Welcome and thank you for choosing to use the MasterCard SecureCode.
Please read this Terms of Service Agreement ("Agreement") carefully before
using MasterCard SecureCode. Use of MasterCard SecureCode is subject to this
Agreement. After you have read this Agreement, please click "I Agree" to agree
to the terms and conditions contained herein. If you do not agree, you may not
register for or use MasterCard SecureCode. In this Agreement, "we," "us," or "our"
refers to Walmart Canada Bank and "you," "your," or "yours" refers to the cardholder
using MasterCard SecureCode.
ACCEPTANCE OF TERMS
Walmart Canada Bank provides its MasterCard SecureCode service to you, subject to this Agreement and your cardholder agreement governing the card transactions for which MasterCard SecureCode is used. This Agreement may be updated from time to time with notice to you. You can review the most current version of this Agreement at any time by returning to this page at any time. In addition, when using MasterCard SecureCode, you shall be subject to any posted guidelines or rules applicable to MasterCard SecureCode that may be posted from time to time at the Walmart Canada Bank or MasterCard® website(s).
You agree that creation and/or use of MasterCard SecureCode, will represent your acceptance of this Agreement and that continued use of MasterCard SecureCode after you have been advised of revisions to this Agreement shall constitute your agreement to such revised terms and any applicable posted guidelines or rules.
Unless explicitly stated otherwise, any new features that augment or otherwise change MasterCard SecureCode shall be subject to this Agreement.
Walmart Canada Bank reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, MasterCard SecureCode (or any part thereof) with or without notice.
Upon request, you agree to sign a non-electronic version of this Agreement.
DESCRIPTION OF MASTERCARD SECURECODE
MasterCard SecureCode provides you with an additional layer of security in online transactions by reducing the chances of fraud for those transactions. Registering for MasterCard SecureCode involves you providing personal information to us, which is then used to confirm your identity in connection with future online transactions, as discussed in more detail in Section 5 below. MasterCard SecureCode also may be used by you for record keeping and reporting purposes, as well as to help resolve any transaction disputes. Your Registration Data, as defined in Section 3(b), and other personal information is not shared with the merchant, as discussed in more detail in Section 6 below.
The MasterCard SecureCode service can only be used when shopping at participating online merchants.
YOUR REGISTRATION OBLIGATIONS
You agree to provide true, accurate, current and complete information about yourself as prompted by MasterCard SecureCode's registration form ("Registration Data"). If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that your Registration Data is untrue, inaccurate, not current or incomplete, we have the right to suspend, terminate, or refuse your current or future use of MasterCard SecureCode.
In order to use MasterCard SecureCode, you must provide certain information to us that allows us to validate your identity and verify that you are the owner of, or an authorized user, of the specified credit card. The information that you provide may be validated against information Walmart Canada Bank already has on file that is associated with you or your credit card(s), information Walmart Canada Bank receives from one or more third parties, or information maintained by a third party.
If you are unable to provide adequate information to validate your identity, we have the right to not allow you to register for MasterCard SecureCode. You warrant that the information is correct and that you have the legal right to use all of the credit cards you register for MasterCard SecureCode.
In order to use MasterCard SecureCode, you must have the ability to access the World Wide Web and must pay any service fees associated with such access. In addition, you must have the equipment necessary to make such a connection to the World Wide Web, including a computer and modem or other access device.
In the event you have a question regarding the MasterCard SecureCode registration process or a transaction using MasterCard SecureCode, you should direct that question to our customer service department in accordance with the instructions in our cardholder agreement with you.
During registration in MasterCard SecureCode, you may be asked to select or may be provided a SecureCode and Secret Question and Answer. When engaging in an online transaction or other transaction for which MasterCard SecureCode is used, you may be asked for your SecureCode before a merchant accepts your card in payment for the transaction. If you are unable to provide SecureCode, or if the authentication through MasterCard SecureCode otherwise fails, the merchant may not accept your card in payment for that transaction.
By registering in MasterCard SecureCode, you agree to the use of MasterCard SecureCode to evidence your identity, including for purposes of authorization of transactions authorized in advance to recur at substantially regular intervals.
Your Registration data will not be shared with online retail merchants or merchants in other transactions for which MasterCard SecureCode is used.
You acknowledge and agree that we may keep your Registration Data and also may disclose your Registration Data if required to do so by Applicable Law, as defined in Section 9(i), in the good faith belief that such preservation or disclosure is permitted by Applicable Law, or as reasonably necessary to (i) comply with legal process or (ii) enforce this Agreement.
Walmart Canada Bank
P.O. Box 217
ON L9W 2Z6
Call: 1-888-331-6133 Monday to Saturday 8am to midnight EST and Sunday 10am to 9pm EST.
CARDHOLDER SECURECODE AND SECURITY
You are solely responsible for maintaining the confidentiality of your SecureCode,
Registration Data and other verification information established by you for
MasterCard SecureCode, and all activities that occur
using your SecureCode, Registration Data or other
verification information supplied to or established by you with respect to
MasterCard SecureCode. You agree to keep your SecureCode
separate from your card at all times. You agree not to transfer or sell your use of, or access to, MasterCard SecureCode to any third party. You agree to immediately notify us as
required in our cardholder agreement with you of: a lost or stolen card; any
compromise or unauthorized use of your SecureCode; or
any other breach of security. You agree
that if your card and SecureCode or any verification
information you are required to keep confidential are used together without
your authorization, your maximum liability will be $500 if you:
You acknowledge and agree that, except as otherwise
provided by Applicable Law or in our cardholder agreement with you, we shall
not be liable for any loss or damage arising from your failure to comply with this
- Willingly disclosed your SecureCode to another person
- Didn't keep your SecureCode separate from your card, or
- Didn't notify us by telephone within 24 hours of learning that your card was lost or stolen, or that the confidentiality of your SecureCode had been compromised.
You agree not to:
impersonate any person or entity using MasterCard SecureCode;
upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment used by MasterCard SecureCode;
spam or flood the MasterCard SecureCode Website or service;
modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the MasterCard SecureCode Website or service or the software used in connection with MasterCard SecureCode;
remove any copyright, trademark, or other proprietary rights notices contained in MasterCard SecureCode;
"frame" or "mirror" any part of the MasterCard SecureCode Website or service without the prior written authorization of Walmart Canada Bank;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the MasterCard SecureCode Website or service or its contents;
otherwise interfere with, or disrupt, MasterCard SecureCode or servers or networks connected to MasterCard SecureCode, or violate this Agreement or any requirements, procedures, policies or regulations of MasterCard SecureCode or of any networks connected to MasterCard SecureCode; or
intentionally or unintentionally violate any applicable local, provincial, federal or international statute, regulation, regulatory guideline or judicial or administrative interpretation, or any rule or requirement established by MasterCard International (all of which shall constitute "Applicable Law") in connection with your use of MasterCard SecureCode.
You acknowledge and agree that you have the following responsibilities:
to verify that the information entered on all merchant order forms is accurate.
to verify that the information displayed in the MasterCard SecureCode transaction pop-up box is correct for each purchase.
to make full and timely payments for any purchases made involving the MasterCard SecureCode or this website.
to be fully responsible for all transactions or other activities that occur or are undertaken under your username and password.
You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of MasterCard SecureCode.
Under no circumstances will we be liable for consequential, incidental, special or indirect losses or other damages, such as any damage to your computer or telephone service resulting from your use of MasterCard SecureCode.
We assume no responsibility for, and will not be liable for, any damages to, or any viruses which may affect, your computer equipment or other property on account of your access to, use of, or downloading from, this Website.
If you want to end your ability to use MasterCard SecureCode, you must deactivate your MasterCard SecureCode. Any purchases you made using MasterCard SecureCode prior to deactivation will not be affected.
We may temporarily or permanently deactivate your ability to use MasterCard SecureCode and terminate your relationship with us at any time, with or without fault on your part.
DEALINGS WITH MERCHANTS
Your correspondence or business dealings with, or participation in promotions of, online retail or other merchants on or through MasterCard SecureCode, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant. You agree that, except as otherwise provided by Applicable Law or in our cardholder agreement with you, we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You understand that use of MasterCard SecureCode does not, in any way, indicate that we recommend or endorse any merchant, regardless of whether the merchant participates in MasterCard SecureCode. For example, MasterCard SecureCode does not verify the identity of the merchant or the quality of the merchant's goods or services.
The MasterCard SecureCode service can only be used when shopping at participating online merchants.
Notices to you may be made via either e-mail or regular mail to any address in your Registration Data or other information that you have provided to us in connection with any of your accounts with us, or your credit cards or debit cards issued or otherwise provided by us.
AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use MasterCard SecureCode and to create binding legal obligations for any liability you may incur as a result of the use of MasterCard SecureCode. Except as otherwise provided by Applicable Law or in our cardholder agreement with you, you understand that you are financially responsible for all uses of MasterCard SecureCode by you and those authorized by you to use your Registration Data, your password or other verification information.
DISCLAIMER OF WARRANTIES
You expressly understand that and agree that any software obtained through the use of MasterCard SecureCode is downloaded and used at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such software or other materials through MasterCard SecureCode.
EXCEPT AS OTHERWISE REQUIRED BY ANY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT MASTERCARD SECURECODE OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
MasterCard SecureCode and this website are owned by us. Any materials provided to you are merely licensed to you.
MasterCard SecureCode and this website are protected by copyright and other laws of Canada and other countries. We retain all right, title, and interest in MasterCard SecureCode and this website and all content, information, websites, software, and other materials related thereto, excluding certain content and technology which may have been created and/or is owned by merchants or third parties.
Some of the names referenced in this website are trademarks or registered trademarks. You agree not to use any trademarks referenced or any confusingly similar marks for any purpose without the express prior written consent of the owner of the mark in each instance.
You agree to defend, indemnify, and hold us harmless, our licensees, successors, and assignees, affiliated merchants, content providers, technology and service providers, or this website providers, advertisers and sponsors, the parent, affiliated and subsidiary companies and the officers, directors, employees, and agents of each of them from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, including reasonable attorneys' fees, arising out of or related to any breach or alleged breach by you of this Agreement or any use of MasterCard SecureCode by you or under your control. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You will not settle any action or claims on our behalf without our prior written consent.
This Agreement will be construed and interpreted in accordance with the laws of the Province of Ontario, without reference to its conflict-of-laws rules. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the Ontario courts. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. You will comply with all applicable laws, statutes, ordinances, and regulations in your use of MasterCard SecureCode or this website and your purchase and use of goods and services. You acknowledge that various goods or services offered from merchants may be prohibited in your geographic area. This Agreement represents the sole and exclusive agreement between you and us regarding MasterCard SecureCode and this website and merges and supersedes all previous and contemporaneous electronic, written, or oral agreements and understandings regarding the subject matter hereof. If any provision of this Agreement is held to be invalid or otherwise unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be invalidated or otherwise affected. Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You are solely responsible for complying with any and all laws which may apply to your use of MasterCard SecureCode. Any waiver of any provision of this Agreement must be in writing and signed by an authorized representative of Walmart Canada Bank. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
DATE OF LAST UPDATE
The terms of this Agreement were last updated on November 30, 2009.