Thank you for applying for a credit account with M & J Chickens.
This online application service has been provided so we can process your application as quickly as possible.
To complete your application, we will ask for the following information to be provided:
If you require any assistance with your application, please contact our accounts department on 02 9550 3611 (option 3)
CreditorWatch Pty Limited ACN (144 644 244) (“CreditorWatch” or “we”, “our” or “us”) is bound by the Privacy Act 1988 (as amended) (“Privacy Act”), including the Australian Privacy Principles. This Privacy Policy sets out how we treat the personal information that we collect, use and disclose and our procedures regarding the handling of personal and sensitive information, including the collection, use, disclosure and storage of information, as well as the right of individuals to access and correct that information.
From time to time, we may revise or update this Privacy Policy or our information handling practices. If we do so, the revised Privacy Policy will be published on our website www.creditorwatch.com.au
CreditorWatch may collect personal information in order to conduct our business, to provide and market our services and to meet our legal obligations. By using our website or our services, or by providing any personal information to us, you consent to the collection, use and disclosure of your personal information as set out in this Privacy Policy.
The types of personal information we may collect and hold includes (but is not limited to) personal information about:
Personal information that we collect and may hold include:
You are not obliged to provide personal information to CreditorWatch. However in many cases, if you do not provide your personal information to us, we may not be able to supply the relevant product or service that you have requested from us.
In some circumstances, you may provide to us, and we may collect from you, personal information of a third party. Where you provide the personal information of a third party, you must ensure that the third party is aware of this Privacy Policy, understands it and agrees to accept it.
If it is necessary to provide specific services to you, we may collect sensitive information about you. Under the Privacy Act, “sensitive information” includes but is not limited to information or an opinion about an individual’s racial or ethnic origin, religious belief, or criminal record and also includes health information about an individual. However, we will only collect sensitive information from you if you agree to provide it to us, you authorise us to obtain it from a third party or where the collection of the information is required or authorised by or under an Australian law or a Court/Tribunal order or otherwise where the collection is not prohibited under the Privacy Act. We will only use sensitive information in accordance with the Privacy Act and for the purpose for which it is provided.
We collect personal information in the following ways:
We may also collect information about you from third party suppliers and government database services.
We store personal information in computer storage facilities and paper-based files. We take steps to protect your personal information against loss, unauthorised access, use modification or disclosure. Some examples of the steps we take to protect your personal information include:
Information that may identify you as a user may be gathered during your access with our website.
Our website includes pages that use ‘cookies’. A cookie is a unique identification number that allows the server to identify and interact more effectively with your computer. The cookie assists us in identifying what our users find interesting on our website.
A cookie will be allocated each time you use our website. The cookie does not identify you as an individual in our data collection process, however it does identify your Internet Service Provider.
You can configure your web browser to refuse cookies. If you do so, you may not be able to use all or part of our website.
CreditorWatch, or its related body corporates in the ATI Group, may collect some personal information that is a government related identifier.
Personal information from identity documents may be provided to the document issuer or official record holder via third party systems for the purpose of confirming your identity, for example, the Australian Government’s Document Verification Service (DVS). Where CreditorWatch does collect government related identifiers, they are maintained on a separate database for audit and compliance purposes.
CreditorWatch may use or disclose a government related identifier where:
We collect, hold, use and disclose personal information for a variety of business purposes including:
We also collect, hold, use and disclose your personal information to:
If you do not wish to disclose your personal information for the purpose of direct marketing or you would like to opt-out of receiving direct marketing communications, you can do so by contacting the CreditorWatch Privacy Officer using the contact details set out below, or by following the instructions to unsubscribe which are contained in a communication that you receive from us.
The ATI Group and Related Companies
The ATI Group includes our parent company Australian Technology Innovators Pty Ltd, LEAP Legal Software Pty Ltd, InfoTrack Group Pty Ltd and their subsidiaries, CNCNA Pty Ltd (trading as eCompanies), InfoTrack Limited (NZ), InfoTrack Group Limited (UK) and its subsidiaries, and LotSearch Pty Ltd. Different companies within the ATI Group provide different services.
The ATI Group may share information with our integration partners to ensure the smooth running of the services which we, and they, provide. These partners include Sympli Pty Ltd, Practice Evolve Group Pty Ltd and its subsidiaries, Legal Software Developments Pty Ltd and its subsidiaries, and other partners as mentioned on our website and updated from time to time. At times, we may need to provide personal information to them to help them run their businesses or for reporting purposes. We may also share your personal information within the wider Australian Technology Innovators Pty Ltd group companies (ATI Group) and with our service providers for the purposes outlined above.
Third Party Service Providers
We may disclose your personal information to third party service providers who assist us in providing the services you request, including public authorities and providers of information services.
We may also disclose your personal information to third parties who work with us in our business to promote, market or improve the services that we provide, including:
We may also combine your personal information with information available from other sources, including the entities mentioned above, to help us provide better services to you.
Where we do share information with third parties, we require that there are contracts in place that only allow use and disclosure of personal information to provide the service and that protect your personal information in accordance with the Privacy Act. Otherwise, we will disclose personal information to others if you’ve given us permission, or if the disclosure relates to the main purpose for which we collected the information and you would reasonably expect us to do so.
As a credit reporting agency, we may share your credit information in accordance with industry consumer credit reporting standards including:
These standards ensure that your personal information in relation to your consumer credit is managed regarding:
We do not presently disclose personal information to any organisations located overseas; however, we do disclose information in Australia, for the purposes described above, to some multinational organisations that are located both in Australia and overseas, including the United Kingdom, the United States and New Zealand.
If you are a resident of the European Union for the purposes of the GDPR, then in addition to what is set out above, the following applies to you.
CreditorWatch is a data controller and processor for the purposes of the GDPR and by your consenting to this Privacy Policy, CreditorWatch is able to process your Personal Information in accordance with this Privacy Policy.
In providing services to you, CreditorWatch may make use of a number of automated processes using your Personal Information and your activity on our site as tracked by us, in order to provide more tailored and relevant services to you.
In addition to your rights set out above, you may update or rectify any of your Personal Information that we hold about you, in the manner described in the “How you can access your personal information” paragraph above.
You have a right to request access to your personal information which we hold about you and to request its correction. You can make such a request by contacting the CreditorWatch Privacy Officer using the contact details set out in this policy.
We will respond to any such request for access as soon as reasonably practicable. Where access is to be given, we will provide you with a copy or details of your personal information in the manner requested by you where it is reasonable and practicable to do so.
We will not charge you a fee for making a request to access your personal information. However, we may charge you a reasonable fee for giving you access to your personal information.
In some cases, we may refuse to give you access to the information you have requested or only give you access to certain information. If we do this, we will provide you with a written statement setting out our reasons for refusal, except where it would be unreasonable to do so.
We will take such steps (if any) as are reasonable in the circumstances to make sure that the personal information we collect, use or disclose is accurate, complete, up to date and relevant.
If you believe the personal information we hold about you is inaccurate, irrelevant, out of date or incomplete, you can ask us to update or correct it. To do so, please contact us using the contact details listed below.
If we refuse your request to correct your personal information, we will let you know why. You also have the right to request that a statement be associated with your personal information that says you believe it is inaccurate, incomplete, irrelevant, misleading or out of date.
If you have any questions about this Privacy Policy, if you wish to correct or update information we hold about you or if you wish to request access or correction of your personal information or make a complaint about a breach by CreditorWatch of the Australian Privacy Principles (including the way we have collected, disclosed or used your personal information), please contact:
CreditorWatch Privacy Officer GPO Box 4029 Sydney NSW 2001 privacy@creditorwatch.com.au 1800 738 524
We will acknowledge and investigate any complaint about the way we manage personal information as soon as practicable. We will take reasonable steps to remedy any failure to comply with our privacy obligations. If you are unhappy with our handling of the complaint, you may contact the Australian Information Commissioner.
Last update: 29 May 2019
Privacy Policy
M&J Chickens Pty Limited (“we, our, M&J, us”) are subject to the operation of the Privacy Act 1988 (Cth) (the Privacy Act). This policy explains how we handle personal information relating to individuals, whether or not they are customers, so as to ensure we meet our obligations under the Privacy Act.
Definitions
Personal Information means information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual, or an individual who is reasonably identifiable in accordance with section 6 (1) of the Privacy Act.
Privacy Law means the Privacy Act, the Australian Privacy Principles, and any other legislation or regulatory administrative requirements (as amended from time to time) imposing an obligation in relation to the collection, use, disclosure, storage and transmission of personal information (including without limitation health information) which is applicable to a party in the performance of its obligations under this document, including without limitation any codes, principles or guidelines contained in or arising out of such legislation.
Terminology
The expressions “you” and “your” and the “customer” refer to each and every individual whose personal information we may handle from time to time.
Any reference to us assuming an obligation under the Privacy Act or other privacy legislation can be interpreted as a reference to us also procuring our subcontractors to undertake a reciprocal obligation to the extent relevant.
Consent
By electing to acquire our services, you will be deemed to consent to us using your personal information in a manner consistent with this privacy policy, including monitoring your use of our website. For the avoidance of doubt, you agree that by consenting (whether inferred or express) we are not in breach of the Spam Act 2003 (Cth) (the Spam Act).
Types of information collected
We only collect Personal Information to the extent that this is reasonably necessary for one or more of our functions or activities as disclosed to you from time to time.
This includes but is not limited to the following kinds of information:
(a) any contact information (including mobile phone numbers, home phone numbers, work phone numbers, email addresses, home addresses, delivery addresses and work addresses etc.); and
(b) credit card or payment details (if relevant).
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Method of Collection
Our preference is to collect Personal Information about an individual direct from that individual unless it is unreasonable or impracticable for us to do so.
Personal Information will generally be collected from the following sources:
(a) our website (including but not limited to when you place an order or contact us directly for any reason);
(b) social media (including but not limited to Facebook, Twitter, Instagram, LinkedIn, Snapchat, etc); and
(c) third parties.
Purposes of collection
Purposes for which we may collect Personal Information include, but are not limited to:
(a) sending news, information about our activities and general promotional material which we believe may be useful to you such as (but not limited to):
(b) monitoring who is accessing the website or using services offered on the website;
(c) profiling the type of individuals who access the website;
(d) due diligence;
(e) promotions and/or competitions;
(f) marketing materials in accordance with the Spam Act; and
(g) to assess any Australian Tax Office obligations that may arise.
If you do not wish to have your Personal Information used in this manner or for any other specific purpose, you can notify us via email accordingly or via our “opt-out” options.
Use and disclosure
We will not use or disclose Personal Information for the purposes other than those connected with the primary purpose of collection, or a reasonably related secondary purpose which we believe you should reasonably expect.
Secondary purposes might include disclosure to maintenance personnel or other third-party contractors (including outsourced and cloud service providers) who may be unable to avoid accessing personal information in the course of providing technical or other support services to our company.
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We utilise cookies which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.
We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this website.
We will preserve the content of any email you send us if we believe we have the legal requirement to do so. Your email message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of email abuse is suspected.
All Personal Information which we collect (including your contact details and, if relevant, credit card details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.
Personal information which we collect may be aggregated for analysis but in such circumstances we would ensure that individuals would remain anonymous.
Customer responsible for obtaining consent and giving notice to individuals
(a) The Customer is responsible for obtaining all relevant consents from, and providing all relevant notices to, individuals whose Personal Information is provided by the Customer to the Supplier in connection with this document so as to ensure that the Supplier’s dealings with that information pursuant to this document comply with the Supplier’s obligations under any Privacy Laws.
(b) The Customer must indemnify the Supplier against, and must pay the Supplier on demand the amount of, all losses, liabilities, costs and expenses arising out of its failure to comply with paragraph (a).
(c) In relation to marketing materials, the Customer acknowledges that it has provided inferred and/or express consent in accordance with the Spam Act.
Disclosure Requests
If you request us not to use Personal Information in a particular manner or at all, we will adopt all reasonable measures to observe your request but we may still use or disclose that Personal Information if:
(a) we subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure;
(b) we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or
(c) we are required by law to disclose the Personal Information.
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Direct marketing
We will not use or disclose Personal Information for the purposes of direct marketing to you unless:
(a) you have consented to receive direct marketing materials; or
(b) you would reasonably expect us to use your personal details for this purpose; or
(c) we believe you may be interested in the material but it is impractical for us to obtain your consent,
in accordance with the Spam Act.
In every instance, we will ensure that our direct marketing material incorporates an option for you to elect to receive no further such communications.
Please note also that even if you have requested not to receive further direct marketing communications, we may nevertheless continue to provide you with information about changes to our terms and conditions for the supply of goods or services, questionnaires and other information. This form of communication is not regarded as “direct marketing” under the Privacy Act.
Opting out of direct marketing and other communication
If you do not wish to have your personal or contact information used for direct marketing, updates on your order status, or other commercial purposes, you may elect to opt out of receiving notifications by:
(a) selecting the ‘unsubscribe’ button that is available and visible at the bottom of our email communications; and
(b) responding ‘STOP’ to text notifications received from our Verizon system regarding your order status or POD;
The opt out facility is freely available and easily visible in all communication sent to you. The opt out facility is not bundled with other purposes for the use of your information not otherwise listed in this policy.
We will action your request to opt out of further communication within five (5) business days from the request in accordance with section 6 of the Spam Act and the Spam Regulations.
Storage of data and overseas disclosure
Typically, we will store Personal Information on our server.
Personal Information in the form of data may be sent offshore to related bodies corporate, as permitted by the Privacy Act, which are located in countries all over the world.
Your Personal Information may also be transferred overseas when the third parties with whom we may share it (as described in this policy) are located overseas.
In addition, it is possible that we, or our subcontractors, will utilise cloud technology in connection with the storage of Personal Information, and it is possible that this may result in off-shore storage.
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It is not practicable for us to specify in advance the location of every service provider with whom we deal. It is possible that information will be transferred to a jurisdiction where you will not be able to seek redress under the Privacy Act and that does not have an equivalent level of data protection as Australia. We will not be accountable for how these overseas recipients handle your Personal Information. By providing your Personal Information to us, you consent to our disclosure of your Personal Information to these parties. If you have any concerns regarding the transfer of your Personal Information overseas please contact us using the details provided below.
Employee records
In accordance with the Privacy Act, this policy does not apply to our acts and practices directly related to a current or former employment relationship between us and an employee, and an employee record held by us relating to the employee.
If, nevertheless, we transfer employee records offshore for any reason, we will comply with cross- border restrictions set out the Privacy Act which apply to the overseas transfer of Personal Information.
Data security
We will take reasonable steps to protect the Personal Information which we hold from misuse or loss and from unauthorised access, modification or disclosure. We will destroy or de-identify Personal Information once we no longer require it for our business purposes.
When using our website you should be aware that no data transmission over the internet can be guaranteed as totally secure. Although we strive to protect such information, we do not warrant the security of any Personal Information that you transmit to us over the internet and you do so at your own risk.
Notifiable Data Breaches
For the avoidance of doubt:
(a) In the event we take remedial action pursuant to the Privacy Act:
(i) prior to any Serious Harm (as defined under the Privacy Act) occurring (from unauthorised access or disclosure) and, as a result of the remedial action, a reasonable person would conclude that the access or disclosure would not be likely to result in serious harm to you;
(ii) prior to any loss of Personal Information resulting in unauthorised access to or disclosure of Personal Information; or
(iii) after the loss of Personal Information results in unauthorised access to or disclosure of that Personal Information, but before the access or disclosure results in any Serious Harm to you and, as a result of the remedial action, a reasonable person would conclude that the subsequent access or disclosure would not be likely or result in Serious Harm to you,
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the access, disclosure, or loss (as relevant) is not, and is never taken to have been an Eligible Data Breach (as defined under the Privacy Act).
(b) Though you may be distressed or otherwise upset at an unauthorised access to or unauthorised disclosure or loss of Personal Information, this would not in itself be sufficient to require notification unless a reasonable person in the position of M & J Chickens would consider that the likely consequences for you would constitute a form of serious harm.
(c) We will endeavour to conduct assessment requirements if and when needed, however this will not apply to the extent that the Eligible Data Breach (as defined by the Privacy Act) was made by other entities who may store Personal Information in an online platform provided by us.
Openness
From time to time, we may change our policy on how we handle Personal Information or the types of Personal Information which we hold. Any changes to our policy will be published on our website. You may obtain a copy of our current policy from our website or by contacting us via the details below. It is your responsibility to check the website from time to time in order to determine whether there have been any changes.
Access, correction and further information
We will take such steps as are reasonable to ensure that the Personal Information which we collect remains accurate, up to date and complete.
We will provide you with access to your Personal Information held by us unless we are permitted under the Privacy Act to refuse to provide you with such access. Please contact us via the details below if you:
(a) wish to have access to the Personal Information which we hold about you;
(b) consider that the Personal Information which we hold about you is not accurate, complete or up to date; or
(c) require further information on our Personal Information handling practices.
Contact Details: M & J Chickens Pty Limited, 28-32 Sloane Street, Marrickville NSW 2204, (02) 9550 3611, nsw@mandjchickens.com.au, Attn: Privacy Policy Officer.
There is no charge for requesting access to your Personal Information but we may require you to meet our reasonable costs in actually providing you with access.
If you consider that the information which we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps, consistent with our obligations under the Privacy Act, to correct that information if you so request.
We will respond to all requests for access and/or correction within a reasonable time.
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Additional Information About Third Party Cookies
M&J relies on partners to provide many features of our sites and services using data about your use of M&J’s site and other sites. We use cookies for the following purposes:
(a) Site Operations: Enabling features that are necessary for providing you the services on our site, such as [identifying you as being signed in, tracking content views so that we can pay the content owners, remembering your preferences, and the number of times you have been shown an advertisement].
(b) Analytics: Allowing us to understand how our services are being used, track site performance and make improvements.
(c) Personalised Advertising: Delivering tailored advertising based on your preferences or interests across services and devices and measuring the effectiveness of ads.
(d) Social Media: Enabling the sharing of content from our services through social networking and other sites.
Complaints
If you have a complaint about the way in which we have handled any privacy issue, including your request for access or correction of your Personal Information, you should advise us via the above contact details.
If you remain unsatisfied with the way in which we have handled a privacy issue, we suggest you approach an independent advisor or contact the Office of the Australian Information Commissioner for guidance on alternative courses of action which may be available. We will provide our full cooperation in the event that you elect to pursue this course of action.
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Credit Application Terms & Conditions
“Business Days” means a day that is not a Saturday, Sunday, public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done.
“Collateral” means all of the Customer’s present and after-acquired personal property, and all of the Customer’s present and future rights in relation to any personal property to which the PPSA applies.
“Force Majeure Event” means circumstances beyond the reasonable control, including (without limitation) strikes, lock-outs, accidents, war, fire, flood, explosion, shortage of power, breakdown of plant or machinery, shortage of raw materials from normal source of supply, act of God or any order or direction of any government, government authority or instrumentality.
“Goods” means the goods sold by M & J Chickens to the Customer, including the person filling out the application form provided by us.
“GST Act” is a reference to A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended.
“GST” means a tax, levy, duty, charge, or deduction together with any related additional tax, interest, penalty, fine or other charge imposed by or under the GST Act.
“Other Property” means any and all of the Customers’ interest(s) in any land and any other property other than any Collateral.
“PPSA” means the Personal Property Securities Act 2009 (Cth) as amended from time to time and any regulations made pursuant to it.
“Registered Business Address” means the address of the company’s registered office and principal place of business as held by ASIC.
“Secured Money” means all amounts of any nature which the Customer (whether alone, or jointly, or jointly and severally with any other person) is, or may at any time become, liable (whether actually or contingently) to pay or deliver to us (whether alone, or jointly or jointly and severally).
“Terms and Conditions” or “T&Cs” mean the rules, conditions, terms and requirements referred to in this document.
“Taxable Supply” has the meaning given in the GST Act.
“Trading Address” means location of the business premises which may or may not be the registered or official address of the company.
In these T&Cs, the expressions we, us and our are a reference to M & J Chickens Pty Limited (ABN 92 626 875 465) trading as M & J Chickens (“M & J Chickens”).
1. Agreement
These T&Cs exclusively and completely state the rights and obligations of the Customer with respect to and concerning the provision of commercial credit by the Customer. This Agreement is formed on the acceptance of these T&Cs by M & J Chickens and supersedes all negotiations, representations, statements, warranties and prior agreements, whether written or oral, in respect of and concerning the provision of commercial credit by the Customer. If there is any inconsistency between these T&Cs and any other agreement or security, these T&Cs will prevail.
2. Amendments to T&Cs
M & J Chickens reserve the right to amend these T&Cs from time to time (including the withdrawal of credit) at any time and will notify the Customer accordingly. Amendments will be effective immediately upon notification. Regardless, the Customer’s continued use of these T&Cs or any other form following such notification will represent an agreement by the Customer to be bound by the T&Cs as amended from time to time.
3. Sale
M & J Chickens hereby agrees to sell to the Customer and the Customer hereby agrees to purchase from M & J Chickens the Goods ordered by the Customer from time to time, in accordance with these T&Cs subject to clause 2.
4. Ordering Procedure
a) The Customer may purchase Goods by making an offer to purchase these Goods in writing, verbally or electronically, which will constitute a valid agreement with M & J Chickens. The offer may consist of a standing order or may be made from time to time.
b) The Customer’s order must contain the Customer’s name, email address, credit card details and any other ordering information that is listed in our forms.
c) M & J Chickens require a minimum amount per order unless otherwise agreed by M & J Chickens in writing.
d) Acceptance of these T&Cs must be received along with the Customer’s order.
e) Within seven days of receipt of the Customer’s order, we will at our discretion accept or reject the Customer’s offer to engage our services.
f) The Customer may not cancel an order once it has been submitted, even if our acceptance or rejection of the Customer’s offer is still pending.
g) We are not required to give reasons for rejecting the Customer’s offer to purchase.
h) In the event we reject the Customer’s offer to purchase the Goods for any reason, neither of us will be under any further liability whatsoever (whether direct or indirect) to the other arising out of the Customer’s original offer or our non-acceptance of that offer.
i) If we have not responded to the Customer within seven days, the Customer’s offer will be deemed to have been rejected.
j) We give no undertaking as to the availability of products advertised.
k) Delivery of the Goods will be effected in the manner advised by us from time to time.
l) Title in the Goods does not pass to the Customer until payment has been received in full or in accordance with this credit application.
m) Risk of loss or damage to the Goods passes to the Customer on dispatch.
n) Payment must be effected in the manner described by us. Prices listed on our website are exclusive of goods and services tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of Goods.
o) The Goods are offered for sale only to persons who can make legally binding contracts.
5. New Customer
If the Customer is new, they are required to make a full payment of their first invoice prior to delivery of any of our Goods. We will not send the Customer anything from the order until payment has been received by us. We will invoice for our freight charges at the time of stock delivery using a freight company. We have complete discretion to select the freight company that we prefer regardless of the costs of shipping which the Customer must pay. We have complete discretion to either reject or accept a request for approval of commercial credit to pay for our Goods.
6. Existing Customer
In the event the Customer is an existing Customer, we may agree to enter into payment terms at our sole discretion. In the event there are any late payments or a default of a payment, we may reserve our right to demand immediately our payment and to revert back to the payment terms as if the Customer was a new Customer and enforce extra obligations upon that Customer.
7. Prices
The Customer acknowledges that the price of Goods will vary from time to time and agrees that the price for the Goods shall be our prevailing price on the day of dispatch. The Customer acknowledges that we reserve the absolute right to vary or amend prices or quotes in relation to future orders placed for the Goods.
8. Alteration to Range
We reserve the right, at its absolute discretion, to add to or remove from the range of products, including the Goods, supplied by us, and may do so at any time without notice to the Customer.
9. Delivery
Delivery shall be made at the place notified by the Customer for that purpose, otherwise it shall be at the Customer’s Trading Address or Registered Business Address. In the event there are delays beyond our control, we are not responsible or liable to the Customer in respect to any claim by the Customer. In the event we deliver Goods to your site, we are not responsible for any damage or claim you may have against us and we will not indemnify you for such damage.
10. Title
a) Title or legal or beneficial ownership of any Goods purchased from us will not pass to the Customer until payment of the Goods have been received by us in full. We reserve all our rights in this clause to claim any damages, indemnity, remedies, action etc whether direct or indirect (amongst other things) against the Customer.
b) For the avoidance of doubt, the Customer agrees that we may register security or a charge in accordance with the Personal Property Securities Act 2009 (Cth) (PPSA) or any other collateral in order to repay any monies owed to us by the Customer. Accordingly, we may register any agreement entered into for the sale of Goods with us or a notification of it or a security interest related to or constituted by such an agreement at the Customer’s expense.
c) In the event that we deem it necessary to obtain the Goods from the Customer’s premises for non- payment, we will be authorised by the Customer and permitted to enter the Customer’s premises and/or place of storage and re-collect and repossess our Goods.
d) Any action of ours (including holding any customer’s keys) will not result in trespass as the Customer irrevocably agrees that we will be allowed to re-collect and repossess our Goods or access the site for any reason. Any costs associated with such recollection and repossession will be paid and reimbursed by the Customer.
11. Personal Properties Securities Act (PPSA)
a) The Customer acknowledges that under the PPSA:
1. the acceptance of these T&Cs constitutes a security agreement;
2. the Customer grants us purchase money security interest in the Goods and any proceeds; and
3. we may register a financing statement on the Personal Properties Securities Register (PPSR).
b) For the avoidance of doubt the Customer will owe Secured Money to us.
c) The Customer agrees to provide information and do anything reasonably required for us to register, maintain and enforce our security interest.
d) The Customer must not assign or grant a security interest in respect of any accounts owed to them without our prior written consent.
12. Grant of Security over Existing and Future Assets
a) The Customer grants to us a security interest in the Collateral.
b) The security interest referred to in clause 11(a) secures:
1) payment of all monies which may become payable by the Customer to us, including but not limited to, the payment or delivery of the Secured Money; and
2) the performance by the Customer of all of the Customer’s other obligations to us at any time;
c) the Customer hereby charges its Other Property both present and future in favour of us and the Customer consents to us lodging a caveat or caveats noting their respective interests pursuant to such a charge.
d) The Customer also agrees, if requested by us, to execute any other documents in registrable form to better secure this equitable charge.
e) The Customer hereby agrees to indemnify us for all legal costs and fees in respect to such charge(s) and caveat(s).
13. Purchase Money Security Interests
a) We retain title to and have a purchase money security interest in all Goods Credit Terms;
b) it will not dispose of, lend, factor, subordinate, part with possession of or otherwise deal with any Collateral or Other Property, nor attempt or threaten to do any of those, other than:
(i) with the prior written consent of us, or as permitted by these T&Cs;
(ii) in the case of Collateral or Other Property that is inventory or money, in the ordinary course of, and for the purpose of carrying on, its ordinary business;
(iii) in the case of Collateral or Other Property that is accounts, to collect in and realise those accounts; or
(iv) in the case of equipment, to replace or renew any equipment (other than serial numbered Goods), in the ordinary course of its ordinary business and for at least equal value and without the creation of a purchase money security interest in such equipment;
c) it will promptly pay all Proceeds from any dealing with the Collateral or Other Property into its usual working current account with the Suppliers or such account as may from time to time be designated by us for that purpose.
14. Provision of information under PPSA not required
The Customer waives the requirement for us to provide information under various provisions of the PPSA. In particular, the Customer agrees that as provided for in:
a) Section 157- we are not required to give the Customer a verification statement;
b) Section 144- we are not required to give the Customer notices under sections 95,118,121,130,132 and 135; and
c) Section 275- we are not required to provide interested persons with information relating to our security interest and neither is the Customer.
15. Terms defined in the PPSA
Terms defined in the PPSA (including purchase money security interest, verification statements, proceeds and various other terms) have the same meaning when used in these T&Cs.
16. Cancellation due to Error
The Customer acknowledges that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that the Customer’s order has been confirmed and the Customer’s credit card has been charged or any other way in which payment is charged to the Customer. We reserve this right up until the time of delivery of goods or supply of the services to the Customer. If a cancellation of this nature occurs after the Customer’s credit card or any other type of payment has been charged for the purchase, we will immediately issue a credit in a way and form at our sole discretion for the amount in question.
17. Credit Reports
a) The Customer and each person signing as guarantor of the Customer’s obligations under the credit application (each a “Guarantor”) acknowledges and agrees that each of the Customer(s) and any related bodies corporate:
1) may give certain information about them to a credit reporting body or other credit providers (including related bodies corporate of M & J Chickens) in order to obtain a credit report about them that may include but is not limited to, as relevant, identity particulars and the fact that the Customer has applied for credit or the Guarantor has offered to act as a guarantor; and
2) may, in assessing whether to grant the Customer’s credit application or whether to accept the Guarantor as a guarantor, seek and obtain information about them from a credit reporting body or another credit provider and may give information about them to another credit provider, including information about credit worthiness, history, standing or capacity which credit providers are permitted by Privacy Act 1988 (Cth) to obtain or receive; and
3) without limiting clauses 14(a)(1) and (a)(2), if M & J Chickens or any related body corporate considers it relevant to assessing whether to grant the Customer’s credit application or whether to accept the Guarantor as a guarantor, seek and obtain personal credit information, or a credit report containing personal credit information, about them from a credit reporting body or another credit provider and may give personal credit information about them to another credit provider.
18. Disclaimer
a) This disclaimer set out in these T&Cs does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
b) We do not accept responsibility for any loss or damage, however caused (including through negligence), which the Customer may directly or indirectly suffer in connection with the Customer’s order or any linked website, nor do we accept any responsibility for any such loss arising out of the Customer’s use of or reliance on information contained on or accessed through any form.
c) To the extent permitted by law, any condition or warranty which would otherwise be implied into these T&Cs is hereby excluded. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed only to the extent that it is required by law then it will only be limited for a breach of that condition or warranty to one or more of the following in relation to if the breach relates to goods:
1) the replacement of the goods or the supply of equivalent goods; or
2) the payment of the cost of replacing the goods or of acquiring equivalent goods.
d) Except in relation to liability for personal injury (including sickness and death) capped at a maximum amount detailed in our insurance policies, and except as otherwise stipulated in these T&Cs, we will not accept liability to the Customer in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by the Customer or which may arise directly or indirectly in respect of goods supplied pursuant to an order placed on this website or in respect of any failure or omission on our part to comply with our obligations as set out in these T&Cs.
e) In the event we are held liable for whatever reason (which we deny), we will only be limited by our insurance cover. For the avoidance of doubt, we cannot be held liable for any amounts that are in excess of our capped insurance coverage.
f) Notwithstanding this clause and without affecting the transfer of title above, the risk of deterioration shall be the Customer’s from delivery. From delivery, the Customer shall properly handle and store the Goods so as to minimise deterioration.
g) In the event that the Customer breaches these T&Cs, then in addition to our rights on Breach, we may (at its option) enter the premises of the Customer and retake possession of the Goods without prior notice to the Customer.
h) The Customer hereby irrevocably grants the lawful representative of us access to the Customer’s premises for the purposes of repossessing the Goods as herein provided.
i) The Customer indemnifies us against any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment which we suffer, incur or is liable in respect of us exercising our right under this clause or in respect of the Customer breaching its obligations under these T&Cs.
19. Payment
a) Payment is to be made by way of a form at our discretion, unless we approved credit facilities for the Customer; and is to be made by the Customer to us unless otherwise specified in writing by us.
b) Payment is to be made for all deliveries by us to the Customer whether or not the Customer has signed the accompanying invoice and/or delivery docket.
20. Commercial Credit
Where the Customer is a natural person, the Customer warrants and declares that the credit provided under the credit account is to be applied wholly or predominantly for business or investment purposes (or for both purposes) and not for personal, domestic or household purposes.
21. Default on Payment
a) Should the Customer default in the payment of any monies due and payable to us, then the total of all monies due to us from the Customer shall immediately become due and payable. The Customer shall pay or reimburse any expenses, costs or disbursements incurred or paid by us in recovering outstanding monies including bank charges, debt collection agency fees and commissions and solicitor’s costs.
b) In consideration of M & J Chickens agreeing to supply goods and services to the customer, I/we agree to jointly and severally personally guarantee the performance of all obligations and payment of all debts incurred by the customer. This is a continuing and irrevocable guarantee for all monies which are now or may be from time to time owing or remain unpaid by the customer.
c) If any amount due and payable by the Customer:
1) under the sales conditions or Credit Terms; or
2) to any related body corporate of us, is not paid on or before the due date, all amounts actually or contingently owing under the Sales Conditions and Credit Terms, whether or not due and payable, become immediately due and payable to us.
22. Interest
When the Customer pays subsequent to delivery (or where credit facilities have been approved by us, then from expiration of the credit period allowed for payment), interest shall accrue on all monies payable but unpaid at the current bank rate plus 3% per annum simple interest calculated daily from the due date of payment until the date of actual payment.
23. Insurance
In the event the Customer is purchasing our Goods in bulk for business and commercial purposes, then the Customer warrants that our goods that we have delivered to the Customer are insured and protected by a mutual arrangement to our satisfaction. In the event we require such insurances, the Customer must deliver to us all insurance policies and certificates of insurance or schedule or certificate of mutual risk protection contribution at least three (3) Business Days after the Customer has signed this credit application and/or on request from us and not to do or permit anything to be done which prejudices any insurance policy or mutual risk protection (whether it prejudices our insurance policies or the Customer’s insurance policies).
24. Breach
If the Customer:
a) breaches the Credit Terms or sales conditions;
b) makes any false representation (whether by act or omission) in respect of the Customer’s application for credit, including any false representation (whether by act or omission) in relation to the Customer’s financial position; or
c) becomes subject to the provisions of clause 25 of these T&Cs, then, without limiting any other rights of us, we may:
1) terminate the Credit Terms; and/or
2) refuse to supply any Goods to the Customer.
25. Receiver
a) We may (whether or not they have exercised any other power) appoint any person or persons to be Receiver of all or any of the Collateral:
1) after a Default occurs; or
2) if the Customer requests.
b) We may remove any Receiver and may appoint a new Receiver in place of any Receiver who has been removed, retired or died.
c) In addition to, and without affecting, any other powers and authorities conferred on a Receiver (whether under the Corporations Act 2001 (Cth) or at law or otherwise), a Receiver has the power to do all things in relation to the Collateral and the Customer’s business as if the Receiver has absolute ownership of the Collateral and carried on the Customer’s business for the Receiver’s own benefit.
d) All amounts received by us or any Receiver, whether in the exercise of that person’s powers or otherwise, in relation to any Collateral will be applied in accordance with the provisions of the PPSA. All amounts received by us or any Receiver, whether in the exercise of that person’s powers or otherwise, in relation to any Other Property will (subject to the claims of all secured and unsecured creditors (if any) ranking in priority over that Other Property) be applied:
1) first, in payment of all expenses (including legal expenses on a full indemnity basis and all taxes thereon and the remuneration of the Receiver, but subject to any direction in respect thereof made by any court); and
2) secondly, in payment to us of the Secured Money.
26. GST
In addition to any GST included in the Purchase Price of the Goods, the Customer must pay to us on demand any GST payable in relation to any other Taxable Supplies which is subject to these conditions. a) If any part of the Purchase Price is referable to both a Taxable Supply and anything that is not a Taxable Supply, the GST-exclusive portion of the Purchase Price will be determined by us.
b) If we determine on reasonable grounds that the amount of GST referable to any Taxable Supply which is subject to these conditions differs for any reason from the amount of GST included in the Purchase Price, the amount of GST payable by the Customer will be adjusted accordingly and recovered from the Customer or credited to the Customer’s account as appropriate. Where we have paid the difference between the two amounts to the Commissioner of Taxation, whether or not as part of a larger sum, no amount will be paid to the Customer under this clause unless we are entitled to a refund or credit of such amount from the Commissioner of Taxation.
27. Containers
a) Containers owned by us at all times remain the property of ours. We retain the right of possession of any containers not owned by them. Property to the Containers does not pass to the Customer in any circumstances.
b) All Containers are delivered to the Customer at its risk and the Customer must ensure that the Containers are kept clean, not damaged, and are returned on request of us, or such other person as we may request, in good condition.
c) We will keep a record of the number and type of Containers delivered to the Customer (which the Customer agrees will be conclusive evidence of the number and type) and may charge the Customer for the replacement cost or such lesser amount determined by us for each Container not returned or damaged by the Customer.
d) The Customer indemnifies us against, and must pay us on demand, the amount of all losses, liabilities and expenses arising out of or in connection with the possession or use of all Containers (delivered by us) by the Customer . For the purpose of this indemnity, the Customer is deemed to be in possession of a Container from the time of delivery by us until we or the owner of the Container physically resumes possession.
28. Force Majeure Events
a) We may suspend delivery or reduce the amount to be delivered if they are unable to deliver the Goods by reason of a Force Majeure Event.
b) If the effects of the Force Majeure Event continue for more than one calender month, we at our absolute discretion may terminate any agreement for supply of Goods to which these terms and conditions apply. c) The Customer will have no claim against us for any damages, loss, costs or expenses arising from delay or cancellation under this clause.
29. Governing Law
These T&Cs are governed by the laws in force in Australia. The Customer agrees to submit to the exclusive jurisdiction of the courts of New South Wales.
30. General
We accept no liability for any failure to comply with these T&Cs.
If we waive any rights available under these T&Cs on one occasion (provided we have done so expressly in writing), this does not mean that those rights will automatically be waived on any other occasion. If any of the T&Cs are help to be invalid, unenforceable or illegal for any reason, the remaining T&Cs shall nevertheless continue in full force.
I/We have read and accept the terms governed by M&J Chickens.
Applicant’s Name: ...................................................... Signature:............................................................... Date:
DECLARATION, AUTHORITY & CONSENT
The Applicant and signatories appearing below declare that all information supplied is true and correct in every detail and also that the signatories are authorised by the Applicant to complete this application and further acknowledge that if credit is granted by us to the Applicant that this will be done in reliance upon the information supplied by the Applicant. We cannot be held liable for any false information that has been provided by the Applicant on this Application.
The Applicant and signatories below acknowledge that they understand the T&Cs and Credit Terms in this Application (along with any other documentation provided by us), that they have had the opportunity of obtaining independent legal advice prior to submitting this Application and that they are separately and together bound by the Credit Terms and the T&Cs and any other relevant documentation.
The Applicant and signatories further authorise and consent to us obtaining and disclosing information about the Applicant’s credit worthiness (including identity particulars and details of overdue payments) to and from credit reporting agencies and other credit providers who have entered or intend to enter into a commercial or business dealing with the Applicant.
A copy of all relevant proof and evidence must accompany this Application for credit.
Signed on behalf of the Applicant by (please tick) SHAREHOLDERS PARTNERS SOLETRADER AUTHORISED OFFICER
Signature Print Name and Title
CONTACT DETAILS - Personal Details Of Sole Trader/Partnership/Company Full Name
Date of Birth
Driver’s Lic. No.
State Exp. Date