Terms and Conditions

Terms of service

 

Terms and Conditions of Service Agreement

 

Last Updated on November 7th, 2023

 

This software application and the associated https://lomi.com website (collectively, the “Digital Media”) are owned and operated by or on behalf of Open Mind Developments Corporation and/or its affiliates (collectively, “OMD”).  These Terms and Conditions of Service (the “Terms and Conditions”) contain the terms, covenants, conditions and provisions upon which you may access and use the Digital Media and any other services and related information provided to you by OMD (collectively, the “Services”), either through the Digital Media or through other means and media, including but not limited to software, applications and data (collectively, the “OMD Materials”). As used herein “you” shall be deemed to refer to you as the individual accessing the Services. 

 

Before accessing the Digital Media and/or any of the Services please read these Terms and Conditions carefully, as well as OMD’s Privacy Policy and all other OMD policies referenced herein.  Accessing the Digital Media, Services and any OMD Materials is conditioned on your agreement to these Terms and Conditions and the Privacy Policy.  By accessing the Services [or by clicking to accept or agree to these terms when this option is made available to you], you are indicating your Agreement to the Terms and Conditions as they relate to the Digital Media and its content, the Services and all related OMD Materials. By using the Services and/or any OMD materials, you agree that the Terms and Conditions will apply to your access to the Services and OMD Materials and you also consent to the use of your personal data by OMD and its authorized service providers as set out in the Privacy Policy. If you do not agree with these Terms and Conditions or the Privacy Policy, you must not access the Digital Media, the Services or any OMD Materials, and OMD grants you no right to do so.  Notwithstanding the foregoing, if you are accessing the Services or the OMD Materials as obtained through an authorized third party (such as the Apple App Store or the Google Play Store) and pursuant to the terms of an applicable end user license agreement with such third party and/or with OMD, the terms of that end user license agreement (which may incorporate these Terms and Conditions by reference) shall apply.

 

BY AGREEING TO THESE TERMS AND CONDITIONS, YOU CONFIRM THAT YOU UNDERSTAND AND INTEND THESE TERMS AND CONDITIONS TO BE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT AND EQUALLY BINDING, AND THAT YOU ACCEPT SUCH TERMS AND CONDITIONS AND AGREE TO BE LEGALLY BOUND BY THEM. Additionally, you confirm your understanding that these Terms and Conditions shall apply to any OMD mobile application or OMD content on third-party social media services (e.g., a OMD Facebook® page) that reference these Terms and Conditions. In such instances, the term “Service” shall include the applicable mobile application or OMD content whenever that term is used herein.

OMD RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS UPON NOTICE, WHICH MAY BE GIVEN BY OMD POSTING SUCH CHANGE (OR REVISED TERMS AND CONDITIONS) ON THE SERVICE, BY E-MAIL, OR ANY OTHER REASONABLE WAY.  IF A CHANGE IS NOTIFIED BY A POSTING ON THE SERVICE, IT SHALL BE DEEMED TO TAKE EFFECT WHEN POSTED[, AND APPLY TO ALL ACCESS RO AND USE OF THE SERVICES OR OMD MATERIALS THEREAFTER]; IF A CHANGE IS NOTIFIED BY E-MAIL, IT SHALL BE DEEMED TO TAKE EFFECT WHEN THE E-MAIL IS SENT; AND IF A MODIFICATION IS NOTIFIED IN ANY OTHER WAY, IT SHALL BE DEEMED TO TAKE EFFECT WHEN THE RELEVANT NOTICE IS COMMUNICATED TO YOU BY OR ON BEHALF OF OMD.  [HOWEVER, ANY CHANGES TO THE DISPUTE RESOLUTION PROVISIONS SET OUT IN DISPUTE RESOLUTION WILL NOT APPLY TO ANY DISPUTES FOR WHICH THE PARTIES HAVE ACTUAL NOTICE BEFORE THE DATE THE CHANGE IS NOTIFIED.] YOUR CONTINUED USE OF THIS DIGITAL MEDIA AND ACCESS AND USE OF THE SERVICES OR ANY OMD MATERIALS FOLLOWING NOTICE OF SUCH MODIFICATIONS WILL BE CONCLUSIVELY DEEMED ACCEPTANCE OF ANY CHANGES TO THESE TERMS AND CONDITIONS. YOU AGREE THAT NOTICE OF CHANGES TO THESE TERMS AND CONDITIONS ON THE SERVICE, DELIVERED BY EMAIL, OR PROVIDED IN ANY OTHER REASONABLE WAY CONSTITUTES REASONABLE AND SUFFICIENT NOTICE. THE DIGITAL MEDIA, THE SERVICES AND THE OMD MATERIALS ARE OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER. YOU MAY ONLY USE THE DIGITAL MEDIA, THE SERVICES AND THE OMD MATERIALS PURSUANT TO THESE TERMS AND CONDITIONS IF YOU ARE OVER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE AND OTHERWISE HAVE THE LEGAL CAPACITY TO AGREE TO AND BE BOUND BY THESE TERMS AND CONDITIONS



General Terms and Conditions:

 

License Grant

The specific Services to be provided by OMD pursuant to these Terms and Conditions are those that: i) have been agreed to by OMD and you pursuant to an ordering document (whether electronic and provided through the Service, a paper document, a purchase through a third party service such as the Apple App Store, Google Play Store or otherwise) or an order placed by you via telephone (where applicable); or ii) have been agreed to pursuant to a separate agreement between OMD and your employer or other third-party organization that has arranged for you to be provided with Services (an “Order”). OMD hereby grants you a personal, revocable, non-exclusive, non-transferable license to access and use the OMD Materials provided as part of the Services contemplated in the relevant Order. Unless otherwise expressly authorized by OMD in writing, you may only use the OMD Materials for your own personal, non-commercial purposes. You may not make any use of any copies of the OMD Materials kept following the expiration and termination of the license to the OMD Materials other than as set out herein. You agree and acknowledge that any use and/or access to any Services or OMD Materials that exceeds the license restrictions set out herein or as set out in any Order is strictly prohibited. You may not modify, create derivatives of, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, download, store, or otherwise use any OMD Materials or other information or material obtained from or through the Digital Media or as part of the Services unless specifically authorized to do so in writing by OMD or as permitted by applicable law. Further, you may not post any OMD Materials or other content from the Digital Media to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites, without the prior express written consent of OMD, which consent may be withheld by OMD in its sole discretion. You agree that you will not use the Services, any OMD Materials or the Digital Media for any purpose that is unlawful or prohibited by these Terms and Conditions, including but not limited to attempting or actually (i) disrupting, impairing or interfering with the Digital Media, the Services or the OMD Materials; (ii) collecting any information about other users of this Service, including passwords, accounts or other information; (iii) providing any OMD Materials to anyone other than you; or (iv) posting any notice or advertisement or sending any email, of a commercial nature or otherwise, intended to solicit business from other users of OMD Materials.

 

You shall not conduct, facilitate, authorize or permit any text or data mining or web scraping in relation to our Digital Media or any Services. This includes using (or permitting, authorizing, or attempting the use of): (i) any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access , obtain, copy, monitor or republish any portion of the Digital Media or any data, content, information or Services; (ii) any automated analytical technique aimed at analyzing text and data in digital form to generate information which includes but is not limited to, patterns, trends and correlations.

If you are based in the EU or the UK, you agree that the provisions of this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).
The above clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

 

If you have been provided with access to any Services, OMD Materials or Digital Media that represents a beta, test or other OMD-release version thereof (in each case, a “Beta Release”), you acknowledge and agree that your access to such Services, OMD Materials or Digital Media may be suspended or terminated at any time by OMD in its sole and absolute discretion and, if and when OMD determines to release a finished commercial version of such Services, OMD Materials and Digital Media, you may be required to add, install or add a new account for that finished commercial version in order to obtain access to it.

 

Intellectual Property Rights

The OMD Materials and all other materials made available within the Digital Media or otherwise as part of the Services, unless otherwise indicated, are protected by law including, but not limited to, U.S., Canadian, European copyright, trade secret, trademark and patent law, as well as other federal, provincial, state, national, and international laws and regulations. The content, content layout and design of all OMD Materials and all other information on the Digital Media are the exclusive property of OMD or its licensors and, except as expressly provided herein, OMD does not grant any express or implied right in any such materials to you. In particular and without limitation, OMD owns the copyright in the Digital Media and the OMD Materials as collective works, and in the selection, coordination, arrangement, and enhancement of the content of the Digital Media and the OMD Materials. You agree that you will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Digital Media, the Services of the OMD Materials any software, documentation or data related to the Services; modify, translate, or create derivative works based on the Digital Media, the Services or any OMD Materials (except to the extent expressly permitted by OMD or authorized within the Services); use the Digital Media, the Services or any OMD Materials for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.

The company names and marks “Pela”, “Lomi”, “Lomi by Pela” and all other names, logos, and icons identifying OMD and/or OMD products and Services are proprietary marks of OMD or its licensors. Third-party trademarks displayed within the Digital Media or in the OMD Materials are the property of their respective owners. Except for the limited license to use the OMD Materials and the Digital Media as set forth herein, all other rights are expressly reserved by OMD. Unauthorized use or distribution, transfer or copying of the OMD Materials (alone or merged with other content, software, documentation or services), or failure to comply with any restriction herein will result in automatic termination of your license to access the Digital Media, the Services and the OMD Materials, your return or destruction (at our option) of any copies of the materials you have made, and will make available to OMD other legal remedies.

Orders

Orders placed by you or any third party on your behalf are only valid when accepted by OMD or its authorized third-party distributors. You (or your organization or other third party as may have been separately agreed) will pay OMD (or its authorized third party distributor) the fees as specified on the relevant Order, which are due in full prior to access being granted to the Digital Media, the OMD Materials and/or any Services (unless payment installments have been expressly agreed to by you, or a third party on your behalf, and OMD in writing). OMD reserves the right to revise or modify the content of any OMD Materials provided as part of the Services sold pursuant to an Order at any time.

Disclaimers

OMD obtains the content of all OMD Materials from sources believed by it to be accurate and reliable. However, because of the possibility of human or mechanical error as well as other factors, all Digital Media content and all OMD Materials are provided on an “AS IS” and “AS AVAILABLE” basis without representation,  warranty or other term of any kind, and THE OMD PARTIES MAKE NO REPRESENTATION,  WARRANTY OR OTHER TERM, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO DIGITAL MEDIA CONTENT OR ANY OMD MATERIALS. You acknowledge and agree that in no event shall OMD be responsible or liable for the consequences of reliance on any statements, opinions or content presented within the Digital Media, in the OMD Materials or provided otherwise as part of the Services. You agree that any other disclaimers which appear within the Digital Media, in the OMD Materials or otherwise with respect to the Services are incorporated by reference into these Terms and Conditions.

OMD makes no representation, warranty, or other term that any OMD Materials and/or other content on the Digital Media are appropriate or available for use in any particular locations, and access to them from territories where any such content illegal is prohibited. If you choose to access the Digital Media and/or any OMD Materials from such locations, you do so on your own volition and are responsible for compliance with any applicable local laws, rules, and regulations. OMD may limit the availability of the Digital Media and/or OMD Materials, in whole or in part, to any person, geographic area or jurisdiction OMD chooses, at any time and in OMD’s sole discretion. You agree and acknowledge that no oral or written information or advice given by OMD or any of its employees or agents in respect to the Digital Media or any OMD Materials shall constitute a representation, warranty, or other term unless such information or advice is incorporated into these Terms and Conditions by a written agreement.

 

FURTHER, THE OMD MATERIALS AND OTHER CONTENT MADE AVAILABLE ON THE DIGITAL MEDIA AND OTHERWISE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THERE MAY BE TIMES WHEN THE DIGITAL MEDIA OR ITS CONTENTS AND/OR PARTICULAR OMD MATERIALS ARE UNAVAILABLE. MOREOVER, OMD MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE SERVICE, TO THE OMD MATERIALS OR TO OTHER CONTENT DESCRIBED OR MADE AVAILABLE ON THE DIGITAL MEDIA AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE OMD MATERIALS AND ANY OTHER CONTENT MADE AVAILABLE ON THE SERVICE. YOU ACKNOWLEDGE THAT SOME OR ALL OF THE SERVICES MAY BE IN A BETA PHASE OF DEVELOPMENT FOR AN INDEFINITE PERIOD OF TIME.

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THE COLLECTIVE LIABILITY OF OMD AND ITS LICENSORS? SERVICE PROVIDERS? EMPLOYEES? AGENTS, OFFICERS AND DIRECTORS TO YOU OR ANY OTHER THIRD PARTY ARISING OUT OF THE PROVISION OF SERVICES OR USE OF THE DIGITAL MEDIA, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO THE GREATER OF: I) THE ACTUAL FEES PAID FOR THE SERVICES TO WHICH ANY SUCH CLAIM OF LIABILITY RELATES DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR II) ONE HUNDRED CANADIAN DOLLARS (CAD $100). EXCEPT WHERE APPLICABLE LAW MANDATES OTHERWISE, IN NO EVENT SHALL OMD OR ITS LICENSORS AND AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, REVENUE, PROFITS, USE, GOODWILL, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT OR OTHER ACTION, ARISING OUT OF OR IN CONNECTION WITH THE DIGITAL MEDIA, SERVICES AND/OR OMD MATERIALS EVEN IF OMD IS ADVISED OF THE POSSIBILITY THEREOF.

 

You must use all reasonable endeavors to mitigate any loss or damage whatsoever (and however arising) and nothing in these Terms and Conditions shall be deemed to relieve or abrogate you of any such duty to mitigate any loss or damage.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct [or death or personal injury caused by products you purchase through the Digital Media, Services or OMD Materials].

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnity

You agree to defend, indemnify and hold harmless OMD, its licensors and suppliers, all of their affiliates, and all of their respective officers, directors, employees, shareholders, representatives, agents, successors and assigns, from and against any claims, damages, liabilities, judgments, awards, losses, costs, expenses, or fees (including reasonable legal, attorneys’ and professionals' fees and court costs) arising out of any third party claims based on or related to your use of the Digital Media, your use of the OMD Materials, your use of the Services and/or any breach by you of these Terms and Conditions.

Submissions, Usage Data

OMD and/or our service providers may make available through the Service, the OMD Materials or otherwise during the provision of Services, certain services to which you are able to post or otherwise record comments, information and/or feedback (for example, satisfaction surveys, message boards, blogs, chat features, messaging and/or comment functionalities, but excluding any personal logs). Any ideas, suggestions, information, feedback, know-how, material, and any other content other than Beta Feedback (collectively, “Submissions”) posted and/or received through the Digital Media, the Services or otherwise, will be deemed to include a worldwide, royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive, transferable and fully sublicensable (through multiple tiers) right and license for OMD and its service providers, and each of their and our respective licensees, successors, and assigns,  to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. Any Submissions you post or which are received through the Digital media, the Services or otherwise will be considered non-confidential and non-proprietary. You hereby waive: (i) any claim to the contrary; and (ii) any “moral rights” associated with your Submissions. You represent and warrant that you have all rights necessary for you to grant the foregoing license, and that each Submission you provide to the Digital Media complies with all applicable laws, rules and regulations. You are and remain responsible and liable for the content of any Submission. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS SECTION, PLEASE DO NOT POST, TRANSMIT OR OTHERWISE MAKE ANY SUBMISSION. ANY SUBMISSIONS MADE ARE DONE SO AT YOUR OWN RISK. Please note, OMD does not control any of the user-submitted Submissions, they do not reflect the opinion of OMD, and OMD does not guarantee their accuracy or endorse any of the opinions expressed. OMD is not responsible or liable for: (i) any Submissions, including, without limitation, any errors or omissions in such Submissions, links or images embedded therein, or results obtained by using any of the same; or (ii) any loss or damage caused by the Submissions or resulting from the use (including without limitation republication) or misuse thereof by any third party, including your reliance thereon.

 

You understand and acknowledge that you are responsible for all Submissions posted by you. OMD HAS NO RESPONSIBILITY FOR SUCH SUBMISSIONS. You hereby represent and warrant that you have all necessary rights in and to all Submissions that you provide. You agree that you shall not upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using the Services, the OMD Materials or the Digital Media that: (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the safety, security or privacy of any third party, (iii) are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights and/or trademarks, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) promote or advocate any religion or religious figure, or ridicule or present any religion or religious figure in an offensive manner; (viii) promote or advocate any political party or organization, political or public figure, or ridicule or present any political party or organization, or political or public figure in an offensive manner; (ix) advertise or otherwise solicit funds or are a solicitation for goods or services except where expressly authorized by OMD in writing in its sole and absolute discretion; or (x) are treated as confidential under any contract or policy. Transmission of such material shall constitute a breach of these Terms and Conditions. OMD does not and cannot review every submission by users and is not responsible for, nor does it endorse, such submissions. However, OMD retains the right, but not the obligation, to review, edit or delete any Submissions which OMD determines, in its sole and absolute discretion, to be illegal, offensive, or otherwise inappropriate. All information submitted by you which constitutes personal information shall be subject to our Privacy Policy.

 

You acknowledge that you will not use the Services, the OMD Materials, the Digital Media or any products obtained from or through OMD in a way that would be damaging to OMD’s public reputation or that of its employees, partners, management and related entities. Additionally, you acknowledge that OMD may not OMD-screen all submitted Submissions, but that OMD and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Submissions that is submitted via the Services or the Digital Media, particularly Submissions provided when ordering any customized products or Services. You acknowledge that certain features of the current Services, OMD Materials and Digital Media, including but not limited to chat features, are not intended for access and/or use by children under the age of 18.

 

Without limiting any other provision of these Terms and Conditions, OMD may use the Services and the Digital Media to collect data (the “Usage Data”) concerning usage of the Services and the Digital Media by its authorized end users; provided that OMD shall have no right to use any personally identifying information (such as name, address, telephone number, social insurance number, social security number or other government identification number) except for the purposes set forth in the Privacy Policy. The Usage Data shall be owned by OMD and OMD may use the Usage Data for any purpose. OMD agrees to keep the names of its authorized end users confidential in connection with the Usage Data.

 

If you have been provided with access to a Beta Release of any Services, OMD Materials or Digital Media, you may have the opportunity to provide feedback, suggestions and other input (collectively, the “Beta Feedback”) concerning the Beta Release. You acknowledge and agree that your access to such Beta Release is provided in consideration of all Usage Data and Beta Feedback in respect of your use of the Beta Release. You acknowledge and agree that as between you and OMD, OMD shall be the sole and exclusive owner of all right, title and interest in and to any such Usage Data and Beta Feedback without any compensation or further obligation being owed to you. You hereby waive any moral right you may otherwise have in respect of such Usage Data and Beta Feedback. You acknowledge and agree that OMD has no obligation to utilize or retain any such Usage Data or Beta Feedback and that OMD may freely assign or otherwise dispose of any or all of such Usage Data and/or Beta Feedback in its sole and absolute discretion.

 

Export Restrictions

No OMD Materials, and no software or any other materials associated with the Digital Media and/or Services, may be downloaded, obtained or otherwise exported or re-exported to countries or persons prohibited under relevant export control laws, including, without limitation, countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from the Digital Media or provided in any other manner by OMD, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

Dispute Resolution

THIS PARAGRAPH CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE THE RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW CAREFULLY. Any dispute, controversy or claim arising out of or relating to these Terms and Conditions, including any disputes relating to the content of Service, the OMD Materials and/or the provision of Services, whether sounding in contract, tort, statute or otherwise, shall be finally resolved by arbitration. Any claim must be brought in the claimant’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitration shall be conducted by one arbitrator in English and in accordance with the Vancouver (Canada) International Arbitration Centre (the “VanICAC” (British Columbia, Canada) Domestic Arbitration Rules, as amended on September 1, 2020 for Domestic Arbitrations, and the Vancouver Arbitration Centre International Commercial Arbitration Rules, as amended on July 1, 2022, for International Arbitrations, which shall administer the arbitration and act as appointing authority (unless another arbitrator is mutually agreed by OMD and you). The place of the arbitration shall be Kelowna, British Columbia, Canada. The decision of the arbitrators shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrators determine. The decision of the arbitrator may be entered in any court of competent jurisdiction. You agree to submit to the jurisdiction of the provincial and federal courts having competent jurisdiction within British Columbia, Canada for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, OMD may seek preliminary injunctive relief from any court of law having competent jurisdiction in the event of a breach of these Terms and Conditions and/or any applicable law by you.

 

[ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE DIGITAL MEDIA, THE SERVICES AND/OR THE OMD MATERIALS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.]

 

Term, Termination

These Terms and Conditions will take effect when you first access the Digital Media and/or Services. OMD reserves the right at any time and for any reason to deny you access to the Digital Media, Services, the OMD Materials or any portion thereof. In the event of any such denial, any fees paid by you or on your behalf related to Services not yet provided will be refunded to you unless such denial is by reason of your breach of these Terms and Conditions or other misuse of the Digital Media, Services and/or OMD Materials. Termination will be effective without notice.

Waiver

Failure to insist on strict performance of any of the terms and conditions of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by OMD of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

Nature of Relationship

No joint venture, partnership, employment, or agency relationship exists between you and OMD as a result of these Terms and Conditions or your utilization of the Digital Media and/or the Services.

Severability

The provisions of these Terms and Conditions are severable. If any provision (or part of any provision) shall be determined to be void or unenforceable, the relevant provision or part of any provision shall be deemed deleted and these Terms and Conditions, and the validity and enforceability of all remaining provisions (and parts of any provisions) of these Terms and Conditions, shall not be affected.

Entire Agreement/Reservation of Rights

As set out above, your rights to use the Digital Media, the OMD Materials, and any other material available on or through the Digital Media may be subject to separate written agreements with OMD, including an Order (“Other Agreements”). Particular content, pages or features of this Service, the Services and/or the OMD Materials with content supplied by OMD or its licensors may also have different or additional terms ("Special Terms"), which will be disclosed to you when you access those portions of content, pages or features, and by accessing or using such content, pages and features, you will be deemed to have agreed to the applicable Special Terms. If there is a conflict between these Terms and Conditions and the Special Terms, the Special Terms will govern with respect to such content, pages or features. In the event of a conflict between these Terms and Conditions and one or more Other Agreements, the terms of such Other Agreement(s) shall govern and control. With the exception of any Special Terms and Other Agreements, these Terms and Conditions (including the Privacy Policy and any Additional Policies referenced herein) represent the entire agreement between you and OMD with respect to your use of the Digital Media, the OMD Materials and any content made available on or through the Service, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, covenants,  warranties, and other terms, or communications and proposals, whether electronic, oral, or written between you and OMD with respect to the Digital Media content, Services and/or OMD Materials. Any rights not expressly granted herein are reserved. Notwithstanding the foregoing, OMD data collection and usage practices in connection with the Digital Media are as set forth in the Privacy Policy.

Contact Information

If you would like to contact OMD regarding these Terms and Conditions or the Privacy Policy, please contact hello@lomi.com. These Terms and Conditions (and the provision of Services and access to the OMD Materials to which they relate) shall be governed by the substantive laws of the Province of British Columbia, Canada, with regard to its conflicts of laws principles. Any action under these Terms and Conditions (where permitted by the Dispute Resolution provision in section 8 of these Terms and Conditions) shall be brought in the provincial courts located in Kelowna, British Columbia, Canada or the federal courts located in Vancouver, British Columbia, Canada, as applicable, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

User Accounts

Your use of certain portions of the Digital Media and access to certain OMD Materials may require you to create a Lomi.com user account.  The creation of a Lomi.com account requires the creation of a personal profile. As part of the creation of your personal profile, you may be required to select a username and password, (the “Account Access Credentials”) and provide certain personal information, which may include your name, address, telephone number, birth date, e-mail address and/or payment information. You agree that all information provided by you will be accurate and complete and that you will promptly update such information if and when it changes.  Any information you provide will be retained in accordance with the OMD Privacy Policy.  Anyone with knowledge of your Account Access Credentials can gain access to the restricted portions of the Digital Media, the Services, the relevant OMD Materials and your personal profile. Accordingly, you must keep your Account Access Credentials secret. By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your Account Access Credentials, as well as for any communications entered through the Digital Media using your Account Access Credentials. You will also immediately notify OMD if you become aware of any loss or theft of your Account Access Credentials or any unauthorized use of your password. OMD reserves the right to delete or change Account Access Credentials at any time and for any reason.

Assumption of Risk

You use the Internet solely at your own risk and subject to all applicable federal, local, provincial, state, national, and international laws and regulations. While OMD and its service providers have endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from the Digital Media over the Internet cannot be guaranteed. Accordingly, OMD and OMD licensors and service providers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained within the Digital Media, or for the consequences of any reliance on such information. OMD and OMD licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Digital Media, the Services and the OMD Materials. You are solely responsible for securing and backing up any content you transmit to the Digital Media.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE DIGITAL MEDIA OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL MEDIA OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR OTHER PROPERTY LINKED TO IT.

Enforcing Security

Actual or attempted unauthorized use of any of the Digital Media, the Services and/or the OMD Materials may result in criminal and/or civil prosecution. For your protection, OMD reserves the right to view, monitor, and record activity within the Digital Media without notice or further permission from you, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity within any of the Digital Media. OMD will also comply with all court orders involving requests for information.

 

YOU WAIVE AND HOLD HARMLESS OMD AND ITS LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Links to Other Websites. 

 

OMD and/or its service providers may provide links, in their sole discretion, to other websites on the World Wide Web and other resources provided by third parties for your convenience in locating related information and services. These websites and other third-party resources have not necessarily been reviewed by OMD and are maintained by third parties over which OMD exercises no control. Accordingly, OMD and its directors, officers, employees, agents, representatives, licensors and suppliers (together, the “OMD Parties”) expressly disclaim any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on and/or software downloaded from these third-party websites or for any loss or damage that may arise from your use of them. Moreover, these links do not imply an endorsement of any third party or any websites or the products or services provided by any third party. If you decide to access any of these websites or other third-party resources linked to the Digital Media, the Services and/or the OMD Materials, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or other third-party resources.

 

Linking to the Digital Media and/or Services and Social Media Features. You may link to our Digital Media and/or Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

 

The Digital Media, the Services and/or the OMD Materials may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Digital Media, the Services and/or the OMD Materials.
  • Send emails or other communications with certain content, or links to certain content, on the Digital Media, the Services and/or the OMD Materials.
  • Cause limited portions of content on the Digital Media, the Services and/or the OMD Materials to be displayed or appear to be displayed on your own or certain third-party websites.

 

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

  • Establish a link from any website or other property that is not owned by you.
  • Cause the Digital Media, the Services and/or the OMD Materials or portions of them to be displayed on, or appear to be displayed by, any other site or property, for example, framing, deep linking, or in-line linking.
  • Link to any part of the website https://lomi.com other than the homepage.
  • Otherwise take any action with respect to the materials on the Digital Media, the Services and/or the OMD Materials that is inconsistent with any provision of these Terms and Conditions.
  • You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
  • We may disable all or any social media features and any links at any time without notice at our discretion.     

 

Events Beyond OMD’s Control

You expressly absolve and release OMD and OMD licensors and service providers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labour problems, wars, terrorism, pandemic or governmental restrictions.

Language

Notwithstanding any translation of these Terms and Conditions or any Order, the English language shall control the interpretation of these Terms and Conditions and any Order and all other writings between you and OMD. You and OMD have requested that these Terms and Conditions and all documents contemplated by these Terms and Conditions and the Services be drawn up in English unless otherwise agreed in writing. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.

 

 

Lomi Rewards Terms and Conditions

 

Last Updated on August 17th, 2023

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE LOMI REWARDS PROGRAM (“LOMI REWARDS”), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT PARTICIPATE IN LOMI REWARDS.

 

Lomi Rewards is operated by OMD. These Lomi Rewards Terms and Conditions of Service (“Rewards Terms”) apply to your access to and participation in Lomi Rewards. These Rewards Terms do not alter in any way the OMD Privacy Policy. Please review the Privacy Policy carefully to understand how OMD collects and uses personal information.

 

You and OMD agree, with limited exceptions, to resolve all disputes between you and OMD through BINDING ARBITRATION, as further provided in the “Dispute Resolution” of the General Terms and Conditions section above.

California Residents: The Lomi Rewards Program may be considered a “financial incentive” under California law. Please review our CCPA Financial Incentive Notice below.

 

Description of Lomi Rewards

Lomi Rewards is a free program to recognize our customers for their loyalty and use of our products. Customers earn rewards (the “Rewards”) by making Qualified Orders, as well as from completing Earned Actions.

 

All Lomi Rewards benefits are subject to availability and may be changed by OMD at any time without notice. OMD may terminate Lomi Rewards, in whole or in part, at OMDs’ sole discretion. OMD may also choose to substitute a similar rewards program at any time. If Lomi Rewards is terminated, all unredeemed Rewards will be forfeited without any obligation or liability.  Any changes to Lomi Rewards, including Lomi Rewards termination or substitution would not apply to any disputes for which the parties had notice before the terms were changed.

 

These Rewards Terms supersede all previous terms and conditions applicable to Lomi Rewards. Except as otherwise expressly prohibited or limited by applicable laws, OMD may at any time amend, modify, or supplement these Rewards Terms or the structure for earning and redeeming Rewards, with or without notice, even though such changes may affect the value of accumulated Rewards, or the ability to obtain certain benefits. You are expected to check these Rewards Terms regularly so you are aware of any changes. Your continued participation in Lomi Rewards will constitute your acceptance of any such changes to these Rewards Terms or Lomi Rewards. If you object to these Rewards Terms or any changes hereto or at any time become dissatisfied with Lomi Rewards, you must opt-out of Lomi Rewards by contacting hello@lomi.com. OMD shall not be liable to you in any way for any value or benefits you may lose as a result of any changes made to Lomi Rewards, including, without limitation, any unredeemed Rewards.

 

Lomi Rewards Eligibility

Lomi Rewards is available to all Lomi.com account holders. You must be a Canadian or United States resident (including Washington, D.C.) and at least 18 years of age to participate in Lomi Rewards. OMD determines Canadian or United States residency based on your shipping address. If you change your shipping address to one that is not located in Canada or the United States (including Washington, D.C.), you will no longer be able to receive or redeem Rewards, including previously earned Rewards.

Participation in Lomi Rewards. 

 

Customers who make a purchase at Lomi.com and/or create a Lomi.com account at https://lomi.com/account/register and acknowledge agreement to these Terms of Service are registered into Lomi Rewards.  To check your Rewards balance, redeem Rewards or review Reward redemption history, simply log into your Lomi.com account. 

 

There are no membership fees associated with Lomi Rewards. You may opt out of Lomi Rewards at any time by contacting hello@lomi.com.  Please allow 48 hours for the opt-out process to be completed and up to 21 days for your Lomi.com account to be updated.  If you elect to opt-out, you (i) will not be able to redeem any unused Rewards, (ii) will not be able to retrieve any previously earned Rewards, and (iii) will not be able to earn Rewards for making Qualified Orders or for Earned Actions taken while not opted in to Lomi Rewards.

 

Earning Rewards

Rewards are earned by making Qualified Orders, as well as from completing Earned Actions.

Qualified Orders Rewards Chart

Qualified Order

Lomi Classic Customers Qualified Order Rewards

Lomi Bloom Customers Qualified Order Rewards

Successful subscription purchase

300

300

Earned Actions Rewards Chart

Actions

Lomi Classic Customers Earned Action Rewards

Lomi Bloom Customers Earned Action Rewards

Successful purchase of Lomi device with Refer a friend referral code

5,000

5,000

Pair a New Lomi Device

n/a

100

Complete Eco Express Cycle

n/a

5

Complete Lomi Approved Cycle

n/a

7

Complete Grow Mode Cycle

n/a

10

To make a Qualified Order, your order must be placed on the lomi.com website. Once a Qualified Order or Earned Action has been completed, your Rewards total will be updated and allocated to your Lomi.com account.  Please note that it may take up to 24 hours for the Rewards update and account allocation process to complete.  You can check your Rewards status at any time by logging into your Lomi.com account.   If you make a Qualified Order and later return all the items in the order, that order is no longer a Qualified Order and any Rewards earned will be removed from your account.

 

Rewards are personal and may not be assigned, transferred, or shared with family, friends, or for commercial purposes. Rewards are not intended for those purchasing items for resale.

 

You must make at least one Reward redemption during each 24-month period in order to maintain your Rewards. If you do not make at least one Reward redemption during each 24-month period, all your available Rewards will expire.

Rewards may not be applied retroactively. Only the Lomi.com account holder may use and access Lomi Rewards.

 

Rewards Partners

Rewards Partners are 3rd party companies that provide products/offers (the “Products”) available for redemption through Lomi Rewards.  You understand and acknowledge that each Rewards Partner is responsible for its own Products and we do not endorse or take responsibility for the quality or functionality of Products offered on any Rewards Partner website. When making purchases from participating Rewards Partners through Lomi Rewards, if you choose to visit a retailer’s e-commerce site, whether by accessing it through a link from Lomi.com your Lomi.com account or otherwise, the Rewards Partner will be responsible for all aspects of a purchase from such site, including order processing, order fulfillment, shipping and handling, billing and payment and customer service. OMD will not be a party to any such transactions entered into between you and such Rewards Partner; thus, in respect of any such purchases, you must direct your comments, complaints or inquiries regarding your purchases to such Rewards Partner. All rules, policies (including privacy policies) and operating procedures of Rewards Partners will apply to you while you are accessing or shopping on their sites.

 

Rewards Redemption 

Rewards are available for redemption through your Lomi.com account.  To be able to redeem your Rewards for the advertised Products on the Rewards page, you must have accumulated the required number of Rewards for the desired Products at the time you wish to redeem.  If you do not have enough points to redeem for specific Products, such Products will be unavailable for redemption.  OMD reserves the right to change, at any time without notice, the number of Rewards required to redeem for Product(s).

 

Rewards Availability

Product(s) availability is subject to change without notice. As Rewards Partners change brands, models, specifications, patterns, and pricing for Products from time to time, they have the right to revise, amend, modify, or discontinue, at any time without prior notice, the Products available for redemption through Lomi Rewards.

 

Miscellaneous

OMD reserves the right to terminate, discontinue, cancel, or change Lomi Rewards at any time, in OMDs’ sole discretion, and without notice to you. Any changes to these Rewards Terms will be updated on the Lomi.com website. OMD also reserves the right to suspend your Lomi Rewards and/or terminate your participation in Lomi Rewards if OMD, in its sole discretion, determines that you have violated these Rewards Terms, the OMD Terms of Service, or if the use of your account is unauthorized, for commercial purposes, deceptive, fraudulent, or otherwise unlawful. In the event that you or OMD terminate your participation in Lomi Rewards, then all unredeemed Rewards will become void.

 

Unless otherwise expressly stated herein, the laws of Canada and the laws of the Province of British Columbia, without regard to the principles of conflicts of laws, will govern these Rewards Terms, your participation in Lomi Rewards, and all matters relating to your access to, and/or use of, Lomi Rewards.

 

The personal information collected from you in connection with Lomi Rewards, including but not limited to purchases made in connection with your participation in Lomi Rewards, will be used and disclosed by us in accordance with OMDs’ Privacy Policy and OMDs’ Terms of Service.

 

Site Ownership and Trademarks

The Lomi.com website, including each of its modules and the arrangement and compilation of the content found on the website, is the copyrighted property of OMD (and, where applicable, its various third-party providers, including Rewards Partners, distributors, and other information providers). In addition, the trademarks, logos and service marks displayed on the Lomi.com website (collectively, the "Trademarks") are the registered and common law trademarks and service marks of OMD and its parents, affiliates (and, where applicable, various third parties, including Rewards Partners). Nothing contained on this website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of OMD, or (as applicable) such other party that owns the Trademarks.

 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Lomi.com site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE LOMI.COM SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE LOMI.COM SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

YOUR USE OF THE LOMI.COM SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE LOMI.COM SITE IS AT YOUR OWN RISK. THE LOMI.COM SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE LOMI.COM SITE ARE PROVIDED ON AN "AS IS'' AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER OMD NOR ANY PERSON ASSOCIATED WITH OMD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE LOMI.COM SITE. WITHOUT LIMITING THE FOREGOING, NEITHER OMD NOR ANYONE ASSOCIATED WITH OMD REPRESENTS OR WARRANTS THAT THE LOMI.COM SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE LOMI.COM SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE LOMI.COM SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE LOMI.COM SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, OMD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation of Liability

REWARDS EARNED THROUGH LOMI REWARDS HAVE NO CASH VALUE, ARE NON-TRANSFERABLE, AND YOU HAVE NO PROPERTY RIGHTS IN OR TO REWARDS OR OTHER LOMI REWARDS BENEFITS.  YOU ARE SUBJECT TO, AND MUST COMPLY WITH, ANY ADDITIONAL TERMS, CONDITIONS AND RESTRICTIONS THAT APPLY TO ANY REWARD THAT YOU RECEIVE, INCLUDING THOSE IMPOSED BY THE REWARDS PARTNERS.

 

YOU HEREBY RELEASE OMD AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILITY TO YOU OR ANY OTHER PERSON REGARDING THE REDEMPTION OF REWARDS, THE RECEIPT OR USE OF ANY REWARDS OR YOUR PARTICIPATION IN LOMI REWARDS. OMD IS NOT RESPONSIBLE FOR LOST OR STOLEN REWARDS.  IN ADDITION, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL OMD, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, OR DIRECTORS BE LIABLE TO YOU FOR, AND YOU HEREBY WAIVE ANY CLAIMS AGAINST OMD FOR, ANY DAMAGES WHATSOEVER (INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, ARISING IN CONNECTION WITH LOMI REWARDS OR YOUR USE OR INABILITY TO USE THE LOMI.COM SITE, LOMI REWARDS OR REWARDS, OR THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES PROVIDED BY REWARDS PARTNERS, EVEN IF OMD OR THEIR RESPECTIVE REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES.

 

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS OMD, AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, FROM ANY CLAIMS, DEMANDS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR ACCESS TO AND USE OF LOMI REWARDS, YOUR VIOLATION OF THESE REWARDS TERMS AND CONDITIONS, OR THE INFRINGEMENT BY YOU, OR ANY OTHER USER OF LOMI REWARDS USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY OF YOUR COMMUNICATIONS.

 

CCPA Financial Incentive Notice

We offer incentives to customers that involve sharing of Personal Information with us.  The Personal Information collected and retained by OMD in operating these programs is described in our Privacy Policy.

 

Rewards earned through Lomi Rewards may be deemed a “financial incentive” under the California Consumer Privacy Act (“CCPA”).  We currently offer the following promotional programs in connection with the collection and retention of Personal Information:

 

We offer Rewards to customers participating in Lomi Rewards, consistent with our Rewards Terms herein above.  

 

For CCPA purposes, we treat the value of your Personal Information collected through Lomi Rewards as equivalent to the value of the Rewards.  By participating in Lomi Rewards, you agree that the benefits are reasonably related to the value of the Personal Information collected and retained. 

 

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects.



Lomi Subscribe & Save Plan Terms and Conditions: 

 

Last Update: November 7th, 2023

 

The Lomi Subscribe & Save Plan (“LSP”) is operated by Open Mind Developments Corporation (“dba Lomi”).  These LSP Terms of Service (“Terms”) apply to your participation in the LSP.

 

Description of the Lomi Subscription Plan

LSP is a subscription based comprehensive service plan operated by Lomi and available to customers with Active Member Status (as defined below).  LSP benefits include:

  • Lifetime Warranty of your Lomi device
  • Unlimited refills for LomiPods and Filters
  • Free Lomi device upgrade every 36 months

 

Active Member Status:

  • Active Members are customers who have:
    • subscribed to the LSP
    • made uninterrupted LSP subscription payments
    • not paused or skipped a LSP subscription shipments
    • remedied any failed LSP payments within 30 days of the failed payment

 

Lifetime Warranty Terms: 

  • All warranty claims are subject to the Terms of Warranty Coverage of the standard 1-year Warranty
  • The Lifetime Warranty covers defects in materials and workmanship under normal use conditions for Lomi devices.
  • Coverage includes the device body, bucket, heating element, fan, removal components, and electronic controls (subject to standard Warranty terms).
  • Coverage does not include damage from accidents, misuse, unauthorized modifications, or other non-warranty related causes.
  • Should a customer cancel their LSP, they will no longer be considered an Active Member and warranty coverage will revert to the standard 1-year Warranty
  • Customers can initiate a warranty claim by emailing Lomi customer service at hello@lomi.com or submitting a claim here.

 

Refills for LomiPods and Filters Terms:

  • All LSP Active Members are eligible for an unlimited supply for LomiPods and Filter refills.  Orders can be placed through their Lomi account.
  • Should a customer pause or skip a LSP subscription payment they will no longer be considered an Active Member and immediately become ineligible for unlimited LomiPods and Filter refills.

 

Device Upgrade Terms:

  • All LSP Active Members are eligible for a free device upgrade after 36 continuous months of maintaining Active Member Status
  • Device upgrades are subject to shipping fees only.  Shipping fees are to be fully borne by the customer. 
  • Should a customer pause or skip a LSP subscription payment they will no longer be considered an Active Member and immediately become ineligible for device upgrades.

 

Failed Payments:

  • Failure to remedy failed LSP payments within 30 days of the failed payment will result in customers no longer being considered an Active Member and immediately become ineligible for all LSP benefits.

 

Customer Acknowledgment:

  • Lomi reserves the right to modify, terminate, or revoke the LSP Terms in whole or in part at its sole discretion, with proper notice to LSP Active Members.
  • Lomi reserves the right to change LSP subscription prices at its sole discretion, in accordance with applicable laws and regulations. LSP Active Members will be notified of such price changes through one or more of the following means: email, website or user dashboard offering clarity on updated subscription prices, the effective date, and any other key information.
  • By maintaining Active Member Status you acknowledge that you have read, understand and agree to these Terms.

 

Lomi Food Recycling Program Terms and Conditions: 

 

Last Update: April 18, 2024

 

The Lomi Food Recycling Program (“LFRP”) is operated by Open Mind Developments Corporation (“dba Lomi”).  These LFRP Terms of Service (“Terms”) apply to your participation in the LFRP.

 

Description of LFRP

LFRP is a comprehensive service program operated by Lomi and available to customers with Active Member Status (as defined below).  LFRP benefits include:

  • One (1) Lomi 2 in your colour of choice at no upfront cost
  • One (1) reusable Lomi Earth storage bin
  • Monthly complimentary charcoal Filter Refills
  • On-demand curbside pickup of Lomi Earth
  • Unlimited local Lomi Earth dropoff at partner locations

 

Active Member Status:

  • Active Members are customers who have:
    • registered to the LFRP and agreed to these Terms
    • made uninterrupted LFRP  payments
    • remedied any failed LFRP payments within 30 days of the failed payment

 

No Upfront Cost Lomi Terms

  • All LFRP Active Members are eligible for one (1) Lomi 2 device with no upfront cost which may be used through the duration of the program.
  • Should a customer cancel their LFRP program they will no longer be considered an Active Member and their Lomi 2 must be returned to OMD within 30 days. Return shipping covered by LFRP Active Member.

 

Reusable Storage Bucket Terms

  • All LFRP Active Members will receive one (1) Lomi Earth storage bucket which may be used throughout the duration of the program. 
  • Should a customer cancel their LFRP program they will no longer be considered an Active Member and their Lomi Earth storage bucket must be returned to OMD within 30 days.

 

Filter Refills Terms:

  • All LFRP Active Members are eligible for complimentary Filter Refills to a maximum of one (1) refill per month.  Refill orders can be placed through the Lomi app.
  • Should a customer cancel their LFRP program they will no longer be considered an Active Member and immediately become ineligible for Filter Refills.

 

On-Demand Curbside Pickup Terms

  • All LFRP Active Members are eligible for on-demand curbside pickup of their Lomi Earth storage bucket. Pickup can be requested through the Lomi app.
  • Should a customer cancel their LFRP program they will no longer be considered an Active Member and immediately become ineligible for on-demand pickup..



Unlimited Local Dropoff Terms

  • All LFRP Active Members are eligible for unlimited Lomi Earth dropoff to LFRP partner locations.
  • LFRP partner locations may be listed via email or website.
  • Should a customer cancel their LFRP program they will no longer be considered an Active Member and immediately become ineligible for Lomi Earth dropoff.



Failed Payments:

  • Failure to remedy failed LFRP payments within 30 days of the failed payment will result in customers no longer being considered an Active Member and immediately become ineligible for all LFRP benefits.
  • Once customers are no longer Active Members they will be ineligible to receive and/or keep the no-cost Lomi device.

 

Program Cancellation

  • Customers may cancel their LFRP program within the term without penalty, pending a return of the Lomi 2. Failure to return the Lomi 2 will result in continued monthly payments. 
  • Once the program cancellation has been made customers will immediately become ineligible for all LFRP benefits.

 

Customer Acknowledgment:

  • Lomi reserves the right to modify, terminate, or revoke the LFRP Terms in whole or in part at its sole discretion, with proper notice to LFRP Active Members.
  • Lomi reserves the right to change LFRP program prices at its sole discretion, in accordance with applicable laws and regulations. LFRP Active Members will be notified of such price changes through one or more of the following means: email, website or user dashboard offering clarity on updated program prices, the effective date, and any other key information.
  • By maintaining Active Member Status you acknowledge that you have read, understand and agree to these Terms.