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Sobeys User Account Terms and Conditions

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 Policy 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 Policy. Please clickhere to view our Privacy Policy.

 

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.

Additional Terms

 

Apart from what it 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 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 above 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 websitewww.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 Policy) 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 its entirety, 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 you.We shall own exclusive rights, including all intellectual property rights, in such submissions and shall be entitled to the unrestricted use and dissemination of such submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to 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:

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”)

Recipes

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

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 cause 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), 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.

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, 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.