PLEASE READ CAREFULLY THESE GENERAL TERMS AND CONDITIONS AS THEY AFFECT YOUR OBLIGATIONS AND LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO WAIVERS OF RIGHTS AND LIMITATION OF LIABILITY. IF YOU BUY ALUX TOKENS YOU ARE CLAIMING TO AGREE WITH THIS TERMS.
The following deﬁnitions mentioned throughout these Terms shall have the following meaning:
These are terms ('Terms') for selling ALUX tokens. If you have any questions about these Terms, contact us in our website: https://www.luxantdigitalbank.com/.
By making a contribution to LUX ANT DIGITAL, a limited liability company incorporated in accordance with the laws of Toledo, for the purpose of purchasing ALUX tokens ('ALUX') during the pre-sale period and / or sale of tokens, you agree to and are bound by these ALUX token sales Terms and all terms incorporated herein by reference.
Lux Ant Digital is a new generation of electronic banking that provides the user with multiple functionalities, using their own currency and blockchain, which will try to revolutionize the current market oﬀer. The development and launch of Lux Ant Digital is the initial and main purpose of the ALUX Tokens Sale.
Read the Terms carefully, and if you do not agree (even partially) with the Terms of the sale of ALUX tokens, do not make any contribution to the Company and do not buy the ALUX tokens.
ALUX tokens are not structured, sold or distributed as securities or any other form of investment product, therefore, none of the information presented in this document is intended to form the basis of an investment decision, and there are not speciﬁc recommendations. The Company expressly disclaims all liability for any loss or direct or consequential damage of any kind arising directly or indirectly from:
Contributions can only be made by individuals or any type of company entity that has extensive knowledge, experience and understanding in the cryptocurrency markets. If the collaborator does not meet these requirements, they should not participate in the Lux Ant Digital contribution by the purchase of ALUX tokens.
Your purchase of ALUX tokens from the Company is and will be subject to these Terms. The terms are an integral part of the agreement between the Company and each employee / buyer of ALUX tokens. For the purposes of the Terms, the Company and each collaborator / buyer ("Buyer") of the ALUX tokens is a party ("Party"), and the Company and the Buyer together - the parties ("Parties").
2.1. This Token Sale agreement ('Agreement') forms a legally binding contract between You and the LUX ANT DIGITAL SL that is a company created in Spain (the “Company” or “Lux Ant Digital SL”) and sets forth general rules and procedure ALUX Tokens Sale by Lux Ant Digital and their purchase by the Purchaser. This Agreement is inalienable part of Lux Ant Digital General Terms & Conditions of ALUX Tokens Sale that the Purchaser shall carefully read, understand and irrevocably accept. In terms not regulated by this Agreement (including but not limited to intellectual property rights, dispute resolution etc.), Lux Ant Digital General Terms & Conditions of ALUX Tokens Sale shall apply to the relationships that arise hereunder.
2.2. THIS AGREEMENT CERTIFIES that you (hereinafter, the "Buyer") by signing this contract and making a payment of Euros with the following equivalent: 0.12 $ for a 1 ALUX Token on the bank account number ES96 0182 6673 6402 0165 1559 or on the Ethereum wallet "0x42cee7dd9b47c2cee35ca996a712e8c99471d46f" and that by accepting these terms and conditions you will receive via invoice with all your data to make the purchase in your email during the Token Pre-Sale period.
2.3. The deﬁnitions set forth herein and mentioned with capital letter shall have the meaning as described in Lux Ant Digital General Terms & Conditions of ALUX Tokens Sale.
2.4. ALUX Token Sale period is the period of time from 01.09.2018 to 01.11.2018 during which the Company shall deliver to the Purchaser a number of ALUX Tokens equal to the Purchase Amount paid to the Company by Purchasers in the Token Sale.
2.5. ALUX Tokens are available for purchase to Purchasers who are eligible to enter to this agreement according to the clause 3 of Lux Ant Digital General Terms & Conditions of ALUX Tokens Sale (Purchasers) and clause 25 of this Agreement only during a limited ALUX Tokens Sale.
2.6. Lux Ant Digital’s publication on the Website of an oﬀer to sell ALUX Tokens to a number of Purchasers (potential Lux Ant Digital Token purchasers) is considered a legally binding oﬀer of Lux Ant Digital to sell ALUX Tokens (hereinafter referred to as the “Oﬀer”).
2.7. The Oﬀer shall be available only at the Website via speciﬁc form. Any other oﬀers concerning ALUX Tokens Sale presented on any other websites or internet resources shall be considered null and void and shall not put any obligations upon Lux Ant Digital.
2.8. The number of ALUX Tokens oﬀered for sale by Lux Ant Digital is limited.
2.9. Legally binding acceptance of the Oﬀer shall be conducted by a Purchaser by sending the Purchase Amount of ETH on the speciﬁc Smart-Contract address published on the Website and signing on the Website in the speciﬁc ﬁeld. By this action the respective Purchaser, agree that he fully read, understood and irrevocably accepted this ALUX Token Sale agreement. From this moment the Oﬀer shall be considered formally accepted by the respective Purchaser.
2.10. Oﬀer Acceptance shall be deemed irrevocable.
2.11. The ALUX Tokens shall be sent to the Purchaser’s personal respective cryptocurrency wallet.
2.12. To the extent allowable pursuant to Applicable Law, the purchase of the ALUX Tokens by the Purchaser from Lux Ant Digital is ﬁnal, and, thus, there are no refunds and/or cancellations.
2.13. Ownership rights for ALUX Tokens shall be transferred from Lux Ant Digital to the respective Purchaser upon completion of payment procedure by the Purchaser.
2.14. The proceeds received by Lux Ant Digital from the sale of ALUX Tokens to Purchaser shall only be deemed as proceeds received from sale of services, as ALUX Tokens are eventually designated to be used to recieve the right to access various services within the Lux Ant Digital Platform.
2.15. You expressly agree that the ALUX Tokens are not “securities”, they are not registered with any government entity as the securities, shall not be considered as such, are not intended to be commodity or any other kind of ﬁnancial instrument, do not represent any share, stake or security or equivalent rights, including, but not limited to, any right to receive future revenue shares and intellectual property rights
>2.16. By purchase of ALUX Tokens hereunder the Purchaser represents and warrants that his/her funds in no way came from illegal or unethical sources, that the Purchaser is not using any proceeds of criminal or illegal activity, and that no transaction involving ALUX Tokens are being used to facilitate any criminal or illegal activity.
2.17. The Purchaser is obliged to provide valid proves concerning legality of his/her proceeds used to purchase ALUX Tokens upon Lux Ant Digital’s request or request of bank institutions or government authorities.
2.18 By accepting this Agreement and by purchase of the ALUX Tokens, the Purchaser represents/warrants and accepts that there are certain risks associated with purchase of ALUX Tokens.
2.19. US citizens and residents declare that ALUX Token is a utility token(1). This product is not a digital currency, security, commodity or any other type of ﬁnancial instrument and has not been registered under the Securities Act, the securities laws of any state of the United States or the securities laws of any other country, including the securities laws of any jurisdiction in which a potential token holder is a resident.
2.20. The buyer also declares and guarantees that he is not a citizen or resident of a geographical area in which access or use of cryptocurrency or tokens is prohibited by law, decree, regulation, treaty or applicable administrative act. Lux Ant Digital reserves the right to refuse the sale of ALUX Tokens to any person that does not meet the criteria established above.
2.21. The Purchaser is only allowed to purchase ALUX Tokens if and by buying ALUX Tokens he (or she) covenants, represents, and warrants that he (or she) (under the Applicable Law and law of the country of Participant’s residence): o is of an age of majority to enter into this Agreement (at least 18 years of age), meets all other eligibility and residency requirements, and is fully able and legally competent to purchase ALUX Tokens, enter into agreement with Lux Ant Digital and in doing so will not violate any other agreement to which he (or she) is a party; o if he (she) is a corporation, governmental organization or other legal entity, he/she have the right, power and authority to enter into this agreement on behalf of the corporation, governmental organization or other legal entity and bind them to these Terms; o will not be using the ALUX Tokens for any illegal activity, including but not limited to money laundering and the ﬁnancing of terrorism-
2.22. ALUX Tokens are to be provided on an “as is” and “as available” basis and without any warranties of any kind, either expressed or implied. The Purchaser assume all responsibility and risk with respect to buying of any amount of the ALUX Tokens and their use. The Purchaser hereby expressly agrees that, to the maximum extent permitted by the Applicable Law, Lux Ant Digital does not accept any liability for any damage or loss, including loss of business, revenue, or proﬁts, or loss of or damage to data, equipment, or software (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise), resulting from any use of, or inability to use the Website or the material, information, software, facilities, services or content on the Website, as well as from purchasing of the ALUX Tokens, regardless of the basis, upon which the liability is claimed and even if Lux Ant Digital has been advised of the possibility of such loss or damage. The Purchaser understands and agrees that Lux Ant Digital shall not be held liable to and shall not accept any liability, obligation or responsibility whatsoever for any change of the value of the ALUX Tokens. The Purchaser understands and expressly agrees that Lux Ant Digital shall not guarantee in any way that the ALUX Tokens might be sold or transferred during or after Lux Ant Digital Token Sale. If Applicable Law does not allow all or any part of the above limitation of liability to apply to the Purchaser, the limitations will apply to the Purchaser only to the extent permitted bybthe Applicable Law. The Purchaser understands and agrees that it is his/her obligation to ensure compliance with any legislation relevant to his/her country of domicile concerning purchasing of the ALUX Tokens. Purchasing of the ALUX Tokens by the Purchaser in no way creates any exclusive relationship between the Purchaser and Lux Ant Digital, nor any partnership, joint venture, employment or agency.
The Buyer acknowledges and accepts that there are risks (including current and possible future risks) associated with the purchase, acquisition, ownership and use of ALUX tokens, as well as the use of the Lux Ant Digital platform, and therefore when purchasing ALUX chips the Buyer recognizes expressly and undertakes risks (including current and possible future risks), and the company expressly disclaims any liability for any of these risks:
3.1. Risk of losing access to ALUX tokens due to the loss of private keys / -s: a private key, or a combination of private keys, is necessary to control and get rid of the ALUX tokens stored in the Buyer's digital wallets. Consequently, the loss of the required private keys / -s associated with the Buyer's digital wallet / -s will result in the loss of all the ALUX tokens stored in those wallets. If a third party gains access to Buyer's private keys, including when accessing the login credentials of a hosted wallet service that Buyer uses, that third party may improperly take over the Buyer's ALUX tokens.
3.2. Risk of platform failure: the creation and issuance of ALUX tokens and the development of the Lux Ant Digital platform can be abandoned for several reasons, including lack of public interest, lack of funds, lack of commercial success or prospects. There is no guarantee that, even if the Lux Ant Digital Platform is fully or partially developed or implemented, the Buyer will receive any beneﬁt through the ALUX chips that the Buyer has.
3.3. Risks associated with Ethereum: Smart Contracts and underlying software applications and software platforms have not been tested and are under constant risk of several operational errors. Smart contracts and underlying software and software applications platforms can be exposed to attacks by hackers or other people, including, among others, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurﬁng and spooﬁng. There is no guarantee that the process of creating and distributing ALUX tokens is uninterrupted or error-free and there is an inherent risk that the software may contain defects, weaknesses, vulnerabilities, viruses or errors that may cause complete loss. of contributions and / or ALUX tokens. Any successful attack on software applications and software platforms could result in theft or loss of contributions or ALUX, adversely aﬀecting the ability to develop the Lux Ant Digital Platform and derive any use or functionality of ALUX tokens.
3.4. Risks associated with uncertain regulations and enforcement actions: regulatory actions may adversely aﬀect the Lux Ant Digital platform and ALUX tokens in diﬀerent ways and certain jurisdictions may apply existing regulations and / or introduce new regulations that address applications based on Blockchain technology , which may result in substantial modiﬁcations to the intelligent contract system and / or the Lux Ant Digital Platform, including its termination and the loss of ALUX to the Buyer or subsequent owner.
3.5. Tax Risks: The ﬁscal characterization of ALUX is not completely clear and homogeneous, therefore the buyer must seek his own tax advice in relation to the acquisition, storage, transfer and use of ALUX tokens, otherwise the buyer could suﬀer consequences adverse ﬁscal, ﬁnes and losses.
3.6. Risk of an unfavorable ﬂuctuation of the value in cryptocurrency: the Company intends to use the contributions received to ﬁnance the development of the Lux Ant Digital Platform and other related operating expenses. The contributions received can be converted to other cryptographic and ﬁduciary currencies. If the value of Ethereum or other currencies ﬂuctuates unfavorably during or after the Pre-Sale Sale Period, the Company may not ﬁnance the development, or may not maintain the Lux Ant Digital Platform in the manner and capacity planned.
3.7. Risk of dissolution of the Company or Platform: it is possible that, for any reason, including, among others, an unfavorable ﬂuctuation in the value of Ethereum or other cryptographic and ﬁduciary currencies, the decrease in the utility of ALUX due to the negative adoption of the Lux Ant Digital Platform, the regulatory requirements addressed, the failure of commercial relationships and / or intellectual property challenges, the Lux Ant Digital Platform may not be viable to operate and / or the Company and / or the Platform may be dissolved.
3.8. There may also be other risks associated with the acquisition, storage, transfer and use of ALUX tokens, Platform, its services, including those that may not be reasonably anticipated. These risks may materialize even more as unforeseen variations or combinations of the risks established in the Terms.
4.1. Subject to the expressly stated in this Section 4, all purchases of ALUX tokens from the Company during the sale are ﬁnal, and there are no refunds or cancellations, except as provided in this document or as required by applicable law or regulation.
4.2. The Company reserves the right to reject or reject any contribution made at any time in its sole and absolute discretion. To the extent that the Company rejects or refuses a transfer from the Buyer, the Company will make all reasonable eﬀorts to ensure that the transferred amount is returned to the Buyer, however, the Company does not guarantee, represent or oﬀer any guarantee that it will do so. successfully. be able to recover and / or return those transfers.
4.3.At any time, the Company may temporarily suspend or permanently abort the Presale and / or Sale for security reasons or other relevant reasons. Any suspension or abortion of the previous sale and / or sale will be considered to start from the moment a notice to that eﬀect is published on the Lux Ant Digital website.
4.4.In the event that the Company recognizes any tax, license, regulation or other existing risks in relation to the possession and / or transfer of ALUX tokens by certain holders, the Company will be entitled to execute a repurchase of ALUX tokens from said holder by a price determined by the Company at its sole discretion. Said repurchase will be mandatory and binding for that particular token holder subject to the repurchase, regardless of whether the token holder cooperates with it or not.
5.1. Buyer is responsible for implementing reasonable measures to protect Wallet, Wallet Address, Vault or other storage mechanism that Buyer uses to receive and retain ALUX tokens purchased from the Company, including the necessary private keys or other credentials necessary to access said storage mechanism (s). If the Buyer's private keys or other access credentials are lost, the Buyer may lose access to the relevant ALUX tokens. The Company is not and will not be responsible for any loss, cost or expense related to the loss of access credentials, credentials of the buyer.
6.1. The Company, in its sole discretion, determines that it is necessary to obtain certain information, data and documentation about the Buyer to comply with applicable laws or regulations related to the sale of ALUX tokens. The Buyer provides the Company with any and all information upon request and acknowledges that the Company may at any time refuse to sell ALUX to the respective Buyer until the Company receives all the requested information, data and documentation.
6.2.By accepting the Terms or providing Buyer's Credentials (whichever occurs ﬁrst) Buyer without reservations accepts and expresses its consent that all personal data provided by Buyer (to Company) or received (by Company) can be processed by the Buyer. Company (and / or its selected third parties) as owner, controller, receiver of the Buyer's personal data in order to process the information of its client (KYC). Such data and information at the sole discretion of the Company may also be:
7.1. All amounts that Buyer pays for ALUX are exclusive of all applicable taxes. The Buyer is responsible for determining what taxes, if any, apply to the relevant ALUX purchase, including, for example, sales, use, value added and other similar taxes. It is also the Buyer's responsibility to retain, collect, report and remit then correct taxes to the corresponding tax authorities. The Company is not and will not be responsible for retaining, collecting, reporting or remitting any sales, use, value added or similar tax that arises from the relevant purchase of ALUX tokens.
8.1. The Company will be responsible for any indirect, special, incidental, consequential or exemplary damages of any kind (including, among others, those related to the loss of income, income or proﬁts, loss of use or data or damages due to business interruption) arise or relate in any way to the sale or use of ALUX tokens or otherwise related to the Company, the Platform, these Terms.
8.2. The total liability of the Company, whether contractual, warranty or tort (including negligence, whether active, passive or imputed), arising from or related to the purchase / use of ALUX tokens, Platform, Company, these Terms, may not exceed the amount that the Buyer paid to the Company for the ALUX tokens.
8.3. The Company may, at its sole discretion and at any time delegate its functions, contract or cooperate in any other way with its selected third parties in order to implement and / or administer the Platform, the sale or use of ALUX tokens or the day of the company. the current business. In this regard, the Company shall not be liable to any person or Buyer for any act or omission performed or omitted by the Company and / or its selected third parties unless it is demonstrated that the respective action or omission constitutes gross negligence or willful misconduct , and the Buyer without any additional reserves indemniﬁes the Company for liabilities related to the activities of the Company and its selected third parties, except those liabilities that involve gross negligence or intentional misconduct.
8.4. Subject to the terms established in Clause 8.3. of the Terms, the Company will assume the respective expenses incurred in its operations, which include: organization and supply expenses; taxes; interest; rates (including management fees); advisory and administrative fees; administrator charges; certain insurance costs; audit and legal expenses and fees; and any extraordinary expense. The Company will also pay the brokerage fees and commissions, if applicable.
9.1.If any term, clause or provision of these Terms is deemed illegal, void or unenforceable, such term, clause or provision shall be severable from these Terms and shall not aﬀect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
The ICO Lux Ant Digital and its next banking platform will have an AML / KYC system in place to satisfy all legal requirements, so it will be mandatory for users to verify their identity through our own AML/KYC system. The AML measures will be implemented with Madrid software. In certain countries, transactions such as ICO participation or other cryptocurrency transactions are considered MSB (Money Service Business). As ﬁnancial institutions, MSBs must comply with regulations and laws regarding bank secrecy, including AML (Anti-Money Laundering) and KYC (Know-Your-Customer). All processes related to AML / KYC will be developed prior to the ICO.
These Terms constitute the entire agreement between the Parties related to the purchase of ALUX from the Company. The Company may assign its rights and obligations under these Terms. The purchase of ALUX does not create any form of association, joint venture or any other similar relationship between the Parties. Except as otherwise provided herein, these Terms are intended solely for the beneﬁt of the Parties, and are not intended to confer rights of beneﬁcial third parties to any other person or entity. Buyer accepts and acknowledges that all agreements, notices, disclosures and other communications that the Company provides to Buyer, including these Terms, will be provided electronically. When proceeding to the purchase of ALUX tokens, you declare not to be a citizens of the United States of America, Canada, New Zealand, the People's Republic of China and the Republic of Korea.
LUX ANT DIGITAL
Company Number: B45886710
The present Data Protection Policy regulates the processing of personal data provided by you (hereinafter, also referred to as "the User") included in the web platform owned by Lux Ant Digital S.L. (hereinafter, "the Platform”).
The User guarantees that the information provided by the Platform is true, accurate, complete and up-to-date, and is responsible for any direct or indirect damage or loss that may be caused as a result of the breach of such obligation. In the event that the data provided belonged to a third party, the User guarantees that he has informed said third party of the aspects contained in this document and obtained his authorization to provide his data to Lux Ant Digital for the purposes indicated.
The data of you contained in the Platform will be incorporated and treated in the ﬁle called "clients and suppliers" owned by the person in charge of the processing, Lux Ant Digital S.L., Toledo, email: firstname.lastname@example.org The recipients will be Lux Ant Digital S.L., and third parties who must know the personal data, for the purposes for which their consent has been obtained and which are collected in greater detail below.
The data collection has the following purposes:
The personal data provided will be treated conﬁdentially and the appropriate technical and organizational security measures will be adopted to avoid alteration, loss and unauthorized access to said data.
The personal data will be kept while the purpose for which they have been collected is maintained, and as long as they do not exercise the rights indicated in point 5.
The basis for data collection is as follows:
In any case, you can exercise the rights of information, access, rectiﬁcation, deletion, limitation of treatment, data portability and opposition, writing, accompanied by a copy of the National Identity Document or equivalent document, to the email email@example.com indicating (in "Subject") the right you wish to exercise. You are also informed that you have the right to withdraw consent at any time, without affecting the legality of the treatment based on the consent prior to its withdrawal. Likewise, you are informed that you can ﬁle a complaint with the competent Data Protection Control Authority, especially when you have not obtained satisfaction in the exercise of your rights. In the case of Spain, the Spanish Agency for Data Protection makes available the possibility of processing the claim through its website, which may be done by digital certiﬁcate or on paper.