Terms and conditions for use of the application

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.

For information relating to purchases made from the Application, please refer to the shipping & handling information and the returns & exchanges policy. By using the Application and making purchases from the Application, you signify that you have read, fully understand and agree to be legally bound by the Terms of Use, the shipping & handling information and the returns & exchanges policy.

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 for purchases made through other channels. Any shipping and applicable taxes will be calculated and displayed when completing checkout and prior to submission of your order. 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 at checkout. If you are not satisfied with the current price, you have the right to remove the product from your order.

You have a legal obligation to pay for any orders indicated to be made by you. You may only place an online order if you are over the age of majority in the province or territory where you reside. You may only purchase or order items for personal non-commercial purposes.

It is important to understand that to use the Application, in addition to complying with the Terms of Use, you must comply with the rules, restrictions and requirements of the app store from which you download the Application, for example, the Apple App Store or Google Play. If you download and use the iOS version of the Joe Fresh Application, you acknowledge that the 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 the Terms of Use. You acknowledge that Apple Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. You acknowledge that you have reviewed the Apple App Store terms and conditions (currently located at www.apple.com/legal/internet-services/itunes/ca/terms.html). The Terms of Use incorporates by reference the Licensed Application End User License Agreement (“LAEULA”) published by Apple Inc. (currently located online at www.apple.com/legal/itunes/appstore/dev/stdeula). For purposes of the 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 the Terms of Use conflict with the terms of the LAEULA, the Terms of Use will prevail. 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.

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.

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.

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.

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.

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.

If you breach any provision of these Terms of Use we may decide that you are no longer eligible to use the Application. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, your access and use of the Application, or any part thereof, any of its features, or any products offered on the Application at any time, for any reason, without any notice or liability to you or any other person or entity. If your permission to use the Application is terminated by us for any reason, the agreement formed by your acceptance of the Terms of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of the Application and anything relating to or arising from such use. If you are dissatisfied with the Application or with the Terms of Use, then your sole and exclusive remedy is to discontinue using the Application.

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.

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.

Loblaw does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. Should you ignore this policy and submit an idea to Loblaw, you agree that the idea becomes and remains the sole and exclusive property of Loblaw without further liability or compensation to you, and you hereby waive any moral or other rights you may have in the material you submit in favour of Loblaw.

If you submit to Loblaw any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall not be deemed confidential. All such submissions shall be deemed the property of Loblaw, and your submission of information shall constitute an assignment to Loblaw of all worldwide rights, titles, and interests in such information. Loblaw will not be liable for any use or disclosure of such information. Loblaw will not have any obligation to store such information or keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Loblaw will be free to use any ideas, concept, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.

Loblaw welcomes your comments and suggestions on the Application and its products, if any, 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 products or any new products. By submitting information to Loblaw, you acknowledge and 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.

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.

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.