Thank you for applying for a COD 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 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 firstname.lastname@example.org
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.
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.
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.
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.
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.
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.
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.
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.