These terms cover your use of Lumio’s service to access information and request payments from your accounts with banks or other payment providers; as well as to access information from non-financial accounts (which may involve Lumio working with other service providers also covered by these terms). We’ve given a quick summary of each section to help you understand it.
These terms and conditions (“Agreement”) govern the supply of the service owned and operated by Lumio Technologies Ltd (referred to as “we”, “our”, “us”, “Lumio” whose details appear in Clause B below), which enables the person or entity whose application to register with us we approve under Clause C (“you”, “your”) to access, consolidate, display and share certain financial information and initiate certain types of payments in or from the United Kingdom (“UK”) using certain software applications hosted or made available by us and other related content and materials (“the Service”).
The Service may be accessed via the Lumio-app.com website (“the Site”) or the website of participating organisations who operate within the Lumio ecosystem (for example, your financial advisor, employer or provider of your financial products) (“Third Party Members”). In order to receive the Service via a Third Party Member, you may be required by the relevant Third Party Member to agree to additional terms and conditions which are specific to that Third Party Member.
The Service includes services that enable you to access and share information from your payment accounts (“Account Information Service”) and to initiate payment transactions (“Payment Initiation Service”), which are regulated under the Payment Service Regulations 2017 (together referred to in this Agreement as “Payment Services”).
This Agreement shall start on the date on which we notify you that your application to register for the Service has been accepted under Clause C and the Service is available for your use and shall continue subject to any right to cancel or terminate it that may be specified below (“Term”).
This Agreement is for users who are individual people, businesses that meet the requirements of Clause C.1 and have an annual turnover and/ or annual balance sheet total that does not exceed €2 million and have fewer than ten (10) employees, or charities with annual income of less than £1 million. If you wish to use the Service but do not fit any of these descriptions, please contact us at email@example.com.
You shall be entitled to cancel this Agreement within the 14 day period that begins on the day after you enter into it (“Statutory Cancellation Period”). In the event that you cancel this Agreement during the Statutory Cancellation Period, any agreements that you agreed in relation to that cancelled Offer during the Statutory Cancellation Period will also be cancelled automatically. You may exercise your right of cancellation by emailing us to that effect at firstname.lastname@example.org.
The information provided via the Service is intended solely for use by persons and organisations that meet the eligibility criteria set out in Clause C.1. The Service is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to any applicable local law, regulation or rule.
This Agreement is concluded in the English Language and all communications (including any notices or the information being transmitted) shall be in English. In the event that the Agreement is translated into any other language (whether for your convenience or otherwise), the English language text of the Agreement shall prevail.
Any questions regarding the service provided through this Agreement should be directed to us at email@example.com or through the in-app chat unless otherwise advised by us.
B. Information about us
This section has our office and registration details
Lumio Technologies Ltd is 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. We are registered with the Information Commissioner (No. ZA548961); and registered as a Payment Services Directive Agent of Moneyhub Financial Technology Ltd, which is authorised and regulated by the Financial Conduct Authority with reference number 844741.
C. Access to the Service
This section says who is allowed to use our service, how to access it, when the service and our staff are available and which laws apply. It also explains what to do if you think someone else is using the service without your approval. It’s up to you to download and keep records of what you do on the service.
To be eligible to use the Service, you must be:
An individual or sole trader over the age of 18 years who is resident in the UK; or
A company incorporated in the UK; or
A partnership established in the UK comprising of individuals who are over the age of 18 and resident in the UK and/or companies incorporated in the UK.
You must not register on the Service Website more than once or register on the Service Website on behalf of an individual other than yourself, or register on the Service Website on behalf of an entity without that entity’s prior written authorization.
We agree to provide the Service with reasonable skill and care and in accordance with all applicable laws and regulations and the Financial Conduct Authority (“FCA”) rules (“Applicable Law”).
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. Subject to the provisions of this Agreement to the extent that they relate to the Payment Services as required by Applicable Law:
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.
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).
If we accept your application to use 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/or any other piece of information we deem necessary as part of our security procedures for your use in accessing information or initiating payment order from a specified payment account held by you with another payment service provider (“Access Codes”).
You must keep the Access Codes secret and make sure that they are not stored on your workstation or otherwise in a way that enables others to impersonate you but are memorized and any record of the Access Codes destroyed or deleted. You must periodically change the Access Codes in accordance with the periods of time and procedures established by us for doing so.
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.
Each time you seek to access the Service, we will check your identity by asking for Access Codes. As long as the correct Access Codes are entered, we will assume that you are the person giving instructions and making transactions and you will be liable for them.
If you disclose the Access Codes to any other person or entity whom you employ or otherwise retain, appoint or authorise to access the Service on your behalf, you are also responsible and liable for any access, use or misuse or disclosure of your Access Codes or Service by such person or entity.
If you think that someone else may have access to, or be using, your password, Access Codes or User Account without your consent, you must tell us as soon as possible by emailing firstname.lastname@example.org or through the in-app chat. You will be asked to provide information to enable us to verify your identity. Following satisfactory completion of the verification process, we will immediately prevent further unauthorized use, including blocking the use of the Access Codes and issue replacements. 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. 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.
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.
We can refuse to act on any instruction that we believe: (i) was unclear; (ii) was not given by or with your authority; (iii) might cause us or any of its partner to breach a legal or other duty; or (iv) involves the use of the Service for an illegal purpose.
Subject to the provisions of Clause C.11 above, unless and until you notify Customer Service either through the in-app chat or by contacting email@example.com that you believe that someone else can use the Service by impersonating you:
you will be responsible for any instruction which we receive and act on, even if it was not given by you; and
we will not be responsible for any unauthorised access to confidential information about you in the Service.
If we believe you have acted fraudulently, or if we believe you have intentionally or with gross negligence failed to keep your means of interacting with us or the Service secure and confidential at all times, we will hold you liable for all transactions and any associated fees.
We will do all that we reasonably can to prevent unauthorised access to the Service. As long as you have not breached the other terms contained in this Section C, we will accept liability for any loss or damage to you resulting directly from any unauthorised access to the Service (see Clause O for limits on our liability)
Except as required by Applicable Law, we shall not be responsible, and you will be solely responsible, for (a) compiling and retaining permanent records of all your use of the Service, and (b) reconciling all transaction activity between your own system or device and the Service.
Upon the termination of this Agreement for any reason, we shall have no obligation to you to store, retain, report or otherwise provide any copies of, or access to, any records, documentation or other information in connection with the Service.
We shall use commercially reasonable endeavours to make the Payment Services available to you 24 hours a day, but our Customer Service staff would only be available between 09:00 and 17:00 GMT on each day that banks are open for business in the UK (“Business Day”), except for planned maintenance and unscheduled maintenance, provided that we have used reasonable endeavours to notify you that this will occur or has occurred.
Unless otherwise agreed by us in writing, you acknowledge and agree that you shall (at your own cost) be solely responsible throughout the Term for the provision of all equipment, software, systems and telecommunications facilities which are required to enable you to receive the Service.
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 by email at firstname.lastname@example.org or through the in-app chat.
D. Payment Initiation Services
This section applies if you are using the service to request payments to be made from your account with a bank or other payment provider. It explains how to request your payment provider to make a payment, any limits that apply- and what we or your provider will do if we think a payment request might be dodgy.
When you use our Payment Initiation Service, we enable you to initiate each payment order by passing you directly to the systems of your payment account service provider (“PSP”) to follow your PSP’s instructions. You agree to provide us or your PSP (as they case may be) with the necessary payment order information, including support documents requested, such as invoice(s) and/or related contract with the person or entity you intend to pay (“Payee”).
A payment order is provided to and receive by your PSP in accordance with its agreement with you, including any specified cut-off times. Once your payment order has been received, you may not revoke it or otherwise withdraw your consent to the execution of the relevant payment transaction.
We and/ or your PSP may from time to time notify you of certain limits in the way the Service or any part of it can be used (“Customer Limit”). You shall not use the Service in breach of any Customer Limit without our prior written approval (to be given in our sole and absolute discretion). For the purpose of this Clause D.3 we may give such written approval via an electronic authorisation that you may not be able to store. Such Customer Limit(s) shall continue to apply unless and to the extent that we otherwise notify you in writing. We have the right to ask you for additional confirmation from the memory any Customer Limit is breached but shall not be obliged to do so.
We will be entitled to assume that a payment order and the payment transaction related to that payment order (“Payment Transaction”) has been authorised by you where a payment order is initiated in the manner specified under Clause D.1.
We or your PSP may suspend the processing of any payment order where we or your PSP reasonably believe that the payment order or Payment Transaction may be fraudulent or involves any criminal activity, until the satisfactory completion of any investigation.
E. All Services
This section covers all our services. It explains what we’ll do if we or a payment provider suspect any strange activity, and that we record calls and other messages.
Unless otherwise specified in this Agreement, to use the Services you must log-in to your User Account with your Access Codes and follow the relevant instructions.
We may restrict or suspend your use of the Service without notice if: we or you PSP identity or suspect that suspicious, fraudulent or illegal activity are being carried out in relation to your use of the Service; if we or your PSP believe you have not complied with this Agreement; or in the event of exceptional circumstances which prohibit the normal operation of the Service.
Unless it would be unlawful for us to do so or it is impracticable, where we stop or suspend the use of the Service in accordance with Clause E.2, we will notify you of this and our reasons for doing so, by sending an email to the email address you have provided to us. Where it is not possible to notify you before we stop or suspend the Service, or if we believe your actions can cause any sort of damage to the Service before notifying you, we will notify you as soon as possible afterwards. We will reinstate your access to the Service or initiate any suspended payment order as soon as practicable after the reasons pursuant to Clause E.2 no longer apply or exist.
We have the right to record the telephone calls with each Customer, as well as any use or attempted use of the Service and any digital communications with you, and if necessary, to use the recordings as evidence of such calls, sessions or communications.
F. Paid for Services
We offer paid-for services which include additional functionality for a subscription fee (“Paid for Services”). If you choose to upgrade to a Paid for Service, you will be charged for use of the Service in accordance with the payment page, your subscription choice and method of payment (“Payment Method”). All subscription fees are payable in advance. Subscription fees will be billed automatically to the Payment Method at the start of the monthly, annual period or other period, as applicable, and, unless stated as being a one-off fee, will auto-renew until your membership is terminated.
The renewal subscription fees will be the same as the initial charges unless you are otherwise notified in advance. You authorize Lumio to charge your Payment Method for the appropriate subscription charges and fees and for any other purchases you elect to make via the Service We reserve the right to increase membership fees or to institute new fees at any time upon reasonable notice posted in advance on the Service. Members changing from monthly to annual memberships will have the annual rates take effect at the beginning of the next billing date. If you upgrade your membership or add new categories of service to your account, such changes may result in a new billing date effective upon the date you elect such upgrade or addition. All purchases are final and no refund will be given for unused portions of your initial or any renewal membership period.
Whichever subscription option you choose, you may give notice to terminate your subscription at any time but you will not be refunded for any unused element of the relevant Paid for Service. For example, if you opt for a monthly subscription, you may give notice to terminate your subscription at any time but your subscription will terminate at the end of the month in which you give notice and you will not be refunded the charge for that month. If you opt for an annual subscription, you may give notice to terminate at any time but your subscription will terminate at the end of the year and you will not be refunded your annual subscription charge.
Your access to Paid for Services is subject to your payment of the relevant subscription fee. In the event that we are unable to debit payment from you, we may suspend your access to the Paid for Service until payment is made.
From time to time, we, or third parties on our behalf, may offer trials of Paid for Services for a specified period (Trial Period) without payment or with payment at a reduced rate. We may determine your eligibility for a trial, and withdraw or modify a trial at any time without prior notice and with no liability, to the extent permitted under applicable law.
We may require you to provide your payment details to start the trial. By providing such details you agree that we may automatically begin charging you for the Paid for Services on the first day following the end of the Trial Period on a recurring monthly basis or another interval that we disclose to you in advance.
If you do not wish to continue receiving the Paid for Service(s) you must cancel these via the app store for your mobile operating system before the Trial Period lapses. Lumio bears no responsibility for providing you with advanced notice of the expiry of a Trial Period and you bear sole responsibility for giving notice that you do not wish to continue to receive the Paid for Services prior to the expiry of the Trial Period. Once the Trial Period has lapsed, you must cancel your account.
G. Unauthorised or Defective Payment Transactions
This section applies if you use the service to request payments to be made from your bank or payment provider. It explains what to do if you see a payment that’s wrong or you don’t remember requesting, and how we work out whose problem that is.
If you believe you did not authorise a particular Payment Transaction or that it was incorrectly initiated, you must contact the PSP who operates the payment account from which payment was taken PSP without undue delay, as soon as you notice the problem. If you contact our Customer Services team, we will only refer you to your PSP. Depending on the circumstances, our Customer Services team may require you to provide certain additional information.
In order to reclaim an unauthorised or incorrectly executed Payment Transaction, you must notify you PSP without undue delay after becoming aware of the unauthorised or incorrect transaction and in any event no later than thirteen (13) months after the debit date of the Payment Transaction. It is you PSP’s responsibility to provide a refund, if appropriate, and subject to its agreement with you. If your PSP believes we should be liable, the PSPs can then seek compensation from us.
Neither we or your PSP will be liable to refund any unauthorised or incorrectly executed Payment Transaction immediately where we have reason to believe that the incident may have been caused:
by a breach of contract;
through gross negligence; or
where we have reasonable ground to suspect fraud.
We shall not be held liable for a Payment Transaction that has been incorrectly executed if you have failed to notify us of a problem in accordance with the applicable provisions of Clauses D.1 and D.2.
In certain circumstances, we or your PSP may refuse to initiate a payment order that you have authorised (for example where there is a breach of this Agreement or there is concern regarding fraud or security). Unless it would be unlawful for us to do so, where we refuse to initiate a payment order for you, we will notify you as soon as reasonably practicable that is has been refused and the reasons why it has been refused, together where relevant, with the procedure for correcting any factual errors that led to the refusal. We may charge you for each such notification depending on the circumstances in each case.
Any dispute arising under this Section F. will be dealt with as a complaint under Section S.
H. Information, not financial or professional advice
This section explains that information on the service is just information, not any kind of advice or personal recommendation. If you are using the service to get information to, say, your accountant or financial advisor their services are separate from ours and we aren’t responsible for how they use the information or advice they give you.
Contributions, articles, commentary, charts, data visualisations and other materials posted within our Service (“Content”) 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. Subject to the provisions of Clause P, 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.
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.
I. Prohibited uses
This section explains that you must use our service lawfully, with a list of things you must not use it for.
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, patent, moral right, design right, registered design, service mark, domain name, unregistered design or other intellectual property right anywhere in the world (“Intellectual Property Right”) of any other person;
to send, knowingly receive, upload, download, use or re-use any material which is the private information of any third party, including, without limitation, addresses, phone numbers, email addresses. National Insurance numbers or other identifiers, credit card numbers, and/or debit card numbers and /or 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);
harvest or collection email addresses or other financial, personal or contact information of other users of the Service from the Service by electronic or other means for the purposes of sending unsolicited communications.
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, your financial employment or personal circumstances or your affiliation with any person or entity;
use or attempt to use another’s account, service or system without authorisation from us, or create a false identity in relation to the Service;
solicit personal information from anyone under 18 or solicit passwords or personally identifying information.
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:
any part of the Service;
any equipment or network on which the Service is stored;
any software used in the provision of the Service; or
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.
J. Viruses, hacking and other offences
This section explains that you must not abuse the service and lists things you must not do to it.
You must not:
access, store, distribute or transmit any inappropriate content during the course of your use of the Service or Site;
misuse the Service by accessing, storing, distributing, transmitting, knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful to any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
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;
attack the Service via a denial-of-service attack or a distributed denial-of service attack or in any other way use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overload or impair the Service or the Site or the servers on which it is hosted;
except as may be allowed by Applicable Law and to the extent expressly permitted under this Agreement:
attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Service or Site (as applicable) in any form or media or by any means; or
attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Service or Site;
access all or any part of the Service or Site to build a product or service which competes with the Service or Site;
use the Service or Site to provide services to third parties;
license, sell, rent, lease, transfer, assign, distribute, display, disclose, nor otherwise commercially exploit, nor otherwise make the Service or Site available to any third party;
attempt to obtain, nor assist third parties in obtaining, access to the Service or Site, other than as provided under this Agreement; or
knowingly exploit any vulnerability in the Vulnerability.
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 cooperate 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.
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.
K. Licence and Intellectual Property Rights
This section explains who owns the rights to the information in the service, what permission we give to each other to use that information and any restrictions or limits on that use.
We are the owner or the licensee of all intellectual property rights in the Service (“Lumio Content”), and in the material published within it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
We grant to you during the Term a non-exclusive, non-transferable, revocable, licence in the UK to you may print off, and may download extracts , of any the Lumio Content for your own personal or internal business purposes subject to the provisions of this Agreement (and not for use by or for the benefit of any person other than your employee(s)) and not for commercial use or exploitation. 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. Nothing in this Section shall affect your rights under Applicable Law.
You must not use any part of the Service for commercial purposes without obtaining a licence to do so from us or any of our licensors.
When you post or upload Content to the Service (“User Content”), you authorise and direct us to make such copies of it as we consider necessary in order to facilitate the publication, display and storage of the User Content in relation to the Service or on the Site. By posting User Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to use an irrevocable, perpetual, non-exclusive, transferable, full paid, worldwide license, (with the right to sublicense), to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Service or the promotion of it, to prepare derivative works of, or incorporation into other works, such User Content, and to grant and authorise sublicenses of the foregoing. You may revoke your User Content from the Service, at any time, subject to the provisions of this Section. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that we may retain archived copies of your User Content.
You agree and undertake not to use the Service to:
create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Service except where expressly permitted under this Agreement;
use automated scripts to collect Content from or otherwise interact with the Service or the Site;
transmit , re-circulate, extract, use, reutilise, exploit, distribute, redistribute, disseminate, re-disseminate, copy or store any Content except where expressly permitted by us on the Service or otherwise in writing;
attempt to promote or market any goods or services for your own financial benefit;
in any way commercially exploit any of the Content without our prior written consent (which may be withheld for any reason);
make any of the Content accessible (including the provision of access through database or other application populated with the Content for re-selling, sub-licensing, transferring or disclosing the Content) by any means, including any electronic means; or
combine any Content with other information or adapt the Content wholly or in part.
5. We may rely on certain service providers to help us to deliver the Service to you (for example third party technology companies who may provide elements of the Service’s functionality). We refer to such service providers as (“Third Party Service Providers”). By using the Service, you agree to grant us and our Third Party a non-exclusive, royalty free and worldwide licence to use the information, materials, data and other content that you provide via the Service (“Content”). We and the Third Party Service Providers may use, modify, display, distribute and create derivative materials using the Content for the purpose of providing the Service to you.
6. You are solely responsible for your User Content. You must not post, transmit, or share User Content on the Service that you did not create or that you do not have permission to display, publish or post. You understand and agree that we may, but are not obliged to, review the Service or the Site and may delete or remove (without notice) any User Content in our sole and absolute discretion, for any reason or no reason, including without limitation User Content that in our own absolute discretion violates any provision(s) of this Agreement. You are solely responsible at your own cost and expense for creating backup copies and replacing any User Content.
7. You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
8. Subject to the provisions of this Agreement, we are not responsible for third party Content downloaded or any Content posted by users in relation to the Service or on the Site.
L. Links to and from our Service
This section explains that links from the service to other websites, apps and so on are provided for convenience or information and are not our responsibility. If you follow those links, you need to check who is responsible and any terms that apply.
You may link to the home page of our Service and not to any page of the Service or Site that is not the home page, 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 this Agreement. The Service must not be framed on any other site and you must not display the Content or allow any Content to be displayed surrounded or framed or otherwise surrounded by material not originating from us without our prior written consent.
2 If you wish to make any use of material on the Service other than that set out above, please address your request to email@example.com.
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.
M. Information about you and your use of the Service
N. Connected Accounts
This section explains how you allow the service to connect your accounts with other service providers, and that the information on those accounts is not our responsibility.
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.
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, PSP 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.
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.
O. Disclaimer of Warranties
This section explains that we can’t stand behind the information on the service, because the information doesn’t come from us. We also can’t promise there won’t be any problems with the service, because it’s connected to other service providers whose systems we can’t control.
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.
We do not guarantee, warrant or represent that:
the Content is complete, accurate, up-to-date or error-free;
the Service is virus-free or that its operation will be continuous, uninterrupted or error-free.
You acknowledges and agree that the Content:
cannot be relied upon by you or any third party as a guarantee or any particular result;
does not constitute any form of advice, recommendation or endorsement by us;
is not intended by us to be relied upon by anyone on the basis for making (or refraining from making) any specific decisions; and
is used at your own discretion.
P. Limitation of Liability
This section explains who pays or doesn’t pay if various things go wrong, and the limits that apply in those cases.
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 this Agreement, including your use of the Service.
Nothing in this Agreement shall 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.
Subject to the provisions of this Section, each party shall only be liable for its own breach of contract, negligence or willful misconduct and, in case of an unauthorised Payment Transaction or a Payment Transaction that was incorrectly executed due to an error by us, you must notify your PSP under Clauses D.1 and D.2 and your PSP may then seek compensation from us.
We shall not be liable where the unauthorised Payment Transaction arises from:
You failing to notify us without undue delay of any event that could reasonably be expected to have compromised the security of the Service after you have gained knowledge of such event; or
You failing to dispute and bring the unauthorised or incorrectly executed Payment Transaction to your PSP’s attention within the relevant time required by your PSP.
You may be liable for losses relating to any unauthorised Payment Transactions up to a maximum of £35 resulting from the mis-use, loss, theft or misappropriation of your Access Codes, unless the loss, theft or misappropriation was not detectable by you prior to initiating a payment order (except where you acted fraudulently) or was caused by acts or lack of action of our employee, agent, branch or service provider.
You acknowledge and accept that:
The Service is subject to any constraints or limitations stipulated by any regulatory authority or applicable law and our continued regulation by the competent regulatory authorities; and
Our ability to provide the Service depends on the continued provision of essential components provided by the Third Party Service Providers including but not limited to providers of processing and other services, over which we have no control.
By facilitating the initiation of payment orders we shall not be deemed to have assumed any liability that you may have incurred in relation to the relevant Payment Transaction or the purpose for which it was made. We shall not be liable for the safety, legality, quality or any other aspect of any transactions or goods and services for which you might be using the Service to disburse the proceeds of or otherwise pay or receive funds.
Notwithstanding anything else contained in this Agreement (except Clause P.2) neither party shall be liable to the other for any loss of profits, opportunity, business, reputation, data, goodwill or contracts or for any indirect or consequential loss or damage whether arising from negligence, breach of contract or any other cause of action arising out of the subject matter of this Agreement.
Save as provided for in clause P.2, our total liability in any period of 12 months for any damages and/or loss suffered by you under this Agreement shall not exceed a sum equal to to the amounts of any fees paid by you in the 12 months (or any shorter time period if 12 months has not elapsed) preceding the date on which the cause of action arose.
All warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law, excluded from this Agreement.
In particular, and except as expressly stated in this Agreement, we do not:
Make any representations or warranties, express or implied, with respect to merchantability, fitness for a particular purpose or non-infringement;
Warrant, represent, undertake or guarantee that the Service will always be available or operate error-free, or that any errors, omissions or misplacements in any software will be corrected.
Neither party shall be liable for the failure or delay in performance of its obligations under this Agreement for causes beyond its reasonable control. The party wishing to claim relief by reason of any such circumstance shall notify the other party in writing without delay on the intervention and on the cessation thereof.
You are solely and exclusively responsible for any results obtained from your 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 Content, or instructions or scripts provided to us by you or any third party in connection with the Service.
This section says you are liable if others make claims against us because you have done something you shouldn't. The reason it does not require us to do the same thing is because Clause P explains what we’ll do to put things right in the various situations that might come up.
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 or conduct in relation to it in breach of this Agreement, your User Content, or infringement of third party rights, except to the extent that we have breached this Agreement or been negligent.
R. Term and Termination
This section explains who can put an end to the terms, when and for what reasons; as well as what happens when the agreement ends and which terms continue to apply in case problems arise later on.
You may terminate the Agreement by notifying us not later than 1 (one) month in advance.
We may terminate the Agreement by notifying you not later than 2 (two) months in advance.
Either party may terminate this Agreement immediately if the other party:
Becomes unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986), admits its inability to pay its debts or otherwise becomes insolvent;
Has any distraint, execution, attachment, sequestration or similar action taken, levied or enforced against itself or any of its substantial assets, or if any garnishee order is issued or served on the party;
Becomes the subject of any petition presented, order made or resolution passed for the liquidation, administration, bankruptcy or dissolution of all or substantial part of the party’s business, except where solvent amalgamation or reconstruction is proposed on terms previously approved by the non-terminating party;
Loses full and unrestricted control over all or part of its assets because of the appointment of an administrative or other received, manager, trustee, liquidator, administrator or similar person or officer; or
Enters into or proposes any composition of arrangement concerning its debts with its creditors (or any class or its creditors).
We may terminate this Agreement immediately on written notice to the Customer if:
We suspect you or the person related to you of money laundering or terrorist financing
You have breached any of the provisions concerning the accuracy of the data you provide to us; or
Termination of the Agreement is demanded by a regulatory authority (e.g. the Financial Conduct Authority) or another governmental authority;
Termination of this Agreement shall not prejudice either of the parties’ rights or remedies which have accrued as at termination.
Upon termination of the Agreement, you shall immediately pay to us all amounts owed by you under the Agreement and we shall immediately pay you all amounts owed to you under the Agreement. We shall be entitled to set off amounts owed to us by you against amounts owed by you to us.
Clauses A, B, C.12, E.4, H - Q, S.2b, S.2c, S.2d, T - W shall survive termination of this Agreement.
S. Variations to this Agreement
This section explains how and why we can make changes to the terms.
Subject to Clauses S.2 and S.3, we may periodically make changes to this Agreement and shall notify you by posting a revised version of the Agreement on the Site and emailing you at your email address registered with us. The revised terms including the changes will take effect (2) months following such notice, unless otherwise specified. You will be deemed to have accepted the changes if you do not notify us before the proposed date that the changes take effect that the changes are not accepted. If you reject the changes, you can immediately terminate this Agreement in accordance with Clause R.1 free of charge and with effect at any time until the date when the changes would have applied.
We will only make changes:
Where we consider that a change will make these this Agreement clearer and no less favourable to you; or
To reflect new, or changes to existing, systems, technology, products, services or business processes; or
To help meet the cost of changes in our funding or working capital requirements; or
To implement changes required by applicable law, industry codes or practice or decisions of any court, arbitrator or the Financial Ombudsman Service.
You agree that, where applicable, changes in exchange rates may be applied immediately and without notice, provided that the change in the rates are based on the Reference Exchange Rate, except that changes in rates which are more favourable to you, may be applied without notice. Changes in exchange rate used by us in Payment Transactions shall be implemented and calculated in a neutral manner that does not discriminate against you.
We may revise this Agreement 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 this Agreement may also be superseded by provisions or notices published elsewhere on our Site.
This section explains how and where you can write to us; and where we can write to you- including where the terms require “notice” or communication in writing.
Notices served under this Agreement shall be in writing and may be sent by email or by post. The preferred method of communication is email.
Notices shall be sent to:
In the case of Lumio, in writing to:
Suite 2, Bellevue Mansions, 18-22 Bellevue Road, Clevedon, England, BS21 7NU
In your case, in writing to the address or email address provided to us on registration, as updated by you from time to time.
The parties shall notify each other of any change to their contact details for notices as set out in this clause.
Notices sent by post will be deemed to have been received upon the expiration of two (2) Business Days after posting. Emails will be deemed to have been received one hour after being sent or, if this falls after close of business, at 9.00am on the following working day provided that an undeliverable message has not been generated by then.
This section explains how to complain about us or the service. If the complaint is about the access to payment accounts or requesting payments and you are still not satisfied after going through the process, your complaint could go to the “Financial Ombudsman Service”, which is the official complaints handling service for payment issues.
Any complaints about us or the Service must be addressed to us in the first instance by contacting firstname.lastname@example.org or through the in-app chat. We will make every possible effort to reply, addressing all points raised, within an adequate time frame and at the latest within 15 Business Days of receipt of the complaint, in a durable medium. In exceptional situations, if the answer cannot be given within 15 Business Days for reasons beyond our control, we shall send a holding reply, clearly indicating the reasons for a delay and specifying the deadline by which you will receive the final reply, we shall not exceed 35 Business Days. For the purpose of this Clause “durable medium” means a form which enables you to store the information in a way that is accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.
If the complaint relates to the Payment Services, it may ultimately be referred to the Financial Ombudsman Service, details of which can be found at www.financial-ombudsman.org.uk and who can be contacted at The Financial Ombudsman Service, Exchange Tower, Harbour Exchange Square, London, E14 9SR, United Kingdom.
V. General Terms
This section explains that the terms cover the whole of our relationship with you. Any bits that courts don't like will not affect the rest of the terms. It also says that just because you or we don’t take action over something doesn't mean we can’t or won't take action the next time. It also explains that we aren’t in business together or employing anyone. Finally it explains who else can rely on the terms, because they are also involved in the supply of some aspect of the services and benefits from the terms.
This Agreement 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 this Agreement.
If any provision of this Agreement 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.
Nothing in this Agreement shall give rise to any joint venture, partnership, or employment relationship between you and us.
Moneyhub Financial Technology Ltd is a Third Party 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 O. Otherwise, this Agreement do not confer any rights on any person or entity who is not a party, and no such person shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement, provided that this Clause does not affect a right or remedy of a third party which exists or is available apart from that Act.
No failure or delay by a party to exercise any right or remedy provided under this Agreement 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.
W. Jurisdiction and applicable law
This section explains which country’s laws apply to the terms and which courts can decide disputes or claims about the terms (complaints above the services can be referred to the ombudsman under Clause T).
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.
This Agreement 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: 8th December 2022