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Terms and Conditions

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Wal-Mart Canada Bank Website Terms of Use

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.

If you are using the Website to access or use your Walmart Rewards MasterCard® account, your use is also subject to the "My Account Online" Website Agreement that you agreed to when you enrolled for online access.

Wal-Mart Canada Bank reserves the right to update or modify the Agreement at any time without prior notice. Each time you use the Website you agree to be bound by this Agreement as it then reads. If you do not agree with each provision of this Agreement, you may not use the Website.

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.

If you are located outside of Canada and you choose to access and enter this Website, you are advised that it may not be legal in that jurisdiction for you to access or use the facilities available on this Website and the legal requirements of that jurisdiction may prohibit you from dealing or otherwise transacting in that jurisdiction.

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.

The Website also allows users to complete and submit applications for Wal-Mart Canada Bank products and services ("On-line Applications"), and to request specific types of information from Wal-Mart Canada Bank ("On-line Requests"). On-line Applications and On-line Requests may only be made using appropriate application forms and request forms available through the Website, and not through email.

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.

You authorize Wal-Mart Canada Bank to: (a) accept communications it receives from you by means of the Website as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to affiliates and service providers of Wal-Mart Canada Bank and Wal-Mart Canada Bank employees and representatives by means of the Website, email or other communications (when you have consented to the disclosure of such communications); and (c) respond to your communications by means of Internet communications, email or other communications.

Communications you send to Wal-Mart Canada Bank by means of the Website are not effective unless and until they are processed by the responsible Wal-Mart Canada Bank representative. Wal-Mart Canada Bank may refuse to process any communications sent to Wal-Mart Canada Bank by means of the Website, or may reverse the processing of any communications sent to Wal-Mart Canada Bank by means of the Website, at any time in Wal-Mart Canada Bank's discretion, and without any notice or liability to you or any other person, including without limitation if: (a) Wal-Mart Canada Bank cannot process the communications; (b) the communications violate any provision of this Agreement or any other agreement that you or any other person may have with Wal-Mart Canada Bank; (c) Wal-Mart Canada Bank considers that the communications may conflict with any other instructions from or agreements with you or any person you represent; (d) there is an operational failure or malfunction in connection with the transmission of the communications; or (e) if completion of the communication could violate any bank policies or procedures or any law, regulation, rule, standard or guideline of any governmental authority to which Wal-Mart Canada Bank or any of its Affiliates or Providers is subject.

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.

Wal-Mart Canada Bank 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 this Website. Other than the limited express licence set out below, access to this Website does not confer and shall not be considered as conferring upon anyone any license to any of the intellectual property of Wal-Mart Stores, Inc., Wal-Mart Canada Bank, Wal-Mart Canada Corp. or any third party.

The Wal-Mart Canada Bank names and logos and all related product and service names, design marks and slogans are the trade-marks or service marks of Wal-Mart Stores, Inc. and are used in Canada under license by Wal-Mart Canada Bank. All other marks are the property of their respective companies. No trade-mark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.

References on this Website 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 Wal-Mart Canada Bank's endorsement, sponsorship or recommendation of the third party, information, product or service.

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.

Other than in accordance with the limited licence granted above, you may not reproduce, communicate, publish, transmit, distribute, display, modify, translate, create derivative works from, sell or participate in any sale of or use or exploit in any way, in whole or in part, any of the Content, the Website or any related software.

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.

Wal-Mart Canada Bank will investigate occurrences that may involve violations of the above restrictions 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 this Website or any activity being conducted on this Website. 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 this Website other than the search engine and search agents available from Wal-Mart Canada Bank on this Website and other than generally available third party web browsers (e.g. Microsoft Explorer).

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.

Emails and Internet communications are not secure or confidential unless properly encrypted. Consequently, Wal-Mart Canada Bank discourages the use of email to send personal or financial information to Wal-Mart Canada Bank. Persons that use emails and Internet communications for those purposes do so at their own risk, and Wal-Mart Canada Bank and the Affiliates and Providers will not be responsible or liable to you or any other person for any loss or damage suffered as a result of your use of email or the Internet to communicate with Wal-Mart Canada Bank or the Affiliates and Providers, or the use of email or the Internet by Wal-Mart Canada Bank or the Affiliates and Providers to communicate with you or other persons at your request.

Certain parts of the Website, including portions of the Internet Banking system are located outside of Canada. The information you submit through the Website may be stored inside or outside of Canada. Information stored outside of Canada may be subject to the laws of the jurisdiction in which the information is stored, and these laws (including laws requiring the disclosure of personal or confidential information to law enforcement or other officials) may be different from Canadian laws.

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.

16. General

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.

Wal-Mart Canada Bank is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any use of the Comments; or (3) to respond to any of your Comments. You agree that no Comments submitted by you to the Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Do not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

18. Indemnification

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.

19. Privacy

Please refer to Wal-Mart Canada Bank's Online Privacy Policy under the "Privacy Policy" link.

20. DISCLAIMER

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.

YOU ACKNOWLEDGE, BY YOUR USE OF THE WALMARTCANADAFINANCIAL SERVICES.CA WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

YOU ARE SOLELY RESPONSIBLE FOR: (A) OBTAINING, CONFIGURING AND MAINTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR YOU TO ACCESS AND USE THE WEBSITE; (B) SCANNING FOR AND PREVENTING THE RECEIPT AND TRANSMISSION OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; AND (C) MAINTAINING A COMPLETE AND CURRENT BACKUP OF ALL OF THE INFORMATION CONTAINED ON YOUR COMPUTER SYSTEM PRIOR TO ACCESSING OR USING THE WEBSITE.

THE INTERNET IS NOT A SECURE MEDIUM, MAY BE SUBJECT TO INTERRUPTION AND DISRUPTION, AND INADVERTENT OR DELIBERATE BREACHES OF SECURITY AND PRIVACY. THE OPERATION OF THE WEBSITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND WAL-MART CANADA BANK'S CONTROL. THE OPERATION OF THE WEBSITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED, SECURE OR PRIVATE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WAL-MART CANADA BANK AND THE AFFILIATES AND PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT: (A) THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (D) THE INFORMATION CONTAINED IN THE WEBSITE OR DERIVED FROM THE WEBSITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; (E) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE ACCESS TO OR USE OF THE WEBSITE; (F) THE ACCESS TO AND USE OF THE WEBSITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR (G) THE ACCESS TO AND USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND WAL-MART CANADA BANK AND THE AFFILIATES AND PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING ANY SUCH MATTERS TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

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.

Any dispute between Wal-Mart Canada Bank and you or any other person arising from, connected with, or relating to the Website, this Agreement, access to or use of the Website, or any related matters ("Disputes") must be resolved before the Courts of the Province of Ontario, Canada sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of all Disputes. Any proceeding regarding a Dispute must be commenced in a court of competent jurisdiction in Toronto, Ontario, Canada within six (6) months after the Dispute arises, after which time any and all proceedings regarding the Dispute are barred.