IGA Refer A Friend – Win An iPhone 12 For You & Your Mate Terms & Conditions (“Conditions of Entry”)

Promotion: 

IGA Refer A Friend – Win An iPhone 12 For You & Your Mate

Promoter:

Metcash Trading Limited – ABN 61 000 031 569, 1 Thomas Holt Drive, Macquarie Park, NSW 2113, Australia. Ph: 97413000

Promotional Period:

Start date: 30/07/21 at 12:00 pm AEST

End date: 15/08/21 at 11:59 pm AEST

Eligible entrants:

Entry is only open to Australian (excluding TAS) residents who are 18 years and over who are subscribed to the Promoter’s database.

Individuals can subscribe to the Promoter’s database via iga.com.au/refer-a-friend or by following the links on the Promoter’s ‘Refer a Friend’ Facebook advertisement.

How to Enter:

To enter the Promotion, individuals who are existing subscribers to the Promoter’s database must follow the prompts in the referral email (as sent by the Promoter) to share their unique referral link with a friend. For each friend that follows the unique referral link to access and sign up to the Promoter’s database, the existing subscriber (i.e. the referring friend) will receive one entry into the draw. The referred friend will also be eligible to win a prize.

For the sake of clarity, individuals who sign up to the Promoter’s database during the Promotional Period will also then receive a referral email with their own unique referral link and be able to refer subsequent friends themselves to receive a further entry into the prize draw.

All email addresses must be valid and entrants must remain subscribed to the Promoter’s database up until the date the prize is drawn. In the case that either the referring friend or the referred friend unsubscribes prior to the draw the corresponding referring friend/referred friend’s entry will be declared invalid. Invalid addresses will automatically be disqualified.

Entries permitted:

One entry will be awarded per person for each referred friend who follows the prompts to sign up to the Promoter’s database.

The entrant is eligible to win a maximum of one (1) prize (excludes SA residents).

Total Prize Pool:

AUD $4,452.72

Prize Description:

Prize 1

The prize is a black 64GB Apple iPhone 12 MGJ53X/A.
The prize will be delivered by mail.
Apple is not a sponsor or participant in this Promotion.

Number of this prize:

2 (one for the referring friend and one for their referred friend)

Value (per prize):

AUD$1,226.36

Winning Method:

Draw: computerised random selection – 23/08/21 at 10:00 am AEST

Prize 2

The prize is a $20 IGA gift card, redeemable at participating IGA Stores.

The prize will be delivered by mail.

Number of this prize:

100 (50 prizes allocated to the referring friend and 50 prizes allocated to their referred friend)

Value (per prize):

AUD$20.00

Winning Method:

Draw: computerised random selection – 23/08/21 at 10:00 am AEST

Gift Card Prize Conditions:

Any ancillary costs associated with redeeming the gift card are not included. Any unused balance of the gift card will not be awarded as cash. Redemption of the gift card is subject to any terms and conditions of the issuer including those specified on the gift card.

Winner notification:

The winners will be contacted by email within seven (7) days of the draw. Prize 1 winners will be published at www.iga.com.au/refer-a-friend/ within 5 days of the draw.

Unclaimed Prizes:

Prizes must be claimed by 24/09/21 at 9:00 am AEST. In the event that Prize 1 is not claimed, the prize will be redrawn on 24/09/21 at 10:00 am AEST at Plexus, Level 4, 411 Collins Street, Melbourne VIC 3000. The winners of the redraw will be notified by email within seven (7) days of the redraw. The winners will be notified publicly (and their details published) at www.iga.com.au/refer-a-friend/ by 29/09/21.

If there are no prize winner/s or winner/s for this Promotion cannot be found, this information will be published at https://www.iga.com.au/terms/.

Other Terms:

  1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
  2. The Promotion commences on the Start Date and ends on the End Date (“Promotional Period”). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
  3. Valid and eligible entries will be accepted during the Promotional Period.
  4. Employees (and their immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. “Immediate family member” means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
  5. Draw:
    1. The draw will take place at Plexus, Level 4, 411 Collins Street, Melbourne VIC 3000 at 10:00 am AEST on 23/08/21 using computerised random selection.
      1. The first valid entry drawn will win Prize 1, as specified in the Schedule above (for both the referring friend and the referred friend).
      2. The next 50 valid entries drawn will win Prize 2, as specified in the Schedule above (for both the referring friend and the referred friend).
    2. The draw conductor may draw additional reserve entries, in the case an invalid entry or entrant is drawn.
    3. If a draw is scheduled on the weekend or a public holiday, the draw will be conducted at the same time and location on the following business day. The Promoter will ensure each draw is open for public scrutiny and anyone may witness the draw on request. The winner of a drawn prize is determined by chance.
  6. All reasonable attempts will be made to contact each winner.
  7. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.
  8. The value of the prizes is accurate and based upon the recommended retail value of the prizes (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prizes after that date.
  9. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.
  10. If a prize is unavailable the Promoter reserves the right to substitute the prize to a prize of equal or greater value and specification, subject to any written directions of a regulatory authority.
  11. No entry fee is charged by the Promoter to enter the Promotion.
  12. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
  13. Entrants’ personal information will be collected by the Promoter. Personal information will be stored on the Promoter’s database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at https://www.iga.com.au/privacy/. The Promoter’s privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants’ personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia.
  14. For the purposes of public statements and advertisements, the Promoter may only publish the winner’s surname, initial and State/Territory or postcode of residence.
  15. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
  16. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
  17. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
  18. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant’s details (including an entrant’s identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter’s discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
  19. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision will be final.
  20. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  21. The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
  22. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
  23. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
  24. Authorised under: ACT Permit No TP 21/01287

Farmer Wants A Wife Subscribe & Win Terms & Conditions (“Conditions of Entry”)

Promotion:
Farmer Wants A Wife Subscribe & Win

Promoter:
Metcash Trading Limited ABN 61 000 031 569, 1 Thomas Holt Drive, Macquarie Park, NSW 2113, Australia.

Promotional Period:
Start date: 06/07/21 at 12:01 am AEST
End date: 10/08/21 at 11:59 pm AEST

Entry Periods:
Week 1   Entries Open – 06/07/21 at 12:01 am AEST     Entries Close – 13/07/21 at 11:59 pm AEST
Week 2   Entries Open – 14/07/21 at 12:00 am AEST     Entries Close – 20/07/21 at 11:59 pm AEST
Week 3   Entries Open – 21/07/21 at 12:00 am AEST     Entries Close – 27/07/21 at 11:59 pm AEST
Week 4   Entries Open – 28/07/21 at 12:00 am AEST     Entries Close – 03/08/21 at 11:59 pm AEST
Week 5   Entries Open – 04/08/21 at 12:00 am AEST     Entries Close – 10/08/21 at 11:59 pm AEST

Eligible entrants:
Entry is only open to ACT, NSW, NT, QLD, SA, VIC and WA residents who are 18 years and over.

How to Enter:
To enter the Promotion, the entrant must, during the Promotional Period, successfully sign up to IGA’s email newsletter at IGA.COM.AU/perfectpartners-competition or via a promotional Facebook ad.  As part of the entry form the entrant must provide their personal details as requested, agree to these terms of conditions and agree to receive marketing communications from IGA.

Entries permitted:
Limit one (1) entry per email address for each Entry Period.

The entrant is eligible to win a maximum of five (5) prizes – maximum of one (1) prize per Entry Period (excludes SA residents). By completing the entry method, the entrant will receive one (1) entry.

Total Prize Pool:
AUD $5,000.00

Prize Description
The prize is a $250.00 gift card IGA, redeemable at participating IGA Stores.

The winner will be required to provide their full name, shipping address and phone number upon email notification to issue their gift card and send their prize. All emails must be valid as this will be the method the Promoter contacts the winners. Invalid email addresses are automatically disqualified and forfeit their entry and any right to a prize.

Number of this prize
20 (4 per Entry Period)

Value (per prize)
AUD$250.00

Winning Method
Weekly Draw: computerised random selection – from 16/07/2021 to 13/08/2021 at 03:00 pm AEST. 4 prizes per draw.

Conditions
Any ancillary costs associated with redeeming the gift card are not included. Any unused balance of the gift card will not be awarded as cash. Redemption of the gift card is subject to any terms and conditions of the issuer including those specified on the gift card.

Winner notification:
The winners will be contacted by email within fourteen (14) days of the draw.

Unclaimed Prizes:
Prizes must be claimed by 14/09/21 at 03:00 pm AEST. In the event of an unclaimed prize, the prize will be redrawn on 14/09/21 at 03:00 pm AEST at Plexus, Level 4, 411 Collins Street, Melbourne VIC 3000. The winners of the redraw will be notified by email within fourteen (14) days of the redraw.

If there are no prize winner/s or winner/s for this Promotion cannot be found, this information will be published at iga.com.au/perfectpartners-competition.

  1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
  2. The Promotion commences on the Start Date and ends on the End Date (“Promotional Period”). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
  3. Valid and eligible entries will only be accepted during the Promotional Period.
  4. Employees (and their immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. “Immediate family member” means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
  5. Weekly Draws
    1. The weekly draws will take place at Plexus, Level 4, 411 Collins Street, Melbourne VIC 3000 at 03:00 pm AEST on the dates outlined below by computerised random selection. Non-winning entries in each weekly draw will not be entered into any subsequent weekly draw/s.
Draw Entries Open Entries Close Draw Date
1 06/07/21 12:01 am AEST 13/07/21 11:59 pm AEST 16/07/21
2 14/07/21 12:00 am AEST 20/07/21 11:59 pm AEST 23/07/21
3 21/07/21 12:00 am AEST 27/07/21 11:59 pm AEST 30/07/21
4 28/07/21 12:00 am AEST 03/08/21 11:59 pm AEST 06/08/21
5 04/08/21 12:00 am AEST 10/08/21 11:59 pm AEST 13/08/21
  1. The first four (4) valid entries drawn in each weekly draw will be the winners of the prizes specified in the Schedule above for that draw.
  2. The Promoter may draw reserve winners in case of ineligible or invalid entries.
  1. If a draw is scheduled on the weekend or a public holiday, the draw will be conducted at the same time and location on the following business day. The Promoter will ensure each draw is open for public scrutiny and anyone may witness the draw on request. The winner of a drawn prize is determined by chance.
  1. All reasonable attempts will be made to contact each winner.
  2. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.
  3. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.
  4. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and specification, subject to any written directions of a regulatory authority.
  5. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their Internet service provider.
  6. Each prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
  7. Entrants’ personal information will be collected by the Promoter. Personal information will be stored on the Promoter’s database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at http://www.metcash.com/legal/privacy-policy/. The Promoter’s privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants’ personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia.
  8. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of a prize, if the Promoter determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that a winner may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize.
  9. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
  10. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
  11. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
  12. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant’s details (including an entrant’s identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter’s discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
  13. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision will be final.
  14. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  15. The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
  16. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
  17. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
  18. Authorised under: ACT Permit No. TP21/01106.

IGA General 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

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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.