Terms of Service

OVERVIEW

This website is operated by Bay of Islands Wing School Throughout the site, the terms “we”, “us” and “our” refer to Bay of Islands Wing School Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Wix Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of

the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information,

including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Bay of Islands Wing School ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via

the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Bay of Islands Wing School ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website

periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at bayofislandswingschool@gmail.com

Refunds (if applicable) Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds (if applicable) If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at info@ozonenewzealand.com.

Sale items (if applicable) Only regular priced items may be refunded, unfortunately discount sale items cannot be refunded.

Exchanges (if applicable) We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at Bay of Islands Wing School ltd and send your item to: Wind Designs Ltd 335C Te Hutewai Rd Raglan Waikato NZ RD23296.

Gifts If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.

Rental Agreement and Terms of Use

Last Updated On 14-Sep-2025

This Rental Agreement and Terms of Use (referred to as ‘Rental Terms’) outline the agreement between Bay of Islands Wing School and you, the renter, for all equipment rentals. By paying the deposit from invoice you confirm your acceptance and agreement to be bound by these Rental Terms. Please read them carefully. Nothing in these Rental Terms is intended to limit any rights you may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

Important: To rent equipment, you must demonstrate an intermediate proficiency level and be capable of:

· Holding your ground upwind while in displacement mode and while foiling

· Be able to control the wing to travel on both port and starboard

· Understanding the assembly and safe use of the rented equipment.

· Handling the equipment and yourself in a completely self-sufficient manner, including returning to the launch point and performing self-rescue.

· Reading and understanding weather forecasts and managing rapid changes in weather conditions and water state.

Personal Insurance:

We strongly recommend that you hold comprehensive personal insurance, including cover for accident, illness, and third-party liability, for the duration of your rental period. While ACC in New Zealand covers accidental injuries, it does not cover illness, damage you cause to third-party property, or personal liability. Bay Of Islands Wing School is not responsible for any accidents, injuries, or damage incurred by you or any third party, or to third-party property, during the rental period.

Equipment Damage Insurance:

Optional equipment damage insurance is available for an additional cost of $10-$25 per day (dependent on package). If purchased, an excess of $150 per insurance claim applies. This insurance excludes theft, loss, damage caused by neglect, careless use, and specific damages including:

· Damage from running aground (it is your responsibility to ensure appropriate water depth and absence of obstacles).

· Damage to other users’ equipment (it is your responsibility to be aware of give-way rules and wave etiquette; this insurance does not cover third parties).

· Damage from poor ground handling (it is your responsibility to ensure equipment is safe and secure).

· Damage to fin(s), foil front and/or rear wing, and foil mast and/or fuselage. Normal wear and tear is accepted at Bay Of Islands Wing School’ discretion.

Your Liability Without Equipment Damage Insurance:

It is not compulsory to purchase equipment damage insurance. However, if you choose to opt out, you will be solely liable for the full repair or replacement costs of any damage to the rented equipment, as assessed by Bay Of Islands Wing School.

Credit Card Authorisation for Damages/Loss: By accepting these Rental Terms, you authorise Bay Of Islands Wing School to charge the credit card on file for all costs incurred due to damage, loss, or theft of the equipment during your rental period (excluding normal wear and tear and damage covered by the optional equipment damage insurance you have purchased). This authorisation covers labour and parts for repairs, or the original retail price for replacement equipment and any accessories, unless you can provide evidence demonstrating fault by another party with all necessary information for reimbursement. Please refer to our Privacy Policy regarding the handling of your credit card details and other personal information.

Safety, Compliance, and Your Liability:

You acknowledge that you rent and use the equipment at your own risk. To the fullest extent permitted by New Zealand law, and without limiting your rights under the Consumer Guarantees Act 1993, Bay Of Islands Wing School will not be held liable for any injury, damage, or loss you incur while riding or using the equipment, unless caused by the negligence or reckless conduct of Bay Of Islands Wing School or its employees.

You agree to comply with all relevant New Zealand Laws, including Maritime Rules and any local bylaws (e.g., Regional Council navigation bylaws).

Important Safety Note:

Bay Of Islands Wing School rentals include life vests and life jackets. While not always legally mandatory for all recreational activities, we strongly recommend that you wear a suitable life vest or buoyancy aid at all times when on the water.

You confirm that:

You will not use the equipment while intoxicated or under the influence of drugs.
You are in good health and physical condition for the practice of this sport.
You will not use the equipment in conditions that are beyond your skill level.

Waiver and Release, Assumption of Risk:

In consideration of Bay Of Islands Wing School renting me this equipment, I specifically release and forever discharge Bay Of Islands Wing School and its affiliates, officers, agents, and employees from any and all liability or claims for injury, illness, death, or loss of or damage to property which I may suffer while renting this equipment and participating in water sports, to the fullest extent permitted by New Zealand law. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death, or damage unless caused by the negligence or reckless conduct of Bay Of Islands Wing School or its affiliates, officers, agents, or employees, or a breach of the Consumer Guarantees Act 1993.

It is my intent by this Waiver and Release Agreement to release Bay Of Islands Wing School and hold it harmless from all liability for any such property loss or damage, personal injury, or loss of life, whether caused by the negligence of Bay Of Islands Wing School or whether based upon breach of contract, breach of warranty, or any other legal theory, to the extent that such liability can be legally excluded in New Zealand. In signing this document, I fully recognise that if injury, illness, death, or damage occurs to me while I am engaged in renting this equipment or participating in water sports, I will have no right to make a claim or file a lawsuit against Bay Of Islands Wing School or its affiliates, officers, agents, or employees, except where such liability cannot be excluded by New Zealand law.

Equipment Use and Management

You agree to treat the equipment with reasonable care including:

· Always secure equipment if leaving unattended.

· Leashes are included in the rental, it is compulsory to attach a leash and wear it at all times on the water.

· You accept use of the equipment AS IS, in good condition, and accept full responsibility for care of the equipment while under your possession.

· It is forbidden to lend, sell or exchange any equipment.

· It is forbidden to take any equipment out of the country (New Zealand) without prior written agreement by Bay Of Islands Wing School.

Pick-up and Returns:

Bay Of Islands Wing School Rental Centre does not operate out of a physical shop. This means we are not tied to a specific location and an agreed pick-up and drop-off is required. The pick-up/drop-off location and time is by agreed arrangement that is

as convenient as possible. The agreed pick-up/drop-off is by an appointment only basis.

· You agree to pick-up/return the equipment to Bay Of Islands Wing School at the place, time and date indicated on the contract. A late pick-up or return may be charged at the rate of a new hire. You can request for an extension of the rental agreement before the end of the contract. If the equipment is available and the extension agreed too, you must sign a new contract (if) required by Bay Of Islands Wing School. An early return can be arranged by mutual agreement.

· You agree to return the equipment to Bay Of Islands Wing School in clean condition and having taken reasonable care to prevent damage. You will be liable for any additional charges for repair or replacement of damaged equipment beyond normal wear and tear.

· Undamaged condition means normal wear and tear is accepted but does not include equipment damage from misuse and/or crashes.

Lost Items:

We reserve the right to charge the replacement value of any item that is not returned, stolen or goes missing. We highly recommend checking your insurance cover.

Damaged Items:

· Damaged equipment will be repaired/replaced at Bay Of Islands Wing School discretion and you agree to pay regular repair rates or retail prices for equipment replaced.

· We reserve the right to charge for damages at our discretion, up to replacement value. Undamaged condition means normal wear and tear is accepted but does not include equipment damage from misuse and/or crashes.

· Equipment supplied are maintained to an as new condition. It is the responsibility of you to check the equipment at the start of the hire BEFORE setting out on the water. We recommend any excessive wear or damage not noted at the start of the hire, to take images or video and forward to Bay Of Islands Wing School as promptly as practical.

· You must inform Bay Of Islands Wing School of any damage to the equipment directly after it occurred. You must take all possible actions to avoid further damage and follow the instructions given by Bay Of Islands Wing School.

· If a piece of equipment becomes damaged or breaks, Bay Of Islands Wing School will endeavour to supply a suitable replacement equal or similar to the original equipment hired in a timely manor. This is subject to equipment availability (from Bay Of Islands Wing School and/or equipment suppliers) and your location at the time.

Minors and Guardians

Equipment may only be rented to persons 18 years of age or older. A person under 18 years of age may use the equipment only if their pare

guardian has signed the Rental Agreement and Waiver, and is present to supervise the minor’s use of the equipment. The parent or legal guardian assumes all responsibility and liability for any injury, damage, or loss incurred by the minor or caused by the minor while using the equipment.