Terms & Conditions of the LUMIRA Website. Accessed from www.atelierlumira.com ("Lumira" & "Atelier Lumira")
This Website is owned and operated by Lumira Co Pty Ltd (ABN 86632750282), trading as Lumira.
The following Terms and Conditions govern the use of the Lumira Website ("Site"), the materials and information contained therein and related services made available to you via this Site. If you do not agree to these Terms and Conditions, please do not visit or use the Site. Lumira may from time to time change this Site (including these Terms & Conditions of use). Please read these Terms and Conditions and re-read before subsequent use.
Lumira, its representatives and associated agents are not liable to you or any other for any loss in connection with the use of this Site or a Linked Website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
EXCLUSION OF LIABILITY AND OVERALL DISCLAIMER
The materials and information provided on this Site and related communications are provided on an "as is" basis. Lumira assumes no responsibility for, and makes no representations to you or any other person with respect to the accuracy of the information on this Site. Any reference to products or services on this Website is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by Lumira. Subject to any non-excludable provisions in the Trade Practices Act, 1974 (Australia), Lumira expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property rights relating to information or materials accessible from or on this Site. Lumira shall not be liable to you for any damages whatsoever including, but without limitation, special, indirect, consequential or incidental damages, and including, but without limitation, damages resulting from use of or reliance on the materials or information presented on this Site, loss of profits or revenues, business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if Lumira is expressly advised of the possibility of such loss or damages.
The Terms and Conditions are effective until terminated by Lumira and Lumira may terminate this agreement and your access to the Site at any time without notice. In the event of termination you are no longer authorised to access the Site, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms and Conditions will survive.
You acknowledge and agree that we have the right to access and disclose your information in order to comply with applicable laws and lawful government requests, and to protect Lumira or its users.
Lumira shall only share your personal data with companies and organisations in order to enable us to perform credit checks and to process your order. You hereby consent to us so doing.
You should not send any information or material that you consider to be confidential or proprietary, to Lumira or any other person, through this Site. Any information or material sent to Lumira at, or through this Site, is deemed to be not confidential. You are deemed to grant to Lumira an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through this Site. Lumira is free to use any ideas, concepts, know-how or techniques that you send to Lumira, for any purpose.
USE OF THIS WEBSITE
You will be required to register to use some of the features on this Site. We may change registration requirements from time to time and without notice. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your information change, please notify us immediately at the following e-mail address firstname.lastname@example.org
You must comply with all proprietary and copyright notices on this Site. This Website is owned by Lumira and its associates, and is subject to copyright. The information on this Site is protected under Australian copyright laws. Subject to provisions of the Copyright Act 1968 (Australia), you must not in any form or by any means:
a. copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this website;
b. alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this website which can be accessed through this website; or
c. use or apply, for commercial purposes any material or information on this website, without the prior written consent of Lumira.
All trademarks, brands and names appearing on this Site are the property of their respective owners.
Nothing contained on this Site should be construed as granting any license or right of use of any trade mark or part of any trade mark displayed on the Site without the express written permission of Lumira or third party owner.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
Promotional codes must be used at the time of purchase. We are unable to apply a promotional code to an existing order in retrospect. Promotional codes have issue and end dates. You must use your promotional code within the specified time frame. Promotional codes cannot be used on Gift Voucher purchases.
Please ensure that the shipping address details provided for your order are correct. Lumira is not responsible for incorrect addresses, refused shipments, or unclaimed parcels. Parcels returned to Lumira by Australia Post for any reason will be subject to a returned charge of $15 and a resending fee of $10.
LINKS AND THIRD PARTY REPRESENTATION ON THIS WEBSITE
Lumira makes no representations or warranties about any other website which you may access through this Site (“Other Website”). When you access an Other Website, that Other Website is independent from this Site, and Lumira has no control over the content on that Other Website. Any link to an Other Website is provided as a convenience to users of this Site. Other Websites are not under the control of Lumira, and Lumira is not responsible for the accuracy of any information on any Other Website. Lumira does not monitor or review the content of any Other Website. You must take your own precautions to ensure that any Other Website that you access by link from this Site is free from viruses, worms, trojan horses and other material of a destructive nature.
Lumira expressly disclaims any liability to you for all Third Party Posted Material. Without limitation, Lumira is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of this Site, the use of any other linked website, the use of any Other Website or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Lumira has been expressly advised of the possibility of such loss or damages.
You must indemnify and keep indemnified Lumira in respect of all loss and expense suffered by you as a result of any use or exploitation by you of any Third Party Posted Material or any Other Website, or both.
Subject to any non-excludable provisions of the Trade Practices Act, 1974, Lumira disclaims liability for all warranties or representations express or implied, in relation to goods or services, or both, referred to in this Site, or offered for sale on this Site by any Third Party.
Product information in relation to products referred to in this Site has been provided by the respective manufacturers of the relevant products. Product information and illustrations are published with the permission of the relevant manufacturer and/or owner of that product.
These Terms and Conditions are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts.
Nothing contained in these Terms and Conditions derogates from Lumira’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Lumira with respect to that use.
In this Site:
Lumira means Lumira Co Pty Ltd (ABN 86632750282), trading as Lumira Co Pty Ltd and its subsidiaries, associates and officers unless otherwise stated.
"Other Website" means websites of persons or entities other than Lumira which are linked to and from this Site.
"Your Information" means any information from which your identity is apparent or can be reasonably be ascertained. "Site" or "Website" means the whole or any part of the web pages located at www.atelierlumira.com (accessed via www.atelierlumira.com) including the lay-out of this Site, individual elements of the Site design, underlying code elements of this Site, or text, sounds, graphics, animated elements or any other content of this Site.
"We" and "us" refer to Lumira, and "our" has the same meaning.
"Third Parties" means persons or entities represented on the Site other than Lumira.
"Third Party Posted Material" means posted statements, information relating to items or items offered for sale by Third Parties on some portion of this Site.
LUMIRA WORLD LOYALTY PROGRAM
The Member Terms and Conditions document the operation of LUMIRA World Rewards Points.
Individuals who join the LUMIRA World Rewards Points program agree to be bound by these Member Terms and Conditions.
The Member Terms and Conditions may be modified at any time without prior notification by LUMIRA in its absolute discretion. Any modification to the Member Terms and Conditions may be applied to a Member retrospectively.
LUMIRA will not accept any liability for any member email that is misdirected, lost or not received.
LUMIRA will not accept any liability for any technical issues that may cause damage to any computer related to or used in connection with LUMIRA Rewards Points.
LUMIRA reserves the right to cancel, terminate, modify or suspend LUMIRA Rewards Points or any aspect of it or at its election, to payout any points, at any time and without notice. Without limitation to the foregoing rights, LUMIRA reserves the right to transfer members to such other loyalty or rewards program owned, operated, managed or administered by LUMIRA.
LUMIRA may, at any time and in its absolute discretion, require a member to provide to LUMIRA proof of identification to verify the authenticity of a member's membership and compliance with the member Terms and Conditions. Failure to provide proof of identification may result in termination of a member’s involvement in the LUMIRA Rewards Points program.
These member Terms and Conditions are to be read in conjunction with any additional conditions associated with LUMIRA Rewards Points, including without limitation with the Website Terms and Conditions and other relevant LUMIRA policies and/or terms and conditions.
LUMIRA’s decision in relation to all matters arising in relation to LUMIRA Rewards Points is final and binding.
Any failure or delay by LUMIRA in exercising its rights under these terms does not constitute a waiver of those rights.
Nothing in these member Terms & Conditions is intended to contravene any applicable law. To the extent that any provisions in these member Terms and Conditions is invalid or unenforceable, it is to be read down so as to be valid and enforceable, and otherwise must be severed to the extent of any invalidity or unenforceability, without affecting the remaining provisions of these member Terms & Conditions.
Membership of the LUMIRA Rewards Points program is open to individuals who are 18 years or older with a unique email address.
An individual becomes a Member as at the join date.
An individual is deemed to be a Member when they sign up to the Rewards Points program online.
An individual may update their Member Profile at any time by visiting the Website. It is the Member’s responsibility to update their Member Profile including their email, surname, birthday, phone and postal address. If a Member has not provided or updated LUMIRA with correct details, LUMIRA may not be able to contact the Member about their membership, Rewards, special offers or entry to competitions.
At any time, individuals may only have one account to LUMIRA Rewards Points.
Members may not transfer their account or Rewards to another person.
LUMIRA reserves the right to modify, refuse or terminate a Member’s LUMIRA Rewards Points account without notice or reason and at its absolute discretion.
A Member may end their membership at any time by contacting LUMIRA via email@example.com
By joining LUMIRA Rewards Points an individual consents to LUMIRA contacting them to provide them with consumer or marketing information and notifying them of rewards or other products and special offers.
ACCESSING LUMIRA REWARDS POINTS
An individual may sign up to LUMIRA Rewards Points on the LUMIRA Website.
Only one membership can be presented for each transaction.
Rewards Points are issued based on Valid Purchases made by Members.
The currency in which Rewards Points are earned will be in AUD.
At its sole discretion, LUMIRA may update a Member account with a Reward as a consequence of a purchasing behaviour, incentive and/or promotional activities.
Rewards Points cannot be sold, transferred or assigned and are not redeemable for cash or any other like instruments, including (but not limited to) gift vouchers, gift cards, cheques and credit notes. Rewards Points do not represent legal tender in any country.
Rewards Points cannot be earned using other Rewards Points balances as part of the transaction.
If a Membership is terminated from LUMIRA Rewards Points program, all outstanding and future Rewards will no longer be valid and will be rendered null and void.
When a Member returns a purchase for a refund, the net amount of the transaction will be deducted from the Rewards Points previously awarded. This may result in the Member having a negative Rewards Points balance.
Members can view their Rewards Points at any time by logging into their account online on the Website.
REDEMPTION OF REWARDS
Rewards Points can only be redeemed on the LUMIRA website, atelierlumira.com
To redeem any applicable Reward when transacting online on the Website, a Member must ensure they are logged into a valid account.
The currency in which Rewards are redeemed will be based on the location of the redeeming store. The LUMIRA website and online store is based in Australia and consequently, will redeem Rewards in AUD.
Rewards cannot be redeemed in conjunction with any other offer unless otherwise indicated.
Rewards can be redeemed as payment for Afterpay purchases at the time of purchasing before the first Afterpay payment takes place.
Only Rewards from one LUMIRA Rewards Points member can be redeemed per transaction.
Rewards Points can only be redeemed once.
LUMIRA reserves the right in its absolute discretion to exclude certain items and promotions from being redeemed by using Rewards Points.
© Lumira 2019. All Rights Reserved. Not to be reproduced. All third party trademarks mentioned or displayed on this Site are the property of their respective owners.