ShoppersPhoto.ca/PharmaprixPhoto.ca photofinishing and photogifting program Terms and Conditions
Last Updated: July 23, 2020
Welcome
Loblaw Companies Limited and/or a Loblaw Companies Limited subsidiary (individually and collectively, “Loblaw”) is pleased to offer its users (“you”) the ShoppersPhoto.ca and PharmaprixPhoto.ca photofinishing and photogifting program (the “Program”) on this website (the “Application”). By accessing or using the Application, you agree unconditionally and without any reservation to be legally bound by all the terms set out below (“Terms and Conditions”), and to comply with all applicable laws and regulations.
If you do not accept and agree to be legally bound by and comply with these Terms and Conditions, please do not participate in or use the Program.
In the event that any Loblaw subsidiary website contains terms and conditions for the use of that website which conflict with or are inconsistent with the Terms and Conditions, those terms and conditions for use of that website will prevail and govern to the extent of the conflict or inconsistency in connection with the use of that website.
Our Right to Change these Terms and Conditions
We reserve the right, in our sole discretion, to modify all or a portion of these Terms and Conditions at any time without further notice and without incurring any liability or obligation. If we do this, we will post the changes to these Terms and Conditions on the Application by indicating at the top of this page the date these Terms and Conditions were last revised. Your continued participation in the Program after any such changes constitutes your acceptance of, and agreement to be legally bound by, these Terms and Conditions as revised. It is your sole responsibility to regularly check the Application to determine if there have been any changes to these Terms and Conditions and to review such changes.
Our Right to Discontinue or Modify the Program
You acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Program, 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.
Registration
In order to participate in and use the Program, you must register 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 the Application. 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 loblawprivacy@loblaw.ca. 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.
Placing an Order and Changes to your Order
By submitting your order, you agree to either pick up your order from your selected pickup location or have your order delivered to your specified delivery location and pay in full for the final selection of items included in your order, all applicable taxes and any environmental fees or deposits, as may be applicable, either by credit card or other permitted payment method, subject to any cancellation of your order. In order to complete an order, you may be required to provide certain additional information that is required to process your order. We may use third-party service providers in connection with the Program and we may share your information with such third-party service providers in accordance with the Loblaw Privacy Policy and as 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, including without limitation, the accepted credit cards, at any time.
During the 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 received and prepared for delivery as explained below. This authorization is cancelled when your order is processed for payment or when your order is cancelled.
You may only place an online order if you are over the age of legal majority in the province/territory where you reside. You may only purchase or order items for personal, non-commercial purposes. Unless otherwise indicated, all dollar amounts are stated in Canadian dollars.
Loblaw reserves the right to charge a service or shipping fee for pickup or delivery at its discretion. Fees may vary by pickup or delivery location, date and time. However, all service fees for pick up or delivery will be disclosed when you are selecting your pickup or delivery location and completing the order process. Loblaw reserves the right to require a minimum order value before an order may be submitted. Loblaw may at any time, in its sole and unfettered discretion, waive any minimum order requirements.
Once your order is placed, the order is in progress. There is no ability to cancel or change the submitted order.
Content Standards for Orders
By submitting your order, you also agree that you and your order comply with the
Content Standards Policy. We have the sole discretion to determine whether you and your order is prohibited by or otherwise violates the Content Standards Policy.
Order Payment
You will be charged at the time of placing your order. You agree we may charge your payment card for any order placed and for any additional amounts (including any taxes) as may be applicable in connection with your purchase. You are responsible to ensure that all of your billing information is current, complete, and accurate.
Loblaw may use the third-party payment processors to effect charges onto your payment card. You consent to the collection and use of your information (including personal information) by such payment processing service as necessary to process your payments, in accordance with our Privacy Policy.
If you fail to pay any fees or charges when due (including cancellation fees or damages arising from fraudulent use), we reserve the right to charge such amount directly to the payment card provided by you at the time you submitted your order. 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.
Pricing and Availability
The prices shown on this Application at the time of ordering reflect the current prices of the selected items. Any applicable taxes and deposits will be calculated and displayed when completing checkout and prior to submission of your order. Once you submit your order, the price of items is guaranteed unless you placed an order for an item where we have inadvertently listed the incorrect price.
Although our goal is to fulfill 100% of each order, from time to time, products may be unavailable due to market conditions, or other conditions beyond our control. We will not be liable to you if we are not able to provide you with any particular product.
Please note that we reserve the right to limit your order or the quantity of a particular product you may order.
Refunds
We do not offer refunds or exchanges on any photofinishing and photogifting products or services offered through the Application. If you have a concern about the quality or fulfilment of your order, please contact our
Customer Service team.
Promotions
We may make various promotional offers from time to time on the Application. Some offers may be informational, Application-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 the Application. We ask that you review the guidelines associated with each special offer, as they will differ.
For any of our coupons or promotional offers, in the event we have inadvertently made a typographical error on any coupon or promotional offer, we reserve the right to suspend redemption or terminate altogether the offer. Where legally available to be offered, we may also offer our customers the opportunity to participate in contests, sweepstakes or other promotions as decided by us. In each case, the promotion may have additional terms and conditions which apply in addition to these terms and conditions. Please review the terms and conditions associated with the particular promotion to determine your eligibility and any participation requirements.
Communications to Customers
We reserve the right to contact you at the email address at the time you set up your Account for matters related to your order. We are not responsible for inaccuracies or message delivery failures due to unforeseen circumstances or events that are beyond our control.
Linking your PC Optimum Account
When you link your PC Optimum account to your Account, you give Loblaw permission to access all data related to your PC Optimum account, including your past purchases and points balance. Be advised that details regarding the purchases or transactions made by you or any additional users using your PC Optimum account may be included on pages displaying order history linked to your PC Optimum account. Further you agree and acknowledge that you are responsible for communicating this to any additional users on your PC Optimum account.
Delivery of your Order
You acknowledge that delivery of your order may be provided by a third party service provider and we may disclose your personal information to such third party service provider in accordance with our
Privacy Policy.
Our goal is to deliver your orders within the fulfilment windows set out below. It is our goal to stay such fulfilment windows, however shipping times may vary due to our third-party service providers, in which case, we will not be responsible for any delays.
Canada Post Expedited
|
Photo Prints, Canvas Prints & Photobooks |
Photo Prints, Canvas Prints & Photobooks |
| Province |
Order Delivered (est.) |
Order Delivered (est.) |
| ON/QC |
6 to 8 Business Days |
5 to 6 Business Days |
| NS/NB/PEI/NL |
8 to 9 Business Days |
6 to 7 Business Days |
| MB/SK/AB |
9 to 10 Business Days |
7 to 8 Business Days |
Our Rights Regarding Orders
Without limiting the generality of these Terms and Conditions, we reserve the right to limit or refuse any order you place with us. Further, we reserve the right to verify the validity of all orders and cancel any order if we find evidence of fraud, tampering and/or any other violation of these Terms and Conditions. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same account, the same payment card, and/or orders that use the same billing address. Not all products available in-store may be available online.
Safe Shopping
Your safe and secure online shopping experience is our top priority. As such, we routinely monitor the Application for suspicious activity. However, the transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. We do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise 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 the Application
Except as expressly stated therein, this Application is provided for your use and you may not copy material from this Application for commercial use. You may copy material in limited quantities from this Application for your personal non-commercial use provided that our copyright and/or trade-mark notice(s) remain affixed to the copied material. Loblaw reserves the right to restrict your use of this Application at any time, which may include terminating your permission to make personal copies of material from this Application.
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.
Privacy
Without limiting the generality of these Terms and Conditions, your use of the Application is also subject to the terms of our
Privacy Policy, which is hereby incorporated into and made part of this document. Please carefully review our
Privacy Policy. By using the Application, you signify that you have read, fully understand and agree to be legally bound by our Privacy Policy.
Intellectual Property
This Application and all of its content are protected by copyright. The Application also contains many valuable trademarks (“Trademarks”), names, logos, designs, package designs, copyrighted works and other proprietary materials that are owned by Loblaw, licensed to Loblaw or otherwise provided by a third party to Loblaw (collectively, "Proprietary Materials"). Notwithstanding any other term or condition in these Terms and Conditions, Loblaw, or the applicable third party, retains ownership of all Proprietary Materials in, on and from the Application. All Proprietary Materials are protected by Canadian and international intellectual property laws.
Except as expressly stated therein, no other use is permitted and no part of the content of the Application may be copied, resold, reproduced, distributed, republished, downloaded, represented, displayed or transmitted by any method whatsoever, including electronic, mechanical, or by photocopying, recording or otherwise, without the prior written permission of Loblaw or the owner of the intellectual property right. You may copy Proprietary Materials (other than the Trademarks) in limited quantities for your personal, non-commercial use provided that any copyright notice affixed to the Proprietary Materials on the Application remains affixed to the copied Proprietary Materials. You may not use any software, data mining tools, bots, automated tools, engines, agents, devices or similar data gathering and extraction tools to scrape, navigate, search or collect any information from the Application and the Proprietary Materials. Loblaw reserves the right to restrict your use of the Application at any time, which may include terminating your permission to make personal copies of Proprietary Materials.
Nothing contained herein shall be construed as conferring by implication or otherwise any license or right to use, copy or reproduce any of the Trademarks. Therefore, the use, copying or reproduction of the Trademarks for any reason without the express prior written permission of Loblaw is strictly prohibited.
Disclaimer and Limitation of Liability
Your participation in and use of the Program is at your own risk.
To the extent permitted by the applicable law, neither Loblaw, any of its affiliates, executives, managers, employees, licensors, content providers, service providers, representatives and agents (collectively, “Representatives”), nor any other party involved in creating, producing, or delivering the Program are liable for any damages whatsoever arising out of your access to, or use of, the Program or any material or products provided on or through the Program. Without limiting the foregoing, the Program is provided "AS IS" AND WHEN AVAILABLE, WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE APPLICATION ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE APPLICATION IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
LOBLAW AND THE REPRESENTATIVES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE APPLICATION WILL BE COMPATIBLE WITH YOUR DEVICE, COMPUTER AND SOFTWARE; (II) THE APPLICATION WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR OR THAT CONTENT LOSS WILL NOT OCCUR; (III) THE USE OF THE APPLICATION, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE APPLICATION WILL BE SECURE; (V) THE USE OF THE APPLICATION WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE APPLICATION WILL NOT CAUSE ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.
LOBLAW AND THE REPRESENTATIVES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE PROGRAM. YOU AGREE THAT NEITHER LOBLAW NOR THE REPRESENTATIVES HAVE ANY LIABILITY IN CONNECTION WITH THE PROGRAM OR ITS CONTENT TOWARDS YOU OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY LOSS OR DAMAGE WHATSOEVER, IN PARTICULAR, ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF THE PARTICIPATION IN THE PROGRAM, OR ANY INCONVENIENCE, DELAY OR IMPOSSIBILITY OF ACCESS OR USE RELATING TO THE APPLICATION OR ITS CONTENT, OR TO THE CONTENT OF ANY RELATED SITE, OR THE FAILURE OF SUCH A SITE AND/OR RELATED APPLICATION.
YOU EXPRESSLY ACKNOWLEDGE THAT LOBLAW HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE PROGRAM 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.
Termination
If you breach any provision of these Terms and Conditions, we may decide that you are no longer eligible to participate in the Program. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, your access to and participation in the Program, or any part thereof, any of its features, or any products offered on the Application at any time, for any reason, without any notice or liability to you or any other person or entity. If your permission to participate in the Program is terminated by us for any reason, the agreement formed by your acceptance of the Terms and Conditions will nevertheless continue to apply and be binding upon you in respect of your prior participation in the Program and anything relating to or arising from such use. If you are dissatisfied with the Program or with the Terms and Conditions, then your sole and exclusive remedy is to discontinue participating in the Program.
Material Errors, Technical Problems or Fraud
We reserve the right to withdraw or temporarily change or suspend all or part of the Program 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 Program as set out in these Terms and Conditions. Any attempt to deliberately damage the Program or to undermine the legitimate operation of the Program 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.
Links to Other Websites
Loblaw has not reviewed any or all of the websites that may be linked to this Application and offers no guarantee to you that the information on such other linked websites is up-to-date, correct or complete. Your linking to any websites from the Application is at your own risk. By linking to a website or permitting a link to the Application, Loblaw does not endorse the website operator or the content of the linked website.
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 favour of Loblaw.
If you submit to Loblaw any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall not be deemed confidential. All such submissions shall be deemed the property of Loblaw, and your submission of information shall constitute an assignment to Loblaw of all worldwide rights, titles, and interests in such information. Loblaw will not be liable for any use or disclosure of such information. Loblaw will not have any obligation to store such information or keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Loblaw will be free to use any ideas, concept, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
Loblaw welcomes your comments and suggestions on the Program and its products, if any, but Loblaw does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. By submitting information to Loblaw, you acknowledge and warrant that Loblaw may publish such information, use it as part of its operations, and incorporate its concepts in Loblaw products without liability or compensation to you.
Severed Provisions and Entire Agreement
If any provision of these Terms and Conditions is unenforceable, that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of the remaining provisions.
This is the entire agreement between the parties relating to the subject matter.
Applicable Law
For all Canadian residents (excluding residents of the Province of Quebec), to the extent permitted by the applicable law, you agree that the laws of the Province of Ontario and the federal laws of Canada applicable therein govern participation in the Program, 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 participation in the Program or material and content from the Program. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The courts of the Province of Ontario, in the judicial district of Toronto shall have exclusive jurisdiction over all claims.
For residents of the Province of Quebec, you agree that the laws of the Province of Quebec and the federal laws of Canada applicable therein, govern any use of the Program, without regard to rules relating to conflict of laws that would apply the substantive laws of another jurisdiction, including with regard to any dispute arising out of your use of the Program or material and content from the Program. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The courts of the Province of Quebec, in the judicial district of Montreal shall have exclusive jurisdiction over all claims.
