Terms 

We have displayed both our Terms of Sale and Stolen Vehicle Recovery Terms below.

1. Terms of Sale

1. Definitions:
“Accepted Order” means an Order accepted by Netstar Australia and for which an order confirmation is provided to the Customer for such Order. 
“ACL” means The Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“Confidential Information” means all information disclosed by a party for or in connection with the Permitted Purpose, including:
(a) Information that is designated or indicated as being the proprietary or confidential information of the disclosing party or its related entities.
(b) Information derived partly or wholly from the information of the disclosing party including any calculation, opinion, conclusion, summary, computer modelling or other materials:
(c) Know-how, formulae, data, specifications, drawings, trade secrets and other information which is capable of protection at law or in equity as confidential information; and
(d) Information on the particular services either party supplies to its Customers whether disclosed:
I. Orally, in writing or in electronic or machine-readable form;
II. Before, on or after the date of this agreement; or as a result of discussions between the parties concerning or arising out of the Permitted Purpose.

“Contract” means a contract of sale referred to in clause 3(e).
“Customer” means the person or entity purchasing the Products as set out in an Order.
“Netstar Australia” means Netstar Australia Pty Ltd, a private company registered and incorporated in accordance with the laws of New South Wales with registration number ABN30 091 898 547

“Order” means an order for Products placed by a Customer.
“Permitted Purpose” means the purpose(s) determined by the party disclosing the information, or such other purpose(s) as may be agreed between the parties
“Price” means the price of the Products listed on the Website from time to time, including any Recurring Fee.
“Recurring Fee” means the recurring fees payable by the Customer for Products in accordance with the payment frequency as specified in the applicable Accepted Order.

“PPSA” means the Personal Property Securities Act 2009 (Cth).
“Products” is defined as any hardware, software subscription or services provided to the Customer by Netstar Australia.

“Terms and Conditions” Terms and Conditions means these terms and conditions governing the supply of Products.
“Website” means Neststar Australia’s website located at [www.netstargpstracker.com.au].

In these Terms and Conditions, words importing the singular include the plural and vice versa, headings will be ignored in construing this agreement. If any party is comprised of more than one person, those persons’ obligations are joint and several, a reference to a party includes a reference to that party’s legal personal representatives, successors and permitted assigns, reference to a person’s include references to corporations and other bodies and entities, and references to statutes include all statutes amending, consolidating or replacing such statutes and includes any subordinated legislation issued under them.

 

2. Terms and Conditions

(a)These Terms and Conditions apply to the supply of Products ordered by a Customer via the Website.

(b) The placing of any Orders for Products constitutes the Customer’s acceptance of these Terms and Conditions.  

(c) Netstar Australia offers a wide range of goods and services, and sometimes additional terms may apply. These are posted on the Website. When a Customer purchases Products where additional terms apply, the Customer will be subject to those terms in addition to these Terms and Conditions, as applicable. 

3. Orders

(a) The Customer may place an Order for Products by completing and submitting to Netstar Australia an online order and completing the checkout procedures on the Website. All Orders are subject to item availability, and items in the Customer’s shopping cart on the Website are not reserved and may be purchased by other customers. Netstar Australia offers Products for sale that are in stock and available for dispatch.

(b) Before submitting the Order, the Customer is given the opportunity to check the content of the Order for correctness - in particular with regard to price and quantity - and to correct it if necessary. For this purpose, the Customer will be provided with the essential contents of the Order, such as Product description, minimum term if applicable, total price and shipping/additional costs in a clear and comprehensible manner immediately before submitting their Order.

(c) All Orders are subject to acceptance by Netstar Australia at its discretion. The Website and the information on it constitute an invitation to treat and not an offer by Netstar Australia to supply any Products. Your Order represents an offer from you to purchase the Products in accordance with these Terms and Conditions. Orders placed on a weekend or public holiday will not be processed until the next Business Day. Netstar Australia will not be liable to the Customer or any third party by reason of Netstar Australia withdrawing any Product from the Website (whether or not that item has been sold), removing, screening or editing any materials or content on the Website, or refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

(d) Netstar Australia will acknowledge each Order by providing the Customer with an automatically generated email confirming receipt of the Customer’s Order. This does not constitute acceptance of the Order. Netstar will accept the Customer’s Order by providing the Customer with an order confirmation. An invoice is attached to the order confirmation. Netstar Australia’s acceptance of a particular Order does not imply that Netstar Australia will accept any future Orders.

(e) Once your Order is accepted by Netstar Australia, a binding contract will come into existence between the Customer and Netstar Australia in relation to the ordered Products (Contract). The Contract will comprise the Accepted Order, these Terms and Conditions and any additional terms which apply in accordance with clause 2(c).  If there are any inconsistencies between these Terms and Conditions and another provision in the Contract, the provision in these Terms and Conditions will prevail to the extent of inconsistency.  No other terms or conditions will be binding on Netstar Australia unless Netstar Australia agrees in writing.

(f) The Contract will continue in force until the later of completion of: (i) any agreed period for the supply of Products under the relevant Contract; and (ii) the receipt by Netstar Australia of all amounts due to Netstar Australia under the Contract.

(g) The Customer may not cancel any Accepted Orders unless Nestar Australia agrees to your cancellation, in which case the Customer may be required to pay a cancellation fee.

(h) The Customers agrees that Netstar Australia may not accept an Order, or may cancel any Accepted Orders due to any of the following:
(i) the Products ordered are not, or no longer available;
(ii) Netstar Australia is not able to receive payment for the Products, or any payment was subsequently revoked; or
(iii) where a Product has been listed or advertised with an incorrect price or inaccurate information by mistake,
in which case, the Customer acknowledges and agrees that Netstar Australia is under no obligation to sell the Customer any Products. If the Customer has made a payment and submitted an Order which is cancelled or rejected by Netstar Australia, or if Netstar Australia cancels an Accepted Order, Netstar Australia will provide the Customer with a full refund for the amount paid and received by Netstar Australia for that Order or Accepted Order.

4. Pricing and payment:
(a) The price payable by the Customer for the Products in an Accepted Order will be the Price for the Products at the time the Accepted Order is submitted.
(b) All prices quoted and advertised on the Website are exclusive of Goods and Services Tax (GST)
(c) GST is added to the Prices quoted at the checkout/shopping cart.
(d) Time for payment of the Price being of the essence, the Price will be payable by the Customer by/on the date/s determined by Netstar Australia, which may be:
(i) on delivery/provision of the Products;
(ii) before delivery of the Products;
(iii) by way of instalments/progress payments in accordance with the Contract;
(iv) immediately at the time of agreement; or
(v) the date specified on any Accepted Order or other form as being the due date for payment.

(e) The Customer must make payment of the Price using the payment methods specified on the Website.

5. Delivery:
(a) Any delivery times made known to the Customer are estimates only. To the full extent permitted by the ACL and other applicable laws, Netstar Australia will not be liable for any loss, damage, or delay occasioned to the Customer or any other person arising from such late or non-delivery.
(b) The Customer acknowledges that all Products are sold delivered duty paid unless otherwise stated.

(c) Notwithstanding any other representations made by Netstar Australia concerning delivery, Netstar Australia is not liable for any loss, damage or delay of delivery occasioned to the Customer or its Customers arising from unavailability of stock, outages of servers or other information technology, delays of third-party couriers or other delivery personnel, unavailability of staff or any other factor outside of the reasonable control.
(e) Netstar Australia may deliver the Products to the Customer in any number of instalments.

6. Credit Assessment Activities:
(a) This clause shall apply if Netstar Australia wishes to obtain commercial credit information to assess the Customer’s application for consumer credit or to become a guarantor, or to obtain consumer credit information to assess the Customer’s application for the Customer’s commercial credit or to become a guarantor.
(b) For the purposes of this clause, “Individual” includes the Customer or a guarantor of the Customer’s obligations under the Contract.
(c) In accordance with applicable legislation (including, without limitation, the Privacy Act 1988 (Cth)) setting out obligations relating to privacy matters and personal information (the “Legislation”), if Netstar Australia considers it relevant to assessing the Individual’s application for commercial credit or to become a guarantor, or for the collection of overdue payments once commercial credit has been granted, the Individual hereby authorizes and consents to Netstar Australia obtaining from a credit reporting agency a credit report containing personal credit information about the Individual in relation to commercial credit provided by Netstar Australia or a business which provides information about the commercial creditworthiness of persons and information about the Individual’s commercial activities or commercial creditworthiness. If the Individual does not provide Netstar Australia with the personal information requested, Netstar Australia will be unable to assess the Individual’s application for personal or commercial credit. The types of organizations to which Netstar Australia usually discloses personal information include credit reporting agencies, government departments and authorities, insurers and underwriters, guarantors, agents, contractors, proposed assignees of Netstar Australia and other third parties associated with Netstar Australia to enable it to carry out its functions.
(d) The Individual authorizes and consents to Netstar Australia giving to a credit reporting agency certain personal information about the Individual’s credit application. Information which may be given to an agency includes; identity particulars; the fact that the Individual has applied for credit and the credit amount; the fact that Netstar Australia is a current credit provider to the Customer; details of payments which become overdue more than sixty (60) days and for which collection action has been commenced; the fact that payments are no longer overdue; details of cheques drawn by the Individual which have been dishonoured more than once; in specific circumstances, that in the opinion of Netstar Australia , the Individual has committed a serious credit infringement; the fact that credit provided to the Individual by Netstar Australia has been paid or otherwise discharged.
(e) The Individual authorizes and consents to Netstar Australia obtaining a credit report about the Individual from a credit reporting agency for the purpose of collecting overdue payments relating to commercial credit owed by the Individual.
(f) The Individual acknowledges that if the Individual would like to know more about:
(i) the information which Netstar Australia holds about the Individual;
(ii) the personal information handling practices of Netstar Australia ;
(iii) gaining access to the personal information which Netstar Australia holds about the Individual;
(iv) the handling of personal information by Netstar Australia about the Individual,
the Individual may contact Netstar Australia at Netstar Australia contact details listed on the front of this agreement.

7. Retention of Title:
(a) Notwithstanding anything to the contrary contained in a Contract, until such time as the whole of the Price and associated costs, duties and charges invoiced for the Products (Invoiced Cost) has been received in clear funds by Netstar Australia:
(i) full legal and equitable title in the Products (not including services) and ownership of the Products will be retained by Netstar Australia;
(ii) the Customer must hold the Products as fiduciary Bailee and agent for the Netstar Australia; and
(iii) the Customer must not sell or otherwise dispose of the Products (except to the extent permitted under the Contract).
(b) Until such time as the Invoiced Cost has been paid in full, in addition to its rights under the PPSA, Netstar Australia may enter the Customer’s premises (or the premises of any associated person where the Products are located) without liability for trespass or any resulting damage and retake possession of the Products. Netstar Australia may resell any Products that have been repossessed.
(c) If the Products are resold by the Customer, the Customer must hold such part of the proceeds of sale as represents the Invoiced Cost in a separate identifiable account as Netstar Australia beneficial property and pay such amount to Netstar Australia on request.
(d) Despite clauses 7(a) to 7(c) above, Netstar Australia will be entitled to maintain an action against the Customer for the Invoiced Cost.
(e) The Customer must provide Netstar Australia with any financial or other information relating to the financial condition, business, assets and affairs of the Customer as and when reasonably requested by Netstar Australia for the purposes of enabling Netstar Australia to determine whether the Netstar Australia’s right to receive moneys from the Customer under these Terms and Conditions is prejudiced for any reason.
(f) Risk in the Products shall pass to the Customer on delivery.
(g) The Customer acknowledges that all intellectual property rights arising out of the Products (including any intellectual property rights in any software written by or on behalf of Netstar Australia and any discoveries, inventions, patents or designs) are and will remain the property of Netstar Australia. The Customer agrees to do all things necessary, at the request of Netstar Australia, to effect an unconditional and irrevocable assignment of any intellectual property rights referred to in this clause.
(h) Any software provided under a Contract or these Terms and Conditions will be licensed to the Customer on the terms of the relevant license agreement provided therewith or as otherwise agreed between Netstar Australia and the Customer in writing.

8. GST and Taxes:
Unless otherwise specified, all prices quoted are exclusive of product and services tax (“GST”) and other taxes. Except to the extent that any GST or other taxes have already been specifically included in the price, the Customer must pay the amount of any applicable GST or other taxes at the time of payment for the Products.

9. Warranties and Limitation of Liability
(a) Where the system operation is dependent on third party telecommunications infrastructure, landline, or radio communications service, to the full extent permitted by the ACL and other applicable laws, Netstar Australia will not be responsible for system or product performance due to the unavailability of these telecommunications services. Similarly, to the full extent permitted by the ACL and other applicable laws, Netstar Australia will not be responsible for the reliable operation of any equipment based on any form of radio technology where that equipment is operated in a fringe radio coverage area where the reliability and integrity of the radio signals may be unacceptable to Netstar Australia.
(b) To the full extent permitted by the ACL and other applicable laws, any system or software performance is not warranted against failure, interruption, unavailability, or incorrect operation caused by computer malfunction or insufficient hard disk capacity when the Customer supplies the computer hardware.
(c) Where the Products include software, to the full extent permitted by the ACL and other applicable laws, Netstar Australia does not warrant that:
(i) The software will run error-free, will run uninterruptedly or will meet the Customer’s data processing requirements;
(ii) The software will not contain any virus or other harmful code or device; or
(iii) Installation or attempted installation of the software will not cause corruption to other programs or files stored on computer hardware or to any network.
(d) To the full extent permitted by the ACL and other applicable laws Netstar Australia excludes all express and implied terms, warranties, conditions and guarantees (other than the ones set out in these Terms and Conditions).
(e) Netstar Australia’s liability under or in relation to these Terms and Conditions or the supply of the Products, is limited, at the option of Netstar Australia, to:
(i) In the case of Products, to one or more of the following (as Netstar Australia determines),the repair of the equipment, the replacement of the equipment or the supply of equivalent equipment, or paying the cost of replacing the equipment or of acquiring equivalent equipment, or paying the cost of having the equipment repaired; or
(ii) In the case of services, to one or more of the following (as Netstar Australia determines), the supplying of those services again or paying the cost of having the services supplied again.
(f) For the avoidance of doubt, nothing in this clause 9 is intended to exclude, restrict or modify any rights or remedies which the Customer may have under the ACL or any other applicable law which cannot be excluded, restricted or modified.
(g) To the full extent permitted by the ACL and other applicable laws, Netstar Australia is not liable in contract, tort including negligence), in equity, by operation of statute (to the extent liability may be excluded by law) or otherwise for any kind of indirect or consequential loss or damage, loss of opportunity, loss of revenue, loss of profit or anticipated profit, loss of contracts, loss of goodwill or loss arising from business interruption arising out of or in connection with this agreement incurred or suffered by the Customer or any other person.

10. Termination:
(a) Netstar Australia may terminate a Contract with immediate effect by giving notice to the Customer if:
(i) the Customer breaches any payment obligation under  the Contract capable of remedy and fails to remedy the breach within 7 days after receiving notice from Netstar Australia requiring the Customer to do so;
(ii) the Customer breaches any other material term of the Contract capable of remedy and fails to remedy the breach within 30 days after receiving notice requiring it to do so;
(iii) the Customer enters into, or any steps are taken to have the other party enter into, liquidation, provisional liquidation, receivership, receivership and management, administration, bankruptcy or any arrangement, reconstruction or composition with that other party’s creditors or any of them, or a controller is appointed with respect to any of the Customer’s assets, the Customer becomes unable to pay its debts to any person as they become due or the Customer otherwise becomes insolvent.
(b) The Customer will notify Netstar Australia immediately if:
(i) the Customer disposes of the whole or any part of its assets, operations or business other than in the normal course of business (other than a voluntary liquidation for the purpose of amalgamation or reconstruction if the new company assumes all of the Company’s obligations under the Contract);
(ii) Any step is taken to enter into any arrangement between the Customer and its creditors.
(iii) The Customer ceases to be able to pay its debts as they become due.
(iv) The Customer ceases to carry on business or any step is taken by a mortgagee to enter into possession or dispose of the whole or any part of the Customer’s assets or business.
(v) Any step is taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a liquidator, a provisional liquidator, an administrator or other like person of the whole or any party of the Customer’s assets or business; or any step is taken against it by any government, government body or regulator for any unlawful reduction in its assets or the funds under its control.
(c) Promptly after termination:

(i) The Customer will pay Netstar Australia for all Products supplied to the Customer up to and on termination.
(ii) If a Contract is terminated prior to the end of the Contract Term, the Customer will pay Netstar Australia the total aggregate amount of any Recurring Fee(s) multiplied by the number of months remaining in the then-current Contract Term, plus applicable taxes.
(iii) Each party will return to the other party all Confidential Information of that other party in material form (including without limitation, those parts of all notes and other records of the first party containing Confidential Information of the other party) in its possession or control.
(e) After termination of this agreement a party will not use, disclose, record, sell or otherwise transfer any Confidential Information of the other party.
(f) Termination of this agreement is without prejudice to any remedies available to the party terminating and any rights or obligations of the parties that accrued prior to the time of termination (except as otherwise provided under this agreement).

12.Personal Property Securities Act:
(a) The Customer must, at its cost, do or cause to be done anything (such as obtaining consents, completing, signing and producing documents and supplying information) which Netstar Australia requests and considers necessary or desirable for the purposes of:
(i) Ensuring that each security interest provided by these Terms and Conditions is enforceable, attached, perfected, protected and otherwise effective;
(ii)Enabling Netstar Australia to apply for any registration, or give any notification, in connection with each such security interest so that that security interest has the priority required by Netstar Australia Pty Ltd; and
(iii)Enabling Netstar Australia to exercise rights in connection with each such security interest.
(b) The Customer acknowledges and agrees that Netstar Australia may register one or more financing statements in relation to any security interest provided for by these Terms and Conditions. If permitted by the PPSA, the Customer waives its right to receive notice of any verification statement relating to the registration of any such financing statement or any related financing change statement:
(c) To the extent that Chapter 4 of the PPSA would otherwise apply, the Customer and Netstar Australia agrees that the following provisions of the PPSA do not apply:
(i)To the extent that section 115(1) of the PPSA allows them to be excluded: sections 95, 118, 121(4), 125, 129(2) and (3), 130, 132(3)(d), 132(4), 135, 138B(4), 142 and 143; and
(ii)In addition, to the extent that section 115(7) of the PPSA allows them to be excluded: sections 127, 129(2) and (3), 132, 134(2), 135, 136(3), 136(4), 136(5) and 137. 3. The Customer agrees that at any time after any security interest provided for by these Terms and Conditions has become enforceable, Netstar Australia may delay disposing of, or taking action to retain, the whole or part of the relevant property to the extent permitted by law.
(d) Unless agreed to by Netstar Australia in writing, the Customer acknowledges and agrees that Netstar Australia has not agreed to subordinate any security interest provided for by this agreement in favour of any third party.
(e) Subject to section 275(7) of the PPSA, neither the Customer nor Netstar Australia may disclose information of the kind referred to in section 275(1) of the PPSA, nor is Netstar Australia not required to respond to a request for information made in accordance with section 275(1) of the PPSA, unless otherwise agreed in writing.
(f) For the purposes of this agreement, terms defined in the PPSA have the same meaning in this agreement

13. General:

(a) To the full extent permitted by law, Netstar Australia will not be liable for any delay or failure to perform its obligations under these Terms and Conditions to the extent that such delay or failure is due to any cause beyond the reasonable control of Netstar Australia Pty Ltd.
(b) This Contract supersedes and replaces any arrangements, representations, understanding or agreements made or existing between Netstar Australia and the Customer in relation to the subject matter of that agreement and shall (except as otherwise may be agreed in writing) constitute the entire agreement relating to the supply of Products by Netstar Australia to the Customer.
(d) This contract will be construed in accordance with the laws of New South Wales, Australia.
(e) The Customer must not assign or otherwise transfer or attempt to assign any right or obligation under this agreement without Netstar Australia Pty Ltd’ prior written consent.
(f) Netstar Australia reserves the right to vary this contract at any time. It is the Customer’s responsibility to check the printed terms and conditions accompanying or included with any quote, invoice or order confirmation.
(g) This contract binds the parties and their respective legal personal representatives, successors, and permitted assign.

 

14. Returns, refunds and exchanges.
(a) Netstar Australia will not refund for change of mind.

(b) If the Customer receives a Product which it considers to be faulty or defective, the Customer must return such Product to Netstar Australia within 14 days of purchase. Netstar Australia will inspect the Product and if Netstar Australia agrees that the Product is faulty and unlikely to have occurred through misuse, Netstar Australia will, with the Customer’s agreement, repair or replace the Product with an identical Product.

(c) Notwithstanding clause 14(b) above, in the event that the vehicle tracking unit malfunctions or is defective in the first 12 months from original invoice date, through no fault of the Customer, Netstar Australia will repair or replace the unit at no additional charge at a time and place mutually convenient to the Customer and Netstar Australia or its agents.

(d) If Netstar Australia is unable to provide an identical product, Netstar Australia will recommend available alternatives or alternatively provide the Customer with a credit or refund at Netstar Australia’s election.

 

2. Stolen Vehicle Recovery Terms of Agreement 

 

1    TERMS
1.1    The Subscriber requires certain Netstar Units and Netstar Services from Netstar and Netstar has agreed to provide the Netstar Units and Netstar Services to the Subscriber.
1.2    This Contract sets out the terms which will apply to the Netstar Units and Netstar Services provided by Netstar to the Subscriber.

2    DEFINITIONS AND INTERPRETATION
2.1    The words and phrases stated below will be used throughout the Contract. When reading the Contract, the word or phrase must be given the meaning set out next to it.
2.1.1    “ACL” means The Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
2.1.2    “Application Schedule” (Paper or Electronic) means the form which sets out the identity of the Subscriber, details of the Netstar Service which will be provided by Netstar, the identity of the Vehicle for which the Netstar Service will be provided and the fees payable for the Netstar Service;
2.1.3    “Business Day” means Monday to Friday, excluding weekends, being Saturday and Sunday and excluding a public holiday as declared under the laws of Australia;
2.1.4    “Contract” means this agreement, the Application Schedule, the Netstar User Manual, and related literature and documents and where applicable, any addendum or agreed variation to this agreement;
2.1.5    “Data Subject” means the individual or juristic person to whom the Personal Information relates;
2.1.6    “De-identified Data” means Personal Information and Vehicle Data that has been anonymised such that the identity of the Subscriber or any other person is not or no longer identifiable;
 
2.1.7    “Effective Date” means the date when the
Netstar Unit is installed into the Vehicle;
2.1.8    “Emergency Contact” means the person/s nominated by the Subscriber to be contacted in the event of an emergency or if Netstar is not able to make contact with the Subscriber in relation to the Contract, whose details are set out under the Application Schedule;
2.1.9    “GSM Network” means the Global Systems for Mobile Communications Network, which is a wireless communications network over which the Netstar Service is provided by Netstar, where applicable;
2.1.10    “GST” means goods and services tax as levied from time to time in accordance with A New Tax System (Goods and Services Tax) Act 1999 (Cth);
2.1.11    “Initial Period” means the period of the Contract, as stated under the Application Schedule;
2.1.12    “Netstar” or “Netstar Australia” means Netstar Australia Pty Ltd, an Australian Company bearing registration number ACN 091 898 547 and ABN 30 091 898 547, with its registered office at 2nd Floor, 22 Giffnock Avenue Macquarie Park, NSW, 2113, and includes its employees, agents, sub- contractors, and contractors and where applicable its business partners;
2.1.13    “Netstar Control Centre” means the Netstar centre where signals from the Netstar Unit can be monitored and acted upon by Netstar;
2.1.14    “Netstar Fitment Centre” means an independent entity that has been authorised and approved by Netstar to install the Netstar Unit on Netstar’s behalf into the Vehicle in terms of the Application Schedule;
2.1.15    “Netstar Privacy Policy” means the document/s which states the manner in which Netstar collects and uses the Subscriber’s Personal Information, with whom Netstar shares it, and the Subscriber’s rights in relation to its Personal Information, which can be
 
viewed at https://www.altron.com/privacy- policy/;
2.1.16    “Netstar Service” means the Netstar Unit and various services provided by Netstar in terms of the Contract, which includes the response, tracking and an attempt to recover any reported or suspected stolen or hijacked Vehicle;
2.1.17    “Network Service Provider” means the service
provider that provides the GSM Network;
2.1.18    “Netstar Unit” means the Netstar tracking device, and SIM card (if any) installed in the Vehicle used to provide the Netstar Service and which is sold or rented to the Subscriber under this Contract;
2.1.19    “Netstar User Manual” means the user guide, training materials and related documents provided to the Subscriber, which states how the Netstar Service operates;
2.1.20    “Parties” means both the Subscriber and Netstar collectively and “Party” means either the Subscriber or Netstar;
2.1.21    "Personal Information" means information or an opinion about an identified individual or an individual who is reasonably identifiable as defined in Section 6 of the Privacy Act;
2.1.21.1    “PPSR” means the Personal Property Securities Act 2009 (Cth);
2.1.22    "Privacy Act" means the Privacy Act Number 119 of 1988 as amended from time to time;
2.1.23    "Processing" or "Process" or “Processed” includes any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including:
2.1.23.1    the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, or use;
2.1.23.2    dissemination by means of transmission, distribution or making available in any other form; or
2.1.23.3    merging, linking, as well as restriction, degradation, erasure, or destruction of Personal Information,
2.1.24    “Subscriber” means the Party to whom this Contract applies, whose details are more specifically set out in the Application Schedule;
2.1.25    “Territory” means the Australian States and Territories stated in the Netstar User Manual where the Netstar Service is available;
2.1.26    “Vehicle” means the vehicle stated in the Application Schedule or any addendum for which the Netstar Service will be provided;
2.1.27    “Vehicle Data” means information which is Processed during the course of providing the Netstar Service to the Subscriber, or information which is Processed as a result of the Subscriber using the Netstar Service or information which is Processed through the use, operation and functioning of the Netstar Unit or the Vehicle, including the information referred to in clause 11.11; and
2.1.28    “Voice-logged Contract” means, where applicable, an oral contract concluded telephonically by the Subscriber with Netstar for the Netstar Service to which the terms and conditions of this Contract apply.
2.2    The provisions of this Contract will take precedence over any conflicting provision found under the Netstar User Manual, Application Schedule or any other applicable document which may be provided to the Subscriber from time to time.
2.3    Words referring to the single form will include the plural form and words referring to one gender will include the other gender.

3    AGREEMENT TO PROVIDE THE NETSTAR SERVICE
3.1    The Subscriber has agreed to contract with Netstar for the Netstar Service and Netstar has agreed to provide the Netstar Service to the
Subscriber on the terms set out in this Contract.
3.2    Where the Subscriber has entered into a Voice- logged Contract or has accepted the Contract via electronic acceptance the Subscriber agrees that the terms of this Contract will apply in all respects to the Netstar Service.

4    DURATION OF THE CONTRACT
4.1    The duration of the Contract will be for the Initial Period, commencing on the Effective Date, unless terminated earlier by either of the Parties, as permitted in terms of this Contract.
4.2    On expiry of the Initial Period, and provided that the Subscriber has not confirmed that the Contract will terminate on the expiration of the Initial Period, the Contract will continue on a month to month basis, and either Party will have the right to terminate the Contract on 1 (one) calendar months written notice to the other.
4.3    Where the Netstar Unit is purchased by the Subscriber, there will be no Initial Period applicable and either Party will have the right to terminate the Contract at any time upon 20 (twenty) Business Days written notice to the other.

5    SUBSTITUTE VEHICLES AND ADDITIONAL VEHICLES
5.1    The Subscriber may at any time add on a vehicle or substitute another vehicle for the Vehicle in respect of which the Netstar Service is being provided, in the manner directed by Netstar.
5.2    Where a Vehicle has been added or substituted for another Vehicle, the Subscriber will be liable to Netstar for any additional fees relating to the Netstar Service, including the costs of removal and or installation of the Netstar Unit as the case may be and, subject to Netstar advising the Subscriber in advance of the additional fees that will be incurred by the Subscriber, the Subscriber authorises Netstar to increase the amount of any debit order stated under the Application Schedule accordingly, which increase will be effective from the date of installation of the Netstar Unit in the new or substituted Vehicle.
5.3    The terms set out in this Contract will apply in all respects to the Netstar Service in respect of any new or substituted Vehicle.
 
6    THE NETSTAR SERVICE, NETSTAR UNIT AND WARRANTIES
6.1    Netstar will provide the Subscriber with the Netstar Service for the duration of the Contract, provided that the Subscriber complies with its obligations under the Contract.
6.2    On signing or acceptance of the Contract, the Subscriber will present the Vehicle for the installation of the Netstar Unit at a Netstar Fitment Centre or alternatively at such place as pre-arranged with Netstar.
6.3    Netstar will only be obliged to provide the Netstar Service if the Netstar Unit has been installed in the Vehicle by a Netstar Fitment Centre or by Netstar or it has been properly installed in accordance with Netstar’s self- installation procedures.
6.4    Although the Contract will commence on the Effective Date, the Subscriber accepts that the Netstar Service cannot be provided by Netstar or used by the Subscriber unless the Netstar Unit is properly installed in the Vehicle, is programmed, enabled, and is functioning according to
Netstar’s specification.
6.5    If the Netstar Unit is purchased from Netstar, ownership and risk of any loss or damage, in the Netstar Unit will pass to the Subscriber on the date when the Netstar Unit is installed into the Vehicle and the Subscriber has custody or possession of the Vehicle.
6.6    If the Netstar Unit is rented from Netstar, ownership in the Netstar Unit will stay with Netstar but the risk of loss or damage in the Netstar Unit will pass to the Subscriber on the Effective Date.
6.7    Where the Netstar Service is provided over the GSM Network, the Subscriber will as soon as possible but within 48 (forty-eight) hours notify Netstar and the police, of any loss, damage, or theft of the SIM card.
6.8    Netstar warrants that the Netstar Unit will be free of defects in workmanship, design, and materials for the full duration of the Initial Period and where the Netstar Unit is purchased for cash by the Subscriber the Netstar Unit will carry a 12 (twelve) month warranty from the
Effective Date.
 
6.9    The Subscriber agrees not to alter or modify the Netstar Unit under any circumstances. If the Netstar Unit is tampered with, altered, modified, misused, or is damaged as a result of a collision, water ingress or any other cause beyond
Netstar’s control then the warranty set out under clause 6.8 will not apply and Netstar will not have any obligation to repair or replace the Netstar Unit free of charge, or refund the cost of the Netstar Unit, or provide the Netstar Service.
6.10    Any maintenance or repairs which are required in terms of the Netstar warranty will be carried out by a Netstar Fitment Centre at no cost to the Subscriber.
6.11    The Subscriber must ensure that the Netstar Unit is working properly at all times and is free from any malfunction by testing the Netstar Unit as stated in clause 6.12 and in the Netstar User Manual.
6.12    The Subscriber must have the Netstar Unit tested, at least once every 6 (six) months, and, as soon as practicable if the Vehicle has been involved in an accident, has undergone repairs or a mechanical service or panel beating. Testing must be done by prior arrangement with Netstar or via any of the Netstar testing platforms as directed by Netstar from time to time and is at no cost to the Subscriber.
6.13    Netstar may be unable to provide the Netstar Service where the Netstar Unit is not functioning properly including in situations where the Subscriber has failed to have the Netstar Unit tested as per its obligation under clause 6.11 or
6.12 or has not made any attempt to have the Netstar Unit repaired by a Netstar Fitment Centre.
6.14    The Subscriber will notify the Netstar Control Centre immediately should the Netstar Unit be accidentally activated by the Subscriber. The Subscriber accepts responsibility for all consequences of any accidental activation of the Netstar Unit, which may include a response by the police or response teams and a subsequent wrongful arrest of the Subscriber or any third party.
 
6.15    The Subscriber agrees to use the Netstar Unit and the Netstar Service in accordance with the Netstar User Manual and other literature provided by Netstar from time to time and in accordance with all applicable laws.
6.16    Unless otherwise agreed between the parties and subject to the Subscriber making all payment required in accordance with this Contract, the Netstar Service will be provided in the Territory. Netstar is not obliged to render the Netstar Service outside the Territory.
6.17    It is acknowledged that Netstar may at any time change the Network Service Provider or use facilities other than the GSM Network to provide the Netstar Service provided that Netstar’s obligations to the Subscriber, as provided under this Contract, will not be affected.
6.18    Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
•    To cancel your Contract with us, and
•    To a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods.
If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

7    NETSTAR SERVICE FEES
7.1    The fees for the Netstar Services will include the following:
7.1.1    where the Netstar Unit is purchased by the Subscriber, the once off purchase price for the Netstar Unit;
 
7.1.2    where the Netstar Unit is rented by the Subscriber, the monthly rental fee in respect of the Netstar Unit;
7.1.3    an installation fee for installing the Netstar Unit in the Vehicle;
7.1.4    the monthly service fee for the Netstar Service;
7.1.5    where a Vehicle has been added on or substituted for the existing Vehicle, a fee for installation or removal of the Netstar Unit as the case may be.
7.2    Where the Effective Date does not fall on the first day of the month, the Subscriber will pay a pro-rata amount for the Netstar Service in respect of that month, calculated on a daily basis from the Effective Date and the Subscriber will not be billed for the period prior to the Effective Date.
7.3    Notwithstanding anything to the contrary in this clause, the monthly service fees stated in clause
7.1 and the monthly rental fees if applicable, for the first 2 (two) months of the Contract (pro rata where applicable) will be paid on the Effective Date.
7.4    Where the Netstar Service is provided over the GSM Network, the Subscriber will pay an additional fee in accordance with the tariff package set out under the Application Schedule as well as the costs of SMS messages, voice calls, data messages, and any other agreed expenses.
7.5    The fees will be set out in a monthly tax invoice which will be provided to the Subscriber on a monthly basis.
7.6    Unless otherwise specified and if applicable, all prices quoted are exclusive of GST and other taxes. Except to the extent that any GST or other taxes have already been specifically included in the price, the Subscriber must pay the amount of any applicable GST or other taxes at the time of payment for the Netstar Service.
7.7    All fees will be paid by way of direct debit in favour of Netstar free of bank charges or in any other manner agreed between the parties, monthly in advance.
7.8    Should any direct debit be returned unpaid or dishonoured for any reason, the Subscriber authorises Netstar to submit one additional debit request and thereafter Netstar will notify
 
the Subscriber of the failure of the direct debit and provide details of the full outstanding balance including any arrear amounts.
7.9    Netstar will have the right to increase the Netstar Service fee and charges on an annual basis, after the Initial Period provided that such increase is reasonable and that it provides the Subscriber with at least 2 (two) month’s prior written notice of such increase in which event the Subscriber will be entitled to cancel this Contract as permitted in terms of clause 8.
7.10    Where the Netstar Unit is not functioning properly for any reason, the Subscriber must immediately inform Netstar and make the necessary arrangements with Netstar for the Netstar Unit to be assessed and/or repaired by a Netstar Fitment Centre.
7.11    If the Subscriber fails to pay to Netstar any amount owing in terms of this Contract, Netstar will send a written notice to the Subscriber and will give the Subscriber 20 (twenty) Business Days to make payment of all outstanding amounts. Should Netstar not receive payment as requested in the notice, Netstar will have the right to suspend and/or terminate the Contract and hand the outstanding account to a lawyer or debt collector for recovery.

8    RIGHT TO TERMINATE PRIOR TO EXPIRY OF THE INITIAL PERIOD
8.1    The Subscriber may elect to cancel the Contract at any time for any reason including where the Vehicle is sold or written off in an accident subject to clause 8.2.
8.2    Where the Subscriber elects to cancel the Contract, the Subscriber may do so upon 20 (twenty) Business Days written notice to Netstar and where such notice has been provided by the Subscriber prior to the expiry of the Initial Period, the Subscriber must pay a reasonable cancellation fee, if applicable, together with any other amounts due and payable in terms of this Contract to Netstar.

9    INFORMATION AND NOTICES
9.1    The Subscriber confirms that all information which it has provided to Netstar under the Contract is true and accurate and can be relied
on by Netstar.
9.2    In the event of an emergency or in the event that the Subscriber cannot be reached, the Subscriber agrees that it or its Emergency Contact may be contacted.
9.3    If there is any change to the information set out under the Contract, the Subscriber will notify Netstar immediately in writing of the change.
9.4    Where Netstar is required to notify the Subscriber or its Emergency Contact of any fact, notice and document relating to or in connection with this Contract, Netstar will communicate such message or notice using any form of electronic communication, including communication sent by SMS, email, or phone as Netstar deems reasonably appropriate and the Subscriber agrees that communication can be given in such a manner.
9.5    Where legal notice is to be served, in terms of the Contract on the Subscriber, the Subscriber nominates its address for service of all legal notices and documents in connection with this Contract at its physical address as set forth in the Application Schedule.
9.6    Where legal notice is to be served, in terms of the Contract on Netstar, Netstar nominates its respective address for service of all legal notices and documents in connection with this Contract at the following physical addresses: Level 1 Unit 49, 2 Slough Ave, Silverwater, Sydney, 2128.
9.7    Either Party may change its address, by written notice to the other Party provided that any new address selected by it will be a physical address, and such changes will only be effective upon receipt of notice in writing by the other Party.
9.8    The Subscriber acknowledges that Netstar is obligated to ascertain the Subscriber’s credit worthiness. The Subscriber expressly gives Netstar permission to:
9.8.1    access from any duly registered credit bureau, the Subscriber’s personal information concerning financial risk and payment habits (“payment profile”) to process the Subscriber’s Application for the Netstar Service; and
9.8.2    share or disclose information about the Subscriber’s payment profile to credit bureau.
9.9    Where the Subscriber has authorised a third party which is also a business partner of Netstar such as the Subscriber’s insurance company, emergency response company or any other third party to receive Vehicle Data from Netstar, then to the extent of such authorisation, the Subscriber expressly consents to Netstar providing the vehicle data to such party.
9.10    The Subscriber represents and undertakes in relation to any data subject, including but not limited to any of the Subscriber’s designated drivers or emergency contact persons, that the Subscriber has complied with, and will continue to comply with, any and all relevant data protection laws such as the Privacy Act. The Subscriber understands that such compliance will include but not be limited to obtaining consent to the extent necessary, in the event that the Subscriber shares Personal Information that the Subscriber holds in respect of such data subject with Netstar for the purposes of this Contract.
9.11    Where the Netstar Service is provided over the GSM Network, the Subscriber acknowledges that it is under a duty to provide Netstar with certain mandatory information and undertakes to cooperate with Netstar prior to the activation of the Netstar Service, in respect of the provision of all the required documentation and information.

10    EXCLUSION OF LIABILITY
10.1    The Subscriber accepts that the Netstar Service is intended to reduce the risk of loss if the Subscriber’s Vehicle is stolen or hijacked, but that recovery of the Vehicle is not guaranteed.
10.2    Notwithstanding any other clause of this Contract and subject to the ACL and other applicable laws, neither Party will be liable to the other for any kind of indirect, special, or consequential loss, or loss of profit.

11    DATA PROTECTION AND PRIVACY
11.1    In order for Netstar to provide the Netstar Service the Subscriber understands and agrees that Netstar requires information including but not limited to Personal Information to enable Netstar to fulfil its obligations in terms of this Contract. The Subscriber undertakes to provide such information to Netstar as and when required in relation to the Netstar Services.
 11.2    Netstar will collect the following categories of Personal Information from the Subscriber:
11.2.1    name and surname;
11.2.2    contact number;
11.2.3    email address;
11.2.4    physical address;
11.2.5    postal address;
11.2.6    identity number;
11.2.7    banking details;
11.2.8    vehicle registration number;
11.2.9    make and model of vehicle;
11.2.10    location information; and
11.2.11    Vehicle Data.
11.3    Netstar will collect Personal Information directly from the Subscriber and third parties, such as, including but not limited to, brokers, insurance companies, credit bureaus, dealerships, and business partners.
11.4    Netstar will exercise all reasonable measures to Process the Subscriber’s Personal Information in terms of the Netstar Privacy Policy, the Privacy Act and the provisions of this clause.
11.5    By entering into this Contract, the Subscriber confirms, acknowledges and agrees, with express consent, that Netstar may collect Process and or store the Personal Information contained in the Contract, or any transaction under it, or any entry, account or other information held by Netstar in relation to this Contract (which may include the Subscriber’s Personal Information and/or Personal Information of the Subscriber’s Emergency Contact as well as De-identified Data) for the purposes of:
11.5.1    sharing certain of the Subscriber’s Personal Information (and non-personal information such as make and model of the Vehicle, frequently travelled areas, traffic information, theft, and hi-jacking statistics) including Vehicle Data with Netstar’s business partners, service providers and or sub-contractors for purposes of providing the Netstar Services to the Subscriber;
11.5.2    concluding, implementing, and monitoring the operation of this Contract;
11.5.3    effecting the deduction and payment of amounts due to Netstar and all ancillary
actions related to such deductions and payment from banks which include contacting the Emergency Contact in the event that the Subscriber’s account is in arrears and the Subscriber cannot be reached;
11.5.4    to banks for purposes of effecting the deduction and payment of amounts due to Netstar and all ancillary actions related to such deduction and payment;
11.5.5    assessing financial risks;
11.5.6    fraud prevention and preventing and detecting crime;
11.5.7    providing the Subscriber, any combination of services, analysis, advice, or intermediary service linked to the Contract or the Subscriber’s relationship with Netstar as a client;
11.5.8    SMS and other electronic forms of direct marketing for Netstar products and services as well as products and services of third parties affiliated with Netstar (unless the Subscriber has requested not to receive such information or unsubscribes/opts-out of such communication);
11.5.9    carrying out statistical and other analyses to identify potential markets and trends;
11.5.10    developing new products and services and enhancing and developing Netstar’s existing products and services;
11.5.11    training of Netstar employees;
11.5.12    inclusion in data lists which may be used by third parties to improve and enhance
Netstar’s products and service and offerings
to the Subscriber;
11.5.13    assessing the Subscriber’s insurance needs;
11.5.14    referring it to a credit reference agency or credit bureau (which may make records of searches and enquiries which may be used by others for lending, credit or purchasing decisions about the Subscriber or any individual).
11.5.15    any person, subsidiary, holding company or associated company or other company who is engaged in Netstar’s business or who is acting on Netstar’s behalf; and
11.5.16    disclosing of Personal Information required or permitted by Law.
11.6    The Subscriber hereby expressly consents to Netstar:
11.6.1    disclosing its Personal Information, to any person, subsidiary, holding company or associated company or other company who is engaged in Netstar’s business or who is acting on Netstar’s behalf for the above purposes;
11.6.2    disclosing the Subscriber Personal Information to any person who provides services to Netstar or acts as Netstar’s agent or to whom Netstar has transferred or propose to transfer any of Netstar’s rights and duties in respect of this contact, locally and outside of Australia, as necessary. Netstar requests persons who provide services to Netstar to agree to the Netstar privacy policies if they need access to any Personal Information to carry out their services.
11.7    The Subscriber acknowledges that:
11.7.1    Netstar will at all times remain responsible for determining the purpose of and means for processing the Subscriber’s Personal Information in terms of and subject to this clause 11;
11.7.2    Netstar is required by various laws, to collect and disclose some of the Subscriber’s Personal Information.
11.7.3    without this Personal Information Netstar will be unable to conclude and operate this contract; and
11.7.4    the Subscriber is providing Netstar with its Personal Information voluntarily.
11.8    The Subscriber expressly consents thereto that Netstar may transfer the details of this Contract, to computer system operators in countries outside of Australia, which have data protection laws equivalent or greater than those in Australia.
11.9    The Subscriber consents to and acknowledges that Netstar may monitor and/or record telephone calls with the Subscriber for quality, security, and training purposes..
11.10    The Subscriber acknowledges and agrees that Netstar will Process Vehicle Data for the purpose of providing the Netstar Services. The Vehicle Data may include, without limitation, information relating to:
11.10.1    the Vehicle and the details of the driver of the Vehicle;
11.10.2    the location of the Vehicle at any given time;
11.10.3    the manner in which the Vehicle is used;
11.10.4    the driving patterns and driving behaviour of the driver of the Vehicle; and
11.10.5    information derived from the Netstar Unit in the Vehicle.
11.11    Netstar will use reasonable endeavours to ensure that the Subscriber’s Personal Information as provided is accurate, however, it is also the Subscriber’s responsibility to ensure that the information provided is accurate. The Subscriber undertakes to immediately advise Netstar of any changes to the Subscriber’s
Personal Information should any of these details change.
11.12    The Subscriber has the right to lodge a complaint with The Office of the Australian Information Commissioner. The contact details are available on the following website: https://www.oaic.gov.au/.

12    ACCESS TO DATA
12.1    The Subscriber acknowledges that Netstar will have access to and Process Personal Information for the duration of the Contract in accordance with clause 11 for the provision of the Netstar Service to the Subscriber. The Netstar Service, including access to the provision of the Vehicle Data to the Subscriber shall terminate upon termination of the Contract.
12.2    Netstar will delete the Personal Information as required by the Privacy Act following termination of the Contract except where required retention of the Personal Information is required by law in which case Netstar will retain such Personal Information in accordance with applicable legislation.

13    BREACH AND CONSEQUENCES
13.1    If the Subscriber or its authorised agent, which includes an insurer, employer, or bank:
13.1.1    fails to pay any amount under this Contract on due date; or
13.1.2    fails to carry out or perform any of its contractual obligations or breaches any term or condition of this Contract; or
13.1.3    in Netstar’s reasonable opinion raises false alarms or abuses the Netstar Service, (referred to as “the breach”);
then Netstar must provide the Subscriber with a written notice requiring it to rectify the breach within 20 (twenty) Business Days of the date of such notice.
13.2    Where the Subscriber fails to rectify the breach within the 20 (twenty) Business Day period, Netstar will thereafter have the right to immediately suspend and/or terminate the Contract, on written notice to the Subscriber, which termination shall be without prejudice to any rights which Netstar may then have in law, including:
13.2.1    where the Initial Period of the Contract has not expired, the right to charge the Subscriber an early termination fee reasonably calculated by Netstar;
13.2.2    the right to immediately remove and recover ownership and possession of the Netstar Unit from the Vehicle, if applicable;
13.2.3    the right to demand from the Subscriber, all amounts payable, by the Subscriber to Netstar under the Contract, which remain unpaid; and
13.2.4    the right to claim any other damages from the Subscriber, which it may have incurred in law in consequence of the Subscriber’s breach.
13.3    Where Netstar fails to carry out or perform any of its contractual obligations or breaches any term or condition of this Contract, the Subscriber has the right to send Netstar a written notice requiring Netstar to rectify the breach within 20 (twenty) Business Days of receipt of such notice.
13.4    Where Netstar fails to rectify the breach within the 20 (twenty) Business Day period, the Subscriber will thereafter have the right to immediately terminate the Contract, on written notice to Netstar which termination will be without prejudice to any rights which the Subscriber may have in law, including the right to claim damages from Netstar which it may have incurred in consequence of Netstar’s breach.
 13.5    Where the Subscriber cancels the Contract during the Initial Period by reference to the matters in clause 13.3, the Subscriber will not be liable to pay Netstar an early termination fee and the Subscriber acknowledges and agrees that Netstar will have the right to immediately remove and recover ownership and possession of the Netstar Unit from the Vehicle.
13.6    Where Netstar has to remove the Netstar Unit in terms of this clause, the Subscriber will do all such things as may be reasonably necessary to enable Netstar to uplift and collect the Netstar Unit from the Vehicle.

14    FORCE MAJEURE
If either party is prevented or restricted in any way from carrying out all or any of its obligations under this Contract by reason of force majeure (an event or circumstance beyond the control of the Parties, such as a war, strike, riot, crime, or an “act of God” such as flooding or an earthquake which prevents one or both Parties from performing their obligations under the Contract), then both parties will be relieved of their obligations under this Contract during such period of force majeure.

15    SECURITY INTEREST
15.1    The Subscriber acknowledges and agrees:
(a)    this Contract constitutes a security agreement and a purchase money security interest for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA); and
(b)    a security interest is taken in all Netstar Units previously supplied by Netstar to the Contractor (if any) and all Netstar Units that will be supplied in the future by Netstar to the Contractor during the duration of the Contract (including all related proceeds).
15.2    The Subscriber agrees to assist Netstar, as reasonably requested, for the purpose of:
(a)    ensuring that the security interest is enforceable, perfected, and otherwise effective; and/or
 
(b)    enabling Netstar to apply for any registration, complete any financing statement, financing change statement or give any notification, in connection with the security interest; and/or
(c)    enabling Netstar to exercise rights in connection with the security interest.

 
15.3    The Subscriber waives their right under the PPSA to receive a copy of any verification statement, any financing statement, or financing change statement (as those terms are defined in the PPSA).

16    GENERAL
16.1    This Contract will be governed by and interpreted in accordance with the laws of New South Wales and the Parties submit to the non- exclusive jurisdiction of the courts in that jurisdiction.
16.2    Should any provision of this Contract be declared unlawful whilst the Contract is in force, such provision will be deleted from the Contract and the remaining parts of the Contract will continue to operate.
16.3    No change of this Contract will be of any force or effect unless such change is agreed in writing and signed by both Parties.
16.4    Where one of the Parties does not act on a breach of the Contract by the other Party, failure to act will not result in that Party giving up its rights to act upon that breach or another breach, at a later stage.
16.5    Neither Party may transfer, cede, delegate, or assign its rights or obligations in terms of this Contract to another person without the prior written consent of the other Party, which consent will not unreasonably be withheld.

 

Last updated 25/3/2025