linksales.net Terms of Use

Last Updated June. 19, 2019

Please review these Terms of Use carefully. They include a binding arbitration clause (see Section 20) requiring you and us to arbitrate our claims instead of suing in court.


1. Introduction

Welcome to the family of websites and applications provided by Link Sales.  These Terms of Use govern your access to and use of all Link Sales Sites.  By using the Link Sales Sites, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use.  If you violate or do not agree to these Terms of Use, then your access to and use of the Link Sales Sites is unauthorized.  Additional terms and conditions apply to some services offered on the Link Sales Sites (e.g., Link Sales Foods, Link Sales Photography, Link Sales Estate and Link Sales Groceries).  Those terms and conditions can be found where the relevant service is offered on the Link Sales Sites and are incorporated into these Terms of Use by reference.

DEFINED TERMS:  In these Terms of Use:

  • When we say “Link Sales,” we mean Link Sales Ghana,  and Link Sales Stores, Inc. and any subsidiaries of Link Sales Stores, Inc. (including any subsidiaries that Link Sales Stores, Inc. may form or acquire in the future).  We also refer to Link Sales as “we,” “us” and “our.”  But when we say “Link Sales,” we mean Link Sales and its affiliates; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents.
  • When we say “Link Sales Sites,” we mean www.linksales.net, and all related functionality, services, and Content offered by or for Link Sales on or through www.linksales.net and the Link Sales Apps or the systems, servers, and networks used to make the Link Sales Sites available.
  • When we say “Link Sales Apps,” we mean the official “Link Sales App” for iPhone and Android, which can be downloaded from the iTunes App Store or the Google Play Store later.
  • When we say “you” or “your” we mean any user (like you!) of any Link Sales Site.
  • When we say “Terms of Use,” we mean these Terms of Use and all other terms and policies posted by Link Sales on the Link Sales Sites (and any updates by Link Sales to these Terms of Use and those terms and policies).
  • A few other key terms used in these Terms of Use:
    • When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
    • When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the Link Sales Sites.
    • When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the Link Sales Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the Link Sales Sites through the tools offered by such social media platforms).
    • When we say “Materials,” we mean Content that Link Sales Entities make available on or through the Link Sales Sites, including In Store Now information.

IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.  THIS MEANS THAT YOU AND WALMART ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS:  While there are important points throughout these Terms of Use, please note the warranty disclaimers and limitations on Link Sale’s liability explained in Sections 17 and 18, respectively.

UPDATES:  We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the Link Sales Sites.  Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes.  By continuing to use or access any of the Link Sales Sites after we post any changes, you accept the updated Terms of Use.  The “Last Updated” legend above indicates when these Terms of Use were last changed.


2. Your Use of the Link Sales Sites

You certify that the Content you provide on or through the Link Sales Sites is accurate and that the information you provide on or through the Link Sales Sites is complete.  You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN.  Link Sales is not responsible for any losses arising out of the unauthorized use of your account.  You agree that Link Sales does not have any responsibility if you lose or share access to your device.  Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Link Sales Sites.  You agree that Link Sales is not a party to any such agreement, nor is Link Sales 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, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Walmart Sites or any portion of the Link Sales Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Link Sales Sites or any portion of the Link Sales Sites.

  • In connection with the Link Sales Sites, you will not:
    • Make available any Content through or in connection with the Link Sales Sites that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below.
    • Make available through or in connection with the Link Sales Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
    • Use the Link Sales Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortuous or unlawful.
    • Harvest or collect information about users of the Link Sales Sites.
    • Interfere with or disrupt the operation of the Link Sales Sites or the systems, servers, or networks used to make the Link Sales Sites available, including by hacking or defacing any portion of the Link Sales Sites; or violate any requirement, procedure or policy of such servers or networks.
    • Restrict or inhibit any other person from using the Link Sales Sites.
    • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Link Sales Sites except as expressly authorized in these Terms of Use, without Link Sales’s express prior written consent.
    • Reverse engineer, compile, or disassemble any portion of the Link Sales Sites, except where such restriction is expressly prohibited by applicable law.
    • Remove any copyright, trademark, or other proprietary rights notice from the Link Sales Sites.
    • Frame or mirror any portion of the Link Sales Sites, or otherwise incorporate any portion of the Link Sales Sites into any product or service, unless you obtain Link Sales’s express prior written consent to do so.
    • Systematically download and store any Materials.
    • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Link Sales Sites, without Link Sales’s express prior written consent.
    • Cause injury to any person or entity.
    • Violate any law, rule, or regulation, or these Terms of Use.
  • You will not use the Walmart Sites or Link Sales’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a Link Sales trademark, logo, URL, or product name without Link Sales’s written consent;
  • You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

3. Content and Ideas

A.     Submitting Content and Ideas

Walmart provides functionality that enables users to make available Content and Ideas in connection with the Link Sales Sites.  Any text in Content should be written in English.  You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any Walmart Site.  You represent and warrant that (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms of Use, including in Section 3(B) below; and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms of Use.  This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.

B.    Link Sales’s Rights to Use Content and Ideas

You grant to 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 (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed.  You further agree that Link Sales is free to use any Ideas for any purpose.  Link Sales may sub license its rights in Content and Ideas through multiple tiers of sub licenses.  Link Sales is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea.  You grant to Link Sales the right to use any name associated with any Content or Idea that you make available to Link Sales, although Link Sales has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.

C.     Prohibited Content

You agree that you will not make available Content in connection with the Link Sales Sites that:

  • is false, fraudulent, inaccurate, or misleading;
  • contains your full name(s), or any other confidential personally identifiable information of yourself or others;
  • violates any local, state, federal, or international laws or is otherwise tortuous;
  • is protected by or would infringe on the rights of others (including Link Sales), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
  • is obscene, indecent, pornographic, or otherwise objectionable;
  • is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Link Sales in its sole discretion;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  • is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
  • contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Link Sales;
  • contains or relates to chain letters or pyramid schemes;
  • impersonates another business, person, or entity, including Link Sales, its related entities, employees, and agents;
  • violates any policy posted on the Link Sales Sites; or
  • is intended to cause harm, damage, disable, or otherwise interfere with the Link Sales Sites or our partners.

4. Monitoring by Link Sales

Link Sales will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the Link Sales Sites, including to determine compliance with these Terms of Use and any other operating rules that may be established by Walmart from time to time.  Walmart will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the Link Sales Sites, for any reason, including violation of these Terms of Use, whether for legal or other reasons.  Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify Link Sales for all claims resulting from any Content you make available.


5. Materials Available on the Link Sales Sites

Link Sales and its suppliers and licensors may make available various Materials.  The Materials are for educational and informational purposes only, and errors may appear from time to time.  Before you act in reliance on any Materials, you should confirm any facts that are important to your decision.  The Link Sales Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials.  If you find an error or notice something that does not look quite right on the Link Sales Sites, we would appreciate it if you let us know by contacting us at https://www.linksales.net/contact/.  (Your feedback is a big part of what helps Link Sales to get better at helping you!)

NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE 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.

THE WALMART ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.


6. Merchandise

The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”).  Such Products may be made available by us or by third parties.  We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites).  Such information and the availability of any Product are subject to change at any time without notice.

We have made efforts to accurately display the attributes of Products, including the applicable colors.  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.  In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.

We sell Products for children’s use; however, these Products are intended for sale to adults.

Link Sales has no liability to you for content on the Link Sales Sites that you find to be offensive, indecent, or objectionable.  Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only.  By ordering an age restricted item, you certify that you satisfy the age restrictions.

Link Sales is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any Link Sales Entity, Marketplace Retailer (as defined below in Section 16.A), our advertisers, or other third parties to whose sites we link.  While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on Link Sales Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information.  Always read labels, warnings, directions, and other information provided with the product before using or consuming the product.  For additional information about a product, please contact the manufacturer.  Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition.  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), in accordance with Link Sales’s return policy.  It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.


7. Third Party Sites

References on Link Sales Sites 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 or its information, products, or services.  Link Sales is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the Link Sales Sites operate or otherwise interact, nor is Link Sales responsible for the acts or omissions of any operator of any such site or platform.  Your use of any such third-party site or platform is at your own risk, and will be governed by such third party’s terms and policies (including its privacy policy).


8. Placing an Order

A. Order Acceptance and Billing

You represent and Link Sales that you have the right to use any credit card or other means of payment that you provide to us.  All billing information you provide to us must be truthful and accurate.  Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order.  Prior to accepting an order we may also request additional information from you.  Verification of information may be required prior to the acknowledgment or completion of any purchase.  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 attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order.  Link Sales 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 Products, as well as all shipping and handling charges and applicable taxes.  You will not be charged for most orders until the order has shipped.  Some 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.

Link Sales reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied.  Link Sales also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers.  For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from Link Sales for the purpose of engaging in a commercial sale of the same Product(s) to a third party.

B. Pricing Information; Availability

Link Sales cannot confirm the price or availability of an item until after your order is placed.  Pricing or availability errors may occur on the Link Sales Sites or through Marketplace Retailers.  The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product.  Link Sales reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Link Sales.  Link Sales 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 Link Sales Sites or from prices available in Link Sales stores or on Link Sales Apps.

C. Promotional Codes

Promotional codes are limited in nature and may expire or be discontinued with or without notice.  Promotional codes are void where prohibited by law.  Promotional codes may not be copied, sold, or otherwise transferred.  They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice.  We reserve the right in our discretion to impose conditions on the offering of any promotional code.

D. Gift Cards

The risk of loss and title to any 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.


9. Shipping and Delivery

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Link Sales Sites.  All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.

Some Products may be available for pick up at physical Link Sales store locations.  Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.


10. Export Policy

You acknowledge that (a) goods licensed or sold on the Link Sales Sites, and (b) any software or technology purchased, downloaded, or used from the Link Sales Sites, are subject to the customs and export control laws and regulations of Ghana 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 you agree to comply with all applicable laws.


11. Intellectual Property

The Link Sales Sites and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the “IP”) are owned or controlled by or licensed to Link Sales, and are protected by Ghana and international trademark, copyright, and other intellectual property laws.  Materials are licensed (not sold) to end users.  Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Walmart to use the Link Sales Sites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner.  In addition, subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Link Sales to use the Link Sales Apps, we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sub licensable basis, to install and use the Link Sales Apps on a mobile device that you own or control, solely for your personal, non-commercial use.  If you fail to comply with any of the terms or conditions of these Terms of Use, you must immediately cease using the Link Sales Apps and remove (that is, uninstall and delete) the Link Sales Apps from your mobile device.

No license, right, title, or interest in the Link Sales Sites or any Materials is transferred to you as a result of your use of the Link Sales Sites or your accessing, viewing, downloading, or printing of the Materials.  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 Materials or the Link Sales Sites.  The Link Sales Sites and Materials may be used only as a personal shopping resource.  Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Link Sales Sites and the Materials is strictly prohibited.  The compilation (meaning the collection, arrangement, and assembly) of the Link Sales Sites and Materials is the exclusive property of Link Sales and is also protected by Ghana  copyright laws.

Link Sales, the linksales.net  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 Link Sales Sites are trademarks or trade dress of Link Sales in the U.S. and other countries.  All other marks are the property of their respective companies.


12. 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 Link Sales Sites in a way that constitutes copyright infringement.


13. Privacy

You acknowledge that any personal information that you provide through the Link Sales Sites will be used by Link Sales in accordance with Link Sales’s Privacy Policy, which may be updated by Link Sales from time to time.  If you purchase an item on linksales.net sold by a Marketplace Retailer or a Link Sales supplier, Link Sales may share certain information with that Marketplace Retailer or supplier to permit the Marketplace Retailer or supplier, as applicable, to fulfill and ship your order, process returns, and provide customer service.


14. Third-Party Software & Licensing Notices

The Link Sales Sites may include certain third-party technologies and open source materials (collectively, “Third-Party Technology”).  Your use of such Third-Party Technology is subject to these Terms of Use, as well as well the applicable terms and conditions of such third parties, set forth  which is incorporated in these Terms of Use by reference.


15. Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Link Sales Sites may be governed by rules that are separate from these Terms of Use.  If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy.  If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will govern.


16. Terms Applicable to Special Link Sales Services

A.Link Sales Marketplace

Link Sales operates an online marketplace program on the Link Sales Sites (available at https://www.linksales.net which enables Marketplace Retailers to sell their products alongside Walmart products and, once an order is placed, to ship such Marketplace Retailers’ products directly to the customer (the “Link Sales Marketplace”).  Any use of the Link Sales Marketplace is subject to the following additional terms:

  • When we say “Marketplace Retailer,” we mean any entity or retailer that sells goods or services in the Link Sales Marketplace through the Link Sales Sites, uses any order processing, fulfillment, shipping, or other services related to the Link Sales Marketplace provided by or for Link Sales, or uses any platform, portal, web service, application, interface, or other tool provided by or for Walmart in connection with the Link Sales Marketplace.
  • By purchasing a product from any of our Marketplace Retailers, you acknowledge that all Link Sales Marketplace orders will be fulfilled by the third party Marketplace Retailer and not Link Sales.  The Marketplace Retailer (and not Link Sales) will be responsible for all processing, shipping, returns, and customer service related to your Link Sales 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 Link Sales stores or linksales.net.  Each Marketplace Retailer’s shipping information, return policy, customer service information, and Marketplace Privacy Policy can be found on that Marketplace Retailer’s Seller Information page.  For other terms that apply to Link Sales Marketplace.
  • To the fullest extent provided by applicable law, Link Sales has no responsibility or liability for any Marketplace Retailer or their products.
  • You agree that link sales may review the products in your possession and/or your receipt or proof of purchase on your mobile or other electronic device at any time and request that any products be re-scanned, and that any product or order price be re-calculated.  In the event you and any Link Sales employee calculate different totals for your purchase, the calculation confirmed by the Link Sales employee will be the amount payable by you.
  • All Link Sales policies applicable to sales occurring at a store location, including those regarding Ad Match, Price Matching, Coupon use, Returns, and Exchanges, apply to purchases made through Walmart Pay.  We reserve the right to limit the availability of Link Sales Pay during specific times, for specific items, or for certain events or promotions.

i.     Orders

  • Once you have placed an order for Link Sales online grocery services, we will send you an order acknowledgment by email setting out what you have ordered.  This is not an order confirmation or acceptance from us.
  • There may be a minimum order value, which may change from time to time.  In addition to the price of goods, a delivery charge as shown at checkout, if applicable, will also be payable by you.  All prices quoted are exclusive of tax and you will see estimated taxes and fees when you place the order.  The final taxes and fees will be calculated on the day your order is picked and delivered, or picked up, as applicable.  In the event your order must be fulfilled using products of different weight or volume than what you ordered, you will be charged only for the actual weight or volume delivered.
  • Due to shipment and delivery times, there are limitations on when changes or cancellations to orders can be made.  These limitations will be provided when you place your order.  For grocery orders that are delivered to you, title to the goods purchased by you and the related risk of loss on these items passes to you upon delivery of the items to the carrier.
  • We will not provide you a refund for certain goods which by nature cannot be returned.  Such items include items which cannot be resold for health and hygiene reasons once unwrapped (for example body jewelry, mattresses, bedding, certain items of clothing, personal grooming products, medicines, and certain baby products, etc.).
  • Notwithstanding the foregoing, all refunds will be subject to our discretion.
  • We aim to deliver your goods within the delivery or pickup window you selected when placing your order, but do not guarantee that goods will be delivered or available for pickup on or by a certain date.  Link Sales will not be liable for delivering the goods outside of the requested delivery or pickup slot or failing to deliver or make available for pickup all or any of the goods in your order.
  • Fees.
  • The fees for Delivery Unlimited are stated in the subscription sign up process.  From time to time, we may offer different terms and the fees for Delivery Unlimited may vary. The Delivery Unlimited fee is non-refundable except as expressly set forth in these Terms. Sales, excise or other similar taxes may apply to the Delivery Unlimited fee.  If all credit or debit cards we have on file for you are declined for payment of the applicable fee, your Delivery Unlimited participation will be automatically cancelled and benefits will end.  You may have the ability to sign up for Delivery Unlimited thereafter through your Link Sales Grocery account. Your new term will be based on the date that you sign up.
  • Terms and Conditions Changes.  We may at our discretion change these Delivery Unlimited Terms, or any aspect of Delivery Unlimited that is not material, without notice or liability to you. If any change to these Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.  YOUR CONTINUED ENROLLMENT AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THESE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION.
  • Termination by Us.  We may terminate your subscription at our discretion without notice or liability to you. If we do so, we will give you a full refund for any term that has not yet expired. However, we will not give any refund for termination related to conduct that we determine, at our discretion, violates these Terms or any applicable law, involves fraud or misuse of the Delivery Unlimited subscription or is harmful to our interests or another user.
  • Link Sales claims no ownership rights to the photos, photo files, albums, projects, captions, or prints (collectively defined as “Photos”), that you place in your Link Sales Digital Photo Center Account.  However, by uploading Photos into your Link Sales Digital Photo Center Account, you agree to waive all moral rights to those images.  In addition, you grant to Link Sales a nonexclusive, worldwide, royalty-free license, so we can download, upload, copy, print, display, reproduce, modify, publish, post, transmit, distribute, and otherwise make available the photos included in your Link Sales Digital Photo Center Account for the purpose of displaying Photos to the people you select and to fulfill orders.  We will not use or modify your Photos for marketing purposes or any other purposes without obtaining your express permission.
  • You are responsible for monitoring and creating backup copies of the Photos stored in your account.  Link Sales Digital Photo Center is not provided to you under any warranty.  Link Sales will not be liable for any damage to your photos, albums, rolls, or uploads, including but not limited to loss, deletion or alteration.
  • Link Sales may terminate your service or access to the Link Sales Digital Photo Center and delete any and all information, including but not limited to your Photos, without notice, for any reason including, but not limited to (1) your violation of these Terms of Use or other policies set by Link Sales elsewhere on the Walmart Sites; (2) online conduct that Link Sales believes is harmful to other customers, the business of Link Sales, or other third-party information providers; and (3) failure to access your account for one (1) year.
  • Link Sales reserves the right to disclose any Photos made available by you or any other customers as necessary to satisfy any law, regulation, or governmental request, or to edit, refuse to submit or to remove any Photos, in whole or in part, that in Link Sales’s judgment are unsuitable or in violation of these Terms of Use or other policy set by Link Sales elsewhere on the Link Sales Sites.  Link Sales may delete, move, and edit Photos for any reason, at any time, without notice.
  • By making available Photos, you warrant that you are the sole author and owner of the Photos, or that you have obtained all required releases or permissions to permit copying, printing, licensing of the Photos, and your use of the Link Sales Digital Photo Center, as set forth in these Terms of Use.
  • Link Sales will not assist in the copying of any state or federal document, including but not limited to driver’s licenses, passports, and social security cards.
  • As a convenience to Link Sales customers, Link Sales may make third-party software available through the Link Sales Digital Photo Center either through physical distribution or by download.  To use such software, you will agree to the terms and conditions imposed by the third party provider.  Unless otherwise stated in any specific agreement, the agreement to use such software will be solely between you and the third party provider.
  • Making available any Photos to Link Sales for processing, printing, storage, transmission or other handling constitutes an agreement by you that any damage to your Photos or computer system, or any loss of data, by Walmart, its subsidiaries, employees, or agents, even if caused by negligence or other fault, will only entitle you to replacement with a like amount of storage and processing.  Except for replacement, to the fullest extent provided by applicable law, the handling of any Photos is not under warranty or liability, and recovery for any incidental or consequential damages is excluded.
  • You understand and agree that any Content, including but not limited to Photos and software, downloaded or otherwise obtained through the use of the Link Sales Digital Photo Center is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that may result in the download or upload of such material.  Your use of the Link Sales Digital Photo Center may expose you to Photos you may feel objectionable.  You take sole responsibility for such exposure.
  • Some items (i.e., alcohol, tobacco, gift cards that are not pre-activated, tires, car batteries, hearing center items, R-rated movies and games, prescriptions and some harsh chemicals) cannot be purchased.

17. Disclaimer of Warranties

THE Link Sales SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Link Sales SITES, ARE PROVIDED BY Link Sales ON AN “AS IS” AND “AS AVAILABLE” BASIS.  NO Link Sales ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Link Sales SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Link Sales SITES.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE Link Sales ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITING THE FOREGOING, THE Link Sales ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE Link Sales SITES.  YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE Link Sales SITES IS AT YOUR SOLE RISK.  THIS SECTION 17 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY Link Sales TO YOU THROUGH THE Link Sales SITES.  THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE Link Sales SITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE Link Sales SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES.  YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO  ENTITY IS Link Sales  RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE Link Sales SITES.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.


18. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, Link Sales WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, 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 Link Sales SITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A Link Sales ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.  SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO Link Sales ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE Link Sales SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO Link Sales ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE Link Sales SITES.


19. Indemnification

You agree to defend (at Link Sales’s option), indemnify, and hold the Link Sales Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Link Sales Sites or any breach by you of these Terms of Use.  Link Sales reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Link Sales if and as requested by Link Sales in the defense and settlement of such matter.


20. Disputes & Arbitration; Applicable Law

PLEASE READ THIS SECTION CAREFULLY.  IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.  Using or accessing the Link Sales Sites constitutes your acceptance of this Arbitration provision.  Please read it carefully as it provides that you and Walmart will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND Link Sales, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT WALMART AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY.  YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.


21. Termination

These Terms of Use are effective unless and until terminated by either you or Link Sales.  You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Link Sales Sites.  We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the Link Sales Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use.  Upon any termination of these Terms of Use by either you or Link Sales, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the Link Sales Sites, as well as all copies of such Content, whether made under these Terms of Use or otherwise.  The following sections will survive any termination of these Terms of Use: “Your Use of the Link Sales Sites,” “Content and Ideas,” “Monitoring by Link Sales,” “Materials Available on the Link Sales Sites,” “Merchandise,” “Third Party Sites,” “Placing an Order with Link Sales,” “Shipping and Delivery,” “Export Policy,” “Intellectual Property” (excluding the rights granted to you in that Section), “Privacy,” “Third-Party Software & Licensing Notices,” “Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Disputes & Arbitration,” and “General”.


22. General

These Terms of Use represent the complete agreement and understanding between you and Link Sales and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use.  These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Link Sales.  Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.  If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect.  The failure of Link Sales to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit Link Sales’s rights with respect to such breach or any subsequent breaches.  You may not assign, transfer, or sub license any or all of your rights or obligations under these Terms of Use without our express prior written consent.  We may assign, transfer, or sub license any or all of our rights or obligations under these Terms of Use without restriction.  Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.”  Notices to you (including notices of changes to this these Terms of Use) may be made via posting to the Link Sales Sites or by e-mail (including in each case via links), or by regular mail.  Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
 


24. How to Contact Us

If you have any questions or comments, please contact us at https://help.walmart.com/, or by mail at the following address: Walmart.com; 850 Cherry Ave., San Bruno, CA 94066.

Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Walmart Sites: © 2000-2019 Walmart  All Rights Reserved.
Walmart Apps: ©2009-2019 Walmart All Rights Reserved.

Last updated on February 4, 2019

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