Metcash Limited ACN 112 073 480, including Mitre 10 Australia Pty. Ltd, its related bodies corporate and its business pillars (collectively, "Metcash", "we", "our" or "us") own and operate the Mitre 10 website, https://www.mitre10.com.au/, (referred to here as "the Mitre 10 Website"), together with various other social media websites or facilities which promote the Mitre 10 brand (referred to here as "Mitre 10's websites and Social Media").
Metcash has put in place:
These terms are also additional to any terms or conditions of use that are put in place by the relevant provider of any social media website, facility or platform, such as Facebook, Instagram, YouTube or Twitter. You should consult the provider of that social media for details of any terms and conditions that may apply to your use. Nothing in these terms is meant to take away from or contradict those providers’ own terms and conditions.
1. Contributions of Material
a. You are responsible for the content of all material that you contribute to Mitre 10’s websites and Social Media channels, of whatever kind, including text, images, photos and videos (referred to here as "Material")
b. You must ensure that all your Material was created by you and that you own all intellectual property rights in it. You also promise that your Material will not contain anything that is obscene, defamatory, offensive, deceptive or otherwise illegal (either in itself or when placed on Mitre 10’s websites and Social Media).
c. In addition, you must ensure that your Material:
- does not infringe the intellectual property rights of any person and does not breach any obligations of confidentiality;
- contains no spam or other commercial, advertising, marketing or promotional content or links or information which would facilitate the sale or purchase of products or services;
- contains no personal information or passwords, or the personal details of third parties such as phone numbers, mail or email addresses;
- is not threatening, harassing, spiteful or abusive;
- is not indecent or sexual or pornographic in nature, does not include gratuitous swearing or profanity and does not vilify, insult or humiliate any person or group (including, without limitation, on the basis of race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability);
- contains nothing which is unduly provocative (including, without limitation, flaming, trolling or otherwise hostile content) or which is false, misleading or deceptive; or
- contains no computer viruses or other computer files or code which adversely affects the operation of Metcash’s computer systems or any equipment linked to them
d. If your Material contains images (either photographs or videos) you must obtain the consent of any person featured or identifiable in the images before contributing that Material to Mitre 10’s websites and Social Media. By uploading images, you promise that those people agreed to its publication by Metcash.
e. When contributing to Mitre 10’s websites and Social Media, you must not impersonate any other person. You must not use Mitre 10’s websites and Social Media in a manner which adversely affects the use or enjoyment by any person of Mitre 10’s websites and Social Media.
2. Dealing with your Material
a. As far as Metcash is concerned, you will continue to own the intellectual property rights in your Material, but please remember that the provider of the social media website, facility or platform might have its own rules on this subject.
b. You give Metcash irrevocable permission to use your Material in any way (including changing, adapting, reproducing or communicating your Material to the public) without charge and without any right of attribution to you and for Metcash to allow others to use it in the same way.
c. At any time and in its sole discretion and without notice to you, Metcash may refuse to include your Material in Mitre 10’s websites and Social Media, remove all or part of your Material from Mitre 10’s websites and Social Media, edit your Material or terminate one or more of Mitre 10’s websites and Social Media or your access to them.
3. Liability relating to Mitre 10’s websites and Social Media and your Material
a. Inclusion of your Material on Mitre 10 websites and social media does not indicate any approval of your Material by Mitre 10, its related bodies corporate, suppliers or commercial partners.
b. Mitre 10 does not endorse, approve or authorise any material (including your Material) on its websites and social media and you acknowledge that the material on Mitre 10’s websites and social media may not be accurate, complete, up-to-date or useful and that you should not rely upon it.
c. You acknowledge and agree that Mitre 10 is not responsible for, and does not check the content or accuracy of, any material (including your Material) on Mitre 10’s websites and Social Media.
d. You agree that to the extent permitted by law, Metcash, its related bodies corporate, employees, directors, officers, contractors and/or agents will have no liability of any kind to you or any third party (including for, without limitation, direct or indirect losses, special or incidental or consequential losses or losses of data, business opportunity, revenue or profit) under any circumstances in connection with Mitre 10’s websites and Social Media, your Material or any other material on those social media.
e. If you (or your Material) breach these terms or any laws relating to your use of Mitre 10’s websites and Social Media, you will indemnify Metcash against any claims, losses, damages or costs suffered or incurred by Metcash in connection with your breaches.
f. Your use of Mitre 10’s websites and Social Media, and your contribution of Material to them, is at your own risk.
g. Metcash does not represent or warrant that the Mitre 10 websites and Social Media or any of the material on the Mitre 10 websites and Social Media will operate for any minimum period of time, will be free of computer viruses, or have any particular audience, availability, service levels or other characteristics.
h. Nothing in these terms is intended to limit or exclude any non-excludable rights you may have or non-excludable terms that may be implied under State or Commonwealth laws including the Competition and Consumer Act 2010 (Cth). These terms are to be construed subject to those non-excludable rights and terms.
a. Metcash may vary these terms from time to time. You should check for variations periodically.
c. These terms will be governed by and construed in accordance with the laws of the state of Victoria, Australia.
Special User Generated Content Promotions
Terms & Conditions: To enter the draw to win 1 x $100 Mitre 10 gift card, post your DIY project in the comment section on the national social media post within 72 hours of original post being published. The winner will be chosen by Mitre 10 and photo will be published on the national Mitre 10 social media pages. The winner will then be contacted via private message on Facebook for postal address. The gift card will be delivered via post. All participants posting images on Mitre 10 social media pages are agreeing in releasing all rights to their images, giving Mitre 10 permission to reuse their image. Gift cards cannot be redeemable for cash and are subject to their conditions of use. Competition excludes Mitre 10 staff, IHG staff and IHG licensed store staff. Mitre 10 reserves the right to correct any printing errors.
Updated May 2021.