Last Updated: January 1, 2020
Thanks for visiting the LUMEHRA (“Lumehra”, “we”, “us”) website, a platform which facilitates the sale of LUMEHRA products (the “Products”). This document sets forth the terms and conditions that apply to our use of the Site (as defined below). By using or accessing the site and/or purchasing the Products, whether manually or by automated means, you agree to these Terms (as defined below). If you have any questions or concerns, please do not hesitate to contact us.
By accessing the Site, viewing Content or by using any of the Services or by using any Site applications (including mobile and desktop applications), you agree to be bound by these Terms, which govern the relationship between you and LUMEHRA in relation to the Site and the Services (“Agreement”). These Terms affect your legal rights and obligations. If you do not agree to the Terms, please do not use the Site.
When the term is used herein, “Services” include, but are not limited to, any service or Product we make available to or perform for you through the Site.
Changes to this Agreement
We may revise these Terms from time to time and the most current version will always be posted to our website. If a revision is, in our sole discretion, material we will notify you at the e-mail address you have most recently provided to us. By continuing to access or use the Site and Services, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, please stop using the Site and/or Services.
General Use and Site License
The Site and Services are intended for use only by those individuals who are at least the age of majority in their jurisdiction (the “Age of Majority”). If you are not the Age of Majority or older, you are not authorized to use the Site and Services without the permission and supervision of your parent or legal guardian. If you are under the Age of Majority, you warrant that you have the express permission of your parent or legal guardian to use the Site and the Services. If you are a parent or legal guardian and have authorized a minor to use the Site and Services, you agree that you are responsible for the online conduct of the minor, and for the consequences of any misuse of the Site and/or Services by the minor.
You agree that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and/or Services and all charges related thereto. We shall not be liable for any damages to your or any user’s equipment, or for any data charges resulting from the use of this Site.
Changes to Pricing Policy; Services.
LUMEHRA reserves the right to change its pricing policy and structures at any time and from time to time; such changes are effective when LUMEHRA posts the same to the Site. LUMEHRA may, in its sole discretion, change some or all of Services at any time. In the event LUMEHRA introduces a new product or service, the pricing for that product or service is effective at the launch of the product or service. Unless otherwise stated, all fees are quoted in CDN Dollars.
Accurate Information; Registration and Passwords; URLs
In consideration of your use of the Site and Services, you agree to: (a) provide accurate information as prompted on the Site or through the Services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or LUMEHRA has reasonable grounds to suspect that such information is inaccurate, LUMEHRA may suspend or terminate your use of the Services and/or the Site and/or decline to permit your continued use of the Site and/or the Services and future access to the Site and/or the Services.
To access certain parts of the Site or Services, you may be required to open an online account with LUMEHRA, in which case you will have to create a username and password and to provide registration information, including a valid e-mail address, name, phone number and address.
You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your credentials and are solely responsible for all activities (whether by you or by others) that occur under your credentials. You must notify LUMEHRA immediately of any unauthorized use of your password or account or any other breach of security. LUMEHRA assumes no liability for any loss or damage arising from any unauthorized use of your credentials by a third party.
If you are a business, government, or non-profit entity, the person whose e-mail address is associated with the account at the time of registration must have the authority to bind you to this Agreement.
If you are under the Age of Majority then you must obtain the permission of your parent or legal guardian prior to registering an account. Your parent or legal guardian will then be responsible for your online conduct, and the consequences of any misuse of the Site.
You must immediately notify LUMEHRA upon becoming aware of any unauthorized access or any other security breach to the Site or the Services and do everything possible to mitigate the unauthorized access or security breach (including preserving any evidence and notifying appropriate authorities). You are solely responsible for securing your password. LUMEHRA will not be liable for any loss or damage arising from unauthorized access of your account resulting from the failure to secure your credentials.
As a condition to using the Site and/or Services, you promise not to use the Site and/or Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably foreseen to have been intended by LUMEHRA. By way of example, and not as a limitation, you agree not to use the Site and/or Services:
in any way that is false, inaccurate or misleading;
in any way that is fraudulent or otherwise involves the sale of illegal or stolen goods;
to collect and use product listings, descriptions or images;
to abuse, harass, threaten, impersonate or intimidate any person;
to post or transmit, or cause to be posted or transmitted on or through the Site, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, violent or that infringes any copyright or other right of any person;
for any purpose (including posting or viewing content) that is not permitted under the laws of the jurisdiction in which you use the Services;
to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user of the Site or Services;
to reverse engineer, decompile or disassemble the site, or to convert into human readable form any of the contents of this site not intended to be so read, including but not limited to using or directly viewing the underlying code for the site except as interpreted and displayed in a web browser;
to create or transmit unwanted ‘spam’ to any person or any URL;
to violate or attempt to violate the security of the Site and/or Services;
with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes or might impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
to promote or sell products or content unless specifically authorized in writing by LUMEHRA to do so;
to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site to become users of other on- or offline services directly or indirectly competitive or potentially competitive with LUMEHRA;
to interfere with or attempt to interfere with the proper working of the Site and/or Services;
to sell or otherwise transfer your account;
to interfere in any way with the business of any other user of the Site; or
in any other way that violates these Terms.
LUMEHRA shall have the right, but no obligation, to monitor the content and your activities on the Site and/or Services to determine compliance with these Terms and any other operating rules we establish.
We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, or to refuse any purchase orders that in LUMEHRA’s sole discretion is inappropriate, objectionable or in violation of these Terms.
LUMEHRA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Site and/or Services, whether it is provided by LUMEHRA, our employees, or a third party. Under no circumstances will LUMEHRA be liable for any loss or damage of any kind caused by reliance on information obtained through the Site or Services. Neither LUMEHRA nor any third party content provider shall assume or have any liability for any action or inaction by LUMEHRA or any third party content provider with respect to any conduct, communication or posting on the Site and/or Services.
LUMEHRA may terminate or suspend any and all Services and/or your user account immediately, without prior notice or liability, including without limitation if you breach the Terms. Upon termination of your account, your license will be revoked and your right to use the Site and/or Services will immediately cease. If you wish to terminate your LUMEHRA account, you may simply discontinue using the Site and/or Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity and limitations of liability.
For greater certainty, any obligation on your part to pay a fee to LUMEHRA or its Payment Partners pursuant to these Terms or any other agreement between you and LUMEHRA shall survive termination or suspension, whether by you or LUMEHRA. Any fee so payable will remain payable and your failure to pay such fee within a reasonable time shall be deemed to constitute a breach of your agreement with LUMEHRA and may result in legal action. Furthermore, your failure to pay any such fee shall be a ground for termination of your license to use the Site.
The Site and/or Services may provide, or third parties may provide, links to other websites or resources. Because LUMEHRA has no control over such sites and resources, you acknowledge and agree that LUMEHRA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that LUMEHRA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or goods or services available on or through any such site or resource.
Intellectual Property Rights
Unless you are advised otherwise, everything you see or read on the Site and/or Services is subject to copyright, trade mark or other forms of legal protection owned by or licensed by third parties to LUMEHRA. Content may not be used except as provided in these Terms or in the text of the Site and/or Services without the written permission of LUMEHRA.
Images displayed on the Site and/or Services are either the property of, or used with permission by, LUMEHRA. Use of these images by you, or anyone authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Site. Any unauthorized use of such images or other Content may violate the law.
The trade-marks and logos (collectively the “Trade-marks”) displayed on the Site and/or Services are registered and unregistered Trade-marks. Nothing contained in the Site and/or Services gives you permission to use these Trade-marks, and your use of the Trade-marks is strictly prohibited. LUMEHRA reserves the right to enforce its intellectual property rights where applicable.
Each Product available on the Site has its own safety information. Ensure that you read and understand all Product labels and warnings prior to using them. LUMEHRA will not be liable for any use of the Products in contravention of the instructions included on the packaging for such Products.
Release and Indemnity
You will indemnify, defend, and hold harmless LUMEHRA against any actual or threatened third party Claim arising out of or based upon any breach of these Terms, and indemnify LUMEHRA from all damages, costs, and attorneys’ fees finally awarded in any such Claim or all amounts that you agree to pay to any third party to settle any such Claim. Your obligation under this section is contingent on:(a) Lumehra giving you prompt written notice of the Claim; (b) Lumehra granting you full and complete control over the defense and settlement of the Claim; (c) LUMEHRA providing assistance in connection with the defense and settlement of the Claim as you may reasonably request; and (d) LUMEHRA’s compliance with any settlement or court order made in connection with the Claim, provided that you may not agree to any settlement that imposes any obligation on LUMEHRA without LUMEHRA’s consent. LUMEHRA will not defend or settle any Claim eligible for indemnification under this section without your prior written consent.
You hereby expressly and irrevocably release and forever discharge LUMEHRA, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services, including, but not limited to, the use of the Products.
In no event shall LUMEHRA be liable under contract, tort, strict liability, negligence or other legal theory with respect to the Site, the Services or any Content (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) to provide substitute goods or services (however arising), or (iii) for any direct damages in excess of (in the aggregate) the amounts paid to LUMEHRA by the entity claiming liability as against LUMEHRA within the year immediately preceding the date on which such liability is alleged to have arisen.
Disclaimer of Warranties
EXCEPT AS SPECIFICALLY PROVIDED HEREIN OR SPECIFICALLY COMMUNICATED TO YOU BY LUMEHRA WITH RESPECT TO CERTAIN PRODUCTS AND/OR SERVICES OFFERED BY LUMEHRA ON THE SITE, THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES OR PRODUCTS ARE PROVIDED BY LUMEHRA ON AN “AS IS” AND “AS AVAILABLE” BASIS. LUMEHRA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES OR PRODUCTS ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LUMEHRA DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, LUMEHRA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. LUMEHRA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE.
BY USING SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, SERVICES, OR PRODUCTS ASSOCIATED THEREWITH, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. LUMEHRA DOES NOT WARRANT OR GUARANTEE THAT ITS SITE OR SERVERS OR E-MAILS SENT BY OR ON BEHALF OF LUMEHRA ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, LUMEHRA DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND LUMEHRA, OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
The Security of the Site
LUMEHRA maintains reasonable safeguards and personnel policies that are designed to guard the Site, the Services, our systems and our sellers’, customers’, business partners’ and others’ information. For example, for the security of your online visit to the Site, LUMEHRA may make use of firewall barriers, encryption techniques and/or authentication procedures.
Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while LUMEHRA strives to protect your information, it cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, LUMEHRA will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the Site.
When you visit the Site, use the Services or send emails to LUMEHRA, you are communicating with us electronically. You consent to receive communications from LUMEHRA electronically. LUMEHRA may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that LUMEHRA provides to you electronically satisfy any legal requirement that such communications be in writing.
Site is for Use in Canada
Conflict with Other Agreements
These Terms are in addition to, and do not nullify, any other agreement between you and LUMEHRA or any other applicable terms and conditions found on the Site. In the case of any direct conflict between these Terms and any other agreement between you and LUMEHRA, the provisions of such other agreement shall prevail but only to the extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Site. Notwithstanding the above, when you use a Payment Partner in order to make a payment, your use of that service is governed by their respective user agreements.
Resolution of Disputes
If a dispute arises out of, or in connection with this Agreement, the parties agree to first meet to pursue resolution through negotiation.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you have no authority of any kind to bind LUMEHRA in any respect whatsoever. The failure of any party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. LUMEHRA shall not be liable for any failure to perform its obligations hereunder, where such failure results from any cause beyond LUMEHRA’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). LUMEHRA may transfer, assign or delegate the Terms and its rights and obligations without consent.
Any of these Terms which by its nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, shall survive termination and continue in full force and effect except to the extent expressly set out in these Terms.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms and any such invalid or unenforceable term shall be deemed to be severable.
Governing Law and Language
These Terms are made under and governed by and are to be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in the Province of Ontario.
All notices or other correspondence to LUMEHRA under this Agreement must be sent to the following electronic mail address for such purpose: email@example.com.