These Terms and Conditions of Service (“Terms of Service”) govern your membership on PEOPLE LIKE US ACTIVE.co.nz and its associated mobile sites (the “PEOPLE LIKE US ACTIVE Sites” or the “Sites”) and your purchases and use of products and services available through the PEOPLE LIKE US ACTIVE Sites. The PEOPLE LIKE US ACTIVE Sites are operated by PEOPLE LIKE US ACTIVE New Zealand Ltd and/or its subsidiaries and affiliates (collectively, “PEOPLE LIKE US ACTIVE”). Your use of the PEOPLE LIKE US ACTIVE Sites and these terms are also governed by the Website Terms of Use (“Terms of Use”), which are incorporated herein by reference. www.peoplelikeusactive.co.nz/pages/terms-of-use

By establishing membership on the PEOPLE LIKE US ACTIVE Sites, or purchasing or using products or services through the PEOPLE LIKE US ACTIVE Sites, you acknowledge and agree as follows:

GENERAL

These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and PEOPLE LIKE US ACTIVE, enforceable against you in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

You shall establish and use your membership on the PEOPLE LIKE US ACTIVE Sites, and purchase and use the products and services available through the PEOPLE LIKE US ACTIVE Sites, in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and PEOPLE LIKE US ACTIVE may be recorded.

PRIVACY NOTICE

A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information by PEOPLE LIKE US ACTIVE is located at www.peoplelikeusactive.co.nz/pages/privacy-policy. You consent to any personal information we may obtain about you (either via the PEOPLE LIKE US ACTIVE Sites, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice. PEOPLE LIKE US ACTIVE may update its Privacy Notice from time to time, in its sole discretion, and post an updated version of the notice at the website address provided above.

PEOPLE LIKE US ACTIVE MEMBERSHIP

Establishing a Membership

You may establish membership on the PEOPLE LIKE US ACTIVE Sites. At a minimum, registration requires you to (1) indicate agreement to these Terms of Service, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the registration process, in PEOPLE LIKE US ACTIVE’s sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account.

Use of Membership

You shall not use your PEOPLE LIKE US ACTIVE membership for any purpose competitive to PEOPLE LIKE US ACTIVE. You will notify PEOPLE LIKE US ACTIVE immediately by emailing admin@PEOPLE LIKE US ACTIVE.co.nz of any unauthorized use of your PEOPLE LIKE US ACTIVE membership or the PEOPLE LIKE US ACTIVE Sites known to you, whether by you or a third party.

Membership Termination

You may cancel your PEOPLE LIKE US ACTIVE membership at any time by contacting PEOPLE LIKE US ACTIVE customer support as specified on the “Contact Us” page on the PEOPLE LIKE US ACTIVE Sites. PEOPLE LIKE US ACTIVE may terminate your membership and refuse any and all current or future use of the PEOPLE LIKE US ACTIVE Sites or other services, or any portion thereof, (1) in order to comply with applicable Law, (2) if you provide any information that PEOPLE LIKE US ACTIVE determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if PEOPLE LIKE US ACTIVE determines, in its sole discretion, that you are using your PEOPLE LIKE US ACTIVE membership in a manner not permitted by these Terms of Service or the Terms of Use, or (4) in other circumstances, as PEOPLE LIKE US ACTIVE deems appropriate in its sole discretion.

PURCHASES

Order Processing

PEOPLE LIKE US ACTIVE may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances PEOPLE LIKE US ACTIVE deems appropriate in its sole discretion. PEOPLE LIKE US ACTIVE also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. PEOPLE LIKE US ACTIVE will either not charge you or refund the charges for orders that we do not process or cancel.

Return Policy

PEOPLE LIKE US ACTIVE accepts returns on certain merchandise on a case-by-case basis. For full conditions of our return policy see www.peoplelikeusactive.co.nz/pages/return-policy

Product and Service Descriptions

PEOPLE LIKE US ACTIVE attempts to provide accurate descriptions of products and services on the PEOPLE LIKE US ACTIVE Sites. PEOPLE LIKE US ACTIVE does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on the PEOPLE LIKE US ACTIVE Sites is not as described, your sole remedy is to return the item, as specified in these Terms & Conditions.

Pricing Information

PEOPLE LIKE US ACTIVE strives to provide accurate pricing information regarding the products and services available on the PEOPLE LIKE US ACTIVE Sites. We cannot, however, insure against pricing errors. PEOPLE LIKE US ACTIVE reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, PEOPLE LIKE US ACTIVE will notify you by email. In addition, PEOPLE LIKE US ACTIVE reserves the right, at its sole discretion, to correct any error in the stated full retail price.

Product and Service Availability

The PEOPLE LIKE US ACTIVE Sites may contain information regarding the availability of products. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Unfortunately, PEOPLE LIKE US ACTIVE cannot guarantee that an item listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day. In rare cases, a product or service offering may be in stock when a customer places the order, and sold out by the time PEOPLE LIKE US ACTIVE attempts to process the order. Should this happen, PEOPLE LIKE US ACTIVE will notify you by email. Service offerings that are out-of-stock generally are no longer available. If PEOPLE LIKE US ACTIVE determines that a product or service you wish to purchase is no longer available, the item will be cancelled from your order. PEOPLE LIKE US ACTIVE will notify you by email and delete the item from the PEOPLE LIKE US ACTIVE Sites.

Shipping

View www.peoplelikeusactive.co.nz/pages/shipping for our policy regarding shipping and tax, which may change from time to time.

ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement of between you and PEOPLE LIKE US ACTIVE regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms of Service. In the event there is a conflict between these Terms of Service and the Terms of Use with respect to the matters herein, these Terms of Service will control.

SEVERABILITY

If any provision of these Terms of Service enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.

MODIFICATION OF TERMS OF SERVICE

You acknowledge and agree that PEOPLE LIKE US ACTIVE may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, including the terms of PEOPLE LIKE US ACTIVE membership, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. The current version of these Terms of Service is available at www.peoplelikeusactive.co.nz/pages/conditions-of-use. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.

EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS

Notwithstanding the expiration or earlier termination of your PEOPLE LIKE US ACTIVE membership, or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service.

EFFECTIVE DATE

October 6, 2017