Terms and Conditions

Please read these terms and conditions carefully. By accessing, using any part of our website or using our services, you agree to be bound by this document. This agreement is in force between Lumofy digital solutions and you, the corporate customer, hereafter referred to as “user”, and is effective as of the date you purchase the services defined below. If you do not agree to all of these terms and conditions, you will not be able to use our website or the services related to it.

Overview

The website lumofy.com/ (the “website”) is managed by Lumofy Digital Solutions, a company registered at Office 805, Sixty Offices, Building no 1848, Road 5133, Block 351, Burhama, Kingdom of Bahrain (doing business as “Lumofy” or the “Company”). Throughout the present document, the terms “we”, “us”, “Lumofy” and “our” refer to Lumofy Digital Solutions, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all Terms, Conditions, Policies and Notices stated here.

The present Terms and Conditions are to be viewed as a whole, together with our Privacy Policy document.

Any new features or services which are added to the current website shall also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Authority and capacity

The parties and their legal representatives guarantee that they have the authority and capacity to enter into this agreement.

Enforceability

This agreement constitutes a legal, valid, and binding obligation, enforceable against the parties according to its terms.

Disclaimer

To the maximum extent permitted by applicable law, nothing in this document will:

  • limit or exclude your liability or misinterpretation of the information presented on the website.
  • limit any of your liabilities in any way that is not permitted under applicable law.

 

The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer:

  • are subject to the preceding paragraph.
  • will govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer.

Section one – Definitions

  • “user” means the person who made the purchase and payment of a service;
  • “registration” or “register” means the procedure of creating a user account on our website;
  • “purchase” means the preliminary contract under which a buyer and the lumofy company give their consent to the subsequent phase of signing a contract and definitive payment of the amount of the service purchased;
  • “membership” means the status obtained by a user, after having made at least one purchase;
  • “service provider” means a freelancer, a third party that provides specific services directly to the users;
  • “provider services” means the services provided by the third-party service providers, services that are contracted by the users according to their choice.

Section Two – website terms

The website works as a presentation portal for our wide range of L&D – tech services. Upon your request we will contact you and set up a preliminary meeting with the relevant departments (HR or training department) within your corporation in order to gather the necessary information about your training requirements. Accordingly we would deploy the tools and solutions that best fit your requirements and we would provide them as a business offer together with the costing that offers subscriptions to all or some of your employees.

For optimal use of our services, any information or material provided to us through the website by users – both at the time of registration and subsequently – must be truthful, accurate, up-to-date, legitimate and not fraudulent. We may verify the contents of this information or material, but we are not required to, and therefore we decline any responsibility regarding them. Failure to comply with this obligation will result in account suspension. We may retain any amount contractually provided by user until full compliance is met as required by us.

It remains our complete disregard for all agreements and contracts concluded between users outside the website. It is, therefore, the responsibility of the users to inform themselves in advance about specific regulations in order to avoid subsequent sanctions and checks by the competent authorities in case of false declarations or documentation. We expressly declare that we do not take any responsibility for the failure or incorrect fulfillment by you of the specific regulations governing the business sector, either on this page or anything else related to it.

Section Three – service terms

Lumofy is an aggregated L&D solution for forward thinking organizations that are eager to change and align their employees’ growth with business objectives. For this objective, we collaborate with the user to diagnose its organizational behavior and define the needs and challenges through our psychometric assessment library. We then create learning experiences that are relevant, timely and bilingual when and where it’s needed through all devices. We also provide indispensable real time monitoring and reporting mechanism that will help you to analyze progress, proficiency and engagement of your organizational growth.

We strive to ensure that the third-party service providers are offering high quality services, but we do not guarantee it. We encourage the service providers to offer only high quality, honest and legal specific services, but the true quality, contractual and legal responsibility of their services are ultimately up to them. 

Users declare that they understand our contractual position and obligations, and also undertake to use our services in good faith, and to act within the purposes set out by Lumofy, without any alteration or interpretation. Any type of misrepresentation of our services will be considered a breach of contract and will result in immediate termination of our services and cancellation of access to your user account, without prior notice.

Lumofy will be allowed to send by mail or telephone advertising messages illustrating the newly available services of the company.

Section Four – service packages

The users have many options regarding the provider services, and we ensure that the offers will be tailored to best suit their requirements.

We reserve the right to stop offering user support & service updates to anyone for any reason at any time. A breach or violation of any of the terms will result in an immediate termination of our services.

Lumofy is the only entity with full administrative access to the services.

Section Five – Service disclaimer

The services are made available online to our users through the https://lumofy.com/ website.

The services on the Lumofy website are provided “as is”. Lumofy provides no warranties whatsoever, of any kind, be they expressed or implied. Furthermore, Lumofy does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the services.

 We have no way of knowing whether the third-party service providers use organic, real, fake, or any other illegal procedures when providing their services. Lumofy is not responsible whatsoever if the third-party providers are using fake or unrealistic information etc.

We reserve the right but are not obligated, to limit access to our services to any entity, on any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of services and investments are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any service at any time.

Section Six – registration

Registration and purchase of the available services are permitted to any company who wishes to conclude legally binding contracts in accordance with its national and the international legislation. The legal representative of the user declares that they have the authorization to enter into a contract with us and we will deny any future implication for false statements by the user.

 Registration on the website is intended exclusively for b2b use. The registered user will not be able to authorize third parties to use their membership on this website, nor to buy other services through their account on the website. Packages once purchased cannot be refunded.

The registration as user is allowed to all legal entities legally incorporated in their country.

When registering as a user, you are asked to indicate a series information  regarding company data, but also personal data (such as name, surname, email, telephone number).

For the avoidance of doubt, we do not assume any responsibility for the veracity, accuracy or suitability of this information. In addition, the user must promptly notify us of any change in relation to the information provided and is solely responsible for the statements made. The user should always verify that the entered data is correct before purchasing a service.

For no reason can we and the website be responsible for the loss or damage of data derived from having used the service or having visited the content of the website itself.

Section Seven – account information, billing, and payments

Billing and payments will be agreed upon for each service of group of services, by signing of separate agreements containing all the specific clauses.

Payments are mainly operated by bank transfer, upon user’s receival of the invoice. The terms and conditions of payment are detailed in a separate saas services agreement that will be signed by both parties once the contractual conditions are clearly determined.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel orders that are erroneous, or misplaced. These restrictions may include orders placed by or under the same user account, the same credit card, and/or orders that use the same billing address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail or the phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase / payment and account information for all payments made. You agree to promptly update your account and other information, including your email address and credit card numbers, expiration dates and local purchase agreements so that we can complete your transactions and contact you as needed.

We also reserve the right, without notice, to suspend the subscription, registration and / or purchase of one or more services of the user, if the latter does not fulfill any rule necessary for the correct use of the website, or does not make payments due in the correct timing or should use billing data or anything else outside the regulations.

In case of credit/debit card payments, you understand that we will use third party payment processors, and that, upon payments, their content (not including credit card / paypal information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit/debit card information is always encrypted during transfer over networks.

Taxes. The prices are exclusive of all current and future taxes, such as sales, use, value-added, withholding, and all other taxes or levies on transactions or payments made under these terms & conditions (collectively, the “taxes”). If any taxes are found to be applicable, other than those imposed upon company’s net income, they will be invoiced to, and paid by, the user so that company receives the fees net of such taxes.

Section Eight – contractual relationship

Our role is to be able to offer as many services as possible to as many companies as possible so that more corporate entities can take advantage of this type of services. Lumofy is to be viewed a partner to the user, a service provider, not an employee.

All payments are non-refundable.

Section Nine – license agreement

A.   Platform usage.

Usage. In consideration of user’s payment for the provided services, Lumofy hereby grants to user, and user hereby accepts, a non-exclusive, non-transferable, revocable, limited right during the term of the service to (i) access and use the system for its internal business purposes in accordance with the terms of this terms & conditions; and (ii) permit end-user to access and use the system for user purposes (and not for resale or distribution), each of the foregoing solely in accordance with the applicable terms and conditions of these terms & conditions, and any applicable third party licenses and/or terms and conditions referenced in section c (the user acknowledgments) (collectively, the “usage”).

B.   Usage restrictions.

user shall not sell, lease, assign, sublicense or otherwise transfer any of the rights contained in the usage without the prior written consent of Lumofy, and any attempt to do so shall be considered null and void.

  • user shall not, and shall ensure that no third party given access to the system may modify, adapt, decompile, translate, disassemble, reverse engineer, make derivative works of, or otherwise attempt to derive the source code for, the system. In addition, user shall not remove, alter, or conceal, in whole or in part, any copyright, trademark, or other proprietary right notices that are contained within the system (if any).
  • except as expressly permitted herein, user shall not, and shall ensure that no third party given access to the system may (a) copy any portion of the system, including any documentation associated therewith; or (b) sell, rent, lease, lend, or distribute the system, in whole or in part, or use the system to operate in, or as, a time-sharing, outsourcing, or service bureau environment, or in any other way allow any third party (except traders in the manner set forth in the agreement) to access or use the system without the express prior written consent of the service provider.
  • Violation of any license restrictions shall give right to Lumofy for with or without notice termination of this agreement.

 

C.   User acknowledgments. User hereby acknowledges as follows:

(a) user’s failure to comply with the terms and conditions of this agreement may result in suspension or deactivation of the user’s use of the system (as determined in the Lumofy’s sole discretion) with or without notice; license suspension or deactivation shall not give right to user for funds refund;

(b) the system contains certain third party software components, which are governed, (i) in the case of open source software, solely by their respective licenses; and (ii) in the case of closed-source (proprietary) third party software, by the terms and conditions of this agreement, which may be supplemented or superseded by the applicable third party Lumofy’s terms and conditions, as specified within the documentation provided or made accessible by the Lumofy as part of the system;

(c) technical requirements and interface/device feature demands may change from time to time in order to comply with future versions of the system;

(d) any misuse of the system may cause loss and/or damage to user, and in the event that user bypasses or misuses the system, user shall be solely liable for any loss or expense incurred by user or its employees as a result of such bypassing or misuse;

(e) it is critical for user to pay special attention to the features of the system and not operate it without a clear understanding of its operation and of the inherent risks involved.

D.   Authorization to use third party services

The user hereby authorizes Lumofy to use third-party services on user’s behalf (the “authorization”). Third-party services shall be used on the user’s behalf pursuant to the following: the term of the authorization shall commence on the later of the effective date hereof or the date on which Lumofy has been granted access to the third-party services and shall terminate on the earlier of (I) the termination date of this agreement; or (ii) the date on which Lumofy receives written notice from user or the third-party services provider that user’s license to use the third-party services has expired or been terminated (and user undertakes to notify Lumofy immediately upon such expiration or termination). No additional third-party services will be connected to user’s system without the user’s prior approval.

E.   Third-party products

Third-party products and services are provided by third-party service providers. The company provides an electronic web-based platform for exchanging information and concluding b2b sale and purchase transactions of products and services offline and online between different users and third-party providers. The company does not represent the seller or the buyer in specific transactions whether or not such transactions are made on or via the platform. Our products and services are offered by direct relationship with the user, and thus, payments are conducted offline, by terms set off on a separate agreement between parties. The user acknowledges that they are completely undertaking the risks of purchase and sale transactions. The user agrees that Lumofy shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise as a result of or in connection with any contractual transaction.

Section Ten – cancellation and suspension

If the user decides to cancel their membership, they must make a specific request using the contact forms and details found on their user account or request this to their system administrator, as their employer and master user of the corporate’s account.

We expressly communicate that in case of detection of fraudulent activity in the use of the contents of this website, we reserve the right to suspend – refuse – cancel the registration / adhesion to the website of the user who undertakes these actions, sanctioning the offense as punishable by law and delegating all preliminary and ancillary costs to the user who has not observed the correct use of the site.

The company will not be obliged, and there will be maximum autonomy in this sense,                to communicate the reason for which the registration / membership has been suspended / canceled / refused, in cases of use of the site found to be swollen.

In case of refusal, suspension or cancellation of the registration to the service for non-compliance with the website’s regulation or fraudulent use of it, the user will no longer be able to purchase new services, or subscribe / enroll new users to the purchased services. Already made payments are not refundable. At our own discretion, we will evaluate the user’s communication and consequently, we will provide an express reply or motivation in this sense, without being in any way obliged in the action performed. The sending of the communication by the user does not bind us in any way and we will be free to respond or not to the reason for denial.

When the services are terminated, all data and copies of such data will be deleted from Lumofy’s servers in accordance with our data retention policy, or as per the applicable laws.

Section Eleven – settlement of disputes

The users can open a dispute, in relation to a purchased service, through the appropriate mail procedure.

In case of opening of a dispute by the user:

A) the user is required to indicate in detail the reasons underlying the opening of the dispute.

B) the company receives an email alert containing the reasons for the dispute indicated by the user and draws up a solution.

C) any feedback published on the website, are temporarily suspended, pending the judgment of merit by the site operators.

D) the user is required to provide us with all the information useful for assessing the incident and to express an opinion on the dispute. All information must be received within 3 working days from the moment they are requested by the website operators.

E) the operators of the website will issue an impartial judgment on the dispute within 30 days from the collection of the information indicated in point c).

In the event of disputes opened outside the established deadlines, the manager of the website will be able to decide whether to proceed with the handling of the dispute or not without any prior notice.

Section Twelve – intellectual property

The user hereby acknowledges and agrees that company and its third-party service providers exclusively own all rights, title and interest in and to the system and the services provided, and any associated documentation, content, and deliverables (collectively, the “documentation”) developed and/or provided during the services and all intellectual property rights therein. As used herein, “intellectual property rights” means all patents, copyrights, trademarks, service marks, trade secrets, and confidential and proprietary rights therein, and all goodwill associated therewith. The user also acknowledges that the system and documentation contain confidential and proprietary information and trade secrets belonging to the company, as well as its third-party service providers, and that nothing herein gives the user any right, title or interest in the system or documentation except for user’s limited express rights granted by any separate agreements. The user’s possession, access, and use of our services do not transfer to the user, or to any third party, any rights, title, or interest in or to such intellectual property rights. In the eventuality that the user will upload proprietary content to the Lumofy platform, they will keep their intellectual property over it.

Users must not, without prior written consent from Lumofy:

  • republish material from https://lumofy.com/
  • sell, rent or sub-license material from https://lumofy.com/
  • reproduce, duplicate or copy material from https://lumofy.com/
  • redistribute content from https://lumofy.com/

Section Thirteen – personal information

Your submission of personal information through the store is governed by our privacy policy.

Section Fourteen – errors, inaccuracies, and omissions

Your submission of personal information through the store is governed by our privacy policy. Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, charges, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the service or on any related website has been modified or updated.

 

Section Fifteen – service level covenant

A. Purpose

The purpose of this section is to provide an agreement between us or the third-party service provider (“the service provider”) and “the user” as to what constitutes acceptable service in quantifiable and measurable terms.  It documents the mutually service objectives, how those objectives will be measured, and the schedule of distribution for the measurements.

The intent of this service level covenant is to ensure the proper understanding and commitments are in place for effective support, measurement and resource planning in the provision of the services.

B. Software quality

The service provider will make reasonable efforts to ensure that the software is running uninterrupted throughout the duration of this agreement, excluding reasonable downtime periods required for maintenance, upgrades and security modifications as performed by Lumofy and its data center and hosting providers. The company will notify the user prior to any scheduled maintenance, security or upgrade work performed or its network, hosting or storage providers.

The service provider will apply appropriate process and practices in order to deliver high quality software to the user, containing as few defects as is practical. Defects can include the following:

  • software bugs (e.g. Errors or faults in source code or design that cause an application to produce an unexpected result).
  • software that is made up of working code but does not meet the initial requirements laid out by the user and described in the functional specifications.

 

The user will help us or the third-party service provider to improve its applications and application maintenance processes over time, in line with the user’s business goals and strategy.

As service provider gains increased application and business knowledge, it is expected that service provider will help the user to plan the better use of applications to meet business goals.

C. Our responsibilities

  • we will provide the services and support as defined in this document.
  • we will deal with your requests in a consistent and fair manner.
  • we will communicate honestly and openly with you about the progress of our services.

 

D. Your obligations

  • you will follow the guidance contained or referenced in our services and use our services in the way intended.
  • you or someone on your behalf will provide us with timely and good quality information with which to service your request when required.
  • you will help with prioritizing your requests and be prepared to sponsor your requests.
  • you will make time to test and approve changes which we make on your behalf.
  • you will provide at least 2 working days notice of any activity that is likely to affect our ability to provide our services.
  • as manager of the company registered as user with us, you will ensure that your employees are aware of their obligations and that they meet them. It is ultimately in your responsibility to obtain your employees agreement to the contractual conditions and obligations with Lumofy. In relationship with us, the corporate user as a signing party is the only one responsible for any type breach of agreement.

 

E. Managing costs

The service provider has a mechanism for managing and containing the services fees in relation to any service provided. In the provision of the services, the service provider will manage the allocation of work with regards to cost effectiveness, as well as to the level of responsibility necessary to meet the user’s service requirements. The service provider must comply with all requirements in the agreement in respect of any eventual estimates.

F.      Managing time

The service provider and the user must agree on a timeline for provision of the services at the initiation of each matter. The service provider must provide the services in an efficient manner that meets the agreed timelines. If it is anticipated that an agreed timeline might not be met, the service provider must immediately contact the user to determine a substitute time for delivery. If the user agrees to a substitute time for delivery, the service provider must provide the services within that time. If no substituted time is agreed by the user, the service provider may cease provision of the services.

G. Performance assessment

The service provider’s performance will be assessed in respect of each service provided. As part of the assessment, a performance report may be be required, prepared and provided to

The service provider reporting on:

(i) the outcome of user satisfaction.

(ii) compliance with reporting requirements of the project.

(iii) the outcome of any audit conducted in relation to the service provider.

The assessment will be undertaken by the manager of the user and any other eventual agency contract managers.

Section Sixteen – prohibited uses

You may not use our services for any illegal or unauthorized purposes nor may you violate any laws in your jurisdiction. You may not provide documents having obscene, offensive, pornographic, defamatory, or vulgar designs or messages, or that may have any criminal, civil or administrative relevance. We will give full support to the competent authorities in order to punish any offenders.

You must not transmit any worms or viruses or any code of a destructive nature. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

In addition to other prohibitions as set forth in the terms and conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the internet. We reserve the right to terminate your use of the service for violating any of the prohibited uses.

Section Seventeen – warranties and limitation of liability

We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall Lumofy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

Section Eighteen – indemnification

You agree to indemnify, defend and hold harmless Lumofy and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms and conditions or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

Section Nineteen – severability

In the event that any provision of these terms and conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section Twenty – termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These terms and conditions are effective unless and until terminated by either you or us. You may terminate these terms and conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our site.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms and conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

 

Section Twenty one – entire agreement

The failure of us to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

These terms and conditions and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms and conditions).

Any ambiguities in the interpretation of these terms and conditions shall not be construed against the drafting party.

Section Twenty two – governing law

These terms and conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the kingdom of Bahrain and any applicable international laws.

Section Twenty three – governing law

You can review the most current version of the terms and conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these terms and conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these terms and conditions constitutes acceptance of those changes.

 

Information entered on the request forms contained on the website is not disclosed to third parties.

 

The information on the website can only be viewed and printed for personal, non-commercial use.

 

Section Twenty four – contact information

Questions about the terms and conditions should be sent to us here.