Terms of Use

Welcome to the sites and interactive services owned, operated or provided by Sobeys Capital Incorporated and its subsidiaries (the "Company", Sobeys, "we", "us" or "our"). These Terms of Use ("Terms") govern your use of any Sobeys website, mobile site, application, and/or other service (collectively, the "Services") that includes a link authorized by us to these Terms.

Please review these Terms carefully. By using any of the Services, you accept these Terms.


Privacy


Your privacy is important to us. Our Privacy Commitment governs how user information is collected and used. By registering, accessing or using the Services, you are signifying your acknowledgement and agreement to Sobeys Privacy Commitment. Please click here to view our Privacy Commitment.

Email & Other Electronic Messages


From time to time, we may send you eflyers and other promotional emails or electronic messages. You can unsubscribe from these promotional emails through the unsubscribe mechanism contained in any message. We may also send you transactional and operational messages regarding your account(s).

Additional Terms


Apart from what is outlined in these Terms, additional terms may apply to your use of the Services. Such additional terms are incorporated by reference into these Terms. We will provide these terms to you or post them on the applicable Services. If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control. Promotions and contests on the Services may also have additional rules and eligibility requirements, such as restrictions related to geographic area or age.

Registration Information


In order to use the Services, if we request registration, billing or other information from you, you agree to provide us with accurate and complete information and to update the information when it changes.

You are responsible for maintaining the security of your login names and passwords and agree to be fully responsible for all use of your account and for any actions that take place using your account. You may not use any Services with age restrictions unless you are at least of the required age.

Intellectual Property Rights


Your use of the Services is limited to personal and non-commercial use only, unless other use by you is specifically permitted by Sobeys in writing. We reserve all other rights to the Services and content, and you are not permitted to copy, modify, reuse, transmit, distribute or re-post any of the content displayed (except as stated in these Terms) without written permission from Sobeys.

The content shown on the Services is protected by copyright, trademark and other laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. In the case of information on our website www.sobeys.com or www.sobeys.ca, you may make a single copy of or download information supplied on the Services, provided the World Wide Web Address (http://www.sobeys.ca and http://www.sobeys.com) is visible on the material.

We may expressly authorize you to redistribute certain content for personal, non-commercial use. We will identify the content that you are authorized to redistribute and describe ways you may redistribute it (such as via email). We may revoke this authorization at any time.

User Submissions


All comments, reviews, ratings, suggestions, ideas, recipes, graphics, photos or other information that you provide to Sobeys through the Services ("User Submissions") (other than personal information that we promise to protect under our Privacy Commitment) are non-confidential. For any User Submissions, you grant Sobeys a perpetual, irrevocable, royalty-free and transferable right and license to use, copy, modify, delete in whole or in part, adapt, publish, translate and/or create derivative works from, sell distribute, and/or incorporate such User Submissions into any form, medium or technology throughout the world without compensation to, or acknowledgment by, you.

You acknowledge that you are responsible for any submissions you make. This means that you agree that you and not Sobeys have full responsibility for the content you submit, including its appropriateness, legality, originality, reliability and copyright. For example, you are responsible for ensuring that you do not submit any content that:

  • is known by you to be false, inaccurate or misleading
  • that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
  • that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  • that is, or may reasonably be considered to be, inaccurate, abusive, vulgar, indecent, defamatory, libelous, hateful or religiously biased or offensive, threatening or harassing to any individual, partnership or corporation
  • that includes any information that references other addresses, email addresses, contact information or phone numbers or any material that has been copied from another individual or entity
  • that is used to promote third party services, products, websites or organizations or constitutes advertising, junk mail, spam, chain letters or any other form of solicitation
  • that contains any computer viruses, worms or other potentially damaging computer programs or files

We may refuse or remove a user submission without notice to you. However, we have no obligation to monitor user submissions, and you agree that we are not liable for user submissions or any loss or damage resulting from user submissions.

In addition to the above, the following are some additional provisions that apply to comments, reviews, ratings, recipes and photos:

Comments, Reviews and Ratings ("Reviews")

  • Sobeys reserves the right not to post Reviews, to remove any posted Reviews, and to decide upon and modify the placement of Reviews, in its sole discretion. An important factor which Sobeys will consider in deciding not to post a Review is inclusion of inappropriate content, such as but not limited to: offensive or discriminatory language, references to other websites, products and companies or Reviews with advertisements or spam content, contact information including physical addresses, email addresses, URLs and phone numbers, comments critical of other Reviews that are posted.
  • If approved, your Review will be posted within 48 hours of submission along with your first name and province.
  • The Reviews expressed on the Services are not necessarily the opinions of Sobeys. We do not assume any responsibility for any reviews posted on the Services and in no event will be liable for any damages of any kind arising out of the reviews contained on the Services.

Recipes

  • Recipe ingredients should be listed with either generic product names or Sobeys private label names such as Compliments or Signal.
  • Watch for spelling and grammatical errors that may cause confusion for others.
  • Please check your recipes to make sure you have included all of the steps and the correct ingredients.
  • Do not use inappropriate language or subject matter
  • Do not include any personal information, such as your name, physical address, email address, phone number.
Sobeys reserves the right to not post any recipe if it is in violation of these guidelines. Please note that recipes submitted by users are not tested or endorsed by Sobeys.

Photos

  • If you submit photos as part of our Moodie Foodie application, please ensure that the photos are only of food and do not include any people.

Some of our applications and websites may contain specific functionality that allows you to send alerts if you see User Submissions that are inappropriate so that the User Submissions can be removed for review.

Copyright Complaints


We respect the intellectual property rights of others. If you believe that any material on the Services infringes any copyright which you own or control, you may send us an alert where such functionality is incorporated into a Service or a written notification of such infringement to us. If we receive notification of an alleged infringement, we will investigate the complaint and, if we consider it to be justified we will remove or disable access to the allegedly infringing material.

Share Service and Invite a Friend Emails


The Services may offer a feature in which users of the Services can share with others or post links to third party websites through the Services (the "Share Service"). You acknowledge and agree that your use of the Share Services and all links, or content shared through the Share Service is subject to, and will fully comply with these Terms.
In any promotions involving invite a friend emails, you may only invite persons from whom you have received permission to provide their email address to Sobeys and by whom email from you or Sobeys would not be considered spam.

Disclaimers


The information we provide on our Services is believed to be accurate and complete at the time of posting. We attempt to ensure all information remains accurate and current, but we do not guarantee the accuracy, completeness and quality at all times.

The Services may contain forward-looking statements about future performance of Sobeys. These statements are based on management's assumptions and beliefs in light of the information currently available to them. Sobeys assumes no obligation to update such forward-looking statements on the Services, and these statements are subject to uncertainties and other factors that could cause actual results to materially differ.

Your use of the Services is at your own risk.


The Services and all materials contained in our Services are provided as is. This means that Sobeys disclaims all express and implied warranties about our Services and the materials contained in our Services. This includes (but it is not limited to) warranties: that the materials of any particular level of quality or fit for a particular purpose, that the functional elements contained in the materials will be uninterrupted or error-free, that our Services or the servers that make them available are free of viruses or other harmful components, that successful results or outcomes will results from properly following any instructions, directions or recipes contained in the materials.

In addition to the above, you (and not Sobeys) assume the entire cost of all necessary servicing, repair or correction. You should take precautions to ensure any material you access or download is free of viruses, worms, trojan horses and other items of a destructive nature. Access to the Services cannot be guaranteed at any time.

Our Services may contain links to third party websites. However, we do not control these third party websites and are not responsible for the content of such websites. Linking to such third party websites is at your own risk, as Sobeys does not verify or investigate the information contained within them.

Limitation on Liability


Sobeys will not be liable for any damages or injury that accompany or result from your use of the Services. These include (but are not limited to) damages or injury caused by any: use or inability to use the Services, use of (or inability to use) any site to which you link from our Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line failure.

Sobeys is not liable for any damages, including damages intended to compensate someone directly for a loss or injury, damages reasonably expected to result from a loss or injury (consequential damages), or other miscellaneous damages and expenses resulting directly from a loss or injury (incidental damages). Furthermore, we are not liable even if we have been negligent or if our authorized representative has been advised of the possibility of such damages or both.

Without limiting any of the above, Sobeys shall not be liable for any delay or failure to perform any of its obligations under these Terms or in respect of any completed or attempted transactions on the Services if such delay or failure to perform is due to causes beyond its reasonable control.

In any event, our liability to you for all losses, damages, injuries, and claims of every kind (whether the damages are claimed under the terms of a contract, or they are claimed to be caused by negligence or other wrongful conduct, or they are claimed under any other legal theory) will not be greater than the amount, if any, you paid to us to access our Services. You acknowledge that if no fees are paid for use of the Services giving rise to the claim, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind, regardless of the cause of action.

Termination


We reserve the right, at our sole discretion, to limit or terminate access to the Services (or any portion, aspect or feature of the Services), delete any content or information that you have posted on the Services and/or prohibit you from using or accessing the Services (or any portion, aspect or feature of the Services) for any reason, or no reason, at any time in our sole discretion, with or without notice. Without limiting the generality of the foregoing, we may at our sole discretion limit access to the Services and/or terminate the registration of any user who violates these Terms or infringes any intellectual property rights of others.

Indemnity


You agree to indemnify and hold Sobeys, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Submissions you post or share on or through the Services, your use of the Services, or any content, information, or products accessed, offered, ordered or purchased through the Services, your conduct in connection with the Services or with other users of the Services, or any violation of these Terms or of any law or the rights of any third party.

Other


These Terms shall be governed and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada, as applicable (without applying conflict-of-law principles). If any provision of these Terms is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions. We may modify these Terms at any time, by updating this posting and without notice to you. These Terms constitute the entire agreement between you and us regarding the use of the Services, superseding any prior agreements between you and us relating to your use of the Services and the Transactional Sites.

Transactional Terms


The following additional Terms apply to Sobeys websites which permit online ordering or purchasing of goods or services ("Transactional Sites"). If there is a conflict between these Transactional Terms and the terms above, these Transactional Terms will control. You should also have reference to the Frequently Asked Questions ("FAQs") available on our Transactional Sites, which provide helpful information. If there is a conflict between these Terms and the FAQs, these Terms will control.

Products purchased or ordered on Transactional Sites permitting delivery are only available for delivery in the areas noted on the applicable Transactional Site.

Sobeys may, in its sole discretion, accept or reject any order placed on a Transactional Site. All offerings on Transactional Sites are invitations to purchase and not offers to sell. Any online confirmation of receipt of an order after placement is an acknowledgement of receipt of the order but not an acceptance of the order, which will be delivered via email to the email associated with your order or by telephone to the telephone number associated ("Contacted").

Sobeys may, in its sole discretion, cancel an order you have placed on a Transactional Site after Sobeys has accepted it, in which case you will be Contacted. If Sobeys cancels your order, Sobeys will have no obligation to fulfill it and you will have no obligation to pay for it. Sobeys may in some circumstances require additional information or verification before accepting or fulfilling an order, in which case you will be Contacted.

Subject to applicable laws, (a) purchase of products on the Transactional Sites is subject to availability. If product(s) are not available, Sobeys will have no obligation to fulfill an order for them and you will have no obligation to pay Sobeys for them; and (b) Sobeys reserves the right to change the products, prices and descriptions advertised or displayed through any Transactional Site, at any time without notice or liability to you.

Sobeys seeks to be accurate in product descriptions but does not represent or warrant that product descriptions or other content on Transactional Sites are accurate, reliable, current, or complete.

Sobeys reserves the right, in its sole discretion, to limit quantities of items purchased per person, per household or per order or otherwise from time to time. You will be Contacted if such limits or prohibitions are applied to an order by you.

In respect of Transactional Sites on which it is possible to order products which under the laws of the applicable jurisdiction require you to be of a certain age (for example, the age of majority) in that jurisdiction (for example, beer and wine), only persons of that age in the applicable jurisdiction may place orders for such products, and by placing such an order you represent and warrant that you are of the applicable age.

Methods of payment applicable to any particular order are indicated on the applicable Transactional Site. You authorize Sobeys to process payment of the applicable purchase price via the payment mechanism you select from the available choices, and you represent and warrant that you are authorized to use the applicable card. If your payment is by credit card and is rejected by the card issuer or processor, your order will not be filled and Sobeys will have no obligation in respect of it.

The version of these Terms (including without limitation the Transaction Terms) applicable to an order or other transaction by you on a Transactional Site is that in effect on the date and at the time you place your order, as made available on the applicable Transactional Site at that time. Each time you place an order, you represent and warrant that you have accessed, read and accepted the then-applicable terms governing that order.