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28<br />

equipment means either manual equipment or electronic equipment, or both as the case<br />

may be.<br />

fallback means a process in which details of a transaction are read and stored by equipment<br />

but are processed later than would normally be the case due to the equipment being unable<br />

to properly communicate with us for any reason.<br />

gst has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999<br />

(Cth).<br />

intellectual property rights means all rights, titles and interests, wherever subsisting<br />

throughout the world, and whether registered or not, in and to:<br />

(a) copyright, author’s rights, neighbouring rights, sui generis protection for the<br />

contents of databases, the protection of circuit layouts and rights of topography,<br />

designs; and<br />

(b) inventions, patents, utility models; and<br />

(c) trade secrets, know how, confi dential information; and<br />

(d) trade marks, business names, trading styles and get up; and<br />

(e) any right contemplated by a treaty, convention or instrument administered by or<br />

under the auspices of the World Intellectual Property Organisation and includes<br />

the right to apply for the registration, grant or other insurance of such rights, titles<br />

and interests.<br />

letter of offer means the letter of offer we give you in connection with the <strong>merchant</strong><br />

services the subject of this <strong>agreement</strong>.<br />

manual equipment means any equipment, excluding electronic equipment, which is used<br />

to record a manual transaction.<br />

manual transaction means a transaction, details of which are recorded manually.<br />

<strong>merchant</strong> services means the services referred to in clause 2.<br />

moto transaction means a credit card or scheme debit card transaction involving an order<br />

for goods or services received by you by mail, facsimile, telephone or email.<br />

NAB Credit Card Fraud Protection booklet means the information and material relating to<br />

fraud prevention that we will provide you with following your acceptance of the letter of<br />

offer and as updated by us from time to time.<br />

NAB Transact service means our payments channel and reporting product known by<br />

that name.

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