GENERAL CONDITIONS

Please review these Terms of Use prior to using the www.wanda.delivery website and associated services (the “Services”), as you are deemed to accept and be bound by these Terms of Use in accessing any of the Services.

5001039 Ontario Inc. (“Wanda”) reserves the right to change these Terms of Use, in whole or in part, at any time without notice. Accordingly, you should always review this page prior to accessing any of the Services in order to ensure that you have an understanding of the current terms of use under which you are permitted access to this website. “Recordings” means any audio, image, video, or other types of recordings made in connection with your use, or the provision to you, of the InHome Service.

Should you disagree in any manner with these Terms of Use, you are required to immediately discontinue your use of the Services.

REGISTRATION

When registering for an account, you agree to provide accurate and current information about yourself as requested and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality of any passwords or other account identifiers that you choose or that are otherwise assigned to you as a result of any registration or purchase made through the website; and (c) all activities that occur under such password(s) or account(s). Further, you agree to notify us of any unauthorized use of your password or account of which you are or become aware of. Wanda shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section, or for any delay in shutting down your account after you have reported a breach of security to us.

PLACING AN ORDER

All dollar amounts on the website are in Canadian dollars.

By completing the checkout and submitting an order through wanda.delivery, you are agreeing to pay, in full, the prices of the items selected and all applicable taxes, either by credit card or other permitted payment method.

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 at any time.

During the authorization process when you submit your order, your card is validated and must have enough available funds for the transaction to be approved. Upon approval, the order will be prepared for delivery. If you fail to pay any fees or charges when due, we reserve the right to charge such amount directly to the credit card as 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.

You may cancel your order or modify the order (including adding or removing products, changing quantities, or changing order delivery details) by contacting our support team (via live chat or emails to [email protected]) until ten (10) hours prior to the delivery date selected (the “Cut-off time”).

If an order is cancelled after the Cut-off Time, Wanda reserves the right to withhold your refund.

If you try to make any modifications after the Cut-off Time, we cannot guarantee that the modification will be made prior to delivery date.

INTENDED USE AND RESTRICTIONS

The material on the wanda.delivery website and associated services is owned or licensed by Wanda and is intended to be viewed by users in Ontario only. As the websites are business and commercial sites, access to the websites is not intended for use and may not be legally accessed by persons under the age of eighteen (18) years old.

Wanda makes no claim that the information located on the wanda.delivery website is appropriate for or may be downloaded legally by users from outside of Ontario.

Subject to the Wanda Privacy Policy that restricts the use of personal data, any material, information or ideas that you as a user transmit or post on the wanda.delivery website by any means whatsoever will be treated as non-confidential and non-proprietary, and may be disseminated or used by Wanda for any purpose it deems appropriate.

Users accessing the Services are advised that it is prohibited to post or transmit on or via the Services any unlawful, threatening, libelous, defamatory, scandalous, inflammatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that could be considered a criminal offense or violation of any law.

COPYRIGHT

Wanda or the entity from which Wanda licenses copyrighted material is the copyright owner of the website design, text and graphics, and the selection and arrangement of such elements as part of the Services. Any reproduction, distribution, republication, posting, or transmission of the Services in any form or by any means without the express prior written approval of Wanda and/or the licensee is strictly prohibited.

Wanda grants to you as a user of the Services permission to lawfully access and use the services available on the wanda.delivery website and to download, archive and print in hard copy, portions of the website for personal use only, provided that you do not modify the materials and that you retain all proprietary notices contained in the materials on such downloaded, archived or printed materials. Users are strictly prohibited from selling any downloaded, archived or printed portions of the website(s) viewed.

Wanda’s permission to you terminates automatically, without any need of notification of such termination, if you breach any of these Terms of Use.

TRADEMARKS

“Wanda” and the wanda.delivery domain name, the Fruits logos, all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress owned by Wanda. In addition, there are numerous other trademarks, product names, company names, logo service marks, and/or trade dress indicated on the websites that are the property of their respective owners and are displayed by Wanda under license therefrom. You are prohibited from using any trademarked materials without the express prior written permission of Wanda and/or the licensor.

WARRANTIES RELATED TO THE USE OF THE WEBSITE AND ASSOCIATED SERVICES

Subject to the Wanda return of goods policy, the information, materials and services contained on the wanda.delivery site, including but not limited to, the graphics, links and other items, are being provided to you on an “as is” and “as available” basis with no warranty. Wanda does not warrant or guarantee the accuracy, adequacy or completeness of this information and materials, and expressly disclaims liability for any errors and/or omissions in this information and materials. To the maximum extent permitted by law, Wanda disclaims all representations and warranties of any kind, whether expressed, implied or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose.

As well, Wanda does not warrant, guarantee or make any representations whatsoever regarding the security of accounts, or that this site is free from destructive materials including, but not limited to, computer viruses, hackers, or other technical sabotage. Further, Wanda does not warrant, guarantee or make any representations that access to the wanda.delivery website will be fully accessible, current and/or accurate at all times, uninterrupted, or error-free. You acknowledge and accept that your use of the websites is at your sole and entire risk.

Items listed on the wanda.delivery website may not be available or in-stock at all times for purchase on the website(s) or at all stores. Wanda reserves the right to correct, at any time, any pricing errors on the website. While the website is updated regularly, prices, selection and availability, including the availability of promotional offers, may vary and are subject to change without notice. Wanda will not be responsible for any loss or damages arising from such updates or changes.

In cases where we custom-cut, or select variable weight items (such as certain meats or produce or other items priced by weight (ie, kg/grams), the per item price you see on wanda.delivery is estimated based on the weight you select on the website. The final price of these items will be based on the same price per weight indicated on the website when you completed your checkout and submitted your order, 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. For such products, the prices you pay are always based on the actual final weight of your products. If you are not satisfied with the final price and weight, you have the rights to remove the product from your order.

Without limiting the generality of the forgoing, Wanda disclaims any and all warranties and conditions – express or otherwise – for, nor shall Wanda be held responsible for the quality of, any merchandise displayed on the wanda.delivery website.

PROMOTIONS

If you redeem any coupon, Wanda Rewards points or gift cards, this will be reflected at checkout and is subject to validation and any redemption requirements. Manufacturers’ coupons and warranties are the responsibility of the individual manufactures. Coupons offered by the manufacturers may each have relevant information about the duration and limitations of the coupon.

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

We may also offer our customers the opportunity to participate in contests, sweepstakes or other promotions as decided by us. In each case, the promotion may have additional terms and conditions which apply in addition to these terms and conditions. Please review the terms and conditions associated with the particular promotion to determine your eligibility and any participation requirements.

INDEMNIFICATION

By accessing any of the Services, you agree to defend, indemnify and hold Wanda harmless from and against any and all loss, actions, claims, damages, costs and expenses, including legal fees and disbursements on a full indemnity basis, arising from or related to your use of this Site or any breach of this Agreement. This provision shall survive the termination of this Agreement and remain in full force and effect.

LIMITATION OF LIABILITY

By accessing any of the Services, you acknowledge, accept and agree that in no event shall Wanda be liable for any damages, including without limitation any and all direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost registrations, lost goodwill, or lost or stolen programs or other data, howsoever caused and under any theory of liability arising out of or in connection with (1) the use of the wanda.delivery site or the inability to use this site by any party; (2) any failure or performance, error, omission, interruption, defect, delay in operation or transmission; and/or (3) line or system failure or the introduction of a computer virus, or other technical sabotage, even if Wanda, its employees or representatives thereof, are advised of the possibility or likelihood of such damages, losses or expenses.

GENERAL TERMS

Wanda reserves the right to correct any inaccuracies or typographical errors in the information posted on the wanda.delivery website, and shall have no liability for such errors. Information may be changed or updated without notice and prices and availability of goods and services are subject to change without notice.

In the event that any provision(s) contained within these Terms of Use is/are held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the remainder of these Terms of Use, and these Terms of Use shall be construed and enforced as if the invalid or unenforceable term(s) or provision(s) had not been included in these Terms of Use.

Wanda’s failure to insist upon or enforce strict performance of any term(s) or provision(s) contained herein shall not be construed as a waiver of any term, provision, right or obligation.

These Terms of Use constitutes the entire agreement between Wanda and you and govern your use of the Services, superseding any prior agreements between Wanda and you (including, but not limited to, any prior versions of the Terms of Use).

IN-HOME DELIVERY

Delivery Personnel. The Wanda Delivery Service may permit you to enable in-home delivery of certain Wanda products at eligible addresses, as may be communicated by you to us from time to time.  At the time of registration, you must choose the location inside your residence where groceries should be deposited (your “Home”). If you place an order for in-home delivery of products via wanda.delivery (in-home delivery) delivery service, you are: (i) authorizing Wanda and/or Wanda employees (“Delivery Personnel”) to unlock your front door with the key provided by you, your concierge, or your building manager and enter your Home in the manner you designated at registration for the purpose of delivering your order, and (ii) confirming that you have the right to authorize Delivery Personnel to unlock your front door and enter your Home. Wanda reserves the right to decline to deliver your order in-home in its sole discretion.  

4.2 Delivery Personnel Access to Your Home.  You represent and warrant that your Home will be safe and free of any hazards.  To use the Wanda Delivery Service, you must disarm any alarm or other security service in your Home.  NEITHER WANDA NOR ANY OF ITS AFFILIATES (INCLUDING WANDA) ARE RESPONSIBLE FOR DISARMING OR SUBSEQUENTLY RESETTING ANY SUCH ALARM OR OTHER SERVICE, OR FOR YOUR FAILURE TO DO SO, OR FOR ANY LIABILITY ARISING FROM THE ALARM OR OTHER SECURITY SYSTEM NOT BEING ARMED IN YOUR HOME, HOWEVER CAUSED.   

4.3 Other Occupants. You represent and warrant that you will make other occupants within the Home aware that the Wanda Delivery Service will be performed and that Delivery Personnel are authorized to enter the Home. You are responsible for compliance with this Agreement by other occupants within the Home.  Delivery Personnel will not make deliveries if there is a minor present in the Home with no adult present.

4.4 Pets.  Delivery Personnel will not make deliveries if there are uncontained pets in the Home.

DAMAGES TO YOUR PROPERTY

Delivery Personnel are insured to provide you with peace of mind for each delivery. If your property was damaged as a direct result of the delivery, we will work with you to correct the problem. Contact customer service by email at [email protected] and we will work quickly towards a resolution. 

Information Provided by You; Recordings

Information Provided by You and Delivery Personnel. If you place an order for in-home delivery of products via wanda.delivery or a similar Wanda online property, the information that you provide in connection with such order will be subject to the Wanda Privacy Policy. The Wanda Delivery Software will collect image, video, or other types of recordings collected by cameras worn by our Delivery Personnel while on your property or in your Home  (“Delivery Data”). Delivery Data may be collected as follows: (i) when Delivery Personnel arrive at your Home to complete an in-home delivery, the Delivery Personnel will begin recording and then they will unlock your front door (ii) the camera is designed to record video footage of the Delivery Personnel’s path within your Home, for the duration of the delivery (i.e., recording will typically commence before the door is unlocked or the garage is opened and will typically stop when the door is locked and closed or the garage door is closed by the Delivery Personnel after the delivery), in accordance with Section 5.2 below. For Delivery Personnel safety and your safety, the Delivery Personnel will not stop the recorded video footage at any point during delivery.  You may view the Recordings of our Delivery Personnel taken by our Delivery Personnel’s camera by requesting your information from [email protected] 

5.2 The Wanda Delivery Software will be used to create Recordings of Delivery Data solely for use by Wanda. Wanda retains Recordings for 14 days after they are captured during the delivery window by Delivery Personnel.  After the fourteen day period, the Recordings are destroyed. Unless prohibited by law, Wanda will store, access and share Recordings only with its Affiliates to address special circumstances such as compliance obligations or to protect the safety, property, or rights of any party including Wanda.

5.3. Phone Notifications.  You may receive phone calls from a Wanda Delivery Personnel at the phone number listed in your Account. We only contact you regarding issues related to the delivery of your grocery order. You will also receive updates regarding your order via SMS text messaging. 

5.4 Email Notifications You may receive email notifications related to Wanda Delivery onboarding, your membership, and the delivery of your grocery order. 

5.5 Your Authorization. On behalf of yourself and the other occupants of the Home, you hereby authorize Wanda to create, collect, record, retain and destroy the Delivery Data, use and share the Delivery Data in accordance with the terms of Section 5.2 herein, and to contact you to provide the Wanda Delivery Service.  You also represent and warrant that you have the authority to grant the foregoing authorizations on your own behalf and on behalf of all occupants of the Home.  

Code of Conduct 

Due to the personalized nature of the Wanda Delivery Service, you may, from time to time, personally interact with a member of our Delivery Personnel on your property or in your Home. You must comply with, and ensure that all occupants of your delivery location comply with, the following code of conduct (“Code of Conduct”):

The purpose of this Code of Conduct is simple: to ensure the safety, comfort and enjoyment of all involved.  Accordingly, you agree that neither you nor any occupant of your Home shall: (i) physically harm, threaten to harm, or intentionally or recklessly cause harm to our Delivery Personnel, or create or fail to eliminate any condition that endangers the health or safety of our Delivery Personnel (e.g., unreasonable clutter, uncontained animals or other obstacles); (ii) make or attempt any sexual advance or statement to our Delivery Personnel; (iii) threaten, harass, stalk, intimidate, or engage in any other aggressive or bullying behaviour against our Delivery Personnel; (iv) use any vulgar or obscene language or otherwise engage in behaviour that is likely to make others feel uncomfortable, embarrassed or offended; (v) engage in any behaviour that discriminates against our Delivery Personnel because of the individual’s race, colour, sex, age, national origin, handicap, sexual orientation or religion; or (vi) request our Delivery Personnel to perform any tasks other than performing the Wanda Delivery Services described in this Agreement. Any violation of our Code of Conduct shall be deemed a material breach of these Terms of Use, and Wanda may suspend or terminate your Account and/or access and use of the Wanda Delivery Services.

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