Please read these Terms of Use and the Risk Disclosure Statement carefully. By accessing or using any service made available by us (the “FINLUX Services”), you agree to be legally bound by these Terms of Use (including the Risk Disclosure Statement), the Privacy Policy and all terms incorporated by reference in the foregoing.
Summary of Terms of Use
These Terms of Use are entered into between FINLUX and you. By accessing, downloading, using or clicking on “I agree”, “I accept”, “Start” or any similar agreement, acceptance or commencement acknowledgment to accept any FINLUX Services provided by FINLUX , you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms as well as the Privacy Policy. In addition, when using some features of the FINLUX Services, you may be subject to specific additional terms and conditions applicable to those features and/or subject to terms of use and privacy policy of third party platforms and operators of the same, with whom we may engage with from time to time for the provision of FINLUX Services (such third-party, a “FINLUX Partner”) . By utilising the FINLUX Services, you hereby acknowledge that not all FINLUX Services are provided by FINLUX and accordingly, FINLUX shall not be liable for any losses, damage or otherwise, from your use of such FINLUX Services.
By accessing, using or attempting to use FINLUX Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms of Use (and the terms and conditions (as applicable), which may be imposed by FINLUX Partners, to provide the FINLUX Services. If you do not agree, do not access FINLUX or utilize FINLUX Services in any way.
Our Services
FINLUX provides you with a simple and convenient way to purchase Digital Tokens using fiat currency (viz. credit card, debit card, bank transfer), from the respective platforms operated by our FINLUX Partners (each such platform, a “FINLUX Partner Platform”).
FINLUX will also assist our FINLUX Partners should you wish to sell your Digital Tokens (held on a FINLUX Partner Platform) in exchange for fiat currency.
Eligibility and Acceptable Use
You must meet certain eligibility criteria to use FINLUX Services. You must be at least 18 years of age and there are certain locations from which you may not be able to use some or all of our FINLUX Services. Other eligibility criteria (including such criteria imposed by our FINLUX Partners) may also apply. Additionally, there are certain things you cannot do when using FINLUX Services, such as engage in market misconduct or illegal activities, lie, or do anything that would cause damage to our services or systems. Please see Section 12 below on “Acceptable Use” for more details.
Risks
Engaging in the sale or purchase of cryptographic tokens is highly risky and speculative, and may result in monetary losses. Please do not use FINLUX Services if you do not understand these risks.
Other Important Legal Terms
There are important legal terms provided below in the complete Terms of Use, including your indemnification responsibilities, our limitation of liability and warranty disclaimers, and your agreement to arbitrate disputes. Please take the time to read these terms carefully. You can always contact us via the contact details as set out in our website, if you have any questions.
Complete Terms of Use
These Terms of Use and any terms expressly incorporated herein (“Terms”) apply to your use of the website operated and maintained by FINLUX (“we”, or “us”), and the FINLUX Services as described in these Terms.
1. Key Definitions
Capitalized terms not otherwise defined in these Terms will have the following meaning:
1.1.“External Account” means any bank account or similar accounts from which you may transfer or receive Funds , as approved by FINLUX or FINLUX Partners for the purpose of utilising the FINLUX Services, and shall where the context applies, include any debit card or credit card issued under such account, or where such account is utilised by you as settlement for any credit card.
1.2.“Funds” means Fiat Currency.
1.3.“Fiat Currency” means any national currency.
1.4.“FINLUX Account” means a user account opened by FINLUX , through which users may access FINLUX Services but does not include any External Account, bank account or such other supplementary accounts that a user may require for the successful utilisation of FINLUX Services.
15.“Digital Tokens” means any encrypted digital tokens or cryptocurrencies which are based on blockchain/cryptography technology, their derivatives or such other digital assets.
1.6.“Digital Token Account” means any Digital Token address or account owned or operated by you that is hosted outside of the FINLUX Services and our website, by FINLUX Partners, and includes any Digital Token address or account approved by FINLUX for the purposes of the FINLUX Services notwithstanding that such Digital Token address(es) and/or account(s) are hosted by service providers who are not FINLUX Partners (and with whom FINLUX does not have a formal legal relationship with).
2. Eligibility
2.1. FINLUX may not make the FINLUX Services available in all markets and jurisdictions, and may restrict or prohibit use of the FINLUX Services from certain jurisdictions (“Restricted Locations”).
2.2. You further represent and warrant that you: (a) are at least 18 years old; (b) have not previously been suspended or removed from using our Services or other similar services provided by other parties; (c) have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party; (d) using the FINLUX Services in your own name and solely for your own benefit; (e) are not located in, under the jurisdiction of, or a national or resident of any Restricted Locations (as defined in Section 2.1 above); (f) will not use FINLUX Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms; (g) are not a designated person under regulations issued pursuant to the lists of individuals or entities identified by the Security Council of the United Nations or the Committee as individuals or entities to whom or which apply the measures referred to in paragraph 8(d) of Resolution 1718 (2006)(including any such list as updated from time to time by the Security Council or the Committee, and made available on the Internet through the official United Nations website at http://www.un.org/) ; and (h) have read and understood these Terms and the Risk Disclosure Statement.
2.3. FINLUX maintains an anti-money laundering, countering the financing of terrorism and know your customer compliance policy (the “AML/CFT Policy”). Pursuant to such policy, FINLUX may, in its discretion, require identity verification and go through other screening procedures with respect to you or transactions associated with your FINLUX Account (including without limitation, transactions on FINLUX Partner Platforms which may have been executed by you via FINLUX Services and where applicable, your Digital Token Account). You agree and undertake to provide FINLUX (and where applicable, FINLUX Partners) with any and all information and documents that FINLUX may from time to time request or require for the purposes of these Terms or in connection with your FINLUX Account (including, but not limited to, your name, address, telephone number, email address, date of birth, government-issued identification number, photograph of your government-issued identity card or document or other photographic proof of your identity, and information regarding your Digital Token Account and External Account). In this regard, you hereby acknowledge that FINLUX may from time to time, request information from or provide information to, FINLUX Partners, External Account providers, such other third-parties with whom we and/or you have engaged with, credit bureaus, and agencies dealing in fraud or financial crime prevention, for the purposes of providing you FINLUX Services and/or enforcing these Terms. FINLUX will have no liability or responsibility for any permanent or temporary inability to access or use any FINLUX Services as a result of any identity verification or other screening procedures.
Further, pursuant to the AML/CFT Policy, FINLUX may, in its discretion, carry out continuous monitoring of all FINLUX Accounts (and where applicable, Digital Token Accounts held with FINLUX Partner Platforms, in conjunction with FINLUX Partners). If any unusually large or unusual patterns of orders or any inexplicable or suspicious circumstances are observed, FINLUX may, in its discretion, place an administrative hold on or freeze your FINLUX Account. FINLUX may also instruct FINLUX Partners or such other service providers with whom you have a Digital Token Account or External Account, to hold or freeze such account, until such time FINLUX is satisfied that you have not committed any breach. You agree that FINLUX will have no liability or responsibility for any permanent or temporary inability to access or use any FINLUX Services, FINLUX Account, External Account and/or Digital Token Account (as applicable).
2.4. Additionally, by agreeing to these Terms you certify that you are familiar with digital tokens or cryptographic tokens and trading in them and the risks attached to them and their trading, including but not limited to the risks highlighted in the Risk Disclosure Statement, and have sought relevant professional and legal advice pertaining to the same.
3. FINLUX Account
3.1. Number of FINLUX Accounts. Unless otherwise approved by FINLUX , you shall only be entitled to register and operate one FINLUX Account under your name (per your national ID, passport or such other document). FINLUX reserves the right to close and cancel any additional FINLUX Account should we find that you have registered more than one FINLUX Account. In such case, you agree that FINLUX shall not be liable for any loss or damage incurred by you as a result of FINLUX ’s decision to close any of the aforementioned additional FINLUX Account(s).
3.2. FINLUX Account information and security. In order to utilise FINLUX Services, you must have a FINLUX Account and provide any requested information for us to provide the FINLUX Services (information may include, amongst others, details of your Digital Token Account, External Account etc. ). For the purpose of your FINLUX Account, you agree to: (a) create a strong password that you do not use for any other website or online service; (b) provide accurate, complete and truthful information; (c) maintain and promptly update your FINLUX Account information; (d) maintain the security of your FINLUX Account by protecting your password and restricting access to your FINLUX Account; (e) promptly notify us if you discover or otherwise suspect any security breaches related to your FINLUX Account; and (f) take responsibility for all activities that occur under your FINLUX Account and accept all risks of any authorized or unauthorized access to your FINLUX Account, to the maximum extent permitted by law.
3.3. You are solely responsible for doing all things and taking all actions necessary to monitor and secure your FINLUX Account.
4. Privacy Policy
Please refer to our Privacy Policy for information about how we collect, use and disclose your personal data.
5. General Obligations
This Section 5 applies to all purchases and/or sale of Digital Tokens per the FINLUX Services viz. our FINLUX Partner Platforms and/or your Digital Token Accounts.
5.1. Conditions and Restrictions. We may, at any time and in our sole discretion, refuse any order submitted via your FINLUX Account viz. our FINLUX Services, impose limits on the purchase amount permitted via the FINLUX Services or impose any other conditions or restrictions upon your use of the FINLUX Services without prior notice, or if we are instructed to impose the same via our FINLUX Partners. For example, we may limit the number of Digital Tokens you wish to purchase via the FINLUX Services or we may restrict FINLUX Services for certain locations. In relation to the sale of Digital Tokens viz. FINLUX Partner Platforms and/or Digital Token Accounts, we will take instructions from such FINLUX Partners or Digital Token Account operators as to any limitations that may be imposed on your Digital Token Account.
5.2. Accuracy of Information. You must provide any information required when creating a FINLUX Account or when prompted by any screen displayed within the FINLUX Services. We reserve the right to take instructions from our FINLUX Partners or External Account service providers and impose necessary account controls or limitations should we be informed that you have not provided accurate information to us, our FINLUX Partners or such other third party service providers. You represent and warrant that any information you provide for the utilisation of the FINLUX Services is accurate and complete.
5.3. Cancellations.
Cancellation of orders. You may only cancel an order initiated via the FINLUX Services if such cancellation occurs before FINLUX executes the transaction (or for the purposes of the sale of Digital Tokens, before FINLUX receives instruction of an order from our FINLUX Partners). Once your order has been executed, you may not change, withdraw or cancel your authorization for FINLUX to complete such transaction. If an order has been partially filled, you may cancel the unfilled remainder. We may cancel your order in the following circumstances: (i) you have, in our view, engaged in market manipulation or abuse (as described in Section 12.1 below); (ii) your order under the circumstances involves an obvious error with respect to price, quantity or other parameters; (iii) your order would result in self-execution as described in Section 7.1 below;(iv) if required by any applicable law or regulation; (v) if required for technical reasons, such as system maintenance and/or upgrade; and/or (vi) we receive instructions from our FINLUX Partners or External Account service providers as to any of the foregoing.
Cancellation of transactions. Subject to Section 7.6 below, all orders are irreversible once initiated. While we may, at our sole discretion, reverse a transaction in the case of Manifest Error or if required by any applicable law or regulation or under certain extraordinary conditions, a customer does not have a right to a reversal of an order .
5.4. Insufficient Funds. If you have an insufficient amount of Funds in your External Account for us to complete an order via the FINLUX Services, we may cancel the entire order or may fulfill a partial order using the amount of Funds made available to us, less any fees owed to FINLUX or FINLUX Partners in connection with our execution of the order. The aforementioned shall apply to a sale of Digital Tokens where we are instructed by our FINLUX Partners that you do not possess sufficient Digital Tokens in your Digital Token Account (as described in Section 9 below).
5.5. Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you complete via the FINLUX Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that FINLUX and FINLUX Partners are not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding or remitting any taxes arising from any transaction.
5.6. Compliance with all applicable laws and regulations. You represent, warrant and undertake that you have and shall at all times comply with all applicable laws and regulations in all jurisdictions relevant to any FINLUX Service provided or made available by us or FINLUX Partners (in the course of the FINLUX Services) to you.
6. Insufficient Funds
6.1. Payment for orders. In order to place or match an order via the FINLUX Services (as described in Section 7), you must first transfer Funds in accordance with the payment details provided to you when an order is submitted via bank transfer, debit card or credit card. You may be required to verify that you control the External Account which you elect to use to purchase Digital Tokens. You may be charged fees by our FINLUX Partners when you transfer Funds for the purchase of Digital Tokens. FINLUX is not responsible for any additional fees levied by FINLUX Partners or External Account service providers or for the management and security of any personal or payment details which you have provided to us to the maximum extent permissible by applicable laws.
6.2. Sale of Digital Tokens from a Digital Token Account. Provided that the balance of your Digital Tokens in your Digital Token Account is greater than any minimum balance requirements needed to satisfy all of your open orders and any fees payable to FINLUX (and where applicable, FINLUX Partners) and subject to your compliance with all identity verification and other screening procedures and your satisfaction of all requirements under FINLUX ’s AML/CFT Policy as provided in Section 2.3 above, FINLUX may (but is not obligated to) agree to your request to transfer any amount of Funds which you have received in lieu of the sale of Digital Tokens on FINLUX Partner Platforms, less any fees charged for such transactions, to your External Account.
6.3. Transfer Authorization. When you request that we transfer Funds for the purchase of Digital Tokens viz. our FINLUX Partners, such request shall be deemed authorisation of FINLUX to execute such transaction via the FINLUX Services.
6.4. Rejected Transactions. In some cases, our FINLUX Partners may reject your request for the sale and/or purchase of Digital Tokens. You agree that you will not hold FINLUX liable for any loss resulting from such rejected transactions.
6.5. Ownership of Digital Tokens. You hereby represent and warrant that any Digital Tokens sold on FINLUX Partner Platforms or Digital Token Account, held by you, or otherwise used by you in connection with the FINLUX Services are owned by you legally and beneficially, have not been derived from any illicit activities and that all orders and transactions initiated are for your own account and not on behalf of any other person or entity.
6.6 Ownership of Funds. You hereby represent and warrant that your External Account and all Funds used to purchase Digital Tokens are owned by you legally and beneficially, and have not been derived from any illicit activities.
7. Orders
This Section applies when we receive an order from you or our FINLUX Partners in relation to the utilisation of our FINLUX Services.
7.1. Purchase Order. A Purchase Order is created when you enter an instruction via your FINLUX Account to buy a specified quantity of a type of Digital Token at a price quoted on our website. To place an order, you must have a sufficient amount of the relevant Funds in your External Account or such other account acceptable to us and/or our FINLUX Partners to cover the total value of the order plus any applicable fees (as described in Section 9 below).
When you submit a Purchase Order via the FINLUX Services, and it is initiated, you will be deemed to have authorized FINLUX to execute the purchase order with our FINLUX Partners, on your behalf in accordance with such order on a spot basis and charge you any applicable fees (as described in Section 9 below). Once a Purchase Order has been successfully complete, our FINLUX Partners will transfer the relevant Digital Tokens into the Digital Token Account designated in your Purchase Order.
7.2. Sale Orders. A Sale Order is created when you enter an instruction via your Digital Token Account or on FINLUX Partner Platforms for the sale of your Digital Tokens held therein. Any Sale Order shall be subject to the terms and conditions set out on FINLUX Partner Platforms or such other platforms on which you have a Digital Token Account. We shall only proceed to fulfil a Sale Order if we receive instructions from our FINLUX Partners as to the successful sale of your Digital Tokens viz. your Digital Token Account or on FINLUX Partner Platforms, and your request to withdraw such proceeds as fiat currency, into your External Account.
7.3. Market rates. You acknowledge and agree that the exchange rate information made available via our FINLUX Services may differ from prevailing exchange rates made available via other sources outside of the FINLUX Services (or as provided by our FINLUX Partners). In this regard, the rates quoted to you may differ from time to time, depending on the volume of the Digital Tokens you wish to purchase or such other factors that our FINLUX Partners may determine). For more information as to the available rates, you may contact us via the contact details listed on our website.
Further, you acknowledge that FINLUX is merely transmitting information to you from external sources and shall not be liable for any inaccuracy or defect of such information. In this regard, by electing to proceed with FINLUX Services, you represent and warrant that you have done your own due diligence as to the relevant market prices from sources outside of FINLUX and/or FINLUX Partners.
7.4. Market volatility. Particularly during periods of high volume, illiquidity, fast movement or volatility in the marketplace for any particular, or one or more Digital Tokens, the actual market rate at which an order is executed may be different from the prevailing rate indicated via the FINLUX Services at the time of your order. You understand that we are not liable for any such price fluctuations. In the event of a market disruption or Force Majeure event (as defined in Section 22), FINLUX may do one or more of the following: (a) suspend access to the Services; or (b) prevent you from completing any actions via the Services, including closing any open positions. Following any such event, when trading resumes, you acknowledge that prevailing market rates may differ significantly from the rates available prior to such event.
7.5. Order Fulfilment. Subject to the terms and conditions in these Terms, we will use commercially reasonable efforts to fulfil all orders initiated viz. the FINLUX Services within seven (7) days from the time we have received such order (whether from you or our FINLUX Partners).
7.6. Error Correction Attempts. A Manifest Error is an error or omission, which by fault of you or us or any user or third party or due to any disruptions, errors, distortions or delays, is materially and clearly incorrect when taking into account market conditions, rates and prices which prevailed at that time. It may include, but is not limited to, an incorrect price, date, time, Digital Token liquidity, fee, or any error or lack of clarity of any information or source.
If an order or transfer is based on a Manifest Error (regardless of whether you or we or any other user gains from the error) and/or executed and/or settled on the basis of Manifest Error, FINLUX may (but is not obliged to), at its option and sole discretion, act reasonably and in good faith to: (a) correct, reverse or cancel any order or transfer; (b) void an order as if it had never taken place; and/or (b) amend an order so that its terms are the same as the order which would have been executed if there had been no Manifest Error.
We will exercise the foregoing rights as soon as reasonably practicable after we become aware of the Manifest Error. To the extent practicable we will give you prior notice of any action we take under this clause but if this is not practicable we will give you notice as soon as practicable afterwards. If you consider that an order or transfer is based on a Manifest Error, then you must notify us immediately. We will consider in good faith whether it is appropriate to take any action under this Section 7.6 taking into account all the information relating to the situation.
You hereby authorize FINLUX (and to the extent applicable, FINLUX Partners) to attempt and/or perform any such correction, reversal, cancellation, voiding or amendment described in this section. FINLUX (and to the extent applicable, FINLUX Partners) provides no guarantee or warranty that any such attempt will be successful and will have no responsibility or liability for the Manifest Error or the making or failure of any correction attempt, except if caused by the gross negligence, willful default or fraud of FINLUX . There is a risk that you may be prejudiced by any action or omission of FINLUX (and to the extent applicable, FINLUX Partners)in this regard, and you accept that you have no recourse whatsoever against FINLUX (and to the extent applicable, FINLUX Partners).
7.7. Independent Relationship, No Advice. You acknowledge and agree that: (a) FINLUX is not holding monies and/or Funds as your trustee, and is not acting as your broker, intermediary, agent, or advisor or in any fiduciary capacity, and (b) no communication or information provided to you by FINLUX shall be considered or construed as investment advice.
We shall not give advice to you on the merits of any Digital Token and shall deal with you on an execution-only basis. None of our employees or staff are authorised by us to give you investment advice. Accordingly, you should not regard any proposed purchases, suggested trading strategies or other written or oral communications from us as investment recommendations or advice or as expressing our view as to whether a particular Digital Token is suitable for you or meets your financial objectives. You must rely on your own judgement for any decision you make in relation to your FINLUX Account and the sale/purchase of Digital Tokens. If you require investment or tax advice, please contact an independent investment or tax adviser. You acknowledge and agree that you have made your own independent analysis and decision when making a purchase order and such order has been made without reliance upon any views, representations (whether written or oral), advice, recommendation, information or other statement by us.
7.8 No Custody or Possession. FINLUX neither represents nor warrants that it provides or shall provide at any time, any custodial services for Digital Tokens or Funds, whether held in your Digital Token Account, External Account, FINLUX Partner Platforms or any other accounts which you may utilise to hold your Digital Tokens and/or Funds.
FINLUX shall act only as a facilitator for the sale and/or purchase of Digital Tokens in exchange for Funds and will not possess or hold your Digital Tokens or Funds on your behalf.
You hereby acknowledge your understanding that your FINLUX Account merely allows you to execute and track your usage of, FINLUX Services and is not inclusive of your Digital Token Account. The Digital Token Accounts are hosted/operated by FINLUX Partners and third party service providers, and not FINLUX . In this regard, you hereby acknowledge that FINLUX shall not be liable for any loss of Digital Tokens or Funds or that may be held in your Digital Token Accounts or on FINLUX Partner Platforms.
8. Risk Disclosure
8.Please refer to the Risk Disclosure Statement .
9. Fees
9.1. Amount of Fees. You agree to pay FINLUX the fees that may be required to be paid and which shall be specified from time to time on our website or at the point an order is made. FINLUX may, in its discretion, update the fees at any time. Any updated fees will apply to orders that occur after the effective time of the updated fees. You authorize FINLUX to instruct our FINLUX Partners or your External Account service provider to deduct any applicable fees that you owe under these Terms.
9.2. Third-Party Fees. In addition to the Fees, your External Account provider and/or our FINLUX Partners may impose fees in connection with your use of your designated External Account, Digital Token Account, FINLUX Partner Platforms or such other services they may provide which are ancillary to the FINLUX Services . Any fees imposed by your External Account provider and/or FINLUX Partners will not be subject to their respective terms and conditions. You are solely responsible for paying any fees imposed by our FINLUX Partners or your External Account provider.
9.3. Payment of Fees. You authorize us to instruct FINLUX Partners and/or External Account providers to charge or deduct any applicable Fees owed via the FINLUX Services, from your External Account and/or Digital Token Account.
10. Electronic Notices
10.1. Consent to Electronic Delivery. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, “Communications”) that FINLUX provides in connection with your FINLUX Account and/or use of the FINLUX Services. You agree that FINLUX may provide these Communications to you by posting them via the FINLUX Services, by emailing them to you at the email address you provide, or by publishing them on our website (in this regard, you shall be liable for keeping yourself up to date on all developments and undertake to keep yourself up to date). You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also contact us through support to request additional electronic copies of Communications or, for a fee, paper copies of Communications (as described below).
10.2. Hardware and Software Requirements. In order to access and retain electronic Communications, you will need a computer with an Internet connection that has a current web browser with cookies enabled and 128-bit encryption. You will also need to have a valid email address on file with FINLUX and have sufficient storage space to save past Communications or an installed printer to print them.
10.3. Withdrawal of Consent. You may withdraw your consent to receive electronic Communications by contacting us. If you decline or withdraw consent to receive electronic Communications, FINLUX may suspend or terminate your use of the FINLUX Services.
10.4. Requesting Paper Copies. If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 30 days after the date we provided the Communication to you by contacting us. In order for us to send paper copies to you, you must have a current street address on file with FINLUX . Please note that FINLUX operates exclusively online and it is very burdensome for us to produce paper copies of Communications. Therefore, if you request paper copies, you understand and agree that FINLUX may charge you a processing fee, in the amount described in the Fee Structure, for each page of Communication requested.
10.5. Updating Contact Information. It is your responsibility to keep your email address and personal details on file with FINLUX up to date so that FINLUX can communicate with you. You understand and agree that if FINLUX sends you an electronic Communication but you do not receive it because your personal details on file are incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, FINLUX will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add FINLUX to your email address book so that you will be able to receive the Communications we send to you. You can update your personal details at any time by logging into your FINLUX Account or by contacting us. If your email address becomes invalid such that electronic Communications sent to you by FINLUX are returned, FINLUX may deem your account to be inactive, and you may not be able to complete any transaction via our FINLUX Services until we receive a valid, working email address from you. We shall not be liable for any failure of communication (for any reason).
11. Disputed Property
If FINLUX receives notice that any Digital Tokens held in your Digital Token Account or Funds held in your External Account are alleged to have been stolen or otherwise are not lawfully possessed by you, FINLUX may, but has no obligation to, place or instruct our FINLUX Partners/your External Account provider to place an administrative hold on or freeze, the affected Digital Tokens in your Digital Token Account, the Funds received for the purposes of a purchase order, your FINLUX Account, or where applicable, your External Account. If FINLUX or FINLUX Partners do place an administrative hold on or freeze some or all of your Digital Tokens or Funds, FINLUX or FINLUX Partners (upon instruction of FINLUX ) may continue such hold the same until such time as the dispute has been resolved and evidence of the resolution acceptable to has been provided in a form acceptable to FINLUX (and/or FINLUX Partners, where applicable). FINLUX (and/or FINLUX Partners, where applicable) will not involve itself in any such dispute or the resolution of the dispute. You agree that FINLUX (and/or FINLUX Partners, where applicable) will have no liability or responsibility for any losses, damages or prejudice arising from or in connection with such hold or freeze, or for your inability to withdraw Digital Tokens or receive a refund for your Funds, during the period of any such hold or freeze.
12. Acceptable Use
12.1. When accessing or using the FINLUX Services, you agree that you will not violate any law or any contractual, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our FINLUX Services. Without limiting the generality of the foregoing, you agree that you will not:
Use our FINLUX Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our FINLUX Services, or that could damage, disable, overburden or impair the functioning of our FINLUX Services or bring disrepute to our FINLUX Services in any manner;
Use our FINLUX Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; market manipulation or abuse (including but not limited to your taking actions, or acting in concert with another user to take actions, on or outside the Services, which are intended to deceive or mislead other users, or artificially control or manipulate the price or trading volume of a Digital Token); money-laundering; or terrorist activities; or other illegal activities;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
Use or attempt to use another user’s account without authorization;
Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our FINLUX Services that you are not authorized to access;
Introduce to the FINLUX Services any malware, virus, trojan worms, logic bombs, or other harmful material;
Develop any third-party applications that interact with our FINLUX Services without our prior written consent;
Provide false, inaccurate, or misleading information;
Encourage or induce any third party to engage in any of the activities prohibited under this section.
13. Feedback
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, and ideas or other information or materials regarding FINLUX or our FINLUX Services that you provide, whether by email, posting through our Services or otherwise (“Feedback”). Any Feedback you submit is non-confidential and shall become the sole property of FINLUX . We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes. You also acknowledge and agree that we have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in our website.
14. Copyrights and Other Intellectual Property Rights
14.1. Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the EURLTA Services, including, without limitation, all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Materials”) are the proprietary property of FINLUX , FINLUX Partners or our licensors or suppliers and are protected by international copyright laws and other intellectual property rights laws.
14.2. We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use the Materials for your personal use. Such license is subject to these Terms and does not permit (a) any resale of the Materials; (b) the distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Materials, or any portion thereof; or (d) any use of the Materials other than for their intended purposes. The license granted under this section will automatically terminate if we suspend or terminate your access to the FINLUX Services.
15. FINLUX Partners
Prior to or at the point of utilising the FINLUX Services, you shall separately read and sign User Agreements, Terms and Conditions, Privacy Policies, etc. with our FINLUX Partners (as applicable, in accordance to the FINLUX Service which you require) and other specific rules as well as the business rules of such FINLUX Partners and open an account or Digital Token Accounts on such FINLUX Partner Platforms (as applicable), following the completion of the registration and identity verification for your FINLUX Account, if applicable.
By proceeding with our FINLUX Services, you hereby represent and warrant that you have read all terms, rules and policies imposed by our FINLUX Partners and agree to be bound by the same.
In this regard, you acknowledge that FINLUX , FINLUX Partners and External Account providers
16. Suspension; Termination
In the event of any Force Majeure Event (as defined in Section 22.5), breach of these Terms or any laws or regulations, or any other event that would make provision of the FINLUX Services commercially unreasonable for FINLUX , we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services and/or as may be required by applicable laws, file a suspicious transaction report with the relevant authorities or otherwise report or inform the relevant authorities or take any other steps to protect our interests as we deems appropriate. We may also terminate your access to the FINLUX Services in our sole discretion, immediately and without prior notice, and delete or deactivate your FINLUX Account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms. In the event of discontinuation of all FINLUX Services or termination of your access to the FINLUX Services or deletion or deactivation of your FINLUX Account: (a) all amounts payable by you to FINLUX will immediately become due; (b) FINLUX may cancel any open orders or other transaction requests that are pending at the time of discontinuation or termination or deletion or deactivation of your FINLUX Account;(c) FINLUX will, where possible, return any Funds which we have collected for the purposes of our FINLUX Services which have yet to be transacted but not otherwise owed to FINLUX or FINLUX Partners, unless prohibited by applicable laws or regulations or by order of law enforcement or governmental authority, or FINLUX believes you have committed fraud, negligence or other misconduct; and/or (d) FINLUX may take such other steps as FINLUX deems necessary or desirable to protect its own interests. We are not and shall not be responsible or liable for any loss or damages incurred as a result of or arising from any actions taken under this section.
17. Discontinuance of Services
We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, all or any portion of our FINLUX Services, which may include prohibiting use of the FINLUX Services in or from certain jurisdictions.
Unless FINLUX notifies you or makes a public statement to the contrary, FINLUX does not support digital wallets or any platforms that are not provided by our FINLUX Partners and shall have no responsibility or liability whatsoever for any losses or damages any order executed by you with said digital wallets and/or platforms.
18. Disclaimer of Warranties
18.1. Except as expressly provided to the contrary in a writing by us, our services are provided on an “As is” and “As available” basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to our services, including the information, content and materials contained therein, to the fullest extent permitted by applicable laws.
18.2. You acknowledge that information you store or transfer through our services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third party providers, internet outages, force majeure event or other disasters including third party Distributed Denial of Service attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our FINLUX Services.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the disclaimers in this section may not apply to you.
19. Limitation of Liability
19.1. Except as otherwise required by law, in no event shall FINLUX (or FINLUX Partners where applicable), our directors, officers, members, employees, agents or contractors be liable for any special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use our FINLUX Services or the Materials, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from FINLUX or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft of, destruction of or unauthorized access to our records, programs or services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
19.2. To the maximum extent permitted by applicable law, in no event shall the aggregate liability of FINLUX (or FINLUX Partners where applicable) (including our directors, officers, members, employees and agents), whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of, or inability to use the FINLUX Services, FINLUX or to these Terms exceed the fees paid by you to FINLUX during the 12 months immediately preceding the date of any claim giving rise to such liability.
19.3. We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any Digital Tokens that you may purchase. We are not responsible for ensuring that our FINLUX Partners will complete an order or transaction or is authorised to do so. If you experience a problem with any Digital Tokens or FINLUX Services purchased using the FINLUX Services, or if you have a dispute with our FINLUX Partner, you should resolve the dispute directly with our FINLUX Partners.
20. Indemnity
You agree to defend, indemnify and hold harmless FINLUX (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our FINLUX Services; (b) any Feedback you provide; (c) your violation of these Terms or any agreement incorporated by reference in these Terms; and/or (d) your violation of any rights of any other person or entity or of any laws and regulations including but not limited to anti-money laundering and countering the financing of terrorism laws and regulations. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
21. Applicable Law and Disputes Resolution
Please read the following paragraph carefully because it requires you to settle disputes with us and it limits the manner in which you can seek relief.
You and FINLUX agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to FINLUX shall be sent to the respective contact details on our website. You and FINLUX further agree that you and FINLUX shall spend not less than three (3) months on full communication, consultation or mediation before either party submits the disputes in question for litigation. If no settlement can be reached through consultation, the litigation shall be under the jurisdiction of the court located in the place where the plaintiff has his/her/its domicile.
These Terms shall be governed by and construed in accordance with the laws of Australia. This arbitration agreement is subject to the laws of the Hong Kong Administrative Region of People’s Republic of China.
22. Miscellaneous
22.1. Entire Agreement; Order of Precedence.
These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with FINLUX Services for the FINLUX Services . In the event of any conflict between these Terms and any other agreement you may have with FINLUX , the terms of that other agreement will prevail only if these Terms are specifically identified and declared to be overridden by such other agreement.
22.2. Third Party Rights
A person who is not a party to these Terms has no right to enforce any term of these Terms.
22.3. Amendment
We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending an email, providing notice on the homepage of our website and/or by posting the amended Terms via the applicable websites and mobile applications and updating the “Last Updated” date at the top of these Terms. The amended Terms will be deemed effective immediately upon posting for any new users of the Services. In all other cases, the amended Terms will become effective for preexisting users upon the earlier of either: (i) the date users click or press a button to accept such changes, or (ii) continued use of our FINLUX Services 30 days after we provide notice of such changes. Any amended Terms will apply prospectively to use of the Services after such changes become effective in accordance with these Terms. If you do not agree to any amended Terms, you must discontinue using our FINLUX Services and contact us to terminate your account.
22.4. Waiver
Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
22.5. Severability
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
22.6. Force Majeure Events
FINLUX shall not be liable for (1) any inaccuracy, error, failure, delay in, or omission of (i) any information, (ii) the transmission or delivery of information, or (iii) carrying out its obligations under these Terms; (2) any loss or damage in any and all cases arising from any event beyond FINLUX ’s reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, terrorist attacks, market failure or disruption, telecommunications or network breakdown or disruption, communications, power failure, attacks on the security, integrity or operation of Digital Tokens, the FINLUX Services, FINLUX Accounts, FINLUX Partner Platforms, Digital Token Accounts or equipment or software malfunction or any other cause beyond our reasonable control (each, a “Force Majeure Event”).
22.7. Assignment
You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from FINLUX , including by operation of law or in connection with any change of control. FINLUX may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
22.8. Headings
Headings of sections are for convenience only and shall not be used to limit or construe such sections.
22.9. Governing language and translations
These Terms, the Privacy Policy, and other agreements or communications notified through the Services have been drafted in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereof, the English language version of such documents shall govern and prevail.
22.10. Survival
Sections 2 (Eligibility), Section 3 (FINLUX Account), Section 8 (Risk Disclosure), Section 9 (Fees), Section 11 (Unclaimed Property), Section 13 (Feedback), Section 14 (Copyrights and other Intellectual Property Rights), Section 15 (Third-Party Content), Section 18 (Disclaimer of Warranties), Section 19 (Limitation of Liability); Section 20 (Indemnity), Section 21 (Applicable Law; Arbitration) and this Section 22 (Miscellaneous) shall survive any termination or expiration of these Terms.