Terms of Use

Livingoods Supermarket Inc. ("us", "we" and/or "Livingoods") is pleased to provide this mobile application or website (the "Application") for your personal, non-commercial use. By using the Application, you agree to be legally bound by the terms set out below, and to comply with all applicable laws and regulations.

We are pleased to offer certain programs on the Application, namely Livingoods Shop Online - Delivery to Home (collectively, the "Programs"), which are also subject to the terms set out below.

These terms cover: A. Terms of Use for the Application; B. General Terms & Conditions for the Programs; C. Specific Terms & Conditions for the Program; and D. General Terms for the Application and the Programs.

If you do not accept and agree to be legally bound by and comply with the terms below, you are not permitted to access or use the Application, or participate in the Programs.

Our Right to Change These Terms of Use: We reserve the right, in our sole discretion, to modify all or a portion of these Terms of Use at any time without further notice and without incurring any liability or obligation. If we do this, we will post the changes on the Application by indicating the date these Terms of Use were last revised. Your continued access to and/or use of the Application after changes are posted constitutes your acceptance of the revised Terms of Use.

Application Errors: We take great pride in the Application and make efforts to help ensure that information on the Application is correct. However, there may sometimes be typographical errors, inaccuracies, or omissions, including those relating to product descriptions, pricing, promotions, offers, and/or availability. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or modify or cancel orders if any information on the Application is inaccurate at any time without prior notice, including after you have submitted your order.

Notice to Mobile Users: To use the Application, you must comply with these Terms of Use, the terms applicable to the Programs, and the rules, restrictions, and requirements of the app store from which you download the Application, including the Apple App Store or Google Play, as applicable.

If you download and use the iOS version of the Application, you acknowledge that these Terms of Use are entered into by and between us and you, and not with Apple Inc. Apple Inc. and its subsidiaries are third party beneficiaries of the Application and have the right to enforce these Terms of Use. Apple Inc. has no obligation to furnish maintenance or support services for the Application and is not responsible for claims relating to the Application or your use or possession of it, including product liability claims, legal or regulatory non-conformity claims, consumer protection claims, or third party intellectual property claims. Additional app store terms may apply based on your device or download facility.

Our Right to Change Program Terms: We reserve the right, in our sole discretion, to modify all or a portion of the terms and conditions of one or more Programs at any time without further notice and without incurring any liability or obligation. If we do this, we will post changes on the Application. Your continued use of the Application after changes are posted constitutes your acceptance of the revised terms.

Registration: To place an order through the Programs, you must log into your Livingoods Shop Online account (the "Account") on the Application. If you do not have an Account, you may register for one through the Application. You agree to provide accurate and current information, promptly update it as necessary, maintain the confidentiality of passwords and account identifiers, and accept responsibility for all activities under your Account. You must notify us of unauthorized use at team@livingoods.ca. Livingoods is not responsible or liable for losses or damages arising from your failure to comply with this section or for any delay in shutting down your Account after a reported breach.

Verification: All orders are subject to verification at any time and for any reason. We may require proof of identity to verify order legitimacy, comply with applicable laws, or for any other reason we deem necessary to facilitate or fulfill an order.

Our Rights Regarding Orders: We reserve the right to limit or refuse any order placed through the Programs. We may verify the validity of orders and cancel any order if we find evidence of fraud, tampering, or violation of these terms. We may limit or cancel quantities purchased per person, household, or order, including orders under the same account, credit card, or billing address. Not all products listed on the Application may be available.

Communications to Customers Regarding Order Status: We may contact you through your preferred communication method for matters related to your order, such as product availability or shipment status. We are not responsible for inaccuracies or delivery failures caused by circumstances beyond our control.

Placing an Order and Changes to Your Order: By submitting an order, you agree to receive all or part of your order through our authorized third party fulfillment and delivery providers and to pay in full for selected items and all applicable taxes by credit card or other permitted method, subject to cancellation. You may be required to provide additional information to process your order. If you do not complete or improperly complete your order, it may not be accepted or acknowledged. We may change permitted payment methods at any time.

You may only place an online order if you are over the age of legal majority in your province or territory of residence. You may only purchase or order items for personal, non-business purposes. Unless otherwise indicated, all dollar amounts are in Canadian Dollars.

Because product availability, variable-weight items, prices, discounts, and coupons may be validated during order assembly, the product list or catalogue on the Application is an invitation to place an order, not an offer to sell. An order confirmation is not acceptance of an offer. The transaction is complete and the sales contract is formed when your order has been assembled and payment has been completed.

Order Payment: You will only be charged for the actual items included in your order, including costs based on actual weight for variable-weight items where applicable, less coupons or promotional deductions. If you fail to pay applicable fees or charges when due, we may charge the amount to the payment method you provided. You are responsible for fees, including legal and collection costs, incurred in collecting unpaid balances.

Pricing and Availability: Applicable taxes will be calculated and displayed at checkout before order submission. Taxes shown are estimates and the final tax amount will be confirmed based on the final order total. Prices are guaranteed after order submission unless an item was incorrectly priced. If an item was incorrectly priced, we may apply the correct current price at checkout. If you are not satisfied with the current price, you may remove the product from your order. We may limit your order or the quantity of a product you may order.

Product Information: Recipes, health notices, nutritional and labelling information, and other product information are general in nature and do not constitute medical or professional advice. Always consult a certified medical or health professional before relying on such information for diet, exercise, or lifestyle changes.

Manufacturers may change label information without notifying us. Product information is provided as a guideline only. Always read current labels, warnings, and directions before using or consuming a product. For additional product information, contact the manufacturer.

Country of origin information is provided to the best of our knowledge, but may change at any time due to unforeseen circumstances and may not always be available. To request actual country of origin information for an item, contact Customer Service at team@livingoods.ca.

Promotions: We may make promotional offers from time to time on the Application. Please review the guidelines associated with each offer, as they may differ. Manufacturers' coupons and warranties are the responsibility of the manufacturers. If we inadvertently make a typographical error on a coupon or special offer, we may suspend redemption or terminate the coupon or offer. Promotions, contests, sweepstakes, or similar offers may have additional terms and conditions.

Livingoods Shop Online - Delivery to Home: The following provisions apply to orders submitted through the Application and delivered by our authorized third party fulfillment and delivery providers.

Changes to Your Order: You may cancel your Livingoods Shop Online - Delivery to Home order in the Application under My Account within 15 minutes after the order is placed. Otherwise, you may apply for a refund in the Application under My Account within 14 business days after you receive the order.

For more detailed information about refunds and returns for Livingoods Shop Online - Delivery to Home orders, please refer to the Livingoods Shop Online - Return and Refund Policy.

Livingoods may charge a shipping fee for Livingoods Shop Online - Delivery to Home orders at its discretion. Fees may vary by delivery address, date, and time. Shipping fees will be disclosed when you select delivery location, date, and time. Livingoods may require a minimum order value before an order may be submitted and may waive minimum order requirements at any time in its sole discretion.

Receiving Your Order: Your Livingoods Shop Online - Delivery to Home order will be delivered by our authorized third party fulfillment and delivery providers. You may have your order delivered to your designated address or an eligible office of the fulfillment and delivery provider close to you. Although we and our providers will make every effort to deliver within the indicated time frame, we are not liable if your order is delivered outside the indicated time frame.

Refunds: If you experience a quality issue with eligible items in your order, contact Customer Service at team@livingoods.ca within 14 days of receiving your order. If your refund request is approved, we will send an email notification and issue the refund to your original payment method. Applicable return fees and eligible items are set out in the Livingoods Shop Online - Return and Refund Policy.

Safe Shopping: Your safe and secure online shopping experience is our top priority. We routinely monitor the Application for suspicious activity. However, transmission of data over the internet or other networks may not be secure and may be subject to loss, interception, or alteration. We do not assume liability for damages or costs arising from electronic transmissions on or through the Application.

Our Right to Discontinue or Modify: We may modify or discontinue all or part of the Application, products offered, and/or Programs at any time without notice. We are not responsible or liable for loss or damage resulting from modification or discontinuance.

Use of Application and Intellectual Property: The Application contains trademarks, names, package designs, copyrighted works, and other proprietary materials owned by Livingoods, licensed to Livingoods, or provided by third parties. These materials are protected by Canadian and international intellectual property laws. You may use the Application only for personal, non-commercial purposes and may not copy proprietary materials for commercial use.

You may copy proprietary materials other than trademarks in limited quantities for personal, non-commercial use if copyright notices remain attached. Nothing grants you a license or right to use, copy, or reproduce trademarks without Livingoods' prior written permission. All rights are reserved.

You may not use the Application to post or transmit unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, infringing, profane, or otherwise inappropriate material. Livingoods may monitor, review, or delete material it deems inappropriate but has no obligation to do so.

Disclaimer: Your use of the Application, materials from the Application, and Programs is at your own risk. To the extent permitted by applicable law, the Application, materials, products, and Programs are provided "AS IS" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

Livingoods makes no representation or warranty that the Application will be compatible with your systems, available without interruption or error, free of harmful components, secure in transmission, non-infringing, or free from causing damage to computer systems, software, or files.

To the extent permitted by law, Livingoods will not be liable for damages arising from, connected with, or relating to the Application or Programs. You acknowledge that these limitations and exclusions of liability and disclaimers form an essential basis of the agreement and will survive fundamental breach, failure of essential purpose, failure of any exclusive remedy, or termination.

Termination: If you breach these terms, we may determine that you are no longer eligible to use the Application or participate in Programs. We may change, suspend, or terminate the Application, Programs, features, or products at any time and for any reason without notice or liability. If your permission to use the Application or Programs is terminated, these terms continue to apply to prior use and anything arising from it. Your sole remedy if dissatisfied is to stop using the Application and Programs.

Material Errors, Technical Problems, or Fraud: We may withdraw, change, or suspend all or part of the Application or Programs in the event of material error, omission, technical problem, virus, bug, tampering, unauthorized intervention, fraud, technical failure, or other cause beyond our reasonable control that interferes with proper operation. Attempts to damage or undermine the Application or Programs may violate criminal or civil laws, and we reserve the right to seek remedies and damages to the fullest extent permitted by law.

Links: Livingoods has not reviewed all sites that may be linked to the Application and is not responsible for linked sites. Your linking to any site from the Application is at your own risk. Linking does not mean Livingoods endorses the site operator or linked content.

Idea Submission and Use of Information: Livingoods does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations, or similar matters. If you submit an idea despite this policy, you agree that the idea becomes the sole and exclusive property of Livingoods without liability or compensation, and you waive any moral or other rights in the submitted material.

If you submit feedback, data, questions, comments, suggestions, or similar information, it will not be deemed confidential. Such submissions are deemed the property of Livingoods, and your submission assigns all worldwide rights, titles, and interests to Livingoods. Livingoods may reproduce, use, disclose, distribute, and rely on such information without limitation, liability, or compensation.

Severed Provisions and Entire Agreement: If any provision of these terms is unenforceable, that provision will be severed and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between the parties relating to the subject matter.

Privacy: Your use of the Application is also subject to our Privacy Policy, which is incorporated into these terms. By using the Application, you signify that you have read, understand, and agree to be legally bound by our Privacy Policy.

Applicable Law: For Canadian residents excluding Quebec, to the extent permitted by applicable law, the laws of Ontario, Canada govern use of the Application and Programs, without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The courts of Ontario have exclusive jurisdiction over all claims.