Calgary Co-op Ecommerce Terms and Conditions

LAST UPDATED: SEPTEMBER, 2023 

 

In these Calgary Co-op Ecommerce Terms and Conditions:

 

“Account” means an Online account created by a Member or Joint Member in accordance with section 7 of the Calgary Co-op Membership Terms and Conditions (available at: https://info.calgarycoop.com/calgary-co-op-membership-terms-conditions) or an Online account created by an individual who is not a Member in accordance with section 1 of these Terms.

 

“Act” means the Cooperatives Act, SA 2001, c C-28.1, as amended.

 

“Bylaws” means Calgary Co-op’s Bylaws, as amended (available at: https://www.calgarycoop.com/wp-content/uploads/2023/07/2023-Bylaws-as-Amended-FINAL.pdf)

 

“Calgary Co-op”, “we”, “us”, and “our” means Calgary Co-operative Associated Limited.

 

“Calgary Co-op App” means the Calgary Co-op mobile application.

 

“Designated Household User” means an individual who (i) is over the age of 18; (ii) is not a Member; (iii) resides at the same address as a Member; and (iv) accepts an invitation from the Member with whom they reside to be a Designated Household User and creates a Verified Account in accordance with these Terms, and the Calgary Co-op Membership Terms and Conditions, the Calgary Co-op Rewards Program Participant Terms and Conditions, and the Calgary Co-op Mobile App Terms and Conditions (available at: https://info.calgarycoop.com/calgary-co-op-app-terms-conditions).

 

“Joint Member” means the holder of a joint membership as set out in section 3.02 of the Bylaws. In these Terms, a Joint Member does not include a Member-Owner that is a corporation, partnership, or business and does not include a Member-Owner that is a Calgary Co-op Commercial Fleet Card holder.

 

“Member” means an Individual or entity that is a registered Member-Owner of Calgary Co-op in accordance with the Bylaws, Calgary Co-op’s Articles of Incorporation (as amended), the Act, the Regulations, and the Calgary Co-op Membership Terms and Conditions, including a Joint Member. In these Terms, a Member does not include a Member-Owner that is a corporation, partnership, or business and does not include a Member-Owner that is a Calgary Co-op Commercial Fleet Card holder.

 

“Picked” means when our staff has picked and packed your order in preparation for delivery or pickup.

 

“Regulations” means the Cooperatives Regulation, Alta Reg 55/2002, as amended.

 

“Terms” means these Calgary Co-op Ecommerce Terms and Conditions, as amended.

 

“Verified Account” means an Account created by a Member or Joint Member that has been verified in accordance with section 7 of the Calgary Co-op Membership Terms and Conditions, or an online account with Calgary Co-op created by a Designated Household User in accordance with section 6 of the Calgary Co-op Mobile App Terms and Conditions.

 

“Websites” means calgarycoop.com, coopwinespiritsbeer.com, and coopcannabis.com, which are owned and operated by Calgary Co-op.

 

All other capitalized terms used in these Terms that are not otherwise defined shall have the meaning as set out in the Act, the Regulations, and/or the Bylaws.

 

These Terms, together with any documents or additional terms incorporated by reference, apply to the purchase of products or services by any person (“you” or “your”) from Calgary Co-op via the Websites, Calgary Co-op App, or any other platform we make available from time to time (collectively, “Online”).

 

The Websites and Calgary Co-op App are not targeted towards, nor intended for use by, anyone under the age of 15. If you are between the ages of 15 and the age of majority in your jurisdiction of residence, you may only make certain purchases Online and you may only do so only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are between the ages of 15 and the age of majority in your jurisdiction of residence, then you must review these Terms with your parent or guardian, and obtain consent from your parent or guardian to accept these Terms, including as they may be amended from time to time. For the purposes of these Terms, all references to “you” will include your parent or guardian on your behalf, as applicable.

 

Individuals under the age of majority in their jurisdiction of residence may not shop at Calgary Co-op’s Wine Spirits Beer stores or Calgary Co-op’s cannabis stores Online.

 

Placing an order Online constitutes your agreement to be bound by these Terms, as amended. If you do not agree with these Terms or any amendments, then you must not make any Online orders.

 

These Terms constitute a binding legal agreement between you and Calgary Co-op. You must read these Terms carefully before making any purchases Online. Calgary Co-op reserves the right to modify or amend these Terms without notice at any time. As such, it is important that you review these Terms on a regular basis so that you are aware of any such changes. You waive any right you may have to receive specific notice of such changes or modifications, and your placing an order Online following any such changes or modifications confirms your acceptance.

 

These Terms do not alter in any way the terms or conditions of any other agreement you may have with Calgary Co-op for other products or services, such as Calgary Co-op gift cards. To the extent that there is any conflict between these Terms and the Calgary Co-op Membership Terms and Conditions, the Membership Terms and Conditions will govern.

 

  1. 1. Placing an Order

To place an order Online, you must have or create an Account. You may complete the Account registration process at the time you place your first order Online. You do not need a Calgary Co-op membership or Verified Account to place an order Online.

Calgary Co-op cannot guarantee that all products you order Online will be available at the time of fulfillment. You understand that the Online catalogue does not constitute an offer to sell, but rather an invitation to place an order. Similarly, an order confirmation does not constitute an acceptance of an offer. The sales contract is constituted when your order is Picked and payment has been completed.

A minimum order value requirement may apply to Online orders. Where there is a minimum order value requirement, it will be specified Online at the time you place your order.

  1.  
  2. 2. Delivery

Calgary Co-op may charge a delivery fee for Online orders, which will be specified Online when you place your order. Order delivery is only available in limited areas, as indicated Online. Calgary Co-op reserves the right to change or modify the area(s) within which delivery is available without notice to you. Deliveries will only be made to a valid address, as determined by Calgary Co-op in its sole and absolute authority. When placing an order for delivery Online, you must specify a date and/or time for delivery, as applicable.

 

In order to receive your delivery, you must be present to accept delivery at the designated delivery address and must show government-issued photo identification to the driver. Your identification will be verified against the name on the order. If you are not present to receive your delivery, the driver will return the order to a Calgary Co-op retail location, and you will need to contact us to arrange for re-delivery. Additional fees may apply for re-delivery.

  1. 3. Pickup

Calgary Co-op may charge a convenience fee for pickup orders, which will be specified Online when you place your order. When placing an order for pickup Online, you must specify a Calgary Co-op retail location, date and/or time for pickup, as applicable. Pickup is only available at participating Calgary Co-op retail locations. Calgary Co-op reserves the right to change or modify the locations at which pickup is available without notice to you.

 

When your order is ready for pickup, you will be notified and provided instructions on where to pick up your order. Please adhere to your selected pickup time slot.

 

In order to pickup your order, you must bring government-issued photo identification. Your identification will be verified against the name on the order.

 

  1. 4. Changes and Substitutions

Calgary Co-op reserves the right to modify any order should products be unavailable. If a product you ordered is unavailable, Calgary Co-op will make an effort to contact you and obtain your approval for any substitutions. You have the right to reject any substitutions you do not accept. If Calgary Co-op is unable to contact you or does not contact you for any reason, we may cancel the unavailable products ordered in our sole discretion.

 

You may cancel or make changes to your order Online at any time before the order has been Picked. Once your order is Picked, the details of the order are final.

 

  1. 5. Returns

You may return products to any Calgary Co-op retail location along with your proof of purchase (i.e. your email receipt). Calgary Co-op reserves the right to reject any returns in its sole discretion. You will receive a credit in the amount you paid to the original form of payment for all accepted returns. However, if you paid for a returned product using CC Bonus Cash (as defined in the Calgary Co-op Rewards Program Participant Terms and Conditions), then you will receive a Calgary Co-op gift card or another form of tender for the value of the returned product, in Calgary Co-op’s sole discretion.

  1.  
  2. 6. Payment Terms and Options

To submit an order Online, you must provide a valid payment card number, security code, expiry date, as well as the name and address associated with the payment card (“Payment Card Information”). Payments can be made for Online orders with CC Bonus Cash or the following types of payment cards: VISA, Visa Debit, MasterCard, MasterCard Debit, prepaid VISA or MasterCard, or American Express. You confirm that you are the authorized user of the payment method you choose to use.

 

You can choose to associate a payment card with your Account or Verified Account (a “Stored Payment Method”). If you choose to associate a Stored Payment Method with your Account or Verified Account, the Payment Card Information that you provide will be stored Online for future purchases. Any Stored Payment Method that you provide for Mobile Payment (as defined in the Calgary Co-op Mobile App Terms and Conditions) will not be used in connection with Online orders unless you authorize us to do so.

 

You have a legal obligation to pay for any order that you submit Online. When you place an order Online, you authorize us to, and we will, place an authorization hold on your payment card or Stored Payment Method for 10% over the value of the order. When your order is Picked, you authorize us to, and we will, charge the actual price of your order to your payment card or Stored Payment Method and the authorization hold will be released. If you choose to pay for your order with CC Bonus Cash, you authorize us to, and we will, deduct the actual price of your order from the CC Bonus Cash balance in your Verified Account and the authorization hold will be released. If the actual price of your order is greater than the CC Bonus Cash balance in your Verified Account, you authorize us to, and we will, deduct the total amount of the CC Bonus Cash balance in your Verified Account from the price and charge the remaining amount payable to your payment card and the authorization hold will be released. Your financial institution may charge you a service charge or other bank fees.

 

The actual price of your order may differ from the estimated price of your order when the order was placed due to, for example, product unavailability and/or substitutions, and promotional sale prices and coupons that may vary between the time you place your order and when you choose to receive it, and due to products that are sold by weight or cut.

 

All orders submitted Online are subject to verification at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to us): (i) for the purposes of verifying the legitimacy of an Online order and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an Online order in accordance with our interpretation of these Terms, and any other terms incorporated by reference.

 

If your payment is refused by Calgary Co-op, the acquirer, issuer, or financial institution, Calgary Co-op reserves the right to cancel your order without notice and with no further liability or obligation in respect of the order. Calgary Co-op reserves the right to stop accepting payment cards from one or more issuers at any time.

  1.  
  2. 7. Prices, Discounts, Promotions, Coupons and Taxes

All prices provided Online are in Canadian dollars, unless otherwise noted. Prices, discounts, promotions and coupons may vary between our retail stores and Online. When an order is placed Online, the prices for products and services on the date the order is placed will be applied. Any CC Bonus Cash offers, coupons, or other promotions will be assessed and applied on the date the order is Picked. We will calculate any CC Bonus Cash earned when the order is Picked.

 

Online prices for products sold by weight or cut are estimates only. While we make an effort to provide weighted items as close to the ordered amount as possible, the actual price may differ from the time you place your order. At the time your order is Picked, the actual price will be charged and will appear on your receipt.

 

Coupons and discounts may not exceed the total cost of your order. Coupons are subject to additional terms listed on the coupon including, without limitation, expiration dates. Certain goods may be excluded from coupons, in accordance with applicable law. Calgary Co-op reserves the right to refuse to honour coupons, promotions, or discounts if it believes, in its sole and reasonable discretion, that the person using them has abused or refused to comply with applicable terms and conditions, made a false statement or committed fraud. Calgary Co-op reserves the right to suspend, modify or terminate any coupons, promotions, or rewards programs without prior notice if, in its sole discretion, it determines that coupons, promotions, or rewards program documents are impaired or corrupted or if any program is deemed illegal. Any Prizes (as defined in the Calgary Co-op Contest Rules, available at: https://info.calgarycoop.com/calgary-co-op-app-contest-rules won cannot be redeemed Online.

 

Applicable taxes and deposits will be estimated when you place your order and the actual figures will be calculated based on the price of your order at the time of final payment.

 

  1. 8. Security and Privacy

Calgary Co-op relies on the information you provide to us in order to fulfill your Online orders. You agree that: (i) all information you provide to us, including your name, address, billing address, delivery address, and Payment Card Information in connection with the Websites, Calgary Co-op App, and/or any other online platforms made available to you by Calgary Co-op (collectively, the “Online Platforms”) will be current, accurate and complete; (ii) you are responsible for and are required to immediately notify Calgary Co-op of any changes to any information you provide to us in connection with the Online Platforms; and (iii) you are solely responsible for any loss, damage, costs or claims that you, we or any other person may suffer or incur as a result of your failure to provide current, accurate and complete information. Calgary Co‑op shall have no liability for any interruption or delay in mail delivery or electronic communication.

 

By making Online purchases, you acknowledge that you have reviewed and understand our Privacy Policy (available at: https://www.calgarycoop.com/privacy-policy/), and consent to the practices described in that policy.

 

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

 

The safety and security of your information also depends on you. You are responsible for maintaining the confidentiality of any password and username that you are given or select and your membership number, and you are responsible for all activities that occur under your Account or Verified Account. You agree to immediately notify Calgary Co-op of any unauthorized use of your password, username, or membership number, or any other breach of security. Calgary Co-op reserves the right to suspend or terminate your Account or Verified Account in our sole discretion for any or no reason, including for non-compliance with these Terms.

 

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted via the Online Platforms. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Online Platforms.

 

  1. 9. Representations and Warranties

Calgary Co-op makes no representations or warranties, either express or implied, that the quality of the products or services obtained Online will meet your expectations or will be fit for a particular purpose or that the information provided Online is appropriate to meet your needs. Product descriptions and information are drawn from information provided by product suppliers who are ultimately solely responsible for these statements.

 

  1. 10. Exclusions and Limitations of Liability

Subject to applicable law, Calgary Co-op: (i) reserves the right to change the products and services advertised Online, the prices or specifications of such products and services, and any promotional offers at any time and from time to time without any notice or liability to you or any other person; (ii) cannot guarantee that products and services advertised Online will be available when ordered or thereafter; (iii) reserves the right to limit quantities sold or made available for sale; (iv) does not warrant that its Websites, Calgary Co-op App or any materials that appear on those platforms are accurate, complete, reliable, current or error-free; (v) reserves the right to cancel, to terminate or not to process orders (including confirmed orders) where the price or other material information presented Online is inaccurate; and (vi) reserves the right to cancel an order if there is not enough inventory of an item to complete your order (or if an item is no longer available). If we do not process an order for such reason(s), we will advise you that the order has been cancelled and will not charge you for the order and the authorization hold for the order will be released.

 

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE PLATFORMS, THEIR CONTENT, AND ANY PRODUCTS AND/OR SERVICES OBTAINED THROUGH THE ONLINE PLATFORMS ARE AT YOUR OWN RISK. THE ONLINE PLATFORMS, THEIR CONTENT, AND ANY PRODUCTS AND/OR SERVICES OBTAINED THROUGH THE ONLINE PLATFORMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

CALGARY CO-OP DOES NOT MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE ONLINE PLATFORMS OR THEIR CONTENTS. WITHOUT LIMITING THE FOREGOING, CALGARY CO-OP DOES NOT REPRESENT OR WARRANT THAT THE ONLINE PLATFORMS, THEIR CONTENT, OR ANY SERVICES OBTAINED THROUGH THE ONLINE PLATFORMS WILL BE ACCURATE, RELIABLE, ERROR-FREE, NON-INFRINGING OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE PLATFORMS OR THE FUNCTIONS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, THERE IS NO WARRANTY THAT THE ONLINE PLATFORMS WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR ENTITY OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. NO INFORMATION MADE AVAILABLE BY OR ON BEHALF OF CALGARY CO-OP THROUGH THE ONLINE PLATFORMS, OR IN RELATION TO THE ONLINE PLATFORMS SHALL CREATE ANY WARRANTY OR CONDITION.

 

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL CALGARY CO-OP OR ANY OF THE RELEASED PARTIES (DEFINED BELOW) BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, INTELLECTUAL PROPERTY INFRINGEMENT, OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, ANY ADDITIONAL TERMS INCORPORATED BY REFERENCE, OR YOUR ACCESS, USE, INABILITY TO USE, OR RELIANCE ON, THE ONLINE PLATFORMS, THE CONTENT, MATERIALS, OR INFORMATION ON THE ONLINE PLATFORMS, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES AND ANY CONTENT, MATERIALS, OR INFORMATION THEREON, OR YOUR PURCHASES OF GOODS OR SERVICES ONLINE, HOWEVER CAUSED, WHETHER BY NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, BREACH OF CONTRACT, FUNDAMENTAL BREACH, BREACH OF PRIVACY, STRICT LIABILITY OR OTHERWISE, EVEN IF CALGARY CO-OP OR ANY OF THE RELEASED PARTIES WAS ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CALGARY CO-OP AND THE RELEASED PARTIES WILL NOT BE LIABLE FOR

 

  1. a. ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR VERIFIED ACCOUNT;

  2. b. ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PAYMENT CARD INFORMATION OR STORED PAYMENT METHOD;

  3. c. ANY UNAUTHORIZED ACCESS TO OR USE OF A MEMBER’S MEMBERSHIP NUMBER OR MEMBERSHIP BENEFITS;

  4. d. ANY ACCESS TO OR USE OF A MEMBER’S MEMBERSHIP NUMBER, MEMBERSHIP CARD, ACCOUNT, VERIFIED ACCOUNT, OR MEMBERSHIP BENEFITS BY A JOINT MEMBER OR DESIGNATED HOUSEHOLD USER;

  5. e. THE UNAVAILABILITY OR SUBSTITUTION OF ANY PRODUCTS;

  6. f. THE UNAVAILABILITY OF DELIVERY OR PICKUP AT ANY LOCATION;

  7. g. ANY LOSS OR THEFT OF BENEFITS OFFERED ONLINE OR THROUGH THE ONLINE PLATFORMS;

  8. h. THE CANCELLATION, SUSPENSION OR MODIFICATION OF ANY BENEFIT OFFERED ONLINE OR THROUGH THE ONLINE PLATFORMS; AND

  9. i. ANY ERRORS OR OMISSIONS ON THE ONLINE PLATFORMS, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN THE CREATION OF AN ACCOUNT OR VERIFIED ACCOUNT.
  1.  
  2. 11. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Calgary Co-op, its respective subsidiaries, affiliates, related entities, suppliers, distributors, advertising agencies, and licensors, and each of their officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns (collectively the “Released Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, fines, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to (i) your (or anyone acting under your username or password) breach of these Terms and/or any other terms incorporated by reference; (ii) your (or anyone acting under your username or password) use or misuse of the Online Platforms; (iii) your (or anyone acting under your username or password) failure to comply with any applicable laws or regulations in connection with the Online Platforms and any other services connected therewith and any orders you submit Online; (iv) your (or anyone acting under your username or password) negligence, willful misconduct, or violations of the intellectual property rights or other rights of a third party in connection with the Online Platforms; or (v) your conduct in connection with the Online Platforms and any orders you submit Online.

 

Each Member is responsible for all activity on their Verified Account, and for the use of any membership benefits offered through the Online Platforms, including the use of membership benefits by a Designated Household User or a Joint Member. To the maximum extent permitted by applicable law, each Member agrees to defend, indemnify, and hold harmless Calgary Co-op and the Released Parties from and against any claims, liabilities, damages, judgments, awards, losses, fines costs, expenses, or fees (including reasonable legal fees) arising out of or relating to (i) the Member’s Designated Household User and/or Joint Member’s breach of these Terms and/or any other terms incorporated by reference; (ii) the Member’s Designated Household User and/or Joint Member’s use or misuse of the Online Platforms; (iii) the Member’s Designated Household User and/or Joint Member’s failure to comply with any applicable laws or regulations in connection with the Online Platforms and any other services connected therewith and any orders they submit Online; (iv) the Member’s Designated Household User and/or Joint Member’s negligence, willful misconduct, or violations of the intellectual property rights or other rights of a third party in connection with the Online Platforms; or (v) the Member’s Designated Household User and/or Joint Member’s conduct in connection with the Online Platforms and any orders they submit Online.

 

  1. 12. General

These Terms are governed by the laws of the province of Alberta and the federal laws of Canada applicable in Alberta, without reference to conflict of laws provisions.

 

You agree that the sole and exclusive forum and remedy for any and all disputes and claims relating to these Terms that cannot be resolved informally shall be final and binding arbitration. The arbitration shall be held in Calgary, Alberta and the arbitration will be held in English. There shall be one arbitrator agreed to by you and us. You and us shall equally share the arbitrator and facility fees, and you will bear your own legal costs and expenses of the arbitration.

 

Calgary Co-op reserves the right to seek all remedies available at law and in equity for violations of these Terms. Any waiver by Calgary Co‑op of your strict observance, performance or compliance of any portion of these Terms and any extension of time or other indulgence granted by Calgary Co‑op, either expressly or by course of conduct, shall not alter, affect or prejudice any of Calgary Co‑op's rights or remedies and shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any of Calgary Co‑op's rights and remedies arising in respect of any other breach of these Terms. 

 

No delay or omission by Calgary Co‑op in exercising any right or remedy hereunder shall operate as a waiver of that or any other right or remedy. 

 

Words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires, and the word “including” means “including but not limited to”.

 

Each of the provisions contained in these Terms is distinct and severable and a declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction will not affect the validity or enforceability of any other provision of these Terms.

 

The terms of this Section 12 will survive termination of these Terms.

 

  1. 14. Contact Information

If you have any questions about these Terms, you may contact us via email at memberengagement@calgarycoop.com.