Terms & Conditions

In these terms, “we”, “our” and “Lumina” refers to Lumina, owned by High Health Alliance Limited. It also applies to any of our subsidiaries or affiliate companies as applicable.

These Terms apply to the use of all websites which are owned or operated by High Health Alliance Limited and have an address (or URL) which is operated by High Health Alliance Limited.

Access to, use of and linking to the Lumina Website constitutes your agreement to be bound by these Website User Terms (“Terms”). High Health Alliance reserves the right to amend these Terms at any time and as such you should review these Terms periodically.

We may in our sole discretion block or restrict your access to our Websites (or any part thereof) for any reason, including without limitation, if High Health Alliance considers that you have acted in violation of these Terms or any other condition or policy set out on any of our Websites.

The materials displayed on the Website(s), including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, video or audio clips, names, logos and trade marks (“Content”) are protected by copyright, trademark and other intellectual property laws unless expressly indicated otherwise on the Website. All rights, title and interest in and to the Content are owned, licensed or controlled by High Health Alliance or the party credited as the provider of the Content. If you would like to use the Content of the Site in any way not expressly authorised in these Terms you must request permission from High Health Alliance.

You must not use the Website or any Content for any purpose which is unlawful or in any manner which violates any of High Health Alliance’s rights or which is otherwise prohibited by these Terms. High Health Alliance will not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content.

If written consent to use the Content is provided by High Health Alliance the following restrictions will apply:

• the Content may only be used for informational purposes or for the promotion of High Health Alliance products or services (“Products”);
• the Content may not be further modified in any way other than to include the following words “copyrighted and published by High Health Alliance Limited, not to be reproduced without written consent of High Health Alliance Limited”; and
• High Health Alliance retains the right to revoke such consent at any time and for any reason. Following notification of revocation you must immediately discontinue use of all High Health Alliance Content.

The words “Lumina”, and associated logos (among others) are registered trademarks of High Health Alliance and the user should undertake due diligence into the ownership of such brands and logos.

No licence or other right to use the trademarked Content is provided through permission of access to the website.

Logos may only be used with the express written consent of High Health Alliance and their use is subject to the following rules:

1. You must only use the Logo as a link to the Lumina homepage (www.luminafarms.com)
2. You may not give or authorise a third party to use the Logo for a purpose other than for which the Consent was provided;
3. You will not use the Logo on any site that disparages High Health Alliance or its products or services, infringes on High Health Alliance’s intellectual property or other rights, or violates any state, federal or international law.
4. You acknowledge that this is not a “trademark license” and you are not using the Logo to indicate origin of any product or service you offer or to imply any relationship with, or endorsement or sponsorship by High Health Alliance that is not true;
5. You will not alter the Logo in any manner or use it in a manner that is misleading;
6. You will not display the Logo in a manner which displays it in a negative light, disparages it, uses it in connection with immoral materials;
7. You will not use the Logo as a predominant feature on your website. This means (at a minimum) that it must appear smaller than your web page title and your company logo, it must not be displayed larger or more prominently than other company logos on your page, and it should not appear at the top of the page;
8. You will display the Logo by itself and not use as a co-branded item unless you have a specific co-branding agreement with High Health Alliance;
9. You will not adopt, use, register, or attempt to register anywhere in the world any logo or trademark confusingly similar to the Logo;
10. You will not at any time do or cause to be done, or fail to do or cause to be done, any act or thing, directly or indirectly, contesting or in any way impairing High Health Alliance’s right, title or interest in the Logo;
11. You confirm that use of the Logo shall inure to the benefit of High Health Alliance. If you happen to obtain rights in the Logo, you agree to give such rights back to High Health Alliance at no cost to High Health Alliance.
12. You shall indemnify High Health Alliance from and against all claims and liabilities arising out of your use of the logo.

In providing any such consent, High Health Alliance:

1. disclaims any warranties that may be express or implied by law regarding the logos, including warranties against infringement;
2. reserves the right in its sole discretion to modify or terminate any permission to use the Logo at any time;
3. reserves the right to take action against any use that does not conform with these Terms, infringes any High Health Alliance intellectual property or other right, or violates any other applicable law.

Not all Products, Content, Programmes and brands will apply to all regions, suppliers or customers and availability will be at the discretion of High Health Alliance.

The High Health Alliance websites may contain links to third party websites which are not under our control. If You link to third party websites, you do so entirely at your own risk. High Health Alliance does not provide any guarantees, representations, warranties or endorsements as to the nature, content or reliability of third party websites. High Health Alliance will not accept any liability for any electronic content delivered by a third party, including liability relating to the accuracy or reliability of any information, data, opinions, advice or statements made on those linked websites or the timeliness of any content.

Information on the High Health Alliance Websites are provided on an ‘as is’ basis without warranty of any kind, with express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Where a jurisdiction does not permit any exclusion of implied warranties, the exclusion will not apply.

The failure of High Health Alliance to exercise or enforce any right or provision in these Terms, shall not constitute a waiver of such right or provision.

In the event that a clause or part of a clause set out in these Terms is found to be invalid it shall not affect the validity or enforceability of the remainder of the terms in these Terms.

High Health Alliance will not be liable to you for any:

• decision made or action taken in reliance on information, advice or services provided through the High Health Alliance Websites; or
• damages of any kind arising out of or relating to the use or the inability to use the High Health Alliance Websites, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus’, line failure, and all other direct, indirect, special, incidental, exemplary or consequential damages even if High Health Alliance has been advised of the possibility of such damages.

You agree to hold High Health Alliance harmless against all claims arising out of or related to your access or use of, or inability to access or use the High Health Alliance Websites or the information, advice or services contained on the High Health Alliance Websites.

When using the High Health Alliance Websites, you must do so in a manner that is consistent with local laws. These terms and your use of or access to the High Health Alliance Websites shall be governed by New Zealand laws and the New Zealand courts shall have exclusive jurisdiction to determine any dispute which arises under these Terms. High Health Alliance reserves the right to bring proceedings in respect of any matter in the courts of the country of our residence or principal place of business.