Terms of Use

(Last updated November 14, 2016)

Welcome to the Walmart PhotoCentre Online Service (the "Service"). This Service is provided to the customers of Wal-Mart Canada Corp., the owner and operator of the Service. The Service includes the Walmart PhotoCentre Website found at www.walmartphotocentre.ca (the “Site”). Through the Service, Walmart Canada Corp. (“Walmart”) offers digital imaging services that give you the ability to create photo products using digital images and to place orders for prints and/or photo products.

Please review the following terms and conditions (the "Terms and Conditions") that govern your use of our Service and the goods, software and services provided, licensed or sold through or in connection with the Service (the "Products"). Please note that your use of the Service constitutes your unconditional agreement to follow and be bound by the Terms and Conditions then in effect (the "Agreement"). If you do not accept these Terms and Conditions, please do not use the Service.

Your use of the Service at any time binds you to the Terms and Conditions then in effect. Walmart reserves the right to update or modify the Agreement at any time without prior notice. Your use of the Service following any such change to these Terms and Conditions constitutes your unconditional agreement to follow and be bound by the Agreement as changed. For this reason, we encourage you to review the effective date of the Terms and Conditions (which appears at the very top of this document) each time you access the Service, and, if the Terms and Conditions have been revised since you last accessed the Service, to review the revised Terms and Conditions which will apply to your use of the Service, and the use and purchase (as the case may be) of Products.

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. This Site may only be used by residents of Canada. If you use this Site outside of Canada, you do so at your own risk and are responsible for complying with all applicable laws.

INTELLECTUAL PROPERTY

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

Walmart and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on or are available through the Service. So long as you are in compliance with these terms, Walmart grants a non-exclusive license to you to use the Service in accordance with these Terms and Conditions. Except as expressly stated herein, no other rights are granted to you by implication, estoppel, or otherwise, under any patent, copyright, trade secret, trade-mark, or other intellectual property.

The Walmart names and logos and all related product names, design marks and slogans are the trade-marks of Walmart Stores, Inc. and are used in Canada under exclusive license by Walmart. All other trade-marks are the property of their respective owners. No trade-mark license is granted in connection with the materials contained on or offered through the Service, or the intellectual property rights embodied therein, arising therefrom or represented thereby. Access to the Service does not authorize anyone to use any name, logo or trade-mark in any manner whatsoever or to reproduce any Content.

By using the Service you represent and warrant that you are the owner of, and/or have the right to access and use the images that you access and use on the Service regardless of whether you access those images from the hard drive of your computer, from your mobile device or through your Facebook, Instagram, Dropbox (or similar) account. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources may not be used through the Service without express consent of the copyright holder.

THIRD PARTY WEBSITES

References in the Service to any third party names, trade-marks or products or any 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's approval, endorsement, sponsorship or recommendation of such third party, such sites or such products or any representation or warranty as to the accuracy, adequacy, lawfulness or completeness of any such information. Walmart is not responsible for the content of any third party sites and does not make any representations regarding the content or the lawfulness, accuracy, adequacy or completeness of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.

As part of your use of the Service, you may be provided with the opportunity to access Wal-Mart Canada Corp’s and third party services and web sites (collectively and individually, “Applications”). Use of the Applications may require Internet access and that you accept additional terms of use. You acknowledge and agree that while Walmart and/or such third parties may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Applications or the amount of storage space used for the provision of the Applications, such fixed upper limits may be set by Walmart and/or such third parties at any time, at Wal-Mart Canada Corp’s. and/or such third parties’ sole discretion.

PERMITTED USE OF THE SITE

Acceptable Conduct

All users of the Service must use the Service responsibly and with respect for all persons. Your use of the Service, including, without limitation, posting Materials (as defined below) to and using and sharing Materials through the Service, and your use of the Products must be lawful, ethical, and respectful of the legal rights and interests of all other persons, including without limitation Walmart, its affiliates and each of their respective agents and representatives.

Without limiting the above, the following rules apply to your use of the Service:

LAWFUL USE:

Your use of the Service and/or the Products must be lawful and must comply with all applicable domestic and foreign laws, regulations, rules, policies, treaties and tariffs, whether civil, criminal or otherwise.

NON-COMMERCIAL USE:

The Service may be used by you only for personal, non-commercial purposes and must not be directly or indirectly used in connection with any commercial activities, including: (a) selling or offering to sell any goods or services, including reselling the Products; (b) soliciting for advertisers or sponsors; (c) conducting contests, gaming or gambling or offering prizes, awards or any other incentives to users; (d) displaying advertising or sponsorship banners, including those generated by banner or link exchange services; or (e) soliciting for donations, other than through any gift request, wish list, gift and other similar features that may be expressly offered from time to time through the Service.

SECURITY AND PERFORMANCE:

The Service must not be used by you with any action, device, software or routine which could directly or indirectly interfere (or attempt to interfere) with the proper working of the Service, compromise the security measures for the Service or impose an unreasonable or disproportionately large load or burden on the system on which it is stored and/or hosted or its infrastructure. You may not modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Service or the software underlying or offered on the Service, or delete, obscure or modify any proprietary notice contained on the Service or assist others in undertaking any of the foregoing. You may not use the Service to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, political campaign materials, spam, chain letters, pyramid schemes or any other form of solicitation.

OTHER PERSON'S RIGHTS:

Your use of the Service must not infringe the legal rights of any other person (including privacy and personality rights, copyright, trade-mark, trade secret, patent, moral rights, and other proprietary rights). You may not use the Service in any manner that may be indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others, or that may otherwise be objectionable. This prohibition extends to the posting, printing, transmitting or communicating of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct. You may not use the Service in any way that is harmful to minors, including but not limited to, accessing, using or printing content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct. Your use of the Service must not dilute or depreciate the name and reputation of Walmart, its affiliates and/or associates. You may not use the Service in any manner that invades or infringes the privacy of any other person.

NO DATA COLLECTION:

Your use of the Service must not involve any data matching or data mining, including without limitation the collection or use of information about other members and other users (including their email addresses) without their express consent.

Walmart reserves the right, in its sole discretion, to determine whether any use by you of the Service is in contravention of these Terms and Conditions. Walmart may monitor, review and examine any Materials (as defined below) and Products that you create, access or post using the Service and if, in Wal-Mart Canada Corp’s sole judgment and discretion, any Materials or Products violate the terms of this Agreement or if there exists any potential violations of law, Walmart may take any action it deems appropriate including reporting such violation of law to the appropriate enforcement authorities or confiscating or refusing to process or fulfill any orders containing any such Materials or Products and removing any such Materials or Products from the Service.

Security

Users are prohibited from violating or compromising or attempting to violate or compromise the security of the Service, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing," including without limitation any distributed denial of service attack; or (d) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Violations of system or network security may result in civil or criminal liability. Walmart will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted through the Service. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from Walmart on the Site and other than generally available third party web browsers.

Linking and Framing the Site

If you have an Account (as defined below), you may create links to the materials you use, produce, or post using the Service from your own, personal, non-commercial site; however you may not create links from commercial sites (such as auction sites) or sites you do not own. Also, you may not use Walmart's name (or that of any of its affiliates) or any of the Content or otherwise indicate, suggest or imply that Walmart (or any of its affiliates) endorses the Materials you post to the Site. Any other links you may create to the Site or to the Content of any of the foregoing, without the express permission of Walmart are strictly prohibited. The framing or scraping of the Site or any of its Content in any form and by any method is strictly prohibited.

USE AND ACQUISITION OF PRODUCTS

Eligibility Requirements

The Service may only be used by residents of Canada and may only be used in jurisdictions where retail stores exist that participate in and are able to fulfill orders made using the Service, or to which Walmart offers a ship to home option for the Service. You are solely responsible for ensuring that you will be able to pick up ordered products from a participating retail store, or accept delivery as the case may be. Individuals who are under the age of 13 may not use the Service. Individuals who wish to use the Service to use, acquire and/or purchase Products must have reached the age of majority in their respective jurisdictions. The Service may not be used by persons who have previously had their Service membership or account for the Service or Materials revoked. Walmart reserves the right to limit the availability of the Service or the Products to any person, geographic area, or jurisdiction it may designate, at any time and in its sole discretion, and to limit the quantities of any service, good, program, or other product that Walmart provides or may provide. Walmart reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account or the same credit card, and also to orders that use the same billing and/or shipping address. Walmart will provide notification to the customer should such limits be applied. ANY OFFER OF SALE OF ANY GOOD OR SERVICE THROUGH THE SERVICE IS VOID WHERE PROHIBITED.

Account Passwords

The Service requires you to register and create a user account (an “Account”). When and if you register, you agree (a) to provide accurate, current, and complete information about yourself as prompted by our registration form (including your email address) and (b) to update your information (including your email address) so as to keep it accurate, current, and complete.

As part of the registration process, you will be asked to select a unique user ID and password. Walmart may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trade-mark or any other intellectual proprietary right, is vulgar or otherwise offensive, or may cause confusion, as determined by Walmart in its sole discretion.

For security reasons, user IDs, and passwords must be non-obvious, hard-to-guess, confidential and changed on a regular basis, and users must log-out at the end of each session. You will be responsible for the confidentiality and use of your username and password and agree not to disclose your user ID or password for the Service to any third party. You must immediately notify Walmart of any unauthorized disclosure or use of your user ID or password, or if you know or suspect that those passwords have been lost or stolen or become known to any other person without your authorization. Walmart is not under any obligation to verify the actual identity or authority of the user of any user ID or password.

THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT GUARANTEED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You must ensure that all use of your Account, whether by yourself or by any third party, complies with this Agreement.

All user IDs and passwords remain the property of Walmart, and your Account may be cancelled or suspended at any time by Walmart without any prior notice or any liability to you or any other person. Without any limitation to the foregoing, if Walmart, in its sole discretion, considers a password to be insecure or otherwise compromised, then Walmart may cancel the password and/or your Account.

You must respond promptly to all email and other correspondence from Walmart which requests or requires a reply from you, including without limitation email and correspondence concerning complaints or concerns regarding your use of the Service and the use of your Account.

License and Warranties

Walmart does not claim ownership rights in any of the digital images that you access, use, create or modify using the Service (the “Materials”). For the sole purpose of allowing Walmart to provide the Service, including enabling us to display your photos through the Service (for example, in projects) and to fulfill any orders for you or others who have access to your Materials, you grant to Walmart (i) a non-exclusive, royalty-free license to use, copy, distribute and display those Materials (the “Materials License”), and (ii) the right to use your name in connection with the Materials. Walmart’s use, copying, distribution and/or display of any Materials in connection with such Materials License shall be subject to Walmart’s privacy policy, available at www.walmart.ca/en/help/legal/privacy-policy. For the avoidance of doubt, Walmart will not, without your prior consent, use, display or modify any of your Materials (i) other than in accordance with any activity initiated by you (e.g. sharing Materials, printing or producing photos or photo gifts, designing photo gifts and/or projects), or (ii) in any Walmart advertisements or promotions.

You represent and warrant to Walmart that (a) Walmart’s use of the Materials, as contemplated herein, does not and will not violate or infringe the rights (including copyright, moral rights, and other intellectual property rights and privacy and personality rights) of any other person or any applicable laws; and (b) you have all the rights necessary to grant all permissions, rights and licenses set forth above.

Transaction Agreements

All transactions initiated and/or conducted through the Service (each a "Transaction") are governed by this Agreement and any applicable transaction agreement (the "Transaction Agreements"). By participating in a Transaction, you signify your agreement and acceptance of the applicable Transaction Agreement. Walmart may modify it’s the terms of this Agreement from time to time in accordance with applicable laws. Any such modification will apply to any order placed after the effective date of the modification. Therefore, each time you place an order with Walmart you represent that you have accessed, read and accepted the Transaction Agreements applicable to and governing that order.

Photo Laboratory Services

Users of the Service may be permitted to submit digital images through the Service for processing and purchase of prints or for the production and purchase of customized merchandise incorporating said digital images. Any such processing by Walmart (or by third party service providers) is expressly subject to the terms of this Agreement, including without limitation all disclaimers, limitation of liability, exclusions and indemnities, and any applicable Transaction Agreement.

The acceptance of such digital images by the Service does not create any obligation for Walmart to preserve or retain such images. The Service does not provide long-term storage of digital images nor of photo products created using the Service. Walmart may remove and destroy your Materials and Products ordered to store if such Materials or Products are not pick-up within thirty (30) days from when the Materials or Products are received at the store. WALMART IS NOT RESPONSIBLE FOR ANY PRINTS OR MERCHANDISE WHICH HAVE NOT BEEN PICKED UP MORE THAN 30 DAYS AFTER THE DATE OF YOUR ORDER.

Fees, Charges and Taxes, Availability, Prices, Misprints and Errors, and Orders

All fees and charges will be at the rates in effect at the time the charges were incurred. Charges incurred under this Agreement may include charges related to the use of the Service or your acquisition of the Products, as well as charges related to goods and services acquired through the Service. You are responsible for paying all fees, charges and applicable taxes associated with your use of the Service or acquisition of the Products and any such use or acquisition by any person using your user ID and/or password. All fees will be charged in Canadian dollars to your selected method of payment by Walmart in one or more charges as the product is shipped. Please note that actual sales taxes are calculated on items as they ship, and therefore, due to mathematical rounding, there may be a slight adjustment to actual sales taxes owed and included in the Purchase Price from those estimated in your Order Total.

If you are not satisfied with your photo order, please notify Walmart. We will investigate any deficiency with your order and should Walmart determine (at is sole discretion) that a deficiency exists, generate another copy for you. Due to the custom nature of personalized photo products, all sales are final. This return policy is applicable for both online and in-store PhotoCentre purchases.

In the event that an item is listed at an incorrect price due to an error in pricing, Walmart will have the right to reject or cancel any orders placed for that item. In the event that an item is mispriced, Walmart may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

The prices, fees and charges associated with any of the Products, including without limitation any goods and services available through the Service, are subject to change at any time and from time to time without any notice or any liability to you or any other person. Also, due to the popularity of some goods and services, Walmart cannot guarantee that goods or services advertised through the Service will be available when ordered or thereafter. Walmart also reserves the right at any time and in its sole discretion to reject, correct, cancel or terminate any order made through the Service.

In the event that Walmart rejects an order, Walmart will have no obligation to fulfill your order and you will have no obligation to pay Walmart for the order. Walmart also reserves the right, at its sole discretion, to cancel any order after acceptance for any reason. Some situations that may result in your order being rejected or cancelled include: (i) Limitations on quantities available for purchase; (ii) inaccuracies or errors in product or pricing information; (iii) A product recall on the item that you have purchased; or (iv) Problems identified by Walmart Canada's credit and fraud avoidance department. Walmart may also require additional verifications or information before accepting any order. Walmart will contact you if all or any portion of your order is rejected after your order has been placed but before it is accepted by Walmart or if additional information is required to accept your order.

The advertisements displayed through the Service are invitations for purchase orders, and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order. Your order shall be deemed to be accepted only if and when the Service sends an order acceptance e-mail to your e-mail address or Walmart otherwise fulfills your order and provides you with confirmation of the foregoing. You have one (1) hour from the time your purchase order is submitted to Walmart Canada Corp. to cancel that purchase order, after which you may not cancel the purchase order. The order acceptance may provide you with confirmation of the terms of the transaction and may also provide you with certain information regarding availability and/or delivery of the relevant Products.

If any payment due is not made by you, Walmart may, in addition to any other remedies it may have, and at its sole discretion and without notice to you, (a) suspend its performance under this Agreement and revoke your Account and your access to and use of the Service, or (b) terminate this Agreement, revoke your Account and your access to and the use of the Service. If legal action is necessary to collect any amount which you owe, then you agree to reimburse Walmart for any and all expenses incurred in collecting such amount, including without limitation all legal fees, all costs and all disbursements.

COLOURS AND MERCHANDISE CONTENT

Walmart has made reasonable efforts to describe and display as accurately as possible the Products, including the colours of Products (including without limitation digital images and custom merchandise) that appear on or are displayed on or through the Service. However, Walmart does not represent or warrant that Product descriptions are accurate, complete, reliable, current or error free. Furthermore, as the actual colours you see will depend on your monitor, Walmart cannot guarantee that your monitor's display of any colour will be accurate. The aspect ratio of the products you order may be different from the aspect ratio of your digital image data which may result in finished products that do not utilize the entire digital image.

INDEMNIFICATION

You understand and agree that you are personally responsible for your behavior in connection with the Service. You agree to defend, indemnify defend and hold Walmart and any of its subsidiaries, officers, directors, contractors, suppliers, affiliated companies, joint ventures, business partners, licensors, employees, agents and any third party service providers harmless from and against any and all losses, actions, claims, damages, costs and expenses, including legal fees (on a solicitor and his own client basis) and disbursements, arising from or related to your use or misuse of the Service (regardless of whether or not such use is permitted under these Terms and Conditions), including without limitation (i) any Materials you submit or post using the Service, (ii) the Products, (iii) any violation of these Terms and Conditions, (iv) the use or misuse of the Service by your or any other person who accesses the Service using your Account, and (v) any violation of any rights of a third party including intellectual property and privacy rights. This provision shall survive the termination of this Agreement and remain in full force and effect after any such termination.

PRIVACY AND PERSONAL INFORMATION

Walmart’s personal information practices with respect to the Service, including the collection, use and/or disclosure of your personal information, are governed by Walmart’s PhotoCentre Online Privacy Policy (www.walmart.ca/en/help/legal/privacy-policy) of which are incorporated into this Agreement. Please review this privacy policy.

CONSENT TO RECEIVING COMMERCIAL ELECTRONIC MESSAGES

If you provide your email address to the Service, you will be given the opportunity to give your express consent to receive promotional and informational emails, newsletters and offers from Walmart. This consent is sought by Wal-Mart Canada Corp., 1940 Argentia Road, Mississauga, Ontario, L5N 1P9, or by a third party of behalf of Walmart Canada Corp. You may withdraw your consent by using the “Unsubscribe” link that is located at the bottom of all promotional emails you receive from Walmart or by contacting us using the contact information listed above. You may not be able to unsubscribe from receiving emails related to specific transactions that you enter using the Service.

TERMINATION OF THIS AGREEMENT

These Terms and Conditions (as same may be amended from time to time by Walmart in its sole discretion) constitute a legally binding agreement between you and Walmart, effective upon your initial access of the Service unless and until terminated by you or by Walmart Without limiting any other rights of Walmart, if you breach any provision of this Agreement, then Walmart may revoke your Account and terminate this Agreement and may prohibit you from using the Service or from using and/or acquiring the Products. Upon termination of this Agreement, all fees, charges, costs or amounts payable by you in conjunction with your use of the Service or purchase of any Products shall become forthwith payable and you agree to forthwith remit those amounts to Walmart.

Walmart may, in its sole discretion and at any time, change, suspend, or terminate, temporarily or permanently, the Service or any part of it or any Products, for any reason and for convenience, without any notice to you and without incurring any liability to you or any other person.

Walmart may at any time and for any reason, with cause and in its sole discretion, immediately: (a) suspend or terminate (in whole or in part) your authorization to use the Service and any Account you may have; (b) suspend or terminate and permanently delete and destroy any user ID, password or account information; (c) remove from the Service and permanently delete and destroy any Materials that you or others may have posted or submitted through the Service (and for purposes of this Agreement, "posted" and "submitted" includes transmission on or through the Internet and in hardcopy format through facsimile or post) for any reason or for convenience; (d) restrict access to the Materials posted or submitted through the Service and to any account you may have; and (e) bar you from any future use of the Service; all without any prior notice or liability to you or any other person.

Walmart is not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that it may receive regarding any Materials that you may use or allow others to use in connection with or via the Service (including Materials posted or submitted through the Service) before Walmart takes any remedial action that it considers, in its sole discretion, to be appropriate.

If this Agreement is terminated for any reason, then: (a) this Agreement will continue to apply and be binding upon you in respect of your prior use of the Service; (b) Walmart may immediately remove and permanently delete and destroy any Materials that you or others may have posted or submitted to the Service without any prior notice or liability to you or any other person; (c) any fees and charges previously paid by you for unused services will not be refunded; and (d) you must promptly destroy all materials downloaded or otherwise obtained from this Service (other than Products purchased from the Service and paid for), as well as all copies of such materials, whether made under the Terms and Conditions or otherwise.

DISCLAIMER

THE SERVICE AND THE PRODUCTS PROVIDED THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WALMART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OBTAINED THROUGH THE SERVICE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WALMART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, PERFORMANCE OR DURABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, WALMART DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE. WALMART FURTHER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCT AVAILABLE THROUGH THE SERVICE. YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THE SERVICE, THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND CONDITIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. THIS PROVISION SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.

THE ABOVE DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WALMARTOR ANY OF ITS AFFILIATES AND ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, GOODS PURCHASED THROUGH THE SITE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR ANY PRODUCT OR MATERIALS ON OR FROM THE SERVICE OR RELATED TO ANY MISPRINTS OR ERRORS ON THE SERVICE, INCLUDING THE UNAVAILABILITY OF ANY PRODUCT YOU ORDER, ANY DELAY IN THE AVAILABILITY OF GOODS OR SERVICES, OR ANY CHANGES IN THE PRICE OF GOODS OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, INACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF WALMART OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF WALMART TOWARDS A PERSON FOR ANY TRANSACTION OR SERIES OF TRANSACTIONS SHALL BE LIMITED TO THE PURCHASE PRICE OF YOUR TRANSACTION.

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS OF DAMAGES AS PROVIDED ABOVE. IF THESE LAWS APPLY TO YOU, SOME OF THE EXCLUSIONS OR LIMITATIONS REFERRED TO ABOVE MAY NOT APPLY TO YOU. THIS PROVISION SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.

THE ABOVE DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS SITE.

GENERAL PROVISIONS

Except for the Transaction Agreement and any additional terms incorporated into this Agreement or purchase made through the Site, this Agreement represents the complete agreement between you and Walmart in relation to the use of the Service 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 failure of Walmart to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Walmart's rights with respect to such breach or any subsequent breaches.

This Agreement shall be governed by and construed under the laws of the Province of Ontario and the laws of Canada applicable therein. Any action or proceeding arising out of or related to this Agreement or your use of this Service must be brought in the Province of Ontario.