The Lumio service consists of the lumio-app.com website (the “Site”), the software applications hosted or made available by us and any other related content and materials, however you access them, whether via the Site or via mobile or tablet app (the “Service”).
1. Information about us
The Service is owned and operated by Lumio Technologies Ltd (referred to as “we”, “our”, “us”, “Lumio”). We are a limited company registered in England and Wales (company reg. no. 10257486) and have our registered office at Suite 2, Bellevue Mansions, 18-22 Bellevue Road, Clevedon, England, BS21 7NU. Our VAT number is 321444929.
2. Access to the Service
2.1 We shall use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for routine and emergency maintenance. However, access to the Service is not guaranteed. From time to time we may withdraw or amend any of the content and services provided without notice. We will not be liable if the Service or any content is unavailable at any time for any reason. From time to time, we may restrict access to some parts of the Service, or the entire Service, including to users who have registered with us.
2.2 We agree to provide the Service with reasonable skill and care and in accordance with all applicable laws and regulations.
2.3 You are responsible for making all arrangements necessary for you to have access to the Service (for example ensuring you have an available internet connection).
2.4 If you become a registered user of the Service and create an account (“User Account”) with us, you will require a valid email address and will be asked to enter a username, password and any other piece of information we deem necessary as part of our security procedures. You must treat such details and information as confidential. You are responsible for everything done using your User Account. In order to create a User Account, you must be at least 18 years of age and resident in the UK.
2.5 You must provide us with your contact details in the form of your email address, and any other details we collect from you at registration, so that we can administer the Service and your User Account. You must not impersonate or try to impersonate another person when providing us with information. If you think that someone else may have access to, or be using, your password or User Account without your consent, you must tell us as soon as possible by emailing firstname.lastname@example.org
2.6 We have the right to disable any username or password, whether chosen by you or allocated by us, at any time. We also have the right to suspend or terminate any User Account at any time.
2.7 By creating a User Account, you certify that all information you provide in the registration is accurate. You must have a valid email address registered with us at all times. If an email that we send to you should bounce for some reason, your User Account may be temporarily suspended until you contact us with a verifiable address.
2.8 By creating a User Account you consent to receive regular communications from us regarding the Service. These communications will include important notifications, updates and information regarding the Site or the Service. If you do not want to receive communications regarding the Service, you must cease to use the Service and ask us to delete your account. You can request this by contacting us in writing at Suite 2, Bellevue Mansions, 18-22 Bellevue Road, Clevedon, England, BS21 7NU or by email at email@example.com.
3. Information, not financial or professional advice
3.1 Contributions, articles, commentary, charts, data visualisations and other materials posted within our Service are provided for general information only. Content within the Service is not, and should not be construed as, financial or other professional advice. You should not rely on the content within our Service as the basis for making a financial decision. If in doubt, you should seek professional advice. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of our Service, or by anyone who may be informed of any of its contents.
3.2 The Service is the Lumio functionality and the content in the Service made available by Lumio. If a third party is using the Service to perform functions or provide you with advice (for example, your Financial Adviser (FA) is providing you with financial advice), then that advice is a separate service provided by the FA and is not a part of the Service. Lumio has no responsibility for and is not liable for any advice or service provided by your FA or other third party.
4. Prohibited uses
4.1 You may use the Service only for lawful purposes. In particular, you may not use the Service:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm any person in any way;
to send, knowingly receive, upload, download, use or re-use any material which is defamatory, contains any material which is obscene, offensive, hateful or inflammatory, promotes sexually explicit material, promotes violence, or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
to send, knowingly receive, upload, download, use or re-use any material which infringes any copyright, database right or trade mark of any other person;
to send, knowingly receive, upload, download, use or re-use any material which is likely to deceive any person, be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence, promote any illegal activity, be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety, be likely to harass, upset, embarrass, alarm or annoy any other person, be used to impersonate any person, or to misrepresent your identity or affiliation with any person, gives the impression that it emanates from us, advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
4.2 You also agree:
not to reproduce, duplicate, copy or re-sell any part of the Service;
not to access without authority, interfere with, damage or disrupt:1. any part of the Service;2. any equipment or network on which the Service is stored;3. any software used in the provision of the Service; or4. any equipment or network or software owned or used by any third party;
not to reverse engineer or reverse compile any of the technology used to provide you with the Service, including but not limited to, any applications associated with the Service;
not to do or say anything that would bring the Service or Lumio into disrepute.
5. Viruses, hacking and other offences
5.1 You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Service, the server/servers on which the Service or any part of it is stored or any server, computer or database connected to the Service. You must not attack the Service via a denial-of-service attack or a distributed denial-of service attack or in any other way.
5.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Service will cease immediately.
5.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any material posted on it, or on any website linked to it.
6. Intellectual property rights
6.1 We are the owner or the licensee of all intellectual property rights in the Service, and in the material published within it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
6.2 Unless you have a User Account, you may not print off, nor download extracts, of any page(s) from our Site for your personal reference. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
6.3 You must not use any part of the Service for commercial purposes without obtaining a licence to do so from us or our licensors.
7. Links to and from our Service
7.1 You may link to our Service, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The website from which you are linking must comply in all respects with any content standards set out in these Terms. The Service must not be framed on any other site.
7.2 If you wish to make any use of material on the Service other than that set out above, please address your request to firstname.lastname@example.org.
7.3 Where the Service contains links to other sites and resources provided by anyone other than Lumio, these links are provided for your information only. We do not recommend and have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
8. Information about you and your use of the Service
9. Connected Accounts
9.1 In some areas of the Service, you have the ability to connect to your bank accounts and other accounts you hold with third party institutions (“Third Party Accounts”). This enables us to access and retrieve data from your bank and other accounts to populate areas of the Service with details from those Third Party Accounts.
9.2 By using the Service to connect to Third Party Accounts, you authorise us and Data Service Providers (on an ongoing basis unless and until you deactivate the connection) to access the relevant third party source, on your behalf and as your agent, to retrieve information requested by you or otherwise available from the Third Party Account. You agree that the bank or other institution providing the Third Party Account(s) shall be entitled to rely on the foregoing authorisation and that the Service may not be endorsed or sponsored by any Third Party Account providers.
9.3 Lumio cannot be responsible for the accuracy of data it receives from the Third Party Accounts and you must ensure that it is (and continues to be) accurate. If at any time you choose not to link to a Third Party Account you will stop receiving information from that Third Party Account (for example up-to-date valuations) which may affect elements of the Service (for example, financial projections). Lumio cannot be responsible for any inaccuracies caused by you no longer having access to data or by data not being up-to-date.
10. Disclaimer of Warranties
By accessing and using the Service, you acknowledge and agree that your use of the Service and all information and content included in or accessible from the Service is provided on an “as is” and “as available” basis. To the fullest extent permissible by law, we and Data Service Providers disclaim all statutory or implied warranties, representations and conditions including but not limited those as to quality, merchantability, fitness for purpose and non-infringement.
11. Limitation of Liability
11.1 This clause sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and subcontractors) to you under or in connection with these Terms, including your use of the Service. Nothing in these Terms limit or exclude our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or any other liability we cannot legally limit.
11.2 You assume sole responsibility for results obtained from the use of the Service, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you or by Third Party Account providers in connection with the Service.
11.3 Subject to clause 11.5, we shall not be liable to you, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for the following types of loss whether direct or indirect and howsoever caused:
loss of profit; or
loss of goodwill; or
loss of business; or
loss of business opportunity; or
loss of anticipated saving; or
loss or corruption of data or information (other than as detailed in clause 11.5); or
any special, indirect or consequential damage or loss suffered by the other party.
11.4 Subject to the foregoing provisions and 11.5 below, our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with these Terms and the Service shall be limited to £1,000.
11.5 We shall be liable to you for any liability incurred by you as a result of any data loss caused by our negligence or breach of statutory duty up to an amount of £75,000.
You agree to indemnify us against any and all claims, losses, damages, expenses and costs (including legal fees and expenses) arising out of or in connection with your use of the Service in breach of these Terms, or infringement of third party rights, except to the extent that we have breached these Terms or been negligent.
We may revise these Terms at any time by amending this page located at www.lumio-app.com/terms-of-use or by sending you a notification via the Service or email. You are expected to check this page from time to time to take notice of any changes made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Site.
14. General Terms
14.1 These Terms comprise the entire agreement between you and us for the provision of the Service and supersede all prior or contemporaneous negotiations, discussions, representations or agreements, whether written or oral. No undertakings, promises, representations, or warranties shall have any legal effect unless expressly set out in these Terms.
14.2 If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the other provisions shall remain in force. The invalid or unenforceable provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
14.3 Nothing in these Terms shall give rise to any joint venture, partnership, or employment relationship between you and us.
14.4 Moneyhub Financial Technology Ltd is a Data Services Provider, whose principal place of business is 5th Floor, 10 Temple Back, Bristol, BS1 6FL (Moneyhub). Moneyhub shall receive the benefit of, and be entitled to enforce, the indemnity in clause 12. Otherwise, these Terms do not confer any rights on any person or entity other than you and us.
14.5 No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
15. Jurisdiction and applicable law
15.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, use of our Service although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
15.2 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Last updated: 28th August 2019