Terms of Use Agreement

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Welcome to Lumida Ltd.'s Terms of Use Agreement.

This Terms of Use Agreement outlines very important information about the terms and conditions according to which you are able to access and use our website and associated services, so please be sure to read them carefully before proceeding to use our website or accessing our associated services. 

By using our website, you are acknowledging that you have read these Terms of Use in their entirety, understand the Terms of Use, and that you agree to be bound by these terms and conditions.

You are further acknowledging that these Terms of Use together with the Privacy Policy at www.lumida.ca/privacy represent the complete and exclusive statement of the agreement between us as it pertains to your use of our website and associated services and that it supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this agreement. 

If you have not read this agreement in its entirety, do not understand the contents of this agreement, or do not agree to be bound by any of the terms or conditions in this agreement, you may not access or use our website or Services.

1. Definitions

For the purposes of this agreement, “Site” refers to the Lumida Ltd.’s website, which can be accessed at www.lumida.ca

Services” refers to all use of the Site by the user and all other services accessed by the user via the Site. 

The terms “we,” “us,” and “our” refer to Lumida Ltd. 

You” refers to you, as a user of our Site or our Services. 

The following Terms of Use apply to all use of our Site and to all access of the Services.

2. Your privacy

Lumida Ltd. respects the privacy of its users. Please refer to Lumida Ltd.’s Privacy Policy (found here: www.lumida.ca/privacy ), which explains how we collect, use, and disclose information that pertains to your privacy. 

When you access or use the Services, you signify your agreement to the Privacy Policy as well as these Terms of Use.

3. Modification of the Terms of Use

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.

4. Rules for access and use restrictions

The Site is intended for use by persons located within Canada and the USA and is not intended for use by persons from outside those locations.

We are providing you with access to the site on a temporary basis only. We reserve the right to withdraw your access to the Site at any time and for any reason, and we also reserve the right to remove or amend any of the information contained on this Site or accessed via the Services.

We will not be liable if the Site is at any point in time and for any period or duration of time unavailable, regardless of the reasons therefore. 

You agree and acknowledge that you are solely responsible for making whatever arrangements are necessary for you to access the Site or the Services. You also agree that you will be solely responsible for ensuring that any persons accessing our Site via your Internet connection are fully aware of these Terms of Use and that they are at all times in compliance with them.

Your permission to use the Site and access the Services is conditioned upon the following use, posting, and conduct restrictions.

You agree that you will not under any circumstances:

  • access the Service for any reason other than your own use solely as permitted by the normal functionality of the Service;
  • collect or harvest any personal data of Lumida Lrd. or of any user of the Site or the Services;
  • use the Site or the Services for the solicitation of business in the course of trade or in connection with a commercial enterprise;
  • distribute any part or parts of the Site or the Services without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
  • use the Service for any unlawful purpose or for the promotion of illegal activities;
  • attempt to, or harass, abuse or harm another person or group;
  • use another user’s account without permission;
  • provide false or inaccurate information at any time, including when registering an account, submitting a form via our website, or otherwise making contact with us;
  • interfere or attempt to interfere with the proper functioning of the Site of our Services;
  • make any automated use of the Site, the Services, or related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • circumvent, disable or otherwise interfere with any security-related features of the Site or the Services;
  • publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.

5. Posting and content restrictions

When you use our Site or otherwise access our Services, you may be able to provide information, images, photographs, notes, documents, videos, or other such written or design-based content (“User Content”) to us. You are solely responsible for the User Content that you post, upload, link to or otherwise make available to us. 

We also reserve the right to remove any User Content from the Site at our sole discretion and to prohibit you from providing any further User Content. 

We grant you permission to use and access our Services, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms. 

By transmitting and submitting any User Content while using the Services, you agree as follows:

  • You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
  • You will not post or otherwise distribute information that is malicious, libelous, false or inaccurate; 
  • You will not post or otherwise distribute any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • You retain all ownership rights in your User Content but you are required to grant the following rights to Lumida Ltd.  as set forth more fully under the “License Grant” and “Intellectual Property” provisions below: When you upload or post User Content to the Site or while accessing our Services, you grant to Lumida Ltd. a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Services;
  • You will not submit content that is subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
  • You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Site or accessing of the Services is solely your responsibility. Lumida Ltd. is not responsible for any public display or misuse of your User Content.

6. License grant

By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Lumida Ltd. a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services.

7. Online content disclaimer

Opinions, advice, statements, offers, or other information or content made available through the Site or in the course of receiving the Services, but which are not made directly by Lumida Ltd., are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. 

We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Services nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Site. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site or provided in the course of providing the Services.

Opinions, statements, analyses, reports, offers, or other information or content made by Lumida Ltd. are merely our opinion and are not to be taken as advice. If you choose to rely on such opinions or otherwise take any of them into consideration at any point in time or for any reason, you do so at your own risk. We shall not be in any way liable for anything — whether action, loss, claim, error, omission, event, or occurrence — arising as a result of your reliance upon our use of our opinions. 

Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. 

Lumida Ltd. shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.  Unauthorized use may result in criminal and/or civil prosecution.

8. Links to other sites and/or materials

As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

9. Linking to our site

If you wish to link to any content shared on the Site, you may do so provided that: 

  • You are the owner of the site where you wish to share our content or have the owner of the site’s permission to link to our content; 
  • You do not falsely claim or imply that any relationship between you and Lumida Ltd. exists;
  • You do not falsely claim or imply that Lumida Ltd. or any of its employees, contractors, collaborators, agents, or board members has endorsed you, your service, your product, or any cause or venture;
  • You do not anywhere on your site share obscene, inappropriate, violent, damaging, offensive, illegal, or otherwise objectionable content; 
  • You do not anywhere on your site share or imply derogatory, malicious, or untrue information about Lumida Ltd.;
  • You do not use or intend to use the link or the content therein to perpetrate or contribute to any illegal, malicious, or otherwise objectionable act;
  • If you wish to link to content on our Site of which we are not the original or sole author, we would kindly ask that you also credit the original or additional authors and, wherever possible, link to their own portfolio or website.

10. Intellectual property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Services and all original content on our Site, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned or featured on the Site or through the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

11. Email may not be used to provide notice to Lumida Ltd.

Communications made through the Site’s email or messaging system will not constitute legal notice to the Site, Lumida Ltd., or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

Legal notices are to be delivered in person or provided by courier (with signature required) to: 

Lumida Ltd.
#425 – 2 Toronto Street
Toronto, ON M5C 2B5

12. User consents to receive communications in electronic form

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. 

We may also use your email address to send you other messages, including information about the Site or the Services, as well as special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, sending an email to unsubscribe@lumida.ca, or by sending an unsubscribe request by mail to the following postal address:

Customer Support

#425 – 2 Toronto Street

Toronto, ON M5C 2B5

Opting out may prevent you from receiving messages regarding the Site, the Services, or special offers.

13. Warranty disclaimer

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING AND TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM USE OF THE SERVICES OR YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICES. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

14. Limitation of liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE SITE, LUMIDA LTD., ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF PROFITS, USE,  OR DATA, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY AND ALL OTHER COMMERCIAL OR PERSONAL DAMAGES OR LOSS, OR FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE,  OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

15. Jurisdiction

Lumida Ltd. has headquarters in Ontario, Canada. As such, these Terms of Use and your use of the Site are governed by the federal laws of Canada and the laws of the Province of Ontario, without regard to conflict of law provisions. By using our Services, you agree that this agreement and all events relating to your use of the services will be interpreted and enforced in accordance with the federal laws of Canada and the laws of the Province of Ontario.

16. Delegation of terms and conditions.

We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

17. General terms

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

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