Last updated: 17 October 2019
The Terms constitute a legally binding agreement between you and Luno Pte. Ltd., which is a company incorporated under the laws of Singapore. For further information on Luno Pte. Ltd., and its operating subsidiaries, please see the Company Information page on the Luno website. For the purposes of these Terms, any reference to “we” “us” “our” “Luno” and/or any similar term shall be construed as reference to Luno Pte. Ltd.
By registering for and opening a Luno Account, you unconditionally accept these Terms and agree to be bound by and act in accordance with them. You also accept and agree that you are solely responsible for understanding and complying with all laws, rules, regulations and requirements of the jurisdiction in which you live that may be applicable to your use of the Luno Site and/or your Luno Account, including but not limited to, those related to export or import activity, taxes or foreign currency transactions. Depending on your country of residence, you may not be able to use all the functions of the Luno Site.
Please read these Terms carefully before using the Luno Site because they affect your legal rights and obligations.
Luno may amend the Terms from time to time. You should visit the Luno website regularly to check when the Terms were last updated (as displayed at the top of this document) and to review the current Terms. We will do our best to notify you of any amendments to the Terms that we consider likely to materially affect your rights and obligations. Any such notice will be posted on the Luno Site, or sent by email to the address associated with your Luno Account (see Electronic Communications).
The continued use of your Luno Account, after any amendment to these Terms, constitutes your acceptance of the Terms, as modified by such amendment. If you do not accept the Terms, or any amendment to them, you must immediately stop using the Luno Site and your Luno Account.
By opening a Luno Account, you expressly warrant and represent that:
Any capitalised terms used in this Eligibility section shall have the meaning given to them in these Terms. Reference in these Terms to “Local Currency” means fiat or government issued currency (e.g. GBP, EUR, ZAR).
By opening a Luno Account you accept and agree that Luno may, without further notice and in its sole discretion, terminate, suspend or restrict the account of any customer who uses, or who we reasonably suspect may be using, the Luno Site or any Luno Account in a manner that is inconsistent with the letter or spirit of these Terms.
Before using the Luno Site, you should ensure that you understand the risks involved in buying, selling or trading cryptocurrencies. Cryptocurrency markets can be volatile and prices can fluctuate significantly, which could result in sudden and significant increases or decreases in the value of your assets. This market volatility and other risks involved in buying, selling or trading cryptocurrencies are explained on the risk warning page of the Luno website. There may be additional risks not identified in these Terms or in the risk warning.
You should carefully assess whether your financial situation and risk tolerance is suitable for buying, selling or trading cryptocurrency. You accept and agree that you are solely responsible for any decision to buy, sell, trade or otherwise hold or deal with cryptocurrency.
You accept and agree that:
You may at any time withdraw your consent to receiving Communications electronically by contacting [email protected]. You acknowledge that failure to give, or withdrawing, consent to receiving Communications electronically puts the security of your Luno Account at risk (see Account Security) and that Luno reserves the right to close your Luno Account in the event you fail to give, or withdraw, your consent to the receipt of Communications electronically.
Luno implements and maintains the highest standards of Know Your Customer (“KYC”) processes and controls as part of our commitment to combating fraud and assisting in the prevention of money laundering and terrorist financing. While our industry is largely unregulated, Luno voluntarily adheres to local and international compliance standards in relation to customer due diligence, as explained on the Compliance page of the Luno website.
To ensure we meet these standards, our customers are required to provide certain personal details and documents when opening a Luno Account (“Identity Verification”). The nature and extent of the Identity Verification required will depend upon which of our supported countries you are resident in, and the deposit and withdrawal limits that you wish to apply to your Luno Account. In certain circumstances, Luno may also perform enhanced due diligence (“EDD”) procedures in relation to your Luno Account. You accept and agree that you will remain subject to such procedures at all times.
Luno reserves the right to, at any time:
You accept and agree that there may be delays in accessing your Luno Account, or in carrying out transactions through your Luno Account, while we undertake any Identity Verification and/or EDD procedures.
Retention of information. Luno is required to retain certain information and documentation obtained as part of the Identity Verification and EDD procedures. These requirements apply even when you have terminated your relationship with Luno. We reserve the right to keep such information and documentation for the required period and you accept and agree that information and documentation you provide to Luno may be retained by us, including following the closure of your Luno Account.
The Luno Wallet allows you to send, receive and store cryptocurrency (together, “Luno Wallet Transactions”).
Supported Cryptocurrencies. The Luno Wallet is only available in relation to the cryptocurrencies that Luno, in its sole discretion, decides to support (“Supported Cryptocurrency” or “Supported Cryptocurrencies”). Information about the Supported Cryptocurrencies can be found on the Supported Cryptocurrency page on the Luno website. The Supported Cryptocurrencies may change from time to time. Under no circumstances should you attempt to carry out a Luno Wallet Transaction in relation to a cryptocurrency other than a Supported Cryptocurrency. In particular, but without limiting the generality of the foregoing, you accept and agree that you will have no access, entitlement or claim:
Local Currency in your Luno Wallet. Local Currency deposited into your Luno Wallet (see Deposits) is solely for (1) the purchase of Supported Cryptocurrencies and/or (2) Withdrawal to an approved bank account (see Withdrawals). In certain countries we may also allow you to purchase specific goods and/or services from selected third parties using your Local Currency balance. You accept and agree that any such purchase will be subject to these Terms.
Proceeds from the sale of Supported Cryptocurrencies will be credited to your Local Currency Luno Wallet, less any applicable fees (as explained in Fees, and on the Fees and Features page of the Luno website). Luno does not pay interest on Local Currency or Supported Cryptocurrency balances held in your Luno Wallet.
Transaction instructions. Luno will process Luno Wallet Transactions according to your instructions. You accept and agree that Luno does not:
Receiving cryptocurrency. You may receive Supported Cryptocurrency into your Luno Wallet by providing the sender with a receive address generated in your Luno Wallet. Your Luno Wallet will only be credited with Supported Cryptocurrency sent to a receive address generated through your Luno Wallet and associated with that Supported Cryptocurrency. For example, your Luno Wallet will be credited with ETH when it is sent to an ETH receive address generated through your Luno Wallet.
Funds received in error. In the event you know, suspect, or should reasonably know or suspect, that any Local Currency or cryptocurrency has been credited to your Luno Wallet (or to any bank account) in error, you must immediately notify Luno of the error by submitting a ticket through the Help Centre. You accept and agree that you have no claim or entitlement to any Local Currency or cryptocurrency received in error, and must immediately return such funds in accordance with the instructions received from Luno.
Where your identity has been verified (in accordance with the Identity Verification requirements), you may deposit Local Currency into your Luno Wallet by depositing funds into a Luno bank account (a “Deposit”). The Luno bank account into which you make a Deposit will be a segregated account used exclusively for the purpose of holding and processing customer funds. Subject to these Terms, you retain a right to any funds you deposit into the Luno bank account until such time as your funds are used or withdrawn.
Details of the Luno bank account into which you must make the Deposit will be provided to you by Luno, and any such bank account will be held and operated by a Luno operating entity in your country or region (for more information on these entities, see the Company Information page on the Luno website). You accept and agree that any information you provide to Luno may be shared with such local entity, which will process Local Currency transactions in accordance with Luno’s instructions.
The payment methods by which you may Deposit Local Currency will depend upon the country you are in, and are set out on the Fees and Features page of the Luno website (for the purposes of these Terms, the “Supported Deposit Methods”). Where you have made a Deposit using a Supported Deposit Method, and have adhered to the Deposit Requirements (explained below), your Deposit will be allocated to your Luno Wallet.
Due to legal and operational constraints, you must strictly adhere to the following Deposit requirements (the “Deposit Requirements”):
You agree to abide by the Deposit Requirements and agree and accept that failure to do so may cause delay in or failure of any Deposit reflecting in your Luno Wallet, and/or restriction, suspension or termination of your Luno Account.
Allocation of deposits. When you request to make a Deposit through your Luno Wallet, you will be provided with a Reference Number or Unique Deposit Amount. To permit timely and successful allocation of a Deposit to your Luno Wallet, you must use the Reference Number or Unique Deposit Amount when you make a deposit using a Supported Deposit Method. Luno will not be responsible for any delay in or non-allocation of Deposits to your Luno Wallet where you fail to specify the required Reference Number or Unique Deposit Amount.
Deposits may take time to reflect in your Luno Wallet due to bank processing times, operational processes, and/or failure by you to adhere to the Deposit Requirements. Under no circumstances will Luno have any liability to you in relation to any delay in or failure of a Deposit reflecting in your Luno Wallet.
Luno will make all reasonable efforts to allocate Deposits that do not meet the Deposit Requirements. However, any Deposits less than the Minimum Unallocated Deposit Amount that cannot be allocated within a one month period will be retained by Luno and you accept and agree that you shall have no further claim or entitlement to such funds. The Minimum Unallocated Deposit Amount shall until otherwise determined by Luno be USD10.00 or the equivalent in your Local Currency.
Where you have added your bank account details to your Luno Account, you may withdraw funds from your Luno Wallet to your bank account (a “Withdrawal”). Luno will process Withdrawals in accordance with your instructions. You are solely responsible for ensuring that any Withdrawal instructions provided to Luno, including the relevant bank account number, are complete and correct and you accept and agree that under no circumstances will Luno be under any obligation to reverse or amend any Withdrawal.
Luno will make all reasonable efforts to process Withdrawals each business day, in accordance with the Deposit and Withdrawal Schedule on the Luno website, but you accept and agree that Luno provides no guarantee in relation to the Withdrawal processing period.
Withdrawals to the bank account of any third party are expressly prohibited. You agree not to make, or attempt to make, any Withdrawal of funds from your Luno Wallet to the bank account of a third party and accept that any such Withdrawal may be refused and/or result in the restriction, suspension or termination of your Luno Account.
Luno Wallet holders may use the Instant Buy or Sell service to buy or sell a chosen amount of Supported Cryptocurrency at the quoted exchange rate.
In using the Instant Buy or Sell service, you accept and agree that:
Before confirming any Instant Buy or Sell transaction, you must ensure that the amount of Supported Cryptocurrency to be bought or sold is correct and that you agree to the quoted exchange rate. Luno cannot reverse an executed order.
Luno reserves the right to delay or refuse any Instant Buy or Sell transaction if, in our sole discretion, we perceive there to be a risk of fraud or illegal activity, or where we have reasonable grounds on which to suspect an error may have been made. Luno shall have no liability to you in connection with any delay in or non-completion of an Instant Buy or Sell transaction.
The Luno Exchange is an order book exchange platform for cryptocurrencies that is intended for use by customers with experience in and/or knowledge of similar platforms. Any person using the Luno Exchange does so entirely at their own risk.
The Luno Exchange is not offered to customers in all jurisdictions. This section of the Terms applies to you if you access and/or use the Luno Exchange. In accessing and/or using the Luno Exchange for any purpose, you agree and accept that:
Luno may, at any time and in our sole discretion, refuse any trade, impose limits on the trade amount permitted, or impose any other conditions or restrictions upon your use of the Luno Exchange that we deem necessary. We may, for example, limit the number of open orders that you may establish or restrict trades from certain locations. Luno reserves the right to take such action without prior notice.
Special note for our Malaysian customers:
Luno has implemented a circuit breaker on the Luno Exchange operated in Malaysia (the “Circuit Breaker”). You agree and accept that:
The fees applicable to transactions undertaken on the Luno Site can be viewed on the Fees and Features page of the Luno website. Luno reserves the right to change our fees at any time and will update the Fees and Features page accordingly. In certain circumstances, and at our sole discretion, Luno may notify selected customers of a specific fee change, where we consider a change to be of particular relevance to such customers.
Send and Receive fees. You may be charged a fee to send Supported Cryptocurrency from your Luno Wallet and/or to receive Supported Cryptocurrency into your Luno Wallet. Fees will apply where Supported Cryptocurrency is sent to or received from a Supported Cryptocurrency address (e.g. a Bitcoin address); no fees will apply where Supported Cryptocurrency is sent to or received from a mobile telephone number or email address. Please see the Fees and Features page of the Luno website for further information on send and receive fees.
Deposit and Withdrawal fees. All Withdrawals from your Luno Wallet will incur a fee. Such fees differ by country and are set out on the Fees and Features page of the Luno website. Some Deposits made using a Supported Deposit Method may incur a fee, as set out on the Fees and Features page. Such fees will be displayed in your transaction history upon completion of the transaction.
Instant Buy and Sell fees. The quoted exchange rate in relation to any buy or sell order placed using the Instant Buy and Sell service will include an amount to reflect Luno’s facilitation of the relevant trade, the percentage of which will vary with market conditions (see Instant Buy or Sell).
Trade fees. Luno applies a Maker / Taker fee structure for customers using the Luno Exchange, which is explained in the Luno Help Centre. Please consult the Fees and Features page of the Luno website for further information on applicable Maker and Taker fees. Luno will, at the time of any transaction on the Luno Exchange, notify you of any fees that will apply to the transaction. By proceeding with any transaction, you accept and agree to the applicable fees. Such fees will also be displayed in your transaction history upon completion of the transaction.
Luno takes security very seriously and the measures we have in place to protect your Luno Account are explained on the Security page of the Luno website. However, you are solely responsible for:
Failure to take the above measures, and any other security measures available to you, may result in unauthorised access to your Luno Account and the loss or theft of any cryptocurrency and/or Local Currency balances held in your Luno Wallet or any linked bank account(s) and/or saved credit or debit card(s). Luno shall have no liability to you for or in connection with any unauthorised access to your Luno Account, where such unauthorised access was due to no fault of Luno, and/or any failure by you to act upon any notice or alert that we send to you.
The security of your Luno Account may be compromised, or interruption caused to it, by phishing, spoofing or other attack, computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment. Luno strongly recommends that you regularly use reputable virus screening and prevention software and remain alert to the fact that SMS, email services and search engines are vulnerable to spoofing and phishing attacks.
Care should be taken in reviewing messages purporting to originate from Luno and, should you have any uncertainty regarding the authenticity of any communication, you should log in to your Luno Account through the Luno website (specifically, https://www.luno.com, and not any other domain name or website purporting to be, or to be related to, Luno) to review any transactions or required actions.
To the maximum extent permitted by applicable law, you accept and agree that you have full responsibility for all activity that occurs in or through your Luno Account and accept all risks of any unauthorised or authorised access to your Luno Account.
Private keys. Luno securely stores all Supported Cryptocurrency private keys (“Private Keys”) associated with any Luno Account. You accept and agree that Luno shall retain full ownership and control of the Private Keys associated with your Luno Account and that you shall have no control of, access to, or the ability to use, such Private Keys. For example, but without limiting the generality of the foregoing, Luno will not:
While we will do everything we can to provide continuous operations, Luno does not provide any warranty in relation to the availability of the Luno Site or your Luno Account. Without limiting the generality of the foregoing, we do not guarantee continuous access to the Luno Site or your Luno Account and make no representation that the Luno Site, Luno API, your Luno Account and/or any products or services offered therein will be available without interruption; or that there will be no delays, failures, errors, omissions or loss of transmitted information.
When you use your Luno Account to send or receive cryptocurrency, the transaction must be confirmed and recorded in the public ledger associated with the relevant cryptocurrency network (e.g. the Bitcoin network or the Ethereum network). That cryptocurrency network is solely responsible for verifying and confirming any such transactions. Luno cannot confirm, cancel or reverse transactions on a cryptocurrency network, other than confirming to you that the network has completed the transaction. You accept and agree that:
Network protocols and operating rules. The underlying software protocols that govern the operation of the Supported Cryptocurrencies are open source. Accordingly, anyone can use, copy, modify, and distribute them and Luno has no ownership of or control over these protocols. By using the Luno Site, you accept and agree that:
Local Currency deposited into your Luno Wallet may only be used for the purchase of Supported Cryptocurrencies and/or Withdrawal to an approved bank account (see The Luno Wallet). You must not use your Luno Wallet for the purpose of storing Local Currency. Where any Local Currency in your Luno Wallet is not used for a period exceeding three months, Luno may charge and obtain from you an Inactivity Fee of USD2.00 per month (or the equivalent in your Local Currency), which shall be collected from the Local Currency held in your Luno Wallet. Should we have reasonable grounds on which to suspect you are using your Luno Wallet primarily for the purpose of storing Local Currency, Luno reserves the right to restrict, suspend or terminate your Luno Account.
Unclaimed property. In the event any funds are held in your Luno Wallet(s) and Luno has no record of any use of your Luno Account for several years, and we are unable to contact you, the law in your jurisdiction may require us to report and deliver such funds to the relevant authorities as unclaimed property. To the extent permitted by applicable law, Luno reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds.
You may close your Luno Account by submitting a closure request via the Help Centre. Luno will action such requests once (i) the sum of all Local Currency and cryptocurrency balances in your Luno Wallet(s) is below the Minimum Closure Amount; and (ii) no transactions have taken place in your Luno Account for a period of at least 30 days. Such requirements are designed to protect you from loss and Luno will not action a closure request until they are satisfied.
You accept and acknowledge that, once your Luno Account is closed:
If at the date of closure of your account any Local Currency or cryptocurrency remains in your Luno Wallet(s) (i.e. funds amounting to less than the Minimum Closure Amount), you accept and agree that Luno shall retain such funds and that you shall have no further claim to them. The Minimum Closure Amount shall be USD10.00 or the equivalent in your Local Currency.
You accept and agree that Luno shall not be liable to you or any third party in relation to the closure of your Luno Account, the termination of access to your Luno Account, or for the deletion of your information or Luno Account data.
Luno reserves the right to restrict, suspend or terminate your Luno Account where:
Luno will make all reasonable efforts to provide you with notice of any decision to restrict, suspend or terminate your Luno Account, unless we are prevented from doing so by any legal or regulatory process or requirement, or where doing so may compromise Luno’s security and/or risk management procedures. You accept and agree that Luno is under no obligation to disclose to you the fact of or reason for any decision to restrict, suspend or terminate your Luno Account, and shall have no liability to you in connection with the restriction, suspension or termination of your Luno Account.
Account termination. Where Luno elects to terminate your Luno Account in accordance with the above, we shall (except where legally obligated not to) return your available cryptocurrency and/or Local Currency balances to you pursuant to the procedure set out below:
This section 19 applies to any use of Luno’s Application Programming Interface and any associated documentation or materials (together, the “Luno API”, see the Luno API page of the Luno website). Any use of the Luno API is subject to this section and, for the avoidance of doubt, the Terms in their entirety.
Any use of the Luno API is entirely at your own risk. It is your responsibility to keep any API keys, passwords or other credentials relating to your use of the Luno API secure, and you accept and agree that you take full responsibility for any and all requests made over the API, whether authorised by you or not.
Luno sets and enforces limits on your use of the Luno API (e.g. limiting the number of requests per second). You accept and agree that any circumvention of, or attempt to circumvent, these limits, or any use of the Luno API that may adversely affect other users of the Luno Site, may result in Luno, at its sole discretion, revoking your API access.
Where market data is provided to you through the Luno API, you are not permitted to redistribute or sell such data without the prior written consent of Luno.
Under no circumstances does any information contained on the Luno Site, or provided to you through your Luno Account or by any employee, agent or affiliate of Luno, constitute financial, investment or other professional advice.
You are solely responsible for any decision to store, buy or sell cryptocurrency, and such decision should take into account your risk tolerance and financial circumstances. For more information on the risks involved, see Risks and the Risk Warning on the Luno website. You should consult your legal or tax professional in relation to your specific situation.
You are solely responsible for determining whether, and to what extent, any taxes apply to any transactions you carry out through your Luno Account, and for withholding, collecting, reporting and remitting the correct amounts of tax to the appropriate tax authorities.
Your use of the Luno Site is subject to international export controls and economic sanctions requirements. By undertaking any activity on the Luno Site or through your Luno Account, including but not limited to sending, receiving, buying, selling, storing or trading any cryptocurrency, you agree that you will at all times comply with those requirements. In particular, and without any limitation to the generality of the foregoing, you may not open, use, or have access to any Luno Account if:
You must not use your Luno Account to undertake any of the activities or categories of activity set out in this section (each a “Prohibited Activity”):
By opening a Luno Account, you confirm that you will not use your account to undertake any of the above-listed Prohibited Activities or any similar or related activity.
Activities subject to the prior written approval of Luno. Unless you have obtained the prior written approval of Luno, you accept and agree that you will not use your Luno Account to conduct or operate any of the following business activities or categories of activity:
We reserve the right to restrict, suspend or terminate your Luno Account if we suspect, in our sole discretion, that you are using, or have used, your Luno Account in association with any of the activities listed above, or any similar or related activity, without having obtained the prior written approval of Luno.
The Luno Site, your Luno Account and any related products or services are offered on a strictly “as-is” and “where-available” basis and Luno expressly disclaims, and you waive, all warranties of any kind, whether express or implied. Without limiting the generality of the foregoing, the Luno Site, your Luno Account, and any related products or services are offered without any warranty as to merchantability or fitness for any particular purpose.
Some jurisdictions do not allow the disclaimer of implied terms in consumer contracts, so some or all of the disclaimers in this section may not apply to you.
In no event shall Luno, its operating entities or any other affiliates (including their respective directors, members, employees or agents) be liable to you for any direct, indirect, special, consequential, exemplary or punitive damages or any other damages of any kind, including but not limited to loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, whether in contract, tort or otherwise, arising out of or in any way connected with your use of, inability to use, or unavailability of the Luno Site and/or your Luno Account, including without limitation any damages caused by or resulting from any reliance upon any information received from Luno, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorised access to Luno’s records, programmes or services.
In no event will any liability of Luno, its operating entities or any other affiliates (including their respective directors, members, employees or agents) arising in relation to your use of the Luno Site or your Luno Account, exceed (in aggregate) the fees earned by Luno in connection with your use of your Luno Account in the six month period immediately preceding the event giving rise to the claim for liability.
The above limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the limitations in this section may not apply to you.
To the maximum extent permitted by law, you agree to indemnify Luno, its operating entities or any other affiliates (including their respective directors, members, employees and/or agents) against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred directly or indirectly arising from your use of or conduct in relation to the Luno Site and/or your Luno Account, or from your violation of these Terms.
You may elect to purchase or sell USD Coin ("USDC") through Luno. USDC is governed by Centre, a membership-based consortium founded by Circle Internet Financial Limited (“Circle”) that sets technical, policy and financial standards for USDC (“Centre”). By acquiring USDC, you acknowledge that you will become the owner of the balance held in your USDC wallet and that, accordingly, you agree to abide by any rules or technical standards set by Centre and/or the applicable USDC issuer, including (without limitation) the Circle USDC Agreement (located at support.usdc.circle.com). For the avoidance of doubt, Luno is not the issuer of USDC, does not hold US Dollars on reserve for USDC holders, and has no obligation to repurchase or redeem your USDC for any fiat currency. Any redemption of USDC should be done against the issuer directly. Luno reserves the right to change, suspend, or discontinue any service in relation to USDC at any time, without notice and without attracting any liability therefor.
You and we agree to notify the other party in writing of any claim or dispute that arises in relation to the Luno Site, your Luno Account or these Terms, within 30 days of such claim or dispute arising. You and we further agree to attempt informal resolution of any Dispute prior to bringing a claim in any court or other body.
Governing law and jurisdiction. This agreement shall be governed by and construed in accordance with Singapore law, subject to any local mandatory rights you may have. You and we agree to submit all disputes, claims or controversies (including non-contractual Disputes, claims or controversies) arising out of or in connection with these Terms, or the breach, termination, enforcement or interpretation thereof (together, Disputes), to the non-exclusive jurisdiction of the courts of Singapore.
Class or representative action waiver. To the maximum extent permissible by law, you and Luno each agree that each may bring any Dispute against the other only in your or its individual capacity, and you and it waive any right to commence or participate in any class action or other representative action or proceeding against the other. Further, where permissible by law, unless both you and Luno agree otherwise, no court may consolidate any other person’s claim(s) with your Dispute, and may not otherwise preside over any form of representative or class proceeding.
For the avoidance of doubt, if this Class or representative action waiver is found by any court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Disputes clause shall remain valid and enforceable.
Entire agreement. These Terms constitute the entire agreement and understanding between you and Luno with respect to their subject matter and supersede any and all prior discussions, agreements and understandings of any kind between you and Luno (including but not limited to any prior versions of these Terms).
Severability. If any provision of these Terms, as amended from time to time, is determined to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected and everything else in these Terms will continue in full force and effect.
In the event any provision or part thereof of these Terms is determined to be illegal, invalid or unenforceable, that provision or part thereof shall be replaced by the parties with a legal, valid and enforceable provision or part thereof that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision, given the content and purpose of these Terms.
Assignment. You may not assign or transfer any of your rights or obligations under these Terms without Luno’s prior written approval. You give Luno your approval to assign or transfer these Terms in whole or in part, including but not limited to: (i) a subsidiary or affiliate; (ii) an acquirer of Luno’s equity, business or assets; or (iii) a successor by merger.
Change of control. In the event that Luno is acquired by or merged with a third party, we reserve the right to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
Force Majeure. Luno shall not be liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control.
Survival. All provisions of these Terms that by their nature extend beyond the expiry or termination of these Terms, including but not limited to, sections relating to the suspension or termination of your Luno Account, use of the Luno Site, disputes with Luno and general provisions, shall survive the termination of these Terms.
Headings. Section headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms.
English language controls. Notwithstanding any other provision of these Terms, any translation is provided solely for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretation in the English language. Any translation provided may not accurately represent the information in the original English.