Terms and Conditions
This website is owned and operated by Lumière Home.
Through this website you may be able to do any of the following, among other things:
View information about Lumière Home and its products;
Order Gift Cards and other Lumière Home products;
Create an online account;
Sign up for receiving communications about our products; and
Use the email, instant messaging and other application functions to contact us, and send or post queries, reviews, and feedback, (the ‘Services’).
All information and data (including data files, written text, computer software, location data, audio files or other sounds, photographs, videos or other images) which you may have access to through your use of the website or the Services (‘Content’); and
a. Access to the Content and this website is offered on an ‘as is’ and ‘as available’ basis.
b. To the full extent permissible by law (including the Australian Consumer Law) and subject to any additional warranties in our Returns, Refunds & Exchanges Policy where applicable:
- All express or implied conditions, representations, and warranties, including any implied warranty of merchantability, for a particular purpose, or non-infringement, are denied and disclaimed; and
- Lumière Home makes no representations, warranties, covenants, or guarantees of any kind as to the operation of this website and the quality, suitability, truth, accuracy, or completeness of the Content.
- Access to this website or the Services will function as intended or be uninterrupted or delayed;
- This website, or the facilities that make it available, will not cause damage or are free from any computer virus or any other defects or errors.
a. We may withdraw or restrict your access to this website or the Services at any time and without notice to you.
b. We may make changes to any Content, at any time, without notice.
To the fullest extent permitted by law and except as otherwise provided under these Terms:
a. Subject to any rights that you may have under the Australian Consumer Law, Lumière Home excludes all liability for any loss or damage of any kind, in contract, tort, under statute or otherwise, not caused by its negligence or fraud including arising directly or indirectly from or in connection with this website, the Content or the Services;
b. Lumière Home’s liability to you for loss or damage of any kind arising out of this website, the Content or the Services will be reduced or limited to the extent (if any) caused or contributed by you or any other matter outside our reasonable control.
We do not endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements by other users of this website and exclude all liability in relation thereto. While we may review and moderate user-posted Content and may remove any Content (e.g. where it is unlawful or inappropriate), there may be some time where such content is able to be viewed before it can be removed.
2. Your online behaviour
a. This website and the Content are subject to copyright and other intellectual property which are owned by Lumière Home, its affiliates, or third parties.
b. Lumière Home grants you a non-exclusive, royalty-free, revocable, non-transferable, non-sublicensable license to:
- access and use this website and Content solely for the purpose of receiving the benefit of the Services;
- create a hyperlink to this website provided that:
a. the link should not portray Lumière Home, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive manner;
b. if requested by Lumière Home, you must remove any hyperlink to this website contained on your website or any other digital content;
c. you may not use any Lumière Home logo or other proprietary graphic or trade mark as part of the link without our express prior written consent, or that of our licensor, as appropriate.
d. Subject to 2.1(b), nothing on this website shall be construed as conferring any license in respect of any of Lumière Home’s or any other person’s intellectual property rights, whether expressly, by interference, by implication, or otherwise. You must seek the permission of the relevant copyright holder in order to use third party Content.
e. Subject to 2.1(b), and unless otherwise specified or as permitted under the Copyright Act 1968 (Cth) or other applicable laws which may not be excluded, restricted or modified, you may not download, display, post, record, mirror, duplicate, copy, retransmit, redistribute, commercially exploit, reproduce or republish any part or aspect of this website or Content in any form, by any means whatsoever, whether by electronic, mechanical, recording, photocopying, photographic means or otherwise.
a. You must not access this website or the Content or use the Services for any unlawful purpose, under any circumstances, including
- uploading, transmitting, accessing, or downloading material that is offensive, defamatory, obscene, discriminatory, fake or misleading, invasive to another person’s privacy, infringing intellectual property; and
- attempting to gain unauthorised access to any part of the website or the Services, or any other systems or networks connected to the website, or to any of the products or services offered through the website by any illegitimate means;
b. You must not (either yourself or through any third party):
- disrupt, intercept our electronic information posted on this website or on any of our servers;
- circumvent the security features of this website;
- use any robot, spider, screen scraper, data aggregation tool or other automatic device or process to process, monitor, copy or extract any Content without our prior written permission;
- use any device, software, process or routine to interfere or attempt to interfere with the proper working of the website;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure or bandwidth of the website; or
- reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the website.
a. Subject to clause 2.2(a)(1) and clause 2.3(b), Lumière Home welcomes ratings, reviews, suggestions, comments or other feedback about its products and services, including the Services, (e.g., regarding their utility, reliability, or performance) this website and its Content and your user experience with the website, as well as any bug-fixes, features, functionality or enhancements you would like to see in future versions (“ Feedback”).
b. Without limiting clause 2.2(a)(1):
- to the fullest extent permitted by law (including the Australian Consumer Law), we reserve the right not to publish or to remove product reviews or other Content posted by you (for example, if they do not comply with our review policies or posting standards);
- you agree not to submit any product review which:
a. you know to be inaccurate or for which you were compensated or granted any consideration by any third party; or
b. is not about the specific product which you have purchased from us.
c. By providing your Feedback, or any material to be included in the Content, you agree to grant Lumière Home and its contractors a non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable license to use, reproduce and modify your Feedback or material, including for the purposes of improving our products and service or for Lumière Home’s internal reporting purposes.
a. It is your responsibility to maintain the confidentiality of your password and account and all activities that take place under your password or account.
b. If you believe that there has been a security breach or misuse of your password or account, please let us know immediately.
4. Third party sites
We may provide links to other websites or social media sites from time to time. We do not endorse or take responsibility for the content of those sites and will not be liable in any way for any loss or damage which you may suffer by using those websites.
5. Applicable law