Last updated: 28th March 2022
Acceptance of Terms
Please read carefully. These terms and conditions govern your use of the Services and form a binding contractual agreement between you (User) and Lumiant Pty ACN 610 279 135 (Lumiant). By accessing the Lumiant Website (https://www.lumiant.com.au) and any related Services you accept the following terms and conditions, without limitation or qualification. Unless otherwise stated, the contents of the Website including, but not limited to, the text and images contained herein and their arrangement are the property of Lumiant. All trademarks used or referred to in this Website are the property of their respective owners. Nothing contained in the Website shall be construed as conferring by implication or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Lumiant or any third party.
If you do not agree to these terms and conditions, do not use the Website. We can change these terms and conditions at any time without any notice to you. It is your responsibility to review these terms and conditions from time to time for any changes as it creates a binding legal agreement between you and Lumiant. If you use the Website after we have changed any of the Terms of Service, you are agreeing to all of the changes.
Application of General Terms
The General Terms apply to all Customers. Additional specific terms may also apply and these are set out after these General Terms.
Changes to Terms and Conditions
We reserve the right to change these Terms and Conditions at any time. Any subsequent access to, or use of, the Site by you will constitute an acceptance of those changes. We suggest you review these Terms and Conditions periodically to ensure you have read and understood the latest version.
Change of Functionality
We reserve the right to change the functionality of the Site at any time without prior written notification. We will endeavour to inform users by notices on the Site about the change before it comes into effect.
Business and Personal Details
You acknowledge and confirm that all information that you provide to us is correct, current and complete.
The Financial Professional and Support User fees and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled.
We will directly charge your Payment Method if recorded on file. If no Payment Method is recorded we will email you an invoice for payment. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
For monthly terms, your Lumiant subscription will continue, and automatically renew until cancelled. Unless you request for cancellation prior to your billing date, you authorise Lumiant to automatically renew your subscription for another month.
To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial periods or unused modules. To cancel your service please advise us in writing to email@example.com or submit a request to cancel at https://lumiant.zendesk.com/hc/en-au/requests/new
“Authorised User” means an individual authorised by the Customer to use the Services where such use is to be solely in accordance with the terms and conditions hereof.
“Billable Household” is a household on the Service that contains a client where any feature other than Your Life, Goals and Tasks are used.
“Business Day” means:
- in connection with the giving of a notice, a day that is not a Saturday, Sunday, public holiday or bank holiday in the place where the notice is received; and
- for all other purposes, a day that is not a Saturday, Sunday, bank holiday or public holiday in Sydney in the state of New South Wales.
“Confidential Information” has the meaning given to it in the Privacy Act 1988 (Cth), Australia.
“Customer” includes all persons, firms or entities that are purchasers or end-users of services or products offered, provided, developed, designed, sold or leased by the Company during the relevant time periods, and all persons, firms or entities which control, or which are controlled by, the same person, firm or entity which controls such purchase.
- database in which such data or information is contained;
- documentation or records related to such data or information; or
- products resulting from the use or manipulation of such data or information.
“Client” is a user (each a client of the Customer) onboarded onto the Service by the Customer.
“Feedback” means suggestions, feature requests, comments or other feedback regarding the Services including, without limitation, comments or suggestions regarding the possible creation, modification, correction, improvement or enhancement of the Services.
“Household” is a record in the Service that contains either one or more clients that are serviced as an entity.
“Information Asset” means information and information technology, including software, hardware and data (both soft and hard copy).
“Information Security” means the preservation of an Information Asset’s confidentiality, integrity and availability.
“Materials” means all data, material, documents and information (whether or not Confidential Information) relating to the Services in whatever form such information may exist, including (but not limited to) manuals, reports, training and onboarding material, tutorials, mentorship content, educational videos and presentation tools.
“Services” means Lumiant’s proprietary software-as-a-service solution(s) and all offerings and products planned, researched, developed, tested, manufactured, sold, licensed, leased or otherwise distributed or put into use by Lumiant.
“Third Party Provider” means a third party approved that is either contracted or licensed by Lumiant:
- to receive and use the Customer Data;
- to assist Lumiant in fulfilling its obligations under the terms of this Document; or
- otherwise provides services to the Adviser or Lumiant in connection with the Services.
“Underlying Systems” means the software, information technology solutions, systems and networks (including software and hardware) used to provide the Services and host the Website, including any third party solutions, systems and networks.
“Usage Data” means statistical data, analytics, trends and usage information derived from use by the Customer and their Clients.
“Website” means the internet site available at https://www.lumiant.com.au or such other site(s) as may be notified to the Practice by Lumiant from time to time.
The package of modules included with your SaaS Service.
Your package will include the below modules.
^ And any further inclusions per your Enterprise Agreement
Over time Lumiant may release more features and modules that may be added to your Lumiant Package within the agreed Subscription Fee.
Account, Passwords & Security
Customers and Clients may need to set up an account in order to use some of the features of the Website and related Services. In regard to the account, Customers and Clients:
- may not use a third party's account without permission;
- must give us accurate and complete information when setting up their account. This means that they cannot set up an account using a name or contact information that does not apply to them;
- have complete responsibility for their account and everything that happens on the account. They need to be careful with and keep their password private. If they find out that someone is using their account without their permission, they must let us know immediately.
- may not transfer their account to someone else. We are not liable for any damages or losses caused by someone using their account without their permission. However, if we (or anyone else) suffer any damage due to the unauthorised use of their account, they may be liable.
Customer will not (and will not permit any Third Party Provider to):
- rent, lease, provide access to or sublicense the Services to a third party;
- use the Services to provide, or incorporate the Services into, any product or service provided to a third party;
- reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Lumiant);
- copy or modify the Services or any Documentation, or create any derivative work from any of the foregoing;
- remove or obscure any proprietary or other notices contained in the Services (including any reports or data printed from the Services); or
- publicly disseminate information regarding the performance of the Services.
Customer will retain all right, title and interest (including any and all intellectual property rights) that Customer may have in and to the Customer Data as submitted to or accessed through the Services. Subject to these terms and conditions, Customer hereby grants to Lumiant a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display the Customer Data solely to the extent necessary to provide the Services to Customer.
Customer Data will be retained subject to Lumiant’s data retention policies and confidentiality obligations under these terms and conditions. The Services do not provide a solution for storage of Customer Data or backups. Customer agrees that Customer Data shall include only copies of Customer’s data, and not any data that Customer needs for backup or archival purpose.
Customer will ensure that Customer’s use of each Service and all Customer Data is at all times compliant with Customer’s privacy policies and all applicable local, state, federal and international laws, regulations and conventions, including, without limitation, those related to data privacy and data transfer, international communications, and the exportation of technical or personal data. Customer is solely responsible for the accuracy, content and legality of all Customer Data. Customer represents and warrants to Lumiant that Customer has all necessary rights, consents and permissions to collect, share and use all Customer Data as contemplated in these terms and conditions, and that no Customer Data will violate or infringe:
- any third party intellectual property, publicity, privacy or other rights; or
- any Laws.
Lumiant will comply with all applicable Data Protection laws including the Privacy Act 1988 (Cth) Australia and all applicable laws as may be in force from time to time which regulate the collection, storage, use and disclosure of Customer Data, as if it were regulated by these laws, and process all Customer Data in compliance with these laws.
Customer agrees that Lumiant or its suppliers retain all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Services, all Materials, the Website and any and all related and Underlying Systems and and any derivative works, modifications or improvements of any of the foregoing, including as may incorporate Feedback. Except as expressly set forth in these terms and conditions, no rights in any Lumiant Services are granted to the Customer.
Our trademarks should not be used without our express written permission. Third party trademarks are hereby acknowledged.
The Customer, from time to time, may submit comments, questions, suggestions or other feedback relating to any Lumiant product or service to Lumiant (“Feedback”). Lumiant may freely use or exploit Feedback in connection with any of its products or services without the need to pay compensation for any use of such Feedback.
Notwithstanding anything to the contrary herein, Customer agrees that Lumiant may obtain technical data about Customer’s and their Client’s use of the Services that is non-personally identifiable with respect to Customer Data, and Lumiant may use the Usage Data to analyse, improve, market, support and operate the Services and otherwise for any business purpose. For clarity, this does not give Lumiant the right to identify the Customer or Client as the source of any Usage Data.
The Website and the content provided in the Website, including, but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Lumiant, except that the Customer and Clients may download, display, and print copies of the materials including their Customer Data, provided that they keep intact all copyright, trademark, and other proprietary notices.
Links to Third Parties
The Customer acknowledges that the Website and/or Services may link to third party websites or feeds that are connected or relevant to the Website and/or Services. Any link from the Website and/or Services does not imply any endorsement, approval or recommendation of, or responsibility for, those websites or feeds or their content or operators. To the maximum extent permitted by law, Lumiant excludes all responsibility or liability for those websites or feeds.
The Website and its contents are provided “as is” and Lumiant makes no representation or warranty of any kind with respect to the Website or any site or service accessible through the Website. Lumiant expressly disclaims all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In no event will Lumiant be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) without regard to the form of action and whether in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with the Website, any content on or accessed through the Website or any site service linked to, or any copying, displaying, or use thereof.
To the extent permitted by law, Lumiant is not responsible for any delays, delivery failures, or any other loss or damage resulting from:
- the transfer of data over public communications networks and facilities, including the internet; or
- any delay or delivery failure on the part of any other service provider not contracted by us, and the Customer acknowledges that the service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
The Customer acknowledges that Lumiant cannot guarantee the absolute prevention of cyber-attacks such as hacking, spyware, and viruses. Accordingly, Lumiant shall not be liable for any unauthorized disclosure, loss or destruction of Customer Data arising from such risks as long as such risk cannot be attributed to negligence or failure on Lumiant’s part.
Termination and Suspension
We may terminate or suspend the Website or any part of the Website, terminate or suspend the Customer’s use of the Website, block any IP address, or remove any of Customer Data at any time without cause without any liability to the Customer.
Further, we may terminate or suspend permission to use the Website immediately and without notice upon any violation of these terms and conditions, Customer’s failure to pay any fees when due, upon the request of law enforcement or government agencies, for unexpected technical issues or problems or for engagement by Customer or Client in fraudulent or illegal activities. If we terminate the access to the Website for any of these reasons or otherwise for cause, we will not refund any fees the Customer may have paid to date, whether for access to the Website or for Software (if applicable).
Upon any termination we may delete the affected Customer or Client’s account, passwords and Customer Data, and we may bar them from further use of the Website. Customers understand that we may also continue to make their Customer Data available on the Website even if their use of the Website is terminated or suspended. Customers agree that we will have no liability to them or any third party for termination of their account or access to the Website.
Customer will indemnify, defend and hold harmless Lumiant from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim arising from or relating to:
- any Customer Data or acts or omissions of Customer that constitute a breach or alleged breach by Customer of the items listed in the Customer Obligations section above; or
- any service or product offered by Customer in connection with or related to the Services.
This indemnification obligation is subject to Customer receiving:
- prompt written notice of such claim (but in any event notice in sufficient time for Customer to respond without prejudice);
- the exclusive right to control and direct the investigation, defense, or settlement of such claim; and
- all necessary cooperation of Lumiant at Customer’s expense.
Notwithstanding the foregoing sentence, Lumiant may participate in the defense of any claim by counsel of its own choosing, at its cost and expense and Customer will not settle any claim without Lumiant’s prior written consent, unless the settlement fully and unconditionally releases Lumiant and does not require Lumiant to pay any amount, take any action, or admit any liability.
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