Terms of use
These Terms govern access to and use of the Beacon Investment Screening platform operated by Lumere Energy Limited ("Lumere", "we", "us"). By creating an account, purchasing access, requesting or receiving an Output, or otherwise using the Platform, you agree to these Terms. The Platform is offered for business and professional use only and is not offered to consumers.
1. Definitions
In these Terms: "Authorised User" means a named individual within the Subscriber's organisation who is permitted to use the Platform under a seat included in the Subscriber's plan. "Seat" means a licence for one named Authorised User to access the live, interactive Platform. "Disclaimer" means Lumere's Beacon disclaimer, as updated from time to time. "Methodology" means Lumere's weighting, thresholds, calibration, classification logic, configuration, workflows, scoring architecture and know-how used to produce Outputs. "Output" means any content the Platform produces or delivers, including Beacon Call classifications, scores, rankings, indicators, figures, charts, maps, extracts, written commentary, report-card PDFs, snapshots and briefings. "Platform" means the Beacon website, application, APIs, dashboards, maps, exports, reports, briefings and related services. "Subscriber" means the person or organisation that purchases, accesses or uses the Platform or any Output. "Terms" means these Terms of Use together with the Disclaimer and any applicable order form or pricing page incorporated by reference.
2. Business-use basis; eligibility
You may access and use the Platform only if you are acting for business or professional purposes. By using the Platform, you represent and warrant that you are acquiring the Platform and Outputs for business purposes and not for personal, domestic or household use. If you are acting on behalf of an organisation, you represent that you have authority to bind that organisation. Lumere may refuse access, cancel an order, or suspend an account if it reasonably believes the Platform is being acquired or used outside the permitted business-use basis.
3. Accounts and Authorised Users
You must provide accurate registration information and keep it current. Access to the live Platform is licensed per named Authorised User (a seat); each plan includes the number of seats stated on the pricing page or order form (currently three for standard subscriptions). A seat permits one named individual to access the interactive Platform; it must not be shared, and login credentials must not be used by anyone other than the Authorised User to whom the seat is allocated. Additional seats are available at the per-seat rate shown on the pricing page or order form, and access by more individuals than the licensed number of seats requires additional seats. You are responsible for all activity under your account and for your Authorised Users' compliance with these Terms. Lumere may impose reasonable seat, rate, access and security controls and may suspend or reset compromised credentials.
4. Plans, fees, billing and renewals
Current plans, products and prices are those stated on the pricing page or applicable order form and are exclusive of GST unless expressly stated otherwise. Subscription fees are payable in advance on the billing cycle selected (for example, quarterly or annual). One-off outputs and bespoke briefings are invoiced or charged as stated at purchase. Unless an order form states otherwise, subscriptions automatically renew for successive periods matching the initial term unless cancelled before the renewal date through the Platform or by written notice to Lumere. Lumere may change prices for future billing periods on reasonable prior notice. You authorise Lumere and its payment processors to charge the applicable fees, taxes and renewal charges using your nominated payment method.
5. Refunds; no cooling-off right for business purchases
Except to the extent required by law or expressly agreed in writing by Lumere, fees are non-refundable. Delivered one-off outputs (including report cards, snapshots and briefings) are non-refundable once delivered or materially commenced. Because the Platform is offered only for business and professional use, no consumer cooling-off right applies unless a mandatory law specifically says otherwise. Nothing in this clause limits any remedy that cannot lawfully be excluded.
6. Licence to use the Platform and Outputs
Subject to payment of applicable fees and ongoing compliance with these Terms, Lumere grants the Subscriber a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence during the applicable term to access and use the Platform and Outputs solely for the Subscriber's own internal business purposes and internal investment, project and diligence decision-making. No right is granted to exploit the Platform or Outputs externally, commercially, or for the benefit of third parties except to the extent expressly approved in writing by Lumere.
7. Permitted internal sharing
This clause concerns delivered Outputs (such as report-card PDFs, snapshots and briefings), not live Platform access. Unless an order form states otherwise, the Subscriber may circulate delivered Outputs internally within its own organisation to personnel who have a genuine need to know for the Subscriber's internal business purposes, provided those recipients are bound by confidentiality obligations no less protective than these Terms and the Subscriber remains responsible for their use. Internal sharing of delivered Outputs does not grant any person live or interactive access to the Platform, which always requires a named seat. External circulation to advisers, funders, joint-venture partners, vendors, purchasers or other third parties requires Lumere's prior written consent unless the relevant Output or order form expressly permits it.
8. Restrictions
The Subscriber must not, and must not permit any other person to: (a) redistribute, sell, sublicense, publish, broadcast, externally disclose or otherwise make any Output available outside the permitted scope of clause 7; (b) scrape, crawl, spider, harvest or carry out systematic, bulk or automated extraction from the Platform; (c) reverse engineer, decompile, disassemble or otherwise attempt to derive the Methodology or source code, except to the limited extent such restriction is prohibited by law; (d) use the Platform or any Output to build, train, fine-tune, benchmark, validate or improve any competing product, dataset, index, model, AI system or service; (e) remove or alter any watermark, branding, vintage stamp, rights notice or attribution; (f) circumvent seat limits, entitlements, security controls, rate limits or payment controls; (g) misrepresent any Output as independently derived or as the Subscriber's own original analysis; (h) use the Platform unlawfully or in a manner that infringes any person's rights; or (i) upload or introduce viruses, harmful code or security testing activity without Lumere's prior written consent.
9. Intellectual property
As between the parties, Lumere and its licensors own all rights, title and interest in and to the Platform, Methodology, software, visual presentation, database structure, original selection, arrangement and compilation of data, written commentary, Output formatting, Beacon Call classifications and all related intellectual property rights. Some underlying inputs may be public data or subject to third-party licences, but Beacon's original compilation, calibration, presentation and commentary remain Lumere property. Except for the limited licence expressly granted under these Terms, no rights are transferred to the Subscriber.
10. Confidentiality and Methodology protection
The Methodology and any non-public technical, commercial or pricing information disclosed by Lumere are Lumere confidential information. The Subscriber must keep that information confidential, use it only as permitted by these Terms, and protect it with at least reasonable care. The Subscriber must not probe, test or analyse Outputs for the purpose of inferring non-public weightings, thresholds or classification logic. This clause does not apply to information that is demonstrably public through no breach by the Subscriber or was lawfully known to the Subscriber without confidentiality restriction.
11. Third-party data and dependencies
The Platform may incorporate, depend on, display or link to third-party data, websites, maps, software and services. Lumere does not control those third-party materials and is not responsible for their ongoing availability, format, legality, licensing, accuracy, timeliness or performance. Third-party source licences and attribution notices may apply to parts of the Platform or Outputs, and the Subscriber must comply with any use restrictions notified by Lumere.
12. Availability, changes and support
Lumere may update, improve, modify or replace any part of the Platform, Methodology, datasets, features or Outputs from time to time. Lumere may also suspend or discontinue any part of the Platform where reasonably necessary for maintenance, security, legal compliance, supplier or source-data changes, or to protect the Platform or other users. Unless an order form states otherwise, Lumere does not guarantee uninterrupted or error-free availability, any minimum support level, or that any feature, dataset, methodology or Output will remain available or unchanged. Changes may affect how Outputs are generated, classified, scored or presented. Lumere will use reasonable efforts to give prior notice of material changes or planned downtime where reasonably practicable. Any changes to the Platform or Methodology apply prospectively only and do not create any obligation to update previously delivered Outputs unless Lumere expressly agrees otherwise in writing.
13. Data, no advice and due diligence
The Disclaimer is incorporated into and forms part of these Terms. The Platform and all Outputs provide directional screening information only. They are not financial, investment, legal, tax, engineering, planning, regulatory or other professional advice, and are not a recommendation to acquire, dispose of, finance, develop, connect, construct or proceed with any project or asset. Outputs are generated using Lumere's Methodology and may depend on assumptions, public information, third-party data, mappings, models, estimates and source materials that may change over time or be incomplete, unavailable, delayed or inaccurate. The Subscriber must not treat any Output as a substitute for independent judgement or project-specific due diligence, and must not use any Output as the sole basis for any investment, project, financing, acquisition, disposal, regulatory or commercial decision. The Subscriber remains solely responsible for verifying assumptions, inputs, site and project specifics, grid and connection matters, legal and regulatory status, counterparty information, technical feasibility and commercial decisions. Unless expressly agreed in writing, Lumere has no obligation to update, reissue or correct a previously delivered Output to reflect later information, methodology changes or changed circumstances.
14. Business-use acknowledgements; Consumer Guarantees Act 1993
The parties agree that the Platform, Outputs and any related services are supplied and acquired in trade and for business purposes only. To the maximum extent permitted by law, and if and to the extent section 43 of the Consumer Guarantees Act 1993 applies, the parties agree to contract out of the Consumer Guarantees Act 1993 in relation to the supply of the Platform, Outputs and related services under these Terms. Each party acknowledges that it is in trade and that it is fair and reasonable that the parties are bound by this clause. If and to the extent the Consumer Guarantees Act 1993 cannot lawfully be excluded, these Terms apply subject to that Act.
15. Entire agreement; no reliance; Fair Trading Act 1986
Except as expressly set out in these Terms and any signed order form, the Subscriber acknowledges that it has not relied on, and will not assert that it relied on, any representation, statement, warranty, promise, forecast, estimate, sample, demonstration, marketing material or other conduct by or on behalf of Lumere in entering into these Terms or acquiring the Platform or any Output. To the maximum extent permitted by law, and if and to the extent section 5D of the Fair Trading Act 1986 applies, the parties agree that sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply to the matters covered by the preceding paragraph and the risk allocation expressly set out in these Terms. Each party acknowledges that it is in trade, that the Platform, Outputs and related services are supplied and acquired in trade, and that it is fair and reasonable that the parties are bound by this clause. Nothing in these Terms limits the powers of the Commerce Commission or excludes any right or remedy that cannot lawfully be excluded.
16. Warranties excluded
To the maximum extent permitted by law, and except as expressly stated in these Terms or any signed order form, the Platform and Outputs are provided "as is" and "as available". Lumere excludes all warranties, guarantees, conditions and representations, whether express, implied, statutory or otherwise, including as to accuracy, completeness, timeliness, availability, compatibility, uninterrupted access, merchantability, fitness for purpose, non-infringement, title and results. Without limiting the above, Lumere does not warrant that the Platform or any Output will be error-free, meet the Subscriber's requirements, remain available on any particular basis, or be suitable for any specific investment, project, financing, diligence or commercial purpose.
17. Limitation of liability
To the maximum extent permitted by law: (a) Lumere is not liable for any indirect, consequential, incidental, special, exemplary or punitive loss, or for any loss of profit, revenue, savings, bargain, opportunity, goodwill, reputation, use, corruption or loss of data. (b) Lumere is not liable for any loss arising from or relating to: (i) third-party data, content, software, maps, models, websites or services; (ii) internet, hosting, telecommunications or other external network failures; (iii) force majeure events; (iv) misuse of the Platform or any Output, including use outside the permitted scope of these Terms; or (v) any decision, action or omission of the Subscriber or any third party taken in reliance on the Platform or any Output. (c) Lumere's total aggregate liability arising out of or in connection with the Platform, any Output, these Terms or any related dealings is limited to the greater of: (i) the fees paid or payable by the Subscriber to Lumere for the relevant Platform subscription, Output or related service in the 12 months before the event giving rise to the claim; and (ii) NZ$25,000, subject in all cases to an overall maximum of NZ$250,000. (d) The Subscriber must bring any claim within 12 months after the date it became aware, or ought reasonably to have become aware, of the matter giving rise to the claim. (e) Nothing in these Terms excludes or limits liability for fraud or any other liability that cannot lawfully be excluded or limited.
18. Indemnity
The Subscriber indemnifies Lumere and its personnel against any third-party claim, and any losses, liabilities, costs and expenses reasonably incurred in connection with that claim, to the extent arising from: (a) the Subscriber's breach of clauses 6 to 10; (b) unauthorised use, disclosure, redistribution or external circulation of the Platform, Outputs or Methodology by the Subscriber or its personnel; (c) the Subscriber's unlawful use of the Platform or any Output; or (d) a claim by a third party arising from the Subscriber's onward use or communication of an Output outside the permitted scope of these Terms, except to the extent caused by Lumere's breach of these Terms, negligence or wilful misconduct.
19. Suspension and termination
Lumere may suspend access immediately where reasonably necessary because of a security risk, non-payment, suspected fraud or misuse, infringement, unlawful conduct, legal or regulatory requirements, or risk to the Platform or other users. Where reasonably practicable, Lumere will give the Subscriber notice of the suspension and the reason for it. Except where immediate suspension is reasonably necessary for the reasons above, Lumere will give the Subscriber reasonable notice and an opportunity to remedy before suspending access. Lumere may terminate these Terms or an account immediately for material breach if that breach is not capable of remedy, or if capable of remedy is not remedied within 10 days after notice. The Subscriber may stop using the Platform at any time, but no refund is due except as required by law or expressly stated by Lumere. On termination, access rights end immediately, but clauses intended to survive (including clauses 7 to 18, 20 to 26 and any accrued rights) survive.
20. Enforcement and equitable relief
The Subscriber acknowledges that breach of clauses relating to licence scope, restrictions, intellectual property or confidentiality may cause Lumere irreparable harm for which damages may be inadequate. Lumere may seek injunctive or equitable relief in addition to any other remedy. Lumere may use watermarking, access logs and reasonable monitoring to investigate suspected misuse, subject to applicable law.
21. Privacy and notices
The Subscriber must ensure that any personal information provided to Lumere is collected and disclosed lawfully. Lumere holds only a limited set of personal information - the Authorised User's name and email address, the Subscriber's organisation, and a record of purchases and access. Card and payment details are collected and stored by Lumere's payment provider (Stripe); Lumere does not see or store full card or bank-account details. Lumere processes the information it holds for account administration, billing, security, service delivery and enforcement, in accordance with the Privacy Act 2020 and Lumere's Privacy Policy. Formal notices under these Terms must be sent to the contact details stated in the order form or, for Lumere, to ryan@lumere.co.nz unless Lumere notifies a replacement address.
22. Force majeure
Lumere is not liable for any delay, interruption or failure caused by events beyond its reasonable control, including failures of public data sources, telecommunications, hosting, electricity supply, cyber incidents, government action, natural events, labour disputes or civil emergencies.
23. General
Lumere may update these Terms on reasonable prior notice by posting an updated version on the Platform or otherwise notifying the Subscriber. Any update applies prospectively only from its stated effective date. If an update materially and adversely affects the Subscriber's rights or increases the Subscriber's obligations, the Subscriber may terminate the affected subscription by written notice before the update takes effect and receive a pro-rata refund of any prepaid fees for the unused period. The Subscriber may not assign or transfer these Terms without Lumere's prior written consent. Lumere may assign these Terms as part of a corporate restructure, financing or sale of business. These Terms, together with the Disclaimer and any applicable order form or pricing page expressly incorporated, constitute the entire agreement and supersede prior discussions on the same subject matter. If any provision is unenforceable, it is severed to the minimum extent necessary and the balance continues in force. A waiver is effective only if in writing.
24. Governing law and jurisdiction
These Terms are governed by New Zealand law. The parties submit to the exclusive jurisdiction of the New Zealand courts.
25. Enterprise, government and negotiated terms (order forms)
These are Lumere's standard terms for self-service and standard purchases. Lumere recognises that enterprise, electricity-network, government and public-sector Subscribers may require negotiated terms. Lumere and a Subscriber may enter into a signed order form or master services agreement that varies these Terms for that Subscriber, including the limitation of liability and cap (clause 17), the indemnity (clause 18), availability and service levels (clause 12), the suspension and variation rights (clauses 19 and 23), and data-handling, security, privacy and assurance requirements. Where a signed order form or master services agreement conflicts with these Terms, the signed document prevails for that Subscriber to the extent of the inconsistency; otherwise these standard Terms apply in full. To discuss enterprise or government terms, contact ryan@lumere.co.nz.
26. No third-party reliance
Unless Lumere expressly agrees otherwise in writing, no person other than the Subscriber may rely on any Output, and Lumere owes no duty of care, responsibility or liability to any third party in relation to the Platform or any Output. The Subscriber must not represent that any third party is entitled to rely on an Output unless Lumere has expressly authorised that reliance in writing.
Questions about these Terms may be sent to ryan@lumere.co.nz. Lumere Energy Limited, New Zealand.