Credit Guide

Introduction

Rent With Style offers customers consumer leases. This document provides you with an overview of our obligations and your rights in assessing the suitability of a credit contract or lease or credit limit increase for each customer. It also outlines the procedure for making a complaint.Rent With Style is a credit provider.

Contacting us:

  • Name : Rent with Style Operations Pty Ltd(ABN 48601780134)
  • Credit Representative Number -CRN- 482600
  • Phone: 1300 73 23 83
    Fax: 1300 73 23 03
  • Email: admin@rentwithstyle.com.au
  • Website: www.rentwithstyle.com.au
  • Head Office: RENT WITH STYLE (ABN 83 044 601 546)
  • Address: P.O. Box 2960 Rowville, VIC 3178
  • Our Australian Credit License Number: 429961

  1.  Assessment of suitability of a lease- our obligations and your rights

    Before Rent With Style enters into a lease we are required by law to assess the suitability of the lease for each customer. To assess suitability, Rent With Style will make reasonable inquiries about:

    • Your requirements and objectives in relation to the lease
    • Your financial statement
    • Any other relevant matters
    • Serviceability or verify your financial situation

  2. Unsuitability criteria

    Rent With Style cannot offer a lease to a customer if:

    • It is likely that the customer will be unable to meet their financial obligations under the contract or could only meet them with substantial hardship
    • The contract does not meet the customer's requirements or objectives.

  3.  Requesting a copy of our assessment

    Before entering into the lease or at any time during the first 7 years of the contract, you can request a written copy of our assessment. There is no fee for requesting a copy of our assessment.If you request a copy of the assessment before we enter into the lease we will provide you with a written copy of our assessment. If you ask to see our assessment within the first 2 years of the contract, we will provide you with a written copy of our assessment within 21 business days after we receive your request.If you ask to see our assessment 2-7 years after the start date of the contract, we will provide you with a written copy of our assessment within 21 business days after we receive your request.We do not have to provide the assessment if you do not enter into the lease.

  4. Resolving disputes

    We have an internal dispute Resolution Procedure. We genuinely want to hear from our customers. If you have something on your mind regarding our products or services, we welcome the opportunity to resolve the situation. Our staff are here to help you so if you have a concern or complaint, please talk to our staff on 1300 73 23 83If our Customer Contact Centre team has not resolved your concern or complaint, please contact our internal dispute resolution scheme by contacting us in writing to Rent With Style, P.O Box 2960 Rowville, VIC 3178 If you feel that we have not resolved your complaint to your satisfaction level, you can refer your concerns to Australian Financial complaints Authority (AFCA) in writing through GPO Box 3, Melbourne , Vic 3001

    We are a member of COSL and this service is established to provide you with an independent mechanism to resolve specific complaints.You can also contact ASIC, for information about your rights on 1300 300 630.Some of the obligations described above will not apply to you unless your lease is a "Consumer Lease". Please call us if you have any queries.

  5. Privacy

    We collect your personal information in order for us to enter into a lease with you that is not unsuitable for you. We may also collect your personal information from credit reporting agencies. If you do not provide us with your personal information, we may be unable to assist in providing you with the lease you require.We will limit the collection and use of your information to the minimum we require to enter into a lease with you, as set out in our Privacy Policy. We will always maintain control over the confidentiality of your personal information

CONSUMER LEASE INFORMATION
Form 17 Information Statement
subsection 175 (1) of the Code regulation 105 of the Regulations

Things you should know about your consumer lease

This statement tells you about some of the rights and obligations of yourself and your lessor. It does not state the terms and conditions of your lease.

The lease

  1. How can I get details of my lease?

    Your lessor must give you a copy of your consumer lease with this statement. Both documents must be given to you within 14 days after the lessor enters into the consumer lease, unless you already have a copy of the consumer lease. If you want another copy of your lease write to your lessor and ask for one. Your lessor may charge you a fee. Your lessor has to give you a copy —

    • within 14 days of your written request if the contract came into existence 1 year or less before your request; or
    • otherwise within 30 days.

  2. What should my lease tell me?

    You should read your lease carefully.


    Your lease should tell you about your obligations, and include information on matters such as —

    • details of the goods which have been hired; and
    • any amount you have to pay before the goods are delivered; and
    • stamp duty and other government charges you have to pay; and
    • charges you have to pay which are not included in the rental payments; and
    • the amount of each rental payment; and
    • the date on which the first rental payment is due and either the dates of the other rental payments or the interval between them; and
    • the number of rental payments; and
    • the total amount of rent; and
    • when you can end your lease; and
    • what your obligations are (if any) when your lease ends.

    This information only has to be included in your lease if it is possible to give it at the relevant times. If your lease does not tell you all these details, contact your credit provider’s external dispute resolution scheme, or get legal advice, for example from a community legal centre or Legal Aid, as you may have rights against your lessor.

  3. Can I end my lease early?

    Yes. Simply return the goods to your lessor. The goods may be returned in ordinary business hours or at any other time you and the lessor agree on or the court decides.

  4. What will I have to pay if I end my lease early?

    If you have made rental payments in advance then it is possible that your lessor might owe you money if you return the goods early.

  5. Can my lease be changed by my lessor?

    Yes, but only if your lease says so.

  6. Is there anything I can do if I think that my lease is unjust?

    Yes. You should talk to your lessor. Discuss the matter and see if you can come to some arrangement. If that is not successful, you may contact your credit provider’s external dispute resolution scheme. EXTERNAL DISPUTE RESOLUTION IS A FREE SERVICE ESTABLISHED TO PROVIDE YOU WITH AN INDEPENDENT MECHANISM TO RESOLVE SPECIFIC COMPLAINTS. YOUR CREDIT PROVIDER’S EXTERNAL DISPUTE RESOLUTION PROVIDER IS COSL AND CAN BE CONTACTED AT TELEPHONE:1800 138 422, INTERNET: www.coi.org.au and POSTAL ADDRESS: PO Box A252 Sydney South NSW 1235. Alternatively, you can go to court. You may also wish to get legal advice, for example from a community legal centre or Legal Aid, and/or make a complaint to ASIC. ASIC can be contacted on 1300 300 630 or through ASIC’s website at http://www.asic.gov.au

  7. The goods

    If my lessor writes asking me where the goods are, do I have to say where they are?

    Yes. You have 7 days after receiving your lessor’s request to tell your lessor. If you do not have the goods you must give your lessor all the information you have so they can be traced.

  8. When can my lessor or its agent come into a residence to take possession of the goods?

    Your lessor can only do so if it has the court’s approval or the written consent of the occupier which is given after the occupier is informed in writing of the relevant section in the National Credit Code.

  9. General

    What do I do if I can not make a rental payment?

    Get in touch with your lessor immediately. Discuss the matter and see if you can come to some arrangement. You can ask your lessor to change your lease in a number of ways — 
    • to extend the term of your lease and reduce rental payments; or
    • to extend the term of your lease and delay rental payments for a set time; or
    • To delay rental payments for a set time.

  10. What if my lessor and I can not agree on a suitable arrangement?

    If the lessor refuses your request to change the rental payments, you can ask your lessor to review this decision if you think it is wrong.
    If the lessor still refuses your request, you can complain to the external dispute resolution scheme that your lessor belongs to. Further details about this scheme are set out below in question 12.

  11. Can my lessor take action against me?

    Yes, if you are in default under your lease. But the law says that you can not be unduly harassed or threatened for rental payments. If you think you are being unduly harassed or threatened, contact your credit provider's external dispute resolution scheme or ASIC, or get legal advice.

  12. Do I have any other rights and obligations?

    Yes. The law will give you other rights and obligations. You should also READ YOUR LEASE carefully. IF YOU HAVE ANY DOUBTS, OR WANT MORE INFORMATION, CONTACT YOUR CREDIT PROVIDER. YOU MUST ATTEMPT TO RESOLVE YOUR COMPLAINT WITH YOUR CREDIT PROVIDER BEFORE CONTACTING YOUR CREDIT PROVIDER’S EXTERNAL DISPUTE RESOLUTION SCHEME. IF YOU HAVE A COMPLAINT WHICH REMAINS UNRESOLVED AFTER SPEAKING TO YOUR CREDIT PROVIDER YOU CAN CONTACT YOUR CREDIT PROVIDER’S EXTERNAL DISPUTE RESOLUTION SCHEME OR GET LEGAL ADVICE. PLEASE KEEP THIS INFORMATION STATEMENT. YOU MAY WANT SOME INFORMATION FROM IT AT A LATER DATE.
    From Click Here
    Information Valid as of 28 March 2014.

PLEASE NOTE: THIS IS A CONSUMER LEASE - PLEASE SEE CLAUSES 30-32

Lease Agreement Terms and Conditions

THIS LEASE AGREEMENT is made on the date you sign the agreement.

Who are the parties to the agreement?

  • Rent with Style Operations Pty Ltd (Australian Credit Licence Number 429961whose details appear above (referred to in this agreement as the "Owner or we or us"); and
  • The party named in the Schedule as Lessee or you.

How is the agreement between us created?

You have contacted us and requested to rent a household Good. You have completed an application form in which you have provided us with your personal and financial information based on which, we assessed your capacity to pay the rental payments and approved your application.

By this document, we are making an offer to rent the Goods to you and when you sign this agreement, you agree to rent the Goods and abide by these terms and conditions.

The agreement to rent the Goods commences on the date you sign the agreement and will expire in accordance with its term as stated in the Schedule,.

Is this the whole agreement?

This document, together with the Schedule which may be a separate document containing important information about the rental agreement and any direct debit agreement, form the entire agreement between us in relation to the Goods.

Reference to a gender includes the other gender. Terms that are capitalised are defined in the Schedule.

How will our products (main package and accessories – Addons) be delivered to you?

  1. By accepting delivery of the Goods, you confirm that the Goods are the goods you have ordered as are described in the Schedule.
  2. You must inspect the Goods that are delivered to you and advise us without delay whether there is any defect in the Goods. If you do not advise us of any defects in 24 hours ,you accept that the Goods were delivered to you in working order.
  3. We will endeavour to deliver the Goods to you within 15 business days from the date of receipt of:
    1. Receipt of a completed direct debit authority in accordance with clause 10 of this Agreement; and
    2. Duly executed Agreement from you including any supporting documents we require.

    4. However, we cannot guarantee a specific delivery time.

  4. We may, either during the time you make an application to lease the Goods or after commencement of this Agreement, offer you Add-ons. Add-ons are additional ancillary products that you may lease from us which support the Goods.
  5. If you agree to accept the Add-ons, we will issue you a variation notice to this Agreement following which this Agreement will apply to the renting of the Add-ons.
  6. We may, from time-to-time, agree to rent additional products to you. Such arrangement is subject to a fresh application form and receipt of information from you to support the rental of any additional product. When does our agreement with you start and end?
  7. This Agreement commences on the date you sign this document and will come to an end at the End Date. The End Date is determined by the term of the agreement as agreed between the Lessee and the Owner. For example, if the agreement states that the term is 24 months with fortnightly repayments then assuming the Lessee is not in default, the End Date is when the Lessee pays 52 payments.
  8. We may elect to extend the term of the lease if you ask us to do so. If you are or at any time during the term of this agreement you were in default then the End Date will be extended and this Agreement shall continue in operation until it is either terminated or you have repaid all outstanding amounts to us.
  9. The Lessee must pay the Rental Payments for of the Goods in accordance with the repayments information as set out in the Schedule.
  10. The rental Agreement is a fixed term fixed cost agreement unless it is varied by agreement or by law. Therefore, the Rental Payments are fixed for the term of the agreement.
  11. The Lessee must set up either a direct debit authority to ensure regular repayments under this Agreement or a Centrepay deduction schedule which ensures the we receive Rental Payments directly from Centrelink.
  12. Unless we receive a satisfactory payment commitment, we are not obligated to proceed with this Agreement notwithstanding that you executed the lease Agreement Schedule.
  13. It is your obligation to ensure that the nominated account has insufficient funds to meet the Rental Payments. If a Rental Payment fails, you authorise us to continue to endeavour to debit their account from time to time and at any time in order to meet the outstanding Rental Payment. You acknowledge that you may be charged dishonour fees by his or her financial institution if the payment requests are dishonoured.

    14. What happens if you don’t pay us or you are in default?

  14. If you do not pay the Rental Payment on time or you are otherwise in breach of an obligation under this Agreement, this is a default. Accordingly, each of the following constitutes an event of default under this Agreement entitling the Owner to terminate this Agreement following a notice of default and failure of the Lessee to remedy the default;
    1. If the Lessee fails to make the instalment payments;
    2. If the Lessee changes the Lessee's account from which a direct debit is set up and fails to make alternative payment arrangements;
    3. If the Lessee is in breach of any obligation under this Agreement other than payment obligation and such a breach is not remedied within the time frame required;
    4. If any insurance taken by the Lessee in relation to the Goods is cancelled, not renewed or is declared void by the insurer or the courts;
    5. If the Lessee commits an act of insolvency or bankruptcy or enters into any arrangements with creditors that adversely affects their ability to comply with this Agreement;
    6. if you part possession of the Goods; or
    7. if you alter the Goods in any way.
  15. If you are in default under this Agreement, we will give you notice of the default and require that you remedy the default within 30 days of the date of the default notice. The default notice will provide you details of the default, any action required to remedy the default, the date by which the default must be remedied and the date after which enforcement proceeding may commence against you. If you fail to remedy the default, the outstanding amount under this Agreement will become immediately due and payable to the owner. This is an acceleration clause.
  16. If, before the expiry of the default notice, you give us notice requesting a postponement of the enforcement action against you, we must consider the request and advise you within 21 days of the request whether we agree to postpone the enforcement proceeding against you and if we do not agree to postpone then provide you with reasons for the refusal and details of our external dispute resolution scheme and your rights under that scheme. We do not have to agree to postpone enforcement proceedings. . The notice may be in writing or verbal.
  17. The Owner may in writing request from the Lessee information as to the whereabouts of the Goods and if the Goods are not in the Lessee's possession then information as to the person holding the Goods. The Lessee must provide such information to the Owner within 7 days of the notice.
  18. If this Agreement is terminated due to a default of the Lessee, the Lessee must deliver the leased Goods to the Owner in good working order except for reasonable wear and tear. The Owner may collect the leased Goods from the Lessee at the Lessee's costs and subject to prior arrangements.
  19. If the Lessee does not deliver the Goods to the Owner and there is no arrangement in place for the collection of the Goods, it may become necessary for the Owner to gain access to the Lessee's premises. The Owner will provide the Lessee, at that time, with a consent form to be executed by the Lessee giving permission to the Owner to gain access to the Lessee's premises and recover the Goods.
  20. The Owner may only gain access to the Lessee's premises by consent, as required by law or by court order.
  21. The Owner must not exercise any right under the Agreement to take possession of the Goods unless the Owner has given the Lessee 30 days written notice of its intention to do so. However, the Owner is not required to give the Lessee notice if:
    1. The Owner believes on reasonable grounds that the Lessee has disposed of the Goods or intends to dispose of the Goods, contrary to the terms of the Agreement; or
    2. The Owner has made reasonable attempts to locate Lessee without success; or
    3. The Lessee is insolvent; or
    4. The court authorises the Owner to do so.
  22. The Lessee agrees to indemnify and to continue to indemnify the Owner against all losses, costs and expenses the Owner incurs or suffers as a consequence of the Lessee's use of the Goods or a breach of this Agreement including, without limitation, to any loss of rent for the Goods and enforcement expenses and against any claim arising out of the Lessee's use of the Goods.
  23. The Lessee may terminate this Agreement before the Goods were delivered to the Lessee. In this case, the Owner may charge the Lessee or retain, if previously charged, the relevant fees and charges incurred before termination.
  24. If this Agreement is terminated by the Owner due to a default of the Lessee the Lessee will remain liable to the Owner for monies still owing under the Agreement at termination including reasonable enforcement expenses and if the Owner recovers the Goods from the Lessee, the Owner may deal with the Goods as it deems fit.
  25. On termination of this Agreement due to a default by the Lessee:
    1. all monies owing under this Agreement become due and payable immediately; and
    2. until such monies are paid in full, the Owner shall be entitled to charge you interest as set out in the Penalty Interest Rate Act 1983 (Vic).
  26. The Lessee cannot terminate this Agreement before the expiry of the term other than as agreed with the Owner or if the Lessee returns the Goods in their original packs and as new condition or as authorised by law particularly if the Lessee is in default of the Agreement. 0If the Goods are returned to the Owner by agreement under this Clause and the Goods are not in good working order, fair wear and tear excepted, the Owner may charge the Lessee the cost of repairing the Goods and the termination of this Agreement shall not be effective unless and until the Lessee indemnifies the Owner the full cost of repairs of the Goods.

    27. Who is responsible for the Goods?

  27. The Lessee is responsible for the Goods at all times during the term of this Agreement. The Goods must remain in the possession and under the control of the Lessee at all times during the term of this Agreement.
  28. The Lessee must, during the term of this Agreement, have in place an appropriate insurance policy (content) that covers the costs of the Goods or replacement of the Goods in the event the Goods are destroyed in a fire or some other insurable event or the Goods are stolen. The Lessee must provide the Owner with a copy of the certificate of currency within 10 business days after a request by the Owner to inspect the certificate.
  29. The Lessee must, at the Lessee’s own expenses, maintain the Goods in proper working order and condition.
  30. If the Lessee alters the function of the Goods or makes authorised additions to the Goods, the Lessee shall be solely responsible and liable for such changes and additions. The Lessee is solely responsible and liable for any software or application downloaded onto or used by the Goods.

    31. Who owns the Goods?

  31. At all times, title to the Goods shall remain with the Owner. You are a lessee under this Agreement and you have no proprietary right to the Goods.
  32. At the End Date, you must return the Goods to the Owner in proper working order and condition except fair wear and tear.
  33. This Agreement is not an offer by the Owner to pass the Goods to you at the End Date nor is it an agreement for the purchase of the Goods by instalments. You do not have a right to purchase the Goods at the End Date.

    34. What happens at the End Date?

  34. At the End Date and subject to you not being in breach of this Agreement in relation to payments, you may make an offer to the Owner to buy the Goods from the Owner.
  35. Any offer you make to the Owner needs to take into account the market value of the Goods as second- hand goods, the fair value of the Goods to the Owner noting the cost of returning the Goods to the Owner and storing the Goods. We can discuss these issues with you in due course.

    36. Peaceful Possession and Quiet Enjoyment

  36. Provided that the Lessee complies with the terms of this Agreement, the Lessee shall have peaceful possession and quiet enjoyment of the Goods.
  37. The Owner warrants that it has the right to enter into this Agreement.
  38. The Lessee warrants and undertakes that for the term of this Agreement, the Lessee;
    1. will not remove, deface or change the Goods serial number, open its casing, alter its power cord or tamper with the Goods in any way whatsoever.
    2. will not misuse or improperly install or inadequately or improperly maintain the Goods or connect to the wrong voltage or abuse the Goods in any way whatsoever.
    3. will not mortgage or allow the Goods to be mortgaged by any person unless authorised by the Owner.
    4. must not deal with the Goods in any manner that is inconsistent with the Owner's interest in the Goods.
    5. will immediately advise the Owner if they become aware of an issue that may result in a claim against the Owner or the Goods.
    6. acknowledges and agrees that this Agreement constitutes a legally binding and enforceable agreement against the Lessee.

    39. Limited manufacturer's warranty

  39. The Goods carry a limited warranty from the manufacturer, however, nothing in this clause shall limit the Lessee's right under the Australian Competition and Consumer Act 2010 with respect to Goods. To the extent permitted by law, the Owner limits his liability under this Agreement to the resupply or the payment for the resupply of the Goods or the repair or the payment for the repair of the Goods.
  40. If during the term of this Agreement, the Goods break down or require repairs, provided the fault was not the result of an action or omission of the Lessee, the Owner will attend to the repairs of the Goods.

    41. Statement of Account

  41. The Owner will give the Lessee a statement of account, if the term of this Agreement is longer than 12 months then prior to the expiry of the 12 months term and every 12 months thereafter and if this Agreement is not longer than 12 months then the Owner will give the Lessee a statement of account prior to the End Date.
  42. The Owner will not give the Lessee a statement of account if the Lessee is in default under this Agreement and the Owner commenced enforcement proceeding or if the Lessee is a natural person, the Lessee dies or is insolvent unless the trustee in bankruptcy or the personal representative of the Lessee asks for a statement of account.
  43. The Lessee may, at any time, request the Owner to issue the Lessee with a statement of account. The request can be verbal or in writing. The statement of account issued by the Owner under this request will include information about the Lessee's account, any credit and or debits made to the Lessee's account during the statement period, the amount outstanding and any corrections to the account.
  44. If the Lessee asks for a statement of account, the Owner will issue such statement within 14 days of the request. If the request is verbal the statement can be given verbally however if the request is in writing, the statement of account must be in writing.

    45. End of Lease Statement

  45. No later than 90 days before the End Date, the Owner will issue to the Lessee an end of lease statement. The end of lease statement will provide information to the Lessee in relation to the obligations of the Lessee at the end of the lease and any action the Lessee needs to take with respect to the leased Goods. Information includes, the End Date, the date Goods must be returned to the Owner, the liability if Goods are not returned and a statement whether the Owner will be willing to negotiate with the Lessee the sale of the Goods and if so, provide an estimated sale price for the Goods and contact details for the person through whom the sale of the Goods may be negotiated.
  46. The Owner does not have to issue the Lessee an end of lease statement of account if the Lessee is in default of this Agreement and the Owner commenced enforcement proceedings, the Lessee dies or is insolvent and the trustee in bankruptcy or the personal representative of the Lessee did not ask for a statement or the Owner had written of the debt.
  47. The Lessee may request a statement of amounts payable on termination to be issued. The Owner will provide such a statement within 7 days of the request. The statement will contain information about the amounts required to terminate the Agreement, the Lessee's liability if the Agreement is terminated and any information required by law in relation to the Goods and whether the Owner is willing to negotiate the sale of the Goods to the Lessee.

    48. Disputed Amounts

  48. If the Lessee disagrees with any amount debited to the Lessee's account as set out in the statement, the Lessee may dispute that liability. If a statement of accounts is issued, the Lessee must dispute the liability within 30 days after the Lessee receives the statement of account.
  49. If a statement of account is not issued to the Lessee, the Lessee must dispute the liability within 3 months after the End Date.
  50. If the Lessee disputes a transaction in accordance with this clause, the Owner undertakes not to commence enforcement proceedings against the Lessee before the expiry of 30 days from the date the Owner provides the Lessee with an explanation in regard to the account.

    51. Hardship

  51. If the Lessee experiences difficulties or is unable to meet the Lessee's obligations under this Agreement for financial hardship reasons, the Lessee may give notice to the Owner with details of the difficulties or inability. The notice can be given verbally or in writing (Hardship Notice).
  52. The Lessee may request the Owner;
    1. to extend the term of your lease and reduce the Rental Fee; or
    2. to extend the term of your lease and delay the Rental Fees for a set time; or
    3. to delay Rental Fees for a set time.
  53. The Owner may require the Lessee to provide additional information in relation to the Hardship Notice within 21 days of the Owner's request. The Owner requires this information to better assess the Lessee's request for changes to the lease due to hardship. The Lessee must provide this additional information.
  54. The Owner will consider the information given by the Lessee and will advise the Lessee whether the Owner is agreeable to amend this Agreement as requested by the Lessee.
  55. The Owner does not have to comply with the Lessee's request under the Hardship Notice or agree to amend this lease Agreement.
  56. If the Owner agrees to vary this Agreement following the Hardship Notice then the Owner will, no later than 30 days after the agreement to vary is made, give the Lessee a notice settling out the particulars of the change.
  57. If the Owner does not agree to change the Agreement following the Hardship Notice, the Owner will give the Lessee notice and reasons for the refusal. The Lessee may apply to the Owner's external dispute resolution details of which are set out in the Owner's Credit Guide. The Lessee may also apply to the court to change the terms of the Agreement.

    58. Termination on the grounds of hardship

  58. The Lessee may terminate this Agreement at any time before the expiry of the term of this Agreement on the grounds of hardship on the condition that the Lessee successfully proves to the Owner the hardship, the Owner agrees that hardship has been proven and no other resolution can be offered to the Lessee and the Lessee can return the Goods to the Owner in good working order, fair wear and tear excepted. The return of the Goods under this clause discharges the Lessee from his or her obligations under this Agreement.
  59. The Owner is not required to refund the Lessee any Rental Payment paid by the Lessee prior to termination of this Agreement on the ground of hardship.

    60. GST

  60. For the purpose of clauses 59-62:
    1. the expressions Consideration, GST, Recipient, Supply, Tax Invoice and Taxable Supply have the meaning given to those expressions in the GST Act;
    2. GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended); and
    3. Supplier means any party treated by the GST Act as making a Supply under the Agreement.
  61. Amounts payable and consideration provided under or in respect of the Agreement are GST inclusive.
  62. The Lessee must pay the Owner GST as is applicable under the GST Act for a Supply and Rental Fees.
  63. The Owner will provide the Lessee with a tax invoice shortly after entering into this Agreement.

    64. Privacy

  64. This privacy declaration contains important information about our collection, use and disclosure of personal information. Personal information is defined in the Privacy Act as information (or opinion), in any form, about an individual (not a business, company or trust) whose identity is apparent or can be ascertained from the information held.
  65. By signing this Agreement, you agree to the collection, use and disclosure of personal information as set out in this privacy notice.
  66. We undertake to comply with the Privacy Act 1988 (Cth) as amended from time to time and with our privacy policy.
  67. If we collect personal information from you, we undertake to safe guard your personal information and not to use it for any other purpose except to facilitate our relationship and this agreement or as otherwise disclosed herein in relation to marketing.
  68. You may refuse to give us any personal information but if you do refuse, we will not be able to process your application and it will be declined.
  69. In the process of assessing the suitability of this Agreement to you and approving your application we may exchange information about you and disclose personal information to others such as service providers, collection agencies and credit reporting agencies.
  70. You expressly authorise us to liaise with any credit reporting agencies or credit providers and receive from these bodies information about your credit file, credit history and credit worthiness.
  71. We may also collect, store and or disclose information about you to third parties as necessary to manage this Agreement, provide you with additional services, follow your instructions or as required by law.
  72. We may use personal information for the purpose of sending you marketing materials in relation to additional services we provide. You expressly consent to such use. You can tell us at any time to stop sending you information in relation to additional services. You can ask us by calling 1300 73 23 83 or by emailing us on admin@rentwithstyle.com.au.
  73. If you are in default, we may report the default to the credit reporting agencies in compliance with the Privacy Act 1988. We must follow the process described in this Agreement in relation to default and provide you with notice of the pending reporting of the default before we will report your default to the credit reporting agencies.
  74. The credit reporting agencies we use may include: Equifax Pty Ltd.
  75. You have the right to seek access to any information we hold about you. Contact our privacy officer in this regard. We may charge you a fee to access and or correct your personal information that is held with us. You have the right to ask us to correct any information we hold about you if the information is inaccurate or erroneous.
  76. If you believe that your personal information has been mishandled by us or that we have breached our privacy obligations in any way, you can file a complaint with our privacy officer. We will investigate the complaint without unnecessary delays and respond to you.
  77. If you are dissatisfied with the resolution we offered, you may file a complaint with the Office of the Australian Information Commissioner on 1300 363 992.
  78. We may vary this privacy notice and disclosure at any time. If we change this notice and disclosure, we will give you notice of the changes.
  79. The Lessee acknowledge that if this lease Agreement runs its full term, the total cost of the Rental Fee (lease payments) payable by the Lessee under this Agreement is significantly higher when compared to the Recommended Retail Price.

    80. Miscellaneous

  80. This Agreement is subject to the laws of Victoria and Federal Laws such as the National Consumer Credit Protection Act and its Regulations, the ASIC Act and the Privacy Act. If proceeding commence under this Agreement, the Owner will commence the proceeding at the jurisdiction where the Lessee ordinarily resides and the parties submit to the courts of that jurisdiction and any courts taking appeals from these courts. The failure of party to enforce the provisions of this Agreement or to exercise any right expressed in this Agreement is not be a waiver of such provisions or rights and does not affect the enforcement of this Agreement.
  81. This Agreement can only be amended if the amendments are in writing signed by each of the parties. The Owner can vary this Agreement unilaterally if the amendments to the Agreement reduce the Lessee's obligations.
  82. If the parties varied the Agreement by consent, the Owner will issue to the Lessee a notice in relation to the changes to the Agreement. The notice will contain such details as are necessary and required by law. Information includes, the date of change, particulars of change, any fees and charges that are applicable, change of term and the proposed new end date.
  83. Any taxes or stamp duty applicable hereunder will be the responsibility and liability of the Lessee.
  84. Any notice given under this Agreement can be served on the party at their nominated address as set out in this Agreement. Notices are deemed to have been served 7 days after posting or if notices are served by email then on the day it was sent provided the communication was not rejected. Any notice delivered after 5 pm on a business day will be deemed to be delivered the following business day. The Lessee may change their address at any time but the Lessee must notify the Owner of the new address. The Lessee acknowledges and agrees to electronic notices and communication under this Agreement.
  85. The Lessee acknowledges and represents that:
    1. All information supplied to the Owner in order for the Owner to assess the suitability of this Agreement to the Lessee is true and correct and no relevant information has been omitted.
    2. The Lessee has not been induced to enter this Agreement by any statement made by the Owner or any of its representatives which is not included in this Agreement.
    3. The Lessee is satisfied that this Agreement is suitable for his/her requirements and objectives.
    4. The Lessee had the opportunity to obtain legal advice and understand the terms and conditions of this Agreement and had signed this Agreement freely and voluntarily.
  86. If any provision in this Agreement is held to be void, voidable or otherwise unenforceable, this provision shall be severed and the validity and enforceability of the remainder of the Agreement shall be unaffected.
  87. This Agreement :
    1. is the only agreement between the parties in relation to the subject matter and it supersedes any other arrangement or understanding in relation to the subject matter;
    2. cannot be assigned or transferred by the Lessee unless we consent to the assignment. We may impose conditions on the assignment;
    3. may be assigned by us without seeing your consent. We will give you notice if this happens.

    88. Enabling Technology

  88. We reserve the right to install on Goods that are capable of connecting to the Internet, enabling technology. For the purpose of this agreement, enabling technology means a technology that is built into Goods that are capable of connecting to the Internet which enables us to disable the Goods and or communicate with the user of the Goods.
  89. The enabling technology is built into the hardware of the Goods and cannot be disabled and its function cannot be distinguished or isolated from the operation of the Goods.
  90. You acknowledge and agree that we may use the enabling technology in the following circumstances;
    1. in the event of default, we may use the enabling technology to disable the device and render it inoperative;
    2. in the event of default, we may use the enabling technology to send a message to you or the person in possession of the Goods;
    3. in the event of default, we may use the enabling technology to locate the Goods; and
    4. if the Goods are lost or stolen we can use the enabling technology to locate the Goods.
  91. We will not use the enabling technology;
    1. to view any of your information on the Goods;
    2. to use any information on the device;
    3. to transmit or install any information or data on the device; or
    4. collect data.
  92. You can ask us to use the enabling technologies to:
    1. block the use of the Goods rented by You if it is lost or stolen; or
    2. unblock the use of the Goods rented by You.
  93. If the Goods are blocked, the Goods cannot be used to access Mobile Services (except to make calls to emergency 000 or 112 numbers only).