Terms and Conditions
These are the terms and conditions subject to which we allow you to use Our Website. By visiting or using Our Website, you agree to be bound by them.
We are Neuro Sense a company registered in New Zealand number 9157196
You are: Anyone who uses Our Website.
It is now agreed as follows:
1. Definitions
In this agreement the following words have the following meanings, unless the context requires otherwise
“Content” - means information and/or data in any form published on Our Website by us or any third party with our consent
“Copy or Publish” - With reference to a Licensed Product, means reproducing or publishing in whole or part, using any means, in any medium. It includes breaking up, changing, cropping or any other change or use as part of some other created work
"Intellectual Property" - means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
“Our Website” - means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all of the web pages owned by us.
“Price” - means the price for our Services as set out on Our Website.
“Services” - means all of the services available from Our Website, whether free or charged.
“Product” - Means anything we offer for sale on our website.
2. Interpretation
In this agreement unless the context otherwise requires:
2.1. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
2.2. in the context of permission, “may not” in connection with an action of yours, means “must not”.
2.3. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.4. these terms and conditions apply to all supplies of Services by us. They prevail over any terms proposed by you.
2.5. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Basis of contract
3.1. In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
3.2. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.3. The services or products you buy on Our Website are supplied by us or third party partnerships.
3.4. You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services you intend to buy are suitable and satisfactory for your requirements.
3.5. The contract between us comes into existence when we receive payment from you for a Product or Service.
3.6. We do not offer the Services in all countries. We may refuse to supply a Service if you live in a country we do not serve.
3.7. Some of our Services are now or may in future, be available to you only subject to additional terms. Those terms will be set out on Our Website. You now agree that if you choose to use any such service, the relevant terms will become part of this agreement.
3.8. We may change this agreement and / or the way we provide the Services, at any time. If we do:
3.8.1 the change will take effect when we post it on Our Website.
3.8.2 you agree to be bound by any changes. If you do not agree to be bound by them, you should not use Our Website or the Services.
3.9. The Price of any Service may be changed by us at any time. But we will never change a Price so as to affect the Price charged to you at the time when you buy a Service.
3.10. You agree that you are bound by these terms (or the latest version of them) for all future contracts with us, whether ordered through Our Website or in some other way.
4. Price and payment
4.1. Prices for Services or Products which you may buy as a New Zealand consumer are inclusive of GST.
4.2. The Price of any Products or Services may be changed by us at any time. But we will never change a Price so as to affect the Price charged to you at the time when you buy a Product or Service.
4.3. Our Product and Service require payment in advance in every case.
4.4. Payment is made via Our Website.
5. Security of your [credit card] We take care to make Our Website safe for you to use.
5.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
5.2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
6. Service provision
6.1. The Services and products are listed and described on Our Website.
6.2. Once you have paid we will ship products as soon as possible or provide you with further information on accessing the service you have paid for.
7. Satisfaction with the Services
7.1. If for any reason you are not completely happy with your product, just contact us within 30 days, and we will refund full purchase price.
7.2. The procedure for complaints about our Services is set out on Our Website. If you do not follow this procedure, we may be unable to identify you and the Services you have received.
7.3. Our returns policy forms part of these terms. By accepting these Terms you agree to our returns policy that can be viewed on Our Website.
8. Privacy
8.1. Our privacy policy is part of these terms. By accepting these Terms, you agree to our collection, use and disclosure of your information, as set out in our privacy policy, which can be viewed on Our Website.
9. Intellectual Property
You agree that at all times you will:
9.1. not cause or permit anything which may damage or endanger our title to the Intellectual Property;
9.2. notify us of any suspected infringement of the Intellectual Property;
9.3. indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
9.4. not use any name or mark similar to or capable of being confused with any name or mark of ours.
9.5. not use the Intellectual Property except directly in our interest.
10. Indemnity
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
10.1. your failure to comply with the law of any country;
10.2. your breach of this agreement;
10.3. any act, neglect or default by any agent, employee, you or your customer.
11. Termination
This agreement may be terminated:
11.1. when the Product has been delivered to you or the service is complete.
11.2. immediately by either party if the other commits any material breach of any term of this agreement and which in the case of a breach capable of being remedied is not remedied within 30 days of a written request to remedy it;