Terms and conditions

Introduction

By accessing and using our website www.luxconsulting.org or any affiliated websites of Lux Consulting LLC, registered and incorporated in Dubai  or any associated entity (referred to as “we”, “us”,  “the website”, “www.Luxconsulting.org”, “Lux Consulting” or “the company”), you agree to be bound by and abide by the following terms and conditions. Your access to and use of the website is also subject to our Privacy Policy.

These terms and conditions (“T&C”) apply to all transactions carried out on this website and any other affiliated websites. Do not use the website or any services if you do not agree with any of these Terms and Conditions.

Prior to registering with us, you should review the terms and conditions as they may be updated from time to time. Continued use of this website and services means that you agree to our new and existing T&C.

This policy is applicable to all the present as well as prospective Users who use or wish to use our Services through proper registration. It lays down the procedure that Lux Consulting follows to collect information and maintain a record of all Users. It is the duty of the User to comply with all Policies in order to ensure that it does not abuse the relationship with Lux Consulting for any illegal purposes, including money laundering or other financial crimes. Any action, including those that might not have been foreseen and included in this policy, that has the effect of the abuse as contemplated above shall be restricted under this policy.

Lux Consulting reserves the right to decline its services, at its discretion, with present as well as prospective Users at all times. It is the discretion of Lux COnsulting to suspend or terminate any action in favor of the User until a reasonable and satisfactory explanation with supporting documents is provided, on suspicion of the User abusing the relationship as contemplated above.

• Disclaimer

When purchasing any service through the website or an Authorised Representative the Buyer agrees that (a) he or she is over 18 years of age, have your parent or guardian’s consent to these Terms, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws, applicable upon you or Lux Consulting.

You must check your local jurisdiction laws as might be applicable before buying any services and only enter into such transaction if you are allowed to do so! Lux Consulting assumes that it is legal for you to enter into a transaction and you have reviewed the Terms and Conditions and agree to all applicable terms.

Actions with Cryptocurrencies carry inherent risks. Due to the fact that Cryptocurrencies are unregulated and decentralised, their value is not insured by any legal entities. The value of any Contract, any amount of any Cryptocurrency is subject to change as per the market conditions. These factors include but are not limited to changes of mining difficulty and/or other mining parameters/properties, fluctuating price of Cryptocurrencies, obsolescence of hardware and amortisation of hardware. You understand and agree that the worth of any Contract and any amount of managed Cryptocurrency may lose all worth at any moment of time due to the nature of Cryptocurrencies. You understand that you are solely responsible for management of the Cryptocurrencies in your balance as well as any losses or charges incurred by any third-party entity such as Lux Consulting or any other organisation.

Any information or content that is/was posted, published and/or provided via any channel of communication (including but not limited to: on the Website, in the Panel, via the Support Service, via Email newsletter, in social media) is subject to change without notice.

The User must not buy, sell, exchange, hold, own or otherwise use or exploit Cryptocurrencies in any way which is prohibited by the laws or regulations which apply to the User.

Cryptocurrencies may not be appropriate for everyone. Before entering into any transactions for any Cryptocurrencies the User should learn about them to ensure that they are appropriate for the User. Like all currencies, there are disadvantages to using Cryptocurrencies. Some of the risks particular to Cryptocurrencies include:

• currency fluctuation – the price of Cryptocurrency and/or any other Cryptocurrency may fall sharply and may even fall to zero;
• transactions with Cryptocurrencies may be unconfirmed for a period of time. Although very unlikely, some Cryptocurrency transactions may never be confirmed – Cryptocurrency transactions which are unconfirmed are not completed;
• transactions with Cryptocurrencies – if you send any amount of any Cryptocurrency to the wrong person, you may be unable to recover those funds;
• Cryptocurrencies may be lost if you lose or forget any PINs or passwords necessary to access and spend those Cryptocurrencies;
• unknown or exploited technical defects inherent in Cryptocurrencies; and
• new regulation which impacts the use and legality of Cryptocurrencies.

By agreeing to these terms of service by using the Service, you are indicating that you understand, are capable of understanding and accept the risks associated with Cryptocurrencies.

• Definitions

“Cryptocurrency” is a peer-to-peer payment system and a digital currency using cryptography to control the creation and transfer of money. For your better understanding, more about Cryptocurrency can be found here: http://en.wikipedia.org/wiki/Cryptocurrency

“Lux Consulting’s computer systems” are the software and hardware operated and maintained by Lux Consulting to provide the Services.

“KYC” or “Know Your Client/Customer” rules force financial institutions to vet the people they are doing business with, ensuring that they are legitimate.

“Support” or “Customer Support” is the technical support service of Lux Consulting that is available where Users can find answers to general questions and request assistance by submitting a request; Customer support is also reachable at the following email address support@luxconsulting.org

“Transaction” is an agreement between the Buyer and Lux Consulting to purchase a service at an agreed rate.

“Price” means the price for which the Buyer agrees to purchase the service.

“Transaction Price” is the total price comprising the Price payable to the Lux Consulting for a service.

Lux Consulting has limited operating history or performance.

• SwissCryp and its managers or advisors may rely on the management expertise and experience of third-party managers or advisors, the identity of which remains confidential and anonymous in line with our confidentiality clauses with such parties and or individuals.
• The services may involve a complex tax structure, which should be reviewed carefully, and may involve structures or strategies that may cause delays in important tax information being sent to Users.

Scope of Service:

• Management Services

(a) The Buyer agrees to pay to Lux Consulting the Transaction Price;

(b) Lux Consulting agrees to use its best endeavours for as well manual efforts as to operate its computer systems applying the actions on behalf of the Buyer;

(c) the Buyer agrees that Lux Consulting’s computer systems are operated at the sole discretion of Lux Consulting;

(d) the Buyer is not required to pay any registration fee/entry fee or any other fee for mere access to the website;

• Process of purchasing a service

The Buyer accepts the Transaction Price, Price offered by Lux Consulting upon submitting a valid purchase request via an authorised representative or via the website.

By submitting such a purchase request, payment will be processed and the Transaction is binding upon you. Please make sure that all your data is correct.

That Lux Consulting shall provide/entitle the Buyer to return services purchased by the Buyer within a period of 8 business days from the date of such purchase.

Also, it is your responsibility to ensure that your email communication is safe and protected against third party access and Lux Consulting shall not be held liable for an error or lapse in the safety of your email account and a breach therein.

It is possible that the laws in the country where the User resides and/or accesses the website and Services do not allow the usage of an online tool or any of its features. Lux Consulting does not encourage or accept the violation of any laws and cannot be held responsible for violation of such laws. It is the duty and responsibility of the User to follow the laws of the country of residence. As long as you agree to and comply with these Terms of Use, Lux Consulting grants you a personal, non-exclusive, non-transferable, non-sublicensable, and limited right to enter and use the website and Services.

Scope of Business Excluded

• Payout services – Lux Consulting does NOT provide payout services.
• Transfer services-Lux Consulting does NOT provide money transfer services for remittance purposes.
• Wallet App services-Lux Consulting does NOT provide Wallet App services to payers or payees and/or services of a similar nature.
• Payment System services-Lux Consulting does NOT provide payment system accounts to payers or payees and/or services of a similar nature.
• Escrow services -Lux Consulting does NOT provide escrow services.
• Lux Consulting shall not be responsible for any overpayment or loss of money through human error at user end.
• Lux Consulting shall not be responsible for any restriction by the bank.
• Lux Consulting shall not be responsible for any law that does not allow making purchases with us as per your local jurisdiction.

 

• Eligibility to enter into a Contract –

That all agreements entered into shall be in accordance the requirements of entering into a Contract in the respective Contracting States which generally state that all agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not expressly declared to be void. Nothing herein contained shall affect any law in force applicable to either Parties, by which any contract is required to be made in writing or in the presence of witnesses, or any law relating to the registration of documents.

 

• Personal Account

In order to purchase a service, the user will obtain or create a personal account withLux Consulting providing –

• his or her name,
• address,
• KYC information,
• email address,
• phone number,
• mail address,
• userID and
• a password.

Creating a personal account is free of charge, however you have to acknowledge the terms and conditions.

Your username can not be changed once created. The user must ensure that the username and password are kept confidential at all times and the same is protected.

In case of misuse or abuse of the website, the services or of a User’s account,Lux Consulting reserves the right to disable your personal account. Lux Consulting will record the actions taken pursuant to the Buyer’s Contract, in the Buyer’s personal or mutualised account from time to time and shall ensure that the amount produced remains under the permissible limit. WhileLux Consulting will use its best efforts to ensure such records are accurate and up to date,Lux Consulting makes no guarantee as to the accuracy of any such records and reserves the absolute right at its sole discretion to vary, correct or alter such records and the Buyer has no right whatsoever to the results recorded on the Buyer’s personal account from time to time.

• Information We Collect –

Lux Consulting is also required to keep full records of all transactions and transfers together with identification provided and constantly monitor any unusual or suspicious transactions of any size.

Lux Consulting collects the following basic information from its customers for its records:

1. First Name
2. Last Name
3. Residential Address
4. Copy of ID or passport
5. Proof of residence
6. Contact Number
7. Email Address
8. Picture of Permanent Account Number (PAN) Card as relevant
9. Bank Details

By using our services you will need to identify yourself and Lux Consulting shall ask you to confirm your identity or other personal details before we commence any services.

• Login

We will not be responsible for any wrong, fraud, astray, false or incomplete information provided by you. While creating the account, make sure you use a username that is easy to use and password that is complicated that can not be easily traced. Lux Consulting will record the amount of activities and results pursuant to the actions taken on behalf of the Bueer, in the Buyer’s personal account from time to time. WhileLux Consulting will use its best efforts to ensure such records are accurate and up to date,Lux Consulting makes no guarantee as to the accuracy of any such records and reserves the absolute right at its sole discretion to vary, correct or alter such records and the Buyer has no absolute right to the amount recorded on the Buyer’s personal account information from time to time.

Lux Consulting appoints as it deems relevant a competent employee or contractor as an AML and KYC Policy Compliance Person who reviews and updates the KYC and AML Policy to ensure compliance with all relevant and applicable legislation, regulations and recommendations and monitor compliance of KYC and AML Policy. Lux Consulting employees could be trained to identify and take action on suspicious transactions and make regular internal reports on such suspicious transactions, if any. Lux Consulting regularly inspects the transactions done through its systems and would report them to relevant supervisory and/or law enforcement authorities. Lux Consulting reserves the right to determine suspicious and unusual transactions that result into abuse of the relationship with Lux Consulting.

• Changes to KYC and AML Policy

Lux Consulting reserves the right to change, amend, alter or delete some or all parts of this KYC and AML Policy, include new procedure and exclude existing procedures in this KYC and AML Policy. It is the duty of the User to keep updated and comply at all times with the KYC and AML Policy as and when updated.

• User Obligations

The User warrants that he or she will only use the website in accordance with the purpose of the offered service and solely based on the T&Cs. The User further agrees that he or she has the authority and means to enter a transaction. Furthermore, the User warrants that he or she is the legitimate owner of the monetary sums he or she intends to spend and that he or she does not infringe the rights of any third party or applicable law.

In addition, the User agrees not to use the website or the services, either directly or indirectly for any kind of illegal activity such as money laundering, terrorism financing or negatively affecting the performance. The User is prohibited to use or copy any of the information or contents of this or any other affiliated websites and use such information for any purpose whatsoever. The User is prohibited to send spam or distribute any other material through the website. The User is prohibited from distributing any illegal material through the website or use the website in any other way than as intended byLux Consulting.

The User must not collect any data from this website or its users without prior written permission by Lux Consulting. The User must not use anonymous networks such as TOR and or any VPN clients to access our website.

Any misuse of our services based on these T&Cs will result in the seizure of the of the services and potential sanctions at the sole discretion of Lux Consulting and or as stipulated in the contract or description of services and conditions.

• Security

Users are responsible for maintaining the confidentiality for and integrity of their information. The user must notify Lux Consulting immediately if the user’s information has changed or if there is any other change, loss, fraud or suspicion about the user’s information. Lux Consulting shall not be liable for any lost or abused or misused wallet information, hacked wallet accounts or any loss arising  as a result including by theft or fraud.

We closely observe any activities that might relate to money laundering or illegal activities. Lux Consulting reserves the right to share users’ information with third parties to ensure intended operations of the website and its security.

Lux Consulting is not liable for any damages incurred as a result of sending emails through the Internet. Emails should only be sent in encrypted format.

Lux Consulting is attentive in maintaining the security of the site and its services. By registering with us, Users agree to provide Lux Consulting with current, accurate, and complete information as prompted by the registration process, and to keep such information updated. Users further agree that they will not access or use any account type (and/or profile type) other than their own at any time, or assist others in obtaining unauthorized access.

Lux Consulting is not responsible for losses suffered by users.

Any information related to Buy and Sell, or any investment or participation advice should not be interpreted as such.

• Intellectual Property and Linking

Lux Consulting owns all intellectual property rights on this and all its affiliated websites. Lux Consulting has not reviewed all of the sites linked to the website and is not responsible for the contents of any such linked site. The inclusion of any third party links does not imply endorsement by our company of the site. Use of any such linked web site is at the user’s own risk.

• Due Diligence

Lux Consulting applies our due diligence standards on every transaction we perform. The beneficial owners (Know-Your-Customer rules, KYC) are identified accordingly.

The User authorizes Lux Consulting, directly or through third parties, to make any inquiries the Lux Consulting considers necessary to verify the User’s identity and/or other information.

• Liability

Lux Consulting does not offer any legal, financial, insurance, tax, investment or associated advice. All transactions made are the sole responsibility of the User considering his or her personal circumstances. We do not recommend anything available on the website.

Lux Consulting is not responsible for any loss suffered by the user. Information such as spot prices, buy and sell prices, and the rate of production, whether on the website or at other, non affiliated platforms are for information only and is not investment advice in any form and should not be construed as such.

The service on our website is only offered informative to facilitate transaction relating to Cryptocurrencies for use in international trade which is not regulated.

In no event shall Lux Consulting or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the website or ur services, or any part of it, even if Lux Consulting or an authorised representative or a Buyer has been notified orally or in writing of the possibility of such damage.

Since some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. In case the applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, our liability will be limited to the fullest extent permitted by applicable law.

Without limiting the previous paragraph and except as required by, we will not be liable (including in negligence) for any loss of profits, loss of revenue, or any direct, indirect or consequential loss or damage, incurred by or awarded against you or any other person arising directly or indirectly from your use of the website or purchase of a service; or any cost, loss, liability or expense arising from death, personal injury or damage to property resulting directly or indirectly from your use of our service including purchase of a service.

Furthermore, we cannot be held liable for any malfunction, breakdown, delay or interruption to the Internet connection, or if for any reason our website is unavailable at any time or for any period. We also cannot be held liable for any incorrect or altered information from third parties displayed on our website.

In the case of fraud, we will report all necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the law.

We give no other warranty in connection with the Website or the Service and we disclaim all liability for:

• the accuracy, currency or validity of information and material contained within and/or provided by the Website, the Panel, the Support Service, in email newsletters and social media or any other source of information;
• any change in the exchange rate of Cryptocurrencies or any other Cruptocurrency related information;
• any change in the difficulty of hash rate or production efficiency;
• any changes in applicable law or regulation, or the acts of any legislator or regulator in any part of the world;
• any interruptions to or error of the Website or the Service or other communications network;
• the infringement by any other person of any copyright or other intellectual property rights of any third party through any User Content or use of the Website or the Service;
• the availability, quality, content or nature of External Sites;
• any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by any other person accessing, using or downloading the Website, the Service or any User Content or wallets; and
• all representations, warranties, conditions and other terms and conditions which, but for this notice, would have effect.

We will not be liable in any amount for failure to perform any obligation under these terms of service if that failure is caused by the occurrence of an event beyond our reasonable control.

Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.

To the maximum extent permitted by law, we exclude liability for any losses or damages which you may suffer, whether the same are suffered directly or indirectly or are immediate or consequential, which fall within any of the following categories:

• special damage even though that party was aware of the circumstances in which such special damage could arise;
• loss of anticipated savings;
• loss of business opportunity and management time;
• loss of goodwill;
• loss of Cryptocurrency arising as a result of any of your acts or omissions of those of any third party;

loss arising out of or in connection with:

• any defect or insecurity in any systems you use to store or transmit Cryptocurrency or to access or use the Website or the Service;
• any inaccurate or incomplete information you provide;
• any changes to the amount of Cryptocurrency awarded or earned or produced;
• any changes to the regulatory, legislative or technical environment applicable to Cryptocurrencies;
• the acts or omissions of any bank or provider of banking services; or
• any change in the value of Cryptocurrency.

To the maximum extent permitted by law, our aggregate liability in respect of any claims made in connection with or arising out of the use of the Website or the Service (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for direct losses will be limited to the onboarding fees charged by Lux Consulting if any.

You agree not to use the Website or the Service in any way which:

• is unlawful;
• may give rise to civil or criminal liability for Lux Consulting ; or
• may bring Lux Consulting into disrepute.

The User hereby agrees to indemnify, defend and hold us and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including reasonable legal fees) incurred by the Indemnified Parties in connection with any claim arising out of:

• any fraud or fraudulent misrepresentation you commit;
• any inaccuracy or defect of any of the information you have provided to us;
• any breach of applicable law or regulation you commit;
• any other person’s use of your Account;
• any breach by you of these terms of service; and
• third party claims arising from your use of the Website or the Service, any of Your Content or any use of your Account (whether or not such use was by you).

The User shall cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

• As Is As Available

The materials on our website and all other materials on any other channel or provided through an authorised representative are provided on an “as is” and “as available” basis. Lux Consulting makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties and or promises including without limitation, implied warranties or conditions of merchantability, profitability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on our website or otherwise relating to such materials or on any sites linked to this website. The materials appearing on Lux Consulting could include technical, typographical, or photographic errors. We may make changes to the materials contained on the web site at any time without notice. We do not, however, make any commitment to update the materials.

• Termination or suspension

Lux Consulting may immediately terminate any agreement if the user breaches any of the clauses mentioned in our terms and conditions.

In addition we reserve the right to take legal action against the user and suspend access to the website and our services and apply other additional sanctions as contractually agreed. Therefore, we may block computers using user’s IP address from accessing our website. We may contact your Internet service provider and take such measures to block you from accessing our website and services. In addition, we may take legal action against you and recover the costs of the same from you. If you try to use the website for illegal activities, violate any of these terms or fail to pay for your transaction or any fraud related to that, we also reserve the right to cancel transactions that are not paid for or not confirmed.

We can stop supplying our service at any time without notice to you, and we reserve the right to refuse to supply the service to any person for any reason, especially if the user registers or submits a purchase under false identity or with wrong personal information, including email address, interferes with any of the company’s operations or uses language that we consider is unacceptable including vulgar, racist, sexual or offensive language.

 

• Amendment, assignment, and governing law

We can assign our various rights under this agreement to any other person without asking your permission. Your rights are personal and not assignable.

The laws of the Dubai and International Commercial Law govern these terms and conditions, without regard to its conflict of law provisions, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts to resolve any dispute that arises as a result of or in connection with this agreement.

These T&C are to be interpreted so that they comply with all applicable laws and if any provision does not comply then it must be read down so as to give it as much effect as possible however, if it is not possible to give that provision any effect at all then it is to be severed from this agreement in which case the remainder of this agreement will continue to have full force and effect.

 

• Dispute Resolution

Due to the nature of the services, any transaction conducted using Lux Consulting services is final regardless of any defects in or non-delivery of any goods or services purchased in connection with such digital transaction, or any other aspect of the User’s transaction.

The Relevant User is advised to use adequate care because Lux Consulting cannot reverse a transaction that has been communicated to and confirmed by the network.

If the User experiences a problem with any goods or services purchased from Lux Consulting in connection with using Lux Consulting ’s services, or if the User has a dispute with Lux Consulting , the User must handle it directly with Lux Consulting. Lux Consulting has no control over, or liability for, the delivery, quality, safety, or any other aspect of any goods or services that User may purchase from Lux Consulting .

• Contact us

Please contact us if you have questions or are not satisfied with anything.

E-Mail support@luxconsulting.org