Terms of Use

Terms of Use

 These Terms of Use were last updated on the 28th April 2022.

 Your agreement to comply with these Terms of Use is indicated by your use of Our Site. If you do not agree to these Terms of Use, you must stop using Our Site immediately. You will also be required to accept these Terms of Use if you sign up for an Account.

The following documents may also apply to your use of Our Site:

·      Our Privacy and Cookie Policy, available at www.luum-paddleboards.co.uk/privacy This is also referred to below in Parts [3,] 7, and 17.

·      If you purchase goods from Us, Our Terms of Sale, available at www.luum-paddleboards.co.uk/termsofuseandsale , will apply to the sale. These terms are also referred to below in Parts 13 and 14.


  1. Definitions and Interpretation

In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means an account required to access certain features on Our Site, as set out in Part 7; “Contact Tools” means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact forms and live chat; “Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; “User” means a user of Our Site; “User Content” means any content such as reviews, comments, or photos, shared by Users on Our Site; and “We/Us/Our” means LUUM Paddleboards and LUUM-paddleboards.co.uk which are trading styles of Fifty Point Four Ltd.

 2. Information About Us

Our Site is operated by Fifty Point Four Ltd. We are a limited company registered in England and Wales under company number 12883888.   Please note we are an online only business, our office and warehouse sites are not open to visitors.

 3. How to Contact Us [and Your Use of Our Contact Tools]

3.1        To contact Us by email, please email Us at HQ@Luum-paddleboards.co.uk, to contact Us by telephone call 01803 362067 Monday - Friday 10am-5pm and to contact Us by post, please write to Us at LUUM Paddleboards, 11 Vaughan Parade, Harbourside, Torquay, Devon, TQ2 5EG - this site is not open to the public.

3.2         Any personal information sent to Us, whether via Our Contact Tools or otherwise (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy.

 4. Access to Our Site

4.1         Access to Our Site is free of charge.

4.2         It is your responsibility to make the arrangements necessary in order to access Our Site.

4.3         Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted.


5. Changes to Our Site

We may alter and update Our Site (or any part of it) at any time to change, remove or add content or details such, but not limited to; pages or page content, increases or decreases to product pricing or add or remove offers. We may at Our discretion give reasonable notice of the alterations.


6. Changes to these Terms of Use

6.1         We may alter these Terms of Use at any time. If We do so, details of the changes will be highlighted at the top of this page. Any changes made to these Terms of Use will apply to your use of Our Site the first time you use it after the changes have been implemented. You are advised to check this page every time you use Our Site.

6.2         If any part of the current version of these Terms of Use conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.


7. Accounts

7.1         Certain current or future features on Our Site, including the ability to purchase goods from Us, may require an Account.

7.2         Only Users aged 18 or over may create an Account. If you are under the age of 18 and wish to use the features on Our Site that require an Account, your parent or guardian must create the Account for you and you may only use the Account with their supervision.

7.3         When creating an Account, the information you provide must be accurate and complete. If any of your information changes, it is your responsibility to ensure that your Account is kept up to date.

7.4         We recommend that you choose a strong password for your Account, consisting of a combination of upper and lowercase letters, numbers and special characters.

7.5         It is your responsibility to keep your Account details safe. You must not share your Account details with anyone else. If you believe your Account is being used by someone else without your permission, please change your password immediately and contact Us using the details above in Part 3.

7.6         You must not use another person’s Account [without their permission].

7.7         All personal information provided by you in your Account will be collected, used, and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy.

7.8         If you wish to delete your Account, you may do so at any time. If you delete your Account, you will no longer have access to the features on Our Site requiring an Account. Deleting your Account will result in the removal of your information from Our Site. For further details about the retention and deletion of personal data, please refer to Our Privacy Policy.

7.9         If you delete your Account, any User Content that you have shared on Our Site may or will also be deleted.

7.10      We may disable your Account if, in Our reasonable opinion, you have breached these Terms of Use (including, but not limited to, Our Acceptable Usage Policy).

 8.  International Users

Our Site is intended for users in the United Kingdom only. We do not warrant or represent that Our Site or its Content are available in other locations or are suitable for use in other locations.

 9. How You May Use Our Site and Content (Intellectual Property)

9.1         With the exception of User Content (please refer to Part 10), all Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.

9.2         Users retain the ownership of the copyright and all other intellectual property rights in their User Content (with the exception of any part of any User Content which is owned by a third party, in which case, Users must obtain express permission for such material to be used in the User Content). For information on the use of User Content, please refer to Part 10.

9.3         You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).

9.4         You may print one copy and download extracts of any page(s) from Our Site for personal use only.

9.5         You may not otherwise modify the printed copies, downloaded extracts, or downloaded or saved Content in any way. Images, video, audio, or any other Content downloaded from Our Site must not be used separately from accompanying text.

9.6         You may not use any Content (including User Content) from Our Site for commercial purposes without first obtaining a licence from Us, Our licensors, or the relevant User, as applicable.

9.7         Our status as the owner and author of the Content on Our Site (or that of identified licensors or Users, as applicable) must always be acknowledged.

 10. Links to Our Site

10.1      You may only link to the homepage of Our Site, www.luum-paddleboards.co.uk. Linking to other pages on Our Site requires Our express written permission.

10.2      Links to Our Site must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.

10.3      You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).

10.4      Your link should not use any logos or trade marks displayed on Our Site without Our express written permission.

10.5      You must not frame or embed Our Site on another website without Our express written permission.

10.6      You may not link to Our Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.


11. Links to Other Sites

11.1      Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.

11.2      The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.


12. Disclaimers

12.1      Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information and entertainment purposes only. You must always seek professional or specialist and/or medical training and advice, relating to paddlesports.

12.2      We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up to date, but to the extent permitted by law, We make no warranties, representations, or guarantees (express or implied) that this will always be the case. Please note that this does not apply to information concerning goods for sale through Our Site. Please refer to Our Terms of Sale, available at www.luum-paddleboards.co.uk/termsofuseandsale  for more information.

12.3      If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.


13. Our Liability

13.1      The provisions of this Part 13 apply only to the use of Our Site and not to the sale of goods. The sale of goods is governed by Our Terms of Sale, available at www.luum-paddleboards.co.uk/termsofuseandsale.

13.2      Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.

13.3      If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.

13.4      If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

13.5      Our Site is intended for non-commercial use only. If you are a consumer, you agree that you will not use Our Site for any commercial or business purposes and that We shall have no liability to you for any business losses as set out above.

13.6      Subject to Part 13.7, if you are a consumer and Our Content (digital content) from Our Site (that is not User Content) damages other digital content or a device belonging to you, where that damage is caused by Our failure to use reasonable skill and care, We will either compensate you or repair the damage.

13.7      Note that the right to compensation or repair in Part 13.6 will be lost if the damage in question could have been avoided by following advice or instructions from Us to install a free patch or update; if the damage resulted from your failure to follow instructions; or if the minimum system requirements provided by Us for the digital content in question were not met.


14.  Viruses, Malware, and Security

14.1      We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.

14.2      You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.

14.3      You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

14.4      You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

14.5      You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

14.6      By breaching the provisions of Parts 14.3 to 13.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.


15.         Acceptable Usage of Our Site

15.1      You may only use Our Site in a lawful manner:

a)            You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;

b)            You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and

c)             You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.

15.2      If you fail to comply with the provisions of this Part 15 and/or Our Acceptable Usage Policy, you will be in breach of these Terms of Use. We may take one or more of the following actions in response:

a)            Suspend or terminate your right to use Our Site;

b)            Issue you with a written warning;

c)             Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

d)            Take further legal action against you, as appropriate;

e)            Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

f)              Any other actions which We deem reasonably appropriate (and lawful).

15.3      We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 16.3) in response to your breach.


16.  How We Use Your Personal Information

We will only use your personal information as set out in Our Privacy Policy, available from www.luum-paddleboards.co.uk/privacy


17.  Communications from Us

17.1      If We have your contact details and/or if you have an Account, We may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms of Use, or to your Account.

17.2      We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take up to 10 working days for your request to take effect and you may continue to receive emails during that time.

17.3      For questions or complaints about communications from Us, please contact Us using the details above in Part 3.


18.  What Happens if We Transfer this Agreement to Another Party

We may transfer (assign) Our obligations and rights under these Terms of Use to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing. Your rights under these Terms of Use will not be affected and Our obligations under these Terms of Use will be transferred to the third party who will remain bound by them.


19. Law and Jurisdiction

19.1      These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

19.2      If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 19.1 takes away from or reduces your legal rights as a consumer.

19.3      If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Use or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England., Wales, Scotland, or Northern Ireland, as determined by your residency.

19.4      If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Use or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.