Apart from where you have consented or disclosure is necessary to achieve the purpose for which it was submitted, personal information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with POE rights or property, users of this site, or anyone else who could be harmed by such activities. Also, we may disclose personal information when we believe in good faith that the law requires disclosure.
We strive to ensure the security, integrity and privacy of personal information submitted to our site, and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure. We will nonetheless endeavour to take all reasonable steps to protect the personal information you may transmit to us. In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorised access to your personal information. We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of your personal information.
Access to your Personal Information
We will endeavour to take all reasonable steps to keep any information that we hold about you accurate and up to date. If, at any time, you discover that information held about you is incorrect or if you otherwise wish to review or correct that information, please contact us.
Limitation of Liability
To the maximum extent permitted under applicable laws: POE exclude all liability for any loss or damage however caused (including for negligence), which you or any other person may directly or indirectly suffer in connection with your use of the site or that arises out of your use of or reliance on information contained or accessed through this site and/or any omissions from the content of the site. Information is provided "as is" without warranties of any kind, whether express or implied, including warranties of merchantability and fitness for a particular purpose, all of which are excluded from these Terms. POE does not warrant that the site or any of its facilities will be uninterrupted, secure or error-free, or that the site or the server which stores and transmits Information are free of viruses or other harmful components. POE related body does not make any representation concerning your use or access to, or the results of your use or access to, the site or any information whether in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise. Information has been compiled without consideration of your current financial status. POE does not warrant the suitability of the information for your requirements and strongly recommends you obtain the appropriate independent advice prior to engaging the services of POE.
Copyright subsists in the material contained on this web site with all rights reserved. The material contained on this web site may not be reproduced, framed, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by POE. You may however download a single copy of the information (including but not limited to the newsletters appearing on this site) and, where necessary for your use as a reference, keep a temporary copy in your computer's cache to make a single hard copy of this information. Should material be downloaded or reproduced in hard copy from this web site, it may only be done so in circumstances where the entire document is downloaded or reproduced in hard copy. You must also attach this copyright notice to this material.
The trademark POE including its logo are trademarks owned by POE. Nothing contained on this web site, should be construed as granting any licence or right of use of any trademark displayed on this web site without the express written permission of POE.
This site may be linked to or from other sites that are not maintained by POE. POE does not control in any respect any information, products or services offered by such other sites and shall not be responsible for the content of such other sites. POE does not endorse any other sites and any link, transaction, dealing, correspondence with or participation in any promotion offered on other sites including delivery of and payment for goods and services and any other terms and conditions warranties or representations are matters solely between the user and the third party operating the other site. POE assumes no responsibility, obligation or liability for any part of any such transaction, dealing, correspondence or participation.
POE does not represent that any information obtained from or through the use of this web site will be free from computer viruses or other faults. It is your responsibility to scan any information you wish to download for computer viruses. POE will not be liable to you or to any other person for any loss or damage however caused whether by POE negligence or otherwise. To the extent that any applicable law imposes any liability on POE that cannot be excluded, POE liability shall be limited to the resupply of this material or the reasonable cost of having the material resupplied.
Severance If any provision of these terms and conditions is held to be invalid, and that part shall be severed and the balance of the terms and conditions shall continue to apply to the fullest extent possible.
Should you object to any of these terms and conditions, you must immediately discontinue use of this web site.
The laws of the New South Wales will govern these terms and conditions and you and POE agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales and to the Federal Court of Australia sitting in New South Wales.
The information contained on this web site is general in nature only should not be relied upon for any purpose. POE strongly recommend you obtain independent advice from an appropriate professional before effecting a factoring transaction.
Complaints and Notices
POE establish and maintain an internal dispute resolution system that complies with the Australian Standard on Complaints Handling AS4269-1995. The system covers complaints made by retail clients against the person in connection with a factoring arrangement. Complaints may be made by clicking the feedback link. Unless expressly stated otherwise, any notices to PaidOnExchange Pty Ltd should be sent to P.O Box 334 Oatlands NSW 2117.
PRIVACY ACT CONSENT, AUTHORITY AND AGREEMENT
Privacy Protection Information given by POE
POE collects Personal Information about you
PaidOnExchange Pty Ltd trading as PaidOnExchange.com.au (POE) collects personal information about you as specified in this application form, and may also collect personal information about you from a credit reporting agency in order to assess your application for credit and any insurance applied for. POE may also use that information in order to tell you about other products and services offered.
Disclosure of Personal Information we collect
POE discloses information collected about you where required to do so under applicable laws, such as taxation and government benefit laws and under cash transaction reporting laws. POE also discloses information about you to credit reporting agencies (to the extent specified below). POE also may engage third party service providers to assist in the provision of products and services to you, and in those circumstances your personal information may be disclosed in confidence. POE may also disclose personal information collected from you to any vendor or purchaser or any other person involved in the sale of the property by the vendor.
Access to Personal Information we collect
You are entitled to access the personal information that POE holds about you, except in some limited circumstance outlined in the Privacy Act 1988 (Cth) (the 'Act'). You can request access by writing to POE.
What happens if you do not give us the information required
If you do not provide POE with the personal information requested, then POE may be unable to process your application.
National Privacy Principles
Giving information to a credit reporting agency
You acknowledge that POE may give certain personal information about you to a credit reporting agency. You acknowledge that you understand that POE can only give limited kinds of information to a credit reporting agency as set out in the Act, examples of which are:
Identity particulars - this only includes your name, sex, date of birth, current known address, two immediately previous addresses, your current or last known employer, and your driver's licence number; The fact that you have applied for credit and the amount;The fact that POE is currently a credit provider to you;Details of credit provided by POE where payments are overdue for at least 60 days, and POE has taken steps to recover all or some of the amounts outstanding;Advice that payments are no longer overdue;Cheques for an amount greater than $100, drawn by you which have been dishonoured more than once; Our opinion that you have committed a serious credit infringement; When the credit provided to you has been discharged.
Exchanging information with other credit providers
You agree that POE may exchange and check personal information about you with any other credit provider named in you credit application, and with other credit providers that may be named in a credit report issued by a credit reporting agency, for any of the following purposes:
To assess your credit worthiness;
To assess an application by you for credit; To help you avoid defaulting on your credit obligations; To notify a default by you; The collection of overdue payments. You acknowledge and understand that this information can include any information about your credit worthiness, credit standing credit history or credit capacity that credit providers are allowed to give to or receive from each other under the Act. You agree that this information can be provided to any persons or bodies involved in funding the credit you are applying for by means of a securitisation arrangement in order to enable those persons or bodies to perform tasks which are necessary to fund the credit you are applying for (section 18N(1)(b) Privacy Act 1988).
Access to Commercial Credit Information
For the purpose of assessing your application for credit, you consent to POE obtaining a report containing information about your commercial activities or commercial credit worthiness, from a business which provides information about the commercial credit worthiness of persons.
Access to Consumer Credit Information for a Commercial Credit application
If your application is for commercial credit, you consent to POE obtaining from a credit reporting agency a credit report about you containing consumer credit information in order to assess your application for credit. (*As defined in the Act).
Agreement to a credit provider being given a consumer credit report by a credit reporting agency to assess a guarantor
The Director/s agree that POE may obtain from a credit reporting agency a consumer credit report containing information about the Director/s for the purpose of assessing whether to accept the Director/s as a guarantor for credit applied for by, or provided to, the estate agent.
Agreement to a credit provider disclosing a report including a consumer credit report to potential or existing guarantor
You agree that POE may give to the guarantor, a credit report containing information about you for the purpose of the prospective guarantor deciding whether to act as a guarantor, or to keep the prospective guarantor informed about the guarantee. The information disclosed may include anything about your credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to disclose under the Privacy Act, and includes a credit report.