Last Update: November 7th, 2024

Terms and Conditions

Welcome to the sites and interactive services owned, operated or provided by Sobeys Capital Incorporated and its subsidiaries and affiliates (the “Company”, Sobeys, “we”, “us” or “our”). These Terms of Use together with the Transactional Terms and the Voilà Terms and Conditions set out under those section headings 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 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.

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 our 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).

For residents of Québec, these Terms are governed by the laws of Québec and the federal laws of Canada applicable therein, without regard to the rules relating to conflicts of laws. The courts of Québec, in the judicial district of Montreal, have exclusive jurisdiction over all claims.

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 Voila.ca which is governed by the Voila.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 account or by telephone or SMS 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 Voila.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. The List feature on Voilà may including historical or no longer valid pricing and/or product description. When shopping 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. Please take the time to carefully review each order, including product description, quantity, weight, and pricing information prior to completing your order and proceeding to check-out.

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 or SMS 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.

First Nations persons who are eligible for sales tax exemptions can contact Customer Care (click here or email at care@voila.ca or telephone at 1.877.VOILA.CA (1.877.864.5222) 5:30a.m. to 12:30a.m. EST) to process a reimbursement for sales tax that may have been charged on your transaction.

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 right to remove the product from your order.

We may, in our sole discretion, impose a charge for each bag 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.

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. Except as required pursuant to applicable law, Voilà does not accept the return of empty containers or issue refunds under any provincial deposit refund program. For Québec residents, please refer to the FAQ section for additional information on the Québec deposit return program. For Alberta residents, please refer to the FAQ section for additional information on the Alberta deposit refund program. For returns and refunds 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 12:30a.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 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 booking page, the shopping cart, order confirmation and receipts) for both delivery orders and curbside pickup 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. Please note for orders that include liquor in jurisdictions where it is permitted, you will need to present valid government issued Photo ID to verify that you are of legal drinking age. If someone else is picking up your order on your behalf they will also be asked to provide a valid government issue photo ID. 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 contact you 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.

You must have reached the minimum legal drinking age at the time of placing an order including alcohol products and you will be required to provide a valid photo identification document issued by a provincial or federal government entity prior to proceeding to check-out. The delivery or curbside pick-up of an order including alcohol products must be made directly to a person who has reached the minimum legal drinking age , upon presentation of photo identification issued by a provincial or federal government entity. If only a minor is present at the time of the delivery or curbside pick-up of an order including alcohol products during the time slot you have selected, the alcohol products will not be delivered and you will be notified by email. You will be able to select a new time slot for an additional delivery charge as indicated on the book a time page.

Please note for orders that include liquor in jurisdictions where it is permitted, you will need to present valid government issued Photo ID to verify that you are of legal drinking age. If you are unable to produce a valid government issue photo ID the alcohol products will be removed from your order and you will be refunded for the products.

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, 3 month, 6 month and 1 year delivery pass on a subscription basis. A 3-month Delivery Pass Free Trial is available to all customers who have not previously purchased a Delivery Pass for Voilà.

The Delivery Pass is only available for customers who are located in certain geographic areas as indicated on Voilà. 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. Voilà makes no guarantee as to the delivery time slots available with the Delivery Pass. Delivery time slots are based on the postal code of your delivery address. 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 available for Voilà curbside pickup services.

Customers who have opted to try the Delivery Pass Free Trial can enjoy a 3-month free trial period. The 3-month Delivery Pass Free Trial is available to all customers who have not previously purchased a Delivery Pass for Voilà. Following the free trial period, your 3-month paid subscription will automatically begin. Customers located in Québec will not have their subscription renewed automatically. If you change your mind about Delivery Pass, you can cancel any time before the free trial period ends, and you will not be charged or renewed.

We reserve the right, at our discretion, to suspend, cancel or make changes to this free trial offer without prior notice, which includes the right to withdraw this trial from any customer who we determine is abusing it.

If you wish to change your selected pass, please call Customer Service at 1.877.VOILA.CA (1.877.864.5222)

Promotions and Marketing Statements

When we say “Guaranteed Fresh”, “No Letdowns” “Get What You Ordered” ,“or “Make it Right” we mean that if you buy an eligible product from Voilà and the product delivered 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.

Certain products offered on Voilà may include Voilà’s freshness guaranteed icon. From the date of delivery or pick-up, Voilà’s freshness guaranteed life, is the number of days we are guaranteeing before the use-by, best-before or expiration date of the product is reached. Visit the product details page for further information. When you receive your delivery or pick-up your order, please ensure you properly store your items, particularly those that are not stored at room temperature, immediately or within one hour and according to packaging or manufacturer guidelines. Voilà makes no guarantees of the quality or freshness of any products that are not properly stored. If you buy an eligible product from Voilà and the product delivered does not meet your expectations or Voilà’s freshness guarantee, 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 guarantee does not apply to products that do not have the freshness guarantee icon on the product page. We reserve the right, at our discretion, to suspend, cancel or make changes to this guarantee without prior notice, which includes the right to withdraw this guarantee from any customer who we determine is abusing it.

Our references to “No Letdowns” and “Get What You Ordered” also means that the majority of our orders arrive with all of the items as ordered. This is a metric that we track on a daily basis in eligible delivery regions.

When we say “delivered on time” we mean that the vast majority of our orders will arrive within the scheduled delivery time slot that you selected. This is a metric that we track on a daily basis in eligible delivery regions. We commit that the orders will be delivered within that specified window provided there are no unforeseen or uncontrollable delays including, but not limited to, poor road and traffic conditions, closures, inclement weather and/or network outages.

“Your online groceries reinvented” and/or references to our technology applies to our delivery from warehouse services only, and means that the novel and proprietary OCADO technology that we use in our warehouses to fulfill delivery orders is the first of its kind in Canada and is exclusive to Voilà in Canada.

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.

Our “Satisfaction Guarantee” means that if you are unsatisfied with any of the products delivered (including any substituted products), or if any products do not meet your expectations, you may contact the Voilà customer care team and we will refund the purchase price for the specified product(s). This guarantee does not apply to products sold by third-party vendors, or to any items excluded by law. Some exceptions will apply in the event of exceptional circumstances beyond our control and at our sole discretion. The decision to apply a refund will be at the discretion of the Voilà customer care team. We reserve the right, in our sole discretion, to suspend, cancel or make changes to this guarantee program without prior notice, which includes the right to withdraw this guarantee from any customer who we determine is abusing the guarantee.

As part of our “Satisfaction Guarantee” we also commit to “On Time Delivery”, which means if our delivery teammate is more than 15 minutes late from the end of your selected 1-hour delivery slot, you may call the Voilà customer care team to receive a $5 voucher for a future order. We commit that your order will be delivered within the specified delivery slot provided there are no unforeseen or uncontrollable delays including, but not limited to, poor road and traffic conditions, closures, inclement weather and/or network outages. The decision to issue a voucher will be at the sole discretion of the Voilà customer care team.

When we say “enjoy great deals online and in-store” we mean that some pricing and promotions may differ for the same products offered online and in-store however, variations may apply.

Scene+ Loyalty Program

Members of the Scene+ Program are eligible to earn Scene+ points in on selected Voilà products and services. Members can earn Scene+ points through weekly flyer events and everyday product offers. Scene+ offers at Voilà may differ from promotions you see in-store. All weekly Scene+ offers exclude taxes, delivery charges, bill payments, service fees, rental fees, event tickets, gift cards, fluid dairy products in Atlantic regions, pre-paid cards, postal products and services, Western Union, McCafe®/Tim Hortons®/Starbucks® products and services in select regions, prescription drugs, non-prescription pharmacy services, liquor and alcoholic beverages, tobacco products, lottery, photo finishing, deposits, environmental charges, fuel and other goods and services which are non-discountable or excluded by law.

Your Scene+ card must be linked to your Voilà account at the time of purchase. Go to your “Account Settings”, click “Email, Password and Loyalty” and follow the prompts to add your Scene+ card. All offers are subject to change and may be withdrawn without notice.

Please refer to the FAQ for more information and click here for additional Scene+ terms and conditions.

Trademarks of Scene Plus IP Corporation used under license by Sobeys Capital Incorporated.

Disclaimer and Limitation of Liability

To the fullest extent permitted by law:

(a) We make no express or implied warranties, guarantees or conditions, including without limitation as to merchantable quality, merchantability, fitness for a particular purpose, title or non-infringement, 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 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). For residents of Québec, these Terms are governed by the laws of Québec and the federal laws of Canada applicable therein, without regard to the rules relating to conflicts of laws. The courts of Québec, in the judicial district of Montreal, have exclusive jurisdiction over all claims. 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.

Digital Pharmacy Platform Terms and Conditions:

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

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

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

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

User Account

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

In order to use the Digital Pharmacy Services, if we request registration, billing or other information from you, you agree to provide us with accurate and complete information and to update the information when it changes.

You are responsible for maintaining the security of your login names and passwords and agree to be fully responsible for all use of your account and for any actions that take place using your account. You may not use any Digital Pharmacy Services with age restrictions unless you are at least of the required age. A pharmacist reserves the right to assess whether anyone under the age of majority has the capacity to provide consent to receive pharmacy services.

Appointment Scheduling

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

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

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

Prescription Management

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

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

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

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

Fees

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

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

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

Privacy

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

Promotions and Marketing Statements

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

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

Disclaimer and Limitation of Liability

To the fullest extent permitted by law.

(a) We make no express or implied warranties, guarantees or conditions, including without limitation as to merchantable quality, merchantability, fitness for a particular purpose, title or non-infringement. Your use of the Digital Pharmacy is at your own risk. We do not guarantee the accuracy or timeliness of information available on the Digital Pharmacy. You acknowledge that computer and internet systems are not fault-free and that downtime occurs. We do not warrant that access to the Digital Pharmacy will be uninterrupted, timely, secure or error-free or that data or content loss will not occur; and.

(b) In no event shall Sobeys or their respective employees, officers or directors be liable for any direct, indirect, incidental, special, exemplary, general, consequential or punitive damages (such as but not limited to lost profits, lost savings, lost data or loss of use) including without limitation damages arising from or relating in any way to the Digital Pharmacy, the related services, content and information available, offered or sold on or through the Digital Pharmacy, or their use or misuse, or any unauthorized access to, change to or loss of any data or content. If, despite the foregoing, you have, under any legal theory, any basis for recovering damages from us or our employees, officers or directors, the aggregate liability of all such parties shall not exceed the greater of $100 and the purchase price of the products or services involved in the transaction from which the liability arose.

End-User Service Agreement (“EUSA”)

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

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

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

You acknowledge and agree that:

(i) the Digital Pharmacy Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Sobeys and/or Provider may undertake from time to time; or (iii) causes beyond the control of Sobeys and/or Provider or which are not reasonably foreseeable, including, without limitation, interruption or failure of telecommunication or digital transmission links, including delays or failures due to your Internet service provider, hostile network attacks, network congestion or other failures.

(ii) You shall: (a) not, nor shall it permit or assist others, to use the Digital Pharmacy Services for any purpose other than that for which they are intended and designed; (ii) not alter, tamper with or attempt to repair the Digital Pharmacy Services; and (iii) not be entitled to resell the Digital Pharmacy Services.

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

(i) you will not (or authorize or permit any other party to): use the Digital Pharmacy Services to perform any activity that violates any applicable laws and/or, if applicable, use the Digital Pharmacy Services to transmit or send any inappropriate, improper, excessive, threatening or obscene material or to otherwise harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity;

(ii) you will not engage in any activity that could compromise the security of or disrupt or interfere with the Digital Pharmacy Services or any network or computers on the Internet or disrupt or interfere with the services of any third party;

(iii) you will not invade anyone's privacy by any means including but not limited to, by (i) misrepresenting the source of anything you may post, including impersonation of another individual or entity; (ii) attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their foreknowledge and willing consent;

(iv) you will not knowingly provide false or misleading information;

(v) you will not circumvent, decrypt or bypass any technology that is used to protect the Digital Pharmacy Services;

(vi) you will not perform any activity that would harm or disrupt another user's computer or would allow others to illegally access software or bypass security on Web sites, or servers, including but not limited to spamming;

(vii) you will not disassemble, decompile, or reverse engineer any software included and/or use in the Digital Pharmacy Service, except and only to the extent that the law expressly permits this activity.

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

(i) You will not attempt to use the SMS Notifications to access or allow access to emergency services;

(ii) You will comply with the third-party Acceptable Use Policy, which will be incorporated into the EUSA and available at the following address: https://www.twilio.com/legal/aup; and

(iii) Provider and its third-party providers shall be entitled to use your Personal Information as needed in order to provide the SMS Notification services.

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

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

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

Other

These Digital Pharmacy Terms are governed and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada, as applicable (without applying conflict of law principles). If any provision of these Digital Pharmacy Terms is unlawful, void or unenforceable, this will not affect the validity and enforceability of any remaining provisions. We may modify these Digital Pharmacy Terms at any time, by updating this posting and without notice to you. These Digital Pharmacy Terms and the Terms of Use constitute the entire agreement between you and us regarding the use of the Digital Pharmacy, superseding any prior agreements between you and us relating to your use of the Digital Pharmacy.