Terms of Service
Preamble LUXEARN PROPRIETARY LTD cannot be sued under any circumstances with regards to any possible and/or negative consequences, results and outcome arising from any business activities carried out independently by an individual, which could be related to investing, speculative exchange transactions, financial transactions (including intermediary transactions), and other activities.
LUXEARN PROPRIETARY LTD is not an insurance company and therefore cannot and does not provide insurance services and intermediary insurance services of any type and in any form. The company also does not provide insurance guarantees of any form of ownership and/or property guarantees.
Prerequisites for agreement Company: Australian company LUXEARN PROPRIETARY LTD, located at: 95 Pitt St, Sydney NSW 2000, Australia, ACN: 622 973 960.
Investor: An individual who has reached legal age in accordance with the laws of the person’s country of residence, but not less than 18 years of age.
Website or site: An array of related data and databases, combined and implemented for the established order of access and use, hosted at www.luxearn.com
Parties: Company and Investor jointly.
Party: Company or Investor separately.
Third parties: Any physical and/or legal entities that are not Parties.
Personal Account: Part of the website that is password-protected and allocated by the company to the investor.
Investor’s wallet/purse: Payment data used by the investor to deposit funds in the company and/or to receive payouts from the company in accordance with the use of a particular electronic payment system accepted for investments by the company.
Investments, Investing, Investment plans, Deposit: ways of depositing money by the investor via his Personal Account with the aim of receiving profit declared by the company.
Earnings: the amount of profit expressed in percentages, depending on the selected investment plan and investment amount. It becomes available for withdrawal to the investor’s wallet/purse in accordance with the terms of his deposit.
Gain Profit: a method of placing investments in which earnings and the deposit amount itself cannot be withdrawn to the investor’s wallet/purse until the term of that investment plan expires. It is expressed in percentages and is always 100%.
Password, Authorization data: a combination of unique username and password used by the Investor to log into his Personal Account. The investor creates them when registering his Personal Account.
Referral reward/referral fee/referral commission: the amount of money from the deposit of a referral credited to the account balance of the investor (in accordance with the Rules of the Affiliate Program) that created the affiliate structure, which also includes the referral that created this particular deposit.
Rules: Terms of Service. All definitions, as well as words associated with these definitions can be used in the plural, based on the context of the text below. Their meaning should be considered as the original word in the singular form and vice versa, unless otherwise specified.
In view of the fact that the Parties accept this Terms of Service voluntarily and that the investor has the appropriate competent powers (confirmed by creation of a Personal Account) at the time of acceptance, the Parties agree and accept the following Terms.
- Paragraph 1. General Provisions
- 1.1 This Terms of Service is a contract publicly and voluntarily entered into by and between the LUXEARN PROPRIETARY LTD (company) and the investor. In accordance with the laws of Australia, and based on international law and international legal norms, this Terms govern all the processes involved in using the Website of the company, as well as other processes of cooperation stipulated by this Terms, the procedure for interaction between the company and the investor, and also regulate the conditions of financial and investment relationships that arise and/or may arise between the company and the investor within and in accordance with this Terms.
- 1.2 To become an investor, any individual from any country in the world is required to create a Personal Account by registering on the company’s website.
- 1.3 Creating a Personal Account means that the investor has accepted the Terms of Service in its entirety “as is”. By creating a Personal Account, the investor also confirms that special provisions and/or conditions that are contrary to this Terms cannot be applied.
- 1.4 By creating a Personal Account and using the company’s investment plans, the investor confirms that he will be using only cash funds that are indisputably owned by him personally for investment. Besides, the investor confirms that performance of any actions, including investing is exclusively voluntary and based on the investor’s personal, own initiative. In addition and in connection with the foregoing conditions of this clause (1.4) of Paragraph 1 of the Terms of Service, the investor agrees that he or she cannot institute a suit against the company, or file claims under any circumstances, including as a result of negative investment results that led to complete loss, partial loss, drawdown in exchange rates, loss of expected benefits, partially or completely.
- 1.5 Without prior warning to and agreement with the investor, the Company may change any clause (section) and/or paragraph hereof at any time, guided by considerations of safety for LUXEARN PROPRIETARY LTD, guided by the financial and information safety of the company’s investors, and also for the purpose of maintaining complete confidentiality of the process of cooperation and interaction.
- Paragraph 2. Rights & Obligations
- 2.1 The company undertakes to make the website available to the investor for uninterrupted use within the technical capabilities of third parties (Internet service providers, power suppliers, communication services, hosting providers, and others).
- 2.3 The company undertakes to ensure the highest (at this stage of development of the relevant technologies) possible level of security for data exchange, data and information transmission channels, as well as undertakes to take systematic steps towards modernizing and improving the site’s properties aimed at countering DDoS attacks and other undesirable (aggressive) impacts on the site from third parties and/or investor.
- 2.4 The company undertakes to provide the declared returns for all deposits in accordance with the Terms of Service that was in force at the time the deposit was created by the investor.
- 2.5 The investor confirms that he is aware that transfer (voluntary or involuntary) of information to third parties, loss, public disclosure or incomplete restoration of authorization data could lead to irreversible negative consequences that affects the integrity and efficiency of the investor’s Personal Account, as well as the safety of money in the balance of this Personal Account at that moment. The investor confirms that the company, in all the above-listed cases and other cases, will not be liable to the investor for any consequences or related issues arising from the cases.
- 2.6 The investor undertakes not to use spam messages and technologies aimed at spreading spam messages to other investors;
The investor undertakes not to use spam on the site;
The investor undertakes not to use spam, viruses, Trojans and other (any and in any combination of use) malicious programs on the site, its databases, Personal Accounts of investors under any circumstances.
- 2.7 The investor undertakes to show courtesy, loyalty, objectivity, tolerance and moral balance while dealing with the company and with other investors both independently and under parity conditions with the company as an acting Party. As a consequence and condition, the investor agrees that all disputes shall be considered and resolved only through negotiations on a parity basis until such disagreements and disputes have been fully settled.
- 2.8 The investor undertakes to provide the company only with relevant personal data and information about his payment details, including but not limited to wallet/purse numbers and other personal information (if required in the process of interaction).
- 2.9 The investor confirms that his investing activities are performed voluntarily;
The investor confirms his own knowledge of the fact that investing is carried out on the basis of trust management of the investor’s funds transferred to the company;
The investor confirms and gives his own inalienable consent (valid for the entire validity period of any deposit) to the fact that from the time the deposit is created, the Company may manage his funds in this deposit at its own discretion.
- 2.10 The investor may use all the systems and options of the site;
The investor has the right to investing;
The investor has the right to access all the features of his Personal Account, as well as other features provided by the site.
The investor has the right to use the career opportunities provided and implemented by the company via the Affiliate Program and Representatives Program, which are exhaustively outlined on the site in the relevant sections.
- 2.11 The Parties have agreed that the entire range of cooperation regulated by this Terms of Service and all sections of the site is a private transaction and is not subject to disclosure under any circumstances.
- 2.12 The company may provide the investor with information, consulting and marketing services. These services are not a call to action, but are only for informational purposes.
- Paragraph 3. Financial transactions. “Gain Profit”.
- 3.1 The Investor cannot withdraw cash held on an active deposit until the term of that deposit ends.
- 3.2 All financial transactions on a particular deposit are executed subject to compliance with the currency that was used when the Investor created the deposit. The investor confirms that funds from a deposit, as well as referral reward, can be withdrawn only to the same electronic payment system that was used by the Investor or referral (for referral reward) when creating that deposit.
- 3.3 The investor confirms that a referral reward for a deposit made by a referral using his account balance will not be paid.
- 3.4 The investor may create more than one Personal Account using the same device (computer, IP address), but not limited to this list only.
The investor undertakes to create all his Personal Accounts without an internal referral link that allows him to claim unreasonably high profits and other privileges and benefits.
- 3.5 The investor confirms that he is aware that he cannot edit, add and/or correct data provided by him during creation of his Personal Account.
- 3.6 The investor confirms that he is aware that he cannot change his investment plan after the relevant deposit has been created (activated).
- 3.7 The investor confirms that he is aware that some investment plans use the “Gain Profit” investment regime, which cannot be disabled until the deposit term ends.
- 3.8 The investor confirms his knowledge that:
When using group of investment plans “BUSINESS”, “ROYAL”, “MAXIMUM” and “EXCLUSIVE”, 100% “Gain Profit” will be certainly and automatically applied to them. In this case, both the investment amount and earnings automatically reinvested in full for any such deposit can be withdrawn to the investor’s wallet/purse only after the term of the deposit has ended;
When using investment plan ORDINARY, the investor may decide to apply the “Gain Profit” investment regime. In this case, the value of the Gain Profit is regulated by the investor himself. The step for changing the “Gain Profit” value is fixed at 25%. Earnings on any such deposit can be reinvested into the “Gain Profit” set by the investor and can be withdrawn to the investor’s wallet/purse only after the term of the deposit has ended; When using investment plan “VIP”, the “Gain Profit” investment regime does not apply.
- 3.9 The investor confirms that prior to commencement of investment, he acquainted himself with the terms and conditions of the investment for any particular deposit and accepted them voluntarily and irrevocably.
- 3.10 The investor agrees with the fact that after the creation of the deposit, all funds invested by investor become the property of the Company. The company has the full right to dispose of the investor's funds at its own discretion, and investor agrees that the Company has the right to refuse to pay the interest or principal deposit to investor, in whole or in part, without explaining the reasons.
- Paragraph 4. Affiliate Program Terms and Conditions
- 4.1 The Affiliate Program is available only for the investor.
- 4.2 The company may change the Affiliate Program terms and conditions at any time without prior agreement.
- 4.3 If the investor’s referral used funds from his Personal Account to invest, the investor will receive no referral reward.
- 4.4 The investor may use funds from his Personal Account at his discretion, including for investing
- 4.5 Referral reward for deposit is calculated automatically in the currency of that electronic payment system used by the investor’s referral to create that particular deposit.
- 4.6 The investor may receive statuses under the Representatives Program provided he fulfills the relevant conditions and applies for that status.
- Paragraph 5. Disclaimer
- 5.1 The company is not liable for any failures and/or errors, and/or temporary unavailability of certain parts of the Website and/or the entire Website, if these circumstances result from force majeure events or factors that cannot be objectively controlled by the Company and affiliated third parties.
- 5.2 The Company is not liable for any information posted on the Website that is misused by the Investor, as the content of the Website is provided by the Company solely for informational purposes and is not a call to any action.
- 5.3 The company is not liable for any negative consequences in the event that the investor fails to provide or intentionally or unintentionally provides incorrect, incomplete, inaccurate payment information when creating his Personal Account.
- 5.4 The company is not liable for any negative consequences in the event that the electronic payment systems used by the investor malfunctions in performing any financial transactions.
- 5.5 The company is not liable for the negative consequences arising (according to the opinion of the parties and/or a party) from the investor’s use of functions and content of the website and/or the Personal Account options.
- Paragraph 6. Final provisions
- 6.1 The investor confirms that he is aware that investing cannot guarantee and does not guarantee a positive outcome for the Parties in the future, irrespective of past stable results and/or presently demonstrated positive results.
- 6.2 The company may stop, partially stop or impose a moratorium on provision of services to any extent for any period should section 5.1 of Paragraph 5 hereof enter into force.
- 6.3 All changes, additions and corrections to this Terms of Service come into force once they have been actually introduced into the Terms of Service or into the website content.
- 6.4 All sections (pages) of the website are equivalent to and asymmetrically align with this Terms of Service;