Terms & Conditions
TERMS OF SERVICE
This website is operated by Luminous Trails. Throughout the site, the terms “we”, “us” and “our” refer to Luminous Trails. Luminous Trails offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your county or town of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Luminous Trails , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some counties or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such counties or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Luminous Trails and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]
Luminous Trails understands and respects our users’ need for privacy. This Privacy Notice (“Notice”) describes the types of information we collect, the purposes for which it is used, and the choices you have with respect to its use.
About Luminous Trails
Luminous Trails creates digital video content across four primary topics. Those being Little Life Tools, Yoga, Meditation and Breathing and Lights on.
Luminous Trails is here to lighten your life’s journey. It’s a site for Light that has in some ways been a lifetime in the making. I offer here my accumulated experience and gathered wisdom from my extensive travels as a global community and environmental trip leader, from many years of teaching yoga and my encounters with many of the world’s bright lights. Ultimately it’s all brought together through the Life Tools I share here which began as a book called Little Book of Life Tools about 15 years ago. That book has now become a large book of life Tools as I’ve added to it over the years whenever I found new ways to help make life a little better. I hope that’s what they do for you. The underlying intention for it all is to spread a little light and ideally leave luminous trails
Who You Are
This Notice applies to users of the Luminous Trails, paying Luminous Trails customers, and Luminous Trails website visitors (“Users”). We encourage you to read this Notice in full to understand our privacy practices before using our Services.
Information We Receive From You
We collect the following information through your use of our Services, and otherwise with your consent. In some cases, we receive information directly from you. For example, when you sign up for the Luminous Trails mailing list, we collect your first name and email address. The types of information that we collect include:
- Information about you and your Luminous Trails Account – Name and email address. This information is collected automatically, or you provide this information to us directly when you sign up for free programs. Name, email address, user ID, username and password. This information is collected automatically, or you provide this information to us directly when you register for an account and sign up for paid programs.
- Order and transaction information – Name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. This information is collected automatically, or you provide this information to us directly when you make a purchase or attempt to make a purchase through the Site.
- Device information – IP address, time zone, device type, operating system, manufacturer, model, and model number, and unique device identifiers such as your user name and password. We collect this information automatically when you use our Services.
- Usage analytics – Browser type, and usage details, such as time, frequency, and use pattern. In some cases, we analyse information on specific end users such as the amount of time spent on the platform. In others we look at data in the aggregate. We use this information to optimize our Services. We collect this information automatically when you use our Services.
- Social media information – Social posts and user generated content, such as user photos, other images you share with us, or screenshots and photos taken during use of our Services. You provide this information to us directly when you post in our community area. In other cases, we collect information about your social media interactions automatically. For example, we may receive information from social media sites when you choose to participate in social media-sponsored activities and offerings we provide via social media plug-ins on our website. In other cases, when you connect with Luminous Trails accounts on third party social networking sites, we may also collect information about your social networking accounts, for example, your name, user name, or handle.
To learn about your information collection choices and to opt-out of data collection, see the “Your Choices” section below.
Information We Receive from Other Sources
- Luminous Trails marketing partners – Marketing partners of our Services may provide information about you when you submit content to them through their services. For example, you may be mentioned in a troubleshooting ticket opened by someone else. We will only use this information for the purpose of providing our Services.
- Other partners – We receive information from other partners to help us find potential customers and enhance our Services with useful information. For example, information provided by our partners allows us to provide optimization services, such as when we receive data analytics from Google Analytics, or Facebook Insights.
How We Use, Share, and Disclose Information
We use collected information to:
- Communicate with you – We may contact you to respond to your inquiries, requests, and/or send important notices either via email. This includes, for example, sending order confirmations and receipts, technical notices, service updates, administrative messages, and providing you with updates about our Services and new features. See “Your Choices” below to learn how to manage your communication preferences.
- Provide customer support – We use your Luminous Trails usage information to resolve support issues that may arise through your use of our Services. Luminous Trails employees are prohibited from viewing the content of data you import into your Luminous Trails account, except when necessary to resolve your support issues. Access is limited to the data required to resolve your support issues.
- Deliver and improve our Services – We use your information to deliver and analyse how you use our Services, develop new products and services, and improve functionality, quality, and user experience. This includes using aggregated, anonymized data to improve our Services. For example, we may use personal data in the aggregate to provide customer support or for research and development purposes. For more information see “Browser and usage information” in the “Information We Receive From You” section above. In other cases, we collect location information such as city, country, and postcode code to facilitate order processing and order shipping for physical products.
- Market our Services – We use your information to market our Services. For example, we may send you an email notification about new product features. Additionally, we may use pseudonymised personal information collected on our website to better tailor marketing or website content, including to run or optimize our service, or for other purposes, such as internal research. For example, we may use market segmentation tactics for targeting purposes, to advertise products and services. To learn more about how we track and use your information, see our Cookie Notice here
- Store data – We store data on servers hosted by NewKajabi.com. We use appropriate technical, administrative, and physical measures to secure your data during storage.
We share information about you with third parties only in the manner described below:
- Marketing and advertising – We do not sell information about you to advertisers or other third parties. We do however, share information such as your name and email address with our marketing partners. For example, we may send you an email notification about new product features. In other cases, we may share names and email addresses with our marketing partners when you sign up for a program which may include use of their products, such as a yoga matt or yoga blocks. If this changes we will obtain your consent first.
- Mergers and acquisitions – If your personal information is transferred to a party unaffiliated with Luminous Trails as part of merger, acquisition, or sale of all or a portion of our assets, we will provide you with notice prior to transferring your personal information to the new entity. Notice will be provided directly through our Services.
- Legal purposes – We disclose your information when we believe that disclosure is (1) reasonably necessary to comply with any applicable law, regulation, subpoena, legal process, or enforceable governmental request; (2) necessary to enforce the provisions of the Notice; (3) required to enforce our Terms of Service, including investigation of potential violations; or (4) necessary to protect against harm to the rights, property, or safety of Luminous Trails , our users, or the public as required or permitted by law.
- External processing and Sub processors – We provide your information to other third parties to help us with our business activities, products, and services. These companies are authorised to use your information only as necessary to provide these services or perform them on our behalf. For example, we may share your IP address with our e-commerce partner to prevent fraud.
Legal Bases for Processing (for EEA users)
If you are an individual from the European Economic Area (“EEA”), we collect and process your personal data only where we have legal basis for doing so under applicable EU laws. The legal basis depends on the Services you use and how you use them. This means we collect and use your personal data only:
- To fulfil our contractual obligations to you;
- To operate our business, including to improve and develop our services, for fraud prevention purposes, improve user experience, or other legitimate interest; and/or
- As otherwise in compliance with law.
If you have any questions about the legal basis for processing, please refer to the “Your Rights” section below or contact us at the address listed in the “Contact Us” section.
We do not respond to web browser “Do-Not-Track” signals.
Behavioural Advertising and Targeted Ads
We do not serve targeted advertisements in our Services at this time. However, you may see targeted ads from us on other websites based on your browsing history or other online activities. We do not participate in the Network Advertising Initiative (NAI), Digital Advertising Alliance (DAA) or TrustArc opt-out programs.
For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt-out of targeted advertising by using the links below:
– Facebook: https://www.facebook.com/settings/?tab=ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
Where appropriate or legally required, we will describe how we use personal information, so you can make choices about how your data is used. You can notify us of your preferences during the information collection process and change your selection at any time by contacting us directly.
- Geolocation – We collect your geographic location when you use our Services. You can restrict our access to and collection of your location information by disabling location-sharing on your browser.
- Marketing emails – You can choose to stop receiving marketing emails by following the unsubscribe instructions included in these emails, or by using the email address listed in the “Contact Us” section below. If you opt out of receiving marketing emails, we may still send you non-promotional emails, such as emails about your Luminous Trails account.
- Account information – You can stop Luminous Trails from collecting information through your Luminous Trails account by contacting us and requesting deactivation of your account using the email address listed in the “Contact Us” section below.
You have certain rights in connection with the personal information we obtain about you. To update your preferences, correct your information, limit the communications you receive from us, or submit a request to exercise your rights, please contact us as specified in the “Contact Us” section.
As required by law, you have the right to:
- Request access to certain personal information we maintain about you;
- Request that we update, correct, amend, erase or restrict certain personal information; and
- Exercise your right to data portability.
For all requests, you can contact us as provided in the “Contact Us” section below to request assistance.
In some circumstances you can withdraw consent you previously provided to us or object to the processing of your personal information, and we will apply your preferences moving forward.
To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information. We may also decline your access request, but in the event we do, we will provide an explanation for our decision. Your request and choices may be limited in certain cases: for example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we or your administrator are permitted by law or have compelling legitimate interests to keep. If you have unresolved concerns, you may have the right to complain to a data protection authority in the country where you live, where you work or where you feel your rights were infringed.
Our Services are not directed to children under the age of 13, and we do not knowingly collect information from children under the age of 13.
How Long We Retain Information
How long we keep information we collect about you depends on the type of information, as described below. We will either delete or anonymize your information or, if this is not possible (for example, the information is stored in backup archives), then we will securely store your information and isolate it from any further use until deletion is possible.
- Information about you and your Luminous Trails Account – We retain your account information for as long as your account is active and a reasonable period thereafter in case you decide to re-activate our Services. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services. Where we retain information for the improvement and development of our Services, we take steps to eliminate information that directly identifies you. If our Services are made available to you through our partners, we retain your information as long as required by the Partner. For more information, see “Information We Receive from Other Sources” above.
- Order and transaction information – When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
- Marketing information – If you have elected to receive marketing emails from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our Services, such as when you last opened an email from us or ceased using your Luminous Trails account. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date the information was created.
We use reasonable and appropriate physical, technical, and administrative safeguards to protect your information from unauthorised use, access, loss, misuse, alteration, or destruction. We also require that third party service providers acting on our behalf or with whom we share your information also provide appropriate security measures in accordance with industry standards. Notwithstanding our security safeguards, it is impossible to guarantee absolute security in all situations. If you have any questions about security of our Services, please contact us using the email address listed in the “Contact Us” section below.
Changes to this Privacy Notice
We periodically update this Notice to describe new features, products, or services, and how those changes affect our use of your information. If we make material changes to this Notice, we will provide notification through our services and/or notify you directly. We encourage you to review this Notice for updates each time you use our Services.
Third Party Services, Applications, and Websites
Certain third party services, websites, or applications you use, or navigate to from our Services may have separate user terms and privacy policies that are independent of this Notice. This includes, for example, websites owned and operated by our customers or partners. We are not responsible for the privacy practices of these third party services or applications.
If you have questions about this Notice or our information handling practices, please contact us at [email protected] .com