1. Acceptance of Terms
By using the Website, you affirm that you are of legal age and have the capacity to enter into this agreement. If you are using the Website on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
2. Changes to Terms
We reserve the right to modify these Terms at any time. We will post the revised Terms on the Website, and the "Effective Date" at the top will be updated. Your continued use of the Website after any changes constitutes your acceptance of the new Terms.
3. Website Content and Intellectual Property
- Ownership: All content on the Website, including text, graphics, logos, images, product specifications, documentation, and the compilation thereof, is the property of ilumento or its suppliers and is protected by copyright, trademark, and other intellectual property laws.
- Trademarks: "ilumento," the ilumento logo, and other product and service names referenced on the Website are trademarks or registered trademarks of ilumento Limited. You may not use these marks without our prior written permission.
- Limited License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and its content for your informational, non-commercial use, strictly in accordance with these Terms.
4. Prohibited Uses
You agree not to use the Website in any manner:
- That violates any applicable international, national, or local laws or regulations.
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
- To transmit or upload any harmful code, viruses, or malicious software.
- To harass, abuse, insult, harm, defame, slander, or intimidate others.
- To collect or track the personal information of others.
- To spam, phish, or crawl the Website for unauthorized purposes.
5. Disclaimers, Warranties, and Limitations of Liability
5.1. B2B Product Warranty Terms
By using the Website, you acknowledge that any products purchased from ilumento Limited or ilumento USA LLC are sold strictly for trade purposes. The warranties covering these products are explicitly detailed in separate, jurisdiction-specific commercial documents:
- For sales within New Zealand and all International Distributor sales: The New Zealand & International B2B Product Warranty governs the terms of the Standard Limited Warranty, Extended Sentinel Warranty, and the Labor Reimbursement Policy.
- For sales within the United States: The United States B2B Product Warranty governs the terms of the Standard Limited Warranty, Extended Sentinel Warranty, and the Labor Reimbursement Policy.
- Exclusion of Consumer Law (NZ): For New Zealand sales, the Purchaser agrees that the provisions of the Consumer Guarantees Act 1993 (CGA) and certain sections of the Fair Trading Act 1986 (FTA) do not apply, and the Purchaser's sole rights and remedies are those set out in the associated commercial documents.
5.2. Exclusive Remedy and Limitation of Liability
ilumento's sole liability and the Purchaser's exclusive remedy for any warranty breach is strictly limited to the repair, remedy, or replacement of the defective product, or, at ilumento's option (specifically for US sales), a refund of the product purchase price.
- Exclusion of Damages: ILUMENTO is not liable for any special, indirect, incidental, punitive, or consequential damages whatsoever. This exclusion includes, but is not limited to, loss of profits, data, use, or replacement costs.
- Liability Cap: In no event shall ilumento's total liability exceed the purchase price of the product giving rise to the claim.
5.3. Labor Reimbursement
Any entitlement to labor reimbursement for the removal and replacement of a defective product is strictly governed by the fee schedule detailed in the latest version of the ilumento Warranty Replacement Document, available online at www.ilumento.com/legal/warranty
6. Links to Third-Party Websites
The Website may contain links to third-party websites or services that are not owned or controlled by ilumento. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Your use of any third-party website is at your own risk.
7. Indemnification
You agree to defend, indemnify, and hold harmless ilumento and its affiliates, officers, directors, and employees from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website.
8. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law principles. You irrevocably agree that the courts of New Zealand shall have exclusive jurisdiction to resolve any dispute or claim arising out of or relating to these Terms or the Website.
9. Contact Information
If you have any questions about these Terms, please contact us at:
ilumento Limited legal@ilumento.com
