Terms of service

Welcome

Loblaws Inc. (“LINC”), together with its subsidiaries and affiliates (referred to as “us”, “we” and/or “Loblaw”) are 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 (the “Terms and Conditions”), and to comply with all applicable laws and regulations.

We are pleased to offer you certain programs on the Application, namely PC ExpressTM pickup (“PC Express Pickup”) and PC ExpressTM delivery (“PC Express Delivery” and collectively with PC Express Pickup, the “Programs” or each a “Program”), subject to these Terms and Conditions.

We are also pleased to offer the PC Express Pass subscription service (“PC Express Pass”) to users of the Programs, subject to these Terms and Conditions.

To help you navigate the Terms and Conditions, we have included headings and sections to guide you, which cover the following topics, in the following order:

1. Application of the Terms and Conditions

2. Terms of Use for the Application

3. Terms and Conditions for the Programs:

A. PC Express Pickup & PC Express Delivery

B. Additional Terms and Conditions for Liquor Applicable to PC Express Pickup

C. Additional Terms and Conditions for the Programs

4. Terms and Conditions for PC Express Pass

5. General Terms Applicable to the Application, the Programs, and PC Express Pass

By accessing the Application to use the Programs, by purchasing a PC Express Pass subscription, or by placing an order, you are accepting and agreeing to be legally bound by and comply with the Terms and Conditions.

Without limiting the generality of the Terms and Conditions, your use of the Application, the Programs, and PC Express Pass is also subject to the terms of our Privacy Policy (the “Privacy Policy”), which is incorporated into and made part of this document.  Please carefully review our Privacy Policy. By using the Application, by purchasing a PC Express Pass subscription, or by placing an order, you agree that you have read, fully understand and consent to the collection, use and disclosure of your personal information as set out in our Privacy Policy.

1. Application of the Terms and Conditions

The Terms and Conditions apply to the Programs as they are offered to you through the Application and govern your use of the Programs. The Terms and Conditions also apply to PC Express Pass.

If any other mobile application or website provided by Loblaw contains terms for the use of that application or website that conflict with, or are inconsistent with, the Terms and Conditions, the Terms and Conditions will prevail and govern to the extent of the conflict or inconsistency in connection with the use of the Application, the Programs, or PC Express Pass.

2. Terms of Use for the Application

Application Errors

Every effort has been made to help ensure that the information contained on and within the Application is correct.  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 to you (including after you have submitted your order).

Notice to Mobile Users of the Application

To use the Application, in addition to complying with these Terms and Conditions, you must also comply with the rules, restrictions and requirements of the application store from which you may decide to download the Application, for example, the Apple App Store or Google PlayTM store. 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 services or the Application. You acknowledge that you have reviewed the Apple App Store terms and conditions (currently located at https://www.apple.com/ca/legal/internet-services/itunes/ca/terms.html). These Terms of Use incorporate by reference the Licensed Application End User License Agreement (the “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 govern. 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.

3. Terms and Conditions for the Programs

A. PC Express Pickup & PC Express Delivery

The following provisions only relate to PC Express Pickup and PC Express Delivery.

When you make an order for PC Express Delivery in the Application, you acknowledge that this Program is made available to you by LINC. However, orders in PC Express Delivery are delivered to you by third party service providers who are not affiliated with Loblaw and Loblaw takes no responsibility for the acts or omissions of such third parties.

Placing an Order and Changes to Your Order

By submitting your order, you agree to pick up your order from your selected pickup location as set out in the Application, or to have your order delivered to you at the location you provide in the Application, 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. 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 if you 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 changes to promotional discounts, 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 pickup as explained below. This authorization is cancelled when your order is processed for payment, when your order is cancelled by you prior to the time when you pick up your order or when a third party delivery operator retrieves your order from a fulfilment location (“Order Pickup”) or as a result of your order not being picked up.

You may only place an order if you are over the age of legal majority in the province/territory where you reside. You may only order items for personal use, and not for business purposes (such as for resale). Unless otherwise indicated, all dollar amounts stated are in Canadian Dollars. Currently, orders may be placed up to 14 days in advance of Order Pickup, but this may be subject to change in the future.

Loblaw reserves the right to charge pickup, delivery, and/or service fees at its discretion. Fees may vary by location, date and time. All fees will be disclosed when you have selected the items you wish to purchase and are checking out in the Application. 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. Whether your order contains liquor is not a factor in charging or establishing our fees.

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 the deadline communicated to you at the time you select your pickup or delivery timeslot (“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 Pickup time. However, if your order is for PC Express Pickup, depending on the pickup location you have selected, you may request modifications at the time of Order Pickup, if available. The Cut-off Time for same-day orders is the time when the order is placed.

Since we cannot determine the final products and value of your order until all products have been picked in-store and assembled, all products available on the 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 considered complete at the time all products have been picked and the order has been assembled and you have successfully completed payment for your order.

Payment for, and Fees Associated with, Your Order

Loblaw collects certain fees and amounts for use of PC Express Pickup and PC Express Delivery. Loblaw reserves the right to add, reduce or otherwise modify fees from time to time in Loblaw’s sole discretion.

You will only be charged for the actual items included in your order at the time of order fulfilment (including costs based on actual weight of any variable weight items priced by weight), less any redemption of coupons or PC OptimumTM points, or other promotional deductions.

If you fail to pay any fees or charges when due, 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 our efforts to collect any unpaid balances from you.

For PC Express Pickup, if you have selected a participating store from a Loblaw banner as your pickup 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 pickup location, including but not limited to a 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.

For PC Express Delivery, we will charge the credit card provided by you at the time you placed your order when the third party delivery operator picks your order up from the fulfilment location.

Picking up Your Order

In PC Express Pickup, you must pick up your order during the timeslot and at the location you selected at the time of placing the order. Depending on the pickup 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 products 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 you to pick up during your selected timeslot, please note that we will not be liable if we fail to do so.

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 pickup time. The pickup location, in its sole discretion, may hold your order and make it available to you past your pickup time.

Pricing and Availability

The prices shown on the Application at the time of ordering reflect the in-store prices of the selected store at the time you are placing your order. Prior to completing your checkout and submitting your order, we will display an estimate of your final order total and an estimate of applicable taxes, but the final order total and binding tax amount will be confirmed when your order is fulfilled on delivery or pickup. In the case of a discrepancy between the estimate of your final order total and your final order total, the final order total will govern. Please note that the price that will be charged to you for each item included in your order will be the price of the product on the pickup or delivery date. Promotional pricing of items may change between the order date and the order fulfilment date and you will not obtain the promotional pricing for a product if the promotion has ended before the order fulfilment date.

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 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 price to the item at checkout during Order Pickup. If you are not satisfied with the current price, you have the right to remove the product from your order.

In cases where the product you order is custom-cut, or in the case of 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 Pickup. 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 items are low in quantity, we offer similar product suggestions prior to your checkout on the Application, and if after your checkout in the Application we are only able to provide you with 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. In PC Express Pickup, if you are not happy with this replacement, you may reject it at the time of Order Pickup and have the item credited from your bill, or you may return the product. In PC Express Delivery, if you are not happy with the replacement, please call Customer Service at 1-844-295-8219 and you may request a refund.

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. Loblaw is committed to promoting responsible consumption, cautioning that drinking alcohol during pregnancy can cause birth defects and brain damage to your baby. 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 products on the individual product page. Such information is provided to the best of our knowledge. Although we strive to maintain accurate information on the country of origin for our products that are displayed for sale through the Application, the country of origin for a particular product may change at any time due to unforeseen circumstances, and in some cases, information about the 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 customer service desk at the time of Order Pickup if your order is for PC Express Pickup, or please call Customer Service at 1-844-295-8219 if your order is for PC Express Delivery.

Refunds and Exchanges

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 will 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 pickup date for PC Express Pickup, and order delivery date for PC Express Delivery. 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 Pickup 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.

B. Additional Terms and Conditions for Liquor Applicable to PC Express Pickup

For clarity, all the general provisions regarding PC Express Pickup also apply to liquor orders placed through PC Express Pickup.

Liquor is only advertised, and made available for online purchase, in a particular section of PC Express Pickup. No other products are advertised or available for online purchase in the section of PC Express Pickup which focuses on liquor products.

For Ontario stores, prices shown on the product pages for beer, wine and cider include applicable taxes and bottle deposit fees. Prices shown at checkout will be itemized separately to show you the product price before applicable taxes and bottle deposit fees are added. Prices shown in the mini-cart exclude applicable taxes and bottle deposit fees which will be shown at checkout.

You may only place an order for liquor if you are over the age of legal majority in the province/territory where you reside. Further, you may not place an order for liquor for the purposes of giving the liquor to a minor.

Where your order contains liquor, the redemption of coupons and PC Optimum points cannot be accepted as full or partial payment of liquor. For orders containing liquor, there will be no promotional offers, redemption of coupons, points, or promotions available separately or through the PC Optimum points system. Loblaw will not (1) accept any benefits issued under a loyalty program or a rewards marketing program, including coupons, tickets, points (including PC Optimum points) or rewards; (2) exchange, convert, or redeem any benefits issued under a loyalty program or a rewards marketing program, including coupons, tickets, points (including PC Optimum points) or rewards, for cash that is applied to payment for liquor, or (3) offer free or discounted merchandise contingent upon the purchase of liquor. No advertisements or promotions located on the particular section of the PC Express program for liquor will allow for the use of points (including PC Optimum points) for the payment of beer, wine, or cider (including exchange, conversion, or redemption of).Notwithstanding the above, the above mentioned benefits or interactions with the PC Optimum program may be permissible from time to time in certain jurisdictions where permitted by law.

Because Loblaw will fulfill orders for liquor from the inventory of the particular store you have selected, the final products and value of your order will not be determined until it has been assembled.

If your order contains liquor, a Smart-Serve certified Loblaw employee will ask you to present valid government-issued identification for proof of age. If your order contains liquor, you will only be able to arrange for and complete an Order Pickup between the hours of 7:00a.m. and 11:00p.m. The liquor may only be picked up from the store that had the liquor in its inventory and not from another store or location.

C. Additional Terms and Conditions for the Programs

Our Right to Change Terms and Conditions of the Programs

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

Registration

To place an order through either Program, you must have an Account. If you already have an Account, you may use those log-in credentials to access your selected Program when you visit the Application. If you do not have an Account, you can register for one within the Application by submitting the required information. 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: (i) the accuracy of all information that you provide to us; (ii) 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 (iii) 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 client@replydesk.online, and you agree not to use another user’s Account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through your use of the Application. 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 if there is a suspected or reported a breach of security.

Linking your PC Optimum Account

When you link your PC Optimum membership 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 of 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 these Terms and Conditions.

Our Rights Regarding Orders

Without limiting the generality of these Terms and 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 and 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 PC Express Pickup and PC Express Delivery, not all products available in-store may be available online. We may also cancel an order if we suspect that the order is for commercial use purposes.

Communications to Customers regarding Order Status

We reserve the right to contact you via a specified method of communication for matters related to your order such as substitutions, availability of products, confirmation of payment, or to let you know the order is available for pick up or, in the case of PC Express Delivery,has been delivered. When contacting you by SMS messaging, standard text messaging charges may apply, and we will not be responsible for any such charges. We are not responsible for inaccuracies or message delivery failures due to unforeseen circumstances or events that are beyond our control.

4. Additional Terms and Conditions for PC Express Pass

We are pleased to offer you access to PC Express Pass. The following provisions relate only to PC Express Pass and are only for orders that you submit through the Application.

PC Express Pass Benefits

PC Express Pass is a paid subscription program offered by LINC. In exchange for a subscription fee, the PC Express Pass entitles subscribers to reduced fees on orders placed through the Programs where a minimum spend threshold (the “Minimum Spend Threshold”) is met and the subscription is still in place at the time the order is fulfilled (the “PC Express Pass Benefits”).

Eligibility

PC Express Pass is being offered to customers who meet our eligibility criteria which we determine from time to time. PC Express Pass is for personal use only and cannot be assigned or otherwise transferred to another party. We reserve the right to change eligibility criteria for new members, for members upon subscription renewal, and to limit the total number of members having a PC Express Pass at any time and for any reason. The general criteria for use of the Programs stated throughout these Terms and Conditions continue to apply to orders made by PC Express Pass subscribers.

Minimum Spend Threshold

PC Express Pass subscribers will receive the PC Express Pass Benefits when their order made through the Application meets the Minimum Spend Threshold. The Minimum Spend Threshold will be made available to customers and is subject to change from time to time in our sole discretion. The Minimum Spend Threshold must be met from the value of the PC Express Pickup and/or PC Express Delivery components of the order.

PC Express Pass Subscriptions

PC Express Pass is offered for a monthly or annual fee payable at the start of the relevant period. You may choose whether to purchase a monthly or annual subscription and the pricing for each subscription type may differ. The annual subscription plan costs $99.99 (plus tax). The monthly subscription plan costs $9.99 (plus tax). References to currency refer to Canadian dollars. We can in our sole discretion change the price of a monthly or annual subscription fee with appropriate notice, and the new fee will apply to you on the renewal of your subscription. Subscription fees will be charged to the payment method you provide when you enroll, and then from period to period, as applicable.

For Quebec residents, your subscription period starts on the date you complete your registration and continues for an indeterminate term. You may opt to pay $99.99 (plus tax) on the date you complete your registration for a 12-month period, and at the end of each 12-month period you will be charged the then-applicable annual subscription plan cost. You may also opt to pay $9.99 (plus tax) on the date you complete your registration for a one-month period, and at the end of each one-month period you will be charged the then-applicable monthly subscription plan costs. Subscription fees may change at any time, but you will receive a notice at least 30 days before the coming into force of the change, which notice will specify the new subscription fees and the date of the coming into force of the change. Upon receipt of such a notice, you may refuse the change by cancelling your subscription without cost, penalty or cancellation indemnity by providing Loblaw with a notice to that effect no later than 30 days after the change comes into force.

By signing up for PC Express Pass and providing Loblaw with your PCTM id account (“Account”) payment information, you agree that: (a) you will be charged your first PC Express Pass subscription fee and any applicable taxes on the date you purchase your PC Express Pass subscription; (b) you authorize Loblaw and its service providers to store your payment method for the purpose of executing future PC Express Pass auto-renewal transactions; (c) EXCEPT IN QUEBEC, UNLESS YOU CANCEL YOUR SUBSCRIPTION, BY DEFAULT, YOUR PC Express Pass SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD, and (d) EXCEPT IN QUEBEC, AT THE TIME OF RENEWAL, LOBLAW WILL AUTOMATICALLY CHARGE THE THEN-CURRENT PC Express Pass FEE AND ANY APPLICABLE TAXES TO AN ELIGIBLE PAYMENT METHOD THAT WE HAVE ON FILE FOR YOU. If your payment details change, your card provider may provide us with updated card details. We may use these new payment details in order to help prevent any interruption to your PC Express Pass subscription. If you would like to use a different payment method or if there is a change in payment method, please update your billing information in your Account.All billing information you provide to us must be truthful and accurate and you represent that you are authorized to use the payment method in connection with purchasing a PC Express Pass subscription. If the payment method you provided to us for payment is declined or if a payment was not successfully made by you, you remain responsible for any uncollected amounts. If a payment is not successfully made and you do not cancel your account, we may suspend your PC Express Pass until we have successfully charged a valid payment method.

Promotional Offers

Loblaw, from time to time, offers customers trial or other promotional subscriptions to PC Express Pass. Such trial or promotional subscriptions are subject to these Terms and Conditions except as otherwise stated in the promotional offer. If you accept a promotional subscription to PC Express Pass, you may cancel the subscription at any time during the trial period without penalty. However, if you do not cancel your subscription before the trial period expires, Loblaw will charge you for an annual subscription, unless you are a Quebec resident. If you are a Quebec resident, to obtain a promotional subscription you must agree to an indeterminate term subscription and select annual payment of applicable subscription fees, which fees will be charged to you at the end of the promotional period. You may cancel the subscription at any time without penalty. If you purchase a PC Express Pass subscription with a promotional code, the benefits of the subscription may be subject to the terms of the specific promotional offer you accept, and each time your PC Express Pass subscription renews, you will be charged the full billing amount. Only one trial or promotional subscription is available per Account. If your PC Express Pass subscription is ever terminated for any reason, you shall not be eligible for a free trial on any subsequent PC Express Pass subscription.

Cancellation

You can cancel your PC Express Pass subscription at any time through your Account in the Application. You must cancel at least one (1) day before the next-scheduled subscription renewal date (or, if you are a Quebec resident, the next-scheduled subscription fee payment date) to avoid being charged for the next subscription period (or, if you are a Quebec resident, the next subscription fee period) (for example, if your renewal date is February 23, you must cancel by 11:59:pm Eastern Standard Time on February 22). If you do not cancel prior to the beginning of the next subscription or subscription fee period, you will be charged for the next subscription or subscription fee period.

Unless you reside in the Province of Québec, if you cancel your PC Express Pass subscription at any other time, you will not receive a refund, but you can continue to enjoy the PC Express Pass Benefits through the end of your then-current subscription period. For customers in Quebec, if you cancel your subscription your PC Express Pass Benefits will terminate immediately, and you will receive a prorated refund automatically for the period for which you have paid Subscription fees and will not receive PC Express Pass Benefits as a result of the cancellation of your subscription.

Modifications

Loblaw reserves the right to restrict, suspend or otherwise change any aspect of the PC Express Pass. We may modify all or one or more parts of these Terms and Conditions at any time, including, without limitation, the following elements:

Any and all

Eligible transactions, including the products and/or services that you must purchase for the

PC Express

Pass Benefits to apply;

The Minimum Spend Threshold;

The eligibility conditions for participating in

PC Express

Pass;

The subscription period, renewal, renewal date and/or relevant terms;

The subscription fees and payment terms; and

Any other element of these Terms and Conditions.

PC Express

Pass Benefits, and eligibility to receive them. For example:

In the event these Terms and Conditions relating to the PC Express Pass are restricted, suspended or changed, we will provide you notice at least 30 days before the amendment comes into effect. Such notice will be provided by posting the amended Terms and Conditions online, by sending you written notice using your email address or mailing address (if you have provided us with such an address), and setting out the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect. Upon receipt of such notice, and if the amendment entails an increase in your obligations or a reduction in our obligations, you may refuse the amendment and cancel your PC Express Pass subscription without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than 30 days after the amendment comes into force, at the address or email address indicated in the notice.

If you do not exercise your right to rescind or cancel your PC Express Pass subscription by sending us notice no later than 30 days after the amendment comes into force, your continued subscription to PC Express Pass at any time after such 30-day delay has expired will constitute your consent to be bound by the amendment.

Loblaw reserves the right to accept, refuse, suspend, or cancel your PC Express Pass subscription at any time in its sole discretion. If Loblaw cancels your PC Express Pass subscription, you will receive a refund of your subscription fee on a pro rata basis calculated from the end of the month during which your subscription was cancelled (unless you reside in Quebec, in which case the refund will be calculated from the date on which your subscription was cancelled), unless Loblaw terminates your Account or your PC Express Pass subscription because we determine, in our sole discretion, that your actions or your use of the PC Express Pass violates these Terms and Conditions. If you reside in Quebec, Loblaw will provide you with a notice of at least 60 days before the cancellation of your subscription, unless the cancellation is a result of your default to abide by these Terms and Conditions.

Additional Terms for Subscribers to the PC Optimum Insiders Program

At this time, it is not possible for you to be both a PC Express Pass subscriber (including a PC Express Pass subscriber in a trial or promotional subscription) and a member of the PC Optimum Insiders (“PCOI”) program at the same time. Customers who choose to subscribe for a PC Express Pass will not be permitted to purchase a PCOI subscription.

Current PCOI members may voluntarily elect to terminate their PCOI subscription to become a PC Express Pass subscriber. PRIOR TO MAKING SUCH AN ELECTION, PCOI MEMBERS ACKNOWLEDGE AND AGREE THAT: (A) YOU WILL RECEIVE A PRORATED REFUND OF THE REMAINING BALANCE OF YOUR ANNUAL PCOI SUBSCRIPTION FEE; (B) THE BENEFITS OFFERED TO PC Express PASS SUBSCRIBERS AND PCOI MEMBERS ARE DIFFERENT AND BY CHOOSING TO TERMINATE YOUR PCOI SUBSCRIPTION YOU WILL NO LONGER GAIN ANY OF THE BENEFITS OFFERED TO PCOI MEMBERS NOR WILL YOUR SUBSCRIPTION TO PCOI CONTINUE UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM; AND (C) YOU WILL NOT BE ABLE TO REVERSE THE TERMINATION OF YOUR PCOI SUBSCRIPTION FOR ANY REASON OR AT ANY TIME AND WILL NOT BE ABLE TO BECOME A PCOI MEMBER AGAIN, EVEN IF YOU TERMINATE YOUR PC Express PASS SUBSCRIPTION.

 Additional Terms for Select President’s Choice Financial® (“PC Financial”) Payment Product Account holders 

If you are the primary cardholder or accountholder of a select credit card account, deposit account, or other financial or payment account offered or provided by PC Financial (a “PC Financial Payment Product Account”) you may be eligible to receive a complimentary subscription to PC Express Pass at no additional cost. This offer will be available to you provided (a) you have applied for and been approved for a PC Financial Payment Product Account eligible for this offer, or you are the primary cardholder or accountholder of a PC Financial Payment Product Account that has been upgraded to a product eligible for this offer; (b) you verify or have verified your identity in accordance with PC Financial’s policies and procedures; (c) you link your PC Optimum account (“PC Optimum Account”) to your PC Financial Payment Product Account following the instructions provided by PC Financial; and (d) your PC Financial Payment Product Account is open and in Good Standing (as defined under the applicable account agreement with PC Financial) and continues to be eligible for this offer. Once enrolled, your complimentary subscription will continue indefinitely, provided your PC Financial Payment Product Account and your PC Optimum Account continue to be open and in Good Standing (as defined under the applicable account agreement with PC Financial) and continues to be eligible for this offer. PC Financial reserves the right to amend its eligibility criteria for this offer at any time, for any reason with or without notice to you. 

The complimentary subscription offer set out above is available to the primary cardholder on the eligible PC Financial Payment Product Account only, is not available to additional cardholders on your PC Financial Payment Product Account, and is not transferable or assignable. If your PC Financial Payment Product Account is suspended or closed for any reason, is no longer in Good Standing, or is no longer eligible for this offer, your PC Express Pass subscription may be terminated with no notice to you, and you will immediately lose access to all benefits of the subscription. In the event your PC Optimum Account is suspended or closed for any reason, to be eligible to continue your complimentary PC Express Pass subscription you must either (a) contact Loblaw using the contact information provided in these Terms and Conditions to resolve any issue or defect impacting your PC Optimum Account, or (b) contact PC Financial at the contact information provided in the applicable account agreement with PC Financial, unlink your suspended or closed PC Optimum Account from your PC Financial Payment Product Account, and link a valid PC Optimum Account. In the event of any suspension or termination of your subscription under this offer, you will not be eligible to receive a refund, pro-rata or otherwise, of the cost of the annual PC Express Pass subscription or of any annual or other fee or charge on your PC Financial Payment Product Account. 

If you are subscribed in PC Express Pass or the PCOI program at the time of your acceptance of this offer, including any trial or promotional subscription, your existing subscription in these programs will be terminated effective as of the date your PC Financial Payment Product application or upgrade has been approved, and you may be eligible to receive a refund for any applicable subscription fees as set out under the sections titled “Cancellation” (for PC Express Pass) or “Additional Terms for Subscribers to the PC Optimum Insiders Program” (for the PCOI program) in these Terms and Conditions. 

5. General Terms Applicable to the Application, the Programs, and PC Express Pass

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

The 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 these Terms and Conditions, Loblaw, or the applicable third party, retains ownership of all Proprietary Materials in, on, and from the Application.

Except as expressly stated, the 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 the Application and/or the Programs at any time, which may include terminating your permission to make personal copies of Proprietary Materials.

Nothing in these Terms and Conditions 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 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 the 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 the Application.

Disclaimer

Your use of the Application, material from the Application, the Programs, and PC Express Pass is at your own risk.

To the extent permitted by the applicable law (if you reside in Quebec, the limitations set out herein do not release Loblaw from the consequences of its own acts or the acts of its representatives), neither Loblaw nor any of its respective agents, nor any other party involved in creating, producing, or delivering the Application, the Programs, and PC Express Pass are liable for any damages whatsoever arising out of your access to, or use of, the Application, any material from the Application, any products offered or delivered through the Application, the Programs, and PC Express Pass.

WITHOUT LIMITING THE FOREGOING, THE APPLICATION, THE MATERIAL PROVIDED ON THE APPLICATION, THE PRODUCTS OFFERED AND DELIVERED ON THE APPLICATION, THE PROGRAMS, AND PC Express PASS ARE PROVIDED "AS IS" AND “AS 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 NON-INFRINGEMENT. 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 and within the Programs is not an offer or solicitation by 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 or function 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 malware, 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, the Programs, and PC Express Pass. You expressly acknowledge that Loblaw has entered into this agreement with you, that Loblaw makes the Application, the Programs, and PC Express Pass available to you, in reliance upon the limitations and exclusions of liability and the disclaimers set forth in these Terms and Conditions, 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 in these Terms and Conditions 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.

Indemnification

You agree to defend, indemnify, and hold harmless Loblaw and each of its respective affiliates, and their respective directors, officers, employees, representatives, and agents (each an “Indemnitee”) from and against any and all claims, actions, demands, legal proceedings, liabilities, damages, losses, judgments, authorized settlements, costs or expenses, including without limitation reasonable lawyers’ fees arising out of or in connection with any alleged or actual act or omission by you, including but not limited to:

any claim that you have caused bodily injury (including death) or have damaged real or tangible personal property;

your misuse of the Programs;

any third party’s access or use of the Application or Programs using your Account;

any violation by you of any laws, governmental rules, ordinances, or regulations; and

any breach by you of any representation, warranty, condition, or covenant set forth in these Terms and Conditions.

You shall assume full responsibility for any and all damages related to your indemnification obligations. You will provide the above indemnity even if losses are due, or alleged to be due, in part to any Indemnitee’s concurrent negligence or other fault, breach of contract, warranty or condition, or strict liability without regard to fault; provided, however, that your contractual obligation of indemnification shall not extend to the percentage of the damages or injuries or the settlement amount attributable to the Indemnitee’s negligence or other fault, breach of contract, warranty or condition, or to strict liability imposed upon Indemnitee as a matter of law. In the event of an indemnification claim, Loblaw shall promptly notify you of such claim, (ii) at your expense, reasonably cooperate with you in the defense thereof, and (iii) not settle any such claims without your consent which you agree not to unreasonably withhold or delay.  You shall keep Loblaw informed at all times as to the status of your efforts and consult with Loblaw concerning your efforts and you shall not settle the claim without Loblaw’s prior written consent.

Limitation of Liability

IN NO EVENT SHALL THE INDEMNITEES BE LIABLE FOR ANY INDIRECT OR SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOST DATA, ARISING OUT OF OR IN CONNECTION WITH THE PROGRAMS OR THE APPLICATION, INCLUDING YOUR USE OF YOUR ACCOUNT IN CONNECTION WITH THE APPLICATION, THE PROGRAMS, AND PC Express PASS, EVEN IF ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGE, LOSS OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORT OR BREACH OF CONTRACT, INCLUDING WITHOUT LIMITATION FAILURE OF ESSENTIAL PURPOSE.  YOU AGREE THAT ALL CLAIMS BY YOU WITH RESPECT TO THE APPLICATION, THE PROGRAMS, AND PC Express PASS MUST BE MADE WITHIN ONE (1) YEAR OF THE DATE DISCOVERED. IF YOU RESIDE IN QUÉBEC, NOTHING IN THIS SECTION RELEASES LOBLAW FROM THE CONSEQUENCES OF ITS OWN ACTS OR THE ACTS OF ITS REPRESENTATIVES, NOR DOES IT RESTRICT YOUR RIGHT TO GO BEFORE A COURT WITHIN THE PRESCRIPTION PERIODS STIPULATED BY QUEBEC LAW.

Termination

If you breach any provision of these Terms and Conditions, we may decide that you are no longer eligible to participate in or use one or more of the Application, the Programs, and PC Express Pass. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Application, the Programs or any part thereof, PC Express Pass, 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, subject to these Terms and Conditions.  If your permission to use the Application, the Programs, or PC Express Pass is terminated by us for any reason, the agreement formed by your acceptance of these Terms and Conditions will nevertheless continue to apply and be binding upon you in respect of your prior use of the Application, the Programs, or PC Express Pass and anything relating to or arising from such use. If you are dissatisfied with the Application, the Programs, or PC Express Pass, or with these terms, then your sole and exclusive remedy is to discontinue your use of the Application, the Programs, or PC Express Pass.

Material Errors, Technical Issues or Fraud

We reserve the right to withdraw or temporarily change or suspend all or part of the Application, the Programs, or PC Express Pass in any way, including in the event of a material error, omission, technical problem, malware, computer virus or bugs, tampering, unauthorized intervention, fraud, technical failure, and any other cause beyond our reasonable control that interferes with the proper conduct of any aspect of the Application, the Programs, or PC Express Pass 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.

The Application may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Except as may be required by applicable law, Loblaw is not responsible for any delays, delivery failures, or damage, loss or injury resulting from such problems.

Unlawful Purposes

You shall only use the Application, the Programs, and PC Express Pass for lawful purposes. You agree that you will not use the Programs to send or store any unlawful material or for deceptive or fraudulent purposes and will not engage in conduct that harms other users, Loblaw employees, or other persons. You agree you will not use the Programs to cause nuisance, annoyance, or inconvenience.

You agree to report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Programs.

Links

Loblaw has not reviewed any or all of the sites that may be linked to the Application and is not responsible for any sites linked to the Application. Your linking to any sites from the Application is at your own risk. By linking to a site or permitting a link to the 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, including one that relates to the Application, the Programs, or PC Express Pass, you agree that the idea becomes and remains the sole and exclusive property of Loblaw (including any intellectual property rights in such information) without 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 irrevocable and unconditional assignment to Loblaw of all worldwide rights, titles, and interests in such information (including any intellectual property rights 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 or making changes to the Application, the Programs, or PC Express Pass which incorporate or otherwise rely upon such information.

Loblaw welcomes your comments and suggestions on the Application, the Programs, PC Express Pass, 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 agree that Loblaw owns the rights to such information as set out above, and 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 and Conditions is unenforceable, that provision shall be deemed severed from these Terms and Conditions 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.

No Waiver

Our failure to enforce or monitor a provision of the Terms and Conditions does not constitute a waiver of our right to do so in the future with respect to that provision, any other provision, or the Terms and Conditions as a whole.

Assignment

The Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Loblaw without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. The Terms and Conditions bind and enure to the benefit of each party and the party’s successors and permitted assigns.

Applicable Laws

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 the 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 the Application, material from the 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 within Quebec, govern any use of the Application, the Programs, and PC Express Pass, 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, material from the Application, the Programs, or PC Express Pass.

Contact Information

If you have any questions about the Terms and Conditions or if you wish to make any customer service inquiries, please call 1-844-295-8219 for inquiries relating to PC Express Pickup or PC Express Delivery. You may also contact Loblaw with questions or comments regarding the Terms and Conditions at the following address:

Loblaw Companies Limited 1 President’s Choice Circle Brampton, ON L6Y 5S5

Attention: Legal Department