Terms & Conditions for Lumu Design Studio
Last Updated: 1 March 2024
Please read these Terms and Conditions carefully before using Lumu Design Studio and engaging with our services. These Terms govern your access to and use of the Website and establish the legal agreement between you and Lumu Design Studio.
By accessing or using the Website and engaging with our services, you acknowledge and agree to be bound by these Terms. If you do not agree with any provision of these Terms, please refrain from using the Website or our services.
Use of the Website
a. Eligibility: You must be at least 18 years old to use the Website and engage with our services. By using the Website, you represent and warrant that you are 18 years of age or older.
b. Account Registration: In order to access certain features or services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to maintain its accuracy. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. We reserve the right to suspend or terminate your account if any information provided is inaccurate, misleading, or violates these Terms.
c. Prohibited Conduct: You agree not to engage in any of the following prohibited activities:
Violating any applicable law or regulation.
Infringing upon the intellectual property rights of others.
Posting or transmitting any content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.
Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
Interfering with or disrupting the operation of the Website or the servers or networks used to make the Website available.
Engaging in any activity that could damage, disable, overburden, or impair the Website or our services.
d. Content Ownership: All content, including text, graphics, images, logos, and designs provided on the Website, is the property of Lumu Design Studio or its licensors and is protected by intellectual property laws. You may not use, reproduce, modify, distribute, or display any content without our prior written consent.
Services
a. Description of Services: We offer Design services, including Brand and Website Design. The specific details and scope of the Services will be agreed upon separately through a formal contract or agreement.
b. Communication and Feedback: We will communicate with you regarding the Services through the contact information provided by you. You agree to provide accurate and up-to-date contact information and promptly respond to our inquiries or requests for feedback or information related to the Services.
c. Ownership and License: Unless otherwise specified in the formal contract or agreement, all intellectual property rights associated with the designs, logos, or other creative works created as part of the Services shall remain the property of Lumu design Studio. Upon completion of the Services and full payment, we grant you a non-exclusive, non-transferable license to use the deliverables solely for your business purposes.
Payment and Fees
a. Payment Terms: The fees and payment terms for the Services will be agreed upon separately in a formal contract or agreement. You agree to pay all applicable fees in a timely manner as specified in the agreed-upon terms.
b. Refunds: Refunds are subject to the terms and conditions outlined in the formal contract or agreement. No refunds will be provided after the final deliverables have been approved or if the Services have been substantially completed.
Limitation of Liability
a. Disclaimer of Warranties: The Website and Services are provided on an "as is" and "as available" basis, without any warranties or representations, express or implied. We disclaim all warranties, including but not limited to the warranties of merchantability, fitness for a particular purpose, non-infringement, and title.
b. Limitation of Liability: In no event shall Lumu Design Studio, be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Website or the Services, whether based on contract, tort, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.
Modifications and Termination
a. Modifications: We reserve the right to modify, suspend, or discontinue any aspect of the Website or Services at any time without notice. We may also update or modify these Terms from time to time. By continuing to use the Website or engage with our services after any modifications to these Terms, you accept and agree to be bound by the updated Terms.
b. Termination: We may terminate your access to the Website or your engagement with our services at any time for any reason without prior notice. Upon termination, your right to use the Website or the Services will immediately cease.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Sydney, New South Wales, Australia, without regard to its conflict of laws principles. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Sydney, New South Wales, Australia.
Severability
If any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed from the Terms, and the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.
Entire Agreement
These Terms constitute the entire agreement between you and Lumu Design Studio regarding your use of the Website and engagement with our services, superseding any prior agreements or understandings, whether written or oral.
Contact Us
If you have any questions, concerns, or inquiries regarding these Terms, please contact us at hello@lumu.com.au.
By using the Website or engaging with our services, you acknowledge and agree to these Terms and Conditions.
