Terms of Service
Last updated: 01 April 2021
These Terms of Service set out the terms under which the Lumolist service is provided by us through our mobile app (referred to in the terms as “the App”). The features of the App and any related services we provide by means of the App are referred to in these Terms of Service as “Services”.
Please read all of these terms carefully before you register for use of the Lumolist app. These terms tell you who we are, how we will provide services to you, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms or need anything explained, please contact us to discuss.
IMPORTANT DISCLAIMER: Lumolist is a tool to help you decide what equipment you need for your project. Lumolist contains details of a wide range of equipment from a wide range of manufacturers and vendors. We are not a provider of any of the equipment. We do not own any of the equipment. The App displays details sourced by us from information provided by manufacturers and vendors, including from publicly available sources. We do not accept any liability or responsibility for:
The accuracy of the information in respect of any equipment listed in the App;
The suitability of any equipment for a particular purpose;
The quality of the equipment;
The safety of any equipment; and
The extent to which you need any particular skills or qualifications to use any equipment.
We do not promote or endorse any of the equipment listed in the App.
Before you choose or use any equipment you should make all appropriate enquiries about its fitness for the purpose you want to use it for, its safety, suitability and quality.
We may amend these Terms to reflect changes in the law, the way we operate our business, or to deal with additional features which we introduce. We will notify you of any changes when you next launch the App. Any revisions to these Terms and Conditions will become effective the earlier of (i) 7 days after we notify you of the change; or (ii) the first time you access or use the Service after such notification of the change. If you are a consumer in the UK or EU, the change operates to your material detriment, and you wish to terminate your subscription as a result of the change, let us know within 28 days of our notifying you of the change by email to firstname.lastname@example.org and we will terminate your subscription and refund you any pre-paid subscription fees in respect of the remaining portion of the current subscription period.
We are Lumo One Ltd, a company registered in England and Wales. Our company registration number is 10866282. Our registered office and main trading address is 2nd Floor, Hygeia House, 66 College Road, Harrow, Middlesex, England, HA1 1BE.
How to contact us. You can contact us by writing to us at email@example.com.
How we may contact you. If we have to contact you we will do so by means of the App.
If you believe in good faith your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please contact us at firstname.lastname@example.org with details of the item in respect of which you own or control the rights, and the use you consider to infringe those rights.
1. Access to and Use of the App
1.1 Scraping or replicating any part of the App without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces - unless you have been specifically allowed to do so in a separate agreement with us.
1.2 We are giving you personally the right to use the App and the Service as set out in these Terms. You may not transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
1.3 You may only use the Services if you are at least 18 years of age. Neither the App nor the Services are designed for or directed to any person under 18 years of age.
1.4 At some point, we may wish to update the App. The requirements of Google and Apple (and for any additional systems we decide to extend the availability of the App to) for the App may change, and you’ll need to download the updates if you want to keep using the App.
1.5 You are responsible for all activities that occur under your Lumolist account. You agree to (a) immediately notify us of any unauthorised use of your account, and (b) ensure that you exit from the App at the end of each use of the Services.
2. Your Content
2.1 The Services comprise a feature enabling you to add equipment not already listed on Lumolist – this can include a description and an image of the equipment. As a condition of uploading any details of such equipment (“User Content”), by accepting these Terms you grant us (and others authorised by us) the rights to use your User Content for the purposes of providing you with the Services.
2.2 It is your responsibility to ensure you are legally entitled to upload User Content to the App. You must not attempt to upload any User Content that you are not authorised to. For example, you must not upload any material if doing so would infringe the copyright of the owner of that material, or any privacy or data protection rights of any individual.
2.3 You must not upload User Content that is unlawful. For example, any obscene material or any material which is defamatory of any person or which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
2.4 You agree to reimburse any loss, costs, expenses or damage we may suffer due to any claim arising from someone claiming that materials your User Content is not in accordance with the requirements of this Section 2. That includes any sums we have to pay to any holder of the copyright in any material you upload by means of the Services, and any related legal expenses and court costs.
3.1 You may pay for a Lumolist subscription through Apple App Store or Google Play (“Payment Method”). By purchasing a subscription to Lumolist, you authorise us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, we will have no further obligation to provide you with the Services.
3.2 If you elect to pay by means of your Apple App Store account for your subscription, the contract regarding your payment will be with Apple, but Apple is not authorised to provide you with any contract terms or other assurances that affect our obligations relating to our delivery of the Services. Our obligations to you in that respect are governed by these Terms of Service.
3.3 Subscriptions can be on a monthly or annual basis. In either case: IF YOU PURCHASE A SUBSCRIPTION, IT WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION PERIOD (UNLESS YOU CANCEL IT BEFORE THEN) AT THE SUBSCRIPTION PRICE IN FORCE AT THAT TIME. To avoid your subscription renewing in this way, you must cancel, before the end of the then-current subscription period.
3.4 To be clear - uninstalling the App will not cancel your subscription.
3.5 How to Cancel Your Subscription. If you purchased a subscription through your Apple App Store or Google Play account, you will need to access that account and follow instructions on it to cancel your subscription.
3.6 To be clear - If you cancel your subscription, you may use your subscription benefits until the end of the then-current subscription period. But you will not be eligible for a prorated refund, unless: (i) you are a UK or EU consumer exercising your 14-day right to cancel under section 3.7 immediately below, or (ii) if you purchased your subscription by means of your Apple App Store or Google Play account, you are provided the opportunity to cancel under the applicable refund policies of that account.
3.7 This section only applies to you if you are a Consumer in the EU or the UK. Under the law, you have an automatic statutory right of withdrawal from contracts for the purchase of app subscriptions like Lumolist, for 14 days after you make the purchase. You can exercise your right of cancellation by means of your Apple App Store or Google Play account.
4. Our Rights to Terminate your use of the App
4.1 We may cancel your account immediately by giving you written notice in the following circumstances:
4.1.1 You use the Services for any purpose prohibited by Section 2 (for example, for purposes which infringe the rights of others or are unlawful) or section 8.6 (for example, you re-sell the Services to any third party);
4.1.2 You fail to make a payment for the Services; or
4.1.3 You breach these Terms in a material way.
5. Changes to the App and the Services
5.1 Lumolist will change over time. We make improvements or changes in the App or the Services, including the feature set and the subscription fees, at any time and for any reason at our sole discretion.
6. Our Responsibility for Loss or Damage suffered by you if you are a customer
6.1 This clause 6 only applies to you if you are a consumer.
6.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you purchase your subscription, both we and you knew it might happen.
6.3 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services; and for defective products under the Consumer Protection Act 1987.
6.4 If a defect in the App damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
6.5 We are not liable for business losses. If you are a consumer, we only supply the Services to you for domestic and private use. If you use the Services for any commercial, business or re-sale purpose our liability to you will be limited as set out in Section 7.
7. Our Responsibility for Loss or Damage suffered by you if you are a Business
7.1 This clause 7 only applies to you if you are not a consumer.
7.2 Nothing in these Terms shall limit or exclude our liability for:
7.2.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
7.2.2 fraud or fraudulent misrepresentation;
7.2.3 for defective products under the Consumer Protection Act 1987; or
7.2.4 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
7.3 Except to the extent expressly stated in Section 7.2 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
7.4 Subject to Section 7.2:
7.4.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
7.4.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of £100 and the total sums paid by you for Services in the previous 12 months.
8. Intellectual Property Rights of Lumolist and Equipment Vendors and Manufacturers
8.1 Subject to these Terms, and your payment of any subscription fees applicable to your use of the App, we grant you a limited, non-exclusive, non-transferable, revocable license to make personal use of the App.
8.2 The App contains copyright images of equipment, and other content protected by intellectual property, of manufacturers and vendors from whom it has been sourced (together “Equipment Content”). All rights, title and ownership in and to the Equipment Content remain with the relevant manufacturer or vendor or its licensors, as applicable.
8.3 Except for any Equipment Content and User Content, all right, title and ownership in and to the App and the Services remains with us or our licensors.
8.4 The rights to download and use the App are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with these Terms.
8.5 You agree that you will not and you will not assist or permit any third party to:
8.5.1 copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, decompile, or disassemble the App in any way, or create derivative works of the App;
8.5.2 use the App or the Services to create any tool or software application that can be used to create software applications of any nature whatsoever that compete with any of the Services;
8.5.3 rent, lease, loan, make available to the public, sell or distribute the App or the Services in whole or in part;
8.5.4 make any use of Equipment Content outside of the App; or
8.5.5 circumvent any technology used to protect any content accessible through the App.
8.6 You may not make the App or any Services or Equipment Content available to the public.
9. APPLE – The Following Terms Apply Additionally if You Access The App on an Apple Device
9.1 Acknowledgement: You and we acknowledge that these Terms of Service are concluded between you and us only, and not with Apple, and we, not Apple, are solely responsible for the App and the content thereof.
9.2 Scope of License: The licence granted to you under section 8.1 above is limited to use of the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
9.3 Maintenance and Support: You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
9.4 Warranty: We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will (as between us and Apple) be our sole responsibility.
9.5 Product Claims: You and we acknowledge that we, not Apple, are responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
9.6 Intellectual Property Rights: you and we acknowledge that (as between us and Apple), in the event of any third party claim that the App or your possession and use of that App infringe that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim. To be clear, this does not affect your obligation to reimburse us under section 2.4 above.
9.7 You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
9.8 Third Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the App (for example, the terms of your fixed line or mobile internet provider.
9.9 You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these terms of Service, and that, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary thereof.
10. Your Feedback
10.1 We welcome your suggestions for improvement regarding the App and the Services. If you provide any such suggestions, you authorise us to use it in the App and the Services without any obligation to you of confidentiality, payment or otherwise. For this reason, you must not send us any suggestions that you do not wish us to be able to freely use in this way.
11. Other Important Terms
11.1 Except for you and us, nobody else has any rights under these Terms. No other person shall have any rights to enforce any of its terms.
11.2 If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.3 Even if we delay in enforcing these Terms, we can still enforce them 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. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
11.4 If you are a consumer: These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts. If you are a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms of Service, including this section 11.4, affects your rights as a consumer to rely on such mandatory provisions of local law.
11.5 If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
12. CONTACT INFORMATION
If you have any questions about the Terms, please email us at email@example.com.
Last updated: 01 April 2021