Terms of Use
1. General
1.1. Welcome to Root Luxerisq (the "Website").
Our contact email: [email protected]
1.2. The Website offers information about third-party platforms ("Third-Party Platforms") that enable trading (the "Services").
1.3. These terms of use (the "Terms") govern your ("You", "Your", or "User") use of the Website and the Services. Please read the Terms in full before using the Services. They form a binding agreement between you and the operator of the Website. If you do not agree with any part of them, you must cease using the Website immediately. Continued use of the Website means you accept these Terms; we may update them from time to time.
By agreeing to these Terms you also accept our Privacy Policy. You can view it here.
2. Eligibility
2.1. You may use the Website only if You meet all the following criteria:
2.1.1. You are at least 18 years of age;
2.1.2. You possess the legal right, authority, and capability to enter into these Terms and comply with all the terms and conditions set forth herein;
2.1.3. You are not barred from using the Website and/or the Services under the jurisdictional laws of the country where You reside or are located while accessing the Website.
2.2. Root Luxerisq gives no express or implied assurances as to the legal status of the Website or Services, or how any person may use them. We are not liable for any unauthorised use of the Website or Services by users.
3. Restricted territories
3.1. In addition to the aforementioned, Root Luxerisq reserves the right, at our sole discretion, to limit access to the Website and/or Services (or any part thereof) for: (i) any Users in specific areas (the “Restricted Territories”), and (ii) individuals whom we reasonably perceive may pose legal, regulatory, reputational, or economic risks.
3.2. We may apply additional requirements before accepting users who live in or are from certain countries. If you are in a Restricted Territory, the Website and/or Services may be unavailable or limited there.
4. Prohibited activities
4.1. You agree to use the Website and Services in a lawful manner and not to:
4.1.1. Creating links to the Website and/or using the Website to upload, download, disseminate, publish, or transmit (a) any information or materials that infringe upon rights, such as intellectual property, privacy, or any other legal rights; (b) content that is unlawful to publish or use due to it being threatening, harmful, offensive, slanderous, defamatory, racist, or otherwise inappropriate; (c) content containing viruses or other software that may damage our systems or those of third parties, or in any way hinder others from using the Website; (d) any content that breaches legal regulations; or (e) content containing advertisements of any form without prior written consent from us;
4.1.2. Removing or altering any legal notices, attributions, or other proprietary marks or labels present on the Website;
4.1.3. Access the Services through any interface other than the Website;
4.1.4. Disrupt other Users' experience of the Website and/or the Services;
4.1.5. Utilize bots or automated systems to interact with the Website and/or the Services;
4.1.6. Upload or transmit (or attempt to upload or transmit), without our explicit consent, any materials that function as passive or active information collection or transmission mechanisms, including, but not limited to, web bugs, cookies, or similar spyware devices;
4.1.7. Engage in activities such as "framing," "mirroring," or otherwise replicating the appearance or functionality of the Services;
4.1.8. Breach any applicable laws or regulations, or encourage/promote illegal activities including, but not limited to, copyright infringement, trademark infringement, defamation, privacy invasion, identity theft, hacking, cracking, or distributing counterfeit software;
4.1.9. Alter or interfere with the source code of the Website in any way, or upload any software/application that could potentially harm the Website or any third party;
4.1.10. Disassemble, decompile, or reverse engineer any software or technology incorporated in the Website or used to provide the Services.
4.2. You accept that, without limiting our other rights, if we consider your use of the Website to breach these Terms or any applicable law, we may monitor use of the Website or Services, restrict your access, share relevant information with third parties, and take other steps we deem necessary to protect our rights and property and those of third parties.
5. Intellectual Property Rights
5.1. All content on the Website—including videos, text, images, logos, designs, music, sounds, figures, trademarks and other materials—is protected by intellectual property rights held by us or third parties.
5.2. We own all rights, title and interest in the Website and Services. Use of the Website or Services does not grant you any intellectual property rights other than the right to use them as set out in these Terms.
5.3. Users may only use the Website and Services for personal, non-commercial purposes.
5.4. Users are strictly forbidden from altering, decompiling, disassembling, reverse engineering, copying, transferring, creating derivative works from, renting, sublicensing, distributing, reproducing, republishing, scraping, downloading, displaying, transmitting, posting, leasing, selling, or exploiting any Website content without our explicit written consent. This restriction includes any use not aligned with the Terms or unauthorized exploitation of Website content.
6. Limitation of Liability
6.1. Your engagement with the Website and/or the Services is at Your own risk. To the maximum extent allowed by law, We disclaim all warranties, explicit or implied, concerning the Website and the Services and Your use thereof, including implied warranties of merchantability, title, fitness for a specific purpose, non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Consequently, the Services, along with all content and functions available on, accessed through, or sent from the Website, are provided on an “as is,” “as available,” and “with all faults” basis.
6.2. Without limiting the foregoing, We accept no responsibility for any (a) errors, mistakes, or inaccuracies of any content included in the Website; (b) any interruption or cessation of transmission to or from the Website via the Services; (c) any bugs, viruses, Trojan horses, or similar issues that may be transmitted to or through the Website or the Services by any third party.
6.3. You agree to indemnify Us for any losses incurred, directly or indirectly, by You and/or any other third party, in relation to the Website and/or the Services, and You shall assume full responsibility for any decisions You make based on the content of the Website and/or the Services.
6.4. Under no circumstances shall we be responsible for any special, direct, indirect, incidental, punitive, or consequential damages that may arise, including any loss of profits or data, from your utilization of the Website and/or Services or from materials accessed or downloaded from the Website or as part of the Services. This applies regardless of whether such liability is based on warranty, contract, tort, or any other legal theory, and regardless of whether we were informed of the potential for such damages. In the event a judicial authority holds us accountable, our liability will not exceed 155 AUD. This limitation of liability shall apply to the fullest extent permitted by the applicable law.
6.5. We are not accountable for any issues or technical malfunctions of any telephone or network lines, computer online systems, servers or providers, hardware, software, failures due to technical issues or internet traffic congestion (or inaccessibility of the internet), or incompatibility between the Website or the Services and your browser and/or other equipment. Without limiting the generality of the above, we do not accept any responsibility or risk for your internet usage.
7. Third party services or content
7.1. When using the Services you may see content or services from third parties, including ads and reviews relating to Third-Party Platforms.
7.2. We do not control or endorse this content or these services; they may be inaccurate or out of date.
7.3. You should verify any information yourself before relying on it. Decisions or actions you take based on that information are your responsibility alone.
8. Links
8.1. The Website may feature links, content, advertisements, promotions, logos, and other materials from third-party websites or software (the “Links”). We advise you to be aware of the risks involved in using such websites, software, or materials before retrieving, using, relying upon, or purchasing anything via these websites or software, or based on such materials. These Links are provided solely for your convenience, and you agree not to hold us accountable for any loss or damage under any circumstances.
We are not responsible for any loss or damage caused by reliance on or use of any content, goods or services found on other websites or software.
8.2. Including links on the Website does not imply endorsement, authorization, sponsorship, affiliation, or any other association between Root Luxerisq and these external sites, software, or their operators.
8.3. We have not reviewed all of these links and are not responsible for any content found on the websites or software they lead to. We advise you to be aware of the risks before accessing, using, relying on, or purchasing anything from these websites or software. You shall not hold Root Luxerisq liable for any loss or damage caused by using or relying on any content, goods, or services from other websites.
8.4. It is your duty to review the terms and policies of such third-party websites, and we highly recommend that you carefully examine them before interacting with such third parties.
9. Miscellaneous
9.1. We may, at our sole discretion, change, suspend or discontinue any Services and/or add new ones at any time. We are not liable for any loss arising from such changes, and you have no claim against Root Luxerisq in respect of them.
9.2. We may update these Terms from time to time. We will notify you by publishing the updated version and changing the date at the top of this page. Changes take effect on publication. If you continue to use the Website after an update, you accept the new Terms.
9.3. The User agrees that the transmission of information to or from the Website does not establish any relationship beyond those specified in these Terms.
9.4. These Terms and the Privacy Policy, as updated from time to time, represent the only valid agreements between Root Luxerisq and the User, and no representation, promise, consent or undertaking, whether written or oral, not included in the Terms or the Privacy Policy will be legally binding for all parties involved.
9.5. If we do not immediately enforce any right, power, or remedy available to us, it does not imply a waiver of those rights. Similarly, exercising any right, power, or remedy partially does not prevent further enforcement of that or any other right, power, or remedy.
9.6. Should any provision of these Terms be deemed unenforceable by a court with the appropriate jurisdiction under applicable law, it will be removed from these Terms. The rest of the Terms will remain valid and enforceable as if the provision was never included. Nonetheless, these Terms should be interpreted to best reflect the original intention of the removed provision, as far as the law allows, according to the court's interpretation.
9.7. We reserve the right to transfer or assign all our rights and responsibilities under these Terms to any third party. Additionally, the Website and/or any of the Services may be managed by third parties. You are not permitted to transfer, assign, or pledge any of your rights or obligations under these Terms in any way.