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TERMS & CONDITIONS

Please read these website terms of use ("these terms") carefully as they govern your use of www.luminessa.co.uk 

("our website"). By accessing, browsing, registering with or using our website, you are acknowledging that you have read, understand and agree to be bound by these terms.

By using our website you accept these terms

By using our website, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our website. We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

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

  • Our Privacy Policy, which sets out the terms on and the lawful basis upon which we process any personal data we collect from you, or that you provide to us. By using our website, 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 website.

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

 

We amend these terms from time to time. We will upload the most current version on our website as soon as possible after the revised terms become effective. Every time you wish to use our website, please check these terms to ensure you understand the terms that apply at that time.

We may update and change our website from time to time to reflect changes to the website content, our products or services, our users' needs and our business priorities.

We may make suspend or withdraw our website. Our website is made available free of charge. We do not guarantee that our website, 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 our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

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

Our website is directed to people residing in the United Kingdom. We do not represent that content available on or through our website is appropriate for use or available in other locations.

You must keep your account details safe. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code, password, or account whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@luminessa.co.uk

How you may use material on our website. We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

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

You must not use any part of the content on our website for commercial purposes.

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

Information on this website is for general information only. The content on our website is provided for general information only. We take reasonable care to ensure that all details, descriptions, images and prices of products appearing on the website are correct, but we do not represent, warrant or guarantee that information on our website is complete, accurate or up to date. No content on our website is 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 website.

We are not responsible for websites we link to. Where our website contains links to other websites 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 websites or resources.

User-generated content is not approved by us. This website may include information and materials uploaded by other users of the website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our website do not represent our views or values.

Our responsibility for loss or damage suffered by you. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied.

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.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in Terms and Conditions of Supply.

If you are a business user

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our website or any content on it.

  • 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:

use of, or inability to use, our website; or

use of or reliance on any content displayed on our website.

  • In particular, we will not be liable for:

  • special losses and/or damages even if Luminessa Home Fragrance was or is aware of the circumstances in which such special damage could arise;

  • loss of actual profits and/or anticipated profits (whether direct and/or indirect);

  • loss of actual or anticipated revenue (whether direct and/or indirect);

  •  loss of actual or anticipated savings;

  •  loss of goodwill;

  • loss of business opportunity;

  • loss of customers;

  • incidental, consequential, incidental, punitive, exemplary and/or indirect losses and/or damages of any kind howsoever arising and whether or not they are foreseeable, foreseen or known;

  • loss of reputation;

  • business interruption and/or

  • damage, loss, and/or corruption of data and/or information

If you are a consumer user:

Please note that we only provide our website for domestic and private use. You agree not to use our website 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.

Uploading content to our website. Whenever you make use of a feature that allows you to upload content to our website, or to make contact with other users of our website, you must comply with the content standards set out in our Rules in respect of Acceptable Use below.

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. 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 website 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 and other users of our website a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload below.

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 website constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

Use Disclaimer

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 are solely responsible for securing and backing up your content.

Rights you are giving us to use material you upload

When you upload or post content to our website, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of and display your content in connection with the services provided by our website.

We are not responsible for viruses and you must not introduce them

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

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

You must not misuse our website 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 our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website 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 website will cease immediately.

Rules about linking to our website

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 website in any website that is not owned by you.

Our website must not be framed on any other website, nor may you create a link to any part of our website 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 set out in our Rules in Respect of Acceptable Use below.

If you wish to link to or make any use of content on our website other than that set out above, please contact info@luminessa.co.uk

Rules in Respect of Acceptable Use

A. Use of our website

You may use our website only for lawful purposes. You may not:

• use our website in any way that breaches any applicable local, national or international law or regulation.

• use our website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

• modify, adapt, hack, interfere, damage, disrupt or gain unauthorised access to the website or parts of it, the server on which the website is stored, any equipment, any related software, system or network.

• falsely imply any sponsorship or association with Luminessa Home Fragrance or reproduce, duplicate, copy or re-sell any part of our website

• use the website in any unlawful way or for any unlawful purpose such as the violation of any person’s rights including privacy rights and rights over personal information

• use the website for the purpose of harming or attempting to harm minors in any way.

• send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.

• transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

• store and/or transmit any content that infringes any person’s rights including but not limited to intellectual property rights,

• use the website in any way that could damage, disable, overburden, impair and/or compromise the website and/or or security and/or interfere with other users and/or disrupt the integrity and/or performance of our hardware, our software, the website or Luminessa Home Fragrance and related services and/or cause or give rise to any liability for Luminessa Home Fragrance.

• attempt to decipher, decompile, reverse engineer, disassemble, reproduce, copy and/or otherwise access and/or discover the source code and/or underlying program of the website

• post, transmit, upload, link to, send and/or distribute any denial of service attack, viruses, malware, spyware, adware, Trojan horses, keystroke loggers, worms, logic-bombs, time bombs, or any other similar harmful software or applications

• use the website for the purposes of cookie tracking, ad exchanges, ad networks, and/or data brokerages in violation of applicable laws

• display, post, frame, and/or scrape the content for use on another web site, app, blog, product, platform and/or service, except as otherwise expressly permitted by these terms

• frame or scrape or in-line link to the website and/or any content and/or make use of web crawler, spidering and/or other automated means to access, copy, index, process and/or store any content made available on and/or through the website other than as expressly authorised by us

• circumvent (or try to do so) exclusionary protocols that may be used in connection with the website, and

• use (or try to do so) the website in a way that we consider in our absolute and sole discretion improper, unfair and/or unreasonable.

You also agree:

  • Not to contravene the provisions of these terms.

  • Not to access without authority, interfere with, damage or disrupt any part of our website, any equipment or network on which our website is stored, any software used in the provision of our website, or any equipment or network or software owned or used by any third party.

B. Interactive services

We may from time to time provide interactive services on our website, including chat rooms, and bulletin boards ("interactive services").

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor (and the subsequent processing of personal data which is involved) is subject to the consent of their parent or guardian in line with the requirements of Article 8 of Regulation (EU) 2016/679 (the GDPR). We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

C. Our content standards

These content standards apply to any and all material which you contribute to our website ("Contribution"), and to any interactive services associated with it.

The content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

We will determine, in its discretion, whether a Contribution breaches the content standards.

A Contribution must be accurate (where it states facts), be genuinely held (where it states opinions), comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

  • Be defamatory of any person or be obscene, offensive, hateful or inflammatory.

  • Promote violence, sexually explicit material or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

  • Infringe any copyright, database right or trade mark of any other person.

  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

  • Promote any illegal activity or be in contempt of court.

  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.

  • Be likely to harass, upset, embarrass, alarm or deceive any other person.

  • Impersonate any person, or misrepresent your identity or affiliation with any person.

  • Give the impression that the Contribution emanates from us, if this is not the case.

  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

  • Contain any advertising or promote any services or web links to other sites.

D. Breach of these Rules in Respect of Acceptable Use

When we consider that a breach of these rules in respect of acceptable use has occurred, we may take such action as we deem appropriate.

Failure to comply with these rules in respect of acceptable use constitutes a material breach of these terms upon which you are permitted to use our website, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our website.

  • Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.

  • Issue of a warning to you.

  • Legal proceedings against you.

  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of these rules in respect of acceptable use. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Which country's laws apply to any disputes?

If you are a consumer, these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that 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, their subject matter and their 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.

Our trade mark is in the process of being registered

Luminessa Home Fragrance is a UK registered trade mark. You are not permitted to use it without our approval.

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