Terms and Conditions

TERMS AND CONDITIONS FOR USE OF THE APPLICATION

Last updated: July 15, 2020

Welcome

Loblaw Companies Limited and/or a Loblaw Companies Limited subsidiary (individually and collectively, "Loblaw") is pleased to provide this mobile application or website (individually and collectively, the “Application”) to its users (“you”) for personal non-commercial use. By installing, accessing or using the Application, you agree unconditionally and without any reservation to be legally bound by all the terms set out below (“Terms of Use”), and to comply with all applicable laws and regulations. If you do not accept and agree to be legally bound by and comply with the Terms of Use, please do not access or use the Application. In the event that any Loblaw subsidiary website contains terms and conditions for the use of that website which conflict with or are inconsistent with the Terms of Use, those terms and conditions for use of that website will prevail and govern to the extent of the conflict or inconsistency in connection with the use of that website.

Updates to the Terms of Use

We reserve the right, in our sole discretion, to modify all or a portion of the 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 the Terms of Use on the Application by indicating at the top of this page the date on which the Terms of Use were last revised and are effective. 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 of Use as revised. It is your sole responsibility to regularly check the Application to determine if there have been any changes to the Terms of Use and to review such changes.

Products

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.

Privacy

Without limiting the generality of these Terms of Use, 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.

Intellectual Property

This Application and all of its content are protected by copyright. The Application also contains many valuable trademarks (“Trademarks”), names, logos, designs, 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 these Terms of Use, Loblaw, or the applicable third party, retains ownership of all Proprietary Materials in, on and from the Application. All Proprietary Materials are protected by Canadian and international intellectual property laws. Except as expressly stated therein, no other use is permitted and no part of the content of the Application may be copied, resold, reproduced, distributed, republished, downloaded, represented, displayed or transmitted by any method whatsoever, including electronic, mechanical, or by photocopying, recording or otherwise, without the prior written permission of Loblaw or the owner of the intellectual property right. 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. You may not use any software, data mining tools, bots, automated tools, engines, agents, devices or similar data gathering and extraction tools to scrape, navigate, search or collect any information from the Application and the Proprietary Materials. Loblaw reserves the right to restrict your use of the Application 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. You are prohibited from using the 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, at our sole discretion, inappropriate. However, we are under no obligation to do so and assume no responsibility or liability arising from any material posted or transmitted using the Application.

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

We reserve the right to withdraw or temporarily change or suspend all or part of the Application 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 as set out in these Terms of Use. Any attempt to deliberately damage the Application or to undermine the legitimate operation of the Application 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 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

If any provision of the Terms of Use is unenforceable, that provision shall be deemed severed from this agreement 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.

Applicable Law

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.