Thank you for applying for a credit account with Whitsunday Foodservice.
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 07 4940 2500
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
For information about our privacy policy please contact us on 07 4940 2500 or email patm@whitsundayfoodservice.com.au
GENERAL
1. Unless the Supplier otherwise agrees in writing and to the extent permitted by law, these terms and conditions supersede and exclude all prior and other discussions, representations (contractual or otherwise) and arrangements relating to the supply of Goods, and contain the only terms and conditions of supply (Terms and Conditions) to which the Supplier will be bound in connection with the supply of Goods to the customer, and the Customer agrees that these Terms and Conditions will in all circumstances prevail over the Customer’s terms of purchase (if any) and any other documentation issued by the Customer.
CREDIT APPLICATION
2. The Supplier may in assessing the Customer’s application for credit or if the application is accepted and subsequently any payment becomes overdue, obtain and exchange personal information and seek from a credit reporting agency or other credit providers or a franchisor under any franchise agreement to which the Customer is a party, information about the Customer’s credit arrangement and the Customer understands that this information may include the Customer’s information regarding credit worthiness, credit history or credit capacity that these parties are allowed to give or receive pursuant to the Privacy Act 1988 (Cth) & Privacy Amendment Act 2012. The Supplier is required to comply with the Australian Privacy Principles (APP) which regulate the manner in which personal information is handled, collected and stored. (Refer to Whitsunday Foodservice website for further information on our Privacy Policy) www.whitsundayfoodservice.com.au
3. The Supplier at its discretion reserves the right to refuse the Customer credit facilities.
4. The Customer must inform the Supplier in writing of any alteration to the Customer’s name, business or corporate structure not less than seven (7) days before the alteration.
PRICES AND PAYMENT
5. Unless otherwise expressly agreed by the Supplier in writing all Goods will be charged at the Supplier’s prices current as at the dates of order. Prices are subject to change without notice.
6. Unless otherwise agreed in writing, payment for all Goods shall be made on or prior to the 15th day of the following month from Statement date from which the Goods are invoiced.
7. Non-payment of any or all Goods by the due date will be considered by the Supplier to be a breach of these Terms and Conditions and, in addition to any other rights, the Supplier may undertake to:
7.1 cancel the Customer’s right to operate a commercial credit account with the Supplier, and
7.2 charge interest on any outstanding amount, calculated from the day following the date upon which payment should have been made, at a rate equal to the Supplier’s then current overdraft rate, as varied from time to time.
8. Monies owed by the Customer to the Supplier shall become due immediately upon the commencement of any act or proceeding in which the Customer’s solvency is involved.
9. The Supplier reserves the right to charge various fees and levies from time to time.
10. The Customer is liable for and must indemnify the Supplier against any and all losses, damages, liabilities costs, charges and expenses suffered or incurred by the Supplier arising directly or indirectly from or in connection with the Customer’s default, failure to pay, or breach of any of these Terms and Conditions and the Customer must pay all such amounts on demand.
ORDERS AND DELIVERY
11. The Supplier reserves the right to refuse a purchase order. The supplier will notify the customer of any such refusal within two (2) working days.
12. Delivery of the Goods shall be considered effected in any manner upon which parties agree. This includes upon unloading at the Customer’s premises or upon collection by the Customer, or their agent or courier.
WARRANTY & LIABILITY
Except where the Customer is a Consumer under the Australian Consumer Law (Schedule 2 Competition & Consumer Act 2010) and the Goods are subject to the Consumers Guarantees and other than as expressly set out in these Terms and Conditions, the Supplier excludes all implied terms, conditions, warranties and guarantees (whether statutory or otherwise) and all liability however arising for any loss or damage whether direct, indirect, special or consequential (including loss of profits or loss of goodwill) arising in any way out of or in connection with the Goods and/or these Terms and Conditions, except to the extent that the Customer suffers direct loss or damage (excluding any indirect, special or consequential loss, loss of profits and loss of good will) as a result of any negligent or willful act or omission of the Supplier.
13. Without prejudice or admission as to the operation of the Australian Consumer Law or any other legislation, if any term, condition, warranty or guarantee is implied into these Terms and Conditions or applies to the Goods which by law cannot be excluded, but may be limited, the Supplier’s liability for any breach of any such term, condition, warranty or guarantee (including to any person claiming through the Customer) is limited, at the Supplier’s option, to:
13.1 The replacement of the goods or the supply of equivalent goods; or
13.2 The payment of the cost of replacing the goods or acquiring equivalent goods.
PROPERTY & RISK – Retention of Title
14. Property in and ownership of the Goods does not pass to the Customer until the Supplier has received payment in full of all monies owing to the Supplier by the Customer on all accounts.
15. The risk of loss or damage to the Goods shall pass to the Customer upon delivery to the Customer or upon collection of the Goods by the Customer or the Customer’s agent or courier (as the case may be).
16. If the Customer fails to pay for any Goods within the period of credit extended by the Supplier to the Customer the Supplier may recover possession of all Goods (in which property has remained with the Supplier) at any site owned, possessed or controlled by the Customer and the Customer agrees that the Supplier has an irrevocable licence to do so without incurring any liability to the Customer or any person claiming through the Customer.
PERSONAL PROPERTY SECURITY ACT 2009
17. The Customer consents to the Supplier maintaining, protecting and perfecting its right, title and interest in any Goods or other personal property supplied by the Supplier to the Customer and the proceeds of such Goods or other personal property, by registration under the PPS Law, and agrees to do anything reasonably requested by the Supplier to enable it to do so (including without limitation amending these Terms and Conditions or executing a new agreement).
18. For the purposes of the PPS Law, the Customer and Supplier contract out of each provision which, under section 115(1) of the PPSA, they are permitted to contract out of (except sections 117, 118, 120, 123, 125, 126, 128, 129 and 134 of the PPSA), and the Customer waives its right to receive each notice or statement which, under section 157(3) of the PPSA, it is permitted to waive.
19. The Customer waives its right to receive anything from the Supplier under section 275 of the PPSA, inclusive of any Verification Statement and/or confirmation of registration of a Financing Statement and agrees not to make any request of the Supplier under that section. The Supplier and the Customer agree for the purposes of section 275(6) of the PPSA that neither of them will disclose information of the kind mentioned in section 275(1) of the PPSA.
20. All costs and expenses arising as a result of actions taken pursuant to clause 19 of these Terms and Conditions will be for the account of the Customer.
FORCE MAJEURE
21. An obligation of the Supplier under these Terms and Conditions (including without limitation the obligation to supply Goods) is suspended for the time and to the extent the Supplier is prevented from or delayed in performing the relevant obligation by any circumstances beyond the reasonable control of the Supplier including without limitation an act of God, war, acts of terror, unlawful acts against public order or authority, restraint of a government agency, strikes, lockouts, raw material shortages, accidents or breakdowns in plant or machinery or failure of delivery by the Supplier’s suppliers (Force Majeure Event).
22. The Supplier shall not under any circumstances be liable to the Customer for any loss or damage suffered or incurred by the Customer arising from or in connection with the Supplier’s failure or delay in performing the relevant obligation.
23. The Supplier may terminate any purchase order or these Terms and Conditions if, in the Supplier’s reasonable opinion, it believes a Force Majeure Event will prevent the Supplier from supplying Goods indefinitely.
TERMINATION
24. These Terms and Conditions shall terminate immediately upon written notice form the Supplier to the Customer.
25. The termination of these Terms and Conditions shall be without prejudice to the rights of either party against the other in respect of anything done or omitted under these Terms and Conditions prior to such termination or in respect of any sum and/or other claims outstanding at the time of termination.
WAIVER
26. Failure by the Supplier to enforce any of these Terms and Conditions shall not be construed as a waiver of any of the Supplier’s rights hereunder or a waiver of a continuing breach. A waiver of any right of the Supplier must be in writing and signed by the Supplier.
ACCEPTANCE
27. Acceptance by the Customer of these Terms and Conditions as amended from time to time may be by any one of the following ways:
27.1 By signing and returning a copy of these Terms and Conditions
27.2 By performing an act that is done with the intention of adopting or accepting these Terms and Conditions after receiving, including but not limited to continuing to order goods.
JURISDICTION
28. The proper law of all agreements arising between the Supplier and the Customer is the law of the State of Queensland and the parties agree that all claims and disputes relating to the Goods shall be determined in the Court of competent jurisdiction nearest Brisbane.