Terms of Sale and Service
These terms apply when you use this website, when you buy from us, and when we provide you with training or support. Please read them — particularly sections 4 (medical advice), 11 (manufacturer apps) and 12 (open source systems).
By placing an order or using this website, you agree to these terms. If you are ordering on behalf of someone else, you confirm you are authorised to do so and that you accept these terms for both of you.
Your Consumer Guarantees Act rights are not affected. Nothing in these terms limits or excludes any right you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 when you buy as a consumer. Where anything here appears to conflict with those Acts, those Acts prevail.
- Who we are
- Where we supply
- What we sell
- We do not give medical advice
- Orders and acceptance
- Prices, GST and promotions
- Payment
- Delivery, title and risk
- Cancellation, change of mind and returns
- Warranty and product issues
- Manufacturer apps, software and terms
- Open source systems
- Training and support
- Funding pathways and PHARMAC
- Safety, incidents and recalls
- Consumer guarantees and business customers
- Limitation of liability
- Using this website
- Intellectual property
- Privacy
- Events outside our control
- Changes to these terms
- Governing law and disputes
- General
- Contact us
1. Who we are
Intuitive Therapeutics Limited (NZBN 9429049165982) is a company incorporated in New Zealand, distributing continuous glucose monitoring systems, tubeless patch insulin pumps and other advanced medical technologies.
- NZBN: 9429049165982
- Post: PO Box 4241, Hamilton East 3247, Aotearoa New Zealand
- Email: info@intuitivetherapeutics.co.nz
- Phone: 07 808 0850
In these terms, “we”, “us” and “our” mean Intuitive Therapeutics Limited, and “you” means the person placing the order or using the site.
2. Where we supply
We currently deliver within New Zealand only. We do not accept orders for delivery to overseas addresses. If you are outside New Zealand and want to know whether a product is available in your country, get in touch and we will point you to the right distributor.
3. What we sell
The products we sell are medical devices and related consumables and accessories. They are supplied for use in accordance with the manufacturer’s instructions for use, and for the purpose the manufacturer intended.
Some products require, or are strongly recommended to be used with, appropriate clinical involvement — including initiation, training and ongoing review by a suitably qualified health professional. Some products are only appropriate for certain people. If you are unsure whether a product is right for you, talk to your diabetes team before ordering.
We describe products as accurately as we can, and we take reasonable care that specifications, images and compatibility information on this website are correct. Manufacturers do change specifications, packaging and app requirements from time to time, and the manufacturer’s current instructions for use always take precedence over anything on this website.
4. We do not give medical advice
Nothing we publish, say or supply is medical advice. We are a distributor and a support team, not your clinicians. Information on this website, in our training, and in our conversations with you is general product information and practical experience — it is not a diagnosis, not a prescription, and not a treatment recommendation.
Decisions about your insulin, your therapy settings, your targets and your clinical care are for you and your treating health professionals. Never change insulin doses, pump settings or therapy on the basis of something you read here or heard from us without discussing it with your diabetes team.
Diabetes technology can fail, and glucose readings can be wrong. Always follow the manufacturer’s instructions about confirming readings with a fingerstick blood glucose test where indicated, and always keep a working backup plan — meter and strips, backup insulin delivery, and hypo treatment. If you are unwell, if a device is behaving unexpectedly, or if you suspect diabetic ketoacidosis, follow your sick-day plan and seek medical help. In an emergency call 111.
5. Orders and acceptance
An order placed through this website is an offer to buy. A contract is formed only when we accept your order, which we do by sending an order confirmation or by dispatching the goods — whichever comes first. An automated acknowledgement that we have received your order is not acceptance.
We may decline or cancel an order, in whole or in part, where:
- the product is out of stock or has been discontinued;
- there has been an obvious pricing or description error;
- we are not able to verify your details or the payment;
- the product is not appropriate to supply in the circumstances, or we hold a reasonable safety concern; or
- supply would breach any law or the terms on which we hold the distribution rights.
If we decline or cancel an order you have already paid for, we will refund you in full.
Items shown as “P.O.A.” (price on application) are not sold at a listed price. Contact us for a quote; a quote is valid for the period stated on it, or 30 days if no period is stated.
6. Prices, GST and promotions
Prices are in New Zealand dollars and include GST unless clearly stated otherwise. Delivery charges, where they apply, are shown before you complete checkout.
We may change prices at any time, but a change will not affect an order we have already accepted. If a product is listed at an obviously incorrect price, we are not obliged to supply at that price — we will contact you, and you can confirm at the correct price or cancel for a full refund.
Promotional and discount codes are subject to any conditions stated with them, cannot be exchanged for cash, and may be withdrawn at any time before an order is placed.
Where a product is funded, subsidised, or supplied under a funding arrangement, different terms may apply and we will tell you what they are.
7. Payment
We accept payment by card through a third-party payment provider, and by invoice or bank transfer where we have agreed that with you.
- Card payments are processed securely by our payment provider. We do not receive or store your full card details.
- Where we supply on invoice, payment is due by the date on the invoice. If an invoice is overdue we may suspend further supply, and we may recover reasonable costs of collection.
- We may require payment in full before dispatch, particularly for a first order or a high-value item.
8. Delivery, title and risk
We aim to dispatch in-stock orders promptly, and we will tell you if something is going to take longer. Any delivery time we give is an estimate, not a guarantee, and we are not liable for delays caused by the courier or by circumstances outside our control.
Please give us a delivery address where someone can receive the parcel. If you leave delivery instructions authorising the courier to leave a parcel without a signature, the parcel is at your risk once it has been left as instructed.
- Risk in the goods passes to you on delivery.
- Title to the goods passes to you when we have received payment in full.
Check your order on arrival. Tell us within 7 days if anything is missing, damaged in transit, or not what you ordered, and we will sort it out. This does not limit your rights under the Consumer Guarantees Act for faults discovered later.
9. Cancellation, change of mind and returns
You can cancel an order at no cost any time before it is dispatched — call or email us as soon as you can.
Change of mind after dispatch
We are not required to accept a return because you have changed your mind. We will consider a change-of-mind return within 14 days of delivery, at our discretion, where the product is:
- unused, unopened and in its original sealed packaging;
- in resaleable condition, with all documentation and accessories; and
- not a sterile, single-use, temperature-sensitive or date-limited item.
Where we accept a change-of-mind return, you pay return postage, and we may deduct a handling fee. Please contact us for a return authorisation before sending anything back.
Why sterile and single-use items can’t be returned. Sensors, infusion sets, patches, reservoirs and similar consumables are sterile single-use medical devices. Once the packaging has been opened, or once an item has left our control in conditions we cannot verify, it cannot safely be resupplied to anyone else. That is a patient safety rule, not a commercial one. It does not affect your rights if the product is faulty.
Faulty or non-compliant products
If a product is faulty, not fit for purpose, or does not match its description, your Consumer Guarantees Act rights apply in full — see sections 10 and 16. Do not throw a faulty item away; we usually need it, or its serial or lot number, to progress a claim.
10. Warranty and product issues
Devices we distribute carry the manufacturer’s warranty, for the period and on the terms the manufacturer specifies. That warranty is in addition to, and does not replace, your rights under the Consumer Guarantees Act.
How to report an issue
Contact us, or use the issue report form on our website. To assess and escalate a claim we generally need:
- the device serial number, and the lot or batch number of any consumable;
- the date the item was first used and the date the problem occurred;
- a clear description of what happened; and
- photographs, where they help.
We handle the claim with the manufacturer on your behalf and keep you posted. We may need to send the item, or images of it, to the manufacturer for assessment. Where a claim is accepted, the usual remedy is a replacement or credit in accordance with the manufacturer’s warranty terms.
What warranties typically do not cover
- Damage from misuse, dropping, crushing, or exposure to water or heat beyond the device’s stated limits
- Wear and tear, or consumables used past their expiry date
- Unauthorised repair, opening or modification of a device
- Damage caused by using the device with hardware, software or accessories the manufacturer does not support
- Loss or corruption of data
Manufacturer warranty terms vary by product — check the documentation supplied with your device, or ask us and we will tell you what applies.
11. Manufacturer apps, software and terms
The devices we sell are used with apps and cloud platforms provided by their manufacturers. Those apps are licensed to you by the manufacturer, on the manufacturer’s terms and under the manufacturer’s privacy policy. Intuitive Therapeutics is not a party to that agreement, does not licence the software to you, and does not operate the platform.
When you download, install, register for or use one of those apps — including the apps supplied with the LinX CGM and the Medtrum TouchCare and EasyPatch systems — you accept the terms and conditions and the privacy policy presented to you by that provider. You are responsible for reading them and for deciding whether you accept them.
You acknowledge that:
- app functionality, compatibility, pricing, subscription requirements and availability are set by the provider and can change without notice to us;
- a provider may require a compatible phone, a current operating system version, a data connection, or a paid subscription;
- data you upload through an app is held by that provider under their policy, which may involve storage overseas — see our Privacy Policy;
- sharing and follower features are your choice and your responsibility to configure;
- a provider may suspend, change or discontinue a platform, and we have no control over that; and
- we are not liable for the acts, omissions, terms, pricing, availability or data practices of an app provider.
We will always help where we can — setting an app up, troubleshooting a connection, or finding the right support contact — but support for the software itself sits with the provider. Nothing in this section limits any right you have against us under the Consumer Guarantees Act in respect of goods or services we supplied.
12. Open source systems
All information provided on open source systems is for informational purposes only. We do not sell or endorse open source systems. These don’t belong to us — they belong to the entire diabetes community, and to those who love us and who have put in the work to make all of this possible. More information and support with open source systems can be found with Nightscout New Zealand.
Community-built open source projects — Nightscout, AndroidAPS, xDrip+ and others like them — are created and maintained by volunteers and given freely to the community. Where we mention them, link to them, or talk about them, we do so because they matter to the people we serve, and because being open about what is possible is part of who we are.
To be clear about what that does and doesn’t mean:
- We do not supply, licence, sell, host, operate, warrant, certify or endorse any open source system.
- Open source systems are not medical devices approved for supply, and are not covered by any manufacturer warranty or by any warranty from us.
- Setting up and running an open source system is your own decision and your own responsibility, made with your own understanding of the risks and, we’d strongly encourage, in conversation with your diabetes team.
- Using a device with an open source system may fall outside the manufacturer’s intended use, and may affect manufacturer warranty or support for that device. Ask us or the manufacturer if you are unsure.
- We are not liable for any loss or harm arising from your use of an open source system, or from information about open source systems provided for general interest.
- Support for open source systems comes from the community — the project documentation, the community forums, and Nightscout New Zealand — not from us as a warranty or service obligation.
None of this is a warning off. It is simply an honest account of where the responsibility sits, because the people who built these systems built them on exactly that understanding.
13. Training and support
We provide product training and support — to people using our products, to families and caregivers, and to healthcare professionals. We will provide it with reasonable care and skill, as the Consumer Guarantees Act requires.
Training covers how a device works and how to get the best from it. It does not cover, and must not be relied on for, clinical decision-making, dose calculation, therapy settings or diagnosis — see section 4. Where a session touches on therapy settings, that is a conversation for you and your clinician, and we will say so.
Training and support are provided at our discretion and subject to availability, and may be charged for where we have told you in advance.
14. Funding pathways and PHARMAC
We publish information about funding pathways, including the PHARMAC Alternative Brand Allowance, to help people navigate a process that is genuinely difficult. That information is general, is current only as at the date published, and is not a substitute for the criteria and guidance published by PHARMAC.
Applications of this kind are made by a treating clinician on a patient’s behalf. We are not PHARMAC, we do not make or lodge applications, we do not assess them, and we cannot influence or guarantee any outcome or timeframe. Any funding decision is made by the funder, not by us.
15. Safety, incidents and recalls
If a product causes or contributes to a serious incident, or behaves in a way that could put someone at risk, please tell us as soon as you can. We have obligations to report serious device-related incidents to the manufacturer and, where required, to Medsafe.
If a manufacturer issues a safety notice, field action or recall affecting a product we supplied to you, we will use the contact details we hold to notify you. Please keep your contact details up to date with us, and act on safety notices promptly — this is one of the reasons we keep records of who received which device and lot.
16. Consumer guarantees and business customers
If you buy as a consumer (for personal, domestic or household use), the guarantees in the Consumer Guarantees Act 1993 apply and nothing in these terms limits or excludes them. You also have rights under the Fair Trading Act 1986, which we do not attempt to limit.
If you buy for the purposes of a business — including a clinic, hospital, pharmacy or other organisation acquiring goods or services for business purposes — then you and we agree, in accordance with section 43 of the Consumer Guarantees Act 1993 and section 5D of the Fair Trading Act 1986, that those Acts do not apply to the supply, and that it is fair and reasonable for us to be bound by this agreement. In that case the only warranties that apply are those expressly set out in these terms and any applicable manufacturer warranty.
17. Limitation of liability
Subject always to section 16, and to the fullest extent permitted by law:
- our total liability to you in connection with any product or service, however arising, is limited to the amount you paid us for that product or service;
- we are not liable for indirect or consequential loss, loss of profits, loss of data, or loss of opportunity; and
- we are not liable for loss arising from your use of a manufacturer’s app or platform, from an open source system, from third-party hardware or software, or from a failure to follow the manufacturer’s instructions for use.
Nothing in these terms limits liability that cannot lawfully be limited, including liability for death or personal injury caused by our negligence, or for fraud.
18. Using this website
You may use this website for lawful purposes, to browse products, place orders and access information. You must not:
- interfere with the site, its security, or its availability to others;
- use automated tools to scrape, harvest or bulk-download content, other than standard search engine indexing;
- attempt to gain unauthorised access to any part of the site or any account; or
- submit content that is unlawful, misleading, offensive, or infringes someone else’s rights.
We take care with the content on this site, but we do not warrant that it is complete, current or error-free, or that the site will be uninterrupted. We may change, suspend or withdraw any part of the site at any time.
Testimonials and community stories published on this site are the genuine experiences of the individuals concerned. They are personal experiences and not a promise of any particular outcome for you.
Links to other websites are provided for convenience. We do not control those sites and are not responsible for their content, their products or their privacy practices.
19. Intellectual property
The content of this website — text, images, layout, graphics and our name and logo — is owned by us or used under licence, and is protected by copyright and other intellectual property rights. You may view and print content for your own personal or clinical use. Any other use, including reproduction, republication or commercial use, requires our written permission.
Product names, trade marks and logos belonging to manufacturers remain the property of those manufacturers and are used here to identify their products.
20. Privacy
How we collect, use, share and protect your information is set out in our Privacy Policy, which forms part of these terms.
21. Events outside our control
We are not liable for any failure or delay in performing our obligations caused by something outside our reasonable control — including supply chain and manufacturing disruption, courier failure, natural events, power or telecommunications outages, regulatory action, epidemic or pandemic. If such an event materially affects an order, we will contact you to agree a way forward or refund you.
22. Changes to these terms
We may update these terms from time to time. The version published on this page at the time you place an order is the version that applies to that order. Changes do not affect orders we have already accepted.
23. Governing law and disputes
These terms are governed by New Zealand law, and the New Zealand courts have jurisdiction.
If something goes wrong, please talk to us first — most things are fixed with a phone call. If we can’t resolve it between us, either of us may refer the matter to mediation before starting court proceedings, and consumers may take a claim to the Disputes Tribunal where it falls within that Tribunal’s jurisdiction.
24. General
- These terms, together with our Privacy Policy and your order confirmation, are the entire agreement between us about the products and services we supply.
- If any provision is found to be unenforceable, the rest continues to apply.
- A delay in enforcing a right is not a waiver of it.
- You may not transfer your rights under these terms without our written consent. We may transfer ours as part of a transfer of our business, without reducing your rights.
25. Contact us
We are people living with diabetes, serving people living with diabetes. If something isn’t right, tell us.
- Email: info@intuitivetherapeutics.co.nz
- Phone: 07 808 0850
- Post: Intuitive Therapeutics Limited (NZBN 9429049165982), PO Box 4241, Hamilton East 3247, Aotearoa New Zealand