Terms and Conditions

Effective Date: 10/08/2023

Updated Date:  Not required initially

Please read these Terms and Conditions (“Terms and Conditions” or “Agreement”) carefully before using Lumigy’s products and services or Lumigy’s website. Your use of our goods and services and our website is conditioned upon your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all customers, visitors, users and others who access or use our products and services and this website (collectively the “Services”).

By using our Services, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access the Services.

1. GENERAL

a. Thank you for visiting Lumigy (hereinafter referred to as “us”, “Company” or “we”).

b.  To know more about Lumigy, please check out our “About Us” section.
c. Please note that these Terms and Conditions contain a dispute resolution clause. Except where expressly mentioned, you agree that disputes relating to these Terms and Conditions or your use of the Services will be governed by this dispute resolution clause. You waive your right to participate in litigation or class-action lawsuit or class-wide arbitration.   

d. By accepting this Agreement, you affirm that you are a major and fully competent to enter into this Agreement, and to abide by and comply with this Agreement. In case you are a minor, you can use our Services only with the consent of your parents or legal guardian (s).

e. By agreeing to these terms and conditions, you agree to the processing and storage of your personal information in accordance with our Privacy Policy. In the event of any inconsistency between these Terms and Conditions and the Privacy Policy, the privacy policy shall prevail.

2. APPLICABLE TERMS

a. Your use of this Services is subject to Lumigy’s Terms and Conditions, Lumigy’s Privacy Policy, any applicable laws, rules, and regulations (whether national or international).  

b. These Terms and Conditions constitute the whole agreement between us for the purposes of accessing this Services. At certain places, you may be asked to agree to additional terms and conditions. Those additional terms and conditions are hereby incorporated into these Terms and Conditions. Where those terms are inconsistent with these Terms and Conditions, the additional terms shall prevail at all times.

3. REGISTRATION

a.  You may sign up as a registered user in order to buy our products or avail our Services.

b. To become a registered user of this Services, you may be required to submit personal information such as your first name, last name, gender, date of birth, and email address. We handle and use your personal information in accordance with our Privacy Policy. We encourage you to read our privacy policy carefully. In the event of any inconsistency between these Terms and Conditions and the Privacy Policy, the Privacy Policy shall prevail as far as data protection is concerned.

c. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your device. We will not be responsible if someone hacks into your account or steals your personal information. You undertake not to create more than one account.

d. Lumigy’s accounts are not transferable and therefore you agree to not sell, transfer, or exchange membership accounts or subscriptions in any way or under any circumstance.

e. By registering as a user of Lumigy, you warrant that: (i) You are legally capable of entering into binding contracts; (ii) Your use of our Services does not violate any rules, laws or regulations. (iii) All information submitted by you at the time of registration is truthful and accurate; (iv) You will maintain the accuracy of such information.

4. PRICING AND PAYMENTS  

a. We are free to charge any price for our products and services available on this Services. It is the duty of end users, buyers, and customers to make timely payments in order to avoid any inconvenience.

b.  We reserve the right to cancel your order if you do not make the payment. Refunds for partial payments may be made on a case-by-case basis.

c. We reserve the right to set-off or to adjust the payments for any unpaid invoices.

d. We reserve the right to charge interest for any late payments or for any unpaid invoices.

e. For any questions related to pricing and payments, please write to us at hello@lumigy.com.au

5. DELIVERY OF GOODS AND SERVICES

a. Upon the receipt of full payment (or as the case may be), we will aim to deliver the products and services in a timely. However, we will not be held liable if there is any delay in delivering the goods and services which is beyond our reasonable control.

b. We reserve the right to charge a delivery fee for the products and services.

c. We will not be held liable if the goods are lost, destroyed, or damaged while in transit.

d. The customer undertakes and agrees to provide a proof of delivery of goods and services if asked.

6. GOODS AND SERVICES

a. Unless we receive a notice, the goods and services will be deemed to be accepted by the customer within 7 days of delivery of the goods. If we do not hear from you during the 7-day period, we will consider that you are satisfied with the quality of the goods and services.

b. Nothing included in this clause, affects the customer’s rights under the applicable Australian Consumer Law particularly for any alleged failure of a guarantee.

7. PROHIBITIONS AND RESTRICTIONS

Your use of the Services is contingent upon the following:

a. You agree to use the Services in such a way that it does not interrupt, interfere, harm, damage, destroy or limit the functionality of our business, our products and services, or this Services. Such acts could include but are not limited to uploading, posting, emailing, sharing, sending, or transmitting any content that contains software viruses or any other computer code, files or programs.  

b.  You agree not to interfere with any connections which our Services may have with any third-party Services, networks, or servers.  

c. You agree not to access the Services in an unauthorized manner.

d. You agree not to impersonate any person while using this Services and conduct yourself in an offensive manner.

e. You agree not to use the Services for any illegal purposes including but not limited to unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes.

8. INTELLECTUAL PROPERTY RIGHTS  

a. All content contained in this Services is owned by Lumigy or our affiliates and/or third-party licensors, where applicable). You agree that you cannot use this material without our explicit authorization.

b. This content (images, videos, logos, and others) available on this Services is solely for your personal use. You are prohibited from using this content for commercial purposes without written authorization (which may be withheld). You may write to us at hello@lumigy.com.au to seek consent for using our Services for commercial purposes.  

c. We may remove commercial advertisements, affiliate links, and other forms of solicitation without notice and may terminate your account.  

d. You agree not to download, copy, republish or transmit any content without our prior written authorization.

e. You are allowed to share the content available on this Services on your personal social media channels such as Facebook, Twitter, etc. subject to any copyright restrictions imposed by the copyright owner. For the avoidance of doubt, it is best to seek the consent of the copyright owner before posting their content. It is also a good idea to attribute the author of the work.  

f. You undertake not to do anything on this Services which infringes upon someone else’s copyright, trademarks, trade secrets, and proprietary information without their written authorization. We reserve the right to remove any infringing material posted by you if we are notified of any infringement by the intellectual property owner or their legal agent or representative.

g. This Services may allow users to submit content to us. For example, you may be able to upload a profile picture, post comments in the community and at other places. We will retain the rights over this user generated content in order to operate, market, and promote the Services. You grant us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, royalty free, worldwide license to use, copy, distribute, publicly perform, publicly display, print, publish, republish, modify, translate and create derivative works of such user generated content.  This license also grants us the right to sublicense the user generated content to other users so that they are able to use this content from time to time.

h. Lumigy®, the Lumigy logo, and all other Lumigy’s product or Services marks are trademarks of Lumigy. All intellectual property, trademarks, logos, images, music product or catalogue displayed or referred to in the Services belongs to Lumigy. You are prohibited from using, altering, removing or copying such material including Lumigy’s logo, brand, or service mark.  

9. DISCLAIMERS

a. To the best of our capability, we undertake to provide high quality lightning products and services. We will not be held liable if you do not like our products or services or if you do not find them to be of the requisite quality. If you think that there are any defects or technical issues with our products or services, please contact us at hello@lumigy.com.au.

b. The customer understands and agrees that the use of our goods and services is at their risk. To the full extent allowed by law, our liability for breach of any term implied into these Terms and Conditions is excluded.

10. RETURNS AND REFUNDS

a. Subject to the Australian consumer law, the customer may return the goods only in the following circumstances:

(i) If the goods are not supplied in accordance with the description, quality or quantity set out in the purchase order;

(ii) it has provided us with a written notice of its claim;

(iii) the goods have not been specifically ordered, manufactured, modified, or customised in whole or in part for the Customer.

b. Any written notice under this provision must: (i) state the original invoice number and date for the goods; (ii) be made within 7 days of the date of delivery or collection of the goods; and (iii) be accompanied by payment for the Restocking Fee.    

c. The customer will be responsible for any fees (including but not limited to shipping fees, packaging fees, restocking fees, and others) associated with returning the goods to us.

11. ADDITIONAL CHARGES AND CANCELLATION FEES

a. We may require the customer to pay additional charges in case we incur any costs resulting from reliance on inadequate or incorrect information provided by the customer.

b. We may impose additional charges or restocking fees if the customer varies or cancels the order subject to the following terms: (i) after placing an order, the Customer has 3 business days to cancel the order without incurring a restocking fee; (ii) if an Order is cancelled after 3 days, we may impose a Restocking Fee in accordance; (iii) the previously mentioned two clauses do not apply to orders for goods specially designed, manufactured or modified to a customer’s specification or goods designed, manufactured or modified by us; (iv) cancelled orders for goods specially designed, manufactured or modified to a customer’s specification or goods designed, manufactured or modified by us are subject to a cancellation fee as specified on the purchase order or on the quote.

c. We may also impose additional charges if: (i) the customer requires us to store the goods for more than 14 days; (ii) for packing and handling charges not included in the purchase order or in the quote; (iii) any other incident or occurrence due to which we incur a loss or additional costs which are not included in the initial purchase order or in the quote.

d. For the purposes of this Agreement, Restocking Fees will be calculated as follows:

(i) For our standard product range, a 20% Restocking Fee will be applied. This will be calculated based on the price of the goods as specified in the purchase order or in the quote. If there is no purchase order or quote, the price of the goods as mentioned in the purchase order will be taken into consideration.

(ii) For goods which are not in the company’s standard product range, a 50% Restocking Fee will be applicable. This will be calculated based on the price of the goods mentioned in the quote or in the purchase order. If there is no purchase order or quote, the price of the goods as mentioned in the purchase order will be taken into consideration.  

12. THIRD PARTY LINKS

a. We may provide links to other products, services or websites for you to access. You agree that any access is at your sole discretion and purely for informational purposes. Neither do we review nor do we endorse those products, services, or websites. We will not be held liable for any breach occurring due to your access of those products, services, or websites including but not limited to: (i) privacy breach (ii) copyright infringement (iii) the quality of content, products advertising, goods or other materials available on those products, services, or websites.

b. We will also not be responsible if there is any damage, loss, or offense caused or alleged to be caused due your access to these third-party products, services or websites.

c.You must not create a link to our Services in such a way as to suggest any form of association, approval or endorsement on our part as none exists. We have the sole authority to consent to any third-party linking to our Services. If you wish to establish a link to our Services or enter into a commercial partnership with us, please send us an email at: hello@lumigy.com.au. 

d. If we discover that you have linked your products, services, or website without taking our written authorization, we reserve the right to terminate your account and withdraw your access to the linking functionality.

13. END USER LICENSE

a. We grant you a limited, non-exclusive, revocable license to share the content available on our website only for your personal use and for non-commercial purposes.

b. The content available on this Services should only be used in accordance with these Terms and Conditions, our Privacy Policy, and the applicable laws.  

c. You agree that you will not make the content available on this Services to the public without our written authorization. This Services (including the content) and all products and services available on this Services is solely owned by Lumigy and your use of them must be in accordance with these Terms and Conditions.

14. GUARANTEE ON AVAILABILITY

a. Our ability to provide the products and services available on this Services to you depends upon several factors including but not limited to availability of inventory, technical reasons, market conditions, and others. Therefore, we do not guarantee that the products and services available on our website will be available at all times or in perpetuity.  

b. Your access to the Services may be occasionally restricted to allow for updates, maintenance or the introduction of new features. We will restore our Services as soon as is reasonably possible in the circumstance (s) of the case.

15. WARRANTIES

a. In addition to any applicable manufacturer’s warranty, we warrant that all goods or services supplied by us will be free from defects in workmanship and in good working order for a period of 1 year from the date an invoice is issued to the customer in respect of the goods, unless an extended warranty has been granted by the Company in writing (Warranty Period).

b. Notwithstanding anything contained in these Terms and Conditions, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. The customer is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

c. We do not warrant the operation of our goods and services. The customer must read and follow any instruction manuals and instructions provided by us. If the customer fails to do so it may invalidate this warranty.

d. The warranty does not apply to any third-party goods or services not provided by us.

16. NO REPRESENTATIONS

a. The customer acknowledges and agrees that it has not relied on any representations, inducements or statements made by us regarding the supply of any goods or services.

b. The customer acknowledges and agrees that it has satisfied itself that the goods and services are fit for the purpose it requires them for.

17. LIMITATION OF LIABILITY

a. Under no circumstance shall Lumigy, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with the use of our goods and services, whether such liability is under contract, tort or otherwise.

b. Under no circumstance shall Lumigy including its officers, directors and employees be liable for any indirect, consequential or special liability arising out of or in any way related to your use of our products and services, this Services, or related to these Terms and Conditions.

18. ASSIGNMENT AND SUB-LICENSE

a. We may transfer, assign, and sublicense our rights and obligations under these Terms and Conditions to any company, firm or person at any time provided it does not materially affect your rights under it.

b. You may not transfer, assign, and sublicense your rights or obligations under these Terms and Conditions to anyone else as they are personal to you.

19. INDEMNIFICATION

You agree to indemnify us (including our officers, employees, directors, agents, contractors, sub-contractors, and others) to the fullest extent possible from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms and Conditions.

20. SEVERABILITY

If any provision of these Terms and Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

21. VARIATION OF TERMS

We may reserve the right, at our sole discretion, to modify, suspend, cancel, or replace these Terms at any time. It is your responsibility to keep yourself updated about recent changes.  

22. WAIVER

If there is a delay on our part in exercising our rights under these Terms and Conditions, such delay will not constitute as a waiver of that right or any other rights under these Terms and Conditions.  

23. DISPUTE RESOLUTION

Please read these paras carefully as they require you to resolve any disputes in good faith with Lumigy. It also limits your ability to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim.

a. If you have any question, complaint or concern (s) regarding these Terms and Conditions or this Services, you can contact us at: hello@lumigy.com.au 

b. In the event of any dispute or claim arising out of or relating to the use of your personal information, you will attempt in good faith to negotiate a written resolution of the matter directly between the parties. If the matter remains unresolved for sixty days after notification (via email, certified mail or personal delivery) that a dispute exists, the parties will attempt to resolve the matter via mediation. The parties shall mutually agree to appoint a mediator.

c. The mediator will have the exclusive authority to determine the rights and liabilities of both the parties to the mediation. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The award of the mediator is final and binding upon both the parties.

d. Except as required by law, you waive any constitutional or statutory rights to go to court and have a trial in front of a judge or jury. Rather, you agree to resolve any disputes by mediation.  

e. You waive your rights to a jury trial unless required by law.  

f. You agree to bring any claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or consolidated action.

24. CONFIDENTAILITY  

a. The customer agrees not to disclose any confidential information unless required by law.

b. The customer must notify us immediately once it becomes aware of any breach of confidentiality in respect of the confidential information. The customer also agrees to take all reasonable steps necessary to prevent further unauthorised use or disclosure of the confidential information.

c. For the purposes of this section, confidential information means all information disclosed by us to the customer (inclusive of these Terms and Conditions and the prices of the goods and services). It excludes information that: (i) is public knowledge or becomes available to the customer from a source other than us; or (ii) is rightfully known to, or in the possession or control of the customer and not subject to an obligation of confidentiality in accordance with these Terms and Conditions.

25. TITLE AND RISK OF GOODS

a. The title in the goods supplied by us will pass on to the customer only once we receive all the payments related the goods. If payment is made by way of cheque or other negotiable instrument, title in the goods will not pass to the customer until the cheque or other negotiable instrument has been honoured or cleared by the bank.

b. In the event that the customer is required to return any goods to the Company, risk in the goods passes to the Company on confirmation of receipt of the goods by the Company.

26. GST

The prices of goods and services may not include the GST. If GST is payable on the delivery of any goods or services pursuant to these Terms and Conditions, the customer agrees to pay the GST.

27. ENTIRE AGREEMENT

These Terms and Conditions including any legal notices and disclaimers, constitute the entire agreement between us in relation to your use of this Services, and supersedes all prior agreements and understanding with respect to the same subject matter as outlined in this Agreement.

28. CHOICE OF LAW  

a. These Terms and Conditions are governed by the laws of Australia.

b. These Terms and Conditions shall consider conflict-of-laws principles.

29. NOTICES & COMMUNICATION

a. These Terms and Conditions are subject to change at any time without notice. Please review these Terms and Conditions periodically to make sure that you are aware about the changes. We will not be held responsible if you are not aware about the recent changes to these Terms and Conditions. The recent changes can be found at the top of this policy.

b. These Terms and Conditions are effective from August 2023. If you have any questions related to these Terms and Conditions or about Lumigy, please contact us at hello@lumigy.com.au.  

These Terms and Conditions are effective as of August 2023.  

Lumigy is located in Australia.