TERMS AND CONDITIONS

Welcome to the sites and interactive services owned, operated or provided by Zak’s Mart and its subsidiaries and affiliates (the “Company”, Zak’s Mart, “we”, “us” or “our”).

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. ZAK’s Mart 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.

As a visitor to the Site / Customer you are advised to please read the Privacy Policy carefully. By accessing the services provided by the Site you agree to the collection and use of your data by Zak’s Mart in the manner provided in this Privacy Policy.

As part of the registration process on the Site, Zak’s Mart may collect the following personal information about you: Name including first and last name, email address, mobile phone number and contact details.

Zak’s Mart will not use your financial information for any purpose other than to complete a transaction with you. Zak’s Mart does not rent, sell or share your personal information and will not disclose any of your personally identifiable information to third parties. In cases where it has your permission to provide products or services you've requested and such information is necessary to provide these products or services the information may be shared with Zak’s Mart business associates and partners. Zak’s Mart may, however, share consumer information on an aggregate with its partners or third parties where it deems necessary. In addition, Zak’s Mart. may use this information for promotional offers, to help investigate, prevent or take action regarding unlawful and illegal activities, suspected fraud, potential threat to the safety or security of any person, violations of the Site terms of use or to defend against legal claims; special circumstances such as compliance with subpoenas, court orders, requests/order from legal authorities or law enforcement agencies requiring such disclosure.

To protect against the loss, misuse and alteration of the information under its control, Zak’s Mart has in place appropriate physical, electronic and managerial procedures. For example, Zak’s Mart servers are accessible only to authorized personnel and your information is shared with employees and authorized personnel on a need to know basis to complete the transaction and to provide the services requested by you. Although Zak’s Mart will endeavor to safeguard the confidentiality of your personally identifiable information, transmissions made by means of the Internet cannot be made absolutely secure. By using this site, you agree that Zak’s Mart will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties.

Zak’s Mart reserves the right to change or update this policy at any time. Such changes shall be effective immediately upon posting to the Site.

RIGHT TO CHANGE TERMS AND CONDITIONS

We reserve the right, in our sole discretion, to modify all or a portion of the terms & conditions at any time without further notice and without incurring any liability or obligation. Your continued access to and/or use of the Application after any such changes constitutes your acceptance of, and agreement to be legally bound by, the terms & conditions as revised. It is your sole responsibility to regularly check the Application to determine if there have been any changes to the terms & conditions and to review such changes.

EMAIL AND 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 of the 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.

REGISTERATION AND LOG IN

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 change

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 Services with age restrictions unless you are at least of the required age.

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 Zak’s Mart.

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.

OUR RIGHTS REGARDING ORDERS

Without limiting the generality of these terms & conditions, we reserve the right to limit or refuse any order you place with us through the Website. 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 & conditions. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing address. Not all products available in-store may be available online.

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.

LIMITATION OF LIABILITIES

Zak’s Mart 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.

Zaks’ Mart 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, Zak’s Mart 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.

TRANSACTIONAL TERMS

When you submit an order, we reserve the right to request credit card pre-authorization for up to 120% of the order total to accommodate updates to your order and the cost of variable weight items in the final order. During the authorization process when you submit your order, your card is validated and must have enough available funds for the transaction to be approved. Upon approval, the order will be received and prepared for pick-up or delivery. This authorization is cancelled when your Order is processed for actual payment.
In order 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, including without limitation, the accepted credit cards, at any time.
You may cancel your order or modify the order (including adding or removing products or changing quantities) via the Website or through Customer Service at 403-2630663 up until 18:00 pm the day prior to the pick-up or delivery date selected (“Cut-off Time”). If you try to make any modifications after the Cut-off Time, we cannot guarantee that the modification will be made prior to Order Pick-up or delivery time.

Zak’s Mart 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 order or by telephone to the telephone number associated (“Contacted”)

Zak’s Mart may, in its sole discretion, cancel an order you have placed on a Transactional Site after Zak’s Mart has accepted it, in which case you will be Contacted. If Zak’s Mart cancels your order, Zak’s Mart will have no obligation to fulfill it nor will Zak’s Mart be otherwise liable to you in respect of it, and you will have no obligation to pay for it. Zak’s Mart 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, Zak’s Mart will have no obligation to fulfill an order for them and you will have no obligation to pay Zak’s Mart for them; and (b) Zak’s Mart 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.

Zak’s Mart 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.
Zak’s Mart 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.

Methods of payment applicable to any particular order are indicated on the applicable Transactional Site. You authorize Zak’s Mart 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 Zak’s Mart will have no obligation in respect of it.

Each time you place an order, you represent and warrant that you have accessed, read and accepted the then-applicable terms governing that order.

ORDERING AND PAYMENT

You will only be charged for the actual items included in your order (including costs based on actual weight of any variable weight items priced by weight), less any redemption of coupons or other promotional deductions.

If you fail to pay any fees or charges when due (including fees or charges for returned cheques, cancellation fees, or damages arising from fraudulent use), we reserve the right to charge such amount directly to the credit card provided by you at the time you submitted your order. You are responsible and liable for any fees, including legal costs and collection costs, that we may incur in its efforts to collect any unpaid balances from you.

All dollar amounts on Zak’s Mart 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 Zak’s Mart. The delivery fee may vary by location, or time slot but will be displayed on the booking page and confirmed at checkout when submitting your order on Zak’s mart website.

By completing the checkout and submitting an order through Zak’s Mart website, 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.

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 up until the cut-off times indicated on website (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 on Zak’s Mart website. All offerings on our website 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 our 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 (if applicable) as compared to estimated numbers, and other such matters. The resulting final amount will be charged to your payment method.

We seek to be accurate with respect to product images and descriptions, including ingredients and nutritional information, and product filters and segmentations on Zak’s Mart website 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 Zak’s Mart website, 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 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.

DELIVERIES AND CURBSIDE PICKUP

Delivery and/or curbside pickup days and times will be as specified on the booking page on Zak’s Mart website. You will select the delivery or curbside pickup time slot, and in the case of curbside pickup, 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 as the booking page, the shopping cart, order confirmation and receipts) for both delivery orders and curbside pick up 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 Zak’s Mart website, 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 when you placed your order. We reserve the right to restrict deliveries and/or curbside pickup in certain at certain times, and this includes the right to eliminate certain areas and times from our delivery schedule or eliminate 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 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.

DISCLAIMER AND LIMITATION OF LIABILITY

We makes 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 Zak’s Mart 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 Zak’s Mart. We do not warrant that access to Zak’s Mart website will be uninterrupted, timely, secure or error-free or that data or content loss will not occur.

In no event shall Zak’s Mart 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 Zak’s Mart, the products, content and information available, offered or sold on or through Zak’s Mart, 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 $20 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.