Website Terms and Conditions of Use

Definitions

 

“Agreement” refers to the terms and conditions set forth herein, along with any quotations, orders, invoices, or other documents or amendments expressly stated to be supplementary to this agreement.

 

“We,” “Us,” “Our,” or “Ourselves” refers to Active, including its successors, assigns, or any person acting on its behalf and with its authority.

 

“You,” “Your,” or “Yourself” refers to any individual (end user) who is at least eighteen (18) years of age.

 

“Incidental Item(s)” refers to goods and/or services available for purchase or sale through this website, as specified on our website, to be supplied and/or provided by the seller to you.

 

“Website” refers to an online platform accessible via the internet, offering multimedia content through a graphical user interface.

 

“Prohibited Content” refers to any content displayed on advertising media that:

• Breaches applicable laws or codes: Is, or could reasonably be, in violation of the Broadcasting Act 1989, Fair Trading Act 1986, Consumer Guarantees Act 1993, or any other applicable law or industry code.
• Contains misrepresentations: Includes, or could be considered to include, false, misleading, or deceptive representations, or is otherwise unlawful.
• Infringes intellectual property rights: Violates, or could reasonably be considered to violate, any person’s intellectual property rights, including (but not limited to) the unauthorised distribution of digital files or materials in which we do not own the copyright.

 

“Personal Information” refers to any information that directly or indirectly identifies you. This includes, but is not limited to, your first and last name, date of birth, email address, gender, occupation, and other demographic details.

 

“Confidential Information” refers to any information of a confidential nature, whether communicated orally, in writing, or in electronic form. This includes, but not limited to, the terms set forth herein, a party’s intellectual property, operational information, knowledge, trade secrets, financial and commercial affairs, contracts, supplier information, and pricing details.

 

Acceptance

We reserve the right to update or amend these terms and conditions (including our Privacy Policy) at any time. Notice of any changes will be provided via this website. By continuing to use the website after such changes are posted, you are considered to have accepted and agreed to be bound by the updated terms and conditions. If you intend to transact through this website (e.g., purchase goods and/or services via our trade portal), you warrant that you are at least 18 years of age and have the legal capacity to enter into a binding sales agreement. You acknowledge that any such agreement creates valid and enforceable legal obligations on your part.

 

Compliance with Laws

This website is governed by, and shall be interpreted in accordance with, the laws of New Zealand. It is designed and developed for use within New Zealand and is not intended for access or use by visitors outside of New Zealand. The content on this website is provided for convenience. However, Active cannot accept any liability for its accuracy or content. Users who rely on this information do so at their own risk. This website may provide links to other websites. Active is not responsible for the currency or accuracy of content on such websites and the inclusion of such links does not imply endorsement by Active of the linked website or its provider.

 

Privacy Policy

Active complies with the New Zealand Privacy Act 2020 when dealing with personal information. Personal information is information about an identifiable individual (a natural person). Our Privacy Policy sets out how we will collect, use, disclose and protect your personal information. This policy does not limit or exclude any of your rights under the Act. If you wish to seek further information on the Act, see www.privacy.org.nz.

 

Storing your information

Active complies with the New Zealand Privacy Act 2020 when storing personal information. Our Information, Data and Records Management Policy establishes a framework for the management of information, data, and records as corporate assets of Active. It defines principles and accountabilities to ensure compliance with legislative, best practice, and business requirements, while supporting effective corporate governance.

 

Securing your information

Active complies with the New Zealand Privacy Act 2020 when securing personal information. When making a transaction through this website, your information will pass through a secure server using SSL (secure sockets layer) encryption technology. The encryption process ensures that your information cannot be read by or altered by outside influences.

 

Information we collect

When you request goods or services, we may collect the personal information you provide through online forms to facilitate your purchase. This information allows us to process transactions efficiently, analyse our website’s performance, and enhance our customer service, which may include providing you with relevant updates or promotional offers. We may also collect tracking data for statistical purposes to improve website accessibility, enhance user experience, and measure the effectiveness of our marketing activities. This data may include:

• Your IP address
• The date and time of your visit to our website
• Your clicks and activity on the website
• The referring website, if applicable, through which you accessed our website
• Technical information about your browser, device, and operating system.

We and our partners may use various technologies to collect and store information when you use this website, including cookies and similar tracking technologies such as pixels and web beacons. These web beacons track specific behaviors, such as whether an email sent through the website was delivered, opened, or if links within the email were clicked. These cookies do not access your hard drive but may be stored on it to enable our website to recognise you when you return.

 

Information we release

We will only disclose your information as authorised by you, required by law, or when necessary to provide goods or services to you (e.g., to third-party suppliers or delivery companies). When shared with third parties, the information provided will be limited to what is necessary for them to perform their services and may not be used for any other purpose. We will not release your information for any purpose that you could reasonably expect us not to disclose. Except as described above, we do not share, sell, rent, or lease your information to third parties. Your personal information will only be disclosed to employees within our organisation who require access to ensure you receive information about our products and services or to process requests for goods and services through this website. Under the Privacy Act, you have the right to request access to any information we hold about you and to request corrections to any inaccuracies. We will comply with such requests within fourteen (14) days of receipt, as required by law. We may ask you to verify your identity to help us process your request efficiently.

Other data protection rights

You may have the following data protection rights:

• To access, correct, update or request deletion of personal information. We will take all reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete, and up to date.
• If personal information is collected or processed based on consent, the data subject can withdraw their consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
• The right to complain to the data protection authority about the collection and use of personal information. The Office of the Privacy Commissioner (OPC) is New Zealand's data protection authority.

You can contact the OPC by: 

• Calling 64 9 302 21 60
• Faxing 64 9 302 23 05 
• Emailing privacy@iprolink.co.nz 
• Visiting www.privacy.org.nz

Mailing lists

Active maintains a marketing database, now or in the future, for the exchange of communications, marketing emails, or messages regarding your account(s) with Active. We will NEVER send you emails requesting confidential information such as account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from Active, do not respond to the email and notify us immediately by emailing us at admin@goactive.nz. If you do not wish to receive communication from us, please notify us, in writing, by emailing us at admin@goactive.nz.

 

Copyright and trademarks

The content of this website, including copyrights and trademarks, is the property of Active, our suppliers, or linked third parties. You may not distribute, reproduce, display, or publish any trademark or other content from this website for any purpose without prior written approval from Active, our suppliers, or linked third parties (as applicable). Furthermore, you agree to indemnify Active against any claims, costs, damages, or losses incurred because of your failure to comply with this clause. 

 

Advertisers and linked sites

The display of any advertiser on this website or the provision of links to third-party websites is not an endorsement by Active of the advertiser, third-party provider, or any of their website content or business practices. Since Active has no control over the content of third-party websites, accessing such websites is at your own risk. We recommend that you carefully review the terms and conditions of use and the privacy policies of any third-party website as soon as you access it. Active accepts no liability for any dealings, promotions, or activities between you and advertisers or third-party providers.

 

Specifications and information

The specifications and information provided on this website are presented in good faith, based on our knowledge, experience, and information supplied to Active by manufacturers, suppliers, or sources believed to be accurate at the time of receipt. However, if you have concerns about the suitability of the goods or services provided on this website, particularly about their use or fitness for a specific purpose, we recommend you contact Active or seek external professional advice. You acknowledge and accept that the colours displayed on the website may not accurately represent their true colour. This discrepancy may be influenced by factors such as the quality of images provided to us, or the settings, age, or quality of your monitor. If colour is a crucial factor in your decision-making, we recommend contacting Active before making a purchase. 

 

Online ordering

The display of goods on this website does not guarantee their availability. All orders placed through this website are subject to confirmation of acceptance by Active. Orders for services are subject to confirmation of suitable time limits for the provision of services between you and Active.

 

Continuous service

Due to the inherent nature of websites, Active cannot guarantee uninterrupted or continuous availability of this website. You acknowledge that the website may be unavailable from time to time for maintenance or scheduled upgrades, without prior notice. Active accepts no liability for any downtime, whether scheduled or otherwise. 

 

Termination of use

Active may terminate these terms and your access to the website at any time, at our sole discretion, without notice or providing a reason. In the event of termination under this clause, Active will have no liability whatsoever, including for any direct or consequential losses you may incur.

 

Jurisdiction

This website (excluding any linked third-party sites) is controlled by Active from our principal business premises in New Zealand. Our servers are in New Zealand, so your information may be transferred to, stored, or processed in New Zealand. The website can be accessed from countries around the world, as permitted. As each country may have laws differing from those of New Zealand, by accessing this website, you agree that the laws and statutes of New Zealand will apply to any dealings, actions, or claims arising out of, or in relation to, this agreement or your use of this website, regardless of any conflicting laws in your country of domicile. Additionally, Active or our subcontractors may use cloud technology to store or process personal information, which may involve storing data outside New Zealand. It is not practical to specify in advance which country will have jurisdiction over this offshore activity. However, all our subcontractors must comply with the New Zealand Privacy Act regarding the transfer or storage of personal information overseas. You further acknowledge and agree that any claim against Active must be filed in New Zealand, where our principal business premises are found, and that any legal proceedings will be conducted in English. We make no representation that goods or services offered through this website are appropriate, available, or suitable for use in countries outside of New Zealand. Accessing material or content from this website that is illegal in your country of domicile is strictly prohibited. 

 

General

Active provides message boards for users; however, these message boards may not be used to promote websites or any commercial or business activities. We are not responsible for any opinions expressed on the message boards. By posting a message, you agree to take full legal responsibility and liability for your comments, including any offensive or defamatory statements. Feedback provided on the website is intended to facilitate trading between users and Active. Feedback about other parties must not contain offensive, defamatory, retaliatory, or inappropriate language or content. Active reserves the right to remove any feedback considered offensive, defamatory, retaliatory, or inappropriate. Feedback must relate to a specific transaction and cannot be posted for transactions unrelated to that specific interaction. You must not post feedback about yourself or include contact details or personal information. Neither party shall be liable for any default due to circumstances beyond reasonable control, including acts of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, or other unforeseen events. The failure of either party to enforce any provision of these terms and conditions shall not be considered a waiver of that provision, nor shall it affect that party’s right to enforce it later. If any provision of these terms and conditions is considered invalid, void, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected. Active shall not be liable for any indirect or consequential loss or expense (including loss of profit) arising from a breach of these terms and conditions. Our liability is limited to damages, which shall not exceed the fee for the goods or services involved.