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)
At CreditorWatch, we take privacy very seriously. We have updated our privacy policy (Policy) to ensure that we communicate to You, in the clearest way possible, how we treat personal information. We encourage You to read this Policy carefully. It will help You make informed decisions about sharing Your personal information with us.
The defined terms in this Policy have the same meaning as in our Terms of Use, which You should read together with this Policy. By accessing our Website and using our Service, You consent to the terms of this Policy and agree to be bound by it and our Terms of Use.
CreditorWatch is a provider of credit reporting services.
The Service involves the storage of Data about a company or individual. That Data can include personal information. “Personal information” is information about an identifiable individual, and may include information such as the individual’s name, email address, telephone number, bank account details, taxation details, and accounting and financial information.
CreditorWatch may collect personal information directly from You when You:
You can always choose not to provide Your personal information to CreditorWatch, but it may mean that we are unable to provide You with the Service.
Through Your use of the Service, CreditorWatch may also collect information from You about someone else. If You provide CreditorWatch with personal information about someone else, You must ensure that You are authorised to disclose that information to CreditorWatch and that, without CreditorWatch taking any further steps required by applicable data protection or privacy laws, CreditorWatch may collect, use and disclose such information for the purposes described in this Policy.
This means that You must take reasonable steps to ensure the individual concerned is aware of and/or consents to the various matters detailed in this Policy, including the fact that their personal information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual’s right to obtain access to that information, CreditorWatch’s identity, and how to contact CreditorWatch.
Where requested to do so by CreditorWatch, You must also assist CreditorWatch with any requests by the individual to access or update the personal information You have collected from them and entered into the Service.
CreditorWatch collects Your personal information so that we can provide You with the Service and any related services You may request. In doing so, CreditorWatch may use the personal information we have collected from You for purposes related to the Services including to:
By using the Service, You consent to Your personal information being collected, held and used in this way and for any other use You authorise. CreditorWatch will only use Your personal information for the purposes described in this Policy or with Your express permission.
It is Your responsibility to keep Your password to the Service safe. You should notify us as soon as possible if You become aware of any misuse of Your password, and immediately change your password within the Service or via the forgot password process.
By using the Service, You agree that CreditorWatch can access, aggregate and use non-personally identifiable data CreditorWatch has collected from You. This data will in no way identify You or any other individual. CreditorWatch may use this aggregated non-personally identifiable data to:
All Data, including personal and non-personal information, that is entered into the Service by You, or automatically imported on Your instruction, is transferred to CreditorWatch’s servers as a function of transmission across the Internet. By using the Service, You consent to Your personal information being transferred to our servers as set out in this Policy.
Currently our servers are located in Australia, primarily by Global Switch Pty Ltd. (Global Switch), and Your personal information will be routed through, and stored on, those servers as part of the Service. Global Switch complies with relevant aspects of the U.S.-EU Safe Harbor Framework and has certified that it adheres to relevant Safe Harbor Privacy Principles. If the location of our servers change in the future, we will update this Policy. You should review our Policy regularly to keep informed of any updates.
By providing Your personal information to CreditorWatch, You consent to CreditorWatch storing Your personal information on servers hosted in Australia. While Your personal information will be stored on servers located in the Australia, it will remain within CreditorWatch’s effective control at all times. The server host’s role is limited to providing a hosting and storage service to CreditorWatch, and we’ve taken steps to ensure that our server hosts do not have access to, and use the necessary level of protection for, Your personal information.
CreditorWatch is committed to protecting the security of Your personal information and we take all reasonable precautions to protect it from unauthorised access, modification or disclosure. Your personal information is stored on secure servers that have SSL Certificates issued by leading certificate authorities Symantec Corporation, and all Data transferred between You and the Service is encrypted.
However, the Internet is not in itself a secure environment and we cannot give an absolute assurance that Your information will be secure at all times. Transmission of personal information over the Internet is at Your own risk and You should only enter, or instruct the entering of, personal information to the Service within a secure environment.
We will advise You at the first reasonable opportunity upon discovering or being advised of a security breach where Your personal information is lost, stolen, accessed, used, disclosed, copied, modified, or disposed of by any unauthorised persons or in any unauthorised manner.
CreditorWatch will only disclose the personal information You have provided to us to entities outside the CreditorWatch group of companies if it is necessary and appropriate to facilitate the purpose for which Your personal information was collected pursuant to this Policy, including the provision of the Service.
CreditorWatch will not otherwise disclose Your personal information to a third party unless You have provided Your express consent. However, You should be aware that CreditorWatch may be required to disclose Your personal information without Your consent in order to comply with any court orders, subpoenas, or other legal process or investigation including by tax authorities, if such disclosure is required by law. Where possible and appropriate, we will notify You if we are required by law to disclose Your personal information.
The third parties who host our servers do not control, and are not permitted to access or use Your personal information except for the limited purpose of storing the information. This means that, for the purposes of Australian privacy legislation and Australian users of the Service, CreditorWatch does not currently “disclose” personal information to third parties located overseas.
If you choose to pay for the Service by credit card, Your credit card details are not stored by the Service and cannot be accessed by CreditorWatch staff. Your credit card details are encrypted and securely stored by Data Vault provided by Commonwealth Bank Of Australia to enable CreditorWatch to automatically bill your credit card on a recurring basis. You should review Data Vault by Commonwealth Bank of Australia to ensure you are happy with it.
It is Your responsibility to ensure that the personal information You provide to us is accurate, complete and up-to-date. You may request access to the information we hold about You, or request that we update or correct any personal information we hold about You, by setting out Your request in writing and sending it to us at privacy@creditorwatch.com.au
CreditorWatch will process Your request as soon as reasonably practicable, provided we are not otherwise prevented from doing so on legal grounds. If we are unable to meet Your request, we will let you know why. For example, it may be necessary for us to deny Your request if it would have an unreasonable impact on the privacy or affairs of other individuals, or if it is not reasonable and practicable for us to process Your request in the manner You have requested. In some circumstances, it may be necessary for us to seek to arrange access to Your personal information through a mutually agreed intermediary (for example, the Subscriber).
We’ll only keep Your personal information for as long as we require it for the purposes of providing You with the Service. However, we may also be required to keep some of Your personal information for specified periods of time, for example under certain laws relating to corporations, money laundering, and financial reporting legislation.
In providing the Service, CreditorWatch utilises "cookies". A cookie is a small text file that is stored on Your computer for record-keeping purposes. A cookie does not identify You personally or contain any other information about You but it does identify Your computer. We and some of our affiliates and third-party service providers may use a combination of “persistent cookies” (cookies that remain on Your hard drive for an extended period of time) and “session ID cookies” (cookies that expire when You close Your browser) on the Website to, for example, track overall site usage, and track and report on Your use and interaction with ad impressions and ad services.
You can set your browser to notify You when You receive a cookie so that You will have an opportunity to either accept or reject it in each instance. However, You should note that refusing cookies may have a negative impact on the functionality and usability of the Website.
We do not respond to or honour “Do Not Track” requests at this time.
CreditorWatch sends billing information, product information, Service updates and Service notifications to You via email. Our emails will contain clear and obvious instructions describing how You can choose to be removed from any mailing list not essential to the Service. CreditorWatch will remove You at Your request.
If You wish to complain about how we have handled Your personal information, please provide our Privacy Officer with full details of Your complaint and any supporting documentation:
Our Privacy Officer will endeavour to:
CreditorWatch reserves the right to change this Policy at any time, and any amended Policy is effective upon posting to this Website. CreditorWatch will make every effort to communicate any significant changes to You via email or notification via the Service. Your continued use of the Service will be deemed acceptance of any amended Policy.
We are subject to the operation of the Privacy Act 1988 (Cth) (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.
Privacy Law means any legislation or administrative requirement (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
In this policy the expressions “we”, “us”, “our” and the “supplier” are a reference to M&J Chickens.
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.
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.
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).
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;
(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; and
(f) 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.
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.
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).
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.
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 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.
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.
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.
Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth)
The contents of this clause come into effect on 22 February 2018.
For the purposes of this clause the following definitions apply:
Act means the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth).
Eligible Data Breach occurs if:
(a) either
(i) there is unauthorised access to, or unauthorised disclosure of Personal Information held by us; or
(ii) Personal Information is lost in circumstances where there is likely to be unauthorised access to or unauthorised disclosure of Personal Information; and
(b) a reasonable person (the definition of which is to be determined by us at our complete discretion for the purposes of this entire clause) would conclude that the access or disclosure would be likely to result in Serious Harm to you to whom the Personal Information relates.
If we take remedial action:
(a) prior to any Serious Harm 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;
(b) prior to any loss of Personal Information resulting in unauthorised access to or disclosure of Personal Information; or
(c) 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,
the access, disclosure, or loss (as relevant) is not, and is never taken to have been an Eligible Data Breach.
Serious Harm means any harm that includes serious physical, psychological, emotional, economic and financial harm, as well as serious harm to reputation and other forms of serious harm that a reasonable person in the position of M & J Chickens would identify as a possible outcome of the Eligible Data Breach. 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.
A. Pursuant to our obligations under the Act if we are aware that there are reasonable grounds to suspect that there may have been an Eligible Data Breach by us, but we are not aware that there are reasonable grounds to believe that the relevant circumstances amount to an Eligible Data Breach we will:
(a) carry out a reasonable and expeditious assessment of whether there are grounds to believe that the relevant circumstances amount to an Eligible Date Breach by us; and
(b) take all reasonable steps to ensure that the assessment is completed within thirty (30) days after we become aware of the reasonable grounds to suspect an Eligible Data Breach.
We note that this assessment requirement does not relate to Eligible Data Breaches made by other entities who may store Personal Information in an online platform provided by us.
B. Pursuant to our obligations under the Act, as soon as we become aware that there are grounds to believe that the relevant circumstances amount to an Eligible Data Breach by us, we must:
(a) prepare a statement that sets out:
(i) our identity and contact details;
(ii) a description of the Eligible Data Breach;
(iii) the kind or kinds of Personal Information concerned; and
(iv) recommendations about the steps that you should take in response to the Eligible Date Breach; and
(b) give a copy of the statement to the Privacy Commissioner.
C. Pursuant to our obligations under the Act, if we are required to provide the Privacy Commissioner with a Statement we must as soon as practicable:
(a) take steps that are reasonable in the circumstances to notify the contents of the statement to each of the individuals to which the Personal Information relates (if this is practicable); or
(b) take steps that are reasonable in the circumstances to notify the contents of the statement to each of the individuals who are at risk of the Eligible Data Breach (if this is practicable); or
(c) if neither of the above apply, publish a copy of the statement on our website and take reasonable steps to publicise the contents of the statement.
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 Australia Pty Ltd ABN 15 153 798 237, the General Partner of the M & J Chickens LLP, a Limited Liability Partnership ABN 36 471 942 124, 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.
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.
Credit Application Terms & Conditions
“Goods” means the goods sold by M & J Chickens to the Customer, including the person filling out this application form.
“PPSA” means the Personal Property Securities Act 2009 (Cth) as amended from time to time and any regulations made pursuant to it.
“Terms and Conditions” means the rules and requirements referred to in this document.
“Trading Address” means location of the business premises which may or may not be the registered or official address of the company.
“Registered Business Address” means the address of the company’s registered office and principal place of business as held by ASIC.
“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.
In these Terms and Conditions, the expressions we, us and our are a reference to M & J Chickens.
Agreement
These Terms and Conditions 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 Terms and Conditions 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 Terms and Conditions and any other agreement or security, these Terms and Conditions will prevail.
Amendments to Terms and Conditions
We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this form or a form with the same subject matter. The Customer’s continued use of this form or any other form following such notification will represent an agreement by the Customer to be bound by the Terms and Conditions as amended.
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 Terms and Conditions.
Ordering Procedure
The Customer may offer to purchase Goods described on this form for the price that the Customer has specified on this form. The Customer may make an offer to purchase Goods in writing, verbally or electronically. The offer may consist of a standing order or may be made from time to time.
The Customer’s order must contain the Customer’s name, email address, credit card details and any other ordering information that is listed on the above form.
We have a minimum amount per order unless otherwise agreed by us in writing. Acceptance of these Terms and Conditions must be received along with the Customer’s order.
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.
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.
We are not required to give reasons for rejecting the Customer’s offer to purchase.
If we reject the Customer’s offer to purchase the Goods for any reason, neither of us will be under any further liability to the other arising out of the Customer’s original offer or our non-acceptance of that offer.
If we have not responded to the Customer within seven days, the Customer’s offer will be deemed to have been rejected.
We give no undertaking as to the availability of products advertised that the Customer may or may not have included on this form.
Delivery of the Goods will be effected in the manner described on this form.
Title in the Goods does not pass to the Customer until payment has been received in full or in accordance with this credit application.
Risk of loss or damage to the Goods passes to the Customer on dispatch.
Payment must be effected in the manner described on this form. 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.
The Goods are offered for sale only to persons who can make legally binding contracts.
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.
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.
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.
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.
Title
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 against the Customer. 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. 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. 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.
Personal Properties Securities Act (PPSA)
The Customer acknowledges that under the PPSA: the acceptance of these Terms and Conditions constitutes a security agreement; the Customer grants us purchase money security interest in the Goods and any proceeds; and we may register a financing statement on the Personal Properties Securities Register (PPSR). The Customer agrees to provide information and do anything reasonably required for us to register, maintain and enforce our security interest.
The Customer must not assign or grant a security interest in respect of any accounts owed to them without our prior written consent.
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:
Section 157- we are not required to give the Customer a verification statement;
Section 144- we are not required to give the Customer notices under sections 95,118,121,130,132 and 135; and
Section 275- we are not required to provide interested persons with information relating to our security interest and neither is the Customer.
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 Terms and Conditions.
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. 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.
Disclaimer
This disclaimer set out in these Terms and Conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
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 this form.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions 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:
(a) If the breach relates to goods,
(i) the replacement of the goods or the supply of equivalent goods; or
(ii) the payment of the cost of replacing the goods or of acquiring equivalent goods.
Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, 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 terms and conditions. In the event we are held liable for whatever reason (which we deny), we will only be limited to 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. 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.
In the event that the Customer breaches these Terms and Conditions, 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. 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. 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 Terms and Conditions.
Payment
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. 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.
Default on Payment
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.
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.
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).
Governing Law
These Terms and Conditions 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.
General
We accept no liability for any failure to comply with these Terms and Conditions.
If we waive any rights available under these Terms and Conditions 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 Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions shall nevertheless continue in full force.
These Terms and Conditions and these Credit Terms are governed by, construed and take effect in accordance with the laws of New South Wales, and M&J Chickens and the Customer irrevocably and unconditionally submits to the non exclusive jurisdiction of the Courts of New South Wales.
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 Terms and Conditions 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 Terms and Conditions 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.