Luxy Terms of Use

Effective since August 14, 2021.

These general terms and conditions apply to the contractual relationships between Luxy and its members and users (those who use the website "www.onluxy.com", the Android and iOS apps “Luxy” and “Luxy Pro”). Luxy is operated by Luxy Limited which is referred hereafter sometimes as “Luxy” or “Company”.

Luxy can only be used if you are of legal age of 18 and above, and for non-commercial purposes. Luxy is a location-based social platform that facilitates communication between mutually interested users, allowing matched users to chat.

1 Content of Agreement

1.1 The service provided by Luxy gives you access to an online database during the term of the contract, through which you can get to know other registered customers through services that are both free and subject to a fee (hereinafter referred to as "Luxy Services"). Luxy services are only available via mobile apps for IOS and Android devices (or in future for other operating systems) or via the Internet on the website www.onluxy.com.

1.2 The online database provided by Luxy contains so-called profiles, which the registered customers fill with photos and information. The data protection information shows which data is collected in this context and how these are visible to other customers. Luxy offers its service in various countries and enables a cross-regional search and contact.

1.3 With the Luxy platform, registered members can get in contact with other people for dating pur-poses, finding new friends and business networking. Business networking is only available on the app Luxy Pro.

1.4 However, Luxy explicitly is not a marriage broker and does not owe a user marriage brokerage, initiation or hooking up with somebody.

1.5 Term and Termination
This agreement will stay always in full force while you use our website, app or platform. You can end your membership at any time and for any reason by following the instructions on the “Deactivate Account” section on the Luxy platform. Luxy also can end your membership at any time without prior notice. If Luxy terminates your membership you are not entitled for any refund or of the subscription fees or unused coins of your account. Your membership can be ended for any reason. All terms in this agreement will survive a termination and continue in full force and effect.

2 Conclusion of the Contract

2.1 The use of the Luxy services require your registration. The prerequisite for this is an email address and a password selected by the customer. In some areas, Luxy requires a valid phone number for registration. The password will be sent by text message. It’s the user’s responsibility to use a correct and valid phone number which can receive text messages. Other log-in options are available, depending on the user’s location and device. Please take into account that the registration is only successfully submitted when these terms have been read and agreed.

2.2 In some areas Luxy requires a valid phone number to register on the Luxy app. To proceed with the sign-up process, the user has to give consent that Luxy is allowed to send text messages (SMS) to continue the registration. It’s in the customer’s responsibility to make sure to read the consent. If a person does not want to register with the phone number, sign-up on the Luxy Website only.com is possible without cell phone log-in.

2.3 After registration you will need to complete your profile with pictures and information. Please note, that during the first 24h, Luxy is checking if a registered profile is suitable to use all of the Luxy terms. A completed registration does not have to result in access to the Luxy database, nor does Luxy has the obligation to communicate reasons to a user for the non-acceptance.
You then have the opportunity to use Luxy to a limited extent free of charge on the basis of these general terms and conditions.

2.4 Luxy Pro offers the choice to register on two different modes: Dating and Networking. Both modes are not connected with each other and work with separate profiles which the user has to set up and which have to be approved by the Luxy team within 24h upon registration. People on the Network-ing mode won’t see a person’s Dating mode profile and vice versa. A person might not be eligible for one mode, but can still be suitable for another. If the separate application for both modes have been successful, the user can change between the Dating and Networking mode freely on Luxy Pro.

2.5 Once you have registered, we will also provide you with services against payment of a fee. These services are also subject to the general terms and conditions. Before you can take advantage of these chargeable services, we will inform you about the content of the chargeable service as well as about the prices and the terms of payment. Your declaration of wanting to enter into a contract with Luxy, which is subject to a fee, is made when the purchase button is pressed. The contract, which is subject to a fee, is only concluded when the order is confirmed by notification from Luxy.

2.6 Luxy enables the purchase of premium membership (paid) via its IOS and Android apps. In this case, the conclusion of the contract and a revocation are processed via Apple and Google respectively and the technical specifications and principles established by these companies, over which Luxy has no influence. As a rule, a purchase is made via the IOS APP or Android APP if the customer clicks on the "Confirm" field or a comparable field and, if necessary, enters a password or a Touch ID for the App Store or Google Play Store. Apple also uses the customer's iTunes account for billing while Google uses the registered Google Wallet account of its Play Store of the user. Here you will also find all the essential information about the commercial processing of the contractual relationship. Memberships purchased via Apple and Google have to be canceled separately in the User’s App Store settings or settings of the Google Play store. Luxy’s customer service assists our users of locating these settings further and can be reached via support@onluxy.com

3 Chargeable and Free of Charge Services

3.1 Based on your profile information, preferences, we will provide you with daily limited free recommendations online. The suggestion list contains recommendations in the form of complete profiles you can 'like' or 'pass'. Suggestions will cover information on the type of the connection the users prefer which are new friends, nothing serious, long-term relationship or business networking. With a free membership (also called basic membership) it is possible for the customer to match with another person and to start a free unlimited conversation. The function of sending free text messages and reading such free text messages is restricted to people matched with on Luxy for free membership.

3.2 Luxy Pro’s Networking mode provides you with daily limited profile suggestions matching your se-lected filter criteria. The operation of the Networking mode functions the same as the Dating mode which is explained in 3.1.

3.3 In addition to the services listed in Section 3.1, Luxy offers a range of services subject to payment. These are paid premium memberships in the form of “Luxy BLACK” and “Luxy PLATINUM”. Perks and details on these memberships are stated prior purchase. Other paid services are available with the use of Luxy “Coins”. Coins can be purchased and function as currency on Luxy. Luxy has the right to offer additional chargeable services at any time.

3.4 Our service (with the exception of customer service) is available 24 hours a day, seven days a week. Luxy has an annual availability of 99.5%. Downtimes that occur due to maintenance and / or due to software updates are excluded. Excluded as well are times when the service is not available on the Internet due to technical or other problems that are not within Luxy’s sphere of influence. A prerequisite for full use of the Luxy services is the use of the latest (browser) technologies, including the activation of, for example, Java Script, cookies, pop-ups, etc. And the use of Luxy’s latest available app. We recommend our users to enable automatic updates of our Luxy app. The use of outdated technologies may lead to restrictions in the Luxy services.

4 Data Protection

4.1 You can find our data protection regulations on the following website: https://www.onluxy.com/page?path=privacy

4.2 The Luxy platform may be commercially supported by affiliate businesses which help executing Luxy and its services. However, this won't change the fact that your data remains with Luxy Limited, as stated in our privacy policy.

5 Contract Extension and Termination

5.1 You can cancel your free membership at any time with immediate effect. All you have to do is click the "Delete profile" button in the "Settings" / “Deactivate Account" area.

5.2 Within our product-related contract contents, which you confirm during the ordering process, you will find the ordinary notice period for membership subject to payment. The termination must be expressed to our user support support@onluxy.com or in-app messenger service (to customer representative avatars Luciana or Amanda). We will send further instructions how to cancel the memberships.

Ordinary termination of the paid membership does not result in cancellation of the free membership. For this, the procedure according to section 5.1 is to be followed separately.

5.3 If the customer does not give notice of termination in compliance with the ordinary notice period in accordance with Section 5.2, the contract for paid membership is being continued until it’s announced end day which you accepted during the ordering process.

5.4 Section 2.4 applies to terminations of memberships that have been acquired via the IOS app from Apple or Android app from Google.

6 Liability Notice

6.1 We are not responsible for incorrect information within the registration or the profile information of our customers. We can therefore not guarantee the accuracy of the compatibility between matches.

6.2 Nor can we guarantee any success in mediation. Luxy only provides the customer with IT services or technical infrastructure for the automatic mediation of contacts.

6.3 In the event that customers misuse the services of Luxy in an unauthorized or illegal manner, Luxy assumes no liability. Luxy cannot be held responsible for the misuse of information; especially not if the customer has made the information accessible to a third party.

6.4 Luxy does not guarantee uninterrupted operation or the correct use or accessibility of the service at any time. In particular, Luxy is not liable if there are disruptions due to force majeure or events that are beyond Luxy’s sphere of influence. In addition, Luxy is not liable in the event that third parties gain unauthorized knowledge of a customer's personal data (e.g. through a "hacking attack").

7 Customer's Duties

7.1 The use of Luxy’s services forbids any use of the site what is violating any legal law, code of ethics, and good citizen behavior. This includes but is not limited to crimes, fraud, escorting, prostitution, human trafficking.

7.2 The customer is obliged to make all payments due to Luxy on time. If the customer is culpably in arrears with more than one successive installments, all outstanding payment claims up to the end of the term are due immediately.

7.3 When registering, it is your responsibility to provide truthful information. The customer is solely responsible for the content of his personal data and assures the accuracy of the information. Luxy reserves the right to take civil action against customers who intentionally and / or fraudulently provide false information.

7.4 Luxy services are intended for private use only. By registering, you undertake not to use Luxy services for commercial purposes and not to use data made available to you for commercial or advertising purposes. You are expressly not permitted to systematically collect the content of other users (e.g. through a special program or by simply copying the data) and to use it for purposes other than the service of Luxy. In this context, it is particularly not permitted to use computer programs such as Crawlers to use to read other customers' data.

7.5 If you acted culpably, you are obliged to indemnify Luxy against any kind of lawsuits, damages, losses or claims that could arise from your registration and / or participation in our service. This applies in particular to damage due to defamation, insult, violation of personal rights, the loss of services for other customers, a violation of these terms and conditions, the violation of intellectual property or other rights. The amount of the claim for reimbursement of expenses is limited to the expenditure required or required for a specific purpose.

7.6 It is your responsibility to keep emails and other messages from other Luxy customers confidential and not to make them accessible to third parties without the consent of their author. The same applies to the names, telephone numbers, email and residential addresses, social media profiles and / or URLs or other personal data etc. of our customers.

7.7 You are also required to treat the information shared through the ‘FaceMe’ video feature confidential and with respect. This means, you are not about to share personal WhatsApp or Instagram account information without the other person's consent. When using chat features on third party apps, you are required to behave in a respectful and polite way. You are not allowed to share a social media account or phone number in the ‘FaceMe’ feature what is not under your control or what does not belong to you. Misuse of this service will be prosecuted. What you are not obliged to do is listed in 7.10, and the consequences if you do so can be found in 7.11. You are solely responsible for sharing your own social media account, or phone number and your are alone responsible for the content you share in picture, word or text form while doing on our platform or any third party application.

7.8 Please let us know immediately if you are no longer interested in partner proposals due to the establishment of a partnership or for other reasons.

7.9 Luxy is entitled to delete messages without asking at any time. All data in the context of a free membership can be deleted 2 months after the last login by the customer. For this reason, you are requested to call up the incoming messages and the data of your profile at regular and appropriate intervals and to archive them on your own computer or other storage media if necessary.

7.10 You further undertake not to misuse the service, in particular:

7.11 Failure to comply with one of the behavioral obligations mentioned in Section 7.1 - 7.10 can lead to the following sanctions without prior warning:

Failure to comply with the duties of conduct mentioned in section 7.10 can always lead to an immediate termination of the user agreement as well as civil and criminal consequences for you. Blocking your access to the Luxy platform does not change the payment obligation for services ordered.

7.12 Reasonable Use of Luxy Services
You as a user are solely responsible for the content, information, and any other service the you post, share, link, publish or transmit in any other form to people on the Luxy platform and to the Luxy staff. You are not allowed to post on the Luxy website/ app or share to anyone any content or interact through the Luxy platform:

It is prohibited that a person is violating or trying to breach the security of the website, app of Luxy platform. This includes:

The further use of Luxy remains prohibited at all times:

8 Communication

Luxy is an online service. As such, Luxy communicates with its customers either via the in-app messenger system when logged in or via email (e.g. support, sending partner proposals, contract confirmation and invoices / reminders). Telephone, fax and mail by post are excluded from communication between the company and the user. For clear authentication and protection against misuse, your messages should contain one the following detail so that we can assign you to your account, depending what applies to you: E-mail address, Facebook email address, Google Account email address, Linked-In Account email address, Apple ID email address, or phone number registered with. Luxy sends to all of its registered users unpersonalized messages of informational and promotional content. This can be within the Luxy platform (Luxy News) or to the linked Email address or phone number in the for of SMS messages. Users can specify the types of messages they want to receive in their settings.

9 Rights of Use and Copyrights

In relation to you, Luxy is the sole legal owner of the reproduction, distribution, processing and all copyrights as well as the right of intangible transmission and reproduction of the Luxy website and the individual content contained therein. The use of all programs and the content, materials, brand and trade names contained therein is only permitted for the purposes stated in these terms and conditions.

10. Subscriptions and Memberships

10.1 Luxy provides automatic renewal options when purchasing a premium membership of Luxy “BLACK” or Luxy “PLATINUM”. This option is voluntarily. If a user chooses the automatic renewal option when purchasing, Luxy will renew all paid subscriptions on the date when the initial membership is expiring. After the first subscription period, the membership will renew for another period as stated on the check out process. Then the subscription is going to renew automatically for every ongoing subscription period. When purchasing an auto renewal membership, the Luxy user confirms that the account will be subject to the renewal plan. If a member does not want the account to renew the paid membership anymore, or if the membership should be changed pr terminated, the user should contact the Luxy customer support via in-platform messenger to the representatives “Luciana” or “Amanda” or send an email to support@onluxy.com and follow the instructions.

10.2. When you deactivate or delete your membership account, or if the account is suspended for violating Luxy terms, rules or guidelines, you acknowledge that any remaining or unused membership or coins will expire and no refunds will be issued for any remaining subscriptions or coins. If you deactivate your account and will reactivate it later, you further agree that any remaining coins or subscriptions at the time of the account deactivation will not be reinstated and can be lost.

10.3 Refund of Membership Fees
Please contact support@onluxy.com or message the in-platform customer service representative avatars “Luciana” or “Amanda” when logged into your account for any questions to your subscription fee. Note, that there is no obligation to provide you a refund. Membership fees are non-refundable in the following situations:

11 Links

This website and the Luxy services may contain links to sites that are not affiliated with Luxy. The inclusion of a link on this website does not imply our endorsement of the linked site. If you decide to access linked third-party websites, you do so at your own risk. Despite careful control of the content, we don’t take any liability for the content of external links. The operators of linked pages are solely responsible for their content.

12 Applicable law, alternative dispute resolution

This contract is subject to the law of the People’s Republic of China in its Special Administrative Region of Hong Kong.
Luxy does not participate in dispute settlement procedures before consumer arbitration boards. In this respect, there is no legal obligation.

13 Disclaimers

Luxy is not responsible for any incorrect or inaccurate content posted on the website or in connection with the service, regardless of whether it is caused by users of the website, members or by devices or programs connected to the service or used in this service.

Luxy is not responsible for the online or offline behavior of a user of the website or a member of the service.

Luxy is not responsible for errors, interruptions, deletions, defects, operating or transmission delays, communication line failure, theft or destruction, or unauthorized access to or changes in user or member communications.
Luxy is not responsible for problems or technical malfunctions in telephone networks or lines, online computer systems, servers or providers, computer equipment, software, email or player failure due to technical problems or traffic jams on the Internet or on websites or a combination thereof, including injuries or damage to users and / or members or someone else's computer related to or resulting from participation or downloading of materials related to the website and / or service.
In no event will Luxy be responsible for any loss or damage, including personal injury or death, arising from the use of the website or the service, content published on the website or transmitted to members, or interactions or contacts between users of the website, whether online or offline.

14 Additional

14.1 Luxy is entitled to commission third service providers and vicarious agents to provide parts or the entire range of services.

14.2 Should a part of the contract or the general terms and conditions become or will be ineffective or should the contract be incomplete, the remaining content of the contract will not be affected. The statutory provisions also apply.

14.3 The contract language is English.

14.4 As part of the conclusion of the contract, the contract text is not automatically saved by Luxy. The customer is therefore obliged to save the contractual text that is valid at the time of the conclusion of the contract and is accessible on the Luxy website on his hard drive or to archive it in any other way.

This contract can be change by Luxy at any time. If you are a Luxy member (“basic” or “premium”) at the time of any change, the revised terms will be effective upon posting on the website and your use of the Luxy services. By using the services on the Luxy website or app, you are accepting all of Luxy’s terms or revised terms and conditions. Contact us at support@onluxy.com if you have any further questions.