Terms of (Website) Use

Agreement to Terms

The terms and conditions of use below (referred to as “Terms of Use”) refer to the official website of Luminous Transformational Coaching which is accessible via the address _____ and any of its past or future variations. By using or contributing to the website, you (“User”) agree to these Terms of Use. These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (also referred to herein as “you”), and Luminous Transformational Coaching (referred to herein as “Company”, “we”, “us” or “our”) concerning your access to and use of the content on this website as well as any other media form, media channel, mobile website, or mobile application related, linked or otherwise connected thereto parenthesis (collectively referred to herein as the “Site” or “Website”). You agree that by accessing the Site you have read, understood, and agreed to be bound by all of these Terms of Use. 

If you do not agree with ALL of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right in our sole discretion to make changes or modifications to these Terms of Use at any time and for any reason. You waive any right to receive specific notice of each such change. It is your responsibility to periodically review these terms of use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Use by your continued use of the Site, including after the date that such revised Terms of Use are posted. 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to their laws or regulations, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the site from other locations do so by their initiative and are solely responsible for compliance with local laws and regulations, if and to the extent that they are applicable. 

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively referred to herein as the “Content”), and the trademarks, service marks, and logos contained therein (collectively referred to as the “Marks”) are fully and exclusively owned and controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, international copyright laws and international conventions. The Content and the Marks are provided on the site as-is, for your information and personal use only, except as expressly provided in these Terms of Use. No part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever without our expressed prior written permission.

Provided that you are eligible to use the Site, you are granted a Limited License to access and use the Site and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you and the Site, the Content, and the Marks. 

User Representations 

By using the site you represent and warrant that: (1) you have the legal capacity and you agree to comply with these terms of use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether that be a bot, script, or otherwise; (4) you will not use the site for any illegal or unauthorized purposes; and (5) your use of the Site will not violate any applicable laws or regulations, nationally or internationally.

If you provide any information that is untrue, inaccurate, not current or incomplete about the Site or the Company, we have the right to suspend or terminate your use of the Site and/or any account and refuse any and all current or future use of the Site, or any portion thereof. 

Prohibited Activities

You may not access or use the Site for any purposes other than those for which we make the Site available. The Site may not be used in connection with any commercial endeavours, except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to: (1) systematically retrieve data or other content from the Site to create or compile directly or indirectly, a collection, compilation, database, listing, or directory without written permission from us; (2) disparage, tarnish or otherwise harm, in our opinion, us and/or the Site; (3) use any information obtained from the Site in order to harass, abuse, or harm another person; (4) make improper use of our support services or submit false reports of abuse or misconduct; (5) use the Site in a manner inconsistent with any applicable laws or regulations; (6) engage in unauthorized framing of or linking to the Site; (7) upload or transmit (or attempt to upload or transmit), viruses, Trojan horses, or other material, including excessive use of capital letters, and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site, or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site; (8) delete the copyright or other proprietary rights notice from any of the content; (9) attempt to impersonate another user or person or use the username of another user; (10) upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including and without limitation to clear graphics interchange formats (gifs), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware”, or “passive collection mechanisms”, or “pcms”); (11) harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you; (12) attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site; (13) copy or adapt the Site's software including but not limited to flash, PHP, HTML, JavaScript, or other code; (14) make any unauthorized use of the Site including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences; (15) use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue generating endeavour or commercial enterprise. 

User Generated Contributions 

The site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other material (collectively referred to herein as “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated per the Site’s privacy policy, as outlined below. 

When you create or make available any Contributions to the Site or to the Company, you thereby represent and warrant that: (1) the creation distribution, transmission, public display or performance, as well as the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party, unless otherwise noted in a legally-binding agreement; (2) you are the creator and owner of or have the necessary licenses, rights, consent, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your contributions in any manner contemplated by us, the Site, the users, and these Terms of Use; (3) you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions, to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site, the Company and these Terms of Use; (4) your Contributions are not false, inaccurate, or misleading; (5) your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation; (6) your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable, as determined by us; (7) your Contributions do not ridicule, mock, disparage, intimidate or abuse anyone; (8) your Contributions are not used to harass or threaten, in the legal sense of those terms, any other person and/or to promote violence against a specific person or class of people; (9) your Contributions do not violate any applicable law, regulation or rule; (10) your Contributions do not violate the privacy or publicity rights of any third party; (11) your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner; (12) your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or wellbeing of minors; (13) your Contributions do not include any offensive comments that are connected to race, national origin, gender and/or gender identity, sexual preference, or physical and mental handicaps; (14) your Contributions do not otherwise violate or link to material that violates any provision of these Terms of Use, or any applicable law or regulation. 

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site. 

Contribution License 

You and the Site agree that we may have access to, as well as store, process, and use any information and/or personal data that you provide us with, following the terms of the Privacy Policy outlined below, and your choices (including settings). 

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without any compensation or notification to you. We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other property rights associated with your Contributions. 

We are not liable for any statements or representations in your Contributions, provided by you to us, for use in any area of the Site. You are solely responsible for your Contributions to the Site, and you expressly agreed to exonerate us from any and all responsibility and to refrain from any and all legal actions against us regarding your contributions. 

Submissions 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (collectively referred to herein as “Submissions”) provided by you to us are non-confidential and shall become our sole property. We will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions and you hereby warrant that any such Submissions are original to you, and/or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any of your Submissions. 

Site Management 

We reserve the right but not the obligation to: (1) monitor the Site or other third-party sites for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law, or these Terms of Use, including and without limitation reporting such user to law enforcement authorities; (3) in our sole discretion, and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible), any of your Contributions or any portion thereof; (4) in our sole discretion, and without limitation, notice or liability, remove from the Site or otherwise disable all files and content that are excessive in size, or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property, and to facilitate the proper functioning of the Site. 

Cookies

When you visit the Site, we automatically collect certain information about your device, including but not limited to information about your web browser, IP address, and time zone. Some of this information will be gathered through the use of cookies. Cookies are small pieces of information stored on your web browser and/or computer in the form of a file, which can be retrieved by the Site to make the Website work, monitoring the Website’s performance and/or facilitating functionality. You can set your browser to disable persistent cookies and/or session cookies; however, please note that if you do this you may not be able to use the full functionality of this Site.

Additionally, as you browse the Site, we collect information about the individual web pages or services that you view, what websites or search terms referred you to the Site and information about how you interact with the Site (collectively referred to herein as “Device Information”). By accessing the Website, you agree to the collection of such Device Information in agreement with the Privacy Policy below.

Please note that most interactive websites collect such information to let owners analyse the details of each user visit. The Device Information is used by our Site to help us improve on our offerings and make it easier for anyone visiting our website to access the needed information.

Privacy Policy 

The Website may collect, with your agreement only, personal information including but not limited to your name, phone number, email, date of birth, and mailing address. This information (collectively referred to herein as the “Personal Data”) may be used for record-keeping and administration, compliance and dispute resolution, contacting you, security and fraud prevention, analytics, and personalizing your experiences. 

Your Personal Data will be under the supervision of Luminous Transformational Coaching’s IT department and will not be shared with any third parties without your expressed written approval. It will be retained for the entire activity of the company. 

By using the Site you agree to allow us to use all personal information you provide us with for any and all purposes, as listed above, and are legally bound by our privacy policy, as incorporated and detailed into these Terms of Use. When appropriate and only as a European Union-based client (covered by GDPR), you may have the right to withdraw your consent through an official, written notice and be entitled to lodge any privacy complaints through our Site.

Please be advised that the Site is hosted in the United Kingdom. If you access the site from any other region of the world, with laws or other requirements governing personal data collection use or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Site, you are transferring your data to the United Kingdom and you agree to have your data transferred to and processed in the United Kingdom. 

Term and Termination 

These Terms of Use shall remain in full force and effect while you use the Site without limiting any other provision of these Terms of Use. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain IP addresses) to any person for any reason or no reason, including and without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use, or of any applicable law or regulation. 

We may terminate your use of or participation in the Site and/or delete any content or information that you posted at any time, without warning or prior consent, based on our sole discretion. If we terminate or suspend any of your accounts, for any reason, you are prohibited from registering or creating another account under your name, a fake name, a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. 

In addition to terminating or suspending the account, we reserve the right to take appropriate legal action including without limitation pursuing civil, criminal, and injunctive redress. 

Modifications and Interruptions 

We reserve the right to change, modify, or remove any contents of the Site, at any time or for any reason, at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice, at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Site. We cannot guarantee the site will be available at all times. We may experience hardware, software or other problems, or need to perform maintenance related to the Site resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Site at any time or for any reason, without prior notice. 

You agree that we have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be constructed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith. 

Corrections

There may be information on the Site that contains typographical errors, inaccuracies or omissions, including descriptions, pricing, availability and various other information. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update the information on the site at any time without prior notice. 

Disclaimer 

The Site is provided on an as-is and as-available basis. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, expressed or implied, in connection with the Site and your use of it, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Content, nor the content of any website linked to the Site, and we will assume no liability or responsibility for (1) any errors, mistakes or inaccuracies of the Content and all other materials included therein; (2) personal injury or property damage of any nature whatsoever resulting from your access to and/or use of the Site; (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (4) any interruption or cessation of transmission to or from the Site; (5) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Site by any third party; (6) any errors or omissions in any content and materials available on or through the Site; and (7) any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the Site. 

We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party on or through the Site, as well as any hyperlinked website, or any website or mobile application featured in any banner or other advertising found on the Site, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. 

As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Additionally, the company makes every effort to ensure that its IT infrastructure is error-free and virus-free but does not guarantee that any material available for downloading from the website will be free from infection viruses and or other code that has it contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks including anti-virus and other security checks to satisfy your particular requirements for the accuracy and reliability of data input and output, or any inflow and outflow of materials via the Site.

Limitations of Liability 

In no event will we or our directors, employees or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, we will at all times be limited to the lesser of the amount paid, if any, by you to us or £100 maximum. 

Certain international laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply to your case, some or all of the above, disclaimers or limitations may not apply to you and you may have additional rights. 

Indemnification 

You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses made by any third party due to or arising out of (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties outlined in these Terms of Use; (4) your violation of the rights of a third party including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. 

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter of which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim action or proceeding which is subject to this indemnification upon becoming aware of it. 

User Data 

We will maintain certain data that you may transmit to the Site to manage the performance of the site as well as data relating to your use of the site. Although we perform routine backups of data, you are solely responsible for preserving and safeguarding all data that you transmit or that relates to any activity you have undertaken using this Site. 

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions, and Signatures 

Visiting the Site, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. 

You hereby agree to the use of electronic signatures, contracts, orders and other records, and the electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction, which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by any means, other than electronic means.

Miscellaneous 

The above Terms of Use and any related policies or operating rules posted by us on the Site or in respect to the Site, constitute the entire agreement and understanding between you and us. Our failure to exercise and/or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. 

We may assign any or all of our rights and obligations to others at any time, based on our sole discretion. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. 

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these terms of use, and the lack of signing by the parties hereto to execute these Terms of Use. 

The Company does its best to ensure that all information on the website is accurate. If you find any inaccurate information on the website, please let Luminous Transformational Coaching know by sending an email to luminoustransformationalcoach@gmail.com and we will correct it, where we agree, as soon as practicable. 

Contact us to resolve a complaint regarding the site or to receive further permissions regarding the use of the Site at luminoustransformationalcoach@gmail.com