User Agreement

This User Agreement, and all policies posted on this platform set out the terms on which Lux Emporium offers you access to and use of this platform, services, applications and tools (collectively ‘Services’).

You agree to comply with all of the above when accessing or using our Services. For information regarding the processing of personal data, please see our privacy policy.

About Lux Emporium

Lux Emporium is a marketplace that allows users to advertise, sell and buy products and services.

Lux Emporium does not have possession of anything listed on the platform, and is not involved in the actual transaction between buyers and sellers. The contract for the sale or service rendered is directly between buyer and seller. Lux Emporium has no a part in the transaction.

Lux Emporium does not review users’ listings or content. Although we may help facilitate the resolution of disputes through the resolution centre, Lux Emporium does not guarantee and has no control over the quality, safety, legality or existence of, items or services advertised; the accuracy of users’ listings, content or feedback. There is no payment gateway on the Lux Emporium platform and it does not control the ability of sellers to sell items or provide services; the ability of buyers to pay for items; and cannot guarantee that a buyer or seller will actually complete a transaction or return an item.

Lux Emporium Usage

with regards to accessing or using the platform services you will not:

• List or upload content or items in inappropriate areas or categories on the platform;
• Breach any laws, policies, our system or third-party rights;
• Sell any counterfeit items, infringe the trademark, copyright or other rights of third parties;
• Use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
• Manipulate the price of any item or interfere with any other user’s listings;
• Post inaccurate, false, misleading, libellous or defamatory content;
• Do anything that may undermine the Feedback or ratings systems;
• Pass on your Lux Emporium account and user ID to another party without our consent;
• Send or post spam, chain letters, pyramid schemes, unsolicited or bulk electronic communications;
• use the contact information of other users for any purpose other than in relation to a specific listing on Lux Emporium, (which includes using this information to send marketing materials directly to Lux Emporium users except the user has given explicit consent to receiving these materials);
• send viruses or any other technologies that may harm Lux Emporium, or the property or interest of Lux Emporium users;
• utilise any robot, scraper, spider or other automated means to access our Services for any purpose;
• bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
• export or re-export any Lux Emporium  application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with specified rules and restrictions;
• infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Intellectual Property Rights“) that belong to or are licensed to Lux Emporium. Some, but not all, actions that may be infringement are copying, distributing, performing, displaying, reproducing, decompiling, disassembling, reverse engineering or preparing derivative works from content that belongs to  Lux Emporium or anyone else;
• infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that is not yours;
• commercialise any Lux Emporium application or any information or software associated with such application;
• harvest or otherwise collect information about users, like email addresses, without their consent; or
• circumvent any technical measures we use to provide the Services.

Termination of Usage

we reserve the right to change or terminate all or part of our Services and/or not provide all or part of our Services to anyone for any reason and/or period of time, at our discretion.

Abusing Lux Emporium

Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, remove or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or remove any discounts, and take technical and legal steps to keep you from using our Services if:

• we think that you are causing problems or potential legal liabilities for us, our users, suppliers or other third parties;
• we think that the restrictions will improve the security of the Lux Emporium community or reduce our or other Lux Emporium  user’s exposure to financial liabilities;
• we think that you are infringing the rights of third parties;
• we think that you are not acting consistently with the letter or spirit of this User Agreement or our policies or abuse our users or employees;
• despite our reasonable attempts, we are unable to verify or authenticate any information you provide to us; or

When a buyer or seller issue occurs we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do what is right for both buyers and sellers.

Listing Conditions

When listing an item or service:

• you are responsible for the legality, accuracy, and content of the item or service listed and agree to list in accordance with all relevant policies;
• your listing may not be immediately searchable by keyword or category for up to 24 hours. Lux Emporium does not guarantee exact listing durations;
• content that violates any of  Lux Emporium’s policies may be modified or removed at  Lux Emporium’s discretion;

Content

When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including, without limitation, creating and using derivative works). We may in particular use your content, including any photographs you upload, for marketing and promotional purposes. This includes (i) offering it to other sellers to use in their listings, and (ii) displaying it to other Lux Emporium users as part of the browsing experience on Lux Emporium. We will also be allowed to keep a copy of any content (including photographs) you upload in our product catalogue for subsequent use for these purposes. You authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future for these purposes. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.

We may offer catalogue and/or product data (including images, descriptions and specifications) that are provided by third parties (including Lux Emporium users). You may use that content solely in your Lux Emporium listings during the time your listings are on the Lux Emporium platform. That permission is subject to modification or revocation at any time at Lux Emporium’s sole discretion.

We try to offer reliable data, but cannot promise that the content provided through the Services will always be available, accurate, complete and up-to-date. You agree that Lux Emporium is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not hold or attempt to hold us or our product data or service data providers liable for inaccuracies. If you choose to use catalogue content and/or product data in connection with your listings, you agree to ensure that the content directly associated with your listings is and remains accurate, and that you continue to fully comply with this User Agreement and all Lux Emporium policies. The catalogue and product data include copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary or identification markings in the catalogue or product data or create any derivative works based on that data (other than by including the data in your listings).

The name ” Lux Emporium ” and other Lux Emporium marks, logos, designs and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Lux Emporium. They may not be used unless expressly authorised by Lux Emporium in writing.

Liability

We try to keep Lux Emporium and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. The notification functionality in Lux Emporium’s Services may not occur in real time. This functionality is subject to delays beyond Lux Emporium’s control.

We and our employees shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us caused, directly or indirectly by:

• your use of or your inability to use our Services;
• delays or disruptions in our Services;
• viruses or other malicious software obtained by accessing, or linking to, our Services;
• glitches, bugs, errors, or inaccuracies of any kind in our Services;
• damage to your hardware device from the use of any Lux Emporium Service;
• the content, actions, or inactions of third parties, including items and services  listed using our Services or the destruction of allegedly fake items;
• a suspension or other action taken with respect to your account or breach of the Abusing Lux Emporium  section;
• the duration or manner in which your listings appear in search results as set out in the Listing conditions section; or
• your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items or services you list our platform.

Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. Lux Emporium is unable to and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users’ implied identities or the authenticity of the information which they provide to us or post on our platform.

Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.

General

If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.

Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

We may amend this User Agreement at any time by email, or via the Messages section of My Lux Emporium  or by posting the amended terms on www.luxemporium.biz . Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.

This User Agreement may not be otherwise amended except through mutual agreement by you and a Lux Emporium representative authorised to do so.

The policies posted on our platform may be changed from time to time. Changes take effect when we post them on the Lux Emporium platform.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.