Terms of Use
Walmart Pharmacy Services Application Agreement
Last updated on: Nov 15, 2022
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY.
The following terms of use ("Agreement") shall constitute a legal agreement between you and Wal-Mart Pharmacy Limited, Wal-Mart Pharmacy (B.C.) Limited, Wal-Mart Pharmacy (Sask.) Limited or Wal-Mart Pharmacy (NS) Limited, as applicable (“Walmart Pharmacy”) for the creation of your service account (the “Service Account”) related to your access/activation and use of Walmart Pharmacy Services ("Services") provided by Walmart Pharmacy through a web site or a mobile application (collectively, the "Application").
This Agreement also incorporates by reference, the Walmart Terms of Use available at https://www.walmart.ca/en/help/legal/TermsOfUse (“Walmart Canada Terms of Use”), which shall also apply to your use of the Application, such Application constituting part of the Site (as defined in the Walmart Canada Terms of Use). By your use of the Application, you are taken to have read and agreed to the terms of this Agreement. If you do not agree with this Agreement, you must not use the Application. This Agreement will apply every time you use the Application.
The Application is not intended for use by persons under the age of majority in your jurisdiction. If you are not of the age of majority in your jurisdiction, you must only use this Application under the supervision of your parent or legal guardian who agrees to the Agreement. If you are a parent or legal guardian agreeing to the Agreement, you must monitor and supervise the use of this Application by the minor and you are fully responsible for the minor’s use of this Application, including all financial charges and legal liability that he or she may incur. If there is a conflict between this Agreement and the Walmart Canada Terms of Use as it applies to the Services, the terms of this Agreement shall govern your use of the Services and the Application.
Walmart Pharmacy reserves the right to update or modify this Agreement at any time without prior notice. If the Agreement has been updated, Walmart Pharmacy will post the new Agreement on the Application and note the date that it was last updated. Your use of the Application following any such posting constitutes your unconditional agreement to follow and be bound by this Agreement as changed.
Application Description All rights, title and interest in and to the Application (in object and source code forms), copies thereof and related materials shall be retained by and are understood to be the sole property of TELUS Health Solutions Inc. (“TELUS Health”) and/or its partners or suppliers (as the case may be) and used by Walmart Pharmacy under license. You acknowledge and understand that: (i) this Agreement is concluded between you and Walmart Pharmacy only, and not with TELUS Health, and that Walmart Pharmacy is solely responsible for the Services; and (ii) TELUS Health is not the service provider of the Services and any claim under this Agreement or in respect of the Services will solely be brought against Walmart Pharmacy. Walmart Pharmacy grants you a personal, revocable, non-exclusive, non-transferrable, non-sub-licensable, limited license to install and use the Application, either on your device or to access, subscribe and use the Services on the web. You agree that your use of the Application and access to all material and content forming part of or related to the Application, shall be at your sole risk.
THE APPLICATION IS NOT INTENDED TO REPLACE OR SUBSTITUTE THE ADVICE OF YOUR PHYSICIAN, PHARMACIST OR OTHER HEALTH CARE PROFESSIONAL. You should speak to your pharmacist or other health care professionals about any questions that you have about your prescription drugs or your health care.
Term and Termination This Agreement and your license to use the Application commence upon the earlier of your acceptance of this Agreement by clicking on the "I AGREE" check box below or using the Application, as applicable, and will continue until you fail to comply with the terms and conditions of this Agreement or this Agreement is terminated. Walmart Pharmacy may, in its sole discretion immediately terminate this Agreement at any time and for any reason. In addition, your rights under this Agreement will automatically terminate without notice from Walmart Pharmacy if you fail to comply with any terms of this Agreement. Upon termination of this Agreement, you will stop using the Application. Walmart Pharmacy will not be liable to you or any third party if Walmart Pharmacy terminates this Agreement. You may terminate this Agreement and your Service Account at any time by deleting your Service Account using the ‘Delete Account’ option within the Application.
Fees The Application is provided free of charge. However, you may incur third party data costs associated with an Internet connection when you install and/or use the Application, including Application updates and activities.
Use of the Application In order to use the Application, you must be a resident of Canada. You acknowledge that the accuracy and completeness of the data within your Service Account is not within TELUS’ control, and that you may not have access to your complete patient record through the Services, and therefore, it may not always be accurate or up-to-date and should be viewed by you as informational only. You can only use the Application for your own individual use and in compliance with law. The performance of the Application may depend on the speed of the Internet connection, the device specifications and memory storage, and other technical conditions which may be outside of Walmart Pharmacy's control. You consent to receiving communications from time to time related to the Application, including updates, modifications or enhancements to the Application or any other service announcements, directly through the Application through push notifications, or via SMS or email. You consent to the use of your personal information by TELUS Health and its third-party service providers as approved by Walmart Pharmacy as necessary to provide any SMS notification services. You consent to Walmart Pharmacy electronically updating, modifying or enhancing the Application, and agree that this Agreement will apply to all such updates, modifications or enhancements, unless accompanied by a separate or updated agreement. From time to time and without prior notice to you, Walmart Pharmacy may change, expand or improve the Application. Any change, expansion, improvement or withdrawal of the Application will be done in Walmart Pharmacy’s sole and absolute discretion and without an ongoing obligation or liability to you. Your use of the Application does not entitle you to the continued use or availability of the Application. You are under no obligation to use or continue to use the Application and may temporarily or permanently cease to use the Application without notice to Walmart Pharmacy.
In using the Application, you will not (nor authorize or permit any other party to):
a) use the Application to perform any activity that violates any applicable laws and/or use the Application to transmit or send any inappropriate, improper, excessive, threatening or obscene material, or to otherwise harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity;
b) engage in any activity that could compromise the security of or disrupt or interfere with the Application or any network or computers on the internet or disrupt or interfere with the services of any third party;
c) invade anyone's privacy by any means including but not limited to, by: (i) misrepresenting the source of anything you may post, including impersonation of another individual or entity; or (ii) attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their foreknowledge and willing consent;
d) knowingly provide false or misleading information;
e) circumvent, decrypt or bypass any technology that is used to protect the Services;
f) perform any activity that would harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites, or servers, including but not limited to spamming; or
g) disassemble, decompile, or reverse engineer any software included and/or use in the Application, except and only to the extent that the law expressly permits this activity.
In regard to SMS notification services, you further agree that you will:
(i) not attempt to use the SMS notification services to access or allow access for emergency services; and
(ii) comply with the third party Acceptable Use Policy, available at the following address: https://www.twilio.com/legal/aup.
You Are Responsible For Your Service Account You are solely responsible for all activities that take place with your sign-in credentials (username and password) and you are responsible to ensure that you and only you use your Service Account. You are responsible for maintaining the confidentiality of your credentials and are similarly responsible for all uses of your Service Account with such credentials whether or not such uses are actually authorized by you. You must immediately notify Walmart Pharmacy if the security of your Service Account has been compromised. Walmart Pharmacy is not required to confirm the identity or the access right of the user if such user uses your credentials. Non-personal and commercial service accounts are prohibited on the Services in the absence of additional signed agreements with Walmart Pharmacy that explicitly allow such account use.
Privacy You consent to Walmart Pharmacy collecting, using and storing the User Information in accordance with the terms of the Walmart Pharmacy Privacy Notice (https://www.walmartcanada.ca/pharmacy-privacy-notice), including but not limited to the following purposes:
a) creating and managing your Application user profile and facilitating any other Application functionality;
b) evaluating and improving the Application; and
c) notifying you about changes to the Application and updates to this Agreement.
This notice will serve as your sole notice that installing and using the Application will result in the collection, use and storage of User Information by Walmart Pharmacy, and you may not receive any subsequent reminders or further notice.
"User Information" means all user profile information (e.g. first name, last name, email address, date of birth, username and password, phone number (optional)) and other information entered by you into the Application either manually or via a third-party source.
Warranty and Disclaimer A variety of information, text, graphics, videos and other materials ("Content") may be provided by third-party suppliers and available through the Application. Walmart Pharmacy cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content. The Content available is provided with the understanding that neither Walmart Pharmacy nor its suppliers are engaged in rendering medical, counseling, legal or other professional services or advice. Such Content is intended solely as a general educational aid. For greater clarity, Walmart Pharmacy does not operate, control or supply any Content, product, or service that is not clearly identified as supplied by Walmart Pharmacy.
Except as expressly set forth in this Agreement and to the fullest extent permitted by the law that applies to your jurisdiction, Walmart Pharmacy provides the Services "as-is" and "as available" with no additional representations, conditions or warranties, either express or implied, including without limitation those of merchantability, merchantable quality, durability, quality, fitness for a particular purpose, workmanlike effort and non-infringement and any warranties arising from course of dealing, usage or trade practice. Walmart Pharmacy does not guarantee timely, error-free or uninterrupted Services or the accuracy or timeliness of information available from the Services. The Services may fail or be interrupted or temporarily suspended for reasons including, but not limited to, environmental conditions, technical limitations, defects or failures, limitations of the systems of telecommunications companies, emergency or public safety requirements, or other causes beyond Walmart Pharmacy's reasonable control. The Services are not intended for medical use, for medical case management, or for diagnosis, treatment or cure. You acknowledge that the Services do not provide medical or any other health care advice, diagnosis or treatment. The Services should not be considered a medical device or a replacement or substitute for the standard practices, professional judgment, skill and expertise of the health professional using them, but as a computer aid for the health professional. The absence of an alert (i.e., a technological alert by the Application or otherwise through the Services) for a specific situation or a combination of specific situations should not be considered as an assurance that the specific situation or combinations of specific situations are without risk to you and your health. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, diet, fitness or wellness program. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the Application or otherwise through the Services.
If you believe that there is an error in the personal information or records available to you through use of the Services, notify your Walmart Pharmacy immediately.
Further Acknowledgments You acknowledge and agree that:
a) the Services may be inaccessible or inoperable for any reason, including, without limitation:
(i) equipment malfunctions;
(ii) periodic maintenance procedures or repairs which Walmart Pharmacy and/or TELUS Health may undertake from time to time; or
(iii) causes beyond the control of Walmart Pharmacy and/or TELUS Health or which are not reasonably foreseeable by Walmart Pharmacy and/or TELUS Health, including, without limitation, interruption or failure of telecommunication or digital transmission links, including delays or failures due to your internet service provider, hostile network attacks, network congestion or other failures; and
b) you shall:
(i) not, nor shall you permit or assist others, to use the Services for any purpose other than that for which they are intended and designed;
(ii) not alter, tamper with or attempt to repair the Services; and
(iii) not be entitled to resell the Services.
Liability Limitation and Indemnity To the fullest extent permitted by law, in no event will Walmart Pharmacy and its affiliates, and their officers, directors, shareholders, employees, agents and subcontractors be liable for any damages (including incidental, special, indirect, consequential or punitive damages, damages for loss of profits, revenue, opportunity, loss of data or business interruption), arising out of or related to your use or inability to use the Services, however caused.
You agree to indemnify, defend and hold Walmart Pharmacy, its affiliates, and their respective directors, officers, shareholders, employees, agents and subcontractors, and their respective successors and permitted assigns, harmless from and against any and all claims, suits, actions, proceedings, damages, costs, liabilities, losses, fines, penalties, and expenses (including reasonable legal fees) (collectively, "Losses") resulting from:
a) allegations that User Information or their use infringe or misappropriate any intellectual property rights of a third party;
b) allegations that the User Information or your use of the Application contain defamatory, libelous, slanderous, obscene or pornographic materials, or violate a third party's rights of privacy or publicity;
c) allegations arising from a claim by you relating to the use of the Application;
d) any claim made by a third party with respect to, arising from, or alleged to result from, arise out of, or in connection with any breach of any representation, warranty or covenant or obligation set forth in this Agreement by you; or
e) your acts or omissions that are negligent, grossly negligent, reckless, or willful.
Linked Sites The Application may contain links to other web sites that are not under the control of Walmart Pharmacy. Walmart Pharmacy is not responsible for and makes no representations or warranties concerning the material or content of any linked site, any information collection, use or disclosure practices through a linked site or any link contained in a linked site (collectively the "Linked Sites"). It is your responsibility to verify any material or content contained within the Linked Sites before relying on it. Also, the material or content contained in the Linked Sites may be changed or updated at any time without notice. Walmart Pharmacy provides links to you only as a convenience and the inclusion of any links do not imply endorsement, investigation or verification by Walmart Pharmacy of the Linked Sites. Your use of Linked Sites is at your own risk and may be subject to terms and conditions contained in the Linked Sites, which you should locate and review.
Force Majeure. Walmart Pharmacy is not responsible for performance of, or in default of, any obligation or provision of this Agreement where delayed, hindered or prevented by labor disruptions, failure of the networks of other companies, casualties, civil disturbances, legislation, regulation, judicial order, acts of civil or military authorities, terrorism, accidents, fires, epidemics, natural disasters or other catastrophes or events beyond the reasonable control of Walmart Pharmacy and its suppliers.
General Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Walmart Pharmacy with respect to your use of the Application. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall not be affected, and each remaining provision shall be valid and enforceable. The failure to exercise a right or require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
You agree that this Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, and you agree to be bound by the laws of these jurisdictions.