• CALL 08 6103 7590 TO UPGRADE TO LUMIAIR TODAY

Lumiair – Terms of Use

Swift Networks Pty Ltd ACN 125 828 453, a wholly owned subsidiary of Swift Networks Group Limited ACN 006 222 395, provides a personalised subscription service (Lumiair) that allows our members and their guests to access movies and TV shows (Lumiair content) streamed over the Internet to certain Internet-connected TVs, computers and mobile devices (Lumiair ready devices).

These Terms of Use (which include the Direct Debit / Credit Request  Form) govern your use of our service. As used in these Terms of Use:

  • “Lumiair service”, “our service” or “the service” means the personalised service provided by Lumiair for discovering and watching Lumiair content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service;
  • “Direct Debit / Credit Request Form” means the offer form in relation to Lumiair signed by you and provided to us;
  • “Premises” means the premises of the commercial accommodation business operated by you;
  • “Rooms” means up to the number of rooms specified in the Direct Debit / Credit Request Form being commercially and separately offered rooms at the Premises; and
  • “Term” means the contracted term as specified in the Direct Debit / Credit Request Form..

Membership

  1. Your Lumiair membership will continue for the Term. To use the Lumiair service you must have Internet access and a Lumiair ready device, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time. Your initial Payment Method will be as chosen by you in the Direct Debit / Credit Request Form. Unless you cancel your membership and such cancellation take effect before your monthly billing date, you authorise us to charge your next month’s membership fee to your Payment Method.

Billing and Cancellation

  1. Billing Cycle. The membership fee for the Lumiair service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of your membership (if the day does not occur in a given month then the last day of that month) . We may authorise your Payment Method in anticipation of membership or service-related charges through various methods, including authorising it up to one month of service as soon as you register.
  2. Payment Methods. To use the Lumiair service you must provide one or more Payment Methods. You can update your Payment Methods by emailing us at accounts@lumiair.tv. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorise us to continue to charge the applicable Payment Method(s). You authorise us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
  3. You can cancel your Lumiair membership with 3 months’ notice, and you will continue to have access to the Lumiair service through the end of the 3 month period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unwatched Lumiair content. To cancel, email us at accounts@lumiair.tv. If you cancel your membership, your account will automatically close at the end of your current billing period.
  4. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to our subscription plans will apply to you (“Change Date”) no earlier than 30 days following notice to you. From the time of a notice until the Change Date, you may cancel your membership with effect from the Change Date and you will continue to have access to the Lumiair service through until the Change Date.

Lumiair Service

  1. The Lumiair service and any content viewed through the service are for your commercial use at the Premises and access may only be shared by you to guests of the Rooms. During your Lumiair membership we grant you and your guests of the Rooms a limited, non-exclusive, non-transferable right to access the Lumiair service and view Lumiair content. Except for the foregoing, no right, title or interest shall be transferred to you or your guests, and you agree not to use the service for public performances.
  2. You and your guests may view the Lumiair content only through your Wi-Fi network which you have established at the commencement of the Term. The maintenance and quality of your Wi-Fi network is your sole responsibility. The content that may be available to watch will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch will be limited to the maximum number of Rooms. Lumiair will ensure that the Lumiair service is available on all current standard web platforms and will provide freely available applications on iOS and Android platforms
  3. The Lumiair service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of Lumiair content.
  4. You agree to use the Lumiair service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You are solely responsible for handling and support of your guests who access the Lumiair service. Except as expressly authorised in these Terms of Use, you agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Lumiair service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Lumiair service; use any robot, spider, scraper or other automated means to access the Lumiair service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Lumiair service; insert any code or product or manipulate the content of the Lumiair service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Lumiair service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
  5. The quality of the display of the Lumiair content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all subscription plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.6 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to support up to 10 end user devices. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching Lumiair content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your Lumiair ready device.
  6. Lumiair software is developed by, or for, Swift Networks and is designed to enable viewing of Lumiair content through Lumiair ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the Lumiair and related third-party software.
  7. Lumiair reserves the right to advertise goods, services and anything else of Swift Networks or any third party on or via the Lumiair service in its absolute discretion.

Application Access

  1. You are responsible for any activity that occurs through the Lumiair account, including by your guests. We can terminate your account or place your account on hold in order to protect you, Lumiair or our partners from identity theft or other fraudulent activity.

Warranties and Limitations on Liability.

  1. Except as expressly provided in these Terms of Use, the Lumiair service is provided “as is” and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the laws of your country of residence.

Class Action Waiver

  1. Where permitted under the applicable law, you and Lumiair agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, where permitted under the applicable law, unless both you and Lumiair agree otherwise, the court may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding

 

  1. Miscellaneous
    • Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws applicable to you.
    • Unsolicited Materials. Lumiair does not accept unsolicited materials or ideas for Lumiair content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Lumiair.
    • Customer Support. To find more information about our service and its features or if you need assistance with your account as a venue operator, please visit limiair.tv or contact us on 08 6188 8492. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will prevail. We will use commercially reasonable efforts to ensure that the Lumiair service is available 24 hours a day, 7 days a week, with a minimum monthly uptime commitment of 99%. Uptime is calculated by taking the total number of minutes in a calendar month less the number of minutes of Downtime in the calendar month, divided by the total number of minutes in the calendar month. If Lumiair content, players or metadata are not being distributed by the Lumiair service or the Lumiair service is not accepting and responding to read API requests, such events may qualify as “Downtime”.
    • If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
    • Changes to Terms of Use and Assignment. Lumiair may, from time to time, change these Terms of Use. We will notify you at least 30 days before such changes apply to you. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.
    • Electronic Communications. We will send you information relating to your account (e.g. payment authorisations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided in the Order Form.