Definitions 1.1 “Charges” means the Charges payable (plus any GST where applicable) for the Services as agreed between Telestop and the Member in accordance with clause 6 of this Contract. 1.2 “Client” means the Community Group or any person acting on behalf of and with the authority of the Client requesting Telestop to provide the Services of creating the directory/platform for use by the Member. 1.3 “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, Contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details. 1.4 “Contract” means the terms and conditions contained herein, together with any order, invoice or other document or amendments expressed to be supplemental to this Contract. 1.5 “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website and can be accessed either by the web server or the client’s computer. If the Member does not wish to allow Cookies to operate in the background when using Telestop’s website, then the Member shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website. 1.6 “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth). 1.7 “Listing Period” means the period during which Telestop will advertise the Member on the Website, as specified in the Subscription Agreement. 1.8 “Member” means the person/s, entities or any person acting on behalf of and with the authority of the Member requesting Telestop to provide the Services as specified in any proposal, order, invoice or other documentation, and: (a) if there is more than one Member, is a reference to each Member jointly and severally; and (b) if the Member is a partnership, it shall bind each partner jointly and severally; and (c) if the Member is a part of a Trust, shall be bound in their capacity as a trustee; and (d) includes the Member’s executors, administrators, successors and permitted assigns. 1.9 “Services” mean all Services supplied by Telestop to the Member at the Member’s request from time to time. 1.10 “Service Listings” means a Listing on Telestop’s website through which the Member offers, negotiates, sells or advertises any services. 1.11 “Subscription Agreement” means the supply of Services, subject to clause 6, for a specified period, as agreed between Telestop and the Member. 1.12 “Telestop” means Rania Investments Pty Ltd ATF The Fayz Omar Trust T/A Telestop, its successors and assigns or any person acting on behalf of and with the authority of Rania Investments Pty Ltd ATF The Fayz Omar Trust T/A Telestop.
Acceptance 2.1 The parties acknowledge and agree that: (a) they have read and understood the terms and conditions contained in this Contract; and (b) the parties are taken to have exclusively accepted and are immediately bound, jointly and severally, by these terms and conditions if the Member places an order for or accepts delivery of the Services provided by Telestop. 2.2 In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail. 2.3 Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties. 2.4 The Member acknowledges that the supply of Services on credit shall not take effect until the Member has completed a credit application with Telestop and it has been approved with a credit limit established for the account. In the event that the supply of Services requested exceeds the Member’s credit limit and/or the account exceeds the payment terms, Telestop reserves the right to refuse delivery. 2.5 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 14 of the Electronic Transactions (Queensland) Act 2001 or any other applicable provisions of that Act or any Regulations referred to in that Act.
Errors and Omissions 3.1 The Member acknowledges and accepts that Telestop shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s): (a) resulting from an inadvertent mistake made by Telestop in the formation and/or administration of this Contract; and/or (b) contained in/omitted from any literature (hard copy and/or electronic) supplied by Telestop in respect of the Services. 3.2 In circumstances where the Member is required to place an order for the Services, in writing, or otherwise as permitted by these terms and conditions, the Member is responsible for supplying correct order information such as, without limitation, measurements and quantity, when placing an order for the Services ("Member Error"). The Member must pay for all Services it orders from Telestop notwithstanding that such Services suffer from a Member Error and notwithstanding that the Member has not taken or refuses to take delivery of such Services. Telestop is entitled to, at its absolute discretion to waive its right under this sub-clause in relation to Member Errors.
Change in Control 4.1 The Member shall give Telestop not less than fourteen (14) days prior written notice of any proposed change of ownership of the Member and/or any other change in the Member’s details (including but not limited to, changes in the Member’s name, address, contact phone or fax number/s, change of trustees, or business practice). The Member shall be liable for any loss incurred by Telestop as a result of the Member’s failure to comply with this clause.
Subscription Agreement Term 5.1 The agreement for Services shall continue for the term stipulated in the Subscription Agreement and, upon expiration of this term, will continue on a monthly basis, unless terminated in accordance with clause 16.6. 5.2 Subject to clause 16.1, if the Member wishes to terminate the Services during the term stipulated, Telestop may charge the Member an early termination fee, the amount of which will depend on the Services acquired by the Member and the date of termination. 5.3 The Member acknowledges and accepts that: (a) all fixed term Subscription Agreements (irrespective of the agreement commencement date) will be subject to an annual Price review each calendar year and shall be effective from the commencement of the new fixed term; (b) will then be subject to revision on the basis of, including but not limited to, movement in any relevant economic price index; (c) payment deductions due for Subscription Agreements are billed monthly in advance; and (d) in the event of premature termination of Services under a fixed term, any credit/refund of monies paid in advance will be subject to clause 16.6 and shall be assessed pro-rata up until the date of termination.
Charges and Payment 6.1 At Telestop’s sole discretion, the Charges shall be either: (a) as indicated on any invoice provided by Telestop to the Member upon placement of an order for the Services; or (b) the Charges as at the date of delivery of the Services according to Telestop’s current price list/payment schedule as previously disclosed to the Member upon the Member’s placement of an order for the Services; or (c) detailed in the Subscription Agreement and as agreed upon by both parties. 6.2 Telestop reserves the right to change the Charges if a variation to Telestop’s price list/payment schedule is requested. Variations (including, but not limited to, changes to the scope of the Services being offered by Telestop such as the Member requesting extension of consultation periods being offered via the website or bookings etc) will be detailed in writing, and shown as variations on Telestop’s invoice. The Member shall be required to respond to any variation submitted by Telestop within ten (10) working days. Failure to do so will entitle Telestop to add the cost of the variation to the Charges. Payment for all variations must be made in full at the time of their completion. 6.3 At Telestop’s sole discretion, a reasonable non-refundable deposit may be required upon placement of an order for the Services as notified to the Member prior to the placement of an order for the Services. 6.4 Time for payment for the Services being of the essence, the Charges will be payable by the Member on the date/s determined by Telestop, which may be: (a) on delivery of the Services, at the time that the booking is made; (b) the date specified on any invoice or other form as being the date for payment; or (c) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Member by Telestop. 6.5 Payment may be made by credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Member and Telestop. 6.6 Telestop may in its discretion allocate any payment received from the Member towards any invoice that Telestop determines and may do so at the time of receipt or at any time afterwards. 6.7 The Member shall not be entitled to set off against, or deduct from the Charges, any sums owed or claimed to be owed to the Member by Telestop nor to withhold payment of any invoice because part of that invoice is in dispute. Once in receipt of an invoice for payment, if any part of the invoice is in dispute, then the Member must notify Telestop in writing within three (3) business days, the invoice shall remain due and payable for the full amount, until such time as Telestop investigates the disputed claim, no credit shall be passed for refund until the review is completed. Failure to make payment may result in Telestop placing the Member’s account into default and subject to default interest in accordance with clause 15.1. 6.8 Unless otherwise stated the Charges does not include GST. In addition to the Charges, the Member must pay to Telestop an amount equal to any GST Telestop must pay for any supply by Telestop under this or any other agreement for providing Telestop’s Services. The Member must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Member pays the Charges. In addition, the Member must pay any other taxes and duties that may be applicable in addition to the Charges except where they are expressly included in the Charges. 6.9 The Member acknowledges and agrees that the Member’s obligations to Telestop for the provision of Services shall not cease until the Member has: (a) paid Telestop all amounts owing for the particular Services; and (b) met all other obligations due by the Member to Telestop in respect of all Contracts between Telestop and the Member. 6.10 Receipt by Telestop of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Telestop’s ownership or rights in respect of the Services, and this Contract, shall continue.
Provision of the Services 7.1 Any time specified by Telestop for delivery of the Services is an estimate only and Telestop will not be liable for any loss or damage incurred by the Member as a result of delivery being late. However, both parties agree that they shall make every endeavour to enable the Services to be supplied at the time and place as was arranged between both parties. In the event that Telestop is unable to supply the Services as agreed solely due to any action or inaction of the Member then Telestop shall be entitled to charge a reasonable fee for re-supplying the Services at a later time and date.
Member’s Responsibility 8.1 The Member acknowledges and accepts that: (a) in order to use Telestop’s website, the Member is required to register an account via the website; (b) a Subscription Agreement plan may operate two accounts under the one account holder, the primary Member will have reporting rights over the secondary authorised agent nominated by the Member. Both account holders agree to abide with Telestop’s confidentiality and password security, they will be independently responsible for their own actions; (c) the Member must notify Telestop immediately if they become aware of any unauthorised use of an account; (d) the Member must ensure that all the account information is accurate and up-to-date at all times; (e) the Member and/or the Member’s agent is responsible for maintaining the confidentiality of their password, username, access or account details and any activities that occurs under that account. Telestop shall not be liable to any person for any issues which may arise as a result of any failure by the Member and/or the Member’s agent to protect their password, username, access or account logons; and (f) false emails: Telestop will never ask the Member to confirm any account or credit card details via email. If an email is received claiming to be from Telestop asking for such information, the Member should not reply in the first instance but forward this email request to Telestop so that the business may advise the relevant authorities. 8.2 The Member acknowledges and agrees that the information which is provided when the Member registers with Telestop is true, accurate, current and complete in all respects; and are not impersonating any other person or entity. 8.3 The Member and Telestop’s employees must ensure that they treat each other with respect and dignity. Failure to comply with this obligation may result in termination of the Member’s account.
Member’s Conduct 9.1 Telestop reserves the right to edit, delete or terminate any material or account related or uploaded to the Member’s account, without notice and liability to the Member, in the event that any such material, as determined by Telestop is in its sole and absolute discretion, violates the Contract or is misaligned with the website’s intended purpose. 9.2 Members are prohibited from violating or attempting to violate any security features of the website, including, without limitation: (a) accessing content or data not intended for the Member, logging onto a server or account that the Member are not authorised to access; (b) attempting to probe, scan, or test the vulnerability of the Website or any associated system or network, or to breach security or authentication measures without proper authorisation; (c) interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing,” “hacking,” or “crashing”; (d) using the Website to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting in using Open Shed; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Telestop in operating the Website; and (g) any violation of system or network security by the Member may subject the Member to civil and/or criminal liability. 9.3 The Member acknowledges and agrees that at the discretion of Telestop and their Client, part or all of the Member’s content may be removed at any time, if content is deemed to be inappropriate for the community it is representing.
Compliance with Laws 10.1 The Member and Telestop shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services.
Personal Property Securities Act 2009 (“PPSA”) 11.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA. 11.2 Upon assenting to these terms and conditions in writing the Member acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all the Member’s present and after acquired property being a charge, including anything in respect of which the Member has at any time a sufficient right, interest or power to grant a security interest in for the purposes of securing repayment of all monetary obligations of the Member to Telestop for Services – that have previously been provided and that will be provided in the future by Telestop to the Member. 11.3 The Member undertakes to: (a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Telestop may reasonably require to; (i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register; (ii) register any other document required to be registered by the PPSA; or (iii) correct a defect in a statement referred to in clause 11.3(a)(i) or 11.3(a)(ii); (b) indemnify, and upon demand reimburse, Telestop for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Services charged thereby; (c) not register a financing change statement in respect of a security interest without the prior written consent of Telestop; (d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Services or the proceeds of such Services in favour of a third party without the prior written consent of Telestop. 11.4 Telestop and the Member agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions. 11.5 The Member waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA. 11.6 The Member waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA. 11.7 Unless otherwise agreed to in writing by Telestop, the Member waives their right to receive a verification statement in accordance with section 157 of the PPSA. 11.8 The Member must unconditionally ratify any actions taken by Telestop under clauses 11.2 to 11.5. 11.9 Subject to any express provisions to the contrary (including those contained in this clause 11), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
Security and Charge 12.1 In consideration of Telestop agreeing to provide its Services, the Member grants Telestop a security interest by way of a floating charge (registerable by Telestop pursuant to the PPSA) over all of its present and after acquired rights, title and interest (whether joint or several) in all other assets that is now owned by the Member or owned by the Member in the future, to the extent necessary to secure the repayment of monies owed under this Contract for provision of the Services under this Contract and/or permit Telestop to appoint a receiver to the Member in accordance with the Corporations Act 2001 (Cth). 12.2 The Member indemnifies Telestop from and against all Telestop’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Telestop’s rights under this clause. 12.3 In the event that the Member defaults or breaches any term of this Contract and as a result, the security provided in clauses 11.2 and 12.1 as applicable, is deemed insufficient by Telestop to secure the repayment of monies owed by the Member to Telestop, the Member hereby grants Telestop a security interest as at the date of the default, by way of a charge, that enables the right and entitlement to lodge a caveat over any real property and or land owned by the Member now, or owned by the Member in the future, to secure the performance of the Member of its obligations under these terms and conditions (including, but not limited to, the payment of any money.
The Competition and Consumer Act 2010 (“CCA”) and Fair Trading Acts (“FTA”) 13.1 Nothing in this Contract is intended to have the effect of modifying, or contracting out of, any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable. 13.2 Liability of Telestop arising out of any one incident, for any implied breach of these terms and conditions by the Competition and Consumer Act 2010 or howsoever arising, is limited to any of the following as determined by Telestop: (a) rectifying the Services; or (b) supplying the Services again; or (c) paying for the Services to be supplied again. 13.3 If Telestop is required to rectify, re-supply, or pay the cost of re-supplying the Services under clause 13.2 or the CCA, but is unable to do so, then Telestop may refund any money the Member has paid for the Services but only to the extent that such refund shall take into account the value of Services which have been provided to the Member which were not defective.
Intellectual Property 14.1 Where Telestop has designed, drawn or developed incidental items for the Member, then the copyright in any incidental items shall remain the property of Telestop. Under no circumstances may such designs, drawings and documents be used without the express written approval of Telestop. 14.2 The Member warrants that all designs, specifications or instructions given to Telestop will not cause Telestop to infringe any patent, registered design or trademark in the execution of the Member’s order and the Member agrees to indemnify Telestop against any action taken by a third party against Telestop in respect of any such infringement.
Default and Consequences of Default 15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Telestop’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 If the Member owes Telestop any money, the Member shall indemnify Telestop from and against all costs and disbursements: (a) incurred; and/or (b) which would be incurred and/or (c) for which by the Member would be liable; in regard to legal costs on a solicitor and own client basis incurred in exercising Telestop’s rights under these terms and conditions, internal administration fees, Telestop’s Contract fees owing for breach of these terms and conditions’, including, but not limited to, contract default fees and/or recovery costs (if applicable), as well as bank dishonour fees. 15.3 Further to any other rights or remedies Telestop may have under this Contract, if a Member has made payment to Telestop, and the transaction is subsequently reversed, the Member shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Telestop under this clause 15 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Member’s obligations under this Contract. 15.4 Without prejudice to Telestop’s other remedies at law Telestop shall be entitled to cancel all or any part of any order of the Member which remains unfulfilled and all amounts owing to Telestop shall, whether or not due for payment, become immediately payable if: (a) any money payable to Telestop becomes overdue, or in Telestop’s opinion the Member will be unable to make a payment when it falls due; (b) the Member has exceeded any applicable credit limit provided by Telestop; (c) the Member becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Member or any asset of the Member.
Cancellation 16.1 Without prejudice to any other remedies the parties may have, if at any time either party is in breach of any obligation (including those relating to payment) under these terms and conditions (“the Breaching Party”) the other party may suspend or terminate the supply of Services to the other party, with immediate effect, by providing the Breaching Party with written notice. Neither party will be liable for any loss or damage the other party suffers because one of the parties has exercised its rights under this clause. The Member acknowledges and accepts that Service Listings may be removed after thirty (30) days, if the Member’s account remains unpaid. If the Member wishes to recommence Services with Telestop, a new Subscription Agreement needs to be entered into. 16.2 If Telestop, due to reasons beyond Telestop’s reasonable control, is unable to deliver any Services to the Member, Telestop may cancel any Contract to which these terms and conditions apply or cancel delivery of Services at any time before the Services are delivered by giving written notice to the Member. On giving such notice Telestop shall repay to the Member any money paid by the Member for the Services. Telestop shall not be liable for any loss or damage whatsoever arising from such cancellation. 16.3 The Member may cancel delivery of the Services by written notice served within forty-eight (48) hours of placement of the order. If the Member cancels delivery in accordance with this clause 16.3, the Member will not be liable for the payment of any costs of Telestop, except where a deposit is payable in accordance with clause 6.3. Failure by the Member to otherwise accept delivery of the Services shall place the Member in breach of this Contract. 16.4 Telestop may, in addition to their right to cancel under clauses 16.1 and 16.2: (a) do so at any time: (i) prior to the commencement of the Services, by giving notice to the Member, in the event Telestop determine it is not technically, commercially or operationally feasible to provide the Services to the Member; and (ii) in the event the Member materially breaches these terms and conditions, and such breach is not capable of remedy. 16.5 Notwithstanding clauses 16.1 and 16.3, the Member may cancel the Contract for a breach, if Telestop materially fails to: (a) provide the Services as agreed and fails to remedy the breach within ten (10) days of receiving notification of the failure from the Member; or (b) meet any other obligations stated in the Contract and do not remedy that failure within thirty (30) days of receiving notification of the failure from the Member; and (c) the Member accepts that Telestop shall be entitled to claim from the Member, all monies due and payable up to the date of termination. 16.6 Subscription Agreement: (a) all payments shall fall due, as per the payment schedule; and (b) to terminate the Service Agreement on, or after the current annual term, the Member must give Telestop not less than thirty (30) working days’ notice prior to the current anniversary date of the Service Agreement; (c) the Services will then terminate at the end of the then current annual term. If the Member does not terminate the Services on expiry of the current annual term, the Services shall revert to a month-by-month basis charge until otherwise agreed by both parties. Any additional Services shall become due and payable until notice (as herein) is received; or (d) where in the event of the premature termination of Subscription Agreement by Telestop, as a result of default by the Member, the Member shall be responsible for the immediate payment of the following sums: (i) all monies due and payable up to the date of termination; and (ii) all other sums owing by the Member under the Subscription Agreement due directly as a result of the default and termination of the Subscription Agreement, which shall be calculated on the basis of any substantiated costs reasonably incurred by Telestop, or a minimum of twenty percent (20%) of the remainder of the Charges under the Subscription Agreement, whichever is the lesser, where a fixed term applies (to cover such costs imposed by Telestop third party suppliers that form part of, the Subscription Agreement, without any margin added by Telestop thereto).
Confidentiality 17.1 Subject to clause 17.2, each party agrees to treat as confidential the other party’s “Confidential Information”, and agree not to divulge it to any third party, without the other party's written consent and shall include and extend to (where applicable) any Confidential Information that the Client (“Community Group”). 17.2 All parties agree to: (a) use the Confidential Information of the other party only to the extent required for the purpose it was provided; (b) not copy or reproduce any of the Confidential Information of the other party in any way; and (c) only disclose the other party’s Confidential Information to: (i) employees and contractors who need access to the information and who have agreed to keep it confidential; and (ii) its legal advisers and insurance providers if those persons undertake to keep such information confidential. 17.3 Either party must promptly return or destroy all Confidential Information of the other party in its possession or control at the other party’s request, unless required by law to retain it. 17.4 Confidential Information excludes information: (a) generally available in the public domain (without unauthorised disclosure under this Contract); or (b) required by law, any stock exchange or regulatory body to be disclosed; or (c) received from a third party entitled to disclose it; or (d) that is independently developed. 17.5 The obligations of this clause 17 shall survive termination or cancellation of this Contract.
Privacy Policy 18.1 All emails, documents, images or other recorded information held or used by Telestop is Personal Information, as defined and referred to in clause 18.3, and therefore considered Confidential Information. Telestop acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). Telestop acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Member’s Personal Information, held by Telestop that may result in serious harm to the Member, Telestop will notify the Member in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Member by written consent, unless subject to an operation of law. 18.2 Notwithstanding clause 18.1, privacy limitations will extend to Telestop in respect of Cookies where the Member utilises Telestop’s website to make enquiries. Telestop agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Member’s: (a) IP address, browser, email client type and other similar details; (b) tracking website usage and traffic; and (c) reports are available to Telestop when Telestop sends an email to the Member, so Telestop may collect and review that information (“collectively Personal Information”) If the Member consents to Telestop’s use of Cookies on Telestop’s website and later wishes to withdraw that consent, the Member may manage and control Telestop’s privacy controls via the Member’s web browser, including removing Cookies by deleting them from the browser history when exiting the website. 18.3 The Member agrees for Telestop to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) about the Member in relation to credit provided by Telestop. 18.4 The Member agrees that Telestop may exchange information about the Member with those credit providers and with related body corporates for the following purposes: (a) to assess an application by the Member; and/or (b) to notify other credit providers of a default by the Member; and/or (c) to exchange information with other credit providers as to the status of this credit account, where the Member is in default with other credit providers; and/or (d) to assess the creditworthiness of the Member including the Member’s repayment history in the preceding two (2) years. 18.5 The Member consents to Telestop being given a consumer credit report to collect personal credit information relating to any overdue payment on commercial credit. 18.6 The Member agrees that personal credit information provided may be used and retained by Telestop for the following purposes (and for other agreed purposes or required by): (a) the provision of Services; and/or (b) analysing, verifying and/or checking the Member’s credit, payment and/or status in relation to the provision of Services; and/or (c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Member; and/or (d) enabling the collection of amounts outstanding in relation to the Services. 18.7 Telestop may give information about the Member to a CRB for the following purposes: (a) to obtain a consumer credit report; (b) allow the CRB to create or maintain a credit information file about the Member including credit history. 18.8 The information given to the CRB may include: (a) Personal Information as outlined in 18.3 above; (b) name of the credit provider and that Telestop is a current credit provider to the Member; (c) whether the credit provider is a licensee; (d) type of consumer credit; (e) details concerning the Member’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested); (f) advice of consumer credit defaults (provided Telestop is a member of an approved OAIC External Disputes Resolution Scheme), overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Member no longer has any overdue accounts and Telestop has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments); (g) information that, in the opinion of Telestop, the Member has committed a serious credit infringement; (h) advice that the amount of the Member’s overdue payment is equal to or more than one hundred and fifty dollars ($150). 18.9 The Member shall have the right to request (by e-mail) from Telestop: (a) a copy of the Personal Information about the Member retained by Telestop and the right to request that Telestop correct any incorrect Personal Information; and (b) that Telestop does not disclose any Personal Information about the Member for the purpose of direct marketing. 18.10 Telestop will destroy Personal Information upon the Member’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law. 18.11 The Member can make a privacy complaint by contacting Telestop via e-mail. Telestop will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Member is not satisfied with the resolution provided, the Member can make a complaint to the Information Commissioner at www.oaic.gov.au.
Service of Notices 19.1 Any written notice given under this Contract shall be deemed to have been given and received: (a) by handing the notice to the other party, in person; (b) by leaving it at the address of the other party as stated in this Contract; (c) by sending it by registered post to the address of the other party as stated in this Contract ; (d) if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission; (e) if sent by email to the other party’s last known email address. 19.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.
Trusts 20.1 If the Member at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust or as an agent for a trust (“Trust”) then whether or not Telestop may have notice of the Trust, the Member covenants with Telestop as follows: (a) the Contract extends to all rights of indemnity which the Member now or subsequently may have against the Trust, the trustees and the trust fund; (b) the Member has full and complete power and authority under the Trust or from the Trustees of the Trust as the case may be to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Member against the Trust, the trustees and the trust fund. The Member will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity; (c) the Member will not during the term of the Contract without consent in writing of Telestop (Telestop will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events: (i) the removal, replacement or retirement of the Member as trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust fund or trust property.
Limitation of Liabilities 21.1 Telestop and the Client does not warrant the accuracy or quality of the Member’s Services nor warrants that the recommendation of the Member is appropriate or adequate, or is fit for their purpose, or that they are not given negligently. Telestop and the Client agree that they shall not make any demand on the Member, or commence any legal proceedings against the Member, and the Member shall have no liability, whether in negligence or otherwise, to Telestop and the Client in relation to any services performed by the Member. 21.2 Any claims made in relation to services undertaken by the Member must be made direct to the Member in the first instance and will be subject to the Member’s own insurances and public liability responsibilities.
General 22.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable, that provision shall be severed from this Contract, and the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired. 22.2 These terms and conditions and any Contract to which they apply shall be governed by the laws of Queensland and/or the location as to where the Member will be providing the services to the end user and are subject to the jurisdiction of the courts in that state. 22.3 Telestop may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Member’s consent provided the assignment does not cause detriment to the Member. 22.4 The Member cannot licence or assign without the written approval of Telestop. 22.5 Telestop may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Member agrees and understands that they have no authority to give any instruction to any of Telestop’s sub-contractors without the authority of Telestop. 22.6 The Member agrees that Telestop may amend their general terms and conditions for subsequent future Contracts with the Member by disclosing such to the Member in writing. These changes shall be deemed to take effect from the date on which the Member accepts such changes, or otherwise at such time as the Member makes a further request for Telestop to provide Services to the Member. 22.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments, including but not limited to, any Government imposed border lockdowns, etc, (“Force Majeure”) or other event beyond the reasonable control of either party. This clause does not apply to a failure by the Member to make a payment to Telestop, once the parties agree that the Force Majeure event has ceased. 22.8 Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them. 22.9 The rights and obligations of the parties will not merge on completion of any transaction under this Contract, and they will survive the execution and delivery of any assignment or other document entered, for the purpose of, implementing any transaction under this Contract. 22.10 If part or all of any term of this Contract is or becomes invalid, illegal or unenforceable, it shall be severed from this Contract and shall not affect the validity and enforceability of the remaining terms of this Contract.
