merchant-agreement

18. Limitation of liability
18.1. You may have rights and remedies under trade practices legislation.
18.2. If our liability to you for the breach of any term, condition or warranty implied by law
is capable of exclusion, it is excluded. However, this clause is to be read subject to any
legislative terms that are not capable of exclusion or limitation.
18.3. If we have breached any condition or warranty implied under trade practices
legislation, our liability is limited to the re-supply of the services or the payment of
the cost of having the services supplied again at our discretion.
18.4. We make no warranties as to the description, merchantability or fi tness for purpose
in relation to the merchant services or any equipment we or others supply.
18.5. You acknowledge and agree that to the maximum extent permitted by applicable
law we are not liable to you or to any person for any act or omission (including
negligence) of ours that results in any direct or indirect loss (including loss of profi ts),
damage, injury or inconvenience you suffer because:
(a) any part of the merchant services or any equipment we or others supply
malfunctions; or
(b) any foreign currency merchant services we have agreed to provide to you or you have
arranged with another to provide are unavailable to or do not function properly.
19. Confi dential information and privacy
19.1. You:
(a) must keep any confi dential information confi dential; and
(b) may use the confi dential information but only in relation to this agreement; and
(c) may disclose the confi dential information to enable you to perform your obligations
under this agreement but only to your permitted personnel to the extent that they
have a need to know; and
(d) must not copy the confi dential information or any part of it other than as strictly
necessary for the purposes of this agreement and must mark if required by us any
such copy “Confi dential – NAB”.
19.2. On termination or expiry of this agreement, or earlier on reasonable request by
us, you must promptly return to us or destroy any or all copies of confi dential
information, in which case any right to use, copy and disclose that confi dential
information ceases.
19.3. Your obligations under this clause continue indefi nitely in relation to confi dential
information, even if that confi dential information is returned to us or destroyed,
or this agreement expires or is terminated.
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