TERMS AND CONDITIONS AGREEMENT

Ozone International Limited (hereafter referred to as Ozone) is a third-party record keeper of trade transactions among its members, who are business owners and/or sole traders who contract with Ozone to organise and facilitate trade of their goods and services with each other. The member agrees and understands that Ozone is a service organisation whose purpose is to direct members to each other for trading.

1. GOOD STANDING: A member in good standing is one who conducts trade in accordance with these Terms & Conditions, is current in any money owed to Ozone and has a valid member account. Only members in good standing are entitled to the services of Ozone.

2. TAXES: A trade is a Ozone purchase or sale of goods and/or services whereby payment is made in Ozone and posted to the Member’s account pursuant to these Terms & Conditions. Members are advised that transactions involving Ozone are treated as taxable events for tax purposes and are recognised as such with the IRD in New Zealand.

3. COURTESY: Member agrees to treat fellow trade Members with the same manner, with the same professionalism, and with the same priority which Member treats all other customers.

4. SELLING: All members must sell all their goods and/or services at the same retail price as member charges to the general public. All goods and services shall be sold with a minimum barter component of 50% unless previous written approval is arranged through Ozone.

5. IDENTIFY: A buying member should identify him/herself to the seller as a Ozone member before making a purchase.

6. VOLUNTARY: Trade transactions between Members are conducted on a voluntary basis. Any trade transaction disputes over the goods or services purchased or sold shall be between the buyer and the seller and shall be settled by those parties themselves. Ozone assumes no responsibility for the quality, timely delivery, warranty or dispute of any nature between members with regard to any products or services being traded.

7. SALES TAX: Seller shall charge the appropriate sales and excise tax and collect and record these at the time of sale. Under no circumstance will Ozone be responsible to pay or collect, any sales excise, use or other such tax on behalf of any Member. Ozone is required by law to obtain the correct taxpayer identification number of Member and to report all trade sales of Member to the IRD if requested.

8. TRANSACTIONS: Members agree that all sales sold are to be done with a minimum of 50% in Ozone Dollars.

9. ACCOUNT: Member acknowledges that any credit balance held in the name of the Member with trade dollars or cash balance shall be a non-interest bearing deposit.

10. INDEMNIFY: Member agrees to indemnify and hold harmless Ozone, it’s agents, officers, directors and employees, for any loss incurred by Ozone which is caused by an act of omission of Members including but not limited to, legal fees, court costs and litigation expenses, paid or incurred as a result of Ozone relationship with the member as well as “collections costs” and litigation expenses related to the neglect or refusal of the member to comply with the Application and/or Ozone Terms & Conditions (current or as amended or supplemented.)

11. STAND-BY STATUS: A Member may call Ozone and request that his/her account be placed on temporary “stand-by” status. A Member may not request “stand-by” when their account is in a deficit position. If a Member wishes, a deficit may be satisfied by paying to Ozone the indebtedness in cash, and then the account may be placed in “stand-by” status.

12. CANCEL MEMBERSHIP: A Member may cancel his/her membership by providing Ozone with thirty (30) days written notice & making full payment in cash for all service fees and the dues charged by Ozone. If the Member has Ozone dollars in his/her account at the time of the cancellation of membership, the Member agrees to spend those Ozone dollars for goods and services offered by other members of Ozone. If the Member has a deficit trade balance and wishes to cancel his/her membership, the Member must pay the amount of the trade deficit to Ozone in cash. Normal fees & service charges will continue to be billed until the account is paid in full. Authorised Applicant Member hereby agrees to personally guarantee any and all obligations arising pursuant to these Terms and Conditions Agreement. This Agreement shall be binding on Member’s representatives, successors, assigns and administrators.

13. STATEMENTS: Member understands that all statements will be sent out electronically to the email provided by the Member. It is the responsibility of the Member to login to www.Ozone.net.nz and keep their email up to date.

14. ADMINISTRATION: Ozone serves in a brokerage capacity organising and facilitating trades among Members. Ozone will use its best efforts to broker the Ozone dollars of the Members into goods or services, to accurately record trades, and to administer these Terms & Conditions in accordance with their terms.

15. WARRANTIES: Ozone is not responsible if a Member cannot find specific products or services to buy from the Members. Ozone is not responsible for the quality, timely delivery, warranties, or other problems which arise with the respect to goods and services traded by Members of Ozone. Ozone makes no representations or warranties, either expressed or implied, and disclaims all liability as to the fitness, quality, delivery, date, merchantability, prices, or any term of any trade transaction.

16. DILIGENCE: Members should exercise the same diligence in entering into trade transactions as they exercise in entering business transactions for cash.

17. COMMITMENTS: Ozone is responsible only for commitments made in writing by a duly authorised officer of Ozone, and not for verbal or written commitments made by account executives, trade brokers, or other representatives of Ozone.

18. TERMINATION: If a Member violates any term of the Membership agreement or Terms & Conditions now or hereafter in effect, Ozone may immediately terminate the Member’s account in accordance with these Terms & Conditions or may freeze all activity in the account without notice until such time as Ozone, in its sole discretion, reinstates the Member or decides to terminate the Member’s account. Upon termination of a Member’s account, if a member has a negative trade balance (i.e. purchases exceed sales), Member shall trade acceptable products or services to eliminate the negative balance within thirty (30) days of the termination date or after the thirty (30) day period immediately pay Ozone any remaining balance of the trade deficit in cash. Members may not assign this Agreement without the written consent of Ozone.

19. COURT: Member agrees and consents for any legal actions arising out of Member’s participation in Ozone shall be proper in a court of New Zealand and the prevailing party shall be responsible for all reasonable legal fees and court costs.

20. PROMOTION: Ozone may use, free of charge, the name, address and logo of any member in Ozone advertising and promotions, unless otherwise stipulated in writing by Ozone members. Memberships of Ozone may not be transferred or sold or assigned in any fashion without prior written approval from Ozone.

21. LATE FEES: Membership fees, monthly support & accounting fees and transaction fees are not refundable. A $25 cash late fee and a service charge will be levied for any and all returned credit card declines or pre-authorised payment declined, for any reason, by a financial institution for each said return.

22. FREEZE OR CANCEL MEMBERS ACCOUNT: Ozone may freeze an account and/or cancel this membership agreement if:

1. Ozone has received 2 or more complaints on a given member for overpricing in any form;
2. The member has committed fraud against Ozone or Ozone members