These terms (Terms) tell you the terms which apply when using the LUME website https://lumeapp.io and mobile applications (the LUME Platform). By using the LUME Platform, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the LUME Platform.
The LUME Platform is intended to help organisations understand issues relating to mental wellbeing and to help organisations put strategies in place to improve mental wellbeing and employee engagement and satisfaction. It is for informational purposes only, it is not intended as a substitute for medical or other professional advice.
The LUME Platform is aimed at people 16 years of age and older and you should only use the LUME Platform if you are aged 16 years or over. We make no warranties or representations about the accuracy, usefulness, or effectiveness of the LUME Platform and we will not have any responsibility or liability for any consequences arising directly or indirectly from any action or inaction taken based on the LUME Platform.
The terms "LUME", "we", "us" and "our" refer to LUME Solutions Limited, a company registered in England and Wales with company number 12555031 with its registered address at 49 Nicander Road, Liverpool, England, L18 1HU. You can contact us at hello@lumeapp.io. "You", "Your", "User" or "Users" refers to you as a user of the LUME Platform.
These Terms refer to the following additional terms, which also apply to your use of the LUME Platform:
We amend these Terms from time to time. Every time you wish to use the LUME Platform, please check these Terms regularly to ensure you understand the terms that apply at that time.
Minor Changes. We may make minor changes to these User Terms or the LUME Platform:
These changes will not materially affect your use of the LUME Platform.
Significant Changes. In the event we make any significant changes to these User Terms or the LUME Platform we will take all reasonable steps to notify you or your organisation in advance.
We do not guarantee that the LUME Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the LUME Platform for business and operational reasons.
By using the LUME Platform you agree the following:
Using your account. In activating your account, we ask that you provide complete and accurate information. You may not impersonate someone else (e.g. adopt the identity of someone else), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.
Your information is accurate. You represent and warrant to us that any information you provide to LUME, including any contact information, is accurate and that you will keep it accurate and up to date
Communications from LUME. By creating an account, you agree to receive communications about important administrative issues relating to your account (including feature and service announcements, technical, security-related, privacy and functional issues)
Mobile Phone Use. You are responsible for all fees charged by third parties to access and use the LUME Platform (e.g. charges by telephone service providers. Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any provider you use in connection with your use of the LUME Platform (such as data, SMS, MMS, roaming, and other applicable fees charged by your provider).
You may use the LUME Platform only for lawful purposes. You may not use the LUME Platform:
You also agree:
You should keep your login and password information safe and treat such information as confidential. You must not disclose it to any third party. We have the right to disable any account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you know your login and password, you must promptly notify us at hello@lumeapp.io.
We are the owner or the licensee of all intellectual property rights in the LUME Platform and all material published in connection with it. The LUME Platform is protected by copyright laws and all such rights are reserved to LUME.
You must not copy, modify or download any part of the content on the LUME Platform without obtaining a licence to do so from us or our licensors (which we may refuse to grant). There may be occasions where we expressly permit you to download content for free or as part of a subscription, where this is the case this will be made clear on the LUME Platform.
If you print off, copy or download any part of the LUME Platform in breach of these Terms, your right to use the LUME Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
"User Content" means any and all information and content that you submit to the LUME Platform (e.g. survey response, wellbeing data system and daily check-in). You are solely responsible for your User Content. You assume all risks associated with use of your User Content in accordance with these Terms, including any reliance on its accuracy, completeness or usefulness by others. Please note that "aggregated" and/or "anonymised" data are not "User Content. Our Privacy Policy sets out how we collect, use and share data, and it also explains how we use "aggregated" and "anonymised" data.
"LUME" and all other names, logos, and icons identifying LUME and its programs, and services, including any logos, page headers, icons, designs, or trade dress and whether not appearing in large print or with an accompanying symbol, are proprietary trademarks of LUME and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Other company names mentioned herein may be the trademarks and/or service marks of their respective owners. The use of any trademarks contained on the LUME Platform without the express written permission of LUME is strictly prohibited, and nothing stated or implied on the LUME Platform confers on you any license or right under any trademark of LUME or any third party.
LUME takes confidentiality extremely seriously and will keep all data collected in connection with the LUME Platform secure and confidential and shall only disclose confidential data if you have consented to this in writing unless exceptional circumstances apply (for example anyone reporting serious self harm or posing a threat to themselves or others).
The LUME Platform is made available to you on an "as is", "with all faults" and "as available" basis. As such, your use of the LUME Platform is at your own discretion and risk. LUME makes no claims or promises about the quality, accuracy, or reliability of the LUME Platform, its safety or security, or the LUME Platform content. Accordingly, LUME is not liable to you for any loss or damage that might arise, for example, from the LUME Platform's inoperability, unavailability or security vulnerabilities. Although we make reasonable efforts to update the information on the LUME Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the LUME Platform is accurate, complete or up to date.
To the extent permitted by law, LUME expressly disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice provided to you by a representative of LUME shall create a representation or warranty. Without limiting the foregoing, LUME does not warrant or make any representations (i) that the LUME Platform and any downloadable software, content, services, or applications made available in conjunction with or through the LUME Platform will be uninterrupted or error-free, that defects will be corrected, or that the LUME Platform and any downloadable software, content, services, or applications made available in conjunction with or through the LUME Platform or the server that makes them available are free of viruses or other harmful components, or (ii) regarding the use of the LUME Platform and any downloadable software, content, services, or applications made available in conjunction with or through the LUME Platform in terms of correctness, accuracy, reliability, or otherwise. Any material or data that you are permitted to download or otherwise obtain through the LUME Platform is at your own risk. You are solely responsible for any damages to your computer system or loss of data resulting from the download of such material or data.
Your sole and exclusive right and remedy in case of dissatisfaction with the LUME Platform, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the LUME Platform.
LUME is not an agent of any third-party provider. LUME makes no claims or promises with respect to any third party, including our information sharing partners or any businesses or advertiser listed on LUME Platform. Accordingly, LUME is not liable to you for any loss or damage that might arise from the actions or omissions of such third parties, including, for example, if another user or business or individual misuses your content, identity or personal information.
Where the LUME Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
We exclude all implied conditions, warranties, representations or other terms that may apply to the LUME Platform or any content in connection.We will not be liable to you 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:
If applicable law does not permit exclusion of all damages, then your direct damages arising out of or relating to your use of LUME Platform shall be limited to £100.
If applicable law does not permit exclusion of all damages, then your direct damages arising out of or relating to your use of LUME Platform shall be limited to £100.
You agree to indemnify us and our officers, directors, employees, partners, agents, affiliates and licensors from all liabilities, claims, and expenses, including reasonable legal fees (Claims), that arise from your breach of these Terms or your use or misuse of the LUME Platform or any content contained on LUME Platform. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification, in which event you will cooperate with us in asserting any available defences.
We do not guarantee that the LUME Platform will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access the LUME Platform. You should use your own virus protection software.You must not misuse the LUME Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the LUME Platform, the server on which the LUME Platform is stored, or any server, computer or database connected to the LUME Platform. You must not attack the LUME Platform 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 the LUME Platform will cease immediately.
When we consider that a breach of these Terms has or may occur, we may take such action as we deem appropriate which may include, but not be limited to, taking all or any of the following actions:
By sending us any ideas, suggestions, documents or proposals (Feedback), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against LUME and its users any claims and assertions of any moral rights contained in such Feedback.
Losing Rights to the LUME Platform. We may close your account, suspend your ability to use certain portions of the LUME Platform, and/or ban you altogether from the LUME Platform for any or no reason, and without notice or liability of any kind including if you are in breach of these Terms. Any such action could prevent you from accessing your account, the LUME Platform, or any other related information.
Terms Continue After Termination. In the event of any termination of these Terms, , these Terms will continue in full force and effect.
We may transfer these Terms to someone else. We may transfer our rights and obligations in respect of the LUME Platform to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operatesseparately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Governing Law and Jurisdiction. These Terms are governed by English law and under the jurisdiction of the English courts.
Last updated 7th October 2020
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