Terms & 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 Trading Limited ABN 61 000 031 569 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.

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.

No advice: This website may contain tips and information including in relation to nutrition and legislation that may be applicable to our customers, suppliers or service providers. Those tips and information are of a general nature only and do not constitute legal or other advice. They should not be relied on as applying to your specific situation or as legal or other advice. Obtain specialist advice including legal 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 for protecting 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.

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 connected with this website, by you or any other person accessing this website using your 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 pay invoices, 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.

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.

Supplier Terms for use of the ‘Sorted’ Platform

You acknowledge and agree on behalf of the Supplier that:
(a) Metcash Trading Limited ABN 61 000 031 569 (Metcash) agrees to permit the Supplier to access the website itssorted.com.au, formerly automatedchargethrough.com.au and chargethrough.com.au, (Website) for the purpose of listing the Supplier’s goods (Goods) that the Supplier will supply to Metcash on a Charge Through or Cross Dock basis, on these terms and conditions (Terms). These Terms apply unless agreed otherwise in writing by Metcash and the Supplier by specific reference to these Terms;
(b) except as supplemented or modified by these Terms, the Supplier’s current agreement(s) with Metcash or any of its related bodies corporate applicable to the supply of the Supplier’s Goods applies to the Supplier’s listing of and supply of Goods via the Website as Charge Through Goods or Cross Dock Goods (including, as applicable, the Agreement for the Supply of Goods or the Trading Terms Agreement) (Current Agreements);
(c) Without limiting clause (b), any requirements in the Current Agreements in relation to orders of Goods (including time periods in which orders must be rejected by the supplier before they are deemed accepted) apply to the Supplier under these Terms;
(d) the Supplier must, itself or through its logistics service provider, deliver Goods ordered by Metcash’s retailer customer within the states or territories the Supplier nominates on the Website:
(1) to that customer’s retail store in the case of Charge Through; or
(2) to the Metcash warehouse nominated by Metcash in the case of Cross Dock,
at the Supplier’s cost and expense (‘Free in Store’);
(e) the Supplier must ensure that:
(1) the price of Goods it lists on the Website includes delivery to Metcash’s retailer customer in the case of Charge Through and to the relevant Metcash warehouse in the case of Cross Dock;
(2) it has the legal right, financial means, capability, capacity and resources to supply Goods ordered by Metcash’s retailer customers (based on reasonable expectations of order volume given the number and type of such customers) via the Website in each state and territory it nominates;
(3) all information it provides in relation to the Goods on the Website, including pricing details for Goods ordered and/or delivered, is kept up to date, complete and accurate on the Website and is not misleading or deceptive. The Supplier is responsible for immediately updating or removing information as required to meet this requirement;
(4) without limiting the compliance obligations in the Supplier’s Current Agreements, all Goods and their labels comply with all Laws; and
(5) for all information, images and other content the Supplier uploads to the Website (Content), such uploading and communication to the public of such Content by Metcash via the Website will not infringe any person’s intellectual property or other rights;
(f) if the Supplier initiates a price change on the Website for Goods the Supplier lists on the Website:
(1) an increase in price will not take effect on the Website until 14 days after the Supplier initiates the change; and
(2) a decrease in price will take effect on the Website immediately upon the Supplier initiating the change;
(g) Metcash and the Supplier agree to keep confidential any pricing, deals or promotions the Supplier negotiates with a particular Metcash retailer customer ordering Goods by way of Charge Through or Cross Dock and not to disclose such information to any other person, except where required by law or as otherwise permitted under the Supplier’s Current Agreements;
(h) Metcash may vary these Terms from time to time in accordance with clauses 13.2 and 13.3 of Metcash Food’s General Terms and Conditions for the Supply of Goods; and
(i) in these Terms, bold terms have the meanings specified above, and:
(1) Charge Through means the process by which the Supplier delivers Goods ordered by or on behalf of Metcash’s retailer customer, as Metcash’s agent, directly to the customer and the invoice (or other volume, pricing and payment details) for those Goods is issued to, and payable by, Metcash; and
(2) Cross Dock means the process by which the Supplier delivers Goods ordered by or on behalf of Metcash’s retailer customer, as Metcash’s agent, to Metcash and Metcash delivers those Goods to the customer and the invoice (or other volume, pricing and payment details) for those Goods is issued to, and payable by, Metcash;
(3) Laws means all applicable laws and industry codes, standards and requirements; and
(4) references to Metcash include any related body corporate of Metcash which is a party to a Current Agreement.

Retailer Terms for use of the ‘Sorted’ Platform

You acknowledge and agree on behalf of the Retailer that:
(a) Metcash Trading Limited ABN 61 000 031 569 (Metcash) agrees to permit the Retailer to access the website itssorted.com.au, formerly automatedchargethrough.com.au and chargethrough.com.au, (Website) for the purpose of ordering and purchasing goods (Goods) from Metcash on a Charge Through, Cross Dock or Warehouse basis, on these terms and conditions (Terms). These Terms apply unless agreed otherwise in writing by Metcash and the Retailer by specific reference to these Terms;
(b) except as supplemented or modified by these Terms, the Retailer’s current agreement(s) with Metcash and/or any of its related bodies corporate applicable to the supply of Goods applies to the Retailer’s ordering and purchase of Goods via the Website as Charge Through Goods, Cross Dock Goods or Warehouse Goods. This includes:
(1) the Application for Trading Account, together with (as applicable) the Metcash Trading Terms or the Metcash Food Trading Terms (ATA); and
(2) as applicable, the Relationship Deed or, for retailers in Western Australia, the Franchise Agreement,
(Current Agreements);
(c) in respect only of Metcash’s retention of title in the Goods under the ATA, the Retailer acknowledges that the Retailer receives the Goods delivered by way of Charge Through at its premises as agent for Metcash and on its own behalf;
(d) Metcash and the Retailer agree to keep confidential any pricing, deals or promotions the Retailer negotiates with a particular Metcash supplier supplying Goods by way of Charge Through or Cross Dock and not to disclose such information to any other person, except where required by law or otherwise permitted under the Retailer’s Current Agreements;
(e) the Retailer consents to Metcash providing the Retailer’s contact details provided in its application for access to the Website (as updated by the Retailer from time to time) (Contact Details) to suppliers of Charge Through Goods or Cross Dock Goods ordered by the Retailer, for the purpose of the supplier of such Goods contacting the Retailer in relation to the Retailer’s order (for example, an order which does not meet minimum requirements, a delay in delivery, etc);
(f) Metcash may use the Retailer’s Contact Details to send electronic communications which include offers for the sale of Goods, which the Retailer may accept through the electronic communication. Any such acceptance will constitute the Retailer’s order for such Goods, which:
(1) Metcash will confirm to the Retailer; and
(2) the Retailer may amend or cancel on the Website up until 8pm on the day of the order;
(g) Metcash may vary these Terms from time to time by providing reasonable notice, which will not be less than 7 days notice, to the Retailer using an email address in the Contact Details for the address for notice. If the Retailer does not agree with the variation, the Retailer may cease use of the Website and may contact Metcash to request the de-registration of its account for the Website, and Metcash will promptly action any such request, To avoid doubt, Metcash may not vary a Current Agreement under this clause (g) without also complying with any applicable terms of the Current Agreement with respect to the variation;
(h) the Website includes information provided by third party suppliers. Metcash does not provide any warranties or representations:
(1) in relation to the information on the Website, including that it is correct, complete or up-to-date; or
(2) that the Website’s functioning will be uninterrupted or error-free.
To the extent any statutory consumer guarantee under the Australian Consumer Law applies to the provision of the Website, Metcash limits its liability for breach of the consumer guarantee to supplying the affected service again or paying the cost of having the affected service supplied again, at Metcash’s election; and
(i) in these Terms, bold terms have the meanings specified above, and:
(1) Charge Through means the process by which Metcash’s preferred suppliers deliver Goods ordered by or on behalf of the Retailer, as Metcash’s agent, directly to the Retailer and the supplier’s invoice (or other volume, pricing and payment details) for those Goods is issued by the supplier to, and payable by, Metcash;
(2) Cross Dock means the process by which Metcash’s preferred suppliers deliver Goods ordered by or on behalf of the Retailer, as Metcash’s agent, to Metcash and Metcash delivers those Goods to the Retailer and the supplier’s invoice (or other volume, pricing and payment details) for those Goods is issued by the supplier to, and payable by, Metcash;
(3) Warehouse means the process by which the Retailer orders from Metcash Goods stocked in Metcash’s distribution centres; and
(4) references to Metcash include any related body corporate of Metcash which is a party to a Current Agreement.