merchant-agreement
merchant-agreement
merchant-agreement
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23. Our consent<br />
We may give our consent for the purposes of this <strong>agreement</strong> conditionally or<br />
unconditionally or withhold it in our absolute discretion, unless this <strong>agreement</strong> expressly<br />
indicates differently.<br />
24. Cardholder’s creditworthiness<br />
You cannot infer from the fact that a cardholder has been issued with a nominated card,<br />
or that a transaction has been processed or an authorisation has been given, that we<br />
have guaranteed:<br />
(a) the cardholder’s creditworthiness; or<br />
(b) the correct identity of the cardholder; or<br />
(c) that the transaction is valid and acceptable and will not be subsequently charged<br />
back or reversed; or<br />
(d) that you have complied with your obligations under this <strong>agreement</strong> and you waive<br />
any right to claim that we do.<br />
25. Rights of each party<br />
25.1. You must not assign or charge your rights under this <strong>agreement</strong>.<br />
25.2. We may enter this <strong>agreement</strong> as principal or agent.<br />
25.3. We may, without your consent:<br />
(a) transfer our interest in this <strong>agreement</strong> or equipment we own, or give another person<br />
an interest in or form of security over either of them; or<br />
(b) subcontract any of our obligations under this <strong>agreement</strong> and if we do you must allow<br />
access to our subcontractors to your business premises for the purpose of installing<br />
equipment or auditing your compliance with this <strong>agreement</strong>.<br />
25.4. The rights, powers and remedies which you and we have under this <strong>agreement</strong> are<br />
in addition to the ones provided independently by law (including, without limitation,<br />
any rights conferred under trade practices legislation). You and we may exercise<br />
the rights, powers and remedies under the law and in equity as well as any of those<br />
provided by this <strong>agreement</strong>.<br />
25.5. If you or we do not insist upon or enforce a right arising from a breach of this<br />
<strong>agreement</strong>, that does not mean that you or we have given up or waived that right or<br />
any other right arising from that breach or any later breach.<br />
25.6. Nothing contained or implied in this <strong>agreement</strong> constitutes you as the partner, agent,<br />
or legal representative of us for any purpose or creates any partnership, agency or<br />
trust, and you have no authority to bind us in any way.<br />
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