Updated 14th July 2018
Please read this agreement in its entirety. All users of our service will be bound by this agreement. This agreement applies to all our products and services.
We may change this Agreement from time to time. We will notify you about those changes by emailing you, writing to you or by putting a notice on our website. The notice will set out the actual changes or will simply explain their general nature.
Any other changes to the terms of any agreement you may have with us must be accepted by us in writing.
1. Definition of Terms and Disclaimer
2. Other Terms, Conditions and Policies
Our general site policy sets out our expectations in terms of conduct for anyone visiting our website whether our customer or not. Other separate policies may be applied at any time for our other services or products. If our services are used in contravention of these policies, we reserve the right to withhold, restrict, suspend or cancel your use of them.
3. Our Contact Details
If you need to contact us you can either:
Active Associate Ltd.
Freephone: 0800 755 337
Postal Address: P.O. Box 6007, Upper Riccarton, Christchurch 8442, New Zealand
Physical Address: 1 Rimu Streer, Riccarton, Christchurch 8041, New Zealand
4. Our Commitments to You
In providing services to you we will:
- Provide our services with care and skill to the best of our ability
- Begin providing you with services within a reasonable time or in accordance with any agreement we may have with you
- Make sure to the best of our ability that the services we provide do everything we say they will do
- Do our very best to provide our services but at no time will we guarantee that any service will be continuous or fault-free
- Restore any interrupted or faulty service as soon as we reasonably can
5. Your Responsibilities to Us
When we supply a service or product to you it is your responsibility to:
- Make sure all the information you provide us with is accurate and complete
- Follow all policies applying to your use of our product or services and any instructions about using them
- Use our products or services in a responsible way so as not to annoy anyone else
- Never introduce anything harmful or destructive (like a virus) nor gain access to, or interfere in any way with our, or anyone else’s computer system, website or computer service
- Comply with all the appropriate New Zealand Laws including but not limited to the Privacy Act 1993, the Fair Trading Act 1986, the Copyright Act 1994, the Defamation Act 1992 and any relevant advertising codes of practice and any acts or codes that succeed them
- Make sure that everyone else who uses the products or services we supply to you, or who does anything in relationship with them, also meets these responsibilities
6. Hosted services
We can host your site, service or application on the World Wide Web. This brings additional legal and ethical responsibilities to us and you, our customer. However, we will not always be hosting your website, service or application. In the event that your website, service or application is hosted by a third party, it is your responsibility to review that company’s terms and conditions. We will advise you if we are not hosting your website, service or application
Where we are hosting your website, service or application we will do our reasonable best to:
- To allow uninterrupted access to your website, service or application by Internet users
- In the event of equipment failure, to restore online access by Internet users as fast as possible
- To make safe the data that makes up your website, service or application by performing regular and timely backups of your website, service or application
- Protect the security of your website, service or application from illegal intrusion or attack
- Advise you in advance if our servers need to be shut down for routine maintenance and to keep maintenance time as short as possible
Your responsibilities to us are:
- Maintain, and accept full responsibility for the content of your website, service or application in accordance with the New Zealand laws that relate to operation of any business, promotion or advertisement or public offer of any kind
- To refrain from any act or practice that is considered by us as likely to cause harm to our equipment or the operation of our equipment
- To refrain from any act or practice that is regarded by us an unacceptable practice
Unacceptable practices relating to your website include but are not limited to the following:
- Introducing any virus, script or any other thing to your website that is likely to cause harm to us, our equipment or anyone else’s website or equipment
- Unauthorised use or attempt to use other customer’s account or website including ‘tricking’ others into releasing their passwords
- Any attempt to gain access to someone else’s website or computer system whether they are our customer or not. Hacking in any form will not be tolerated
- An inclusion of any website content that is considered by us to be offensive or inappropriate to the general Internet community. This includes but is not limited to pornography, bigotry, racism, hatred, instructions or information about illegal activities, promotion of physical harm or injury against any group or individual, any act of copyright infringement including offering pirated computer programmes or links to such programmes or utilities, information used to circumvent manufacturer-installed copy-protect devices including serial or registration cracking utilities and key generators
- Spamming (unsolicited, repeated bulk emailing) in any form
You may choose to include in your website, service or application a Bulletin Board System or Chat Room. We accepts no responsibility for the content of any material posted by the users of these services. It is your responsibility to monitor or moderate BBS and Chat Room content.
If your service a BBS or Chat Room you may not allow users to distribute, upload or publish anything that is defamatory, libellous, pornographic, obscene or abusive; promotes hatred, violence or any illegal conduct or other illegal activity or in any way violates any law or the rights of others.
7. Services From Suppliers Other Than Us
You are responsible for your relationship with anyone who does anything else for you; for example, a photographer, a graphic artist, a software supplier or your Internet service provider. If there is a problem with a service or product provided to you by someone other than us, you need to contact these suppliers and not us if there is a problem.
8. Responsibility for Equipment or Software
If someone other than us has supplied you with software or equipment/hardware and there is a problem, you need to contact the supplier or manufacturer rather than us.
9. Our Charges and Credit Arrangements
Our prices are stated in New Zealand dollars and exclude GST. Customers who reside outside New Zealand are exempt from paying GST.
You must pay for the services we provide for you regardless of who actually uses them. Most charges are payable monthly. We may change our charges from time to time.
We will tell you about our charges for any product you request before we supply or start providing that service.
At any time you may be required to:
- Provide satisfactory evidence that you will be able to pay the charges for our services
- Arrange a ‘fair’ bond, guarantee or other security
Most of our services require that you lodge an Automatic Payment with your bank for the monthly payment of your account. In turn, we will invoice you each month with a certified GST invoice for the amount of the Automatic Payment.
The bill which we send you will be based on our records. If you think there has been a mistake on your bill, please contact the numbers shown on your bill and we will investigate the matter for you.
We also accept a credit card (Visa and Master card ONLY) payments for some of our services.
Our Bank details, payment details and the date the payments are to commence will be entered on the Automatic Payment form. Any adjustments to your monthly account will require that a new Automatic Payment from be sent to you and then lodged with your bank.
If you do not pay a bill by the due date for payment:
- You may be charged interest on the unpaid amount from that date until you pay it; the interest rate is fixed at 27% PA and will be charged on unpaid amounts on a daily basis
- You may be required to pay any costs that are incurred by anyone (including debt recovery agents) in recovering the money you owe or in exercising any other rights, including commissions and the legal costs of a solicitor
- We may withhold, suspend, restrict or terminate any service we have provided you
11. Privacy and Security
We are committed to protecting the privacy and security of our online visitors.
We use a technology called SSL Secure Sockets Layer. This means that our servers and your PC encrypt (scramble) everything you enter into your computers such as credit card details, billing and delivery address. Other computers are unable to make sense of the encrypted message and therefore the information is kept private. There are visual cues on a screen that tell you when you are entering a secure site. The key or padlock icon, which is normally open or absent, appears as a solid icon.
We do not pass on any of your information to anyone else. In accordance with the Privacy Act 1993, we will only use the personal information provided by you for the purposes of fulfilling your order, or other services requested by you.
You may request a copy of personal information we hold about you by contacting us in writing either by mail or email and upon payment of a fee of $35+GST, we will provide you with a copy of the personal data it holds about you by email. We may ask for proof of your identity before providing any information and reserve with the right to refuse to provide information requested if identity is not established.
12. Your Right To Cancel Or Give Up Any Service Or Product
You may cancel any service simply by notifying us in writing either by email or mail. Where you have agreed to take the service for a minimum period or on a month to month basis, charges for that service will continue to the end of that period or month. Otherwise, they will stop immediately. Any initial payment is non-refundable.
13. Our Right To Suspend Any Product Or Service
If you do not meet any responsibilities you have to us, or if we reasonably believe you are unable to pay our charges, we may withhold, suspend, restrict or terminate any service at any time.
We may require you to edit and/or delete material we consider to be unauthorised, defamatory, misleading, objectionable, offensive, illegal or detrimental to our reputation and products or services. If you do not do so to our satisfaction we may edit that material ourselves and may withhold, suspend, restrict or terminate any service or product we supply you without further notice.
Where we suspend or terminate a service for any of the above reasons we may require you to pay a set-up fee to have your services restored before you can use them again.
We may also withhold, suspend, restrict or terminate any product or service if we think it reasonable or necessary, for example, if the equipment to provide services to you is unavailable or we need to take steps to protect it.
We may filter, delete or restrict access to material posted on any website under our control or transmitted via our equipment if you or anyone else does not comply with these terms or any other terms and policies that apply to the use of our products or services.
Normal charges will continue where any service has been suspended or restricted.
14. Our Right To Stop Providing Any Services
We may stop providing any service or product to you. We may do this at any time if you do not pay the charges for the products or services or meet your other responsibilities under any agreement you may have with us. Otherwise:
- We will give you one month’s notice before we stop providing the service; except,
- Where we have agreed to provide a service for a minimum period or you have paid for it in advance, we will continue to provide that service to you until the end of that period, which may be for more or less than a month.
15. Identification Codes, Usernames and Passwords
We may allocate identification codes, usernames and passwords for your use depending on which product or service you want. We may change any code or username but will allocate you a new code and/or username. We will always give you as much advance notice as we reasonably can before we make any change.
You are responsible for keeping confidential your account number, identification code or codes, username and passwords used by or allocated to you. We may assume that any request or instruction we receive is authorised by you if it is received along with suitable verification (for example, your account number, identification code, username or password).
16. Your Rights to Compensation from Us
Where we do not meet our responsibilities to you, we will make a refund limited to an amount equal to our average monthly charge to you for the period of the affected service. We will take the six-month period leading up to the affected service to calculate the average monthly charge.
A refund is not available where we did not meet our responsibilities to you because we were not given correct information or through other causes beyond our reasonable control, or where we have withheld, suspended, restricted or terminated our service.
17. The Consumer Guarantees Act 1993 The Consumer Guarantees Act 1993 contains consumer safeguards which may apply to services we provide for you. Any rights you may have under that Act apply in addition to the rights set out above.
18. Exclusion of All Other Liability
We have set out your rights to claim compensation from us. We now exclude all other liability we may have to you. This exclusion applies (but is not limited to) for the benefit of the following people:
- Active Associate Ltd.
- Network operators whose networks may be used to provide our service
- All companies directly or indirectly owned, partly owned or controlled by any of the people listed above
- All officers, employees, contractors, agents or representatives of all the people listed above
- Anyone else any of the people listed above is responsible for.
None of these people is liable to you or has to pay you for anything else caused by or resulting from anything any of them does or does not do, or delays in doing whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies:
- Whatever you are claiming for (including loss of profits or business)
- However, liability arises or might arise if it were not for this clause
This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you and does not limit any rights you may have under the Consumer Guarantees Act 1993.
19. Limitation of Our Liability
We have set out your rights to claim compensation from us and excluded all other liability we or any of the people listed above may have to you. If we or any of the people listed above are ever liable to you and, for any reason, cannot rely on the exclusion above, then this clause applies.
Where this clause applies, the maximum combined amount we and all the other people listed above will have to pay you and anyone else who uses the products or services we provide we provide for you (together) is:
- $1.50 for any event or any series of related events
- A total of $4.50 in any twelve month period
20. Our Rights to Compensation From You
Where you do not meet your responsibilities to us, you must pay any reasonable expenses we incur in collecting any money you owe us or in exercising any of our other legal rights.
We recommend you talk to your insurer about arranging suitable cover for risks of loss or liability arising from these terms.
21. Using Information About You
In any relationship you have with us, we may collect information about you. The information may be obtained from you and others or generated within the equipment used to provide our services when you or anyone else uses our products or services. You may decide not to provide any of the information any of us seeks from you. However, if you do not provide it , we may not be able to provide services to you.
You may ask to see information any of us holds about you, and we will provide it to you as long as we can readily retrieve it, and you may ask that any details that are wrong and ask for them to be corrected.
We may hold the information and share it with employees, contractors, credit reference agencies and with collection agencies. This enables us to:
- Provide services to you and others
- Send you bills and recover money you owe
- Keep you informed of updated or new services available to you from us and other people
- Exercise any lawful right any of us has.
We may share with network operators any information required to enable you to use any of our products or services; this does not include your name and address.
We may disclose information about you to law enforcement authorities (such as the Police or the Department of Internal Affairs) if we think it is necessary; for example, to help maintain the law.
22. Intellectual Property Rights
We may have intellectual property rights in the products or services we provide to you, on your website and in our services including, for example, copyright, trademark and design rights. We retain all our rights when we provide a product or service to you.
We acknowledge that our clients own the ‘Intellectual Property Rights’ to all of the data displayed or contained within their website, however, we retain all rights to the ‘source code’ that we have developed for the purpose of displaying that data at all times.
23. Meeting Our Responsibilities Through Agents or Representatives
We may have our approved agent or representative perform and have the benefit of all or any part of our side of any agreement you may have with us.
24. Transferring Rights and Responsibilities
You may transfer and have someone else perform all or any part of your side of any agreement you have with us so long as you get our written approval first. We may transfer to someone else all or any part of our side of any agreement you have with us. We will tell you if we do this.
25. More Than One Customer
Every person named as a customer in any agreement with us must meet all the customers’ responsibilities under that agreement.
26. Sending Bills and Notices
Bills or other notices will be sent to the last physical or electronic address you have given us. We, our agents or representatives, and anyone to whom we have assigned the amounts you owe us, can assume any bill or notice sent by physical post has been delivered five days after it has been posted and any bill or notice sent electronically has been delivered on sending unless we receive a ‘failed to deliver’ message. Please advise us promptly of any changes to you physical or electronic addresses.
27. Responsibilities Under Other Agreements
We must meet all our responsibilities to you under every agreement we have with you. You must meet all your responsibilities to us under every agreement you have with us.
28. Each Term Separately Binding
Each term of every agreement you have with us is separately binding. If for any reason we, you or any of the people listed in clause 15 cannot rely on any term, all other terms remain binding.
29. New Zealand Law Applies
All our products and services are provided under New Zealand Law. You may take action against us only in a New Zealand court.