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Terms & Conditions

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No warranties

This website is provided “as is” without any representations or warranties, express or implied. Luminet makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Luminet does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

Luminet will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if the client has been expressly advised of any potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Luminet’s liability in respect of any:
- death or personal injury caused by Luminet’s negligence;
- fraud or fraudulent misrepresentation on the part of Luminet or
- matter which it would be illegal or unlawful for Luminet to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Luminet has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Luminet’s officers or employees in respect of any losses you suffer in connection with the website.

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Luminet’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Luminet.
Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

SPECIAL TERMS AND CONDITIONS FOR USAGE OF THE LUMINET SIMULATOR

 

The following terms and conditions apply to the use of the Luminet Simulator

 

1.       Ownership

a.     Customer acknowledges and agrees that signing up for the Service(s) grants Customer no title or rights of ownership in any of the Service(s).

b.    All right, title and interest in any Service(s), Apps, the Luminet Word Simulator, ideas and know-how, which are developed by Luminet in the course of providing Service(s), including any enhancements or modifications made, shall at all times remain the property of Luminet.

c.     The Customer understands and acknowledges that it is granted only those rights set out in this Agreement and no other rights.

d.    The Customer acknowledges that any and all of the intellectual property rights used or embodied in or in connection with Service(s) are, and will remain, the sole property of Luminet and/or its Affiliates, as applicable..

 

2.       Maintenance and Support

a.     The Services and Luminet World Simulator are provided maintenance free.

 

3.       Non-Disclosure

The Customer shall:

a.     Keep confidential and utilise its best efforts to prevent unauthorized disclosure or use of any Luminet Intellectual Property, which includes all disclosures relating to the Luminet World Simulator, Service(s) as well as any pricing;

b.    Treat all such Luminet Intellectual Property with the same degree of care as it treats like information of its own which it does not want to be publicly disclosed or the subject of unauthorized access or use; and

c.     Not make or permit to be made any copies of any component of Luminet Intellectual Property than are necessary for Customer’s use of Service(s).

 

4.       Warranty

a.     Luminet makes no warranties with regards to the Service(s) or the Luminet World Simulator.

b.    The Customer warrants that it will not give access to Luminet World Simulator to any representative other than an Employee, for testing and feedback purposes.

 

5.             Limitation of Liability

 

Customer expressly acknowledges that:

a.     Luminet shall not be liable for loss of profit, loss of business, or other financial loss which may be caused, directly or indirectly, by the inadequacy of Service(s) for any purpose or use thereof or by any defect or deficiency therein.

b.    Luminet shall not have any liability with respect to any loss or damage related to or arising from:

c.     Any failure of Service(s);

d.    Any use or application of Service(s) or the results or decisions made or obtained by users of Services.

e.     No action, regardless of form, arising out of any transaction under this Agreement may be brought by the Customer against Luminet.

 

6.             Limitation of Liability

a.     The Customer agrees that Luminet, shareholders, agents, consultants or employees will not be liable for any damages or loss of any kind whatsoever or howsoever caused as may arise as a result of the Customer’s access to the Luminet World Simulator.

b.    The Customer indemnifies Luminet against any damage, damages, liability, claims or demand by third parties or loss as may be suffered by them arising the Customers access to or usage of this Luminet World Simulator.

7.             Unlawful Use

a.     The Luminet World Simulator may only be used for lawful purposes and activities.

 

8          Customer Responsibilities

a.     The Customer is responsible for any misuse of the Service(s) that occur through any access given to the Luminet World Simulator.

 

9          Governing Law

a.     The Parties agree that this Agreement will be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.

 

10        Disclaimer

a.     While we at Luminet have made every attempt to ensure that the information as contained on this web site (“Site”) is accurate and correct, we do not guarantee the accuracy and/or correctness of any information that is contained on this Site, nor do we guarantee the availability of the Service(s) offered on this on this site or the Luminet World Simulator. All information contained on this site is made available without any warranty of any kind, either express or implied. All Service(s) offered are without any warranty of any kind, either express or implied.

 

11        Copyright Notice

a.      All of the contents of this website, Luminet World Simulator are proprietary to Luminet. Unauthorised copying of any material contained on this Site or unauthorised usage of is strictly prohibited.

b.    Unless expressly stated to the contrary, nothing as may be contained on this website or the Luminet Word Simulator shall be construed to confer or be deemed to confer any rights and/or licenses as regarding any party in the intellectual property of Luminet.