LightUp Analytics Ltd

Terms and Conditions

IMPORTANT NOTICE: YOU MUST CAREFULLY READ & AGREE TO THE TERMS AND CONDITIONS BELOW BEFORE USING THE LIGHTUP ANALYTICS SOFTWARE PLUGIN FOR SKETCHUP. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE LIGHTUP-ANAYLTICS SOFTWARE.

The LightUp Analytics.com website is owned by LightUp Analytics Ltd. whose registered office is 65 East Street, Bridport, Dorset (for the purposes of our Terms and Conditions (T&C) this is abbreviated to LUA).  Our Terms and Conditions are an agreement between LUA and the user, it sets out our conditions under which you may access any information, products, services and advertisements available through the Website.

If our T&Cs are not acceptable to the end user in full then permission to access the Website and software should be discontinued. By accessing the Website and purchasing any software deems you to have accepted our T&Cs

Terms and Conditions (T&Cs)

We reserve the right to change our Terms and Conditions at any time.  It is the responsibility of the end users to check on any amendments. If you don’t agree with the changes we have made then discontinue your use.

Warranty

The Website and LUA software is only provided to the end user on an “as is” and “as available” basis without any representation, endorsement or warranty of any kind, express or implied (by law or otherwise).  Specifically, we do not warrant: (1) that any functions on the Website will be uninterrupted or error free; (2) that any effects which may occur will be corrected; (3) that the Website or the server that makes it available, are free from bugs, defects or viruses; or (4) the accuracy of the Material.

You are using the Website and LUA software at your own risk.

Liability

In no event shall we be liable for any loss or damage, howsoever arising, out of or in connection with your use of the Website or the LUA Software, including, without limitation, direct or indirect loss, consequential loss or damage, loss of profit or goodwill, loss arising from use or inability to use, loss arising from any errors or omissions in the Material or in the Website as a result of breach of contract, negligence, delict or tort.

Intellectual Property Rights

The Website, including (but not limited to), artwork, data, frames, graphics, illustrations, logos, music, names, pages, photographs, service marks, software, sound, source codes, text, trade marks, video, and other material (including the Material) is protected by copyright and/or other proprietary rights (the “Intellectual Property Rights”).

The Intellectual Property Rights remain with LUA, or where any material has been licensed to us, with the rights owners of such material.  You may not copy anything from our Website in whole or in part without permission.

Downloaded Material

Any software, is carefully checked for viruses before being downloaded by an end user.  However we recommend that, as an extra precaution you run your own virus check on any software you download before opening it and/or saving it to your disk or hard drive.

Downloading of our non demo LUA software is permitted by us providing: (1) It has been paid for; (2) you do not offer it for sale or for distribution.

Use of the Website

You undertake and warrant to us:

  • not to use the Website for any unlawful purpose;
  • not to make any use of the Website so that the Website is interrupted, damaged, rendered less efficient, or the functionality of the Website is in any way impaired;
  • not to copy, reproduce, recompile, de-compile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit or in any other way exploit any part of the Website;
  • not to use the Website for the transmission or posting of any computer viruses or any material which, in our sole opinion, is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety to any person;
  • not to use the Website in a manner which, in our opinion,  amounts to a violation or infringement of the rights of any person, firm or company (including but not limited to rights of copyright, confidentiality or privacy);
  • not to use the Website to transmit any material for the purposes of publicity, promotion and/or advertising on behalf of yourself or anyone else;
  • should you have any right, claim or action against any other person arising out of the use of the Website, you shall pursue such right, claim or action independently of, and without recourse to, us.

Right of Automatic Suspension

We shall have the right to immediately suspend your access to the Website if you commit a breach of these Terms and Conditions, and the right to remove any material that we, at our sole discretion, consider to be defamatory, or otherwise in breach of any of the above warranties.

Indemnity

You will indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these Terms and Conditions or any use of the Material or the Website.

Links to other Websites

Links are only permitted to the Home Page of the Website.  You must not make the Website or any part of it available as part of another website. You must not make the Website or any part of it appear on any other website as having a special relationship with that or any other website(s).

Our website may contain links to other websites operated by third parties that we do not control and we have no responsibility for their content.

Exclusion of Liability in Relation to Third Party Websites

We accept no liability with respect to any of the products, information, material or services offered or provided by any persons or other organisations listed on, or linked to, the Website, nor do we endorse any of them or any of their products or services. Should you decide to contract with any such person or organisation, the contract will be directly between you and that other party. We will have no contractual involvement, and will not be liable to you in contract or otherwise for any losses or damages that you suffer in relation to and as a result of products, information, materials or services provided to you by any of these organisations.

Severability

If any of our Terms and Conditions are deemed to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent and within the jurisdiction in which that Term or Condition is found to be illegal, invalid or unenforceable, it shall be severed and deleted and the remainder of the Terms and Conditions shall remain in full force and effect, and shall continue to be binding and enforceable.

Privacy

Any information we gather about end users will be kept private and will be subject to the Data Protection Act.

Waiver

No waiver by LUA of any breach by you of any of these Terms and Conditions shall constitute a waiver of any other breach, and no failure to exercise or partial exercise by us of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy in part or in full.

Law and Jurisdiction

These Terms and Conditions shall be governed by English law.  All disputes arising from them shall be submitted to the English courts.

If you have any queries about these Terms and Conditions, you may contact us enquiries@lightup-analytics.com

Legal Information – LightUp Analytics Ltd

Company registered in England No: 08502634

Registered Address: 65 East Street, Bridport, Dorset, England, DT6 3LB