OZeTRADES Terms & Conditions

1. ACCEPTANCE OF CONDITIONS

This is a legal agreement (”Agreement”) between you, the user, together with any company or other business entity you are representing, if any (collectively, the “Customer”) and Ozetrades (”Ozetrades”).

This Agreement governs the access and use of all products and services, including but not limited to Ozetrades web sites, for which the Customer registers and which are provided by Ozetrades. IF CUSTOMER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT PURCHASE, USE OR ACCESS THE SERVICE.

The Service is offered to Customer conditional upon Customer’s acceptance without modification of this Agreement. Customer acknowledges that, from time to time, it may be necessary for Ozetrades to update or revise certain provisions of the Agreement. By signing up for any Ozetrades Service and accepting this Agreement, Customer agrees that Ozetrades may change the terms of the Agreement in its sole discretion without specific notice to Customer. If Customer does not agree to the changes proposed by Ozetrades, or to any terms in this Agreement, Customer’s sole and exclusive remedy is to cancel Customer’s Ozetrades Service (”Customer’s Account”). Notwithstanding the foregoing, Ozetrades reserves the right to cancel, suspend or refuse access to the Service to anyone in its sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Agreement.

2. GENERAL USE OF THE SERVICE

Customer shall not use the Service, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. Customer agrees that Customer will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Web site or product, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service other than for use as contemplated in any Service, including but not limited to the creation or operation of Customer created Web sites, (collectively, “Customer Site”) in accordance with this Agreement. Customer agrees that Customer will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. Customer may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. Except with the written permission of Ozetrades, Customer agrees that Customer will not access or attempt to access password protected, secure or non-public areas of the Service. If Customer attempts to access prohibited areas of the Service, Customer may be subject to prosecution.

3. CHARGES BILLING & ADVERTISEMENTS

Ozetrades reserves the right to charge fees for the Service or any portion thereof and any applicable fees will be posted on the Ozetrades Web Site. Customer hereby authorizes Ozetrades to charge Customer’s valid and current credit or debit card in advance for all applicable fees incurred by Customer in connection with Customer’s chosen Service and Customer’s Account. Customer further acknowledges that it is Customer’s responsibility to notify Ozetrades of any changes to Customer’s credit card and to update Customer’s credit card number if Customer’s credit card has expired otherwise Customer’s access to the Service may be disconnected or interrupted. All fees shall be paid in Australian dollars.

A 30 day notice period applies when cancelling the agreement. A minimum fee which includes the first invoice amount plus the 30-day notice period will apply for Ozetrades33 customers. A three-month notice period applies to the Ozetrades77 customers. A minimum of the first invoice payment plus the three-month notice period will apply. For all transactions payment is due within seven days of the date of invoice. Accounts are in default if payment is not received within seven days of date of invoice. Accounts unpaid 60 days after date of invoice may have service interrupted or terminated. Such interruption does not relieve Customer of the obligation to pay Service agreement Monthly Fees. Accounts in default are subject to an interest charge on the outstanding balance of the lesser of 1.5% per month or the maximum rate permitted by law. Customer agrees to pay Ozetrades its reasonable expenses, including legal and collection agency fees, incurred in enforcing its rights under this Agreement.

Prices are inclusive of GST. If the whole or any part of a payment is the consideration for a Taxable Supply, Ozetrades will provide to Customer a Tax Invoice at the same time as any GST amount is payable.

Ozetrades will give Customer reasonable notice before any modification to the Service that could adversely impact Customer’s Site(s).

This Section 3 shall in no way limit any other remedies available to Ozetrades. Customer also acknowledges and agrees that Customer will be billed for and will pay any outstanding balances if Customer cancels Customer’s Account or Customer’s Account is terminated due to Customer’s breach of this Agreement.

Customer must notify Ozetrades of any billing problems or discrepancies within sixty (60) days after they first appear on Customer’s credit card account statement. If Customer does not notify Ozetrades within sixty (60) days, Customer waives any right to dispute such problems or discrepancies.

4. TERMINATION / CANELLATION OF THE CUSTOMER ACCOUNT

Either Customer or Ozetrades may terminate or cancel Customer’s Account (or any part of the Service) at any time.

a. Termination by Customer. Customer may cancel your Customer Account or any part of the Service at any time. To cancel your Service, Customer must call 1300 669 830 or, in certain circumstances at Ozetrades’ sole discretion, on a case by case basis, by submitting a cancellation form. Customer will receive a cancellation confirmation via email after Ozetrades processes Customer’s cancellation request. Ozetrades reserves the right to collect fees, surcharges or costs incurred before Customer cancels Customer’s Account in addition to the applicable cancellation fee.

b. Cancellation Fees. A 30 day notice period applies when cancelling the agreement. A minimum fee which includes the first invoice amount plus the 30-day notice period will apply. A three-month notice period applies to the Ozetrades77 customers.

Customer must provide us with the following information in order for us to process the cancellation:

• The exact name of the Service that Customer would like to cancel
• Customer’s username and password
• Customer’s email address
• Customer’s billing information, including the credit card number Customer used when purchasing the Service
• Customer’s reason for cancelling the Service

c. Termination by Ozetrades. Ozetrades may terminate Customer’s Service or Customer’s Account if Ozetrades determines, in Ozetrades’ sole discretion, to discontinue offering the Service. Additionally, Ozetrades, in its sole discretion, may terminate Customer’s Site, Customer’s Account or Customer’s use of the Service for any reason, including, without limitation, (i) if Customer breaches this Agreement, (ii) if Ozetrades is unable to verify or authenticate any information that Customer provides to Ozetrades, or (iii) if Ozetrades believes that Customer has violated or acted inconsistently with the spirit of this Agreement. If Ozetrades terminates Customer’s Account pursuant to (i), (ii) or (iii) above, Customer will forfeit all credits, pre-paid fees, and any other amounts accruing to Customer, if any, and Ozetrades shall not be required to refund, redeem, or pay amounts to Customer upon such termination.

d. Effect of Termination. Upon termination of Customer’s Account for any reason, Ozetrades reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by Customer; (b) delete any Customer Content, listings, messages or other information in connection with Customer’s Account; (c) prohibit Customer’s access to Customer’s Account, including without limitation by deactivating Customer’s password; and (d) refuse Customer future access to the Service. In no event shall Ozetrades be required to refund, redeem, or pay amounts to Customer upon termination of Service or return any Customer Content.

Customer understands and agrees that the cancellation of Customer’s Account is Customer’s sole right and remedy with respect to any dispute with Ozetrades. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Ozetrades’ enforcement or application of any such term; (2) any policy or practice of Ozetrades, including Ozetrades’ Privacy Policy and Copyright Policy, or Ozetrades’ enforcement or application of these policies; (3) the content available through the Service or any change in content provided through the Service; (4) Customers’ ability to access or use the Service or Customer’s Web Site; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods or change to the fees, applicable taxes, surcharges or billing methods, if any.

5. CUSTOMER REGISTRATION / PRIVACY POLICY

In order for Customer to participate in the Service, Ozetrades will require Customer to provide specific information about Customer and/or and Customer’s business. If Customer chooses to become a customer, Customer agrees to provide true, accurate and complete information and to refrain from impersonating or falsely representing Customer’s affiliation with any person or entity.

Any information supplied by Customer upon registering for the Service and any other information about Customer and/or Customer’s business (collectively, “Customer Data”) is subject to Ozetrades’ Privacy Policy. At no time will Ozetrades divulge this information to any third party. However, Ozetrades will send Customer newsletters and e-mail messages to inform Customer of new products, promotions, features and helpful tips for Ozetrades services. Ozetrades will also use email to inform Customer of important policy changes or subscription renewal notices.

Customer shall be responsible for maintaining the confidentiality of Customer’s Account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. Customer shall be responsible for all actions by such users, including without limitation former employees and former partners, and shall indemnify Ozetrades for such actions as set forth in Section 15.

6. CUSTOMER ACCOUNT LIMITATIONS

Customer hereby acknowledges that Ozetrades may, from time to time, establish general practices and limits concerning the use of the Service, including without limitation, (a) the maximum number of days that email messages, guest book entries, discussion board postings or other content posted on the Customer Web Site will be retained by Ozetrades, (b) maximum limits on bandwidth usage that will be allotted to Customer, (c) maximum limits on storage space, (d) the maximum number of Web sites per Customer Account, (e) maximum number of photographs or other data according to the type of Customer Account and (f) maximum limits on the number of pages within each Customer Web Site. Ozetrades further reserves the right to delete at any time without prior notice duplicate images uploaded for printing. Any of the foregoing limits will be consistent with the Service (including any upgrades) for which Customer has registered. Customer agrees that Ozetrades has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. Customer further acknowledges and agrees that Ozetrades reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Ozetrades reserves the right to charge Customer for any third party fees associated with the creation of additional sites, including but not limited to domain registration fees.

7. CONTENT SUBMITTED TO OZETRADES

Ozetrades cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of any content supplied by customer or posted on customer’s website. Customer acknowledges that Customer should always use caution when posting any personally identifying information about Customer or Customer’s employees on the Service, the Customer Site, or any other user sites.