Terms of Use

Updated 12 June 2023

1. Terms of Website Use

This page together with the documents referred to on it tells you the terms of use on which you may make use of our website located at https://luminalearning.com (“Website”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the Website.

By using our Website, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our Website.

2. Information About Us

https://luminalearning.com is a Website operated by Lumina Learning Limited (“we”, “us”, “our”, “Lumina Learning”, registered in England and Wales, Company Number 07021544).

3. Accessing Our Website

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.

4. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may make one copy of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our Website.

You must not modify the copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.

You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Website in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Lumina Learning (device mark) is a registered trademark of Lumina Learning Limited and must not be used without our written consent.

5. Licence Terms

If you purchase our Products and Services from us or from a Reseller, you agree to the following terms:

Only Practitioners may deliver Practitioner Services. You must not allow anyone to deliver Practitioner Services unless they are a Practitioner that has completed the Qualification for the Products in use.

Where we provide a Product to you, you may use the Product internally within your organisation, and in the circumstances specified in our Customer Agreement, you may make the Product available to your third-party customers.

Where we provide a Service to you, you may use the Service internally within your organisation. You must not make any Services available to a third party, unless otherwise agreed in writing.

We retain exclusive ownership of all intellectual property relating to the Products and Services.

Subject to your compliance with these terms and for the duration of your agreement with us or with the Reseller under which you purchase and use our Products and Services, we grant you a non-transferable, royalty-free licence to use the purchased Products and Services for your learning, development, recruitment, and selection purposes.

We grant to each Participant that receives a Portrait a perpetual licence to keep copies of their own Portraits provided during the term of the relevant agreement, if in physical or PDF format, and print physical copies for their own personal use.

You must not:

1. a) copy, translate, modify, adapt, reverse engineer, decompile, or sub-license any of our intellectual property or any part of the Products or Services;
2. b) publish or make available to third parties any audio or video recordings of Practitioner Services;
3. c) create any Products or Services, whether for internal use, resale, or use by a third party, that are based on or derived from ideas or concepts found in any Product or Service; or
4. d) assist any third parties to do anything described in (a) –(d) above.

You must ensure that your affiliates, employees, officers, agents, or contractors comply with its obligations in this clause.

8. We own the intellectual property in all translations or adaptations that you or your affiliates, employees, officers, agents, or contractors make of any Product or Service. At our request, you must execute (or procure the execution) any documentation necessary to assign absolute ownership of such intellectual property to us.
9. If you breach this clause, we may suspend any licences and consents granted until you remedy the breach (if it is capable of being remedied).

6. Reliance on Information Posted

Commentary and other materials posted on our Website are not intended to amount to advice:

• on which reliance should be placed;
• to address any of your possible requirements, and should not be used by you to make any decision or to refrain from making any decision, and is not a substitute for you seeking appropriate professional advice to address your possible requirements.

We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

7. Website Changes

We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

8. Our Liability

The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

• all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
• any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any Websites linked to it and any materials posted on it, including, without limitation, any liability for;
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
• for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

If you notice any unreliable information or information lacking in accuracy, please contact us using the details below.

9. Information About You and Your Visits to Our Website

We process information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

Lumina Learning wishes to protect the privacy of its registered practitioners, users, customers and visitors to the Website. We strongly advise you to read our Privacy Policies as they explain how Lumina Learning may use your personal data.

Our Privacy Policy is subject to change without us giving you any notice, so please review it regularly.

10. Transactions Concluded Through Our Website

Contracts for the supply of products, materials and/or services formed through our Website or as a result of visits made by you are governed by our General Terms and Conditions of Business.

If there is an inconsistency or conflict between these Terms of Use and our General Terms and Conditions of Business, then our General Terms and Conditions of Business will prevail but only to the extent necessary to resolve that inconsistency or conflict.

11. Uploading Material to Our Website

Lumina Learning may, at its discretion, edit or delete any user’s transmissions, posts, content or uploads to the Website.

Lumina Learning has no liability relating to any user’s transmissions, posts, content or uploads to the Website that may be found to be infringing copyright laws or be defamatory, abusive, libellous, obscene, invasive of privacy or publicity rights, threatening, illegal, or which may incite or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law.

You are not permitted to use the Website in order to solicit others to enrol or become part of any other organisation or to enrol with any other online service.

12. Viruses, Hacking and Other Offences

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any Website linked to it.

You must not create a false identity, nor consciously or unconsciously contravene any regulations upheld by the law, international laws, national laws or applicable local laws.

13. Linking to Our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any Website that is not owned by you.

Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our Website other than that set out above, please contact us using the details below.

14. Links from Our Website

Where our Website contains links to other Websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those Websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

15. Jurisdiction and Applicable Law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

16. Variations

We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Website.

17. Disclaimer of Warranties

Your use of the Website is at your own risk.

The Website and our materials are provided “as is” and “as available” and we disclaim all warranties of any kind, either express or implied.

To the fullest extent permissible pursuant to applicable law, we and the Website disclaim any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights.

We do not warrant that the functions contained on the Website or in our materials will be available error-free or uninterrupted, that defects will be corrected, or that the Website or the servers that make the Website available are free of viruses or other harmful components.

We do not warrant or make any representations regarding the use of the results of the use of the Website or its materials in terms of their correctness, accuracy, reliability, or otherwise.

18. Restrictions by Jurisdiction

You will check if any restriction on the use of Lumina Learning’s materials is applicable in your local jurisdiction, whether imposed by government institutions, laws or regulations.

In the event that such restrictions are applicable, it is your responsibility to ensure you fully comply with any and all such restrictions.

In the event that you do use any psychometric tests or any of Lumina Learning’s materials in contravention of such restrictions, whether knowingly or inadvertently, you will be solely responsible and shall indemnify Lumina Learning against any loss or claim by a third party.

19. General

No amendment, addition or deletion to any of the provisions of these Terms of Use will be binding on Lumina Learning unless documented and signed by a director of Lumina Learning.

No waiver of any of the provisions of these Terms of Use shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.

If any provision of these Terms of Use is held to be unenforceable in whole or in part, the other provisions of these Terms of Use terms shall continue to be valid and enforceable.

No delay, neglect or failure by Lumina Learning to enforce any of the provisions of these Terms of Use or to exercise any of the powers, rights or remedies under these Terms of Use will be deemed to be a waiver of them or in any way prejudice any right of Lumina Learning.

The language of this Terms of Use is English and even though there may be translations of this Terms of Use into languages other than English, English shall be the definitive and binding version and the only language used in the interpretation of this Terms of Use.

20. Contact Us

If you would like to discuss anything relating to these Terms of Use, please contact legal@luminalearning.com.

Glossary

Account Tier: the optional additional Services, as detailed on our website, provided for an agreed period of time.

Customer Agreement: the Lumina Learning Limited Customer Agreement.

Online Account: the online user account that we make available to you.

Participant: an individual who is the subject of a Portrait.

Points: pre-paid virtual credits that can be exchanged for Products through the Online Account.

Portrait: a report produced from a Participant’s responses to a Lumina Learning questionnaire.

Practitioner: an individual who completes a Qualification.

Practitioner Services: any of the following: (i) instructing others how to use a Product, (ii) facilitating and directing the use of a Product, or (iii) providing feedback on and interpretation of Products including Portraits and Product-related reports.

Product: any written content or physical items in any medium that Lumina Learning provides, including all psychometric and competency-based models, questionnaires, Portraits, reports and analyses, learning aids, e-learning content, courses, programmes, online systems, software and mobile device applications.

Qualification: an event run by us or one of our partners to train individuals to use a specific Product.

Reseller: a third party that purchases Products from us and resells them to you.

Services: any Services that Lumina Learning provides in connection with our Products, including Account Tiers, Points, Qualifications, Online Accounts