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.

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.

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.

Voilà.ca Terms and Conditions:

The Voilà.ca online grocery shopping website and/or mobile application (“Voilà”), is owned and operated by Sobeys Capital Incorporated (the “Company”, Sobeys, “we”, “us” or “our”). These Voilà Terms and Conditions (the “Voilà Terms”), together with the Terms of Use above and the Sobeys Privacy Commitment govern your use of Voilà. Please review these Voilà Terms carefully. By using Voilà, you accept and agree to be legally bound by these Voilà Terms, the Term of Use and the Privacy Commitment.

Voilà delivery is only available for customers who are located in certain geographic areas as indicated on Voilà. Voilà curbside pickup is only available for customers who are located in certain geographic areas and at select stores as indicated on Voilà. Voilà is only available to customers who are purchasing as end users and not for resale. Availability is determined using the address information you provide when registering for Voilà and/or when booking a delivery or curbside pickup time slot through Voilà.

We may modify or discontinue Voilà 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 Voilà, or modify its terms and conditions (such as but not limited to delivery or pickup areas, store locations and time windows or other service elements) without prior notice to you.

Product availability, pricing and promotions may vary by location or, in the case of curbside pick-up, may vary by store. Farm Boy and Well.ca products are not available outside of Ontario. When placing your order on Voilà the most accurate pricing, promotions and product availability information will be displayed prior to check-out, once you are registered and sign-in to your Account and upon selection of delivery or curbside pickup location and your time slot.

In these Voilà 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 order (“Contact”).

Ordering and Payment

All dollar amounts on Voilà are in Canadian dollars. We reserve the right to require a minimum order value (excluding any fees, charges and taxes) and we may, at any time and in our sole discretion, waive, change or vary by location, any minimum order requirements. We may, in our sole discretion, charge service fees for delivery and/or curbside pickup, in either case such service fees will be displayed on Voilà as a “delivery fee”. The delivery fee may vary by location, selected store or time slot but will be displayed on the booking page and confirmed at checkout when submitting your order on Voilà.

By completing the checkout and submitting an order through Voilà, you are agreeing to pay, in full, the prices of the items selected (or any substitutions accepted by you) and all applicable charges (such as charges for bags, deposits delivery fees, etc), taxes, by credit card or other permitted payment method. You authorize us 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 payment mechanism. If your payment method is by credit card and is rejected by the card issuer or processor, your order will not be filled and we will have no obligation in respect of it. During the credit card 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 prepared for delivery or curbside pickup, as applicable. You are responsible for any fees, including legal costs and collection costs, that we may incur in collecting any unpaid balances from you.

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 improperly complete your order, it may not be accepted or acknowledged. We reserve the right to change the permitted methods of payment at any time.

You may cancel your order or modify the order (including adding or removing products, changing quantities, or changing order delivery or pickup details) via the website or mobile app up until the cut-off times indicated on Voilà (the “Cut-off Time”).

If an order is cancelled after the Cut-off Time, we reserve the right to charge a cancellation fee (which, if applicable, will be indicated prior to your finalizing your cancellation).

We may, in our sole discretion, accept or reject any order placed via Voilà. All offerings on Voilà are invitations to purchase and not offers to sell. Any online or email confirmation of receipt of an order after placement is an acknowledgement of receipt of the order but not an acceptance of the order. Subject to our cancellation rights as set out in these Voilà Terms, your order is accepted when we dispatch the order to you.

The amount authorized during the credit card authorization process will be the estimated amount of your order, including charges for bags (if any), deposits, delivery fees and other applicable taxes and charges. When your order is assembled, if an item you have ordered is not available we will where reasonably possible substitute another comparable item. This item may be at a different price than the one you ordered. At the time of delivery of your order or upon receiving your order at curbside pickup, our teammate will indicate which items have been substituted, and you may reject any items in the order, including any substitutes. The teammate will then update the order, and within a reasonable time following receiving your order, you will be Contacted with a list of all items you have accepted and the amount to be charged to your payment method. The amount charged to your payment method may differ from the estimated amount due to matters such as product unavailability, product substitutions, differences between estimated and actual weights for items priced by weight, actual numbers of shopping bags as compared to estimated numbers, and other such matters. The resulting final amount will be charged to your payment method.

We may, in our sole discretion, cancel an order you have placed on Voilà after we have accepted it, in which case you will be Contacted. If we cancel your order, we will have no obligation to fulfill it nor will we otherwise be liable to you in respect of it, and you will have no obligation to pay for it. We 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 Voilà is subject to availability and may not be available for purchase at your location. Items listed on Voilà may not be available or in-stock at all times or may not be available at your location. If product(s) are not available, we will have no obligation to fulfill an order for those products and you will have no obligation to pay for them except where you have accepted a substitute; and (b) we reserve the right to change the products, prices and descriptions advertised or displayed through Voilà, at any time without notice or liability to you, and to correct, at any time, any pricing errors. While we update Voilà regularly, prices, selection and availability, including the availability of promotional offers, may vary and are subject to change without notice. We are not responsible for any loss or damages arising from such updates or changes.

We seek to be accurate with respect to product images and descriptions, including ingredients and nutritional information, and product filters and segmentations on Voilà but do not represent or warrant that these or other content are accurate, reliable, current, or complete. We reserve the right to correct any inaccuracies or typographical errors in the information available on Voilà, and shall have no liability for any errors or omissions. Information may be changed or updated without notice and prices and availability of goods and services are also subject to change without notice.

We reserve the right, in our sole discretion, to limit quantities of items purchased per person, per household or per order or otherwise from time to time. We will make reasonable efforts to Contact you if such limits or prohibitions are applied to an order by you.

In cases where we custom-cut, or select variable weight items (such as certain meats or produce or other items priced by weight), the price you see on Voilà is an estimated price range based on the expected weight of the items. The final price of these items will be based on the same price per weight indicated on Voilà when you placed the items in your cart, but the final price is determined once we have prepared and weighed your order and will appear on the invoice at the time of the delivery or pickup. For such products, the price you pay is always based on the actual final weight of your products. If you are not satisfied with the final price and weight, you have the rights to remove the product from your order.

We may, in our sole discretion, impose a charge for each bag (either plastic or paper depending on your location) used to pack your order. The bag charges may vary by location, but will be displayed at checkout when submitting your order on Voilà. At the time that each order is placed, we estimate the number of grocery bags required for your order and modify to reflect the actual quantity at the time of dispatching your order to you. For delivery orders only, we may make available a plastic bag recycling program. We will charge 5 cents for each plastic bag used to pack your order. As part of our plastic bag recycling program we also refund you 5 cents per bag for each plastic bag which you return to our delivery teammate for us to recycle. We reserve the right, in our discretion, to suspend, cancel or make changes to this program without prior notice, which includes the right to impose reasonable limits, to withdraw this program from any customer who we determine is abusing the program, and/or to refuse to accept returned bags if in our discretion, the condition of the bags may pose a health and safety concern.

In respect of products which under the laws of the applicable jurisdiction require a container deposit (i.e. beverage containers), a deposit fee per container will be charged to you. The amount of the deposit fee may vary by location according to the laws applicable in your jurisdiction, however the applicable deposit fees will be displayed at checkout when submitting your order on Voilà. You may be entitled to a per container refund when empty containers are returned to an authorized collection depot in your jurisdiction. Voilà does not accept the return of empty containers or issue refunds under any provincial deposit refund program. For returns and refunds before of products before consumption, if you return the purchased item to Voilà or are otherwise refunded your purchase price of the item from Voilà, then the deposit fee will also be refunded to you.

In respect of products, if any, which under the laws of the applicable jurisdiction require a person to be of a certain age in that jurisdiction in order to purchase, 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. We may require proof of age before permitting you to order such products.

The version of these Voilà Terms applicable to an order or other transaction by you via Voilà is the version in effect on the date and at the time you place your order, as made available on Voilà 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.

Subject to any limitations set out in these Voilà Terms or as we may reasonably impose from time to time, you can request product refunds from Voilà by contacting us here or by email at care@voila.ca or telephone at 1.877.VOILA.CA (1.877.864.5222) 5:30a.m. to 10:30p.m. EST.

Delivery and Curbside Pickup Services

Voilà delivery is only available for customers who are located in certain geographic areas as indicated on Voilà. Voilà curbside pickup is only available in for customers who are located in certain geographic areas and at select stores as indicated on Voilà . We may modify the service availability from time to time in our sole discretion and any modifications will be represented on Voilà.

Delivery and/or curbside pickup days and times will be as specified on the booking page on Voilà. You will select the delivery or curbside pickup time slot, and in the case of curbside pickup, store location, of your choice (subject to availability) and it will be available to you until the Cut-Off time. If you do not complete your order by the Cut-Off time you will be required to select a new time slot before checkout. The standard delivery fee applicable to each time slot will be displayed on the booking page and confirmed at the time of checkout. The “delivery fee” is a service fee charged for assembling and dispatching your order and is applicable to both delivery orders and curbside pickup orders. Such service fee will be displayed as the “delivery fee” on the website (such as on the as the booking page, the shopping cart, order confirmation and receipts) for both delivery orders and curbside pick up orders.

Deliveries will be made to the address specified by you when you register. You have the ability to change this address through the “Account Settings” feature on Voilà, and you must do so if you move, so that we can deliver to the correct address. Curbside pickup will be available at the store location you selected when you placed your order. We reserve the right to restrict deliveries and/or curbside pickup locations in certain areas and at certain times, and this includes the right to eliminate certain areas and times from our delivery schedule or eliminate available stores for curbside pickup altogether. We reserve the right, in our discretion, to place reasonable limits on the number of orders scheduled per day per account.

We take reasonable care to deliver or have your order ready for pickup within the time slots provided for on Voilà. Accordingly, it is your responsibility to ensure that an appropriate person is available to receive the order, (1) in the case of delivery, at the delivery address at all times during the delivery time slot confirmed at the time of checkout; or (2) in the case of curbside pickup, at the selected store during the curbside pickup time slot confirmed at the time of checkout. For curbside pick up, follow the instruction provided in your order confirmation to attend at the selected store and receive your order. If no one is at the address when the delivery is attempted, or the person available is not an appropriate person to receive the order, the goods will be retained by us. We will leave notification of attempted delivery and will telephone to attempt to rearrange the delivery, failing which we will cancel the delivery and your order. Once your order has been confirmed ready for pick up, if no one attends at the selected store during the curbside pickup time slot, or if the person who attends is not an appropriate person to receive the order, the goods will be retained by us. We will attempt to Contact you to and use reasonable efforts to rearrange pickup, failing which we will cancel the delivery and your order.

We will ordinarily only make a delivery when an appropriate person is able to receive and sign for the delivery. If you instruct us to make an unattended delivery and we, in our discretion, agree to do so, we expressly disclaim all liability which may arise by the delivery having been made on an unattended basis, including but not limited to theft, tampering, contamination and temperature change in respect of temperature-sensitive items.

Please note adverse weather or road conditions and other events outside of our reasonable control may result in late or cancelled orders. If that is the case we will Contact you as soon as reasonably possible to reschedule your order time and date. If we cannot reach you, we will cancel the delivery/curbside pickup and your order.

Voilà may make available a 1 month, 6 month and 1year delivery pass on a subscription basis. Particulars and the terms and conditions applicable to our delivery passes are available on the Voilà site at the following link: http://www.voila.ca/delivery-pass/subscription. We reserve the right, in our discretion, to suspend, cancel or make changes to this program without prior notice, which includes the right to withdraw this program from any customer who we determine is abusing the program. The delivery pass subscription is not be available for Voilà curbside pickup services.

Promotions and Marketing Statements

When we say “Guaranteed Fresh”, “No Letdowns” or “make it right” we mean that if you buy an eligible product from Voilà and the product does not meet your expectations, you can let our Voilà teammate know or you can contact the Voilà customer care team to return the product and we will refund the purchase price or provide you with a credit or voucher. This policy does not apply to products sold by third-party vendors and any other items excluded by law or as we determine from time to time. Some exceptions will apply in the event of exceptional circumstances. We reserve the right, in our discretion, to suspend, cancel or make changes to this policy without prior notice, which includes the right to withdraw this policy from any customer who we determine is abusing the policy.

Our reference to “affordable prices” and other similar statements means we have similar pricing for like items as our full-service brick and mortar stores operated by Sobeys Capital Incorporated in the geographical areas where Voilà is available, , without any additional mark-ups or charges, other than our delivery fees. This statement does not apply to products sold by third-party vendors.

When we say “no hidden fees” we mean all product prices, charges and fees will be accurately displayed on our website prior to completion of your order, once registered, signed-in and upon selection of a time slot and location.

We may make various promotional offers from time to time on Voilà. Promotional offers may vary by location and service, accurate pricing and promotions will be displayed on Voilà before checkout once registered, signed-in and upon selection of a time slot and location. Some offers on Voilà may be web-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 Voilà. We ask that you review the guidelines associated with each special offer, as they will differ.

If you redeem any coupon, code or voucher which is accepted via Voilà, this will be reflected at checkout and is subject to validation and any redemption requirements. Manufacturers’ coupons and warranties, if accepted, are the responsibility of the individual manufacturers. Manufacturers’ coupons may have relevant information about the duration and limitations of the coupon.

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.

AIR MILES Reward Program

The AIR MILES Reward Program is available on Voilà purchases on the following terms and conditions: AIR MILES Collectors get 1 AIR MILES Reward Mile for every $20 spent cumulatively during the week (Sunday to Saturday) on Voilà purchases. The cumulative weekly spend is calculated as of the date of delivery/pickup, not the date the order was placed. The cumulative weekly spend for delivery and the weekly spend for curbside pickup are calculated separately. Offer excludes taxes, delivery charges, bottle deposits, bag charges and other deposits/charges/fees, fluid dairy products (where applicable), gift cards, Tim Hortons® coffee (where applicable), prescriptions and certain pharmacy products/services, lottery, alcoholic beverages, tobacco products, Western Union products and services, bill payments, service fees, rental fees, event tickets, prepaid cards, transit passes, postal products, products sold by third-party vendors and any other items that are non-discountable or excluded by law or as we determine from time to time. Purchases are required to accumulate reward miles. Your Collector Card number must be entered on your Voilà Account at the time of purchase. Go to your “Account Settings” to enter your Collector Card number in the designated field and save. This offer is subject to change or cancellation at any time in our sole discretion.

AIR MILES Reward Program offers, multipliers, Bonus Offers and special promotions that are available in-store at participating Sobeys Inc. banners are not available on Voilà. Offers available on Voilà are not available in-store. Offers, multipliers, Bonus Offers and special promotions for purchases made with the BMO AIR MILES MasterCard are not available on Voilà.

Miles will be deposited to the AIR MILES Collector’s account within 5 weeks after the date of eligible purchase and will not be displayed on your Voilà receipt or Account. The number of Reward Miles will be rounded down to the nearest whole number. Fractions of Reward Miles will not be awarded.

All Rewards offered are subject to the Terms and Conditions of the AIR MILES Reward Program, are subject to change and may be withdrawn without notice. To use Miles for Travel and/or Merchandise and/or Event Rewards, you must have accumulated sufficient Dream Miles in your Collector Account. Some restrictions may apply. Quantities may be limited. Collectors must pay applicable surcharges, fees, and taxes on air, hotel, and car rental Rewards. Travel Rewards may be subject to a minimum advance booking and availability from participating Suppliers. Merchandise Rewards include all taxes, shipping and handling costs. No cancellations, exchange or refunds for tickets, certificates or merchandise once booked or ordered. Changes to flight tickets may be permitted, subject to applicable restrictions and fees. Manufacturers’ warranties apply to merchandise Rewards. LoyaltyOne, Co. makes no representations or warranties, expressed or implied. For complete details, see current Program Terms and Conditions available at airmiles.ca.

Use the Cash Miles in your AIR MILES Cash Account in-store in increments of 95 Cash Miles for every $10 towards your purchases at participating AIR MILES Partner locations (gift cards and near-cash products are excluded and other exclusions may also apply), including in-store at participating Sobeys Inc. banners, and online at airmiles.ca/cash in increments of 95 Cash Miles for every $10 worth of value from participating Reward Partners. eVouchers can be used at participating Reward Partners’ locations in Canada only. See specific eVoucher Reward page for details including any applicable limits and restrictions. Standard daily Cash Miles usage limits and Terms and Conditions apply. All Rewards offered are subject to the Terms and Conditions of the AIR MILES Reward Program, are subject to change and may be withdrawn without notice. For complete details, visit airmiles.ca. Redemption of AIR MILES Cash Miles towards your purchases on Voilà is currently not available.

® ^TM Trademarks of AM Royalties Limited Partnership used under license by LoyaltyOne, Co. and Sobeys Capital Incorporated ®BMO Bank of Montreal is a registered trade-mark of Bank of Montreal. ®^TMMasterCard and the MasterCard brand mark are registered trade-marks of MasterCard International Incorporated.

Disclaimer and Limitation of Liability

To the fullest extent permitted by law:

(a) We makes 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, and products sold or available on Voilà are warranted, if at all, only under any manufacturer’s warranties that accompany or apply to them (in which case any recourse you have will be against the manufacturer). Your purchase and use of all products is at your own risk, all products are provided as is, with all faults, and as available and you assume all risk as to their quality and performance. We do not guarantee the accuracy or timeliness of information available on Voilà. You acknowledge that computer and internet systems are not fault-free and that downtime occurs. We do not warrant that access to Voilà will be uninterrupted, timely, secure or error-free or that data or content loss will not occur; and

(b) In no event shall Voilà and/or 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 Voilà, the products, content and information available, offered or sold on or through Voilà, 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 involved in the transaction from which the liability arose.

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.

Other

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