Company Terms
and Conditions of Use
1. General Use
1.1 Eligibility
By using the Rux Capital Site and entering into this User Agreement, you affirm that you are an individual, at least 18 years of age or older, have the capacity to enter into this User Agreement and agree to be legally bound by the terms and conditions of this User Agreement, including the Cookie Policy, the Privacy Policy and the Trading Principles as incorporated herein, as amended from time to time. In order to use the Services, you may be required to provide certain identifying information pursuant to our Compliance Program.
1.2 Modification
We may change the terms of this User Agreement at any time. Any such changes shall take effect when posted on the Rux Capital Site, or when you use the Services. If you have supplied us with an email address, we shall also attempt to notify you by email of changes to this User Agreement. If you disagree with any changes to this User Agreement, contact us. It is your responsibility to update your contact information, including but not limited to the email address provided to us (if any); failure to do so may result in you not receiving notice of any such changes to the User Agreement. Read the User Agreement carefully on each occasion you use the Services. Your continued use of the Services shall signify your acceptance to be bound by the current User Agreement. Our failure or delay in enforcing or partially enforcing any provision of this User Agreement shall not be construed as a waiver of any of our rights.
2. Compliance with Applicable Law
Your relationship with Rux Capital and use of any of the Services may be subject to the laws, regulations, and rules of governmental or regulatory authorities in your or our jurisdiction (Applicable Law). By entering into this User Agreement, you agree to act in compliance with and be legally bound to any and all Applicable Law.
3. Accessing the Services
Limited Licence
We grant you a limited, nonexclusive, non-transferable licence to access and use the Services and the Rux Capital Site solely in accordance with the terms of this Agreement.
Credentials
You must keep secret all credentials associated with the Services. You are solely responsible for managing and maintaining the security of any information relating to such credentials and agree that Rux Capital shall not be held responsible (and you shall not hold us responsible) for any unauthorised access to the Services or any resulting harm you may suffer.
Compliance
Your access to one or more Services may be contingent upon satisfaction of our onboarding processes as well as our Compliance Program, which may include verification of your identity and source of funds, and additional information we may request from time-to-time. The information we request may include, without limitation, personally identifiable information such as network address, name, email, address, telephone number, date of birth, taxpayer identification or social security number, official government-issued photo identification, and bank account information or other information we may reasonably deem helpful in satisfying our risk management or legal obligations. In providing this information to us you represent that it is accurate and agree to update your User Account information promptly, but in no event later than 14 days following any change in your information. Failure to provide information or update it promptly may result in Services or funds being unavailable to you.
Communications
Any and all communications from Rux Capital may be provided to you via electronic mail at the address you provided when accessing the Services. Rux Capital shall not be responsible for any harm you may suffer as a result of your failure to receive any notice provided to you in connection with this User Agreement or your use of Services so long as such notice is provided to such email address. Rux Capital may also communicate with you through other methods, including via telephone call, instant messaging or chat applications either operated by Rux Capital or a third party.
Termination
We may close, terminate, enable or disable any or all of the Services, your User Account or your access to the Services at any time and for any reason. You may close your User Account at any time and for any reason. Depending on the Services available to you in your User Account, we may require you to take certain actions in order to complete a pending transaction or provide additional information prior to closing such User Account. You are solely responsible for any fees already incurred or associated with the closing of your User Account, whether incurred directly by you from Rux Capital, or incurred by Rux Capital on your behalf with a third party in order to complete any such action. Closing your User Account may not result in the deletion of information we hold about you or your activity.
4. Risk Factors
Your use of the Services requires you to bear risks for which we cannot be held responsible. These risks include, but are not limited to: hardware, software or connection failures; forks, unknown vulnerabilities or unanticipated changes to network protocols; the substantial risk of loss of value in using Services involving Virtual Currencies, with losses potentially occurring over a short period; the fact that Virtual Currencies are not legal tender and are not backed by any sovereign government; market-order execution risk during periods of high volume or volatility; the potential difficulty of liquidating positions under certain market conditions; and the irreversibility of Virtual Currency transactions once submitted to a network. By using the Services, you agree that you understand and accept these risks.
5. Fees
Rux Capital makes profits by charging trading fees. A trading fee of 15% is charged from earned profits in the market while 85% of the earned profits are credited to the user's wallet where it is available for withdrawal. Network fees (including "miner's fees") required to use a Virtual Currency network may apply to a transaction. You are solely responsible for selecting and paying any such fee.
6. General Provisions
Intellectual Property
Unless otherwise indicated by us, all intellectual property rights and any content provided in connection with the Rux Capital Site or the Services, are the property of Rux Capital or our licensors or suppliers and are protected by applicable intellectual property laws. You may not sell or modify materials derived or created from the Rux Capital Site or the Services or reproduce, display, publicly perform, distribute or otherwise use the materials in any way for any public or commercial purpose. Any rights not expressly granted herein to use the materials contained on or through the Rux Capital Site or the Services are reserved by Rux Capital in full.
Accuracy of Information
We endeavour to verify the accuracy of any information displayed, supplied, passing through or originating from the Services, but such information may not always be accurate or current. Accordingly, you should independently verify all information before relying on it, and any decisions or actions taken based upon such information are your sole responsibility. We make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the Services, information and functions made accessible through the Services, any hyperlinks to third party websites, or the security associated with the transmission of information through the Services, or any website linked to the Services.
Third Party Services and Content
In using the Services, you may view content or services provided by third parties. We do not control, endorse or adopt any Third Party Content and have no responsibility for Third Party Content. Your dealings or correspondence with such third parties are solely between you and the third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and your use of Third Party Content is at your own risk.
Cooperation with Law Enforcement
Rux Capital may, from time-to-time, respond to requests from third parties, courts, law enforcement, regulators and policymakers by producing certain information about or relating to your use of the Services.
7. Feedback and Complaints
Feedback
Rux Capital strives to improve its Services to address feedback. If you have ideas or suggestions regarding improvements or additions to the Services, we would like to hear them; however, any submission shall be subject to this User Agreement. Under no circumstances shall disclosure of any idea or feedback, or any related material to Rux Capital be subject to any obligation of confidentiality or expectation of compensation.
Technical Support
We shall use commercially-reasonable efforts to supply email-based technical support services, but cannot guarantee immediate responses, especially during times of high volume.
8. Representations, Warranties, Indemnification and Limitations of Liability
No Violation of Law
You represent and warrant to us that you: (a) are not located in, under the control of, or a resident of any Restricted Location or any country to which the United States has embargoed goods and services; (b) are not identified as a "Specially Designated National" by the United States Treasury Department; and (c) shall not use the Services if you are prohibited by any applicable law, regulation, or rule from doing so.
Acceptable Use of Services
When accessing or using the Services, you agree that you are solely responsible for your conduct while accessing and using our Services. Without limiting the generality of the foregoing, you agree that you shall not: use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services; use the Services to pay for, support or otherwise engage in any illegal activities, including, but not limited to illegal gambling, fraud, money laundering, or terrorist 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 person's User Account, or credentials without authorisation; attempt to circumvent any content filtering techniques we employ; introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material; develop any third-party applications that interact with our Services without our prior written consent; provide false, inaccurate, or misleading information; or encourage or induce any other person to engage in any of the activities prohibited under this Section.
Disclaimer of Warranties
Rux Capital disclaims any and all promises, representations and warranties, whether express, implied or statutory, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, data accuracy, system integration, title, non-infringement and/or quiet enjoyment, and any Services provided by Rux Capital are provided "AS IS" and "AS AVAILABLE." Except as expressly provided herein, you acknowledge that Rux Capital makes no warranties under this Agreement directly for the benefit of any end user.
Limitation of Liability
In no event shall we be liable for any lost profits or any special, incidental, indirect, intangible, or consequential damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with authorised or unauthorised use of the Services, or this Agreement, even if an authorised representative of Rux Capital has been advised of, knew of, or should have known of the possibility of such damages. Under no circumstances shall we be required to deliver to you any Virtual Currency as damages, make specific performance or any other remedy.
Indemnification
You agree to indemnify and hold harmless Rux Capital, its affiliates, subsidiaries, directors, managers, members, officers, and employees from any and all claims, demands, actions, damages, losses, costs or expenses, including without limitation, reasonable legal fees, arising out of or relating to your or any other person's use of your credentials or User Account in connection with: (a) use of the Rux Capital Site or Services; (b) a reversal of payment instructions by you which results in a negative account balance; (c) breach of this User Agreement or any other policy; (d) feedback or submissions you provide; (e) false, incomplete, or misleading information relied upon by us to verify your identity and source of funds, where applicable; or (f) violation of any rights of any other person; provided however, that you shall not indemnify Rux Capital for claims or losses arising out of Rux Capital's gross negligence or wilful misconduct.
Dispute Resolution
If you live outside of the United States (or, if you are a business, have your principal place of business outside of the United States), any dispute arising between you and us under this User Agreement or our relationship (whether arising out of contract, tort, statute or any other manner), the courts located in London, England shall have exclusive jurisdiction of such dispute, and will hear the dispute under English law.