Terms and Conditions

Welcome to the sites and interactive services owned, operated or provided by Sobeys Capital Incorporated and its subsidiaries and affiliates (the “Company”, Sobeys, “we”, “us” or “our”). These Terms of Use together with the Transactional Terms and the Voila by Sobeys Terms and Conditions set out under those section heading below (collectively the “Terms”) govern your use of any Sobeys website, mobile site, application, and/or other service, as applicable (collectively, the “Services”).

Terms of Use:

Please review these Terms carefully. By using any of the Services, you accept these Terms. We may modify these Terms at any time, by updating this posting and without notice to you. Your continued use of any of the Services constitutes your acceptance of these Terms.

Privacy

Your privacy is important to us. The Sobeys Privacy Commitment governs how user information is collected and used. By registering, accessing or using the Services, you are signifying your acknowledgement of and agreement to our 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 certain 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 terms, rules exclusions and eligibility requirements, such as restrictions related to geographic area or age.

Registration and Login Information

We may request that you register to access or use certain Services, and thereafter you may be required to log in to access such Services. From time to time, we may request that you reset or update your password(s) and/or update your profile information. Registration to use a Service may allow you to log in to additional Services without the need to register again (often referred to as "single sign on"). Some Services may allow for social login, under which you may be provided the option to register or log in using existing information you have previously provided to a social networking or similar service of which you are already a member. If social login is available for a particular Service, it is always an option and never a requirement, and the process will include a statement of the specific information that the social login service will provide to us if you proceed with the social login.

In some cases, in order to register for or log in to a Service, you may first be required or requested to provide additional profile information relevant to your access to or use of such additional Service. Some Services are available only to customers who live in certain geographic areas or have other restrictions as to their availability.

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. You agree to provide true, current and complete information about yourself.

Legal Drinking Age Notice

Where the Services include liquor-related content, they should not be accessed or viewed by you if you are not of the minimum legal drinking age in your province of residence. All liquor-related Services are strictly intended for those of minimum legal drinking age in their province of residence.

Liquor Services are intended only for individuals who have elected to view and receive them; they are not meant for any individuals who have not identified themselves as interested viewers of Liquor Services and Offers.

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.

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 us 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")

We reserve 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 we 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.
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.

We reserve the right not to post any recipe in our discretion, including if it is in violation of these guidelines, and/or to remove any posted recipes, and to decide upon and modify the placement of recipes, in our sole discretion, including modifying recipe ingredients to describe generic product names or specific product brand names as we determine. Please note that recipes submitted by users are not tested or endorsed by Sobeys.

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 (a “Share Service”). You acknowledge and agree that your use of the Share Service and all links, or content shared through the Share Service are 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.

Scene+ Program

Members of the Scene+ Program are eligible to earn and redeem Scene+ points at participating locations on selected products and services. Please visit https://www.sceneplus.ca/terms-and-conditions and see the “Additional Terms and Conditions for Empire” for details.

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 our future performance. These statements are based on management’s assumptions and beliefs in light of the information currently available to them. We assume 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 we disclaim 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, or 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 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 we do not verify or investigate the information contained within them.

Limitation of 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 but not limited to 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 the particular Service which is the cause of the claim. 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, this 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. Our failure to insist upon or enforce strict performance of any provision(s) of these does not constitute a waiver of another provision or a waiver of the same provision on another occasion.

Transactional Terms:

The following additional Transactional Terms apply to Sobeys website, mobile site, application, and/or other service which permit online ordering or purchasing of goods or services (“Transactional Sites”). If there is a conflict between these Transactional Terms and the Terms of Use, these Transactional Terms will control. You should also have reference to the Frequently Asked Questions (“FAQs”) which may be available on our Transactional Sites, which provide helpful information. If there is a conflict between these Terms and the FAQs, these Terms will control.

A particular Transactional Site (such as Voilà.ca which is governed by the Voilà.ca Terms and Conditions below) may contain its own transactional terms. Such transactional terms take the place of these Transactional Terms in respect of such Transactional Site, unless otherwise stated in such transactional terms.

Products purchased or ordered on Transactional Sites permitting delivery are only available for delivery in the geographical areas noted on the applicable Transactional Site. Products purchased or ordered on Transactional Sites permitting pickup are only available for pickup in the geographical areas and at the store locations 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 subsequently 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 nor will Sobeys be otherwise liable to you in respect of 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 Transactional 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.

Digital Pharmacy Platform Terms and Conditions:

The Digital Pharmacy website and/or mobile application is provided by Sobeys Capital Incorporated (the “Company”, Sobeys, “we”, “us” or “our”), and owned and operated by TELUS Health and Payment Solutions Limited Partnership (“Provider”). These Digital Pharmacy Terms and Conditions (the “Digital Pharmacy Terms”), together with the Terms of Use above and the Sobeys Privacy Commitment govern your use of the Digital Pharmacy. Please review these Digital Pharmacy Terms carefully. By using the Digital Pharmacy, you accept and agree to be legally bound by these Digital Pharmacy Terms, the Term of Use and the Privacy Commitment.

The Digital Pharmacy Services are only available for customers who are located in certain geographic areas as indicated on the platform. Availability is determined using the address information you provide when creating a Digital Pharmacy account and/or using one of the services through the Digital Pharmacy.

We may modify or discontinue the Digital Pharmacy or any of its related services from time to time in particular geographic areas in whole or in part. We reserve the right at any time(s) when we deem necessary to change or suspend the Digital Pharmacy, or modify its terms and conditions without prior notice to you.

In these Digital Pharmacy Terms, references to us contacting you refer to our reasonable efforts to contact you using the email associated with your order or by telephone to the telephone number associated with your account or your service (“Contact”).

User Account

We may request that you register a User Account to access or use certain Digital Pharmacy Services, and thereafter you may be required to log in to access such Services. You may first be required or requested to provide additional profile information relevant to your access to or use of the Digital Pharmacy.

In order to use the Digital Pharmacy 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 Digital Pharmacy Services with age restrictions unless you are at least of the required age. A pharmacist reserves the right to assess whether anyone under the age of majority has the capacity to provide consent to receive pharmacy services.

Appointment Scheduling

On the Digital Pharmacy platform, either via the web platform or the app, you may book various pharmacist appointments. Appointment types and availability will vary by pharmacy and by province. In order to book an appointment, you must provide relevant patient information including your name, date of birth, home address, health card number, and email address.

We seek to be accurate in respect to available dates and times for appointments but do not represent or warrant that these are current or complete. We may, in our sole discretion, cancel an appointment you have made in the event of a conflict, in which case you will be Contacted.

The version of these Digital Pharmacy Terms applicable to an appointment is the version in effect on the date and at the time you scheduled your appointment, as made available on the Digital Pharmacy platform at that time. Each time you make an appointment, you represent and warrant that you have accessed, read and accepted the then-applicable terms governing that order.

Prescription Management

On the Digital Pharmacy Platform, either via the web platform or the app, you will be able to manage your prescriptions including filling new prescriptions and refilling existing prescriptions. In order to manage your prescriptions, you must have a registered User Account. Under one User Account, you may manage prescriptions for both yourself and any dependents under the age of majority. If you elect to manage prescriptions on behalf of a dependent under the age of consent, you are solely responsible for complying with these Digital Pharmacy Terms.

Sobeys will only accept original prescriptions that have originated from your physician or health care provider’s office. Should additional information be required from you prior to dispensing a prescription, you will be contacted at the contact information associated with your User Account.

Your prescription will be dispensed and fulfilled at the pharmacy location you select on the Digital Pharmacy Platform in accordance with any applicable laws.

You should carefully read all information and instructions provided by your pharmacy, pharmacist and/or the manufacturer of the pharmaceutical product dispensed to you, including any and all information on the product packaging and label. You should seek professional medical advice from your physician, pharmacist and/or other healthcare professional prior to using any product or taking any action in relation to any health concerns or questions you may have.

Fees

Use of the Digital Pharmacy is free of charge, however, you may incur third party data costs associated with downloading and installation of the app.

Use of specific Services within the Digital Pharmacy Platform, including but not limited to filling and refilling prescriptions, will be deemed an offer to buy the products or services listed in your order or prescription. Payment (where applicable) will take place at the pharmacy location you have selected for pickup. The price charged for any product or service will be the price in effect at the time the order is placed and based on any available coverage.

Subject to applicable laws, Sobeys may choose not to accept your order or prescriptions at our sole discretion, even after we send you a confirmation email. In the event we choose not to accept your order or prescription, Sobeys will provide you with written confirmation or same, and issue a refund where applicable.

Privacy

The Sobeys Privacy Commitment governs how your information, including your personal health information, is collected and used. By registering, accessing, or using the Digital Pharmacy Services, you are signifying your acknowledgement of and agreement to our Privacy Commitment. Please click here to view our Privacy Commitment.

Promotions and Marketing Statements

We may make various promotional offers from time to time on the Digital Pharmacy. Promotional offers may vary by province and service.

For any of our promotions if we have inadvertently made a typographical error on any coupon or special offer, we reserve the right to suspend redemption or terminate the promotion altogether.

Disclaimer and Limitation of Liability

To the fullest extent permitted by law:

We make no express or implied warranties, guarantees or conditions, including without limitation as to merchantable quality, merchantability, fitness for a particular purpose, title or non-infringement. Your use of the Digital Pharmacy is at your own risk. We do not guarantee the accuracy or timeliness of information available on the Digital Pharmacy. You acknowledge that computer and internet systems are not fault-free and that downtime occurs. We do not warrant that access to the Digital Pharmacy will be uninterrupted, timely, secure or error-free or that data or content loss will not occur; and
In no event shall Sobeys or their respective employees, officers or directors be liable for any direct, indirect, incidental, special, exemplary, general, consequential or punitive damages (such as but not limited to lost profits, lost savings, lost data or loss of use) including without limitation damages arising from or relating in any way to the Digital Pharmacy, the related services, content and information available, offered or sold on or through the Digital Pharmacy, or their use or misuse, or any unauthorized access to, change to or loss of any data or content. If, despite the foregoing, you have, under any legal theory, any basis for recovering damages from us or our employees, officers or directors, the aggregate liability of all such parties shall not exceed the greater of $100 and the purchase price of the products or services involved in the transaction from which the

The above limitations and exclusions apply no matter the basis of the claim, including but not limited to contract, tort (for example, negligence and product liability), strict liability or other legal basis and whether or not we knew or should have known of the possibility of such damages.

End-User Service Agreement (“EUSA”)

The following EUSA is a legal agreement between you and Sobeys. It is understood that the EUSA is concluded between you and Sobeys only, and not with the Provider, and that Sobeys, not Provider, is solely responsible for the Digital Pharmacy Services.

The Digital Pharmacy Services are not intended for medical use, for medical case management, or for diagnosis, medical advice, treatment or cure. The Digital Pharmacy Services are not to be considered as a replacement or substitute for the standard practices, professional judgment, skill and expertise of a health professional, but as a computer aid for a health professional. The absence of an alert (i.e., a technological alert by the Digital Pharmacy Services) for a specific situation or a combination of specific situations should not be considered as an assurance that the specific situation or combination of specific situations are without risk. You must always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, diet, fitness or wellness program. Do not disregard professional medical advice or delay seeking it because of any information accessed on or through the Digital Pharmacy Services.

You acknowledge that the accuracy and completeness of the data within your account is not within Provider’s or Sobey’s control, that you may not have access to your complete medical record through the Digital Pharmacy Services, that it may not always be accurate or up-to-date and it should be viewed as informational only.

You acknowledge and agree that:

the Digital Pharmacy Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Sobeys and/or Provider may undertake from time to time; or (iii) causes beyond the control of Sobeys and/or Provider or which are not reasonably foreseeable, including, without limitation, interruption or failure of telecommunication or digital transmission links, including delays or failures due to your Internet service provider, hostile network attacks, network congestion or other failures.
You shall: (a) not, nor shall it permit or assist others, to use the Digital Pharmacy Services for any purpose other than that for which they are intended and designed; (ii) not alter, tamper with or attempt to repair the Digital Pharmacy Services; and (iii) not be entitled to resell the Digital Pharmacy Services.

In using the Digital Pharmacy platform, you agree not to violate the terms and conditions set forth herein, including without limitation that:

you will not (or authorize or permit any other party to): use the Digital Pharmacy Services to perform any activity that violates any applicable laws and/or, if applicable, use the Digital Pharmacy Services to transmit or send any inappropriate, improper, excessive, threatening or obscene material or to otherwise harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity;
you will not engage in any activity that could compromise the security of or disrupt or interfere with the Digital Pharmacy Services or any network or computers on the Internet or disrupt or interfere with the services of any third party;
you will not invade anyone's privacy by any means including but not limited to, by (i) misrepresenting the source of anything you may post, including impersonation of another individual or entity; (ii) attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their foreknowledge and willing consent;
you will not knowingly provide false or misleading information;
you will not circumvent, decrypt or bypass any technology that is used to protect the Digital Pharmacy Services;
you will not perform any activity that would harm or disrupt another user's computer or would allow others to illegally access software or bypass security on Web sites, or servers, including but not limited to spamming;
you will not disassemble, decompile, or reverse engineer any software included and/or use in the Digital Pharmacy Service, except and only to the extent that the law expressly permits this activity.

Should you elect to receive SMS Notifications, you acknowledge and agree that:

You will not attempt to use the SMS Notifications to access or allow access to emergency services;
You will comply with the third-party Acceptable Use Policy, which will be incorporated into the EUSA and available at the following address: https://www.twilio.com/legal/aup; and
Provider and its third-party providers shall be entitled to use your Personal Information as needed in order to provide the SMS Notification services.

You are solely responsible for all activities that take place with your sign-in credentials (username and password), and you are responsible to ensure that you and only you use your account. You are responsible for maintaining the confidentiality of your credentials and are similarly responsible for all uses of the Digital Pharmacy Services with such credentials whether or not such uses are actually authorized by you. You must immediately notify Sobeys if the security of your account has been compromised.

Provider and its partners shall retain all rights, title and interest in and to the Digital Pharmacy platform (in object and source code forms) copies thereof and related materials.

DIGITAL PHARMACY SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SAME IS AT YOUR OWN RISK. SOBEYS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. SOBEYS DOES NOT WARRANT THAT DIGITAL PHARMACY PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

Other

These Digital Pharmacy Terms are 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 Digital Pharmacy Terms is unlawful, void or unenforceable, this will not affect the validity and enforceability of any remaining provisions. We may modify these Digital Pharmacy Terms at any time, by updating this posting and without notice to you. These Digital Pharmacy Terms and the Terms of Use constitute the entire agreement between you and us regarding the use of the Digital Pharmacy, superseding any prior agreements between you and us relating to your use of the Digital Pharmacy.