18. Privacy Act 1988
18.1 The Client and/or the Guarantor/s agree for the RealTrack to obtain from a credit reporting agency a credit report containing personal credit information about the Client and Guarantor/s in relation to credit provided by the RealTrack.
18.2 The Client and/or the Guarantor/s agree that the RealTrack may exchange information about the Client and the Guarantor/s with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
(d) to assess the credit worthiness of Client and/or Guarantor/s.
18.3 The Client consents to the RealTrack being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
18.4 The Client agrees that personal credit information provided may be used and retained by the RealTrack for the following purposes and for other purposes as shall be agreed between the Client and RealTrack or required by law from time to time:
(a) provision of Goods/Services; and/or
(b) marketing of Goods/Services by the RealTrack, its agents or distributors in relation to the Goods/Services; and/or
(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to provision of Goods/Services; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Client; and/or
(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Goods/Services.
18.5 The RealTrack may give information about the Client to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Client; and/or
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
19. General
19.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
19.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
19.3 The RealTrack shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the RealTrack of these terms and conditions.
19.4 In the event of any breach of this contract by the RealTrack the remedies of the Client shall be limited to damages which under no circumstances shall exceed the Price of the Goods/Services.
19.5 The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by the RealTrack.
19.6 The RealTrack may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
19.7 The RealTrack reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the RealTrack notifies the Client of such change.
19.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
19.9 The failure by the RealTrack to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the RealTrack’s right to subsequently enforce that provision.
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