Welcome to Loblaw Marketplace

This Ship With Loblaw Policy is intended to support and guide your use of preferred service arrangements with Preferred Couriers. Please note:

• This Policy is one of the Program Policies defined in the Agreement. It is incorporated by reference into the Agreement and is binding as part of the Agreement.
• Unless a term is specifically defined below, please check Section 35 – Definitions of the Agreement for its meaning.
• Solely to the extent of any conflict, the terms and conditions applicable to customers on any Site will prevail over this Policy.

1. General Terms

If we, in our sole discretion, determine that you are eligible to participate in our preferred service arrangements with Preferred Couriers (the “Ship With Loblaw Program”), and you take such steps as we indicate as are necessary to enroll, the following will apply:

a) Your Responsibility

You are responsible for handling, packaging, scheduling pick-up and other steps required for the fulfillment and shipment of Your Products using the Preferred Couriers.

b) Exclusivity and Usage

To the extent that Your Products can be shipped by Preferred Couriers, you must ship all of Your Products which are capable of being shipped using the Preferred Couriers. You must not use the Ship with Loblaw Program for any purpose other than shipping Your Products sold through the Sites to customers. The Ship with Loblaw Program cannot be used for returns of Your Products from customers to you. The Ship With Loblaw Program applies only to shipment of Your Products originating from and shipped to destinations within Canada.

c) Choice of Preferred Courier

We may, in our sole discretion, determine which Preferred Couriers will be used to deliver Your Products on a per-shipment basis, with a view to ensuring a positive customer experience.

d) Application of Preferred Courier Service Terms to You

The current location of the service terms applicable to the services of Preferred Couriers can be accessed via the links set out in Schedule A. Preferred Couriers may also require you to abide by additional service specific terms applicable to a particular service or software portal. All Preferred Courier service terms, as may be amended or updated from time to time by the Preferred Couriers apply to you. You agree to abide by those service terms and we will have no liability whatsoever in connection with your use of the Preferred Couriers. Under no circumstances will we be liable or responsible for you, or any of your acts or omissions, under such service terms, nor will we guarantee or undertake any of your obligations as a result of such service terms. You release and agree to indemnify, defend, and hold harmless us, our Affiliates, and our and their respective officers, directors, employees, representatives, and agents against any Claim arising from or related to your actual or alleged breach of any Preferred Courier’s service terms. In the event of any conflict between this Policy and a Preferred Courier’s service terms, this Policy will prevail.

e) Dispute Resolution

Without limiting your obligations, we may, in our sole discretion, take any steps we deem appropriate to resolve any disputes between you and a Preferred Courier. In such event, you will promptly provide any information that we may require for such purposes.

f) Discontinuation

We reserve the right to discontinue the Ship With Loblaw Program and/or any Preferred Courier’s participation in the Ship With Loblaw Program, at any time, in our sole discretion.

2. Fees and Payment

a) Ship With Loblaw Fees

We will provide price sheets for the Ship With Loblaw Program from time to time (the “Ship With Loblaw Fees”), and may amend such price sheets upon notice.

b) Payment Administration

We will deduct the Ship With Loblaw Fees with respect to Your Transactions from the Sales Proceeds otherwise payable to you, or collect such fees by any other means permitted by the Agreement.

SCHEDULE A

Preferred Courier Service Terms

• Canada Post - Parcel Services Customer Guide: canadapost.ca/postalservices
• United Parcel Service Canada Ltd. – Terms and Conditions of Service: https://www.ups.com/ca/en/help-center/legal-terms-conditions/tariff.page?
• United Parcel Service Canada Ltd. – Service Guide: https://www.ups.com/ca/en/shipping/zones-and-rates/download.page