(Last updated October 2019)

1. Welcome to the website of Active⁺  (“the Website”) and thank you for taking the time to read these Website terms of use, which apply to your use of the Website and all information, products, services, applications and portals we offer or provide on the Website (“Website Services”).
2. For the purposes of these terms of use, "Active⁺" means each of Active Ltd and/or Active Physio Ltd.
3. By accessing and using the Website you are deemed to agree to these terms of use. If you do not agree to be bound by these terms of use, you must stop accessing and using the Website and all Website Services immediately.
4. The information contained on this Website is provided for the purposes of informing you about Active⁺ and the products and services we offer, enabling clients and others to undertake certain activities on-line, and for general and health information purposes (as applicable).
5. While Active⁺ will endeavour to keep the contents of the Website up to date and accurate, we do not warrant or represent to you or any other person that such content is accurate or up to date at all times. Any health or medical information is for general reference only, and does not constitute, replace or supercede individual health services.
6. Active⁺ will provide the Website and any Website Services that you request with reasonable care and skill.  However, we do not represent or warrant that the Website or any Website Services will: 
     i. operate on a continuous or fault-free basis or at any particular time or location;
     ii. be secure or private;
     iii. be free of viruses or other harmful features (including any files displayed or obtained from or through the Website or the Website Services or any website linked to it).
7. We will endeavour to have functionality to the Website and any Website Service restored as soon as reasonably possible in the event of an outage or other technical fault.
8. To the fullest extent permitted by law, Active⁺ and its officers and employees will not be liable whether in contract, tort (including negligence) or otherwise to you or any other person for any loss or damage (whether direct, indirect, consequential or special) arising directly or indirectly from any errors or omissions in the information contained in this Website or any Website Services or any delay or interruption to or use whatsoever of the Website or Website Services, or any failure to comply with clauses 6(i) to (iii).
9. Except as expressly provided otherwise, Active⁺ or its suppliers own all copyright and other intellectual property rights in the information contained in this Website or otherwise connected with this Website or the Website Services. No part of this Website or the Website Services may be modified, reproduced, transmitted, stored or otherwise dealt with (including in any other website or other electronic form) except as expressly provided for on the Website or with the prior written consent of Active⁺, except that you may print, or download to your hard drive extracts from the Website for your own personal use.
10. While using the Website or any Website Services you must ensure that: 
    i. all information which you supply to Active⁺ is current, complete, accurate and provided in a timely manner;
    ii. you comply with all applicable laws, regulations standards and codes;
    iii. you notify us immediately of any actual or suspected unauthorised use of security information relating to you.
11. You accept all responsibility for your use of the Website and/or the Website Services and you indemnify Active⁺, its officers and employees against all costs, expenses and damages incurred in connection with any claim brought by a third party against Active⁺ arising from your use of this Website or the Website Services, a breach of these terms of use or a breach of any rights of another party. We may suspend or terminate your use of the Website or any Website Services at any time in the event you breach these terms of use.
12. The contents of this Website may contain links to other third party sites. These sites are not under the control of Active⁺, and Active⁺ is not responsible for the contents of any linked site or liable for any loss or damage (whether direct, indirect, consequential or special) suffered by you or any other person from accessing, using or relying on any linked site or trading with third parties. The inclusion of any link in this Website is provided as a convenience only and does not imply endorsement, recommendation or warranty by Active⁺ of the linked site or the products and services provided there or any association with its operators. Use of or reliance on the contents of these websites is at your own risk.
13. Active⁺ may prohibit links to this Website and you agree to remove or cease any link on our request. You may not frame any part of the Website material.
14. Any transaction you enter into with any advertiser or other third party appearing on this Website is solely between you and the advertiser or other third party. Active⁺ is not responsible or liable for any part of any such transaction.
15. We may change the content of the Website and these terms of use at any time without notice, and any revised terms of use located on the Website from time to time will apply to your use of the Website or any Website Services. All other information contained in this Website, including, in particular, pricing details and policy wording is also subject to change at any time, without notice.
16. For the avoidance of doubt, in the event of any conflict between the content on this Website and the terms and conditions of our policies, the terms and conditions of our policies take precedence.
17. The contents of this Website have been prepared in accordance with New Zealand law. The contents of this Website and any contracts formed with Active⁺ arising out of this Website or the Website Services are governed by New Zealand law and New Zealand courts have non-exclusive jurisdiction.
18. All dollar figures stated in this Website are in New Zealand dollars and include goods and services tax (unless otherwise stated).
19. If you have any questions, concerns or complaints in relation to this Website, the Website Services or these terms of use please contact Active⁺ by sending an email to headoffice@southerncross.co.nz.