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1. Who We Are
This DataHub (herein referred to as
“Website”
) is owned, operated and access to the Website is provided by Lumera ITM UK Limited and we can be contacted at Tempus Court, Onslow Street, Guildford, England, GU1 4SS. The United Kingdom.
2. Service Access
By accessing the Website or any part of the Website, you shall be deemed to have accepted these Terms in full. If you do not accept these Terms, you must leave the Website immediately.
We may revise these Terms at any time and you should periodically check the Website to review the then current Terms of accessing and using the Website.
While the Website is normally available 24 hours a day, access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. We shall not be liable if for any reason the Website is unavailable at any time.
3. Content
Unless otherwise stated, all intellectual property rights in the Website, all material on the Website, the copyright, trademarks and any other without limitation text, tools, photographs and graphical images are the property of Lumera ITM UK Limited or made available to Lumera ITM UK Limited under license.
The Website, the trademarks and brands DataHub, ITM, Independent Transition Management®, PROFUND®, AVIARY®, PENSION FUSION®, oPen®, PROPAY®, CLARITY®, CLASSIC®, PROFUND PRIVATE CLOUD®, oPen2®,
and E-Member are registered trademarks or trade names of Lumera ITM UK Limited.
You are only permitted to access and use the Website for the purpose of accessing our products and/or services. You may not reproduce, modify or adapt the Website in whole or in part without our prior written consent.
No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any use of the Website other than in accordance with these Terms is prohibited.
IF YOU BREACH ANY OF THESE TERMS, YOUR PERMISSION TO USE THE WEBSITE AUTOMATICALLY TERMINATES AND YOU MUST IMMEDIATELY DESTROY ANY DOWNLOADED OR PRINTED EXTRACTS FROM THE WEBSITE. IF YOU HAVE REGISTERED FOR ADDITIONAL SERVICES THROUGH THE WEBSITE THESE ADDITIONAL SERVICES MAY ALSO BE LIMITED OR TERMINATED. THE LICENSE HOLDER THAT HAS ARRANGED YOUR ACCESS OR USE OF THE WEBSITE WILL BE INFORMED THAT YOUR ACCESS TO THE WEBSITE HAS BEEN TERMINATED. ANY SUCH TERMINATION WILL BE WITHOUT ANY LIABILITY ON OUR PART TO YOU OR ANY LICENSE HOLDER.
Any rights not expressly granted in these Terms are reserved.
4. Your Information and Conduct
In respect of any data you upload to the Website you acknowledge and agree that all such date is to the best of your knowledge true, complete and accurate and shall not infringe any other person’s rights and that you will promptly update or correct any such data on becoming aware of any errors or inaccuracies and will provide us with all such assistance as we may reasonably require to identify and remedy any unauthorised use of data.
To the maximum extent permitted by law, we accept no responsibility for any content uploaded by you or any authorised end users to the Website.
You must not post or transmit to the Website any material: (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or (b) for which you have not obtained all necessary
consent, licenses and/or approvals; or (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). You may not misuse the Website (including, without limitation, by hacking or penetration testing).
Other than data that you are legally the Data Controller of, you are not permitted to:
• Download information or personal data from the Website.
• copy, replicate, transmit, transcribe, disclose or otherwise transfer any data or information on the Website to any third party.
• modify, alter, decompile, reverse engineer or otherwise disassemble any data or information on the Website.
• Take screen shots or photographs of the Website.
We will proactively notify and fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting or downloading any material in breach of these Terms.
5. Registration and Passwords
Where you are invited to register for any part of this Website, each registration is for a single user only. You must not share your username and password with any other person or with multiple users on a network.
Whilst credentials will be kept secure in the design of the platform, you are also responsible to ensure that any passwords created for or by you are kept secure and confidential and not shared with anyone else.
Password resets can be requested via a link on the login page in the event that a password has been forgotten. You must change any passwords that have been reset by us as soon as possible.
6. Links to Other Websites
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website.
We have not reviewed these third-party websites and do not control and are not responsible for their content or availability. We do not endorse or make any representations about them, or any material found there. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk. We are not liable for any third party website or web page or its content.
If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and always subject to the following conditions: (a) you do not remove, distort or otherwise alter the size or appearance of the any images or logos; (b) you do not create a frame or any other browser or border environment around the Website; (c) you do not in any way imply that the we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us; (e) you do not otherwise use any trademarks displayed on the Website without our express written permission; (f) you do not link from a website that is not owned or licensed by you; and (g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause for breach of these Terms and to take any action we deem appropriate. You shall be responsible for any loss or damage suffered by us for breach by you of this clause.
7. Disclaimer
This Website exists to provide online services as detailed in specific contracts with each Licensor and is limited to the scope specified in such contracts.
8. Our Liability for Use of This Website
The Website complies with the law of England and Wales. You should only access the Website from the UK or other countries in the European Economic Area (EEA).
The products and services on it are only available to you if you are an authorised user created by Lumera ITM UK Limited or a licensed Client of Lumera ITM UK Limited.
The Website may be accessed from outside of the UK however we take no responsibility and accept no liability for the security of your data if you choose to access the Website from outside of the UK or other countries in the European Economic Area (EEA).
For reasons outside of our control, you may not always be able to access this Website. We are not responsible for any losses if you cannot do so. We are not responsible if any means
of communication, systems, programs or hardware you use to access the Website or to send us information about yourself or to receive information from us does not work properly.
WITHOUT PREJUDICE TO TERMS EXPRESSLY STATED IN THE LICENSE AGREEMENT, WE SHALL NOT BE LIABLE FOR ANY LIABILITY WHATSOEVER, HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE,
INABILITY TO ACCESS THE WEBSITE OR YOUR USE OF OTHER PRODUCTS, SERVICES, AND/OR INFORMATION OTHERWISE MADE AVAILABLE THROUGH THIS WEBSITE AND/OR POSTED BY ANY DEVELOPER OR OTHER USER OR
ADMINSTRATOR OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY DIRECT LOSS, DAMAGES, LOSS OF DATA, INCOME, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES OR ANY INDIRECT OR
CONSEQUENTIAL (INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF OPPORTUNITY OR REPUTATIONAL DAMAGE) OR SPECIAL DAMAGES EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF
SUCH LOSS OR DAMAGE OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE.
We shall not be liable for any losses or costs caused by abnormal and unforeseeable circumstances outside of our reasonable control, which would have been unavoidable despite
all reasonable efforts to the contrary, for example delays or failures caused by industrial action, problems with another system or network, third party viruses or malware,
mechanical breakdown or data-processing failures.
ANY AND ALL USE BY YOU OF THIS WEBSITE OR ANY PRODUCTS INFORMATION OR SERVICES ACCESSED THROUGH THE WEBSITE OR ANY
THIRD PARTY LINKS IS UNDERTAKEN AT YOUR OWN RISK AND YOU ASSUME COMPLETE RESPONSIBILITY FOR ALL LIABILITY, RISK, LOSS OR DAMAGE, RESULTING FROM YOUR DOWNLOADING,
UPLOADING AND/OR USE OF OR REFERRING TO OR RELYING ON INFORMATION, PRODUCTS, PROPERTIES, SERVICES OR MATERIALS PROVIDED ON THIS WEBSITE OR ANY OTHER INFORMATION
OBTAINED FROM YOUR USE OF THE WEBSITE.
Email is not a completely secure means of communication: it may be possible for others to intercept and read your messages, as such, users should not send us any
confidential information or personal data by email unless an approved encryption process and system is used.
Any information sent to us via email is sent solely at the risk of the sender.
9. Governing Law and Jurisdiction
These Terms shall be construed and interpreted in accordance with the laws of England and Wales. All disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.