1.1 In this Agreement:
- Agreement means these terms and conditions of use.
- Including and similar words are not words of limitation.
- Metcash means Metcash Trading Limited (ABN 61 000 031 569).
- Related Entity has the meaning given in the Corporations Act 2001 (Cth).
- Site means this website.
- Tools means the functionality of the Site.
2. Use of the Site
2.1 These terms and conditions govern your use of this Site. Your use of the Site will mean that you accept these terms and conditions.
2.2 You must use the Site in accordance with this Agreement. You may use this Site only for your personal and non-commercial purposes. You must not bypass any security mechanisms imposed by the Site or use the Site in any manner or for any purpose that is unlawful or in any manner that violates any rights of Metcash.
2.3 You expressly understand and agree that your use of the Site is at your sole risk and that the Site is provided “as is” and “as available”.
3.1 By using this Site, you agree to the Privacy Policies of Metcash and its Related Entities, the terms of which are relevantly set out at http://www.metcash.com and http://www.metcash.com/legal/terms-conditions/. Metcash’s Privacy Policies explain how Metcash will treat your personal information.
4.1 The Trade Practices Act 1974 (Cth) and all corresponding State and Territory legislation imply terms, conditions and warranties into some contracts for the supply of goods and services and prohibit the exclusion, restriction and modification of such terms (Prescribed Terms). Except as provided for by the Prescribed Terms:
- the Site (including the Tools and all information and data provided on the Site) is provided on an “as is” basis without any warranties of any kind;
- Metcash expressly disclaims all warranties of any kind, including implied warranties of merchantability and fitness for a particular purpose;
- Metcash (including its directors, officers, employees and agents) does not warrant that your access to the Site will be uninterrupted or that the Site will operate error free, that any defects will be corrected or that the Site and its servers are free of computer viruses and other harmful data, code, components or other material;
- Metcash (including its directors, officers, employees and agents) does not warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Site, including information and data entered into or provided by the Site, or that it will give notice of such use, modification or alteration; and
- Metcash (including its directors, officers, employees and agents) does not warrant or make any representations about the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Site, including the Tools and all information and data provided on the Site, and all statements made on the Site in relation to the products and services of third party entities.
4.2 Your use of the Site, including the Tools and all information and data provided on the Site, is at your risk.
5. Advertising and links to other web sites
5.1 The Site contains links to third party sites (Linked Sites). Linked Sites are not under the control of Metcash, and Metcash is not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site (Secondary Link). Metcash provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by Metcash nor any directors, officers, employees or agents of Metcash. Where you link to a Linked Site or to a Secondary Site, you do so entirely at your own risk.
5.2 The Site also contains third party advertisements including banner ads, third party logos, images and information, material, documents and statements relating to or provided by third parties (Third Party Material). Metcash does not recommend or endorse the products or services of those third parties. In some instances the Third Party Material may contain representations or offers including links to the third party’s website in relation to executing the relevant transaction, and also the ability to request further information. The third party is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
5.3 Except as provided for by the Prescribed Terms, neither Metcash nor its directors, officers, employees or agents of Metcash give any representation or warranty as to the reliability, accuracy or completeness of any Third Party Material on the Site, or information about a third party included on the Site, third party websites, Linked Sites or Secondary Linked Sites, nor do they accept any responsibility arising in any way (including negligence) for errors in, or omissions from, such Third Party Material, third party websites, Linked Sites or Secondary Linked Sites.
6.1 To the extent permitted by law, Metcash excludes all liability for any loss or damage, including any consequential loss or indirect loss, loss of data or loss of profits, arising in relation to use of the Site (including the inability to use the Site), whether or not caused by the negligence of Metcash or a Related Entity of Metcash, and whether or not the possibility of loss was known to Metcash or any Related Entity of Metcash.
6.2 You are solely responsible for:
procuring and maintaining the internet connection between you and the Site in order to use the Site (Internet Connection);
ensuring the security of the Internet Connection, including avoiding exposure to computer viruses and other harmful data, code, components or other material; and
taking and continuing to take, such action as is necessary to ensure the security of the Internet Connection.
6.3 You release and discharge Metcash and all Related Entities of Metcash from all claims, liabilities, costs and expenses arising out of or relating to the use of the Site (including the Tools and all information and data provided on the Site).
6.4 To the fullest extent permitted by law, the liability of Metcash for breach of any Prescribed Terms is limited at the option of Metcash to the following:
in the case of services supplied or offered by Metcash, the supply of the services again or the payment of the cost of having services supplied again; and
in the case of goods supplied or offered by Metcash, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods or the payment of the cost of having the goods repaired.
7. Intellectual Property
7.1 The materials displayed on the Site, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Site (Content) are protected by copyright, trade mark and other intellectual property laws unless otherwise expressly indicated. Unless Metcash has expressly agreed with you in writing, nothing in this Agreement gives you a right to use any of the Content.
7.2 You must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for in the terms and conditions set out in this Agreement.
7.3 You must notify Metcash immediately if you become aware of any third party that is or may be infringing the intellectual property rights subsisting in the Site. You must give Metcash reasonable assistance in relation to any infringement proceedings. If a court or Metcash determines that any part of the Site has infringed or may infringe a third party’s intellectual property rights, Metcash may alter, delete or modify the Site in order to avoid continuing infringement.
8.1 Amendments to this Agreement: These terms and conditions may be amended from time to time. Any revised terms and conditions will be displayed on the Site. Your continued use of the Site will be deemed to be acceptance of such amendments.
8.2 Governing law and jurisdiction: The laws of the State of New South Wales govern this Agreement.