Terms of Sale
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.
Last updated 25/3/2025