OVERVIEW
This website and online learning platform are operated by Being Luminary. Throughout the site, the terms “we”, “us” and “our” refer to Being Luminary.
Being Luminary offers this website, including all information, tools and services available from this site (the “Services”) to you, the user, on the condition that you accept all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing or accessing something from us, you are engaging in our Services and agree to be bound by these Terms of Service (the “Terms”), including any additional terms and policies referenced here or available by hyperlink (such as our Privacy Policy).
These Terms apply to all users of the site, including without limitation users who are browsers, customers, members, course participants and contributors of content.
Please read these Terms carefully before accessing or using our website or Services. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all of the Terms, you must not access the website or use our Services.
Any new features or tools added to the current website will also be subject to these Terms of Service. We may update or change these Terms from time to time by posting an updated version on this page. It is your responsibility to check this page periodically for changes. Your continued use of the website or Services after any changes are posted constitutes acceptance of those changes.
SECTION 1 – WEBSITE TERMS
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your country of residence, or that you are the age of majority and you have given us your consent to allow any of your minor dependants to use this site.
You must not use our products or Services for any unlawful or unauthorised purpose, nor may you, in the use of the Services, violate any applicable laws (including but not limited to copyright and data protection laws).
You must not transmit any worms, viruses, malware or any code of a destructive or disruptive nature.
A breach or violation of any of the Terms may result in immediate termination or suspension of your access to the Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse access to the Services to any person, for any lawful reason, at any time.
Except for credit card information (which is always encrypted during transfer over networks), you acknowledge that your content and data may be transferred unencrypted and involve transmission over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Services are provided, without our express written permission.
The headings used in these Terms are for convenience only and do not limit or otherwise affect their meaning.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The material on this site is provided for general information only. Although we aim to keep the information accurate and up to date, we are not responsible if information on this site is not accurate, complete or current.
Any reliance on the material on this site is at your own risk. You should not rely solely on this information for making decisions without consulting primary or more accurate, complete or timely sources.
This site may contain certain historical information. Historical information is not necessarily current and is provided for reference only. We may modify the contents of this site at any time, but we are not obliged to update any information. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and Services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Services (or any part or content of the Services) without notice.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Services.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or Services (including courses, memberships, digital downloads, events and coaching) may be available exclusively online through the website. These products or Services may have limited availability.
We reserve the right, but are not obliged, to limit the sales of our products or Services to any person, geographic region or jurisdiction, and may exercise this right on a case-by-case basis.
All descriptions of products or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or Service at any time. Any offer for any product or Service on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order or enrolment you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per organisation, or per order. These restrictions may include orders placed by or under the same customer account, the same payment card and/or orders using the same billing address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting you via the email address and/or billing address/telephone number you provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors without our prior agreement.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our site. You agree to promptly update your account and other information, including your email address and payment card details, so that we can complete your transactions and contact you as needed.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control and no input.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including new tools and resources). Such new features and/or Services will also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and Services available via our Services may include materials from third parties.
Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such websites and we do not warrant, and will not have any liability or responsibility for, any third-party materials or websites, or for any other materials, products or Services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Any complaints, claims, concerns or questions regarding third-party products or services should be directed to the third party.
SECTION 9 – USER CONTENT, FEEDBACK AND LICENCE
If you choose to provide feedback to us – including ideas, suggestions, concepts, processes, techniques, questions, answers, code, comments or other materials relating to our Services, site or business (collectively, “Feedback”) – you agree that we may use such Feedback without restriction and without any obligation to compensate you. You waive any claim you may have to ownership or payment in respect of such Feedback.
You also grant us a non-exclusive, worldwide, royalty-free licence to use your name, trade marks, service marks, trade dress and logos solely for the purpose of acknowledging you as a client or participant and promoting our Services (for example, on our website and marketing materials), unless you explicitly ask us not to do so.
Where the site allows you to post comments, contributions or other content, we may (but are not obliged to) monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or which violates any party’s intellectual property or these Terms of Service.
You agree that your comments and content will not violate any rights of any third party, including copyright, trade mark, privacy or other personal or proprietary rights. You further agree that your comments will not contain unlawful, abusive or obscene material, or any virus or malware that could in any way affect the operation of the Services or any related website. You must not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or others as to the origin of any content.
You are solely responsible for any content you submit and its accuracy. We take no responsibility and assume no liability for any content posted by you or any third party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the site is governed by our Privacy Policy. You can view our Privacy Policy at: [insert link to your Privacy Policy].
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, course dates or availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services or on any related website, including pricing information, except as required by law. No specified update or refresh date in the Services or on any related website should be taken to indicate that all information has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions set out in these Terms, you must not, and must not attempt to:
use the Services for any unlawful or unauthorised purpose, or in a way that infringes, violates or misappropriates the rights of any person, including intellectual property, confidentiality or privacy rights;
use the Services to transmit or publish anything that is harmful, fraudulent, deceptive, misleading, threatening, harassing, defamatory, hateful, offensive, obscene, or otherwise objectionable (as we reasonably determine);
attempt to obtain the password, account or other security information of any other user;
interfere with or compromise the security or integrity of any computer network, or attempt to circumvent any security or authentication measures;
submit false or misleading information;
reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or underlying ideas or algorithms of any part of the Services (except to the limited extent permitted by applicable law);
use the Services to build a product or service that competes with our Services, or to copy any ideas, features, functions or graphics of the Services;
lend, sell, resell, lease, sublicense, assign or otherwise use the Services for the benefit of any third party without our prior written consent;
upload, transmit or use the Services to send or store any viruses, worms, Trojan horses or other malicious code;
use the Services to collect or store highly sensitive information such as payment card numbers or health data, except where this is explicitly supported and you ensure compliance with all applicable laws;
interfere with or disrupt the operation of the Services (including by overloading, flooding, spamming or mail-bombing);
use any robot, spider or other automated device or process to monitor or copy any content from the Services without our prior written consent.
We reserve the right to suspend or terminate your use of the Services or any related website if you violate any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free, or that all defects will be corrected.
You agree that from time to time we may suspend the Services for maintenance or technical reasons, or withdraw the Services, without prior notice.
You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and content delivered to you through the Services are (except where we expressly state otherwise in writing) provided “as is” and “as available”, without any warranties, representations or conditions of any kind, whether express or implied, including implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, durability, title and non-infringement.
Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
Subject to the paragraph above, in no event shall Being Luminary, our directors, officers, employees, contractors, partners or service providers be liable for:
any loss of profits, revenue, business, anticipated savings, goodwill or data; or
any indirect, incidental, special, consequential or punitive damages,
arising out of or in connection with your use of the Services or any products procured using the Services, whether based in contract, tort (including negligence), breach of statutory duty or otherwise, even if we have been advised of the possibility of such damages.
Our total aggregate liability to you in respect of all claims arising out of or in connection with the Services and these Terms (whether in contract, tort (including negligence), breach of statutory duty or otherwise) shall be limited to the total amount you have paid to us for the relevant Services in the 12 months immediately preceding the event giving rise to the claim.
SECTION 14 – INDEMNITY
You agree to indemnify and hold harmless Being Luminary, our parent entity (if any), subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from and against any claims, demands, losses, damages, costs and expenses (including reasonable legal fees) made by any third party due to or arising out of:
your breach of these Terms of Service or of any documents incorporated by reference; or
your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
If any provision of these Terms of Service is determined by a court or competent authority to be unlawful, void or unenforceable, that provision shall be enforced to the fullest extent permitted by law and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing to use our site and Services and, where applicable, by closing your account.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any provision of these Terms of Service, we may terminate or suspend this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our Services (or any part of them).
SECTION 17 – ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this site (including our Privacy Policy) constitute the entire agreement and understanding between you and us and govern your use of the Services, and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including any prior versions of these Terms of Service).
Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW AND JURISDICTION
These Terms of Service and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the laws of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms or the Services, although we retain the right to bring proceedings against you in your country of residence or any other relevant country.
SECTION 19 – CHANGES TO THESE TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at:
[insert contact email]
Our postal address is:
Being Luminary
71–75 Shelton Street
London
WC2H 9JQ
United Kingdom
SECTION 21 – REFUNDS AND CANCELLATIONS
Unless explicitly stated otherwise at the point of purchase, all sales are final and we do not offer refunds for any products or Services purchased through our website, except where we are required to do so under applicable consumer law.
Where you purchase as a consumer based in the UK or European Economic Area, you may have certain statutory cancellation rights, including in relation to digital content and distance contracts. These rights are not excluded or limited by these Terms. However, where you expressly request immediate access to digital content and acknowledge that you will lose your statutory right to cancel once access begins, you may not be entitled to a refund if you later change your mind.
Any specific refund or cancellation terms for a particular course, programme or product will be set out on the relevant sales or enrolment page and will take precedence over this section to the extent of any inconsistency.