TERMS OF USE AND TERMS & CONDITIONS
Last updated: Nov.11, 2019
WELCOME
Loblaw Companies Limited, together with its subsidiaries and affiliates (hereinafter referred to as “us”, “we” and/or “Loblaw”) is pleased to provide this mobile application or website (the “Application”) for your personal, non-commercial use. By using the Application, you are agreeing to be legally bound by the terms set out below, and to comply with all applicable laws and regulations.
We are pleased to offer you certain programs on the Application, namely Ship-to-home and PC Express (collectively the “Programs”) that are also subject to the terms set out below.
To help you navigate the terms, we have included headings and sections to guide you. They cover the following topics, in the following order:
1. Terms of Use for the Application
2. Terms & Conditions for Specific Programs
A. Ship-to-home
B. PC Express Pickup
3. Terms & Conditions for Both Programs
4. General Terms for the Application and the Programs
IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THE TERMS BELOW, YOU ARE NOT PERMITTED TO ACCESS OR USE THE APPLICATION, OR PARTICIPATE IN THE PROGRAMS.
TERMS OF USE FOR THE APPLICATIONOUR RIGHT TO CHANGE THESE TERMS OF USE
We reserve the right, in our sole discretion, to modify all or a portion of these terms of use at any time without further notice and without incurring any liability or obligation. If we do this, we will post the changes to these terms of use on the Application by indicating at the top of this page the date these terms of use were last revised. Your continued access to and/or use of the Application after any such changes constitutes your acceptance of, and agreement to be legally bound by, these terms of use as revised. It is your sole responsibility to regularly check the Application to determine if there have been any changes to these terms of use and to review such changes.
APPLICATION ERRORS
We take great pride in the Application and every effort has been made to help ensure that the information contained on the Application is correct. Unfortunately, however, there may sometimes be information on the Application that contains typographical errors, inaccuracies, or omissions – including those that may relate to product descriptions, pricing, promotions, offers, and/or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or modify or cancel orders if any information on the Application is inaccurate at any time without prior notice (including after you have submitted your order).
Given that we cannot guarantee that all of the products that you ordered through the Application are available at the time of order, and given that your total order cannot be determined until it has been assembled given the weights and cuts of certain products, prices, discounts and coupons, all of which are validated during the order’s assembly, it is understood that the list and/or catalogue of products available for sale on the Application does not constitute an offer to sell but rather an invitation to place an order. For the same reasons, an order confirmation will not be considered as an acceptance of the offer. The contract of sale shall be concluded when the assembly of your order at the selected store is finished and we have received your payment.
NOTICE TO MOBILE USERS OF THE APPLICATION
It is important to understand that to use the Application, in addition to complying with these terms of use and the terms applicable to the Programs, you must comply with the rules, restrictions and requirements of the app store from which you download the Application, for example, the Apple app store or Google Play. Apple requires us to give you the following information if you use its app store:
If you download and use the iOS version of the Application, you acknowledge that these terms of use are entered into by and between us and you, and not with Apple Inc. Notwithstanding the foregoing, you acknowledge that Apple Inc. and its subsidiaries are third party beneficiaries of the Application and that Apple Inc. has the right (and is deemed to have accepted the right) to enforce these terms of use. You acknowledge that Apple Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Service or the Application. You acknowledge that you have reviewed the Apple app store terms and conditions (currently located at www.apple.com/legal/itunes/canada/terms.html#APPS). These terms of use incorporates by reference the Licensed Application End User License Agreement (“LAEULA”) published by Apple Inc. (currently located online at www.apple.com/legal/itunes/appstore/dev/stdeula). For purposes of these terms of use, the Application is considered the “Licensed Application” as defined in the LAEULA and We are considered the “Application Provider” as defined in the LAEULA. If any terms of these terms of use conflict with the terms of the LAEULA, these terms of use will control. You further acknowledge and agree that in no event will Apple Inc. be responsible for any claims relating to the Application (including a third party claim that the Application infringes that third party’s intellectual property rights) or your use or possession of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. For other mobile operating systems, additional terms may apply to your downloading, installation and use of the Application, as applicable, as set out in your agreement with the app store or other download facility that you use.
2. TERMS & CONDITIONS FOR SPECIFIC PROGRAMS
A. TERMS & CONDITIONS FOR SHIP-TO-HOME
We are pleased to offer you Ship-to-home on the Application. Ship-to-home are products and services offered on the Application and not in Loblaw stores (collectively, “Ship-to-home”), which are sold on the Application by Ship-to-home Sellers alongside Loblaw products and services.
In this section, references to “Ship-to-home Sellers” mean any entity that is not Loblaws Inc. (“LINC”), which sells products and services through the Application.
Ship-to-home Sellers are independent from LINC, and we assume no responsibility or liability for or control over Ship-to-home Sellers, Ship-to-home, or Ship-to-home Information (as defined below).
The following provisions relate only to Ship-to-home and only for orders that you submit through the Application.
PRODUCT INFORMATION
In using the Application, you acknowledge that third parties other than LINC, such as Ship-to-home Sellers, may make available product information, including descriptions and images of the Ship-to-home (collectively, “Ship-to-home Information”), and that we make no representations as to the completeness, accuracy, reliability, validity or timeliness of such Ship-to-home Information. You also acknowledge and agree that LINC does not manufacture, package, warehouse, transport, or inspect any of the Ship-to-home. We do not make any warranties about the quality, safety or legality of the Ship-to-home.
FULFILLMENT AND DELIVERY OF SHIP-TO-HOME
By purchasing Ship-to-home from any Ship-to-home Seller, you acknowledge and agree that all Ship-to-home orders will be fulfilled by an Ship-to-home Seller and not Loblaw, unless otherwise stated. We are not responsible for, and cannot guarantee the performance or delivery of, Ship-to-home provided by any Ship-to-home Seller. The Ship-to-home Seller (and not Loblaw) will be responsible for all concerns related to order processing, shipping, returns and customer service related to your order of Ship-to-home through the Application.
REFUNDS AND EXCHANGES FOR SHIP-TO-HOME
Ship-to-home purchased from Ship-to-home Sellers are subject to a separate refund and return policy found here https://www.atlanticsuperstore.ca/ship-to-home-return-policy .
ADDITIONAL DISCLOSURE FOR SHIP-TO-HOME
For additional information for Ship-to-home, please see https://www.atlanticsuperstore.ca/faq#faqList=1i5yRgEMz5i52I9z96D0lk.
B. TERMS & CONDITIONS FOR PC EXPRESS PICKUP
The following provisions only relate to the PC Express program and for orders that you submit through the Application that will be picked up from an eligible PC Express location. For clarity, the following provisions do not relate to Ship-to-home. As further described below, the PC Express Delivery service is operated and provided by a separate, third party independent business from Loblaw and is excluded from these provisions.
PLACING AN ORDER AND CHANGES TO YOUR ORDER
By submitting your order, you agree to pick-up your order from your selected pick-up location and pay in full for the final selection of items included in your order and all applicable taxes, either by credit card or other permitted payment method, subject to any cancellation of your order. In order to complete an order, you may be required to provide certain additional information that is required to process your order. If you do not complete or improperly complete your order, it may not be accepted or acknowledged. We reserve the right to change the permitted methods of payment, including without limitation, the accepted credit cards, at any time.
When you submit an order, we reserve the right to request credit card pre-authorization for up to 125% of the order total to accommodate updates to your order and the cost of variable weight items in the final order. During the authorization process when you submit your order, your card is validated and must have enough available funds for the transaction to be approved. Upon approval, the order will be received and prepared for pick-up as explained in “Picking up your Order” below. This authorization is cancelled when your Order is processed for payment, when your order is cancelled by you prior to Order Pick-up or as a result of your order not being picked up.
You may only place an online order if you are over the age of legal majority in the province/territory where you reside. You may only purchase or order items for personal, non-business purposes. Unless otherwise indicated, all dollar amounts stated are in Canadian Dollars. Currently, orders may be placed up to 14 days in advance of Order Pick-up, but this may be subject to change in the future.
Loblaw reserves the right to charge a pick-up fee at its discretion. Fees may vary by pick-up location, date and time. All pick-up fees will be disclosed when you are selecting your pick-up location, date and time. Loblaw reserves the right to require a minimum order value before an order may be submitted. Loblaw may at any time, in its sole and unfettered discretion, waive any minimum order requirements.
You may cancel your order or modify the order (including adding or removing products or changing quantities) via the Application or through Customer Service at 1-844-295-8219 up until 11:59 pm the day prior to the pick-up date selected (“Cut-off Time”). If you try to make any modifications after the Cut-off Time, we cannot guarantee that the modification will be made prior to Order Pick-up time. However, depending on the you pick-up location you have selected, you may request modifications at the time of Order Pick-up, if available.
Since we cannot determine the final products and value of your order until it has been assembled, all products available on this Application shall constitute an invitation to make a purchase rather than an offer to sell, and an order confirmation does not constitute an acceptance of an order. The transaction is complete and the sales contract is formed at the time your order has been assembled and you have completed payment for your order.
ORDER PAYMENT
You will only be charged for the actual items included in your order (including costs based on actual weight of any variable weight items priced by weight), less any redemption of coupons or PC Optimum points, or other promotional deductions.
If you fail to pay any fees or charges when due (including fees or charges for returned cheques, cancellation fees, or damages arising from fraudulent use), we reserve the right to charge such amount directly to the credit card provided by you at the time you submitted your order. You are responsible and liable for any fees, including legal costs and collection costs, that we may incur in its efforts to collect any unpaid balances from you.
If you have selected a participating store from a Loblaw banner as your pick-up location, you will be asked to complete payment of your order when you arrive to pick-up your groceries. If you have selected any other location as your pick-up location, including but not limited to a Shoppers Drug Mart location, participating Ontario GO station or PC Express Neighborhood Pickup location, we will charge the credit card provided by you at the time you placed your order once your order has been assembled in-store.
PICKING UP YOUR ORDER
You must pick-up your order during the timeslot and at the location you selected at the time of placing the order (“Order Pick-up”). Depending on the pick-up location you have selected, you may be required to present an order confirmation number or a PIN Code, along with valid government-issued identification for proof of age, if applicable.
Your order will be carefully packed to help ensure product quality. For optimum freshness, please properly store your order within one hour after you have picked up your order. We cannot guarantee the quality of any items that are not properly stored within that time frame.
We reserve the right, to verify to our satisfaction the identity of any person seeking to pick-up an order whether for themselves, or purportedly for another. We reserve the right to restrict the sale of age-restricted products. If the order includes age-restricted products, then the person picking up the order must be over the legal age of majority for your province of residence, and must show valid government-issued identification for proof of age.
Although we will make every effort to have your order ready for your pick-up during your selected timeslot, please note that we will not be liable if we fail to do so in part or in full due to circumstances beyond our control.
Orders cannot be picked up prior to the beginning of the timeslot selected. If you arrive after your selected timeslot to collect the order, we cannot guarantee your order will still be available for pick-up. Please speak to the concierge at the dedicated collection point if one is present, otherwise please call Customer Service at 1-844-295-8219 if you have arrived later than your order pick-up time. The pick-up location, in its sole discretion, may hold your order and make it available to you past your pick-up time.
PRICING AND AVAILABILITY
The prices shown on this Application at the time of ordering reflect the in-store prices of the selected store for the pick-up date selected. Any applicable taxes will be calculated and displayed when completing checkout and prior to submission of your order. All taxes displayed are estimates and the final tax amount will be confirmed based on your final order total. Once you submit your order, the prices of items, or price per weight of items where applicable, is guaranteed unless you placed an order for an item where we have inadvertently listed the incorrect price for a particular item. Although we make our best effort to ensure pricing is accurately reflected for each item on the Application, because the Application contains a large number of items, it is always possible that some of the products listed on the Application may be incorrectly priced. In those circumstances, we reserve the right to apply the correct current price to the item at checkout during Order Pick-up. If you are not satisfied with the current price, you have the right to remove the product from your order.
In cases where we custom-cut, or select variable weight items (such as certain meats or produce or other items priced by weight (e.g. kg/grams)), the per-item price you see in your shopping cart for such items is estimated based on the weight you select on the Application. The final price of these items will be based on the same price per weight indicated on the Application when you completed your checkout and submitted your order, but the final price is determined once we have prepared and weighed your order, and will appear on the invoice you receive at the time of Order Pick-up. As the actual weight of the products may differ slightly from the order placed on the Application, the final price of the items may differ slightly. For such products, the prices you pay are always based on the actual final weight of your products. If you are not satisfied with the final price and weight, you have the right to remove the product from your order.
Although our goal is to fulfill 100% of each order, from time to time, products may be unavailable due to the perishability of items, market conditions, or other conditions beyond our control. We will not be liable to you if we are not able to provide you with any particular product. At times when we have an item that is very similar to the item you ordered, we may contact you via your preferred communication method, if you have indicated one, to suggest a substitution. If you have not indicated a preferred communication method, we may contact you via phone or email, if available. At the time you are notified, you may accept or reject the substitution. If we do not receive a response, we may include the substitution item with your order, and if you are not happy with this replacement, you may reject it at the time of Order Pick-up or return the product.
Please note that we reserve the right to limit your order or the quantity of a particular product you may order.
PRODUCT INFORMATION
We may provide you with recipes, health notices, nutritional and labelling information and other information regarding our products, to enhance your shopping experience. This information is general in nature and does not constitute medical or professional advice. Always consult a certified medical or health professional about the information you find on the Application, in-store, or in other materials we may provide prior to purchasing any product, or before you embark on any diet, exercise, or lifestyle change.
Because manufacturers may change information contained on a label without notifying us, we provide information as a guideline only. Always look critically at any information presented to you and always read current labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer.
We may list the possible countries of origin for many products on the individual product page to the best of our knowledge. Although we strive to maintain accurate information on the country of origin for our products, the country of origin for a particular product may change at any time due to unforeseen circumstances, and in some cases, a country of origin may not be available. If you would like to request information on the actual country of origin for any of the items you are purchasing, please request this information from the concierge at the time of Order Pick-up.
REFUNDS AND EXCHANGES FOR PC EXPRESS PICKUP
If any product in your order is not to your satisfaction, you may return the product by calling Customer Service at 1-844-295-8219, and they will assist you with processing your return. For product exchanges, please take the item to the applicable store to complete the exchange. Exchanges or returns by mail or other means of delivery shall not be accepted.
For all refunds or exchanges, the return policy of the store you selected when placing your order will apply.
PROMOTIONS
We may make various promotional offers from time to time on the Application. Offers and/or promotions on the Application are based on your selected store and pick-up date. Some offers may be informational, Application-based only and not available as an in-store offer or promotion. Not all offers and/or promotions available in-store may be available on the Application. We ask that you review the guidelines associated with each special offer, as they will differ.
If you redeem any coupon, PC Optimum points or gift cards, this will be reflected at checkout at the time of Order Pick-up and is subject to validation and any redemption requirements. We note that such redemptions may not be reflected online at the time of order confirmation. Manufacturers’ coupons and warranties are the responsibility of the individual manufacturers. Coupons offered by the manufacturers may each have relevant information about the duration and limitations of the coupon.
For any of our coupons, in the event we have inadvertently made a typographical error on any coupon or special offer, we reserve the right to suspend redemption or terminate altogether the coupon or offer. We may also offer our customers the opportunity to participate in contests, sweepstakes or other promotions as decided by us. In each case, the promotion may have additional terms and conditions which apply in addition to these terms and conditions. Please review the terms and conditions associated with the particular promotion to determine your eligibility and any participation requirements.
PC EXPRESS DELIVERY IS EXCLUDED
The PC Express Delivery service is provided by Maplebear Inc. (d/b/a Instacart), a separate, third party independent business from Loblaw (“Instacart”). The PC Express Delivery service includes the operation of the PC Express grocery delivery website and the delivery of groceries, all of which is provided by Instacart. Your usage of the PC Express Delivery service is subject to Instacart’s Terms and Conditions and Privacy Policy, not those of Loblaw.
3. TERMS & CONDITIONS FOR BOTH PROGRAMS
OUR RIGHT TO CHANGE TERMS & CONDITIONS OF BOTH PROGRAMS
We reserve the right, in our sole discretion, to modify all or a portion of the terms & conditions of one or both of the Programs at any time without further notice and without incurring any liability or obligation. If we do this, we will post such changes to the terms & conditions on the Application by indicating at the top of this page the date the terms & conditions were last revised. Your continued access to and/or use of the Application after any such changes constitutes your acceptance of, and agreement to be legally bound by, the terms & conditions as revised. It is your sole responsibility to regularly check the Application to determine if there have been any changes to the terms & conditions and to review such changes.
REGISTRATION
In order to place an order through either Program, you must register for an account by logging in using the PC™ id credentials provided to you in association with certain Loblaws and Shoppers Drug Mart Inc. websites or mobile applications (“Account”). If you do not have an Account, you can register for one through the Application. When registering for an Account, you agree to provide accurate and current information about yourself as requested and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality of any passwords or other account identifiers that you choose or that are otherwise assigned to you as a result of any registration or purchase made through the Application; and (c) all activities that occur under such password(s) or Account(s). Further, you agree to notify us of any unauthorized use of your password or Account of which you are or become aware at loblawprivacy@loblaw.ca. Loblaw shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section, or for any delay in shutting down your Account after you have reported a breach of security to us.
LINKING YOUR PC OPTIMUM ACCOUNT
When you link your PC Optimum account to your Account, you give Loblaw permission to access all data related to your PC Optimum account, including your past purchases and points balance. Be advised that details regarding the purchases or transactions made by you or any additional users using your PC Optimum account may be included on pages displaying order history linked to your PC Optimum account. Further you agree and acknowledge that you are responsible for communicating this to any additional users on your PC Optimum account.
VERIFICATION
All orders are subject to verification at any time and for any reason. We reserve the right, in our sole discretion, to require proof of identity: (i) for the purposes of verifying the legitimacy of any order or other information; (ii) for compliance with all applicable laws; or (iii) for any other reason we deem necessary, in our sole discretion, for the purposes of facilitating or fulfilling an order in accordance with the applicable Program terms & conditions.
OUR RIGHTS REGARDING ORDERS
Without limiting the generality of these terms & conditions, we reserve the right to limit or refuse any order you place with us through the Programs. Further, we reserve the right to verify the validity of all orders and cancel any order if we find evidence of fraud, tampering and/or any other violation of these terms & conditions. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing address. In the case of the PC Express program, not all products available in-store may be available online.
COMMUNICATIONS TO CUSTOMERS REGARDING ORDER STATUS
We reserve the right to contact you via your preferred method of communication selected at the time you set up your Account for matters related to your order such as substitutions, availability of product or to let you know the order is available for pick-up. We are not responsible for inaccuracies or message delivery failures due to unforeseen circumstances or events that are beyond our control.
4. GENERAL TERMS APPLICABLE TO THE APPLICATION AND THE PROGRAMS
SAFE SHOPPING
Your safe and secure online shopping experience is our top priority. As such, we routinely monitor the Application for suspicious activity. However, the transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. We do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise on or within the Application, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). In no event will the information you provide on or through the Application be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent.
OUR RIGHT TO DISCONTINUE OR MODIFY THE APPLICATION AND PROGRAMS
You acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of: (i) the Application, including any products offered thereon; and (ii) the Programs, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modification(s) or discontinuance.
USE OF APPLICATION AND OWNERSHIP OF INTELLECTUAL PROPERTY
This Application contains many valuable trademarks (“Trademarks”), names, package designs, copyrighted works and other proprietary materials that are owned by Loblaw, licensed to Loblaw, or otherwise provided by a third party to Loblaw (collectively “Proprietary Materials”). Notwithstanding any other term or condition in this document, Loblaw, or the applicable third party, retains ownership of all Proprietary Materials in, on, and from this Application. All Proprietary Materials are protected by Canadian and international intellectual property laws.
Except as expressly stated therein, this Application is provided for your personal non-commercial use and you may not copy Proprietary Materials for commercial use. You may copy Proprietary Materials (other than the Trademarks) in limited quantities for your personal non-commercial use provided that any copyright notice affixed to the Proprietary Materials on the Application remains affixed to the copied Proprietary Materials. Loblaw reserves the right to restrict your use of this Application and your access to the Programs at any time, which may include terminating your permission to make personal copies of Proprietary Materials.
Nothing contained herein shall be construed as conferring by implication or otherwise any license or right to use, copy or reproduce any of the Trademarks. Therefore, the use, copying or reproduction of the Trademarks for any reason without the express prior written permission of Loblaw is strictly prohibited. All rights reserved.
You are prohibited from using this Application to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, infringing, or profane material or any material that could constitute or encourage unlawful conduct. Loblaw may from time to time monitor or review material transmitted or posted using this Application and reserves the right to delete any material we deem inappropriate. However, we are under no obligation to do so and assume no responsibility or liability arising from any material transmitted or posted using this Application.
DISCLAIMER
Your use of this Application, material from this Application and the Programs is at your own risk.
To the extent permitted by the applicable law, neither Loblaw, any of its agents, nor any other party involved in creating, producing, or delivering this Application or the Programs are liable for any damages whatsoever arising out of your access to, or use of, this Application, any material from this Application, any products offered on this Application or the Programs. Without limiting the foregoing, this Application, the material provided on this Application, the products offered on this Application and the Programs, are provided "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE APPLICATION ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE APPLICATION IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
LOBLAW MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE APPLICATION WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE APPLICATION WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE APPLICATION, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE APPLICATION WILL BE SECURE; (V) THE USE OF THE APPLICATION WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE APPLICATION WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.
LOBLAW WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE APPLICATION OR THE PROGRAMS. YOU EXPRESSLY ACKNOWLEDGE THAT LOBLAW HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE APPLICATION AND THE PROGRAMS AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND LOBLAW. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
TERMINATION
If you breach any provision of these terms we may decide that you are no longer eligible to participate in one or more of the Programs or to use the Application. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Application, the Programs or any part thereof, any of their features, or any products offered on the Application or through the Programs, at any time, for any reason, without any notice or liability to you or any other entity. If your permission to use the Application or the Programs is terminated by us for any reason, the agreement formed by your acceptance of these terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Application or the Programs and anything relating to or arising from such use. If you are dissatisfied with the Application, the Programs or with these terms, then your sole and exclusive remedy is to discontinue using the Application, the Programs or both.
MATERIAL ERRORS, TECHNICAL PROBLEMS OR FRAUD
We reserve the right to withdraw or temporarily change or suspend all or part of the Application or the Programs in any way, in the event of a material error, omission, technical problem, computer virus or bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond our reasonable control that interferes with the proper conduct of any aspect of the Application or the Programs as set out in these terms. Any attempt to deliberately damage the Application or the Programs or to undermine the legitimate operation of the Application or the Programs in any way (as we may determine in our sole discretion) could be a violation of criminal or civil laws and should such an attempt be made, we reserve the right to seek remedies and damages to the fullest extent permitted by law.
LINKS
Loblaw has not reviewed any or all of the sites that may be linked to this Application and is not responsible for any sites linked to this Application. Your linking to any sites from this Application is at your own risk. By linking to a site or permitting a link to this Application, Loblaw does not endorse the site operator or the content of the linked site.
IDEA SUBMISSION/USE OF INFORMATION
Loblaw does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. Should you ignore this policy and submit an idea to Loblaw, you agree that the idea becomes and remains the sole and exclusive property of Loblaw without further liability or compensation to you, and you hereby waive any moral or other rights you may have in the material you submit in favor of Loblaw.
If you respond to Loblaw with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall not be deemed confidential. All such submissions shall be deemed the property of Loblaw, and your submission of information shall constitute an assignment to Loblaw of all worldwide rights, titles, and interests in such information. Loblaw will not be liable for any use or disclosure of such information. Loblaw will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Loblaw will be free to use any ideas, concept, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
Loblaw welcomes your comments and suggestions on this Application, the Programs and products, but Loblaw does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its sites, products or any new products. By submitting information, you warrant that Loblaw may publish such information, use it as part of its operations, and incorporate its concepts in Loblaw products without liability or compensation to you.
SEVERED PROVISIONS AND ENTIRE AGREEMENT
If any provision of these terms is unenforceable, that provision shall be deemed severed from this document and shall not affect the validity and enforceability of the remaining provisions.
This is the entire agreement between the parties relating to the subject matter.
PRIVACY
Without limiting the generality of these terms, your use of the Application is also subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this document. Please carefully review our Privacy Policy. By using the Application, you signify that you have read, fully understand and agree to be legally bound by our Privacy Policy .
APPLICABLE LAW
For all Canadian residents (excluding Quebec), to the extent permitted by the applicable law, you agree that the laws of the Province of Ontario, Canada govern any use of this Application and the Programs, without regard to rules relating to conflict of laws, including with regard to any dispute arising out of your use of this Application, material from this Application or the Programs. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The courts of the Province of Ontario shall have exclusive jurisdiction over all claims.
For residents of Quebec, you agree that the laws of the Province of Quebec, Canada and the federal laws of Canada applicable therein, govern any use of this Application and the Programs, without regard to rules relating to conflict of laws that would apply the substantive laws of another jurisdiction, including with regard to any dispute arising out of your use of this Application, material from this Application or the Programs.