Winner of
Terms & Conditions
These Terms & Conditions were created on: 21-12-2021
These Terms & Conditions were last updated on: 08-05-2023
Terms and conditions
1-Introduction
1.1 This document (together with any documents referred to in it) tells you the terms and conditions (the ‘Conditions’) upon which we will supply the Services to you. You may print a copy for future reference.
1.2 ‘Business Day’ means a day other than a Saturday, Sunday or public holiday when banks in London are open for business.
1.3 ‘Event Outside Our Control’ has the meaning given in clause 18.
1.4 ‘Services’ means the services listed on the Website which we may supply.
1.5 ‘Customer’ means in the case of an individual accepting the Conditions on his or her own behalf, such individual, or in the case of an individual accepting these conditions on behalf of a company or other legal entity, the company or other legal entity for which such individual is accepting these Conditions.
1.6 ‘User’ means, in the case of an individual accepting these terms on his or her own behalf, such individual, or, in the case of an individual accepting the Conditions on behalf of a company or other legal entity, an individual who is authorised by Customer to use a Service, for whom Customer has purchased a subscription, and to whom Customer) has supplied a user identification and password (for Services utilising authentication). Users may include employees.
1.7 “Free Services” means Services that Lobium makes available to Customer free of charge. Free Services exclude Services offered as a free trial and Purchased Services.
1.8 Before confirming your order, please read through these Conditions.
1.9 By ordering any of the Services, you agree to be legally bound by these Conditions. You will be unable to proceed with your transaction if you do not accept these terms and conditions.
2-About us
2.1 We, Lobium, own and operate this Website. We’re a limited company registered in England and Wales under company number: 13821282. Our registered office is at 5 Winbury Place, Maidenhead, United Kingdom. Our VAT Number is 402768893.
2.2 Our telephone number is +447714492293.
2.3 Our email address is timw@lobium.ai.
3-Eligibility to purchase from the Website.
To be eligible to purchase the Services and lawfully enter into and form a contract with us, you must be 18 years of age or over.
4-Price
4.1 The prices of the Services are quoted on the order page.
4.2 Prices and any other charges quoted on the order page are based on performance of the Services in the United Kingdom unless otherwise specified.
4.3 Unless otherwise stated, the prices quoted exclude VAT which will be added at the current rate, to the total amount due from you.
5-Payment
5.1 Payment can be made by any major credit or debit card.
5.2 By placing an order, you consent to payment being charged to your debit/credit card account as provided on the order form.
5.3 You must pay 100 percent of the price of the Services in advance. If you pay us by credit or debit card, we will take payment from your card in advance for the advance payment.
5.4 You must pay the amount of our invoice within 15 days of the date of invoice.
5.5 We shall contact you should any problems occur with the authorisation of your card.
6-Order process and formation of a contract
6.1 All orders are subject to acceptance and availability. If we are unable to supply you with the Services in your order due to matters such as unavailability of data, key staff or an Event Outside Our Control or because we have identified a mistake in the description of the Services or the price stated by us, we will notify you. We will not proceed with the order and will refund any sums you have paid us.
6.2 Any order placed by you for the Services constitutes an offer to purchase them from us.
6.3 You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Services.
6.4 A ‘Confirmation Notice’ means an email which we send to you to confirm that we shall be providing the requested Services. A Confirmation Notice will be our acceptance of the offer made in the order to which that Confirmation Notice relates.
6.5 A contract between you and us for the supply of the Services (the ‘Contract’) incorporating the version of these Conditions in force at the time of your order will come into existence when we send you the Confirmation Notice relating to your order. You may print and keep a copy of the Confirmation Notice for future reference.
6.6 If you think that there is a mistake in the Confirmation Notice or if you wish to make any changes, please contact us to discuss this. If you request a change, we will tell you if that is possible and about any changes to the price, delivery or performance dates or any other changes that we need to make as a result of your request. We will ask you if you wish to go ahead with the change.
6.7 We may make
6.7.1 changes to these Conditions as a result of changes in any relevant laws and regulatory requirements,
6.7.2 changes to these Conditions as a result of changes in how we accept payment from you,
6.7.3 changes in the amount payable by you to the extent of any changes in the VAT included in the price or payable in relation to the price.
6.8 If we make any changes in accordance with clause 6.7 we will give you written notice of the changes before we supply the Services. You can choose to cancel the contract if the change would be significantly to your disadvantage.
6.9 Any variation to these Conditions which have been incorporated into the Contract or to the Contract other than those mentioned in clause 6.7 shall only be binding when agreed in writing and signed by you and us.
7-Performance of Services
7.1 Lobium will make available The Services and Content to Customer pursuant these Conditions.
7.2 Lobium will provide standard support for the purchased Services to Customer at no additional charge
7.3 Lobium will use commercially reasonable efforts to make the online Services available 24 hours a day, 7 days a week, except for planned downtime (of which we will give advanced notice, and any unavailability caused by Event Outside Our Control.
7.4 In the event that an Event Outside Our Control prevents us from performing the Services within a reasonable time from the date we accept the order, clause 18 will apply.
7.5 Lobium may make Free Services available to Customer. Use of Free Services is subject to these Conditions. Free Services are provided ‘as-is’, without any warranty or obligation for Lobium to provide indemnification or liability.
8-Use of personal data
8.1 We envisage that we will request personal information from you whilst you use our website. This information will only be requested and processed in accordance with our Privacy Policy, which can be found at https://www.lobium.ai/privacy-policy/.
8.2 In brief, we will act fairly in connection with personal information requested from you, when we request information we will alert you to our Privacy Policy, and unless the information is necessary for a reason specified in the UK General Data Protection Regulation (UK GDPR) we will only process it with your consent. Before receiving your information we’ll endeavour to provide the information required by the UK GDPR.
9-Protection of Customer Data
9.1 Lobium will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Customer Data, as described in the Documentation. Those safeguards will include, but will not be limited to, measures designed to prevent unauthorised access to or disclosure of Customer Data (other than by Customer or Users). The terms of the data processing addendum at https://www.lobium.ai/privacy-policy/
10-Use of Service and Content
10.1 Unless otherwise provided in the Confirmation Notice, Purchased Services and access to Content are purchased as one-off for unlimited term. Customer agrees that its purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Lobium regarding future functionality or features.
10.2 Customer will be responsible for Users’ compliance with these Conditions and Confirmation Notice and be responsible for the accuracy, quality and legality of Customer Data.
10.3 User Restrictions. Customer will not make any Service or Content available to anyone other than Customer or Users, or use any Service or Content for the benefit of anyone other than Customer, unless expressly stated otherwise in a Confirmation Notice. Customer will not sell, resell, license, sublicense, distribute, rent or lease any Service or Content.
11-Intellectual Property
11.1 Reservation of Rights. Subject to the limited rights expressly granted hereunder, Lobium, reserves all of their right, title and interest in and to the Services and Content, including all of their related intellectual property rights. No rights are granted to Customer hereunder other than as expressly set forth herein.
11.2 Access to and Use of Content. Customer has the right to access and use applicable Content subject to the terms of applicable Order Forms and these Conditions.
11.3 License by Customer to Use Feedback. Customer grants to Lobium, perpetual, irrevocable, royalty-free license to use, and incorporate into its services any suggestion, enhancement request, recommendation, correction or other feedback provided by Customer or Users relating to the operation of Lobium’s services.
12-Confidentiality
12.1 Definition of Confidential Information. “Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information of Customer includes Customer Data; Confidential Information of Lobium includes the Services and Content, these Conditions and all Order Forms (including pricing). Confidential Information of each party includes business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without knowledge of any breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party. For the avoidance of doubt, the non-disclosure obligations set forth in this “Confidentiality” section apply to Confidential Information exchanged between the parties in connection with the evaluation of additional Lobium services.
12.2 Protection of Confidential Information. As between the parties, each party retains all ownership rights in and to its Confidential Information. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) to (i) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Conditions and (ii) except as otherwise authorised by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its employees and contractors who need that access for purposes consistent with these Conditions and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. Neither party will disclose these Conditions or any Order Form to any third party other than its Affiliates, legal counsel, and accountants without the other party’s prior written consent, provided that a party that makes any such disclosure to its Affiliate, legal counsel or accountants will remain responsible for such Affiliate’s, legal counsel’s or accountant’s compliance with this “Confidentiality” section. Notwithstanding the foregoing, Lobium may disclose the terms of these Conditions and any applicable Order Form to a contractor or Non-Lobium Application Provider to the extent necessary to perform Lobium’s obligations under these Conditions, under terms of confidentiality materially as protective as set forth herein.
13-If there is a problem with the Services
13.1 If the Services provided do not conform to the Contract due to them not being provided with reasonable care and skill:
13.1.1 you should provide us with details of the problem as soon as reasonably possible.
13.1.2 if we repeat performance of the Services to fix the problem, we will do so at our own cost and as soon as reasonably practicable.
13.2 As a customer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Nothing in these Conditions will affect these legal rights.
14-Cancelling your Contract and returns
14.1 Cancelling before Confirmation Notice
14.1.1 You may cancel your order for the Services by notifying us of your decision to cancel at any time prior to us sending you a Confirmation Notice.
14.1.2 You may notify us of your decision to cancel by:
14.1.2.1 completing a cancellation form found on our Website, printing it and emailing or posting it as detailed below, or
14.1.2.2 sending a statement saying that you wish to cancel quoting your name, address, the name or a description of the Services and your order reference number by:
14.1.2.2.1 Telephone on +447714492293
14.1.2.2.2 Email at timw@lobium.ai
14.1.2.2.3 Post at 5 Winbury Place, Maidenhead, UK
14.2 Cancellation after Confirmation Notice
14.2.1 The ‘Cancellation Period’ means the period of 14 days starting with and including the day after we send you a Confirmation Notice.
14.2.2 If you wish us to begin to supply the Services during the Cancellation Period, you must request us to do this and you must acknowledge that you will lose the right to cancel once the Services have been fully performed.
14.2.3 Unless the Services have been fully performed under the Contract in accordance with your request and acknowledgement referred to in clause 14.2.2 and subject to clause 14.4, you may cancel the Contract within the Cancellation Period by notifying us of your decision to cancel.
14.2.4 You will lose your right to cancel the Contract once the Services have been fully performed in accordance with your request and acknowledgement.
14.2.5 You may notify us of your decision to cancel by:
14.2.5.1 completing a cancellation form found on our Website, printing it and emailing or posting it as detailed below, or
14.2.5.2 sending a statement saying that you wish to cancel quoting your name, address, the name or a description of the Services and your order reference number by:
14.2.5.2.1 Telephone on +447714492293
14.2.5.2.2 Email at timw@lobium.ai
14.2.5.2.3 Post at 5 Winbury Place, Maidenhead, 0
14.2.6 If you cancel the Contract after we have begun the supply of the Services in accordance with your request, you must pay us for the Services we supplied to you before we received notice of your cancellation.
14.3 Refunds on cancellation
14.3.1 So long as you are entitled to cancel, we will refund you the balance of the price and VAT you paid to us after deducting:
14.3.1.1 the value of the Services we supplied before we received your cancellation notice together with VAT payable in respect of that value.
14.3.2 If the Contract is for the supply of services only or for the supply of goods and services with the main purpose being the supply of services, we will refund you the sum in clause 14.3.1 within 14 days of our receipt of your cancellation notice.
14.3.3 We will refund you the sum in clause 14.3.1 using the same method of payment used by you, unless you agree to a refund by a different method of payment.
14.4 Exception to the right to cancel
You will not have a right to cancel in the following situations:
14.4.1 The Contract is for goods which are bespoke or have been personalised or which may deteriorate (such as food).
14.4.2 The Contract is for goods and/or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us.
15-Complaints
If you have a comment, concern or complaint about any Services you have purchased from us, please contact us by telephone on +447714492293, by email at timw@lobium.ai or by post at 5 Winbury Place, Maidenhead, UK.
16-Liability and indemnity
16.1 We have a duty to supply Services to you that conform to the Contract including a duty to ensure that
16.1.1 the Services are carried out with reasonable care and skill
16.2 We cannot exclude our liability for a failure to comply with these duties mentioned in this sub-clause. Nothing in these Conditions affects your legal rights if these duties are not complied with. You can obtain advice about your legal rights from Citizens Advice if you need to.
16.3 We cannot exclude or limit our responsibility to you for:
16.3.1 Death or personal injury resulting from our negligence or the negligence of our employees.
16.3.2 Fraud or fraudulent misrepresentation
16.3.3 A claim for a defective product against us if we do not give you the name of the person who supplied the product to us within a reasonable time of your request for us to do so.
16.4 We are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Contract or as a result of our failure to act with reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We are not responsible for unforeseeable losses.
16.5 We will not be liable for any business losses, loss of profits, loss of contracts, loss of business opportunities, loss of management time, loss of business data or losses due to interruption of your business.
16.6 We will not be responsible for any delay in performing the Services if
16.6.1 we have asked you to provide specified information that is necessary for performing the Services and
16.6.2 you have failed to provide complete and accurate information or you have provided such information later than the date we have asked you to supply it by.
17-Our rights of termination
We reserve the right to terminate the Contract by writing to you if you fail to make any payment to us when due and you still do not make payment within 14 days of us reminding you that payment is due.
18-Events outside our control
18.1 Except for our obligations under this clause, we shall not be responsible for delays or failures in delivery or performance of our obligations to you resulting from any act, event, omission, failure or accident outside our reasonable control (‘Event Outside Our Control’).
18.2 We will take all reasonable steps to minimise a delay in performing our obligations to you which arises from an Event Outside Our Control.
18.3 We will promptly notify you of any Event Outside Our Control which prevents us from or delays us in performing our obligations to you, giving details of it and (where possible) the extent and likely duration of any delay.
18.4 Our performance will be deemed to be suspended for the period that the Event Outside Our Control continues.
18.5 You may end the Contract after we have notified you of an Event Outside Our Control and we will then refund you any money you have paid to us under the Contract for the Services which we have been unable to deliver to you.
19-Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract, but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
20-Alternative Dispute Resolution
In the event of a dispute concerning these Conditions or the Contract, including their interpretation and their application to the circumstances giving rise to the dispute, you or we may refer the dispute to Alternative Dispute Resolution ‘ADR’.
21-Other important terms
21.1 We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
21.2 Every effort is made to keep information on the Website up to date. However, we do not guarantee that this is the case, or that it will always be available.
21.3 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
21.4 All Contracts are concluded in English only.
21.5 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
21.6 A waiver by us of any default shall not constitute a waiver of any subsequent default.
22-Governing law
These Conditions and the Contract are governed by the laws of England and Wales. However, if you live outside England and Wales, you are always entitled to any compulsory consumer protections applicable in the country where you live.
23-Governing jurisdiction
You can bring legal proceedings in respect of the Services in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the Services in either the courts of Scotland or England and Wales. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the courts of Northern Ireland or England and Wales. If you live in the EU, you can bring legal proceedings in respect of the Services in either the courts of your home country or England and Wales.
