1. .BUYER AGREEMENT
By using this website you, as the buyer, agree to accept and adhere to all the following terms and conditions. It is your responsibility to read these terms and conditions, agree with and accept them.
Although we make every effort to accurately portray products exhibited on the website, we are unable to give any warranty that the current stock will be identical to the image displayed on our site. We reserve the right to alter design and prices at any time without notice.
The devices and systems do not diagnose anyone. Legally only a Licensed
Medical Practitioner can diagnose or cure a patient. The devices and systems
herein are designed to contribute to assessment and evaluation when used in
conjunction with other practitioner skills. Therapeutic facilities are based on
subtle energetic (generally electromagnetic/ frequency) facilities and are
designed to be part of an integrated health approach. No claims are made of
the system or results. Any information relating to specific issues are the result
of individual user's experiences and are not published clinical studies unless
Any information relating to device operation refers to the basic operation of
the software/ device / system but does not supply medical interpretation or
Any statement within this site or publications is not intended to indicate a
medical or disease diagnosis or treatment facility. In many cases the usage and
interpretation hints represent the experience of users and their opinions. These
are not necessarily universal.
The QXCI-SCIO-Indigo system and AGB NZ LTD accessories are designed to be
used as a Biofeedback Multimedia System. It is designed for stress
detection and stress reduction.
3 . .LIMITATIONS OF LIABILITY
You accept that access to the website and use of the services provided on it is at your own risk and that AGB NZ LTD has no liability whatsoever for any loss or damage arising from the use of the website.
AGB NZ LTD has the right, but not the obligation, to monitor any activity and content associated with their website. AGB NZ LTD may investigate any reported violations of the website policies or complaints and take any action that it deems appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service,
The products displayed on this website may not be copied or manufactured in any form or by any means electronically or mechanical including downloading, printout, photocopying, recording or by on-line access or any information storage and retrieval system without permission in writing from the copyright holders.
6. APPLICABLE LAW
These terms and conditions shall be governed by and construed in accordance with New Zealand law. All transactions to which these conditions apply and all matters connected therewith shall also bee governed by New Zealand law.
While AGB NZ LTD will do its utmost to supply continuous, uninterrupted and secure access to its services, the operation of the website may be impacted by numerous factors outside of AGB NZ LTD’s control. These terms and conditions set forth the entire understanding and agreement between AGB NZ LTD and you, the buyer.
You may not use a false name or an invalid or unauthorized bank account and/or credit card. Fraudulent conduct will be reported to law enforcement authorities, and AGB NZ LTD will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
AGB NZ LTD has absolute discretion, without giving any reason, to refuse any purchase or to withdraw any product from sale. Neither AGB NZ LTD nor any of its agents will be liable to any buyer, seller or third party by reason of AGB NZ LTD refusing a purchase or withdrawing a product from sale.
Purchases are not retractable except in exceptional circumstances and the retraction of any purchase is at the sole discretion of AGB NZ Ltd. By purchasing a product, you irrevocably agree to pay the total current purchase price for the product.
To complete the purchase of any product on the website, a payment will have to be made by the buyer to AGB NZ LTD via their secure on-line purchasing facility. Upon completion of a sale on the website, you will be notified via emailed invoice with date of posting of the product.
The prices of the Products are displayed in American dollars.
13. GOODS AND SERVICES TAX
The purchase price is an amount exclusive of Goods and Services Tax (GST). GST is payable by the buyer if they are a resident in New Zealand. If the buyer is a non-resident of New Zealand, is exporting the product and qualifies for zero-rating for GST then no GST will be added to the price.
14. SHIPPING AND INSURANCE
The prices of all products are inclusive of freight charge for freight sent by International Airmail with the exception of the ADK4000 Colour Therapy Unit which is always freighted by International Courier Service and attracts an additional charge of US $60 for this service.
Once payment of the total purchase price (inclusive of freight cost) has been received by AGB NZ LTD from the buyer, AGB NZ LTD will post the goods or arrange for a carrier to collect the product for shipping to the buyer.
The freight cost includes customs clearance to your destination, but excludes any or all duties, customs levies, VAT, GST or any other payment demanded by the buyer's customs authorities. These charges are payable by the buyer.
AGB NZ LTD where applicable will hold shipment tracking numbers to verify and track shipment to the buyer.
AGB NZ LTD is responsible for shipping costs and insurance, but at the cost of the buyer (incorporated into the freight cost as shown when purchased). If you are outside of New Zealand, then you will be charged for any other costs of export and import that could include duties, fees (brokerage or other) and costs or permits. AGB NZ LTD will inform you of these costs when you make the purchase.
AGB NZ LTD is not responsible for the acts or omissions of carriers or packers of purchased products. Packing and handling of purchases is at the entire risk of the buyer.
AGB NZ LTD will try to ensure that the goods purchased are delivered to you on a timely basis; however we make no warranties as to the actual transit time (the time between the date the product was handed to the freight forwarder and its receipt by the buyer, or their agents). No responsibility is accepted by AGB NZ LTD for delays in transit, but we will endeavour to inform you where there is a delay in the delivery and give you a revised delivery date.
AGBNZ LTD accepts no responsibility for goods that are not delivered or go missing when a customer has provided an incorrect delivery address.
Title to the product will pass to the buyer upon the buyer’s payment of the total purchase price.
The risk in the product shall not pass to the buyer until the collection by the carrier for the shipping of the product by AGB NZ LTD. The buyer will be responsible for loss or damage to the property purchased from this time forward.
16. .EXPORT/IMPORT RESTRICTIONS
AGB NZ LTD makes no representation or warranty and accept no liability whatsoever to the buyer or any third party in respect of the availability or issuance of valid import and export or other permits or the existence or exercise of pre-emption rights to purchase by governmental or regulatory authorities anywhere.
17. CONSUMER GUARANTEES ACT 1993
Pursuant to section 42(3) of the NZ Consumer Guarantees Act 1993, all warranties, descriptions, representation or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise, are expressly excluded. No agent or representative of AGB NZ LTD is authorised to make any warranties, representations or unauthorised warranties, representations or statements. The buyer shall ensure that the product is not used for any purpose for which it is not suitable and shall be responsible for using all necessary skill and care in handling and using the product. The buyer expressly acknowledges and agrees that AGB NZ LTD assumes no obligation or liability for any advice given and all products are accepted by the buyer entirely at the buyer’s risk.
18. CLAIMS FOR LOSS OR DAMAGE
AGB NZ LTD its employees, agents and sub-contractors do not guarantee the products against theft, loss, damage or other deleterious acts during transit.
If the buyer or their agent accepts the shipment without noting any damage on the delivery record (Consignment Note) this constitutes notice to AGB NZ LTD that the goods were delivered in good condition, any subsequent notation of damage will be invalid.
When making a claim for loss or damage, the following conditions must be adhered to:
i. Full notification of any claim for loss, damage or delay must be forwarded to AGB NZ LTD within two days of receipted delivery of the goods
ii. Any claim for loss or damage will be invalid if the delivery record (Consignment Note) has been signed stating that the goods were received in good condition.
Failure to comply with any or all of this section 18 of the terms and conditions shall render any claim invalid.
19. INTELLECTUAL PROPERTY
The content and software on this website may be used as a shopping resource only. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this website is strictly prohibited. All website content remains the property of AGB NZ LTD.
20. FORCE MAJEURE
AGB NZ LTD will not be liable for loss, damage or delay in the performance of its obligations under this agreement caused by events outside of our control, including but not limited to fire, casualty, accident, act of God, natural disaster, weather conditions, mechanical delays, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, acts of public enemies, war, strikes, civil commotion or acts of omission or public authorities (including customs and health officials) delay in transit, electricity or communications failures, or other causes whatsoever, whether similar to the foregoing or not, beyond the reasonable control of AGB NZ LTD
At AGB NZ LTD, we believe our most important asset is a good faith relationship with our clients. For this reason, we will never sell client lists to other companies, we do not ‘spam’ our newsletter recipients and we will not reveal information about our customers to anyone outside of our company.