Terms and Conditions

Legal agreement

The following Terms & Conditions (Terms), together with our Privacy Policy are the complete terms of a legal agreement between you and Metcash Food & Grocery Pty Ltd ABN 67 004 391 422 and related entities (Metcash) in relation to your access to and use of this website. By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, do not use this website.

The following terminology applies to these Terms: “You” and “Your” refers to you, the person accessing this website and accepting Metcash’s Terms. “We refers to Metcash. Any use of the above terminology or other words in the singular, plural or capitalisation are taken as interchangeable and therefore as referring to same.

Variation

Metcash may alter these Terms from time to time by posting the altered version on this website. You should visit the website regularly to keep up to date with any alterations. By continuing to use this website, you accept the Terms current at the time you access and use it.

Trading relationship

If you have a trading relationship with Metcash, that trading relationship is governed by a separate agreement between you and Metcash. However, these Terms also apply to your use of this website.

Intellectual property

Material and content displayed on or comprised by this website including text, graphics, logos, button icons, images, the website layout and software is subject to copyright owned by Metcash or its suppliers. That material and content is protected by the Copyright Act 1968 (Cth) and other international copyright laws. Brands, names, images and logos displayed on the website may be the subject of registered trade marks of Metcash or its suppliers and protected by the Trade Marks Act 1995 (Cth) and other international trade mark laws. You may access, display, download and print portions of the website only for personal non-commercial use or for good faith commercial dealings with Metcash, and subject to these Terms. This permission is subject to you not modifying or republishing the content displayed on this site, keeping intact all copyright, trade mark, and other proprietary notices, and any additional restrictions or express exceptions displayed on the website. Any other use of material on this website including the reproduction, modification, distribution, transmission, re-publication or display of the content on this site is strictly prohibited.

Information on the website

Information on this website may or may not change from time to time. It is not promised or guaranteed to be correct, current or complete. This website may contain technical inaccuracies or typographical errors. Metcash assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision based on information on this website.

Advice

This website may contain advice and other tips and information including in relation to nutrition. That advice and information is of a general nature only. It should not be relied on as applying to your specific situation. Obtain specialist advice in appropriate situations.

Third-party material

This website may provide links or references to third party websites (Linked Sites) or display material sourced from a third party (including a product supplier or consumer) (Third Party Material). Metcash is not responsible for and does not endorse: (a) the content of Linked Sites or Third Party Material; (b) any use or misuse of information you may supply to or obtain from a Linked Site or any Third Party Material; or (c) any goods or services offered via Linked Sites. Metcash does not warrant or represent the accuracy, utility or any other characteristic of Third Party Material or information or content appearing on Linked Sites. Metcash is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from this website.

Viruses

You are responsible to protect your computer from malicious or destructive content and programs such as viruses, worms and Trojans, and to protect your information as you deem appropriate.

Use of this website

You agree to comply with all domestic and international laws applicable to your use of this website. Without limitation, you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website, including by uploading or transmitting through the website any viruses, worms, trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of this website or any computer. You must not post on this website any material that is abusive, defamatory, obscene, contrary to law or to the rights of any party. Metcash may block or delete from this website any material you post that Metcash decides contravenes those requirements. You must not impersonate or misappropriate the identity of another person. Use of this website in contravention of these Terms may result in you being banned from the website and being liable to Metcash for breach of contract and/or infringing applicable law.

Links to this website

You may not create a link to any page of this website without our prior written consent.

Disclaimer of warranty

You use this website at your sole risk. To the extent legally permitted, all materials, information, products, programs and services are provided “as is”, with no warranties, conditions, representations or guarantees (Warranties) whatsoever. To the extent legally permitted, Metcash expressly disclaims all implied, statutory and other Warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights. Without limitation, Metcash does not represent or warrant that the functions within this website will be uninterrupted, error-free or secure, that any defects will be corrected, or that the website or the server that makes this website available is free of viruses or other harmful elements. You agree that in using this website you have not relied on any Warranty made by Metcash not expressly contained in these Terms. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.

If applicable law prohibits the exclusion of any of the Warranties referred to above, to the extent legally permitted, Metcash limits its liability for breach of any such Warranties to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at Metcash’s discretion.

Limitation of liability

To the extent legally permitted, Metcash is not liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type related to or arising from: (a) this website; (b) any use of this website or of any site or resource linked to, referenced or accessed through this website; or (c) the use or downloading, or access to, any materials, information, products or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data. These exclusions apply even if Metcash is expressly advised of the possibility of such damages and extend to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and Metcash’s maximum aggregate liability to you for all losses, damages and other amounts referred to in the above exclusions of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$50.00.

Indemnity

You agree to indemnify, defend and hold harmless Metcash from and against all losses, expenses, claims, proceedings and damages of every kind due to or arising out of any violation of these Terms, the rights of another party or any applicable law or arising out of any activity related to your account, by you or any other person accessing this website using your Internet account. The indemnity in this clause extends to and applies for the benefit of Metcash’s officers, directors, employees, agents, contractors, licensors and suppliers.

Password security

If you are allocated a password to access any part of this website, you are responsible to prevent the password being disclosed to any third party.

Privacy

Your privacy is important to Metcash. By providing your details to Metcash via the website, you consent to Metcash maintaining, recording, holding and using that information to process orders, to improve service to customers and to inform you of promotions. Further information about the collection and use of your personal information is contained in our Privacy Policy.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times, open mail, URL requested and referral URL. This information is not shared with third parties. Any individually identifiable information related to this data will not be used in any way different to that stated in these Terms.

Cookies

Like most interactive web sites, this website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our website to enable the functionality of this area and ease of use for the user of this website.

Applicable law

These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts. If any of the terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.