SmartShop Terms & Conditions

Sainsbury's SmartShop is available in selected stores only. Use of it and use of the Wi-fi Service available in Sainsbury's stores is subject to these Terms and Conditions.

• By downloading the App and registering you'll be able to use your Smart phone to scan your shopping at selected Sainsbury's. You'll automatically be able to use SmartShop handsets in-store.
• We're trialling a new SmartShop (with mobile pay) Service at selected stores.
• We're trialling a new SmartShop Hybrid Service at selected stores
• SmartShop in-store handsets can also be used without downloading the App. Simply register using the tablet attached to the SmartShop wall in- store.

1.2 SmartShop is available only to UK based Nectar card holders aged 18 and above who have an Apple or Android Smart phone with internet access. The latest mobile operating system is recommended for best use. You may need to upgrade the operating system on your device if we change the version(s) we support. You may not be able to install or use the app on a 'jail-broken' or 'rooted' device. We currently support iOS and Android operating systems.
1.3 A SmartShop (with mobile pay) is available at selected trial locations to UK based Nectar card holders aged 18 and above who have an Apple Smart phone iPhone 5S or newer, running iOS or above or any Android compatible phone that has the Lollipop or most recent operating system. SmartShop (with mobile pay) allows the use of a mobile device, via an App to scan and pay for your shopping at Sainsbury's.
1.4 A SmartShop (Hybrid) Service is available at selected trial locations to UK based Nectar card holders aged 18 and above who have an Apple or Android Smart phone with internet access. SmartShop (Hybrid) allows the use of a mobile device, via an App to scan your shopping and transfer your digital basket to a standard self-service checkout where payment is completed.

2.1 By participating in the pilot, you agree you may be sent Service update and information emails.

2.2 SmartShop will be available in selected stores only.

2.3 Sainsbury's will tell you about the restrictions and limits of the pilot and the steps you will need to take to download the SmartShop app.

2.4 If we vary the steps and restrictions of Sainsbury's SmartShop we will send an email, to the email address provided by you, detailing the changes. Your continued use of the SmartShop app will confirm your acceptance of the changes.

2.5 There is no minimum spend and no limit on the number of items you may scan, subject to Sainsbury's bulk purchase policy. Our bulk purchase policy can be found at http://help.sainsburys.co.uk/help/ordering/order-large-quantity.

2.6 The SmartShop app cannot be used to make purchases at concessions, the kiosk, café, prescription medicines and petrol stations.

3.1 To register you must provide us with a valid email address and your own Nectar card number which must have been registered at www.nectar.com. Your SmartShop registration is separate from any existing registration you may already have with Sainsbury's.

3.2 To register you must provide us with a valid email address and your own Nectar card number which must have been registered at www.nectar.com. Your SmartShop registration is separate from any existing registration you may already have with Sainsbury's.

3.3 If you wish to use the SmartShop (with mobile pay) Service in selected trial locations, you must have a credit or debit card registered to Apple Pay or Google Pay. Payment card details and billing address information will not be held in the app.

3.4 You agree that participation in Sainsbury's SmartShop is personal to you. You agree you will not loan, hire or otherwise allow any third party to participate in the Service using your registration details or phone.

3.5 At initial registration we will ask you to choose a password. You must keep this password confidential. Do not disclose it to anyone else or write it down. You are responsible for any SmartShop transactions submitted using your password.

3.6 Any registration details or changes you make to your account are processed on our secure server. The server has been security tested and penetration tested to ensure our app contains the highest level of security.

3.7 You must keep your SmartShop account secure. If you change your phone you must download the app again.

3.8 You may change your password at any time.

3.9 We may suspend your account if we suspect misuse.

3.10 We will never contact you and ask you to reveal your security details, nor will we ask anyone else to do so on our behalf.

4.1 Use of SmartShop requires internet access. The app will attempt to connect to the in-store wireless Service for the purposes of the app without charge to you. The in-store Wi-fi connection will appear as 'O2 Wifi' in your list of available networks. You will need to enter the details required the first time you use the Service. If you do not enable wireless access, your phone may use your own data Service for which your Service provider may charge. You are responsible for any Internet access charges made by your Service provider

4.2 Access to the in-store Internet is provided free of charge subject to these terms and conditions, and your acceptance and understanding of them is confirmed by entering your password and enabling the in-store wireless internet to use this Service. You agree these terms and conditions apply each time you access the SmartShop Service.

4.3 Access to and use of the in-store Internet Service is provided on a non- exclusive, non-transferable and time limited basis. The Wi-fi Service is provided for consumer use only. You must not copy, modify, transfer or supply the Service to any other person. The Service does not include connection from our in-store wireless internet to any other network and does not include the provision of any equipment to access the service or the internet.
4.4 You warrant your mobile device is suitable for use with the Service and protected against external threats including viruses, worms and Trojans.

4.5 The Service is provided on an 'as is' basis and access may be restricted by circumstances outside our control, including, without limitation, atmospheric or other conditions. We may on occasion interrupt the Service but will aim to restore it as quickly as possible. We may amend the Service including, without limitation, changing access codes, passwords or technical specifications.

4.6 You agree Sainsbury's has no control over any information transmitted or received by you outside the limits of this Agreement and we have no liability to you for such use. You accept Sainsbury's cannot guarantee the security of the Service against unlawful access or use or that the Service will never be faulty.

4.7 Our policy is to protect our facilities and data from any risk which may result in computer error, negligent virus transmission, fraud, loss of confidentiality or disruption to Service including disruption to our business process. By using the Service you agree to support and comply with this policy.

4.8 You must not use the Service: • For sending, forwarding, accessing or receiving pornographic, abusive, offensive, discriminatory, insulting, defamatory or otherwise inappropriate material; To access information which you have no legitimate reason for accessing;

• In a way that may interfere with our provision of this Service to you or any other customer or in contravention of the law. If we reasonably believe you have misused the Service we may suspend your access to it without notice to you.

4.9 You are responsible for ensuring you comply with all laws and regulations relating to your use of the internet and the Service, including but not limited to the "Copyright, Design and Patents Act 1988" and the "Computer Misuse Act 1990".

4.10 You accept the Limitations set out in Term 13 apply to the Wi-fi Terms of Use.

4.11 In the event internet access is unavailable or lost, the app may attempt to divert to 3G/4G, in this instance the customer's standard rates will apply. If internet access is lost temporarily during a SmartShop transaction, details will be retained on the app for up to 2 hours. In the unlikely event that no internet Service is available SmartShop customers will be required to re-scan their shopping at the checkout.

4.12 SmartShop customers may elect at any time to process their shopping in the usual manner at a standard checkout.

4.13 Sainsbury's cannot guarantee the Service will be fault free or that the Service will meet your requirements. Please report any faults in the Service to Customer Services or email SmartShop.Support@sainsburys.co.uk.

4.14 Your access to SmartShop Service may temporarily be restricted for repairs, standard maintenance or the introduction of new Services. Access to the Service will be restored as soon as possible.

5.1 SmartShop is available in selected locations.

5.2 SmartShop (with mobile pay) is currently available only at Clapham North Station Local, City Mansion House Local, City Blackfriars Local, Pasternoster Square Local, Holborn Circus Local, Clapham High Street Local, Shoreditch Station Local and Clapham Old Town Local stores.

5.3 SmartShop (Hybrid) is currently available only at Cambridge Cherry Hinton Road Local, Highgate Archway Rd Local, Stanmore and Bishops Stortford stores..

5.3 We will not charge you for using SmartShop but you must pay for your shopping before you leave the store.

5.4 Your service provider may charge for data usage if you do not sign in to the in- store Wi-fi connection.

5.4.1 To use SmartShop you must open the app, log in and start a shop. You must prompt enable location (if not already enabled) then connection is automatic.

5.4.2 To use SmartShop (with mobile pay) you must scan a QR code in store after you have paid to end your shop. There are some additional SmartShop (with mobile pay) trial limitations. We're sorry but when participating in the trial you won't be able to purchase age restricted items including alcohol, tobacco and paracetamol. These items may be paid for at a standard checkout.

5.4.3 To use SmartShop (Hybrid) you must pay at a standard self-service checkout. At checkout you must select the 'using SmartShop' option and scan the QR code.
5.5 SmartShop is available during our advertised trading hours. SmartShop may be used during browsing time in advance of our advertised Sunday trading hours but payment must be made, during trading hours, at a dedicated SmartShop checkout, when using SmartShop (with mobile pay), in the app using Apple Pay or Google Pay or when using SmartShop (Hybrid) at a self-service checkout.

5.6 On occasion, some items may not be recognised by the app. You should make the checkout attendant aware of these items before payment and they will be added at the checkout.

5.7 Items containing a security tag should be scanned as usual. Security tags must be removed by a Sainsbury's colleague during or after payment and before you leave the store.

5.8 We operate a Think 25 policy and transactions containing age restricted items will be approved by SmartShop attendant who will approve confirmed transactions. Declined transactions will result in the removal of age restricted products from basket. The basket will be recalculated

5.9 In the event that Internet access is unavailable or lost, SmartShop customers may request all their shopping is scanned at checkout. If Internet access is lost temporarily, or customers accept or make a call or text during their shop, then SmartShop transaction details will be retained on the app for up to 2 hours.

5.10 In the event the customer has insufficient battery life to complete the transaction, in selected stores the customer may choose to switch from their personal device to a Sainsbury's SmartShop handset. The shop will be transferred across. If the customer chooses not to switch and their phone battery runs out, the shop will be lost and cannot be recalled. You will then have to scan your items at a standard checkout or self-checkout in the store.
Customers will receive a low battery notification at approximately 20% of battery life.

5.11 To complete a SmartShop transaction you must make payment at the SmartShop checkout and collect your receipt before leaving the store. To complete a SmartShop (with mobile pay) transaction you must choose Apple Pay or Google Pay as your payment method and checkout out with Apple Pay or Google Pay. To complete a SmartShop (Hybrid) transaction you must make payment at any self-service checkout and collect your receipt before leaving the store.

5.12 By using SmartShop, you agree you will scan all items selected by you and ensure any un-scanned items are presented to the cashier for scanning and payment. By using SmartShop (with mobile pay) you agree you will scan all items selected by you and pay using Apple Pay or Google Pay. You agree any un-scanned items or age restricted items will be presented to a cashier for payment before you leave the store. By using SmartShop (Hybrid) you agree you will scan all items selected by you and pay at a self-service checkout. You agree any un-scanned items or age-restricted items will be presented to an assistant for scanning and payment before you leave the store.

5.13 SmartShop customers acknowledge and agree that their shopping may occasionally be subject to a rescan. Sainsbury's reserves the right to rescan your shop, in part or in whole, at any time. If there is a difference between your own scan and a checkout scan, the checkout scan will apply. Rescans do not necessarily imply any wrongdoing by you. However, if we have reasonable grounds to believe there is a deliberate attempt to defraud Sainsbury's we may remove your access to SmartShop and notify the police.

5.14 Prices for goods and promotions are shown clearly on shelf edge labels and these prices will be charged at checkout. Some promotional prices may not be reflected on the SmartShop app and these guide prices will be automatically updated at checkout.

5.15 We're sorry but colleagues discount is currently not available when using SmartShop (with mobile pay).

6.1 You may at any time during a SmartShop transaction decide to transfer your shopping to a standard checkout. The checkout operator will re-scan your shopping and you should pay using cash or an accepted credit or debit card.

6.2 SmartShop transactions must be completed at one of the card only tills within the dedicated checkout area. You must scan the QR code and your Nectar card at the checkout to enable your transaction to be recalled.

6.3 SmartShop (with mobile pay) transactions must be completed within the app by choosing Apple Pay or Google Pay as your payment method and check out with Apple Pay or Google Pay. You must scan the QR code before leaving the store. Apple Pay is a trademark of Apple Inc., and Google Pay is a trademark of Google LLC., registered in the U.S. and other countries.

6.4 SmartShop (Hybrid) transactions must be completed at a self-service checkout in store. You must choose the 'using SmartShop' option at checkout and scan the QR code before payment.

7.1 SmartShop customers will collect Nectar points as normal. The Nectar point collection programme is subject to the Nectar collector rules which are set out in the Nectar registration pack, brochure and online at www.nectar.com. Sainsbury's Supermarkets Ltd reserve the right to alter or terminate the Nectar points offer at any time without the need for prior notice. You will earn Nectar points for every full £1 you spend with us on selected products. From time to time we may introduce Nectar trials when the number of Nectar points you can collect may change. If this happens we will let you know. Nectar points will be reclaimed on returned items.

7.2 You may redeem Nectar points when paying for a SmartShop transaction at a checkout in the SmartShop checkout area or when paying for a SmartShop (Hybrid) transaction in the self-checkout area. We're sorry but it is not possible to redeem Nectar points when using SmartShop (with mobile Pay).

8.1 You may use money off coupons, vouchers or e-voucher when paying at the SmartShop checkout or the self-service checkout with SmartShop (Hybrid). We're sorry but you can't use coupons, vouchers or e- vouchers when paying using SmartShop (with mobile pay).

9.1 Sainsbury's may terminate SmartShop at any or all participating stores or extend to additional stores at any time.

9.2 Sainsbury's may change the SmartShop Service in any way or delete features at any time and for any reason.

9.3 Sainsbury's reserves the right to terminate the SmartShop Service at any time without notice.

9.4 Sainsbury's reserves the right to terminate or suspend a customer's registration or access to all or part of the SmartShop Service at any time and at our sole discretion, with or without notice.

9.5 You may terminate your participation in Sainsbury's SmartShop at any time by emailing SmartShop.Support@sainsburys.co.uk and by removing the SmartShop app from your phone.

10.1 Registration data and other information about you is subject to our Privacy. Our Privacy Policy can be found at https://help.sainsburys.co.uk/help/website/privacy-policy-commitment.

11.1 The content of the SmartShop app is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the app on your mobile phone or print one copy of such content for your own personal, non-commercial use. You may not otherwise reproduce, modify, copy or distribute or use for commercial purpose any of the materials or content on the app without prior written permission from Sainsbury's.

12.1 You agree to indemnify and hold Sainsbury's harmless from all liabilities, claims and expenses that arise from your use or misuse of the SmartShop Service or from your violation of the Terms and Conditions.

12.2 You must not use the app in any unlawful manner or for any unlawful purpose or attempt to obtain income from the use or provision of the SmartShop App.

12.3 You must not use the SmartShop Service in a way that is incompatible with our servers or the use of the SmartShop Service by others.

13.1 SmartShop and the in-store Wi-fi is provided on an 'as is' basis, without warranties of any kind, either express or implied, including without limitation any implied warranties of satisfactory quality, or fitness for particular purpose or non-infringement. Sainsbury's will not be liable to you for any losses suffered or costs incurred because:

1. You are unable to use SmartShop for any reason;
2. Your phone, hardware or software, including any app or rooting device installed by you, and used in connection with SmartShop is corrupted, damaged or fails to operate or is lost or stolen;
3. The app or Wi-fi fails to work as expected or is defective and we have not corrected these errors including any incompatibility of the SmartShop app with your equipment or software;
4. There is a reduced or failed Service provision by any third party operator including, without limitation, mobile operators or software providers.

13.2 Sainsbury's assumes no liability for any modification, suspension or discontinuance of the SmartShop Service.

13.3 Sainsbury's excludes all liability, so far as is permitted by law, including, without limitation, direct, indirect or consequential loss or damages or any loss of profits, loss of revenue, business interruption, loss of data or otherwise.

13.4 Our liability for losses you suffer as a result of us breaching this agreement is strictly limited to the purchase price of the Products you purchase.

13.5 This does not include or limit in any way our liability:

1. For death or personal injury caused by our negligence;
2. Under section 2(3) of the Consumer Protection Act 1987;
3. For fraud or fraudulent misrepresentation;
4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

14.2 Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

a. Strikes, lock-outs or other industrial action
b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
d. Impossibility of the use of public or private telecommunications networks including mass telecommunication failures or denial of Service attacks. e. The acts, decrees, legislation, regulations or restrictions of any government.

14.3 Our performance under any Contract is deemed to be suspended for the period the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our Service may be performed despite the Force Majeure Event.

15.1 If we fail, at any time to insist upon strict performance of any of your obligations or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled to this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

16.1 If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.