TERMS AND CONDITIONS
OUR RIGHT TO CHANGE THESE TERMS:
We reserve the right, in our sole discretion, to modify all or a portion of these Terms at any time. If we do this, we will post the revised Terms and notice of the changes to these Terms on the website and will indicate at the bottom of this page the date these Terms were last revised. Your continued access to and/or use of the website after any such changes and notice constitutes your acceptance of, and agreement to be legally bound by, these Terms as revised. It is your sole responsibility to regularly check the website to determine if there have been any changes to these Terms and to review such changes.
OUR RIGHT TO DISCONTINUE OR MODIFY THE WEBSITE:
You acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the website, including any products offered thereon, 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.
When you make a purchase through this website, you must either register for an account, or check out as a guest. If you choose to make a purchase as a guest, you will not be required to register; however, you will still be required to provide certain personal information to allow us to process your Order (defined below). When you make a purchase with us, you agree to provide accurate and current information about yourself as requested, and if you register an account, 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, regardless of whether you register or purchase as a guest; (b) should you register, 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 website; and (c) should you register, 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. JFS 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.
MAKING PURCHASES THROUGH THE WEBSITE:
You may only make purchases through the website if you are over the age of legal majority in the state/jurisdiction where you permanently reside or if you obtain the verifiable consent of your parent/legal guardian to make any such purchases. You may only purchase or order items for personal, non-business purposes. Purchases will only be shipped to a valid mailing address within the fifty (50) United States (including the District of Columbia, but excluding, Hawaii and Alaska). However, we may not be able to ship to all areas within the fifty United States and reserve the right to cancel purchase orders. In the event we are not able to ship to the shipping address you provide, we will notify you, your order will be cancelled, and you will receive a refund in respect of your purchase (unless you provide an alternate eligible shipping address). We further reserve the right not to offer expedited or other forms of shipping. Unless otherwise indicated, all dollar amounts on the website are in U.S. Dollars.
All orders made through this website are subject to the terms and conditions outlined on the website relating to the purchase in question and the following additional terms and conditions. Pricing and other terms and conditions relating to the purchase, return, refund, or delivery of the product may be changed at any time without notice. Prices may differ from those for purchases made through other channels. You have a legal obligation to pay for any orders indicated to be made by you.
By completing a purchase transaction (“Order”) through the website, you are agreeing to pay, in full, the prices and all applicable taxes and specified shipping and handling fees specified in relation to your Order, either by credit card or other permitted payment method. Payments are processed by our trusted third party service provider and JFS does not collect your financial information.
We reserve the right to change the permitted methods of payment, including without limitation, the credit cards we are able to accept, at any time. If complete payment for your Order is not received and verified by us, your Order will not be processed. If you do not complete or improperly complete your Order it may not be accepted or acknowledged.
In order to complete an Order, you may be required to provide certain additional information that is required to process your Order. For example, you will be required to provide valid payment information (e.g. a valid credit card number and expiration date) to facilitate payment.
Please note that merchandise is only held for you once you have completed your Order. Adding an item or items to your shopping cart (“Cart”) does not reserve such item(s) for you or guarantee that you will be able to purchase such item(s) at a later date. An item can sell out while it's sitting in your Cart. If an item was removed from your Cart, this may mean that we have sold out prior to you completing your Order. We reserve the right to change the prices offered on the website at anytime, including without limitation, items that have been placed in your Cart.
You will be billed for your Order at the time your Order is shipped. You will be responsible for all applicable taxes related to your Order. Applicable taxes will be charged at the time you are billed. Applicable sales tax will also be applied to the shipping and handling, return shipping and gift packaging charges. Taxes may depend on delivery location.
Product availability varies. The selection of JFS products may vary between stores and online. Also, some of our products are available for a seasonal or limited time only.
RETURNS AND REFUNDS:
To view our returns and refund policy, please click here.
The estimated delivery time will be specified in your Order; however, as we use a third party to deliver Orders, it is possible that your Order will arrive before or after the estimated delivery time. We will use commercially reasonable efforts to deliver your Order as quickly as possible within the time period(s) indicated; however, we will not be responsible for any delays in delivery which are beyond our control. If you do not receive your Order within 10 days of the estimated delivery time, please let us know. Please note that multiple Orders may not always be shipped together. In addition, depending on the size of your Order you may receive several shipments to complete your Order.
OUR RIGHTS REGARDING ORDERS:
Without limiting the generality of these Terms, 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. 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 credit card, and/or Orders that use the same billing and/or shipping address. We also reserve the right, in our discretion, not to ship items ordered or purchased through the website to certain addresses. In the event that we are unable to or choose not to ship an item, you will be notified accordingly and the amount for that item charged in relation to your Order will be reduced accordingly.
We take great pride in our website and every effort has been made to help ensure that the information contained on the website is correct. Unfortunately, however, there may sometimes be information on the website that contains typographical errors, inaccuracies, or omissions – including those that may relate to product descriptions, pricing, promotions, offers, and/or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or modify or cancel Orders if any information on the website is inaccurate at any time without prior notice (including after you have submitted your Order).
All Orders are subject to verification at any time and for any reason. We reserve the right, in our sole discretion, to require proof of identity: (i) for the purposes of verifying the legitimacy of any Order or other information; and/or (ii) for any other reason we deem necessary, in our sole discretion, for the purposes of fulfilling an Order in accordance with these Terms.
Your safe and secure online shopping experience is our top priority. As such, we routinely monitor our website 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 website, 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 website 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 WEBSITE AND WEBSITE MATERIAL:
Except as expressly stated therein, this website is provided for your personal non-commercial use and you may not copy material from this website for commercial use. You may copy material in limited quantities from this website for your personal non-commercial use provided that our copyright and/or trade-mark notice(s) remain affixed to the copied material. JFS reserves the right to restrict your use of this website at any time, which may include terminating your permission to make personal copies of material from this site.
JFS may from time to time monitor or review material transmitted or posted using this website 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 website.
Furthermore, JFS reserves the right in its sole discretion and at all times, to disclose any content posted on the website as necessary to satisfy any reasonable (in JFS’ sole determination) third-party demand, law, regulation, or governmental request.
OWNERSHIP OF INTELLECTUAL PROPERTY:
This Agreement provides only a limited license to access and use the website. Accordingly, you expressly acknowledge and agree that JFS transfers no ownership or intellectual property interest to or title in the website to you or anyone else. All text, graphics, interfaces, photographs, sounds, artwork, computer code (including html code), website software, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the website, unless otherwise indicated, are owned, controlled, and licensed by JFS and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, JFS does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The website is Copyright © 2014 Loblaw Companies Limited. All rights reserved. JFS or our third party licensors own the copyright to all material on and from this website as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the website. Any downloadable or printable programs, directories, databases, information, or materials available through the website and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Loblaw. Notwithstanding any other term or condition in these Terms, Loblaw, or the applicable third party licensor, retains ownership to the copyright in this website and all material on and from this website.
This website contains many of the valuable trademarks, names, package designs, icons, copyrights and other proprietary material owned and used by JFS, its affiliated companies and/or third party licensors – including, but not limited to, Joe Fresh® (the "Trademarks"). The Trademarks on this website are protected from copying or reproduction under national and international trademark and copyright laws and nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any patent, trademark, copyright or other proprietary right. Therefore the use of the Trademarks is strictly prohibited. All rights reserved. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
DISCLAIMERS & LIMITATION OF LIABILITY:
Your use of this website and material from this website is at your own risk. JFS strives to provide accurate and up-to-date material on this website. However, JFS makes no guarantees, warranties or representations as to the accuracy, completeness, or timeliness of the material provided on this website. JFS further assumes no liability or responsibility for any errors or omissions on this website.
This website may therefore contain, or refer to, documents containing forward-looking statements which reflect management’s expectations regarding JFS’ future growth, results of operations, performance and business prospects and opportunities. Wherever possible, words such as “anticipate,” “believe,” “expects,” “intend,” and similar expressions have been used to identify these forward-looking statements. These statements reflect management’s beliefs, and are based on information available to management, at the time the documents were prepared. Forward-looking statements involve significant risk, uncertainties and assumptions. A number of factors could cause actual results, performance or achievements to differ materially from the results discussed or implied in the forward-looking statements. These factors should be considered carefully and prospective investors should not place undue reliance on the forward-looking statements. Although the forward-looking statements contained in this website or in documents referred to in this website are based upon what management believes to be reasonable assumptions, JFS cannot assure prospective purchasers that the actual results will be consistent with these forward-looking statements. These forward-looking statements are made as of the date the documents were prepared, and JFS assumes no obligation to update or revise them to reflect new events or circumstances.
In addition, this website, the material provided on this website, and the products offered on this website, are provided "AS IS" 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.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE WEBSITE ARE INTENDED TO BE OFFERED ONLY IN THE JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. FURTHER, THE INFORMATION ON THE WEBSITE IS NOT AN OFFER OR SOLICITATION BY ANYONE TO 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.
JFS MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE WEBSITE, 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 WEBSITE WILL BE SECURE; (V) THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; (VI) THE USE OF THE WEBSITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES; OR (VII) THE WEBSITE WILL CONTAIN ACCURATE OR COMPLETE INFORMATION.
TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, JFS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIVE DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR ACCESS TO, USE OF, OR DOWNLOADING OF THIS WEBSITE OR ANY MATERIALS PROVIDED ON THIS WEBSITE. FURTHER, JFS’ TOTAL LIABILITY FOR ANY AND ALL DAMAGES (DIRECT OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT(S) PAID BY YOU FOR THE JFS PRODUCTS OR SERVICES OVER THE SIX (6) MONTHS PRECEDING YOUR CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTACT, BREACH, OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON THE IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, YOU MIGHT HAVE ADDITIONAL RIGHTS, WHICH SHALL REVISE THE FOREGOING LIMITATIONS ON JFS’ LIABILITY ONLY TO THE EXTENT REQUIRED BY APPLICABLE LAW. YOU EXPRESSLY ACKNOWLEDGE THAT JFS HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE WEBSITE 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 JFS. 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 AGREEMENTAS MANIFESTED BY THESE TERMS AND CONDITIONS.
HOW TO REPORT CLAIMS OF COPYRIGHT INFRINGEMENT:
We respect the intellectual property rights of others, and we ask visitors to our website to do the same. It is our policy to respond to clear notices of alleged copyright infringement. The following section explains how to notify us of alleged copyright infringement. We will remove or disable content properly asserted to be infringing the copyrights of others.
Copyright Infringement Notification. If you believe that your copyright has been infringed, please provide us with a written statement containing all of the following:
- Identification of the copyrighted work claimed to have been infringed;
- A description of the location of the material that is claimed to be infringing. This description should have enough detail so that we can easily find the material on the website, such as by providing a unique URL for the infringing material;
- Your name, address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner; and
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
The statement should be mailed to our agent designated (“Designated Agent”) to receive and act on copyright violations at the following address: Attn: Legal Department, Loblaws Inc., 1 President’s Choice Circle, Brampton, Ontario, Canada L6Y 5S5.
OR faxed to: 905-861-2360.You must include the wording “DMCA Complaint” on the fax cover page.
OR emailed to: email@example.com. You must include “DMCA Complaint” in the subject line.
Please note that we reserve the right to counter-notify and forward your complaint to the person who provided the allegedly infringing content.
Counter Notification. If you think that content you provided has been removed or disabled due to a mistake or the result of a misidentification, you may file a Counter Notification. To be effective, a Counter Notification must be a written communication sent to the Designated Agent that includes the following:
- Identification of the material that has been removed or disabled, and the location where the material appeared before it was removed or disabled;
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that the you will accept service of process from the person who provided notification under 17 U.S.C. § 512 (c)(1)(C) or an agent of such person;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- Your physical or electronic signature or a physical or electronic signature of a person authorized to act on your behalf.
The Counter Notification should be mailed to our Designated Agent to receive and act on copyright violations at the following address: Attention: Legal Department, Loblaws Inc., 1 President’s Choice Circle, Brampton, Ontario, Canada L6Y 5S5.
OR faxed to: 905-861-2360. You must include the wording “Counter Notice to DMCA Complaint” on the fax cover page.
OR emailed to: firstname.lastname@example.org. You must include the wording “Counter Notice to DMCA Complaint” in the subject line.
If you breach any provision of these Terms you may no longer use the website. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the website or any part thereof, any of its features, or any products offered on the website, at any time, for any reason, without any notice or liability to you or any other entity. If these Terms or your permission to use the website is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect to your prior use of the website and anything relating to or arising from such use. If you are dissatisfied with the website or with these Terms, then your sole and exclusive remedy is to discontinue using the website.
JFS has not reviewed any or all of the sites that may be linked to this website and is not responsible for any sites linked to this website. Your linking to any sites from this website is at your own risk. By linking to a site or permitting a link to this website, JFS does not endorse the site operator or the content of the linked site.
USER CONTENT/IDEA SUBMISSION:
You hereby grant to JFS a non-exclusive, irrevocable, transferable, sublicensable, worldwide, in perpetuity license to use the User Content in any form or format and to modify the same for use for any purpose. You hereby acknowledge and agree that if JFS elects to use the User Content, you shall not be entitled to any additional credit, consideration, notice or payments of any kind, and shall waive any moral rights you may have to the User Content. All copyright or other intellectual property rights that may result from JFS’ elected use of the User Content shall be the sole property of JFS. Nothing herein obligates JFS to use your User Content or compensate you for use of the User Content. You further agree that if JFS elects to use your User Content, you will execute any documents reasonably requested regarding this license or any assignment.
Idea Submission / Waiver of Equitable Relief with Respect to User Content. JFS does not seek unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like through its website. Should you ignore this policy and submit an idea to JFS, you acknowledge and agree that any and all such suggestions, information, material, or other content (collectively, “feedback”) to JFS shall be supported by your representation and warranty that such feedback does not infringe, misappropriate, and/or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to JFS. In addition, any feedback received through this website will be deemed to include a royalty-free, perpetual, irrevocable, transferable, sublicensable, non-exclusive right and license for JFS to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby expressly waive any claim to the contrary. Further, you waive any moral rights you may have to the feedback. Any changes, enhancements, modifications, products or services that JFS develops or creates from such feedback shall become and remain the sole and exclusive property of JFS without further liability or compensation to you.
You agree that the laws of the State of New York govern any use of this website, without regard to rules relating to conflict of laws, including with regard to any dispute arising out of your use of this website or material from this website. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. You acknowledge that any breach, threatened or actual, of JFS’ intellectual or proprietary rights will cause irreparable injury to JFS, such injury would not be quantifiable in monetary damages, and JFS would not have an adequate remedy at law. You therefore agree that JFS shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any violation, infringement, or misappropriation, threatened or actual, of JFS’ intellectual property or proprietary rights.
SEVERED PROVISIONS AND ENTIRE AGREEMENT:
If any provision of this agreement is unenforceable, that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of the remaining provisions. No waiver of these terms and conditions shall be valid unless the same shall be in writing and signed by the party giving such waiver. No waiver granted shall be deemed to extend to any prior or subsequent occurrence or affect in any way any rights arising by virtue of any prior or subsequent occurrence.
This is the entire agreement between the parties relating to the subject matter.
June 18, 2014