mistake in the address bar and accidentally going to the phishing site instead.

#LandauTips

We’re introducing our new category #LandauTips which is obviously contains some essential (or not) pieces of advice from our experts!

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