Help & customer support

WALMART CANADA CORP.

MOBILE APPLICATION TERMS OF USE

1. Introduction

These applications are provided by Wal-Mart Canada Corp. ("Walmart"). This Agreement applies to your use of the Walmart Mobile Application and all related applications (collectively, the "Walmart Application"). By using the Walmart Application, you accept this Agreement and certify that you are above the age of majority in your jurisdiction. If you are not of the age of majority in your jurisdiction, you must only use the Walmart Application under the supervision of your parent or legal guardian who agrees to the Agreement.  If you are a parent or legal guardian agreeing to the Agreement, you must monitor and supervise the use of this application by the minor and you are fully responsible for the minor’s use of the Walmart Application, including all financial charges and legal liability that he or she may incur. Additional terms and conditions apply to some services offered on the Walmart Applications and may be found at the place where the relevant service is offered.

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU MAY NOT USE THIS APPLICATION.

We may change the terms of this Agreement from time to time. If the Agreement has been updated, Walmart will post the new Agreement and note the date that it was last updated.  By continuing to use of the Walmart Applications after we post any such changes, you accept the Agreement, as modified.

2. Use of Walmart Application

You certify that the information you provide on the Walmart Application is accurate and complete. You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify Walmart immediately. Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the Walmart Application, or any portion of the Walmart Application, at any time without notice.

Users of the Walmart Application are prohibited from:

• Violating or attempting to violate the security of the Walmart Application;
• Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Walmart Application; or
• Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by Walmart or other third-party web browsers) to navigate or search the Walmart Application.

The Walmart Application is intended for use by residents of Canada.  If you use this application outside of Canada, you do so at your own risk and are responsible for complying with all applicable laws.

The sale of products and services on this Site may be subject to additional terms that will be made available to you when you place your order.  

3. Content Submission

Walmart allows users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through the Walmart Application ("Content").

By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent or legal guardian who agrees to be bound by this Agreement; and (3) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity.

A. License Grant for Submitted Content

If you make any submission to the Walmart Application, you automatically grant, or warrant that the owner of such content has expressly granted Walmart, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. You grant Walmart the right to use the name that you submit in connection with any Content.

B. Prohibited Content

You represent and warrant that you will not submit the following Content:

1. Content that is false, inaccurate, or misleading;
2. Content that contains your full name(s), or any other confidential identifiable information of yourself or others;
3. Content that violates any local, provincial, federal, or international laws;
4. Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
5. Content that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Walmart in its sole discretion;
6. Advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from Walmart;
7. Chain letters or pyramid schemes;
8. Content that impersonates another business, person or entity, including Walmart, its related entities, employees and agents;
9. Content that contains viruses or other harmful computer code;
10. Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
11. Content that you were compensated or granted any compensation by any third-party unless otherwise authorized by Walmart in writing; or
12. Content that violates any policy posted on the Walmart Application, or interferes with the use of the Walmart Application by others.

Walmart shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted, to or posted on, the Walmart Application for any reason, including violation of this Agreement, whether for legal or other reasons. Notwithstanding this right of ours, you are solely responsible for any Content you submit and you agree to indemnify Walmart and its affiliates for all claims resulting from any Content you submit.

4. Third-Party Sites

References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Walmart Canada’s endorsement, sponsorship or recommendation of the third party, information, product or service. Walmart Canada is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.  Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.

5. Order Acceptance and Billing

All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Prior to accepting an order we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Walmart may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s).

Walmart reserves the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will notify the customer should such limits be applied. Walmart also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from Walmart for the purpose of engaging in a commercial sale of that same product(s) with a third-party.

6. Pricing Information

Walmart reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Walmart. Walmart may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

7. Information Provided on the Walmart Applications

Walmart and our customers post a variety of material on the Walmart Application (the “Materials"). The Materials that appear on the Walmart Applications are for educational and informational purposes only. Before you act on information you have found on the Walmart Application, you should confirm any facts that are important to your decision. Walmart and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Walmart Application. Walmart is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. If you find that a product and/or service you purchase is not as described, your sole remedy is to return the product in accordance with Walmart Canada’s Return Policy, or cancel the service in accordance with the applicable service agreement.

WALMART, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON THE WALMART APPLICATION.

8. Mobile Barcode Scanning and Checkout Services

Walmart Applications may permit customers to scan products at Walmart stores with their mobile devices and/or use mobile checkout solutions ("Mobile Checkout Services"). By using any Mobile Checkout Services, you agree to accurately scan all products before checkout and pay for all products you obtain from any Walmart store. If you are unable to scan any products for any reason, please consult with a Walmart employee to make sure all items are reflected on your receipt at checkout. You agree that Walmart or its affiliates may review the products in your possession and/or your receipt at any time and request that any products be re-scanned or product or order price be re-calculated. In the event you and any Walmart employee calculate different totals for your purchase, the calculation confirmed by the Walmart employee shall be the amount payable by you. You agree to fully cooperate with Walmart and its employees during your use of any Mobile Checkout Services. Walmart may suspend or terminate your right to use any Mobile Checkout Services at any time in their sole discretion. Walmart may cease offering any Mobile Checkout Services at any time without notice to you.

9. Intellectual Property

Unless otherwise noted, all materials, including images, text, illustrations, designs, music clips,  downloads, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "IP") are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trade-marks, owned by or licensed to Walmart Inc., Walmart Canada, or one of their respective affiliates, and are protected by Canadian, U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this application is the exclusive property of Walmart Canada and is also protected by Canadian, U.S. and international copyright laws.

Walmart Canada and its suppliers and licensors expressly reserve all intellectual property rights in all IP, products, processes, technology, tools and other materials that appear on the Walmart Application. Access to this application does not confer and shall not be considered as conferring upon anyone any license under any of Walmart Canada’s, Walmart Inc.'s or any third party's intellectual property rights.

The Walmart names and logos and all related product and service names, design marks and slogans are the trade-marks or service marks of Walmart Inc. and are used in Canada under exclusive license by Walmart Canada. All other marks are the property of their respective owners. No trade-mark or service mark license is granted in connection with the materials contained on the Walmart Application.

10. Privacy

You acknowledge that any personal information that you provide through the Walmart Application will be used by Walmart in accordance with Walmart's Privacy Notice, the terms of which are incorporated here by this reference.

11. Indemnification

You agree to defend, indemnify, and hold harmless Walmart and its affiliates from and against any and all claims, damages, costs, and expenses, including legal fees, arising from or related to your use of the Walmart Application or any breach by you of this Agreement. This provision shall survive the termination of this Agreement and remain in full force and effect.

12. Termination

This Agreement is effective unless and until terminated by either you or Walmart. You may terminate this Agreement at any time, provided that you discontinue any further use of the Walmart Application. Walmart also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Walmart Applications, if in Walmart's sole discretion you fail to comply with any term or provision of this Agreement.

13. Disclaimer

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 

THIS APPLICATION IS PROVIDED BY WALMART ON AN "AS IS" AND "AS AVAILABLE" BASIS. WALMART MAKES NO REPRESENTATIONS OR WARRANTIES, AND PROVIDES NO CONDITIONS, OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE OR SERVICES PROVIDED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, WALMART DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED (INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) RELATING TO THIS SITE OR ANY CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WALMART CANADA DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, LEGAL, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE DISPLAYED ON THIS SITE AND THAT THIS SITE WILL BE ERROR-FREE, CURRENT, UNINTERRUPTED, ACCURATE, AVAILABLE, RELIABLE, SECURE OR COMPLETE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

THE ABOVE DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOU’RE RIGHT TO USE THIS SITE. 

14. Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WALMART AND ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, MANDATARIES, AGENTS, VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH THIS SITE INCLUDING, WITHOUT LIMITATION, (1) THE USE OF OR INABILITY TO USE THIS SITE; (2) ANY CONTENTS OR MATERIALS DOWNLOADED FROM THIS SITE, AND ANY LINKS PROVIDED ON THIS SITE; (3) ANY INACCURACY, ERROR OR OMISSION IN RELATION WITH THE TIPS, ADVICE, GUIDES AND OTHER INFORMATION CONTAINED ON THIS SITE OR IN RELATION WITH ANY DELAY IN THEIR TRANSMISSION OR DELIVERY, (4) ANY WORK INITIATED BY YOU AND BASED ON THE DIRECTIONS CONTAINED ON THIS SITE OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE INFORMATION CONTAINED ON THIS SITE; (5) ANY TRANSACTION CONDUCTED ON THIS SITE; AND (6) ANY UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR DATA, EVEN IF AN AUTHORIZED REPRESENTATIVE OF WALMART HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

THE ABOVE LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOU’RE RIGHT TO USE THIS SITE.

15. General

Except for any additional terms incorporated into any purchase made through this Site, this Agreement represents the complete agreement between you and Walmart Canada in relation to the use of this Site and supersedes all prior agreements and representations between us. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable in a manner that most closely matches the intent of the original provision and the other terms of this Agreement shall remain in full force and effect. The delay or failure of Walmart Canada to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Walmart Canada's rights with respect to such breach or any subsequent breaches. Walmart Canada shall not be liable for any delay or failure to perform any of its obligations under these Terms of Use if such delay or failure is due to causes beyond its control.  You may not assign these Terms of Use to any third party without the prior written consent of Walmart Canada.  These Terms of Use will be binding upon and will enure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) Walmart Canada and its successors and assigns.  This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein except in cases where the laws of the Canadian jurisdiction in which you reside requires that the laws of such jurisdiction to apply, in which case the laws of such jurisdiction shall apply. The exclusive jurisdiction for any claim, action or dispute with Walmart Canada or relating in any way to your use of the Site or a purchase made on the Site will be in the courts of the Province of Ontario unless required otherwise by applicable laws of your province of residence.  It is the express wish of the parties that this Agreement and all related documents be drawn up in English.  C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais. 

16. Third-Party Software

The Walmart Application may include certain third-party technology and open source materials (“Third-Party Technology”). Your use of such Third-Party Technology is subject to this Agreement (where applicable) and shall remain subject to the license terms and conditions associated with the Third-Party Technology, including, without limitation, terms of use and terms of service posted on third party websites. Walmart disclaims any liability related to your use of the Third-Party Technology. You are solely responsible for all data and mobile carrier charges in connection with the mobile phones on which you have installed the Walmart Application.

17. Apple/Google Terms and Conditions

If you download the Walmart Application from the Apple App Store, this Agreement incorporates the Apple, Inc. Terms and Conditions, including the Licensed Application End User License Agreement provided therein (available at http://www.apple.com/legal/internet-services/itunes/ca/terms.html). If you download the Walmart Application from the Google Play Store, this Agreement incorporates the Google Play Terms of Service (available at https://play.google.com/about/play-terms.html). Where the terms of the Apple, Inc. Terms and Conditions, and/or Google Play Terms of Service conflict with the terms of this Agreement, this Agreement shall govern.

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