Last Updated May 5, 2017
Terms of Use
Information Provided on the Walmart Applications
Procedure for Making a Claim of Copyright Infringement
Third-Party Software & Licensing Notices
1. Introduction
These applications (collectively "Walmart Applications") are provided by Wal-Mart.com USA, LLC and Wal-Mart Stores, Inc (collectively, "Walmart").. By using one of the Walmart Applications, you accept this Agreement and certify that you are above the age of majority in your jurisdiction. Additional terms and conditions apply to some services offered on the Walmart Applications and may be found at the place where the relevant service is offered. When you use Walmart.com, or Walmart Grocery, you are also subject to the terms of use for those services, available here: Walmart.com Terms of Use
We may change the terms of this Agreement from time to time. By continuing to use any of the Walmart Applications after we post any such changes, you accept the Agreement, as modified.
2. Use of Walmart Applications
You certify that the information you provide in using the Walmart Applications is accurate and complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password and PIN. You are responsible for all activities that occur in your account. Walmart shall not be responsible for any losses arising out of the unauthorized use of your account. You agree that Walmart does not have any responsibility if you lose or share access to your device. The terms of your credit card, debit card, or other form of payment with the issuer will continue to govern your use of your payment method on Walmart.com and the Walmart Applications. You agree that Walmart is not a party to your cardholder/issuer agreement nor is Walmart responsible for the content, accuracy or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, we may change, restrict access to, suspend, or discontinue the Walmart Applications, or any portion of the Walmart Applications, at any time without notice.
Walmart and its affiliates have no liability to you for content on the Walmart Applications that you find offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, and computer games are labeled with age restrictions and may be intended for mature audiences only. By ordering an age-restricted item, you certify that you satisfy the age restrictions.
We sell products for children's use; however, these products are intended for selling to adults. If you are under the age of majority in your jurisdiction, you may use the Walmart Applications only with involvement of a parent or guardian. Individuals may use the Walmart Applications to create gift or wish lists for individuals, including children under the age of 13 by making product selections for the child; additional personally identifiable information about the child should not be provided.
You are prohibited from:
Walmart allows users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through the Walmart Applications ("Content"). Content should be written in English.
By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent or legal guardian who agrees to be bound by this Agreement; and (3) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity.
A. License Grant for Submitted Content
If you make any submission to the Walmart Applications, you automatically grant, or warrant that the owner of such content has expressly granted Walmart, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. Walmart may sublicense its rights through multiple tiers of sublicenses. You should not submit any Content to us that you do not wish to license to us. Walmart is and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay any compensation for any Content; or (3) to respond to any user Content. You grant Walmart the right to use the name that you submit in connection with any Content.
B. Prohibited Content
You represent and warrant that you will not submit the following Content:
Although Walmart cannot monitor all Content, you understand that Walmart shall have the right, but not the obligation, to monitor the Content of the Walmart Applications to determine compliance with this Agreement and any other operating rules that may be established by Walmart from time to time. Walmart shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted, to or posted on, the Walmart Application for any reason, including violation of this Agreement, whether for legal or other reasons. Notwithstanding this right of ours, you are solely responsible for any Content you submit and you agree to indemnify Walmart and its affiliates for all claims resulting from any Content you submit.
References on Walmart Applications to any names, marks, products, or services of third-parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third-party, its information, products, or services. Walmart is not responsible for the content of any third-party linked site or any link contained in a linked site. Your use of a third-party site linked from a Walmart Application is at your own risk and will be governed by such third-party's terms and policies.
5. Order Acceptance and Billing
All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Prior to accepting an order we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Walmart may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). You will not be charged for most orders until the order has shipped. Some other exceptions when you will be charged at the time your order is placed are: (i) orders or preorders paid for with a Gift Card, eGift Card or PayPal account; and (ii) orders paid using the in-store "Cash" payment method.
Walmart reserves the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will notify you should such limits be applied. Walmart also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from Walmart for the purpose of engaging in a commercial sale of that same product(s) with a third-party.
By purchasing a product or service from any of our Marketplace Retailers, you acknowledge that all Marketplace orders will be fulfilled by the third-party Marketplace Retailer and not Walmart. The Marketplace Retailer will be responsible for all processing, shipping, returns, and customer service related to your Marketplace order. Products purchased from a Marketplace Retailer can only be returned to that Marketplace Retailer in accordance with its return policy and cannot be returned to Walmart stores or Walmart.com. Each Marketplace Retailer's shipping information, return policy, customer service information, and Marketplace Privacy Policy can be found on that Marketplace Retailer's Retailer Information page.
Walmart cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the Walmart Applications or through Walmart Marketplace retailers. Walmart reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Walmart. Walmart may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Walmart Applications or from prices available in Walmart stores or on Walmart websites (pricing and availability remain subject to confirmation at checkout for mobile users).
Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise offered. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.
Delivery of items purchased from the Walmart Applications to addresses outside the United States is limited. Some items also have restricted delivery within the United States. For delivery restrictions, please review the following: https://www.walmart.com/cservice/contextual_help_popup.gsp?modId=119506. Some items are available for pick-up at physical store locations. Delivery times are determined based on the method of shipping chosen when items are purchased and the destination of the items.
9. Information Provided on the Walmart Applications
Walmart and our customers post a variety of material on the Walmart Applications including without limitation, merchandise information, product descriptions, reviews, comments, health and prescription information, and In Store Now information (collectively, "Materials"). The Materials that appear on the Walmart Applications are for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found on the Walmart Applications, you should confirm any facts that are important to your decision. Walmart and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Walmart Applications. Walmart is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. Product information contained on the Walmart Applications may be different from information contained on the product materials due to manufacturer changes. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return).
No health, wellness, prescription, or pharmaceutical information is intended to substitute for the diagnosis, treatment and advice of a medical professional and this information does not cover all possible uses, precautions, side effects and interactions and should not be construed to indicate that any drug is safe for you. Consult the product information (including package inserts) regarding dosage, precautions, warnings, and interactions and your medical professional for guidance before using any prescription or over the counter drug.
WALMART, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON ANY OF THE WALMART APPLICATIONS.
Walmart Applications may permit customers to scan products at Walmart stores with their mobile devices and use mobile checkout solutions ("Mobile Checkout Services"). By using any Mobile Checkout Services, you agree to accurately scan all products before checkout and pay for all products you obtain from any Walmart store. If you are unable to scan any products for any reason, including without limitation due to lack of connectivity with your mobile service, please consult with a Walmart employee to make sure all items are reflected on your physical or electronic receipt. You agree that Walmart or its affiliates may review the products in your possession and/or your receipt at any time and request that any products be re-scanned or product or order price be re-calculated. In the event you and any Walmart employee calculate different totals for your purchase, the calculation confirmed by the Walmart employee shall be the amount payable by you. You agree to fully cooperate with Walmart and its employees during your use of any Mobile Checkout Services, including without limitation providing any identification or verification required for the purchase of certain products. Walmart may restrict, suspend or terminate your right to use any Mobile Checkout Services at any time in their sole discretion. Walmart may cease or suspend offering any Mobile Checkout Services at any time without notice to you.
By using Walmart Pay, you agree to receive an eReceipt in lieu of a paper receipt for all purchases made through Walmart Pay. You must register through a Walmart.com account to receive eReceipts.
There is no charge from Walmart to use Walmart Pay, but your data service provider’s message and data charges may apply. Except as otherwise provided by law, Walmart may block, restrict, suspend or terminate your use of Walmart Pay at any time, without notice and in its sole discretion. Your use of Walmart Pay is subject to Walmart’s Privacy Policy, which is available at http://corporate.walmart.com/privacy-security/walmart-privacy-policy.
You are solely responsible for maintaining the confidentiality and security of your account including username, password and PIN. You are responsible for all activities that occur in your account. Walmart shall not be responsible for any losses arising out of the unauthorized use of your account. You agree that Walmart does not have any responsibility if you lose or share access to your device. The terms of your credit card, debit card or other form of payment with the issuer will continue to govern your use of your payment method on Walmart.com and the Walmart Applications. You agree that Walmart is not a party to your cardholder/issuer agreement nor is Walmart responsible for the content, accuracy or unavailability of any method used for payment.
All Walmart policies applicable to sales occurring at a store location including, but not limited to those regarding Ad Match, Price Matching, Coupon use, Returns and Exchanges apply to purchases made through Walmart Pay. Walmart reserves the right to limit the availability of Walmart Pay during specific times, for specific items or for certain events or promotions. Walmart, at our sole discretion, may limit the quantity of items purchased per person, per household or per order for any reason and to prohibit sales to dealers or resellers without prior notice. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from Walmart for the purpose of engaging in a commercial sale of that same product(s) with a third party.
Some products or services may not be eligible for purchase using Walmart Pay, or may require additional verification prior to completion of purchase through Walmart Pay. These products and services may include but are not limited to: tobacco, alcohol, firearms, optical, photo products and services, or products requiring a service agreement such as wireless, automotive or financial products.
Your device’s camera must be enabled in order to use Walmart Pay to complete the checkout process and to use additional features. Enabling the Walmart Application to utilize location services on your device, will provide you with other Walmart Pay features. You can turn off location services at any time on your device.
Walmart Applications may permit or require the use of electronic receipts (“eReceipt”) for purchases made through a mobile device or other electronic device.
To register for eReceipts, you must first have an account with Walmart.com and then validate your mobile number via a text message. Walmart.com accounts are subject to the Walmart.com Terms of Use. If you initiate the registration process for eReceipts at the cash register you will be required to enter a mobile number into the PIN pad and then validate your mobile number via a text message, By registering for an eReceipt Walmart you consent to receive an automated text message and accept any message and data rates that may apply for receipt of a text messages.
There is no charge from Walmart to use Walmart eReceipts, but your data service provider’s message and data charges may apply. Supported text message carriers include AT&T, Verizon Wireless, Sprint, Virgin Mobile, Boost, T-Mobile and Metro PCS. Text message carriers are not liable for delayed or undeliverable messages.
All information provided by users of the Walmart eReceipts will be controlled by Walmart's Privacy Policy which is available at:http://corporate.walmart.com/privacy-security/walmart-privacy-policy, the terms of which are incorporated here by this reference.
Walmart may alter, suspend or terminate use of eReceipts at any time at its discretion without notice to the user. Walmart is not responsible for any losses associated with a user’s inability to access the internet and/or eReceipts. Requesting an eReceipt at the register will not automatically submit your eReceipt to Savings Catcher. Use of the Walmart eReceipts is subject to all applicable laws and regulations.
The risk of loss and title to gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. Your purchase and use of gift cards is subject to the full terms and conditions related to gift cards, available here: http://help.walmart.com/app/answers/detail/a_id/57/~/gift-card-terms-and-conditions.
You acknowledge that some goods licensed or sold on the Walmart Applications are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received and agree to comply with all applicable laws. By purchasing, downloading or using technology or software from the Walmart Applications, you agree to abide by the applicable laws, rules and regulations and you agree, represent and warrant that no Walmart Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported to any restricted territory (or national resident thereof), any person, entity or organization on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List, or otherwise in violation of law.
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the "IP") are owned, controlled or licensed by Walmart, one of its affiliates or by third-parties who have licensed their materials to Walmart and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on the Walmart Applications for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third-party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Walmart Applications or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Walmart Applications or any related software. All software used on the Walmart Applications is the property of Walmart or its suppliers and protected by U.S. and international copyright laws. The IP and software on the Walmart Applications may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this Site is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on the Walmart Applications is the exclusive property of Walmart and is also protected by U.S. and international copyright laws.
Walmart, Wal-Mart, the Walmart.com names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Walmart Applications are trademarks or trade dress of Walmart in the U.S. and other countries. All other marks are the property of their respective companies.
We have made significant efforts to accurately display the colors of products that appear on the Walmart Applications. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish.
You acknowledge that any personal information that you provide through the Walmart Applications will be used by Walmart in accordance with Walmart's Privacy Policy at:http://corporate.walmart.com/privacy-security/walmart-privacy-policy, the terms of which are incorporated here by this reference. If you purchase an item on Walmart.com sold by a Marketplace Retailer, Walmart shares certain information with that Marketplace Retailer to permit the Marketplace Retailer to fulfill and ship your order, process returns, and provide customer service. Walmart requires Marketplace Retailers to keep your information secure and use it only in accordance with the Marketplace Retailer's Marketplace Privacy Policy which can be found on that Marketplace Retailer's Retailer Information page.
You agree to defend, indemnify, and hold harmless Walmart and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Walmart Applications or any breach by you of this Agreement.
This Agreement is effective unless and until terminated by either you or Walmart. You may terminate this Agreement at any time, provided that you discontinue any further use of the Walmart Applications. Walmart also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Walmart Applications, if in Walmart's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Walmart, you must promptly destroy all materials downloaded or otherwise obtained from the Walmart Applications, as well as all copies of such materials, whether made under this Agreement or otherwise. The following sections shall survive any termination of this Agreement: "Use of the Walmart Applications," "Content Submission," "Order Acceptance and Billing," "Pricing Information," "Information Provided on the Walmart Applications," "Export Policy," "Intellectual Property," "Indemnification," "Termination," "Disclaimer," "Limitation of Liability," "Privacy," and "General."
THIS SITE IS PROVIDED BY WALMART 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 WALMART APPLICATIONS OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WALMART APPLICATIONS. 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. WITHOUT LIMITING THE FOREGOING, WALMART DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE WALMART APPLICATIONS. YOU ACKNOWLEDGE, BY YOUR USE OF THE WALMART APPLICATIONS, THAT YOUR USE OF THE WALMART APPLICATIONS IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WALMART OR ANY OF ITS AFFILIATES, 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 WALMART APPLICATIONS, 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 WALMART HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL WALMART BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WALMART APPLICATIONS DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. 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 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 California law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of the Walmart Applications must be brought in the state or federal courts of California and you consent to the exclusive personal jurisdiction of such courts.
22. Procedure for Making a Claim of Copyright Infringement
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Walmart Applications in a way that constitutes copyright infringement, please see our DMCA Procedure for instructions on how to contact us to report possible copyright infringement.
23. Third-Party Software & Licensing Notices
Walmart Applications may include certain third-party technologies and open source materials (collectively, "Third-Party Technology"). Your use of such Third-Party Technology is subject to this Agreement as well the applicable terms and conditions of such third parties, set forth at https://help.walmart.com/app/answers/detail/a_id/1657/kw/software which is incorporated in this Agreement by reference Some of the terms and conditions applicable to Third-Party Technology are accessible through links to third-party websites. If you are unable to access the additional terms and conditions through the links due to updates, technical issues with third-party websites or for any other reason, use of such Third-Party Technology shall remain subject to the license terms associated with the Third-Party Technology and you should use reasonable efforts to locate such terms and conditions applicable to use of the Third-Party Technology on the Internet.