TERMS AND CONDITIONS
Use of Site Policy
TERMS AND CONDITIONS
Monday, January 13th 2020
TERMS AND CONDITIONS
Monday, January 13th 2020
Loblaw Companies Limited, together with its affiliates and subsidiaries (collectively and individually "Loblaw") is pleased to provide this website (the “Application”) for your personal, non-commercial use. By using this site, you agree to be bound by the terms and conditions below and to comply with all applicable laws and regulations.
We are pleased to offer you the ability to register for and participate in President's Choice® cooking school classes (the “Classes”) using the Application, subject to the terms set out below.
IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS BELOW, YOU ARE NOT PERMITTED TO ACCESS OR USE THE APPLICATION, OR PARTICIPATE IN THE CLASSES.
You may only register for Classes if you are at least 18 years old (or have the permission of your guardian) and are a resident of Canada. These terms and conditions apply to residents of Canada only.
If a Class does not reach the minimum registration numbers established by Loblaw, or if unforeseen or exceptional circumstances arise, Loblaw reserves the right to cancel or postpone the Class on 24 hours prior notice. If this occurs you will be provided the option of a full refund or the choice to transfer to another Class at a different location and/or time.
All Class menus are subject to change on the day to take advantage of market availability and seasonal variety. You agree to call and discuss any food allergies with us prior to attending any Classes.
In order to register for a Class online, you must register for an account by logging in using the PC™ id credentials provided to you in association with certain Loblaw and Shoppers Drug Mart Inc. websites or mobile applications (“Account”). If you do not have an Account, you can register for one through http://www.pcoptimum.ca. When registering for an Account, you agree to provide accurate and current information about yourself as requested and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality of any passwords or other account identifiers that you choose or that are otherwise assigned to you as a result of any registration or purchase made through the Application; and (c) all activities that occur under such password(s) or Account(s). Further, you agree to notify us of any unauthorized use of your password or Account of which you are or become aware at email@example.com. Loblaw shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section, or for any delay in shutting down your Account after you have reported a breach of security to us.
FEES, PAYMENTS AND RESCHEDULING
All payments for Classes are non-refundable UNLESS a refund is requested 48 hours prior to the first date of the Class. If you are unable to attend your booked Class, you must notify the cooking school coordinator specific to that Class by telephone at least 48 hours before your Class date to change to another Class or to send a friend as a replacement. You may only send a friend if they have read and agreed to these terms and conditions. The cooking coordinator's contact information will have been provided to you at the time of registration.
You agree that payment will be charged to the credit card that you supplied for the deposit. If you want to make alternate arrangements for final payment or to provide an alternate credit card, you must contact Loblaw before the final payment is due. Your place in a Class is only confirmed when payment is received in full by Loblaw.
If you fail to pay any fees or charges when due (including fees or charges for cancellation fees or damages arising from fraudulent use) or if any payment by you is invalidated for any reason, you remain responsible for any such fees or charges, in full. We reserve the right to charge such amount directly to the credit card provided by you at the time you registered for a Class. You are responsible and liable for any fees, including legal costs and collection costs, that we may incur in its efforts to collect any unpaid balances from you.
We may provide you with recipes, health notices, and other information regarding our products, to enhance your Class experience. This information is general in nature and does not constitute medical or professional advice. Always consult a certified medical or health professional about the information you find on the Application or receive in Class before you embark on any diet, exercise, or lifestyle change.
SAFE ONLINE EXPERIENCE
Your safe and secure online experience is our top priority. However, the transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. We do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise on or within the Application, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). In no event will the information you provide on or through the Application be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent.
USE OF APPLICATION AND OWNERSHIP OF INTELLECTUAL PROPERTY
This Application contains many valuable trademarks, including but not limited to President's
Choice® and PC™ (the "Trademarks"), names, and other proprietary materials that are owned by Loblaw, licensed to Loblaw, or otherwise provided by a third party to Loblaw (collectively “Proprietary Materials”). Notwithstanding any other term or condition in this document, Loblaw, or the applicable third party, retains ownership of all Proprietary Materials in, on, and from this Application. All Proprietary Materials are protected by Canadian and international intellectual property laws.
Except as expressly stated therein, this Application is provided for your personal non-commercial use and you may not copy Proprietary Materials for commercial use. You may copy Proprietary Materials (other than the Trademarks) in limited quantities for your personal non-commercial use provided that any copyright notice affixed to the Proprietary Materials on the Application remains affixed to the copied Proprietary Materials. Loblaw reserves the right to restrict your use of this Application and your access to the Classes at any time, which may include terminating your permission to make personal copies of Proprietary Materials.
Nothing contained herein shall be construed as conferring by implication or otherwise any license or right to use, copy or reproduce any of the Trademarks. Therefore, the use, copying or reproduction of the Trademarks for any reason without the express prior written permission of Loblaw is strictly prohibited. All rights reserved.
You are prohibited from using this Application to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, infringing, or profane material or any material that could constitute or encourage unlawful conduct. Loblaw may from time to time monitor or review material transmitted or posted using this Application and reserves the right to delete any material we deem inappropriate. However, we are under no obligation to do so and assume no responsibility or liability arising from any material transmitted or posted using this Application.
DISCLAIMER AND ACKNOWLEDGEMENT OF RISK
Your use of this Application and material from this Application and your participation in the Classes is at your own risk.
As a condition of and in consideration of Loblaw allowing you to participate in a Class, you agree as follows: (a) cooking classes have inherent risks, dangers and hazards and these exist in your participation in the Classes; (b) participation in the Classes may result in injury, illness or harm to you or others; (c) these risks and dangers may be caused by the negligence of the operators, owners, employees, officers, representatives or agents of Loblaw, the negligence of the other participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes; and (d) by participating in the Classes, you assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence, acts or omissions or other conduct of the owners, agents, officers, representatives or employees of Loblaw, or by any other person.
You acknowledge that Loblaw retains the right to take photographic or film records of any of the Classes, and you agree that Loblaw may use any such photographic or film records for promotional and/or commercial purposes without any payment or consideration to you or your personal representatives or heirs. You hereby agree to assign all right, title and interest you may have in or to any media in which your name or likeness might be used to Loblaw and you waive any and all associated moral rights you may have in any such photographs or film records.
To the extent permitted by the applicable law, neither Loblaw, any of its agents, nor any other party involved in creating, producing, or delivering this Application or the Classes is liable for any damages whatsoever arising out of your access to, or use of, this Application or any material from this Application, or your participation in the Programs. Without limiting the foregoing, this Application, the material provided on this Application, and the Classes, are provided "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE APPLICATION ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE APPLICATION IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
LOBLAW MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE APPLICATION WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE APPLICATION WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE APPLICATION, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE APPLICATION WILL BE SECURE; (V) THE USE OF THE APPLICATION WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE APPLICATION WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.
LOBLAW WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE APPLICATION OR THE CLASSES. YOU EXPRESSLY ACKNOWLEDGE THAT LOBLAW HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE APPLICATION AND THE CLASSES AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND LOBLAW. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
On behalf of yourself, your personal representatives and your heirs, you hereby voluntarily release, waive, discharge, hold harmless, and agree to defend and indemnify Loblaw and each of its agents, shareholders, officers, directors representatives and employees (collectively the "Indemnitees") from any and all claims, actions or losses for bodily injury, property damage, wrongful death, harm, illness, loss of services or otherwise which may arise out of your participation in the Classes. You further agree to indemnify and hold the Indemnitees harmless in respect of any claims arising in connection with the Classes made by: a) third parties, which arise from the misconduct of the participants or Indemnitees; b) your family members, or dependants of heirs, c) third parties or friends, and each of their family members or dependants of heirs which you, or your estate, have sued, if damages are recovered from such third parties, to the extent the third party obtains any indemnification from Loblaw; except where the loss, injury, death or damage is caused by the reckless or fraudulent conduct on the part of the Indemnitees.
If you breach any provision of these terms or conditions we may decide that you are no longer eligible to participate in the Classes or to use the Application. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Application, the Classes or any part thereof, any of their features, at any time, for any reason, without any notice or liability to you or any other entity. If your permission to use the Application or to participate in the Classes is terminated by us for any reason, the agreement formed by your acceptance of these terms and conditions will nevertheless continue to apply and be binding upon you in respect of your prior use of the Application or participation in the Classes and anything relating to or arising from such use. If you are dissatisfied with the Application, the Classes or with these terms, then your sole and exclusive remedy is to discontinue using the Application, participating in the Classes or both.
MATERIAL ERRORS, TECHNICAL PROBLEMS OR FRAUD
We reserve the right to withdraw or temporarily change or suspend all or part of the Application or the Classes in any way, in the event of a material error, omission, technical problem, computer virus or bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond our reasonable control that interferes with the proper conduct of any aspect of the Application or the Classes as set out in these terms and conditions. Any attempt to deliberately damage the Application or the Classes or to undermine the legitimate operation of the Application or the Classes in any way (as we may determine in our sole discretion) could be a violation of criminal or civil laws and should such an attempt be made, we reserve the right to seek remedies and damages to the fullest extent permitted by law.
We take great pride in the Application and every effort has been made to help ensure that the information contained on the Application is correct. Unfortunately, however, there may sometimes be information on the Application that contains typographical errors, inaccuracies, or omissions – including those that may relate to Class or product descriptions, pricing, promotions, offers, and/or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or modify or cancel registrations if any information on the Application is inaccurate at any time without prior notice (including after you have registered for a Class).
In the event that any Loblaw site contains terms and conditions for the use of that site which conflict with or are inconsistent with these terms and conditions, those terms and conditions will prevail and govern to the extent of the conflict or inconsistency in connection with the use of that site.
OUR RIGHT TO DISCONTINUE OR MODIFY THE APPLICATION AND CLASSES
You acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of: (i) the Application and (ii) Classes, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modification(s) or discontinuance.
Loblaw has not reviewed any or all of the sites that may be linked to this Application and is not responsible for any sites linked to this Application. Your linking to any sites from this Application is at your own risk. By linking to a site or permitting a link to this Application, Loblaw does not endorse the site operator or the content of the linked site.
IDEA SUBMISSION/USE OF INFORMATION
Loblaw does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. Should you ignore this policy and submit an idea to Loblaw, you agree that the idea becomes and remains the sole and exclusive property of Loblaw without further liability or compensation to you, and you hereby waive any moral or other rights you may have in the material you submit in favor of Loblaw.
If you respond to Loblaw with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall not be deemed confidential. All such submissions shall be deemed the property of Loblaw, and your submission of information shall constitute an assignment to Loblaw of all worldwide rights, titles, and interests in such information. Loblaw will not be liable for any use or disclosure of such information. Loblaw will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Loblaw will be free to use any ideas, concept, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
Loblaw welcomes your comments and suggestions on this Application and the Classes, but Loblaw does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its sites, products or any new products. By submitting information, you warrant that Loblaw may publish such information, use it as part of its operations, and incorporate its concepts in Loblaw products without liability or compensation to you.
You agree that Loblaw is not responsible for any expense or liability resulting from cancellation or interruptions of the Classes, labor disputes, war, acts of terrorism, government restraints, weather conditions, sickness, and pilferage or any other cause or reason beyond its control. Loblaw reserves the right to accept, or to retain or refuse any person as a participant of any Class or to cancel any Class if circumstances so demand. In the event a Class is cancelled, Loblaw will attempt to reschedule such Class.
OUR RIGHT TO CHANGE THESE TERMS AND CONDITIONS
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
For all Canadian residents (excluding Quebec), to the extent permitted by the applicable law, you agree that the laws of the Province of Ontario, Canada govern any use of this Application and participation in the Classes, without regard to rules relating to conflict of laws, including with regard to any dispute arising out of your use of this Application, material from this Application or the Classes. The courts of the Province of Ontario shall have exclusive jurisdiction over all claims.
For residents of Quebec, you agree that the laws of the Province of Quebec, Canada and the federal laws of Canada applicable therein, govern any use of this Application and participation in the Classes, without regard to rules relating to conflict of laws that would apply the substantive laws of another jurisdiction, including with regard to any dispute arising out of your use of this Application, material from this Application or the Programs.
SEVERED PROVISIONS AND ENTIRE AGREEMENT
If any provision of these terms and conditions is unenforceable, that provision shall be deemed severed from this document and shall not affect the validity and enforceability of the remaining provisions. This is the entire agreement between the parties relating to the subject matter.