Terms & Conditions

TERMS AND CONDITIONS OF SALE

Effective Date: May 25th 2017

This page (together with the documents expressly referred to on it) provides you with information about us and the legal terms and conditions ("Terms") on which we sell any of the products advertised on our website ("our site") ("Products") and/or provide any of the Products via one of our subscription plans ("Subscription Plans") listed on our site to you.

These Terms will apply to any contract between us for the sale of Products or the provision of Subscription Plans to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products and/or Subscription Plans from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products and/or Subscription Plans from our site.

You should print a copy of these Terms or save them to your computer for future reference.

We may amend these Terms from time to time as referred to in clause 8. Every time you wish to make an order, please check these Terms to ensure you understand the terms of your order which are applicable at that time.

These Terms, and any Contract between us, are only in the English language.

1. INFORMATION ABOUT US

1.1

We operate the website www.lumitylife.co.uk. We are Lumity Life Holdings Limited, a company registered in England and Wales under company number 09443244 and with our registered office at c/o Birketts LLP, Thirty Station Road, Cambridge, Cambridgeshire CB1 2RE.  Our trading address is 7 St Andrews Way, London, E3 3PA. Our VAT number is GB 208 5884 83.

1.2 Contacting us:

1.2.1

To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. You can e-mail us at help.uk@lumitylife.com or by post to Lumity Life Holdings Limited, Office 7, Floor 2, Tay House, 300 Bath Street, Glasgow, G2 4JR. If you are emailing us or writing to us to cancel a Contract please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then, provided you return the Products to us if they are delivered to you before or after you cancel the Contract (as detailed in clause 9.8), your cancellation is effective from the date you send us the e-mail or post the letter to us. To be entitled to a refund you must return the product in its original packaging.

1.2.2

If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing help.uk@lumitylife.com or call customer services on 0800 652 8678.

1.2.3

If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

 

2. YOUR STATUS

In order to place an order on our site, you must be a consumer, not a business or a reseller and be at least 18 years of age.

3. OUR PRODUCTS

3.1

The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.

3.2

Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.

3.3

The packaging of the Products may vary from that shown on images on our site.

3.4

All Products and Subscription Plans shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product or Subscription Plan you have ordered is not available and we will not process your order if made.

3.5

We reserve the right to cancel any customer Orders or Subscription plans at any time before a despatch confirmation is sent to the customer. You shall be entitled to a full refund if we exercise the right to cancel your order after payment has been taken during the checkout process.

3.6

Content on our site is not intended to constitute medical or pharmaceutical advice, or to be a substitute for any advice given by a licenced healthcare professional. You should contact your medical practitioner immediately if you suspect you have a medical problem, and stop using any Products or Subscription Plans that you suspect may contribute to the problem or if you experience any adverse effects. You should not use any information or statement about any of our Products or Subscription Plans to attempt to diagnose, treat, cure or prevent any medical condition.

4. USE OF OUR SITE

Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as it includes important terms which apply to you.

5. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy . Please take the time to read this policy, as it includes important terms which apply to you.

6. CONSUMER RIGHTS

As a consumer, you have legal rights in relation to Products and/or Subscription Plans that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights. You also have a right to cancel the Contract as set out below in clause 9.

7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

7.1

To place an order on our site, simply click the Product or Subscription Plan of your choice and go through the checkout procedure.

7.2

Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

7.3

After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.4.

7.4

We will confirm our acceptance to you by sending an e-mail that confirms that the Products or, where you have ordered a Subscription Plan, the first delivery of Products, have been dispatched ("Dispatch Confirmation"). The Contract between us will only be formed when we send you the Dispatch Confirmation.

7.5

If at any time prior to sending the Dispatch Confirmation, it becomes apparent that we are unable to supply you with a Product or Subscription Plan, for example because a Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 12.6, we will inform you of this by e-mail and we will not process your order. In such cases, we will refund you the full amount including any applicable delivery costs charged as soon as possible.

8. OUR RIGHT TO VARY THESE TERMS

8.1

We may revise these Terms from time to time.

8.2

Every time you order Products or Subscription Plans from us, the Terms in force at that time will apply to the Contract between you and us.

8.3

Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended.

8.4

If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products and/or Subscription Plans or just the Products and/or Subscription Plans you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant unused Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges, in respect of such unused Products.

9. YOUR CONSUMER RIGHT OF CANCELLATION

9.1

We stand by the quality of our products and we want you to be 100% satisfied with your purchase. Should you for any reason be unhappy with your purchase feel free to return the product for a full refund of the price of the product. All we ask is that you follow a few reasonable guidelines:

  • Products must be returned within 30 days of the date of despatch confirmation unless the Product shows clear signs of damage. If there is clear damage to the product please send a Photo to uk@lumitylife.comwithin 30 days of despatch confirmation and we shall organise a replacement to be sent to your address.
  • Please include a copy of your receipt (or a note with your order #, name, email address, phone number) and your reason for returning the product(s).
  • Original and Return shipping costs and handling costs are non-refundable (if applicable).
  • All returns should be mailed to:

Lumity Life Holdings Limited

Office 7, Floor 2
Tay House, 300 Bath Street

Glasgow

G2 4JR

If you have any questions please call us at 0800 652 8678 or email us at help.uk@lumitylife.com

 

9.2

Our returns policy is in addition to your consumer legal rights. If you are a consumer, you have a 14 day legal right to cancel a Contract from the day you take receipt of the products under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product or wish to unsubscribe from a Subscription Plan, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.

9.3

To cancel a Contract, you just need to let us know that you have decided to cancel, provided you return the Products to us if they are delivered to you before or after you cancel the Contract (as detailed in clause 9.8). The easiest way to do this is to email help.uk@lumitylife.com and we will e-mail you to confirm we have received your cancellation notice.

9.4

You can also post your cancellation to Lumity Life Holdings Limited, Office 7, Floor 2, Tay House, 300 Bath Street, Glasgow, G2 4JR.

If you are e-mailing us or writing to us please include details of your order to help us to identify it (your name, order number and date). If you send us your cancellation notice by e-mail or by post, then, provided you return the Products to us if they are delivered to you before or after you cancel the Contract (as detailed in clause 9.8), your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.

 

9.5

If you cancel your Contract we will:

9.5.1

refund you the price you paid for any Products or Subscription Plan; and

9.5.2

make any refunds due to you as soon as possible and in any event within 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information on how to return a Product to us, see clause 9.8.

9.6

If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us at the address specified in clause 9.8.1 below.

9.7

We refund you on the credit card or debit card used by you to pay. In exceptional circumstances, we may agree to a refund beyond the usual cancellation period. Where more than 90 days have passed since the purchase for which a refund has been agreed, these refunds will be paid via BACS transfer, and as such, we will require valid bank details in order to complete the transaction. Any refund beyond the normal cancellation period will be entirely at our discretion. 

9.8

If Product(s) were delivered to you before or after you cancel your Contract:

9.8.1

you must return the Products to us as soon as reasonably practicable to Lumity Life Holdings Limited, Office 7, Floor 2, Tay House, 300 Bath Street, Glasgow, G2 4JR, and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract;

9.8.2

unless the Products are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us;

9.8.3

you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

9.9

As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms.

10. DELIVERY

10.1

In respect of Products not forming part of a Subscription Plan, and in respect of the first delivery of Products forming part of a Subscription Plan, we aim to deliver such Products by the relevant estimated delivery date contained in clause 11 depending on the delivery option selected by you when placing the order, which will be within 30 days of the date of the Dispatch Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 17 for our responsibilities when this happens.

10.2

Delivery of all Products, whether part of a Subscription Plan or not, will be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.

10.3

You own the Products once we have received payment in full, including all applicable delivery charges. 

10.4

If we miss the 30 day delivery deadline for any Products not forming part of a Subscription Plan then you may cancel your order straight away if any of the following apply:

10.4.1

we have refused to deliver the Products;

10.4.2

delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

10.4.3

you told us before we accepted your order that delivery within the delivery deadline was essential.

10.5

If you do not wish to cancel your order straight away under clause 10.4, or do not have the right to do so under clause 10.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.

10.6

If you do choose to cancel your order for late delivery under clause 10.4 or clause 10.5, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.

10.7

If we fail to deliver Products forming part of a Subscription Plan in accordance with the delivery dates specified in our Shipping Policy, and you notify us of such failure, we shall refund you the value of the Products that were delivered late.

11. SHIPPING POLICY

11.1

We only accept orders from residents in the following regions and countries:

Europe (excludes certain non EU states) Malaysia Thailand
Australia Middle East 
Canada New Zealand
Jamaica Singapore
Japan South Africa
Hong Kong South Korea

We are unable to accept orders from residents living in the Rest of the World. In such cases, you will receive a message during checkout that we are unable to deliver to your country destination. 

11.2

We are committed to delivering Lumity to you in as short a time as possible. We provide FREE SHIPPING on our products. If you would like any additional information about deliveries please consult our FAQs section or e-mail help.uk@lumitylife.com.

We offer next day deliveries to UK mainland addresses using DPD. Please allow 3-7 days for European deliveries and 7-14 days for Rest of the World deliveries. 

All orders are processed between Monday and Friday. Please place your order before 12pm (GMT) in order for us to ship your product on that day.

FREE SHIPPING ON ALL PRODUCTS FOR ALL CUSTOMERS.

We shall ensure that your renewal is processed in time for you to receive in advance your next supply of Lumity.

11.3

You must comply with all applicable laws and regulations of the country for which the Products are destined regarding the use to which the Products are put. We will not be liable or responsible if you break any such law.

12. PRICE OF PRODUCTS, SUBSCRIPTION PLANS AND DELIVERY CHARGES

12.1

The prices of the Products and Subscription Plans will be as quoted on our site at the time you place your order. We use our best efforts to ensure that the prices of Products and Subscription Plans are correct at the time when the relevant information was posted on our site. However, if we discover an error in the price of any Product(s) and/or Subscription Plan(s) you have ordered, please see clause 12.6 for what happens in this event.

12.2

Prices for our Products when ordered individually and not as part of a Subscription Plan may change from time to time, but changes will not affect any such order which we have confirmed with a Dispatch Confirmation.

12.3

We may change the price of the Subscription Plans on giving you a minimum of 30 days' notice. We shall inform you of any such change to the price of Subscription Plans by either:

12.3.1

publishing the planned price changes on our Website; or

12.3.2

e-mailing or sending by post details of such price changes to you.

12.4

The price of a Product or Subscription Plan includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

If your delivery address is outside of the European Union, you may be required to pay import duties and taxes when your order reaches your country. These and any additional charges for customs clearance are your responsibility. All orders are fulfilled and despatched from the UK.

12.5

The price of a Product includes delivery charges.

12.6

It is always possible that, despite our best efforts, some of the Products or Subscription Plans on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that where the Product or Subscription Plan’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products or Subscription Plans to you at the incorrect (lower) price and if the Product or Subscription Plan’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product or Subscription Plan at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

13. HOW TO PAY

13.1

You can only pay for Products or Subscription Plans using a debit or credit card.

We accept the following cards for one off purchases: Visa, Mastercard, or American Express. In addition you may pay via your Paypal account removing the requirement to enter your credit or debit card details into the Lumity Life website.

We currently accept Visa, Mastercard and JCB for Auto Replenish purchases. 

13.2

Payment for the Products, Subscription Plans and all applicable delivery charges is made in full and in advance.

13.3

You may cancel your Contract for a Subscription Plan at any time. Between 9 am – 5pm; Monday - Friday, you should do this by calling us on 0800 652 8678. At any other time, you should email us at help.uk@lumitylife.com.  If you cancel your Contract for a Subscription Plan, you shall not be entitled to a refund in respect of any Products forming part of a Subscription Plan that you have already paid for, including any such Products which are awaiting dispatch.

13.4

If you enter into a Contract for a Subscription Plan, the Contract shall last for a period of one year, and shall automatically renew at the end of that year, unless terminated by you under clauses 9, 13.3 or 16.4.

13.5

By subscribing to a Subscription Plan, you authorise us to use the card details you provide to us to take an initial payment for the subscription fee for the first 4 weeks of the Subscription Plan. Thereafter, unless you cancel the Contract under clauses 9 and 13.3, we shall take recurring payments every 4 weeks for the relevant subscription fee, the first of such payments to be taken 25 days after the initial fee is taken to ensure continuous supply. If your card expires at any time, or we are otherwise unable to take payment from it, you must provide us with an alternative payment method. We reserve the right to suspend the subscription of any customer that has not paid all of their subscription fees.

13.6

We reserve the right, at our absolute discretion, not to renew your Contract for a Subscription Plan. If we choose not to renew your Contract, we shall be under no obligation to give you reasons for our refusal.

 

14. SUBSCRIPTION PLANS

14.1

If you order a Subscription Plan, you will:

14.1.1

receive regular deliveries of Products every 4 weeks in accordance with the delivery plan contained in the Dispatch Confirmation; and

14.1.2

have access to an account on our site, via the username and password you created when registering to use our site, through which you can amend or edit your delivery and billing details, and defer your subscription delivery dates or cancel Subscription Plans.

15. REFERRAL PROGRAM

15.1 Our refer a friend program is a genuine offer to reward our customers for introducing Lumity to friends and family. In order to avoid any abuse of the program there are a few conditions around it:

15.2 You may only receive referral credit when your friends and family sign up for the Auto Replenish product using your unique referral link. You will not receive credit should your friends and family order a Product(s) not using the referral link.

15.3 Referral codes can only be used when purchasing fully priced products. The user of the referral link shall receive a 20% discount off the RRP of the first order of the Lumity Auto Replenish product.

15.4 Any credit earned by sharing a referral code on a promotional code website, forum or any third party site will not be approved.

15.5 Referral codes cannot be used in conjunction with any other offers.

15.6 Each customer is permitted to refer their unique link to an unlimited number of friends and family, but the referrer shall only receive a maximum of one discount per future Auto Replenish order. For example if a referral link is used by three friends then the referrer's next three Auto Replenish orders will each receive a discount of 20% before reverting back to full price. 

15.7 You can also not refer yourself - if we suspect that you have used different email addresses or delivery addresses to get around this system, we may decide to count this as a fraudulent referral. For any referral which we deem to be fraudulent, we reserve the right to cancel the referred transaction, and to refuse to credit your existing account with any referral credit.

15.8 When sharing your unique referral link with friends and family, you may not mimic or misrepresent Lumity or otherwise mislead people to believe that they are dealing with Lumity, one of our agents or affiliates.

16. OUR LIABILITY TO YOU AS A CONSUMER

16.1

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

16.2

We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

16.3

We do not in any way exclude or limit our liability for:

16.3.1

death or personal injury caused by our negligence;

16.3.2

fraud or fraudulent misrepresentation;

16.3.3

any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

16.3.4

any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); or

16.3.5

defective products under the Consumer Protection Act 1987.

17. EVENTS OUTSIDE OUR CONTROL

17.1

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.

17.2

An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

17.3

If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

17.3.1

we will contact you as soon as reasonably possible to notify you; and

17.4

You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

18. COMMUNICATIONS BETWEEN US

18.1

When we refer, in these Terms, to "in writing", this will include e-mail.

18.2

You may contact us as described in clause 1.2.

18.3

If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

19. OTHER IMPORTANT TERMS

19.1

We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

19.2

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

19.3

This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

19.4

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

19.5

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

19.6

Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction, however we reserve the right to bring proceedings against customers in their country of residence.

19.7

We will not file a copy of the Contract between us.

 

TERMS OF WEBSITE USE

Lumity Life Holdings Limited (“We”) welcome you to our website (our site) located at www.lumitylife.co.uk or any subsequent URL which may replace it in the future.

These terms of use (together with the documents referred to in them) explain the terms by which you may use our site, whether as a guest or a registered user. Use of our site includes accessing, browsing or registering to use our site.

By using out site you acknowledge that you have read, understood, and agreed to be bound by these terms.

If you do not agree to these terms, you should not use or access this site. If you have any questions, please contact us by email at help.uk@LumityLife.com.

1. OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms, which also apply to your use of our site:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Our Cookie Policy, which sets out information about the cookies on our site.

If you purchase goods from our site, our Terms and Conditions of Supply will apply to the sales.

2. INFORMATION ABOUT US

We are registered in England and Wales under company number 09443244 and have our registered office at c/o Birketts LLP, Thirty Station Road, Cambridge, Cambridgeshire CB1 2RE. Our main trading address is Lumity Life Holdings Limited, c/o Westex Limited, 7 St Andrews Way, London E3 3PA. Our VAT number is GB 208 5884 83. We are a limited company.

3. CHANGES TO THESE TERMS

We reserve the right to revise these terms at any time by updating this page. You are encouraged to review these terms each time you use the site because your use of the site after the posting of changes will constitute your acceptance of the changes.

4. CHANGES TO OUR SITE

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

5. ACCESSING OUR SITE

Our site is made available free of charge.

We grant you a personal, limited, non-transferable and non-exclusive license to access and use the site. We reserve the right, in our sole discretion and without notice to you, to suspend or discontinue any aspect of the site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the site or restrict your access to part, or all, of the site without notice or penalty. Your continued use of the site will constitute your acceptance of any such changes.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

6. MEMBERSHIP OF THE SITE

You are invited to become a registered user of this site by signing up to a customer account.

Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your user name or password. You agree to immediately notify us in the event of any unauthorised use of your account or other breach of security.

If you know, or suspect that anyone other than you knows your user name or password, you must promptly notify us at help.uk@lumitylife.com.

We reserve the right to revoke or suspend access to your account for any reason at any time including as a result of a violation of these terms, or our Privacy Policy, without notice.

7. PROPRIETARY RIGHTS

You acknowledge and agree that the content (other than content that may be submitted by other registered users of our site), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the site are our property or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws.

You may view, print and download the contents for personal use only. The contents must not be used for commercial purposes or incorporated in any publication in any form, without obtaining a licence to do so from us or our licensors. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the site.

Our status (and that of any identified contributors) as the authors of the content on our site must always be acknowledged.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

“Lumity” is a registered trademark in the European Union protected by UK and international trademark laws with trade mark number 014266696. All other trademarks that appear at our site are the property of their respective owners. All of our site’s content is © Lumity Life Holdings Limited, 2015, all rights reserved.

8. UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards.

These content standards apply to any and all material which you contribute to our site (“contributions”), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in the next paragraph (Submitted Content).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards.

The views expressed by other users on our site do not represent our views or values.

9. SUBMITTED CONTENT

We do not claim ownership of any materials you make available through the site. With respect to any materials you submit or make available for inclusion on the site, you grant us a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant us the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libellous or otherwise unlawful, abusive or obscene material. We will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

11. DISCLAIMERS

You assume all responsibility and risk with respect to your use of the site.

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

The site, and all content, products, and other information on or accessible from or through this site or a “linked” site are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy. Specifically, but without limitation, we do not warrant that: (1) the information on this site is correct, accurate or reliable; (2) the functions contained on this site will be uninterrupted or error-free; or (3) defects will be corrected, or that this site or the server that makes it available is free of viruses or other harmful components.

We make no warranties of any kind regarding any non-Lumity Life sites to which you may be directed or hyperlinked from this site. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Lumity Life sites. We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the site.

12. INDEMNIFICATION

You agree to indemnify, hold harmless, and defend us , our parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defence, including legal costs, in any way arising from or related to your use of the site, your violation of these terms, our Privacy Policy , content posted to the site by you, or your violation of any law or the rights of a third party.

13. LIMITATION OF LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by us to you, which are set out in our Terms and conditions of supply.

14. INTERNATIONAL USE

We control and operate the site from the United Kingdom. We make no representation that materials on the site are appropriate or available for use outside the United Kingdom. If you choose to access this site from outside the United Kingdom, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

15. COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES

We specifically prohibit the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this site infringes your copyright or other intellectual property rights, you should send written notification of the copyright infringement claim to the address specified above in “Information about us”.

16. VIRUSES

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

17. LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards.

If you wish to make any use of content on our site other than that set out above, please contact help.uk@lumitylife.com.

18. THIRD PARTY LINKS AND RESOURCES IN OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

19. LAW AND JURISDICTION

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

20. CONTACT US

To contact us, please email help.uk@lumitylife.com.

 

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