Terms and Conditions of Use
(This version in force since March 4, 2013)
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”),
the Walmart PhotoCentre Mobile Application (the “Mobile App”) and the
Walmart PhotoCentre Facebook Application provided through the Website
address apps.facebook.com/walmart_photocentre (the “Facebook App”).
Through the Service, Wal-Mart Canada Corp. offers digital photography
services that give you the ability to create photo products using digital
images and to place orders for prints and/or photo products to be picked
up at a retail location. The Mobile App allows you to use the Service to
access digital images from your mobile device. The Facebook App allows you
to use the Service to access digital images to which you have access through your Facebook account.
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").
Please review these Terms and Conditions in their entirety by using the scrolling feature.
Please review these Terms and Conditions in their entirety by using the scrolling feature.
Once you have reviewed these Terms and Conditions in their entirety and have scrolled to
the bottom of these Terms and Conditions, you will be given the option of accepting the
Terms and Conditions and entering into the Agreement. If you do not accept these Terms
and Conditions, you will not be able to use the Service.
Although you may "bookmark" a particular portion of the Site and thereby bypass the display of these Terms and Conditions, or may use the Mobile App or Facebook App in the future without being presented with these Terms and Conditions, your use of the Service at any time still binds you to the Terms and Conditions then in effect. Wal-Mart Canada Corp. 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.
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 Wal-Mart Canada Corp., 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 Wal-Mart Canada Corp. and is also protected by Canadian, U.S. and international copyright laws.
Wal-Mart Canada Corp. 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, Wal-Mart Canada Corp. 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. You may use the Service on your personal electronic device (e.g. computer, mobile phone, tablet, etc.). You may not further redistribute, sublicense, rent, loan, or lease the Service to any other person.
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 Wal-Mart Canada Corp. 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 (or similar) account, and regardless of whether you have access to such images as a result of the fact that another individual has granted you permission to access such images on Facebook. You must either own all right, title and interest in and to the copyrights in the images or have express permission from the copyright holder to access and use such images for all purposes related to the Service. 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 Wal-Mart Canada Corp.'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. Wal-Mart Canada Corp. 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.
PERMITTED USE OF THE SITE
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 Wal-Mart Canada Corp., 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. Access to the Site, the Mobile App, the Facebook App or the Products from locations where such access may be illegal is prohibited.
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 Wal-Mart Canada Corp., its affiliates and/or associates.
Regardless of whether you obtain the images that you use on the Service from the hard drive of your computer, from your mobile device or through your Facebook (or similar service) account, and regardless of whether you have access to such images as a result of the fact that another individual has granted you permission to access the images on Facebook, you may not use the Service in any manner that invades or infringes the privacy of any other person. You may not use the Service to access or use, digital images that belong to someone else unless you have the permission of that individual.
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.
Wal-Mart Canada Corp. 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. Wal-Mart Canada Corp. 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, Wal-Mart Canada Corp. 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.
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. Wal-Mart Canada Corp. 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 Wal-Mart Canada Corp. on the Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, etc.).
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 Wal-Mart Canada Corp.'s name (or that of any of its affiliates) or any of the Content or otherwise indicate, suggest or imply that Wal-Mart Canada Corp. (or any of its affiliates) endorses the Materials you post to the Site.
Any other links you may create to the Site, the Mobile App or the Facebook App or to the Content of any of the foregoing, without the express permission of Wal-Mart Canada Corp. 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
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. You are solely responsible for ensuring that you will be able to pick up ordered products from a participating retail store. 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 (as the case may be), must have reached the age of majority in their respective jurisdictions and must be capable of forming legally binding contracts under applicable law. The Service may not be used by persons who have previously had their Service membership or account for the Service or Materials revoked or by individuals in jurisdictions where the accessing or use of the Service, or any Content or Products contained on or accessible through the Service, may be illegal. It is solely your responsibility to determine whether your use of the Service is lawful, and you must comply with all laws applicable in your jurisdiction, including any export restrictions. Wal-Mart Canada Corp. 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 Wal-Mart Canada Corp. provides or may provide. Wal-Mart Canada Corp. 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. Wal-Mart Canada Corp. 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.
Accounts, Account Passwords and Album Passwords
Some functions of the Service may require 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. Wal-Mart Canada Corp. 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 Wal-Mart Canada Corp. in its sole discretion. You may also create and use album passwords (“Album Password” or “Album Password”) for Materials you submit or post through the Service in order to allow you to give other users access to those Materials by providing them with the Album Password. The use of an Album Password does not restrict access by Wal-Mart Canada Corp. to the password-protected materials.
For security reasons, user IDs, passwords and Album 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 Wal-Mart Canada Corp. of any unauthorized disclosure or use of your user ID or password or Album Passwords, or if you know or suspect that those passwords have been lost or stolen or become known to any other person without your authorization. Wal-Mart Canada Corp. 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 COMPLETE, AND CAN BE CIRCUMVENTED. 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 (INCLUDING, WITHOUT LIMITATION, ANY PURCHASES) 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 Wal-Mart Canada Corp., and your Account may be cancelled or suspended at any time by Wal-Mart Canada Corp. without any prior notice or any liability to you or any other person. Without any limitation to the foregoing, if Wal-Mart Canada Corp., in its sole discretion, considers a password to be insecure or otherwise compromised, then Wal-Mart Canada Corp. may cancel the password and/or your Account.
You must respond promptly to all email and other correspondence from Wal-Mart Canada Corp. 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
Wal-Mart Canada Corp. 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 Wal-Mart
Canada Corp. to provide the Service, including enabling us to display your photos through the Service
(for example, in albums) and to fulfill any orders for you or others who have access to your Materials,
you grant to Wal-Mart Canada Corp. (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 . Wal-Mart Canada Corp.’s use, copying, distribution and/or display of any Materials in
available here (http://www.walmartphotocentre.ca/disclaimers/privacy.aspx), including, but not limited
to, the section entitled “How we Disclose Information” and “How we Use your Information”. For the
avoidance of doubt, Wal-Mart Canada Corp. 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 albums),
or (ii) in any Wal-Mart Canada Corp. advertisements or promotions.
You may allow others to access and use certain Materials by giving them the Album Password for your Albums. You grant to all users of the Service who enter the correct Album Password, permission to access, view, store, copy, reproduce, distribute, transmit, display, perform, and reproduce such Materials (in whole or in part) in any of the ways facilitated or provided by the Service.
You represent and warrant to Wal-Mart Canada Corp. that (a) Wal-Mart Canada Corp.’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, including but not limited to the right to grant permission to use the Materials to others by sharing your Album Password.
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.
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 Wal-Mart Canada Corp. (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 Wal-Mart Canada Corp. to preserve or retain such images and Wal-Mart Canada Corp. may at any time, in its sole discretion and without prior notice to you delete any such digital images. The Service does not provide long-term storage of digital images nor of photo products created using the Service. Wal-Mart Canada Corp. may remove your Materials and Products from the Service at its discretion once the associated order has been completed. WAL-MART CANADA CORP. 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,
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 amounts displayed through the Service are quoted in Canadian dollars and are exclusive of applicable taxes (including sales tax).
Wal-Mart Canada Corp. endeavours to provide current and accurate information through the Service. Nevertheless, misprints or other errors may occur. Accordingly, Wal-Mart Canada Corp. reserves the right to correct, at any time, any pricing errors. 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, Wal-Mart Canada Corp. cannot guarantee that goods or services advertised through the Service will be available when ordered or thereafter. Wal-Mart Canada Corp. also reserves the right at any time and in its sole discretion to reject, correct, cancel or terminate any order made through the Service.
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 Wal-Mart Canada Corp. otherwise fulfills your order and provides you with confirmation of the foregoing. You may not cancel an order after having submitted your 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, Wal-Mart Canada Corp. 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 Wal-Mart Canada Corp. 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
Wal-Mart Canada Corp. 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, Wal-Mart Canada Corp. 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, Wal-Mart Canada Corp. 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.
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 Wal-Mart Canada Corp. 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) your use of the photo archival services, (iv) any violation of these Terms and Conditions, (v) the use or misuse of the Service by your or any other person who accesses the Service using your Account, and (vi) 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
Wal-Mart Canada Corp.’s personal information practices with respect to the Service,
including the collection, use and/or disclosure of your personal information,
(http://www.walmartphotocentre.ca/disclaimers/privacy.aspx) the terms of which
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 Wal-Mart Canada Corp. This consent is sought by Wal-Mart Canada Corp.,
1940 Argentia Road, Mississauga, Ontario, L5N 1P9, http://www.walmartphotocentre.ca.
You may withdraw your consent by using the “Unsubscribe” link that is located at the bottom of
all promotional emails you receive from Wal-Mart Canada Corp. 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 Wal-Mart Canada Corp. in its sole discretion) constitute a legally binding agreement between you and Wal-Mart Canada Corp., effective upon your initial access of the Service unless and until terminated by you or by Wal-Mart Canada Corp.
Without limiting any other rights of Wal-Mart Canada Corp., if you breach any provision of this Agreement, then Wal-Mart Canada Corp. may revoke your Account and terminate this Agreement and may prohibit you from using the Service or from using and/or acquiring the Products.
You may terminate this Agreement at any time. To terminate this Agreement, you must notify the Service by
sending an email to the webmaster at email@example.com
from the e-mail address which
is associated with your Account. After receipt of your termination notice, Wal-Mart Canada Corp. will send
you an e-mail confirming termination of this Agreement and of your Account. The termination shall be effective
on the date the foregoing confirming e-mail is sent. Notwithstanding the foregoing, should you continue to use
the Service, you shall be deemed to have entered into a new Agreement.
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 Wal-Mart Canada Corp.
Wal-Mart Canada Corp. 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.
Wal-Mart Canada Corp. 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 Servie (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.
Wal-Mart Canada Corp. 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 Wal-Mart Canada Corp. takes any remedial action that it considers, in its sole discretion, to be appropriate.
If this Agreement is terminated by you or by Wal-Mart Canada Corp. 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, including payment of any charges accrued in connection with use of the Service, including without limitation purchases of any Products; (b) Wal-Mart Canada Corp. 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.
THE SERVICE AND THE PRODUCTS PROVIDED THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WAL-MART CANADA CORP. 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, WAL-MART CANADA CORP. 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, WAL-MART CANADA CORP. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE. WAL-MART CANADA CORP. 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.
WITHOUT ANY LIMITATION TO THE FOREGOING:
- THE OPERATION OF THE SERVICE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND WAL-MART CANADA CORP.'S CONTROL. THE OPERATION OF THE SERVICE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. PASSWORD PROTECTION MAY NOT PREVENT UNAUTHORIZED ACCESS TO MATERIALS YOU MAY USE OR ALLOW ANY OTHER PERSON TO USE IN CONNECTION WITH THE SERVICE, INCLUDING MATERIALS POSTED OR SUBMITTED THROUGH THE SERVICE;
- WAL-MART CANADA CORP. MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT PASSWORD PROTECTION FOR MATERIALS YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SERVICE, WILL PREVENT UNAUTHORIZED ACCESS TO THOSE MATERIALS OR THAT THE MATERIALS YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SERVICE, WILL NOT BE MISUSED BY ANY OTHER PERSON;
- YOU ARE SOLELY RESPONSIBLE FOR PROVISIONING, CONFIGURING AND MAINTAINING ALL EQUIPMENT AND SOFTWARE YOU USE OR ALLOW OTHERS TO USE IN CONNECTION WITH YOUR USE OF THE SERVICE AND THE ACQUISITION OF PRODUCTS THROUGH THE SERVICE, INCLUDING ALL COMPUTERS, TELEPHONE AND INTERNET SERVICE AND RELATED EQUIPMENT, PHOTOGRAPHIC EQUIPMENT, AND SOFTWARE. WAL-MART CANADA CORP. MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT THE SERVICE AND/OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT, PHOTOGRAPHIC EQUIPMENT AND SOFTWARE;
- WAL-MART CANADA CORP. IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF THE USERS OF THE SERVICE OR OTHER USERS OF THE PRODUCT. WAL-MART CANADA CORP. IS UNDER NO OBLIGATION TO EXERT CONTROL OVER THE MATERIALS POSTED OR SUBMITTED TO THE SERVICE NOR TO MONITOR, SCREEN, POLICE OR EDIT THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE LAWS OR THIS AGREEMENT. YOU MAY FIND SOME OF THE MATERIALS POSTED BY OTHER USERS AND MADE AVAILABLE TO YOU TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THE SERVICE AND RELATED PRODUCTS;
- WAL-MART CANADA CORP. MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT THE SERVICE AND/OR THE MATERIALS WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
- WAL-MART CANADA CORP. MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED THAT THE MATERIALS WILL BE BACKED UP, AND YOU HEREBY AGREE AND ACKOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR CREATING BACKUPS OF ANY CONTENT YOU POST TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS;
- WAL-MART CANADA CORP. MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT THE SERVICE, THE INFORMATION OBTAINED THROUGH THE SERVICE, OR ANY RESULTS, INFORMATION OR PRODUCTS THAT MAY BE OBTAINED THROUGH THE USE OF THE SERVICE WILL BE ACCURATE, COMPLETE, RELIABLE, TIMELY, OR AUTHENTIC;
- WAL-MART CANADA CORP. MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT THE USE OF THE SERVICE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY MATERIALS THROUGH THE SERVICE, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS OR BUGS; AND
- WAL-MART CANADA CORP. MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT THE USE OF THE SERVICE, INCLUDING THE DOWNLOADING AND REPRODUCTION OF MATERIALS POSTED OR SUBMITTED THROUGH THE SERVICE, WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHTS OF ANY PERSON.
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.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WAL-MART CANADA CORP.OR 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 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 WAL-MART CANADA CORP. OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF WAL-MART CANADA CORP. TOWARDS A PERSON FOR ANY TRANSACTION OR SERIES OF TRANSACTIONS SHALL BE LIMITED TO $25.00.
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.
Except for the Transaction Agreement which governs any purchase made on the Service, this Agreement represents the complete agreement between you and Wal-Mart Canada Corp. 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.
You may not assign these Terms and Conditions to any third party without the prior written consent of Wal-Mart Canada Corp. These Terms and Conditions will be binding upon and will enure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) Wal-Mart Canada Corp. and its successors and assigns.
The failure of Wal-Mart Canada Corp. to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Wal-Mart Canada Corp.'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.
Copyright © 2004-2013 Wal-Mart Canada Corp.