Thank you for visiting the IGA Tasmania website.
Please read the
Terms and Conditions of this website carefully as any use of the website
by you constitutes acceptance of the Terms and Conditions set out
below.
The following Terms & Conditions (Terms), together with our
Privacy Policy are the complete terms of a legal agreement between you
and Tasmanian Independent Retailers ABN 89 743 048 843 and related
entities (“TIR”, “IGA Tasmania”, “Island Fresh Produce” “IFP”) 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 TIR’s Terms. “We refers to TIR. 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.
TIR 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 TIR, that trading relationship is
governed by a separate agreement between you and TIR. However, these
Terms also apply to your use of this website.
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 TIR, it’s partners 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 TIR 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 MetcashTIR, 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 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.
TIR 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.
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). TIR 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. TIR does not warrant or represent the accuracy, utility or any other characteristic of Third Party Material or information or content appearing on Linked Sites. TIR 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.
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. TIR may block or delete from this website any material you post
that TIR 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 TIR for breach of contract
and/or infringing applicable law.
You may not create a link to any page of this website without our prior written consent.
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,
TIR 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, TIR 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 TIR 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, TIR 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
MetcashTIR’s discretion.
To the extent legally permitted, TIR 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 TIR is expressly advised of the possibility of such damages and extend to all causes of action, whether based on contract, warranty, (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 TIR’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.
You agree to indemnify, defend and hold harmless TIR 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 TIR’s officers, directors, employees, agents, contractors, licensors and suppliers.
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.
Your privacy is important to TIR. By providing your details to TIR via the website, you consent to TIR 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.
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.
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.
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.
These terms and conditions will be governed and construed in accordance with the laws of Australia. The courts of Australia shall have exclusive jurisdiction over disputes between a user and TIR arising out of the access or use of this website. Omission by TIR to exercise any right under these terms and conditions will not constitute a waiver of such right unless expressly stated by TIR in writing.
If you have any questions or queries in relation to this website or these Terms and Conditions, please contact us via our Feedback forms (located under Contact us) or by calling our Head Office on 03 6391 0200. Thank you.