Website Terms of Use

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Luma – Website Terms of Use

The website (Site) is owned by Capital One (Europe) plc (Capital One) registered office: Trent House, Station Street, Nottingham NG2 3HX and hosted by MI Money Limited. By using you agree to these terms and conditions – which govern your use of the Site, as well as the Site’s content and any email correspondence between Capital One and you.

1. Use of this Site

1.1 Access to the Site is permitted on a temporary basis – and Capital One reserves the right to withdraw or amend its online service without notice. Capital One will not be liable if, for any reason, the Site is unavailable at any time or for any period. From time to time, Capital One may restrict access to some, or all, of the Site.

1.2 The rights in the intellectual property, designs, artwork, logos, photographs and content of the Site are owned by Capital One. Throughout the world they are protected by copyright, trade mark and other laws and treaties. All such rights are reserved. You may print and download extracts of any page from the Site for your personal reference – and may draw the attention of others to material posted on the Site.  You may not otherwise copy, reproduce, modify, distribute, republish, display, post or transmit any part of the Site without the written permission of Capital One (Europe) plc.

2. Contents and advertisements

2.1 Commentaries and other materials posted on the Site are not intended to offer advice. Capital One disclaims all liability and responsibility arising from any reliance placed on these materials by any visitor to the Site, or by anyone who may be informed of its contents.

2.2 Where the Site contains links to other websites and resources, provided by third parties, they are provided for information and convenience only.  Capital One has no control over the contents of those websites or resources, and accepts no responsibility for them – or for any loss or damage that may arise from using them.  Capital One in no way recommends, endorses or guarantees the validity of any content, information, advertising, products, services or other materials provided on any third party websites or resources.  Capital One is not responsible for any contract entered into with a third party through the use of the Site.

3. Capital One Liability

3.1 The content on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, Capital One, and third parties connected to Capital One expressly exclude:

(a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity

(b) Any liability for direct, indirect or consequential loss or damage incurred by any user in connection with the Site – or in connection with the use, inability to use, or results of using the Site, any websites linked to it, and any materials posted on it – including, without limitation, any liability for:

   (i) loss of income or revenue;
   (ii) loss of business;
   (iii) loss of profits or contracts;
   (iv) loss of anticipated savings;
   (v) loss of data;
   (vi) loss of goodwill;
   (vii) wasted management or office time; and
   (viii) Any other loss or damage of any kind, however arising, even if foreseeable, and whether caused by tort (including negligence),
   breach of contract, or otherwise.
(c) Clause 3.1(b) 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.

3.2 Nothing affects Capital One liability for death or personal injury arising from its negligence, nor for its liability for fraudulent misrepresentation or misrepresentation, or any other liability which cannot be excluded or limited under applicable law.

4. Data protection and privacy

4.1 Any details provided to the Luma website which can be used to identify you are stored and processed in accordance with the privacy policy

5. Viruses, hacking and other offences

5.1 You must not misuse the Site 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 the Site, the server on which it is stored, or any server, computer or database connected to it. You must not harm the Site via a denial-of-service attack or a distributed denial-of-service attack.

5.2 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 the Site will cease immediately.

5.3 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 the Site, downloading material from the Site or visiting a website linked to the Site.

6. Changes to the terms

6.1 We may revise these terms of use at any time by amending this page – so are you are expected to check back occasionally for any changes, as they will apply to you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Site.

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

7. Governing law and jurisdiction

7.1 These terms of use, and your use of this Site, are governed by and construed in accordance with the laws of England and Wales. Any disputes will be decided only by the Courts of England and Wales.