Terms and Conditions
TERMS AND CONDITIONS FOR USE OF THE APPLICATION
Last updated: July 15, 2020
Not all stores carry the complete range of our products. Also, some of our products are available for a seasonal or limited time only. The prices shown on the Application may differ from those in-store. Although we make our best effort to ensure pricing is accurately reflected for each item on the Application, 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 in-store.
Features of the Application and Security
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. To the extent permitted by applicable law, 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). 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.
Discontinuance or Modification of the Application
You acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of the Application, including any products offered thereon, 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.
Disclaimer and Limitation of Liability
Your use of the Application and material from the Application is at your own risk. To the extent permitted by the applicable law, neither Loblaw, any of its affiliates, executives, managers, employees, licensors, content providers, service providers, representatives and agents (collectively, “Representatives”), nor any other party involved in creating, producing, or delivering the Application are liable for any damages whatsoever arising out of your access to, or use of, the Application or any material or products provided on or through the Application. Without limiting the foregoing, the Application and any material provided on or through the Application are provided "AS IS" AND WHEN AVAILABLE, 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 DEVICE, COMPUTER AND SOFTWARE; (II) THE APPLICATION WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR OR THAT CONTENT LOSS WILL NOT OCCUR; (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 DEVICE, COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES. LOBLAW AND THE REPRESENTATIVES 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. YOU AGREE THAT NEITHER LOBLAW NOR THE REPRESENTATIVES HAVE ANY LIABILITY IN CONNECTION WITH THE APPLICATION OR ITS CONTENT TOWARDS YOU OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY LOSS OR DAMAGE WHATSOEVER, IN PARTICULAR, ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF THE USE OF THE APPLICATION OR ITS CONTENTS OR ACCESS THERETO, OR ANY INCONVENIENCE, DELAY OR IMPOSSIBILITY OF ACCESS OR USE RELATING TO THE APPLICATION OR ITS CONTENT, OR TO THE CONTENT OF ANY RELATED SITE, OR THE FAILURE OF SUCH A SITE AND/OR RELATED APPLICATION. YOU EXPRESSLY ACKNOWLEDGE THAT LOBLAW HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE APPLICATION 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.
Material Errors, Technical Problems or Fraud
Links to Other Websites
Loblaw has not reviewed any or all of the websites that may be linked to this Application and offers no guarantee to you that the information on such other linked websites is up-to-date, correct or complete. Your linking to any websites from the Application is at your own risk. By linking to a website or permitting a link to the Application, Loblaw does not endorse the website operator or the content of the linked website.
Severed Provisions and Entire Agreement
For all Canadian residents (excluding residents of the Province of Quebec), to the extent permitted by the applicable law, you agree that the laws of the Province of Ontario and the federal laws of Canada applicable therein govern any use of this Application, 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 the Application or material and content from the Application. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The courts of the Province of Ontario, in the judicial district of Toronto shall have exclusive jurisdiction over all claims. For residents of the Province of Quebec, you agree that the laws of the Province of Quebec and the federal laws of Canada applicable therein, govern any use of the Application, 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 the Application or material and content from the Application. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The courts of the Province of Quebec, in the judicial district of Montreal shall have exclusive jurisdiction over all claims.