This version in effect since November 19, 2009
1. Acceptance of this Agreement
This is an agreement (the "Agreement") between you and Wal-Mart Canada Bank and governs your access to
and use of the walmartcanadafinancialservices.ca website (the "Website"), including all on-line tools
(such as applications and calculators) available on or through the Website. Although you may "bookmark"
a particular portion of this Website and thereby bypass this Agreement, your use of this Website still
binds you to the terms of the Agreement.
2. Permitted Users
The Website is intended for use only by individuals located in Canada and who have reached the age of
majority in their jurisdiction of residence, can form legally binding contracts under applicable law,
and have accepted this Agreement. The Website is not intended for persons resident or located outside
Canada. Wal-Mart Canada Bank may in its discretion refuse permission to access and use the Website.
3. Internet Banking, Applications & Requests
Certain portions of the Website relating to on-line transactions ("Internet Banking") may be accessed only
by Wal-Mart Canada Bank customers who have agreed to be bound by the "My Account Online" Website Agreement
and to whom a personal access number and password have been issued or chosen.
4. No Advice
Except for Internet Banking, On-Line Applications and On-line Requests, the Website is for informational or general illustrative purposes only. The Website is not guaranteed to be accurate, complete, or timely. The Website is not intended to be a comprehensive or detailed statement concerning tax, banking, accounting, legal or investing issues, and nothing on this Website should be should be interpreted to be advice or recommendations or an offer or solicitation to sell or buy any stocks, bonds or other financial instrument or any product or service. You should obtain qualified professional advice before acting or omitting to act based upon any information provided on or though the Website.
5. No Other Transactions
Except for Internet Banking, On-line Applications and On-line Requests, the Website is established solely for the distribution of information by Wal-Mart Canada Bank where permitted by law, and may not be used by you or any other person for any other types of transactions or to provide instructions or information to Wal-Mart Canada Bank or any other person.
6. Information Submissions & Communications
All information you provide through the Website must be true, accurate, current and complete. Wal-Mart Canada
Bank will rely on the information you provide. You will be solely responsible and liable for any and all loss,
damage, and additional costs that you, Wal-Mart Canada Bank or any other person may incur as a result of your
submission of any false, incorrect or incomplete information.
7. Copyrights and Trade-marks
Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs,
programs, video clips and written and other materials that are part of this Website (collectively, the "Content")
are subject to intellectual property rights, including copyrights and trade-marks, held by or licensed
to Wal-Mart Stores, Inc., Wal-Mart Canada Bank, Wal-Mart Canada Corp. 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 Website is the exclusive property of Wal-Mart Canada Bank
and is also protected by Canadian, U.S. and international copyright laws.
8. Use Of This Site
This Website and the Content are intended solely for personal, non-commercial use. Wal-Mart Canada Bank
grants you a non-transferrable, limited, revocable licence to download or copy the Content and other
downloadable materials displayed on the Website for your personal use only, provided that you maintain
all copyright and other notices contained on the Website or in the Content. No right, title or interest
in any downloaded materials or software is transferred to you as a result of any such downloading or copying.
9. Website Use Limitations
You agree that you will not violate or attempt to violate the security of the Website, including, without
limitation, by (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, submitting a virus,
spider, robot, worm, intelligent agent or other malware to the Website, or overloading, "flooding," "spamming,"
"mailbombing" or "crashing" the Website; (d) sending unsolicited email, including promotions and/or
advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header
information in any email or newsgroup posting.
10. Linking, Framing, Mirroring, Scraping & Data-Mining the Website
Links to the Website without the express written permission of Wal-Mart Canada Bank are strictly prohibited. Wal-Mart Canada Bank reserves the right to cancel and revoke any permission it may give to link to the Website at any time, for any reason, without any notice, and without any liability to you or any other person. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any method are strictly prohibited.
11. Confidentiality & Security
Wal-Mart Canada Bank uses data encryption and firewalls to maintain the security of the information it receives
through the Website. Nevertheless, security and privacy risks cannot be eliminated. As a further security
precaution, you must access and use the Website using commercially available browser software (such as a current
version of Internet ExplorerTM) that provides 128-bit encryption and SSL (Secure Sockets Layer) technology,
and you may not use your browser software's "save password" feature. Once you have initiated a session in
connection with the Website, you must not leave the computer from which you have accessed the Website unless
and until you have terminated the session and logged off the Website. When you complete a session, you are
responsible for securing the computer you used to access the Website and for clearing your browser's cache
or temporary Internet files to ensure your personal information is not accessible by others.
12. Errors & Corrections
Wal-Mart Canada Bank endeavours to provide accurate information on and through the Website, but does not guarantee the accuracy, completeness, or timeliness of the information available on or through the Website. Wal-Mart Canada Bank may in its discretion change the information available on or through the Website at any time and from time to time without any notice or liability to you or any other person.
13. Currency, Interest Rates & Mutual Funds
All references in the Website to currency are to the lawful money of Canada, unless expressly stated otherwise. Interest rates indicated on the Website are subject to change without prior notice.
14. Third Party Websites
The Website may include advertisements for, information about, or links to, other businesses or Internet websites or resources operated by other persons (collectively "Third Party Websites"). Third Party Websites are independent from Wal-Mart Canada Bank, and Wal-Mart Canada Bank has no responsibility or liability for or control over Third Party Websites or the information, goods or services available from or through those Third Party Websites. Links to Third Party Websites are provided solely for your convenience. Unless otherwise indicated, Wal-Mart Canada Bank does not sponsor, endorse or approve any Third Party Websites, or the information, goods or services available from or through those Third Party Websites. Your dealings with, access to and use of Third Party Websites is at your own risk, and you will not make any claim against Wal-Mart Canada Bank arising out of your access to or use of any Third Party Websites.
15. Termination of this Agreement & the Website
Wal-Mart Canada Bank may, at any time and for any reason and in its discretion: (a) change, suspend or terminate, temporarily or permanently, the Website or any part of it; or (b) restrict, suspend or terminate (in whole or in part) your permission to access or use the Website; all without any notice or liability to you or any other person. If your permission to access or use the Website is terminated by Wal-Mart Canada Bank or if you cease using this Website because you no longer want to comply with the terms of this Agreement, this Agreement and all other then existing agreements between Wal-Mart Canada Bank and you or any persons you represent will continue to apply and be binding upon you in respect of your prior access to and use of the Website.
This Agreement represents the complete agreement between you and Wal-Mart Canada Bank in relation to the Website provided that if you have elected to enter into the "My Account Online" Website Agreement, this Agreement and the "My Account Online" Website Agreement represent the complete agreement between you and Wal-Mart Canada Bank in relation to the Website. If you have elected to receive electronic delivery of documentation, you are also bound by the Terms and Conditions Relating to the Electronic Delivery of Documentation, and in the event of any inconsistency between the Terms and Conditions Relating to the Electronic Delivery of Documentation and this Agreement, the wording of the Terms and Conditions Relating to the Electronic Delivery of Documentation will govern. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be removed from this Agreement only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Wal-Mart Canada Bank 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 Bank's rights with respect to such breach or any subsequent breaches. 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. Any action or proceeding arising out of or related to this Agreement or your use of this Website must be brought in the courts of the Province of Ontario located in Toronto, Ontario.
17. User Comments, Feedback, Postcards and Other Submissions
All comments, feedback, postcards, suggestions, ideas, and other submissions submitted or offered to Wal-Mart
Canada Bank on or by this Website or otherwise submitted or offered in connection with your use of this
Website (collectively, the "Comments") shall be and remain the exclusive property of Wal-Mart Canada Bank.
Any submission or offer of any Comments shall constitute an assignment to Wal-Mart Canada Bank of all worldwide
rights, titles and interests in all copyrights and other intellectual properties in the Comments.
You agree to defend, indemnify and hold Wal-Mart Canada Bank harmless from and against any and all loss, actions, claims, damages, costs and expenses, including legal fees and disbursements on a full indemnity basis, arising from or related to your use of the Website. This provision shall survive the termination of this Agreement and remain in full force and effect.
THIS WEBSITE IS PROVIDED BY WAL-MART CANADA BANK ON AN "AS IS" AND "AS AVAILABLE" BASIS. WAL-MART CANADA
BANK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE
WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, WAL-MART CANADA BANK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
21. 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 BANK OR ANY OF ITS 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 WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF WAL-MART CANADA BANK HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
22. Governing Law & Dispute Resolution
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws
of the Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private
international law or the conflict of laws that would lead to the application of any other laws.