Terms of Service

This document, together with the Luxivana Product Disclosure Statement (PDS), Luxivana Platform Constitution, Luxivana Privacy Policy, and any other terms and conditions adopted by us from time to time and made available on the Luxivana Platform, forms the basis of the legal relationship between you and us in relation to your use of the Luxivana Platform.

Purpose 

1. This document outlines the terms and conditions governing your use of the Luxivana Platform (ARSN 689 348 454), including its website located at: www.luxivana.com (Luxivana Platform). By accessing or using the Platform, you agree to comply with and be bound by these Terms and Conditions.

2. Luxivana reserves the right to modify, update, or replace these Terms and Conditions at any time. Changes will take effect immediately upon being posted on the Luxivana Platform. We encourage users to review this page periodically. Continued use of the Luxivana Platform after changes are posted constitutes acceptance of the revised Terms.

3. By using the Luxivana Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions. If you do not agree to these terms, you must immediately cease using the Luxivana Platform.

4. These Terms and Conditions were last updated on 18 July 2025. 

Platform Access

5. We handle your personal information in accordance with our Privacy Policy. By using the Luxivana Platform, you consent to the collection, use, and disclosure of your personal information as described in that policy. You warrant that all information you provide is complete, accurate, and up to date. We may rely on this information unless and until we receive written notice of any changes, either signed by you or submitted through a facility provided by us. Any updated information will also be covered by this warranty. Luxivana is not liable for any loss or damage resulting from inaccurate or incomplete information provided by you. We may request confirmation of your details or supporting documentation at any time.

6. Certain features of the Luxivana Platform are only available to registered users (Members). To become a Member, you must complete the registration process and pay any applicable fees. If you are an individual, you must be at least 18 years of age to register and use our services. By registering, you confirm that you meet this age requirement. Luxivana reserves the right to request proof of age at any time.

7. These Terms and Conditions must be read in conjunction with any other notices, disclaimers, or policies displayed on the Luxivana Platform. You are responsible for ensuring that you have the necessary arrangements in place to access the Luxivana Platform. You are also responsible for ensuring that any individuals who access the Luxivana Platform through your account are aware of and comply with these Terms and Conditions.

Member Services

8. Luxivana’s services are currently available only to individuals residing in Australia. If you reside outside of Australia, you may only use our services if you are an Australian citizen. We reserve the right to restrict access based on geographic location or citizenship status.

9. Luxivana may suspend or terminate your access to Member services at any time if we reasonably believe it is necessary to:

  • Comply with applicable laws or regulations,
  • Respond to recommendations or directives from government authorities or recognized bodies,
  • Prevent fraud, financial crime, or other unlawful activities.

10. Upon registration, Members will be issued a username and password to access exclusive features, documents, and services (“Member services”). If your access is suspended—due to incorrect login attempts, suspected security breaches, or other concerns—you will be temporarily unable to access Member services, including any associated digital wallets, until access is restored.

11. We will notify you of any suspension or restriction and the reasons for it either in advance, or as soon as reasonably practicable after the action is taken, unless doing so would be unlawful. 

We will lift any suspension or restriction as soon as the underlying reason no longer applies.

Protecting Your Username and Password

12. You must take all reasonable steps to always keep your password secure and confidential. Do not disclose your password to anyone, including family members or friends. Luxivana will never ask you to provide your password, except when logging into your Luxivana account. We recommend changing your password regularly (every 3 months) to reduce the risk of unauthorized access.

13. To maintain the integrity and confidentiality of user credentials and ensure secure access to the Luxivana Digital Wallet, all users should adhere to the following security practices. Users must commit passwords and access codes to memory at the earliest opportunity. In instances where it is necessary to record such credentials, they must be sufficiently disguised to prevent unauthorized interpretation. Any passwords should be stored in a secure manner, such as on a password-protected and encrypted device.

Upon receipt of password or code notifications, users are expected to promptly destroy or delete the information to minimize the risk of exposure. Retaining such notifications beyond their immediate use is strongly discouraged.

When accessing the Luxivana Digital Wallet, users should take all reasonable precautions to prevent observation of their login credentials. This includes ensuring that no individuals are in a position to view the password entry process, and being mindful of environmental factors such as mirrors, surveillance cameras, or other reflective or recording surfaces. Users should shield their device screens and input methods to maintain privacy during authentication.

Luxivana also recommends the use of multi-factor authentication where available and encourages users to keep their devices and applications updated to benefit from the latest security enhancements.

14. We advise you to choose passwords that are difficult to guess and never share your username or password or allow others to observe you accessing your Digital Wallet.

15. If you suspect or become aware that your Luxivana login credentials or security features have been lost, stolen, misappropriated, used without authorisation, or otherwise compromised, you are required to promptly change your password to prevent further unauthorised access and 

notify Luxivana Customer Services without delay by contacting us at info@luxivana.com. This obligation applies even if you believe your credentials remain secure. 

16. You must ensure your registered email accounts are secure, as they may be used for password resets and security communications. If any associated email is compromised, contact Luxivana Customer Services at info@luxivana.com and notify your email provider immediately.

17. If you receive any message requesting your password outside of the official Luxivana login process, report it immediately. If you’re unsure whether a request is legitimate, contact Luxivana Customer Services at info@luxivana.com.

18. Luxivana is not liable for any loss resulting from unauthorised access to your Digital Wallet.

Contact

19. Luxivana may contact Members via email or other registered communication methods regarding Member services, including Digital Wallet updates. To receive these notices, you must provide a valid email address and ensure your account is functioning properly. It is your responsibility to regularly check and promptly read all communications. Luxivana is not liable for any loss resulting from failure to do so.

20. You should regularly check for incoming messages, as emails may contain links to important updates on the Luxivana Platform. All communications from Luxivana will be in English, and we only accept correspondence submitted in English.

21. Luxivana may send notices, requests, or other communications to your most recently provided email address and deemed to be received one hour after being sent.

22. Any communication you send to Luxivana will be considered received once it is actually received by us.

Linked Websites

23. Luxivana may provide links to third-party websites (‘Linked Websites’) for your convenience. These links may not always be current or maintained, and unless explicitly stated, Luxivana does not review, control, or endorse the content, privacy practices, or availability of any Linked Website.

24. You are solely responsible for complying with any terms or guidelines applicable to the use of Linked Websites and should direct any concerns to the relevant Linked Website’s administrator. Luxivana and its affiliates are not liable for any loss or damage arising from your use of, or reliance on, Linked Websites or their content.

25. We reserve the right to add, modify, or remove any links to Linked Websites on the Luxivana Platform at our sole discretion and without notice.

Disclaimer

26. Luxivana is not responsible for matters related to the platform that are beyond its reasonable control.

27. All information provided on the Luxivana Platform is offered in good faith, without guarantees 

or warranties regarding its accuracy.

28. Luxivana products are issued by Luxivana Financial Services Limited (ACN 689 348 454, AFSL XXXXXXX). Luxivana Exchange Pty Ltd is an authorised representative (No. XXXXXXXXX) of Luxivana Financial Services Limited.

29. Any advice provided on the Luxivana Platform is general in nature and does not consider your personal objectives, financial situation, or needs.

30. Before making any decisions regarding Luxivana products, you should read the Luxivana PDS and assess whether the products are suitable for you. Luxivana PDS is available at www.luxivana.com/pds.

31. Past performance is not an indicator of future performance.

32. Forecasts are subject to change without notice.

33. Neither Luxivana nor Luxivana Financial Services guarantees income or capital returns.

34. Luxivana reserves the right to update platform information at any time.

Limitation of Liability

35. Certain non-excludable statutory warranties under consumer protection laws apply for the benefit of consumers. These Terms and Conditions do not exclude or limit those rights. However, Luxivana makes no express or implied warranties beyond what is required by law.

36. Subject to consumer protection laws:

  • Luxivana is not liable for any loss or damage—direct, indirect, economic, or consequential—arising from use of or inability to use the Luxivana Platform, even if foreseeable.
  • Luxivana is not responsible for platform disruptions.
  • Luxivana is not liable for any damage to your systems, data, or devices resulting from use of the Luxivana Platform or any Linked Websites. You are responsible for ensuring your systems are protected against viruses or other harmful elements.

37. If Luxivana breaches a non-excludable statutory warranty, you may be entitled to compensation. Where permitted by law, liability is limited to re-supplying the service or covering the cost of doing so. For consumers, this limitation applies only to the extent allowed by law.

38. Luxivana is not liable for failure to comply with these Terms and Conditions due to circumstances beyond its reasonable control.

Viruses, Hacking and Other Offences

39. You must not misuse the Luxivana Platform by introducing viruses, trojans, worms, logic bombs, or any other malicious or harmful technology. Attempting to gain unauthorised access to the platform, its servers, or any connected systems is strictly prohibited. Any such conduct will result in immediate termination of your access to the Luxivana Platform.

Intellectual Property Rights

40. All content on the Luxivana Platform, including promotional materials and the website, is protected by copyright. You may only use this content for personal, non-commercial purposes. Except as permitted by law, you must not copy, modify, distribute, or publish any material without Luxivana’s prior written consent.

41. Luxivana’s trademarks and logos, whether registered or unregistered, must not be used or altered without prior written approval.

42. The Luxivana Platform and its content may include proprietary technologies or processes owned by Luxivana or third parties. No rights are granted beyond those expressly stated in these Terms and Conditions. Your use must not infringe any intellectual property rights.

43. By posting or transmitting material on the Luxivana Platform, you assign all related intellectual property rights to Luxivana, which we may further assign them to third parties. You also consent to acts that may affect your moral rights, such as not being identified as the author of submitted content.

Cookies

44. The Luxivana Platform uses analytics software to monitor traffic patterns and user interactions.

45. Cookies are small text files stored on your device to help identify your browser settings, track your activity on the platform, and enhance your experience by tailoring content to your preferences. They also help ensure the security of your information.

46. Luxivana may use third-party services to analyse platform usage. While you can manage cookie preferences through your browser settings, disabling cookies may limit access to certain features, particularly secure areas. For the best experience, we recommend enabling cookies.

Digital Wallet Terms

47. A Member’s Digital Wallet (referred to as Wallet on the Luxivana Platform) is an arrangement under which Luxivana holds funds on trust for the Member. This includes funds received from distributions or the sale of LXT. Members may use available funds to purchase additional LXT or withdraw them to a nominated personal bank account.

48. The Digital Wallet refers to one or more accounts maintained by Luxivana on behalf of each Member. It facilitates fund transfers for LXT purchases and receives proceeds from distributions and disposals. The Wallet is comprised of Funds Available and Funds Awaiting Investment.

49. Fund transfers into the Luxivana Platform are processed via external payment gateways compatible with major Australian banks. At its discretion, Luxivana may advance deposited funds (Advanced Funds) to enable immediate LXT purchases before the transfer is complete. During this period, Members may only purchase LXT; selling and withdrawals are enabled once the transfer is finalised.

50. A Member’s Digital Wallet will be debited for all amounts required to settle LXT acquisitions, including applicable fees and any other charges determined by Luxivana or the Responsible Entity in accordance with the Luxivana Platform Constitution. 

51. Luxivana may, at its discretion, require Members to maintain a minimum balance in their Digital Wallet.

Your Digital Wallet

52. The funds in your Digital Wallet belong solely to you. No other party has rights over these funds. Luxivana may withdraw amounts from your Wallet only with your authorisation.

The Risks Involved

53. There is a risk of unauthorised transactions on your Digital Wallet. Refer to the section on protecting your username and password for guidance.

54. Luxivana relies on the operational stability of its systems and those of its technology partners. Disruptions may occasionally make the Digital Wallet or Member services unavailable, affecting your ability to access or transact.

55. While the platform offers convenient access via electronic devices, this simplicity introduces risks: 

  • If someone obtains your login credentials, they may transact on your account. You may be liable for such activity (see the liability section).
  • Luxivana will never ask you to enter passwords via email. Ignore such requests, as they may be phishing attempts.
  • Be cautious of third-party services claiming to interface with Luxivana. They may be fraudulent. 
  • Access may be suspended if unusual activity is detected, such as malware or phishing. Luxivana may withhold access until the issue is resolved or you follow recommended security steps.

Maintaining Your Digital Wallet

56. All transactions—including fund transfers, monthly distributions, LXT purchases, withdrawals, and associated fees—are recorded in your Digital Wallet transaction history, each with a unique transaction ID. You should regularly review your balance and transaction history and reference the transaction ID when making enquiries.

57. Report any irregularities or questions promptly by contacting Luxivana Customer Services at info@luxivana.com.

Receiving Funds

58. You direct that any income from the Luxivana Trust, net of authorised expenses, be paid by the trustee into your Digital Wallet in accordance with the relevant trust deed.

59. Upon receiving funds into your Digital Wallet, you may receive an electronic notification via your Luxivana Account or your nominated email address, depending on the type of income. You should regularly reconcile incoming payments with your own records.

Prohibitions

60. You must not use your Digital Wallet for any illegal activities, including fraud, money laundering, or terrorism financing. Luxivana will report any suspicious activity to the appropriate law enforcement authorities.

61. You must not manipulate or attempt to manipulate the Order Book.

62. If you engage in or attempt any prohibited transaction, or if Luxivana is legally restricted from providing services to you without proper approval, we reserve the right to:

  • Reverse the transaction.
  • Suspend or close your Digital Wallet.
  • Report the activity to law enforcement.
  • Seek damages from you.

Withdrawing Funds Available

63. To withdraw Funds Available, you must log in to your Luxivana Account and submit a withdrawal request. Withdrawn funds will be transferred to your nominated bank account.

64. Withdrawals are not permitted while your Digital Wallet contains Advanced Funds.

Closing Your Digital Wallet

65. You may close your Digital Wallet by selling all LXT, withdrawing all Funds Available, and deactivating your Luxivana Account. Note that Funds Awaiting Investment under the Smart Invest feature can only be withdrawn once Smart Invest is disabled.

Fees and Other Costs

66. Please review the Luxivana PDS to understand the fees and other costs you may be charged.

67. You should carefully read all the information about fees and costs because it is important to understand their impact on your investment.

Unauthorised Payments

68. In the event of an unauthorised payment or a payment incorrectly executed due to an error by Luxivana, we shall, upon your request, refund the full payment amount including any fees deducted. This does not apply if the unauthorised transaction resulted from your failure to safeguard the personalised security features of your Digital Wallet. In such cases, you remain liable for the transaction and release Luxivana from any associated liability.

69. Luxivana takes all reasonable measures to ensure our electronic systems operate reliably. However, technical failures may occur. We are not liable for any service disruptions or impairments, including those caused by third-party intermediaries. We are also not responsible for indirect or consequential losses such as loss of profit, business, or reputation. If the Luxivana Platform fails to process your instructions, we are not liable. In the event of a system malfunction, our liability is limited to correcting errors and refunding any fees or charges incurred.

70. Luxivana is not liable if you are unable to complete a transaction due to any of the following:

  • Your username or password was not recognised for reasons unrelated to system faults.
  • The platform malfunctioned due to your intentional or negligent actions.
  • The platform was used in a manner inconsistent with these Terms and Conditions or any other applicable agreement between you and Luxivana.

71. Luxivana is not liable for any losses resulting from compliance with legal or regulatory obligations. We are also not responsible for assessing or paying any taxes, duties, or other charges arising from transactions between you and other Luxivana users.

Suspension

72. Luxivana may suspend your Digital Wallet at any time under the following circumstances:

  • We reasonably believe your Digital Wallet has been compromised or there are other security concerns.
  • We reasonably suspect that your Digital Wallet has been or is being used without your authorisation or for fraudulent purposes.
  • We reasonably believe you have breached any provision of these Terms and Conditions or any other agreement between you and Luxivana.
  • We have reason to believe you are violating any applicable law or regulation, whether local or international, in connection with your use of Luxivana’s Member services.
  • We have reason to believe you are involved in fraudulent activity, money laundering, terrorism financing, or other criminal conduct.

We will notify you of the suspension either in advance or, if prior notice is not feasible, promptly after the suspension—unless prohibited by law from doing so.

If Luxivana exercises its right to suspend your Digital Wallet, you are responsible for covering any losses, costs, or expenses incurred as a result of this action.

Consent to disclosure to Credit Reporting Agency, Document Issuer or Official Record Holder

73. As part of our identity verification process and in compliance with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act), Luxivana may disclose your full name, residential address, and date of birth to a service provider acting on our behalf. This service provider may share your information with a credit reporting agency to assess whether your identification details match personal information held by the agency. Additional document verification may involve checking your details with the relevant document issuer or official record holder.

74. The credit reporting agency may compare your personal information with records of other individuals (including names, addresses, and dates of birth) to complete the identity verification assessment.

75. The outcome of this assessment will be provided to Luxivana or its agent solely for the purpose of verifying your identity. If your identity cannot be verified using information held by the credit reporting agency, Luxivana will notify you and provide the name of the agency, allowing you to contact them to update your information.

76. Records of the verification request will be maintained by Luxivana and the credit reporting agency for a period of seven (7) years from the date of the request and for seven (7) years after Luxivana ceases to provide services to you. You may request access to these records at any time.

77. By clicking the checkbox confirming you have read and accepted these Terms and Conditions, you provide your express consent for Luxivana to disclose your personal information to a credit reporting agency, document issuer, or official record holder for the purposes of complying with the AML/CTF Act.

78. You have the right to opt out of this disclosure process by notifying us via email at info@luxivana.com.  If you choose to opt out, Luxivana will offer an alternative method for verifying your identity in accordance with the AML/CTF Act.

Applicable Laws

79. These Terms and Conditions are governed by the laws of New South Wales, Australia. Both you and Luxivana submit to the non-exclusive jurisdiction of the courts of New South Wales, including any courts that may hear appeals from those courts, in relation to any proceedings connected with these Terms and Conditions.

80. All interactions between you and Luxivana are subject to the provisions of the Corporations Act 2001 (Cth) and the AML/CTF Act. For further details, please refer to the Luxivana PDS. 

81. If you are identified or appear to be a Proscribed Person under applicable laws or regulations, Luxivana will not be liable for any loss, liability, or costs incurred as a result of being unable to receive or act on your instructions.

Your Commitments

82. If you are a company incorporated or registered in Australia, you warrant that Luxivana may rely on the information available through the Australian Securities and Investments Commission (ASIC) company search as being accurate and up to date at all times.

83. You agree to promptly notify Luxivana—either via email or through any facility we provide—of any changes to information relevant to your dealings or proposed dealings with us. This includes updates to your:

  • Full name
  • Postal address
  • Contact phone number and email address
  • Bank account details
  • Authorised representatives and their corresponding details

84. You acknowledge and agree that:

  • If you or any person accessing your Member rights is identified or appears to be a Proscribed Person, Luxivana may immediately:
    • Refuse to process or complete any transaction or dealing;
    • Suspend the provision of any product or service;
    • Restrict access to or use of any asset held by us;
    • Refuse to make any assets available to you or any other Proscribed Person or entity;
    • Terminate our relationship with you.

Luxivana will not be liable for any loss or damage resulting from these actions. These rights are in addition to any other rights we may have under applicable law.

  • If we exercise these rights, you agree to reimburse Luxivana for any damages, losses, costs, or expenses incurred, including administrative costs and any costs associated with the sale or purchase of transactions undertaken to comply with these Terms and Conditions.
  • You must notify Luxivana immediately upon becoming aware of any error or omission related to your use of the Luxivana Platform, including Member services and your Digital Wallet. You are responsible for taking prompt action to mitigate any further loss. Time is of the essence in all dealings with us.
  • When referring others to the Luxivana Platform through any referral program, you acknowledge that you are acting independently and not on behalf of Luxivana. You undertake such referral activity at your own risk.

Severance

85. If any provision of these Terms and Conditions is found to be void, invalid, or unenforceable—whether due to unfairness or any other reason (such as a decision by a court, tribunal, or regulatory authority)—the remaining provisions will continue to apply as if the void or unenforceable part had never existed.

Contact Information

86. These Terms and Conditions are publicly available on the Luxivana website at www.luxivana.com 

87. If you have any concerns about material that appears on the Luxivana website, please contact us using the details below:

Luxivana Exchange Pty Ltd
Address: Level XX, XXX George Street, Sydney NSW 2000 Australia
Email: info@luxivana.com
Website: https://www.luxivana.com 

Definitions

88. Capitalised terms not otherwise defined in these Terms and Conditions have the meaning given in the Luxivana PDS. 

89. A “Proscribed Person” means any individual or entity who:

  • Appears to Luxivana to be in breach of laws in any jurisdiction relating to anti-money laundering or counter-terrorism financing;
  • Is listed by any government or regulatory authority as a person with whom dealings are prohibited;
  • Acts on behalf of, or for the benefit of, a person described in either of the points above.