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LOCALEYES GENERAL TERMS OF SERVICE

This document sets out the general terms and conditions (Terms) that apply to the provision of media booking and ancillary services (LocalEyes Services) by Metcash Trading Limited (ABN 61 000 031 569) (Metcash/we/us) and its related companies.

When you accept a Booking Confirmation, you represent and warrant that:

  • you have read and agree to be bound by these Terms and the Booking Terms; and
  • you are either the Customer identified in the Booking Confirmation or a duly authorised representative of the Customer identified in the Booking Confirmation and you have all necessary, current and valid legal authority to enter into the Booking Agreement on behalf of that Customer.

References to ‘you’ in these Terms are to the Customer identified in the Booking Confirmation (except for the second bullet above where ‘you’ may refer to a duly authorized representative of the Customer identified in the Booking Confirmation).

IMPORTANT: Please read these Terms carefully in conjunction with the Booking Terms in the Booking Confirmation.

It is a condition of your use of the LocalEyes Services that you comply with these Terms and all other terms of the Booking Agreement. Please note, in particular, the following important terms:

  • Variation: We are unable to accept any requests to vary a Booking Request referred to in a Booking Agreement after the Final Variation Date (refer to clause 9 for more details)
  • Cancellation: If you cancel a Booking Request referred to in a Booking Agreement after the Cancellation Deadline, you must pay the applicable Price in full. If you cancel on or before the Cancellation Deadline, you may be required to reimburse us for costs incurred but you will not have to pay the Price in full (refer to clause 10 for more details).
  • Our Liability: Without limiting your rights under applicable laws, our liability to you in connection with this Booking Agreement is limited to the cost of re- supplying the services again or paying the costs of having the services supplied again (see clause 14 for more details).
  • Your Liability: You must reimburse us and our related companies for certain losses we suffer in connection with third party claims arising out of the publication or communication of your Content, except to the extent that we cause or contribute to the loss (see clause 15 for more details).
  • Changes to these Terms: We may amend these Terms from time to time, however any amendments will only apply to new Booking Requests made after the date of the amendments. Once a Booking Agreement is formed, that Booking Agreement may only be amended by written agreement of both parties.
  • Code required disclosure: The Food and Grocery Code of Conduct (“Code”) provides that a Metcash Company to which the Code applies must not directly or indirectly require a supplier to which the Code applies to fund part or all of the costs of a promotion (“Code Promotion Funding Protection”). The Code provides that this does not apply in certain circumstances including if an agreement with the supplier expressly provides for the funding. If you are a supplier to which the Code applies, your agreement to purchase LocalEyes Services in connection with a promotion under a Booking Agreement is an exception to, and will remove the protection of, the Code Promotion Funding Protection. This is reasonable because it allows you to fund promotions that you consider to be of value to your business.

1. Definitions
In these Terms, unless the context requires another meaning:

ABAC Pre-Vetting Service means the pre-vetting service to assess compliance with the standards of the ABAC Responsible Alcohol Marketing Code, provided by The ABAC Scheme Limited ABN 77 139 761 130 , available at the following URL: https://www.abac.org.au/abac-pre-vetting-service/.

AdCheck TGAC Review Service means the AdCheck service offered by Consumer Healthcare Products Australia Limited ACN 607 233 116 ABN 55 082 798 952 in reviewing advertising of therapeutic goods for compliance with the Therapeutic Goods Advertising Code, available at the following URL: https://adcheck.com.au/services/tgac-review/.

Booking Agreement means the agreement between you and Metcash formed on acceptance by you of the Booking Confirmation, in accordance with the terms for acceptance in the Booking Confirmation.

Booking Confirmation means the terms on which Metcash offers to supply the LocalEyes Services in response to a Booking Request, sent by Metcash via email or other written or digital means. The Booking Confirmation includes the Booking Terms and these Terms.

Booking Request means your request for LocalEyes Services sent in writing (via email or other digital means) and referred to in a Booking Confirmation.

Booking Terms means the service-specific commercial terms and any special conditions for the supply of the LocalEyes Services agreed in writing by Metcash and you by way of your acceptance of a Booking Confirmation.

Business Day means a day that is not a Saturday, Sunday or public holiday in Sydney, Australia.

Cancellation Deadline means the date specified as such in Annexure A, unless agreed otherwise in writing between you and us.

Content means all advertising, marketing and other material provided by you to Metcash to enable Metcash to provide the LocalEyes Services requested by you.

Final Variation Date means the date specified as such in Annexure A, unless agreed otherwise in writing between you and us.

Force Majeure Event means, in relation to a party, a circumstance or event beyond the reasonable control of the party resulting in or causing a material failure, delay or interference with the performance of that party’s obligations under or in connection with the Booking Agreement.

Metcash-created Content means all advertising, marketing and other material that Metcash creates in connection with providing the LocalEyes Services to you.

Metcash Company means Metcash or a related body corporate (as defined in the Corporations Act 2001 (Cth)) of Metcash.

Payment Date means the date for payment under clause 5a), 5b) or 5c) (as applicable).

Price means the Total Price set out in the Booking Agreement

Trading Terms Agreement means, if you are a supplier of goods to a Metcash Company, the Trading Terms Agreement or other agreement in force between you and that Metcash Company for the supply of goods.

2. Engagement

  1. All requests for LocalEyes Services must be submitted by providing a completed Booking Request to Metcash.
  2. If Metcash wishes to accept a Booking Request, Metcash will provide the terms on which it offers to accept the Booking Request in a Booking Confirmation. You may accept the Booking Confirmation within the time for acceptance set out in the Booking Confirmation. A Booking Agreement will be formed upon your acceptance of a Booking Confirmation. Metcash will provide the LocalEyes Services in accordance with the Booking Agreement.
  3. Each Booking Agreement commences on your written acceptance of the Booking Confirmation in accordance with clause 2b) and continues for the duration of the campaign specified in the Booking Confirmation, unless cancelled earlier in accordance with the Booking Agreement.
  4. If the LocalEyes Services include advertising on Facebook or Instagram, you agree to also comply with Meta’s terms and conditions for that advertising, including with respect to Content, at www.localeyesretailmedia.com.au/terms (including links below). You acknowledge you have reviewed and agree to be bound by those linked terms in relation to those LocalEyes Services under this Booking Agreement.

    https://www.facebook.com/legal/terms
    https://www.facebook.com/legal/self_service_ads_terms
    https://www.facebook.com/legal/commercial_terms
    https://developers.facebook.com/terms

3. Exclusivity

  1. All LocalEyes Services are provided by Metcash on a non-exclusive basis. Unless agreed otherwise in writing by Metcash:
  2. Metcash may provide LocalEyes Services to other customers in its sole discretion, including customers that are or may be competitors to you; and
  3. Metcash does not warrant that your Content will not appear in proximity to content for competing products.

4. Price, rate cards and standard packages

  1. You must pay the Price set out in the Booking Agreement.
  2. The Price (and all other pricing including unit pricing) is exclusive of GST unless expressly stated otherwise.
  3. You may request our latest rate card for the LocalEyes Services when you are considering making a Booking Request. You acknowledge that:
  4. not all LocalEyes Services are listed in our rate card;
  5. we update our rate card from time to time;
  6. the Price payable by you is not necessarily the price set out in a rate card (which may not be comprehensive or up to date, or may be varied by agreement), but is the Price set out in the Booking Agreement.
  7. You acknowledge and agree that if the Booking Agreement is for a multi-supplier or standard package, the multi-supplier or standard package will not be modified, including with substitutions, and you will be required to pay the full Price for the multi-supplier or standard package regardless of whether all elements of the multi-supplier or standard package are required or used by you.

5. Payment

  1. Payment by deduction or set-off under your Trading Terms Agreement
    If you have a Trading Terms Agreement that allows for payment of the Price for the LocalEyes Services by deduction from or set-off against amounts payable by a Metcash Company to you, then, unless agreed otherwise in writing by Metcash, the Price will be paid by way of deduction or set-off in accordance with your Trading Terms Agreement. This clause 5a) is subject to clauses 5b) and 5c).
  2. Payment by invoice
    If you do not have a Trading Terms Agreement with Metcash that allows for payment of the Price by deduction or set-off, or if Metcash in its discretion determines not to receive payment by deduction or set-off, or if the method of payment referred to in clause 5a) is insufficient to pay the Price in full by the due date for payment, then Metcash will issue a valid tax invoice to you for the Price (or balance of the unpaid Price, as applicable) and you must pay the invoiced amount to Metcash no later than 7 days from the date of the invoice. This clause 5b) is subject to clause 5c).
  3. Other payment method
    If the Booking Confirmation specifies a different payment method to that set out in clauses 5a) and 5b), you must pay the Price by that payment method.
  4. Goods and Services Tax If GST is payable, it will be added to the Price payable at the time the deduction or set-off is made or, where no deduction or set-off is made, then GST payable will be specified in the tax invoice and must be paid by you at the same time and in the same manner as payment of the Price on which the GST is calculated.
  5. Late payments
    If payment for LocalEyes Services is not made within 7 days of the Payment Date, Metcash may in its discretion:
  6. require you to pay a late payment charge equal to 2% above the prevailing cash rate quoted by the Reserve Bank of Australia. to be calculated daily on any outstanding payments from the date on which the payment was due up to and including the date of payment; and/or
  7. suspend the provision of any other LocalEyes Services under this Booking Agreement or another Booking Agreement until all outstanding payments are received by Metcash.

6. Your obligations

  1. Without limiting your other obligations under these Terms, you agree that you will:
  2. provide to Metcash in a timely manner all information, content and materials that Metcash reasonably requires or requests to enable Metcash to provide the LocalEyes Services to you;
  3. obtain all approvals and consents required to publish or broadcast the Content under the Booking Agreement or as otherwise reasonably requested by Metcash;
  4. adhere to all deadlines imposed by Metcash and communicated to you in connection with the LocalEyes Services under and in accordance with the Booking Agreement; and
  5. provide such other assistance as Metcash reasonably requests in connection with the supply of the LocalEyes Services to you.
  6. Without limiting any other provision of the Booking Agreement, you acknowledge and agree that where the LocalEyes Services to be provided to you are part of a multi-supplier campaign, and you do not provide required content or approvals by the times required under the Booking Agreement, Metcash may exclude you from the campaign without refund to you.

7. Content supplied by You

  1. You must ensure that all Content you provide to Metcash in connection with the LocalEyes Services:
  2. complies with any content specifications communicated by Metcash prior to at the time of the Booking Confirmation;
  3. complies with all applicable laws, regulations and industry standards and codes including the Australian Consumer Law and the AANA Code of Ethics1;
  4. for any Content that is alcohol marketing, has been pre-vetted with a Final Clearance Certificate applicable to the particular media of the LocalEyes Services, by the ABAC Pre-Vetting Service;
  5. for any Content that is advertising of therapeutic goods (which by law may be advertised), has had a Certificate of Conformance issued by the AdCheck TGAC Review Service;
  6. does not contain any indecent, offensive, obscene, pornographic, racist, unlawful, defamatory, fraudulent or other content contrary to prevailing community standards; and
  7. is well substantiated, with any appropriate disclaimers, in relation to any claims made in such Content and other materials, and you must provide such substantiation to Metcash’s reasonable satisfaction upon Metcash’s reasonable request.
  8. If Metcash reasonably believes that your Content does not satisfy any requirements of clause 7a), or is otherwise likely to damage the reputation of a Metcash Company or any brand owned or used by a Metcash Company, (Unacceptable Content) Metcash will provide you with notice of such Unacceptable Content and, where time permits, will provide you with a reasonable opportunity to rectify the Unacceptable Content. If you fail to rectify the Unacceptable Content, or if rectification is not possible in the applicable timeframe, Metcash may cancel your booking (or part thereof) and refuse to publish the Unacceptable Content without refund to you.
  9. You acknowledge and agree that:
    Metcash may make (or permit others to make) any technical or other modifications to the Content as Metcash reasonably considers necessary to ensure that the Content can be published or broadcast in accordance with the Booking Agreement; and
  10. Metcash may place the word “advertisement”, “advertorial”, “promotion”, “#ad” or other similar wording within or adjacent to any Content that, in Metcash’s reasonable opinion, resembles editorial content, or where Metcash otherwise reasonably considers it necessary or appropriate to do so, and Metcash may proceed to use such modified Content or wording in providing the LocalEyes Services without obtaining your approval where Metcash reasonably considers the modification or wording does not substantially change the Content.

8. Approvals
Metcash may require your approval before certain advertising materials will be published or broadcast. Where Metcash notifies you that your approval is required, you must promptly notify Metcash in writing whether you do or do not approve the relevant item. If no changes have been made to the Content you provided, Metcash may take your failure to respond by the time notified for approval as deemed approval by you. If changes have been made to the Content you provided, or approval is sought for Metcash- created Content, and you do not respond by the time notified for approval, Metcash may refuse to supply the relevant LocalEyes Services to you without refund to you. The latest time for approval by you will be no later than 5 days before the campaign live date and Metcash will provide its request for approval a reasonable period before the time for approval.

9. Variations to bookings
Any requests for variation of a booking in a Booking Agreement must be made to Metcash in writing. You agree that:

  1. Metcash will not be liable to you for any failure to make a variation unless those instructions have been given in writing and accepted by Metcash;
  2. variations may give rise to additional charges which will be notified to you in writing for your confirmation before the variation is accepted by Metcash; and
  3. no variations will be accepted after the Final Variation Date.

10. Cancellations

  1. If you cancel a booking (in whole or in part):
  2. after the Cancellation Deadline, you are liable to pay the applicable Price in full; or
  3. on or before the Cancellation Deadline, you will not be required to pay the Price but you may be responsible for and required to pay to Metcash any third-party fees, charges or costs incurred by Metcash in connection with the booking which Metcash is unable to recover or avoid using reasonable commercial efforts, except to the extent the cancellation is due to Metcash’s negligence, wilful misconduct or breach of the Booking Agreement in which case you will not be required to pay the Price for the cancelled booking).
  4. Metcash reserves the right to cancel a booking or any part of a booking or to withdraw Content from publication or broadcast by notice to you, without refund to you, if:
  5. Metcash reasonably believes that you have materially breached any warranty or representation given by you under the Booking Agreement, including with respect to the Content, and such breach is incapable of remedy; or
  6. you have failed to materially comply with any of your obligations under the Booking Agreement, including with respect to Content, and that non- compliance is incapable of remedy or, if it is capable of remedy, it is not remedied within 10 Business Days after the date on which Metcash notifies you of the non-compliance (you acknowledge that Metcash may reasonably consider that certain failures are not capable of being remedied after the Final Variation Date);
  7. you become insolvent, bankrupt or unable to pay your debts as and when they fall due;
  8. you engage in conduct that is likely, in Metcash’s reasonable opinion, to adversely affect Metcash’s reputation or best interests;
  9. or any event or circumstance arises (for example, negative public comment) in relation to the Campaign which is likely to damage the reputation of a Metcash Company or any brand owned or used by a Metcash Company, provided that, where practicable, Metcash will reasonably consult with you prior to doing so.

11. Intellectual property rights

  1. You grant Metcash a royalty-free, non-exclusive, sub- licensable licence to use the Content and any other materials you provide in connection with the LocalEyes Services to the extent necessary to provide the LocalEyes Services to you in accordance with the Booking Agreement.
  2. All rights, title and interest (including all intellectual property rights) in any Metcash-created Content will automatically vest in Metcash save that, to the extent the Metcash-created Content incorporates any Content, Metcash agrees that it will only reproduce the Metcash-created Content for the advertising purposes contemplated in the Booking Agreement. Subject to clause 11(c) below, you are not permitted to reproduce or modify any Metcash-created Content without the prior written consent of Metcash, not to be unreasonably withheld or delayed.
  3. Any Metcash-created Content that is created specifically for use on your own digital assets may be used and reproduced by you on those digital assets without the need for any further consent from Metcash.

12. Data and tagging
You agree that:

  1. as between you and Metcash, Metcash owns all data collected from and about visitors to any websites or other digital media assets owned by Metcash;
  2. you will not insert any tags, codes, cookies or other data tracking or collection devices into the Content for the purpose of re-targeting users on a third-party site or for the purpose of reaching audiences that have not been agreed as part of the Campaign according to the Booking Terms; and
  3. Metcash may use aggregated and anonymised campaign performance data for the purpose of demonstrating the effectiveness of the LocalEyes Service or marketing, or benchmarking for the LocalEyes Service, provided that such information does not directly or indirectly identify the Customer, its customers, or any confidential information. Any use of the Customer’s name, logo, or proprietary data in a format such as case studies, testimonials, or other marketing collateral will require separate written approval. To avoid doubt, this clause 12c) does not limit the use of any data which a Metcash Company accesses or uses in the ordinary course as part of any other program or activity, such as a loyalty program.

13. Warranties
You represent and warrant that:

  1. you own the Content, or are licensed to use and to permit Metcash and its agents and subcontractors to use the Content in the manner contemplated by the Booking Agreement;
  2. neither the Content nor its publication or use in accordance with the Booking Agreement infringes or will infringe the intellectual property or other rights (including moral rights) of any third party;
  3. the Content complies with all applicable laws, regulations and industry standards and codes including the Australian Consumer Law and the AANA Code of Ethics;
  4. the Content complies with the Content specifications provided by Metcash prior to or at the time of the Booking Confirmation;
  5. the Content does not contain any indecent, offensive, obscene, pornographic, racist, unlawful, defamatory, fraudulent or other content contrary to prevailing community standards; and
  6. all data and digital files provided by you (including any Content) do not contain any worm, virus, trojan horse, defect or similar (including any codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment).

14. Liability

  1. Nothing in the Booking Agreement excludes, restricts or modifies any rights, remedies or guarantees (including any consumer guarantees under the Australian Consumer Law) which cannot be lawfully excluded, restricted or modified.
  2. Subject to clause 14(a)above, and to the full extent permitted by law:
  3. Metcash does not provide any warranties other than those imposed by law which it is not lawfully permitted to exclude;
  4. Metcash’s liability in connection with the Booking Agreement, including for breach of a term or guarantee implied or imposed by law (including any consumer guarantee under the Australian Consumer Law) is limited, at Metcash’s option, to the supply of the relevant service again, or payment of the cost of having the relevant service supplied again;
  5. neither party will be liable for any indirect, special, economic or consequential loss or damage or any loss of revenue, profit, goodwill, data, opportunity or anticipated saving suffered or incurred in connection with the Booking Agreement.

15. Indemnities

  1. You agree to indemnify Metcash, each other Metcash Company, and each of their subcontractors, agents directors and employees (each an Indemnified Party), from and against all claims (including third party claims), losses, demands, costs and expenses (including legal costs and expenses) and any other liability (Loss) incurred by an Indemnified Party in connection with:
  2. any third-party claim that the Content infringes any rights, including intellectual property rights, or contains content that is misleading, deceptive or otherwise in breach of any applicable law, regulation or industry standards or code;
  3. any delay or omission of a media placement due to your delay in providing Content or approvals required under the Booking Agreement, or the provision of incorrect Content; and
  4. any other claim by a third party against an Indemnified Party arising out of or attributable to your negligence or wilful misconduct in connection with the Booking Agreement or the publication or use of any Content on your behalf in accordance with the Booking Agreement, except to the extent such Loss is caused or contributed to by the breach, negligence or other wrongful act or omission of the Indemnified Party.
  5. To the extent that this indemnity benefits a person who is not a party to the Booking Agreement, Metcash contracts as trustee of the rights under the indemnity.
  6. The indemnities in this clause survive termination or expiry of the Booking Agreement.

16. Force Majeure

  1. If a party is unable to comply with its obligations under the Booking Agreement (other than an obligation to make payment) because of a Force Majeure Event, that party is not liable for its non-compliance to the extent that, and for the period of time during which, it is unable to comply as a result of that Force Majeure Event.
  2. A party wishing to obtain the benefit of clause 16(a) must give notice to the other party in writing promptly on the occurrence of the Force Majeure Event and must take all reasonable steps to remove, prevent and mitigate the cause and effect of the Force Majeure Event.

17. Privacy

  1. Metcash collects personal information about your representative whenever a new booking is submitted. This includes your representative’s name and contact details. We collect and use that personal information to provide you with our services, to promote and improve our services, for the purpose described in our Privacy Policy and for any other purposes described at the time of collection. We may contact you for those purposes at any time (including by email and SMS where consent has been given). We may also disclose your personal information to our related companies, service providers, subcontractors and agents. None of these companies are located overseas. If you do not provide us with the information we request, we maynot be able to provide our services to you.
  2. Further information about how we handle personal information, how you can complain about a breach of the Australian Privacy Principles, how we deal with privacy complaints, how you can seek access or correction of your personal information and our contact details can be found in our Privacy Policy at
    https://www.metcash.com/legal/privacy-policy/.

18. General

  1. The Booking Confirmation accepted by you, including these Terms and the Booking Terms, together with your Trading Terms Agreement (if applicable), record the entire written agreement between you and Metcash relating to the supply of LocalEyes Services and supersede all previous written agreements in connection with the LocalEyes Services. In the event of any inconsistency, the following order of precedence will apply with the document listed first taking precedence over lower listed documents to the extent of the inconsistency:
  2. the Booking Terms;
  3. any Trading Terms Agreement in relation to payment terms for the LocalEyes Services; iii. these Terms. b) The Booking Agreement is governed by the laws of the State of NSW.

Annexure A

Cancellation Deadlines

Media format Cancellation Deadline
Homepage Banner 49 days from live date
Homepage Tile (MREC) 49 days from live date
Landing/Recipe Page 49 days from live date
What’s New EDM (Email) 49 days from live date
Social Boosted Post 49 days from live date
Digital Catalogue 49 days from live date
In-store Radio 49 days from live date
SOLUS eDM 49 days from live date
IGA Rewards Banner 49 days from live date
IGA Rewards Solus 49 days from live date
Digital screens 49 days from live date
Final Variation DatesNOTE: all requirements must be provided as written notification of variant (copy, art and dates)

Media format Final Variation Date
Homepage Banner 49 days from live date
Landing/Recipe Page 49 days from live date
What’s New EDM (Email) 49 days from live date
Social Boosted Post 49 days from live date
Digital Catalogue 49 days from live date
In-store Radio 49 days from live date
SOLUS eDM 49 days from live date
IGA Rewards Banner 49 days from live date
IGA Rewards Solus 49 days from live date
Digital screens 49 days from live date

Last updated: 10 April 2026

 

1Advertising Council Australia publishes information on certain laws, regulations and industry standards and codes that may be applicable to the Content. See https://advertisingcouncil.org.au/resource-hub/codes-compliance/. This note is provided to assist with your compliance obligations under a Booking Agreement and does not limit your obligations under a Booking Agreement with respect to Content.

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