Terms And Conditions For Use Of This Site


The Mobile Shop™, a division of Loblaws Inc., is pleased to provide this web site for your personal use. However, by using this site, you agree to the terms and conditions provided below.  If you do not agree with these terms and conditions, you may not access or use this site. These terms and conditions are in addition to any other agreement you may have with The Mobile Shop, including a transaction agreement.

The Mobile Shop may modify these terms and conditions at any time and without notice.

Use of Site and Site Material

Except as expressly stated therein, this site is provided for your personal noncommercial use and you may not copy material from this site for commercial use. You may copy material in limited quantities from this site for your personal noncommercial use provided that our copyrights notice is affixed to the copied material. The Mobile Shop reserves the right to restrict your use of this site at any time, which may include terminating your permission to make personal copies of material from this site.

You are prohibited from using this site to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage unlawful conduct. The Mobile Shop may from time to time monitor or review material transmitted or posted using this site and reserves the right to delete any material The Mobile Shop deems inappropriate. The Mobile Shop is under no obligation to do so and assumes no responsibility or liability arising from any material transmitted or posted using this site.
 
Disclaimer

Your use of this site and material from this site is at your own risk.

The Mobile Shop strives to provide accurate and up-to-date material on this site. However, The Mobile Shop makes no warranties or representations as to the accuracy, completeness or currency of the material provided on this site including product or service information. If a product offered by The Mobile Shop is not as described, your sole remedy is to return it in accordance with the Return Policy posted on this site or any other applicable return policy. Price and availability information is subject to change without notice. Nothing in this site shall modify any contract for products or services you may have with The Mobile Shop, Loblaws Inc., its affiliates suppliers, or contractors of products and services. The Mobile Shop assumes no liability or responsibility for any errors or omissions on this site.

Neither The Mobile Shop, its affiliates, suppliers, contractors, any of its agents, nor any other party involved in creating, producing, or delivering this site is liable for any damages whatsoever arising out of your access to, or use of, this site or any material from this site. Without limiting the foregoing, this site and the material provided on this site 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.

The Mobile Shop assumes no liability or responsibility for any damage to you, your computer, or your other property, due to your access to, use of, or downloading of this site or any materials provided on this site.

Links

The Mobile Shop has not reviewed any or all of the third-party sites that may be linked to this site, including Pop Up Retail Inc. and is not responsible for any sites linked to this site. Your linking to any sites from this site is at your own risk. By linking to a site or permitting a link to this site, The Mobile Shop does not endorse the site operator or the content of the linked site.

Idea Submission/Use of Information

The Mobile Shop does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. Should you ignore this policy and submit an idea to The Mobile Shop, you agree that the idea becomes and remains the sole and exclusive property of The Mobile Shop without further liability or compensation to you.

If you respond to The Mobile Shop with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall not be deemed confidential. All such submissions shall be deemed the property of The Mobile Shop, and your submission of information shall constitute an assignment to The Mobile Shop of all worldwide rights, titles, and interests in such information. The Mobile Shop will not be liable for any use or disclosure of such information. The Mobile Shop will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. The Mobile Shop will be free to use any ideas, concept, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.

The Mobile Shop welcomes your comments and suggestions on this site and products, but The Mobile Shop does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. By submitting information, you warrant that The Mobile Shop may publish such information, use it as part of its operations, and incorporate its concepts in The Mobile Shop products without liability or compensation to you.

Consent and Personal Information

The Mobile Shop collects, uses and discloses personal information in accordance with its Privacy Policy posted on this site.  By accepting these terms and conditions, you consent to the collection, use and disclosure of your personal information by The Mobile Shop in accordance with its Privacy Policy.

Indemnification and Limitation of Liability

You agree to defend, indemnify and hold The Mobile Shop, Loblaw Companies Limited and its subsidiaries, affiliates and related companies, as well as suppliers, contractors and agents harmless from and against any and all claims, liabilities, costs and expenses, including reasonable legal fees related to any violation of these terms and conditions by you, or in connection with your use of the site or with the placement or transmission of any message or information on the site by you.

Notwithstanding any other provision of these terms and conditions, in no event will The Mobile Shop, Loblaw Companies Limited, our subsidiaries, affiliates, suppliers, nor each of their respective directors, officers, agents, employees, contractors and consultants (collectively, in this section, "we" or "us") be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages or losses whatsoever, including damages for loss of profits, goodwill, opportunity, earnings, use or data, arising directly or indirectly from or related to these terms and conditions or the use, or non-use of the site, regardless of the cause of action and even if one or more of us have been advised of the possibility of such damages or losses.

Applicable Law

You agree that the laws of the Province of Ontario, Canada govern any use of this site, without regard to rules relating to conflict of laws, including with regard to any dispute arising out of your use of this site or material from this site. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The courts of the Province of Ontario shall have exclusive jurisdiction over all claims.

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.

This is the entire agreement between the parties relating to the subject matter.

Trademarks & Ownership of Intellectual Property

This web site contains many of the valuable trademarks, names, package designs, copyrights and other proprietary material owned and used by Loblaws Inc. and/or its affiliated companies including but not limited to The Mobile Shop™, President's Choice® and PC® (the "Trademarks").

The Trademarks on this web site 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.

Legal

®/™/MDPC, President's Choice, The Mobile Shop and PC Plus are trademarks of Loblaws Inc.

Pricing and offers are subject to change without notice; cannot be combined with other offers unless otherwise specified.  Pricing and availability may vary. Taxes and added features extra.

We reserve the right to limit quantities available for sale or sold.  

1 Gift cards are President’s Choice® gift cards, which can be redeemed for groceries and other products, at participating stores where President’s Choice® products are sold. Gift cards received from The Mobile Shop as part of an offer may be redeemed at The Mobile Shop prior to completion of the transaction; subject to the foregoing, President’s Choice® gift cards are not redeemable at The Mobile Shop locations. Unused gift card must accompany all returns.

2 Minimum redemption is 20,000 PC points (worth $20 in free rewards) and in increments of 10,000 PC points thereafter.  PC points are not redeemable against the purchase of tobacco, lottery tickets, alcohol, prescription medication, milk in Quebec, or any products or services prohibited by law or as we determine from time to time. Visit www.pcpoints.ca for complete details on the PC points program. PC points program is provided by President’s Choice Services Inc.

4 PC Plus program is provided by President’s Choice Services Inc.

Return Policy

Device Return Policy: We want to be sure you are completely satisfied, that is why all our devices come with The Mobile Shop Satisfaction Promise. This allows you to try your new device for up to 14 days, and if you are not 100% satisfied with your purchase you can bring it back for a full refund. All returns are subject to the terms of the carrier Service Agreement and subject to carrier approval. The product must be returned in  like new  condition, to the same location where it was originally purchased, in its original packaging, including all accessories, manuals, promotional material and all bonus/promotional items (gift cards, coupons, etc.) within 14 days from the date of activation with less than 30 minutes of airtime and less than 50Mb of data used.   Unfortunately incomplete returns will not be accepted. Original proof of purchase and sales receipt are required.  The original valid debit or credit card is required to process a refund.  Cash refunds are not available.

Accessory Return Policy: Accessories purchased from The Mobile Shop may be returned within 14 days of purchase for a full refund. Products must be returned to the original point of purchase, in their original condition, with all original packaging and components intact, along with the original store sales receipt as proof of purchase. For health and safety reasons all ear buds and headsets sales are final.

Stay Mobile Care Plan Return Policy: As part of The Mobile Shop Satisfaction Promise if you change your mind and decide you do not want to take advantage of the Stay Mobile Care Plan, you can return your purchase within 15 days from the date of purchase for a full refund.  You must not have made any claim under the Stay Mobile Care Plan.  The return must be done at the original point of purchase and the original sales receipt is required as proof of purchase.

PC® mobile Return Policy: If you are not satisfied with your PC mobile phone within 14 days of purchasing it, you may return the phone for a full refund of its purchase price only. Any usage charges prior to return, such as airtime, long distance, additional services, etc., are not refundable. The phone must be returned to its original point of purchase, in its original condition, with all original packaging and components intact, along with the original store sales receipt as proof of purchase.


The Mobile ShopTM Stay MobileTM Care Plan

The “Stay Mobile Care Plan” is a set of additional support services to customers experiencing technical problems with their phones as well as a limited extension of the original manufacturer’s coverage on voice phone, smartphone or other wireless devices purchased through The Mobile Shop (the “Plan”). The Plan is in effect for a period of 12 months (the “Extended Period”) commencing on the expiry date of the original manufacturer’s coverage. Other than as expressly set out herein, The Mobile Shop makes no other representation, warranty, guarantee or promise that any item purchased from The Mobile Shop is fit for any particular purpose or free from defect.

In addition to the terms and conditions contained in the original manufacturer’s coverage, all of which are incorporated herein by reference, you (hereinafter, “you” or “customer”) agree that the Plan is subject to the following terms and conditions:

1) The Plan covers the repair or replacement of a covered product when such repair or replacement is due to defects in materials and workmanship under normal use of the covered product or parts thereof during the Extended Period.

2) During the Extended Period, the fees charged by The Mobile Shop for the temporary use of loaned Courtesy Equipment, under The Mobile Shop’s “Stay Mobile Repair & Courtesy Phone Program” shall be waived (except any charges by the carrier for phone services which are expressly excluded). All other terms and conditions of the “Stay Mobile Repair & Courtesy Phone Program” shall apply. There is no representation or guarantee that the Courtesy Equipment provided will be similar to or offer features or characteristics equivalent to those available on your Device. In particular, certain features that are subscribed to may not be compatible with the Courtesy Equipment.

3) Provided that no claims for repair or replacement are made under the Plan during the Extended Period, upon presentation of the original proof of purchase for the Plan the purchase price paid for the Plan may be applied as a one-time only The Mobile Shop in-store credit (“Credit”) towards (i) the purchase of any accessories, provided that such purchase is made within six (6) months of the expiry of the Extended Period, or (ii) applied towards the price of a Plan for a new phone or device purchase within six (6) months of the expiry of the Extended Period. If the Credit is applied in (ii) above, it may not be applied again to the price of any subsequent Plan.

4) The Plan does not cover damage due to exposure to moisture, accident, misuse, abuse, neglect or physical damage beyond normal wear and tear, cosmetic damage to the covered product including but not limited to scratches, dents and broken plastic on ports or unauthorized modifications. Any interference or damage to the IMEI labels will render coverage under this Plan null and void.

5) The Mobile Shop’s obligation under the Plan shall be limited to the repair or replacement of the covered product, and be limited to a maximum of the cost of repair or replacement of the product.

6) The Mobile Shop reserves the right to replace the product, or, subject to the product’s availability at the time of service and/or the availability of products with comparable features, offer the customer a comparable device. A comparable product may consist of a product that has been refurbished to factory standards.

7) If The Mobile Shop determines that any product or any repair or replacement completed is not covered by the Plan, the customer shall be responsible for all costs incurred including without limitation, the cost of all parts, shipping and labour charges for the repair, return, or replacement of the product. Upon receipt of the replacement product or part, all personal information shall be deleted, and the original product or part becomes the property of The Mobile Shop.

8) To the maximum extent permitted by applicable law, The Mobile Shop, Loblaws Inc., and its directors, officers, affiliates, employees, suppliers, subcontractors, and agents are not liable to any customer, purchaser, subsequent owner, or any other person and customer hereby releases The Mobile Shop, Loblaws Inc., and its directors, officers, affiliates, employees, suppliers, subcontractors, and agents from any liability, loss, harm, damages, cost or expense caused by the repair, attempt to repair, or replacement of the product hereunder, including but not limited to any indirect or consequential damages such as the costs of recovering, data or the failure to maintain the confidentiality of data, any loss of business, profits, revenue or anticipated savings, resulting from The Mobile Shop’s obligations under the Plan. The Mobile Shop does not warrant that

(i) it will be able to repair or replace covered equipment without risk to or loss of applications or data,

(ii) it will maintain the confidentiality of data, or

(iii) that the operation of any product will be uninterrupted or error-free.

9) Customer shall be responsible for removing and retaining any confidential, proprietary or personal information, and back up the contents of the product before services are performed. It is possible that the contents of any hard drive or data storage component will be lost or reformatted in the course of service and The Mobile Shop, Loblaws Inc., and its directors, officers, affiliates, employees, suppliers, subcontractors, and agents will not be responsible for any damage to or loss of any programs, firmware, data, or other information stored on any media or any part of any product serviced.

10) The Mobile Shop may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to Customer in doing so.

11) The Mobile Shop is not responsible for any failures or delays in performing under the Plan that are due to events beyond The Mobile Shop’s reasonable control.

12) In carrying out its obligations The Mobile Shop may, at its discretion and solely for the purposes of monitoring quality and for accuracy assurance purposes, record part or all of the calls between the customer and The Mobile Shop or between any person communicating with The Mobile Shop in respect of the Plan.

13) You agree that any information or data disclosed to The Mobile Shop under the Plan may be collected and used by The Mobile Shop in providing services under the Plan, and may be transferred to affiliated companies or other service providers for that purpose. The Mobile Shop Privacy Policy will apply to the Plan, the details of which are accessible at http://mobileshopadvisor.com/Privacy_Statement. html

14) The Plan is administered on behalf of Loblaws Inc. by Plus Consulting Inc. In the event of a claim or inquiry under the Plan visit any of The Mobile Shop kiosks and speak to a Mobile Advisor.

15) The Plan will be governed by the laws of the province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.

16) The Mobile Shop reserves the right to change the terms and conditions contained herein.

17) The parties have expressly required that these Terms and all documents or notices relating thereto be drafted in the English language. Les présentes modalités et tous les documents ou avis qui s’y rattachent ont été rédigés en anglais à la demande expresse des parties.

 

Price Match Guarantee

The Mobile Shop will match any authorized dealer’s advertised price on any wireless handset (identical manufacturer, model, colour, memory, etc) advertised on the same contract terms by the same telecommunications service provider (as applicable) ("Product").  To receive a Price Match Guarantee, you must provide a copy of the authorized dealer’s current advertisement (online, in-store or print) of the Product.  Our Mobile Advisor will verify that the Product is in stock, is new and factory sealed, subject to a manufacturer's warranty applicable in Canada and available for immediate sale at the competitor’s advertised price.  The price must be valid and in Canadian dollars on the day of the Price Match Guarantee request. Limited to one Price Match Guarantee per customer.

The Price Match Guarantee does not apply to bundled items, free items, advertising or pricing errors, misprints, original equipment manufacturer (OEM) products, after-rebate prices, mail-in offers, offers including financing, out of stock, items offered below The Mobile Shop’s actual cost, limited quantity items, discontinued, liquidation, close-out or clearance items, open-box items, used/refurbished items, out-of-country dealers, corporate prices and bulk or wholesale prices.   The authorized dealer must be located in Canada and the advertisement must be in effect in the same geographic area.  We will honor this Price Match Guarantee provided that the authorized dealer’s print advertisement shows a lower price that is current and valid on the day you make your Price Match Guarantee request.

In the event a dealer’s advertised promotion includes gift cards, our Price Match Guarantee applies total the total value of the promotion; i.e. price and gift card value.  We will match gift card offers with PC points.  10,000 PC points = $10 value   

Example #1

The Mobile Shop: Product X sells for $75 + 25,000 PC points
Competitor A: Product X sells for $50 + $25 gift card
Price Match Guarantee: The Mobile Shop will match $50 + 25,000 PC points

Example #2

The Mobile Shop: Product X sells for $75 + 25,000 PC points 
Competitor B: Product X sells for $75 + $50 gift card
Price Match Guarantee: The Mobile Shop will match $75 + 50,000 PC points

Example #3

The Mobile Shop: Product X sells for $20 + 100,000 PC points
Competitor C: Product X sells for $0 + $50 gift card
Price Match Guarantee: The Mobile Shop will only price match when the total value of the competitor’s offer is better than at The Mobile Shop.  In this example, The Mobile Shop’s total value is $80 ($100 in PC points – less the $20 price) vs. the competitor’s total value of $50 ($50 gift card - $0 price).  As such, The Mobile Shop will not price match.

The Mobile Shop Trade-In Program Terms

The Mobile Shop Trade-In Program ("Program") is available to new and existing customers of Loblaws Inc. d/b/a The Mobile Shop who purchase or upgrade to any new device and activate on select monthly plans. By participating in the Program you agree to these terms ("Terms"). The Mobile Shop is facilitating the collection of your device ("Device") and receiving it on behalf of a third party company, ReCommerce, LLC, a Georgia limited liability company d/b/a Phobio.

Eligibility: You must be the sole and rightful owner of the Device being traded in, free and clear of any liens or claims by third parties. A Device includes any mobile phone. We accept one trade in per activation or upgrade.

Trade-In Value, In-Store Credit: The trade-in value of a Device is based upon the condition of your Device.The trade-in value is redeemable only as in-store credit (“In-Store Credit”) at The Mobile Shop location where you request the trade-in and may only be applied to purchase transactions occurring on the same day as the trade-in. The trade-in value of the Device is determined using a third party tool provided by Phobio. The full amount of the In-Store Credit must be immediately redeemed at time of purchase of a new device and activation or can be used toward the purchase accessories at The Mobile Shop. In-Store Credit is non-transferable, non-negotiable. No cash value, no cash refund. Any unused or remaining In-Store Credit is forfeited.

All Trade-Ins Final. All trade-ins under the Program are final. The Mobile Shop is under no obligation to return any Device traded-in by you under the Program. If you return your newly purchased device, your Device will not be returned to you. You may be permitted to use the value of the In-Store Credit towards a different new device, and any remaining credit can be used towards accessories. No cash refunds.

Your Responsibilities: The Mobile Shop recommends that you erase, delete or remove any and all personal or confidential data or information stored on the Device prior to participation in the Program. You are responsible for deactivating your device and for removing your old SIM card and memory card from your device.

Limitation of Liability. THE MOBILE SHOP SHALL NOT BE LIABLE TO YOU OR ANY OTHER INDIVIDUAL OR ENTITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF OR IN CONNECTION WITH THE LOSS, DISCLOSURE, SECURITY, INTEGRITY, CONFIDENTIALITY OR USE OF PERSONAL OR CONFIDENTIAL DATA STORED ON ANY DEVICE TRADED-IN UNDER THE PROGRAM.

Indemnification. By participating in the Program, you expressly agree to hold harmless and indemnify The Mobile Shop and its affiliates and their officers, directors, employees, contractors, agents, successors and assigns, from and against any and all claims, damages, liabilities, losses, costs, expenses, and fees arising out of: (1) your breach of this Agreement, including, but not limited to, the representations and warranties contained herein; (2) any suit or other proceeding for infringement or misappropriation of any copyright, trade secret or other proprietary right brought against The Mobile Shop in connection with your Device you trade-in under the Program; and (3) the loss, disclosure, security, integrity, confidentiality or use of any personal or confidential information stored on a Device you trade-in under the Program.

General: These Terms are subject to amendment, modification by The Mobile Shop. You agree that this agreement shall be written in the English language. Les parties aux presents conviennent a ce que ce document soit redige dans la langue anglaise.