Mobile App Terms of Use

Copyrights

This mobile application (“App”) and the materials within it are the property of © 2021 Home Depot International, Inc. and its licensors, and are protected by copyright, international treaties, and other laws. Viewing or using this App creates a copy of Home Depot materials in your device’s memory.

Use License

© 2021 Home Depot International, Inc.(“The Home Depot” or “Home Depot”) grants you permission to view and use this App and to print individual pages from this App for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this App. Your use of this App constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this App, you represent and warrant to Home Depot that you will not use this App for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this App. Other than this agreement and agreements between you and The Home Depot relating to the sale of products or services (collectively, the “Products”) to you through this App, Home Depot will not enter into any agreement with you or obligation to you through this App and no attempt to create such an agreement or obligation will be effective.

Trademarks

The trademarks, service marks and logos (collectively, the “Trademarks”) used and displayed on this App are registered and unregistered Trademarks of The Home Depot and others. Nothing on this App should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the App, without the prior written permission of the Trademark owner. The Home Depot aggressively enforces its intellectual property rights to the fullest extent of the law. The name of The Home Depot, The Home Depot logo or the other Home Depot formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this App, without prior, written permission from Home Depot. Home Depot prohibits use of The Home Depot logo as part of a link to or from any App unless establishment of such a link is approved in advance by The Home Depot in writing. Fair use of The Home Depot’s Trademarks requires proper acknowledgment. Other product and company names mentioned in this App may be the Trademarks of their respective owners.

Product Orders

This App displays products available for purchase in Canada, however not all products are available at all times and products may be changed, substituted or discontinued at any time. The Home Depot attempts to provide an accurate description of the products available for sale, but does not warrant the accuracy, completeness, reliability or currency of such descriptions. Certain products may be the subject of third-party warranties offered by its manufacturers or providers. Warranty information regarding products is available to you by calling 1-800-628-0525. Additional terms and conditions applicable to your online purchases are provided to you on the App as you order products, prior to completing your purchase.

We reserve the right to limit quantities to the amount reasonable for our regular customers.

Product prices offered on this App may vary from other advertised prices due to varying conditions in different geographic markets.

The prices displayed on this App are quoted in CDN dollars and are valid and effective only within Canada, and such prices do not include shipping and handling (unless otherwise indicated) or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and taxes that may apply to your order.

While our goal is an error-free App, we do not guarantee that any content is 100% accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. Home Depot reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).

For further information about purchasing products from Home Depot, please read our Shipping FAQ, Return Policy, and Products FAQ carefully, which you may find under the Customer Support section in the App navigation menu.

Links to Third Party Sites

This App may contain links to sites owned or operated by parties other than The Home Depot. Such links are provided for your reference only. The Home Depot does not control outside sites and is not responsible for their content. The Home Depot’s inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does The Home Depot’s inclusion of the links imply that The Home Depot is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.

From within our App, you may be able to launch third party applications or navigate to your device’s app store where you can download suggested third party applications. If so, these other applications will show as “active” and you will be able to access them via our App. If not, you will be directed to the app store where you can download them. Our Privacy and Security Statement does not apply to the information practices of third party applications. You should read the privacy policies of other applications carefully. We are not responsible for third party applications.

Push Notifications

Our App may use push notifications to send you promotional notifications and other information, such as information about your transactions. You may turn notifications on and off in your device settings. Turning off notifications will stop the push notifications but it will not otherwise change your preferences regarding electronic messages from Home Depot (you can manage your email subscriptions at https://www.homedepot.ca/en/home/customer-support/unsubscribe.html). We do not guarantee that you will receive notifications or that they will be on time. Depending on your settings, any person who has access to your device or can see your screen may be able to see the notifications.

Login and Biometric Authentication

Our App may allow you to use biometric authentication, such as facial or fingerprint recognition, in place of or in addition to your password. You will not use the biometric information of any other person or otherwise allow any person to access or use your login credentials. We are not responsible for any losses related to misuse of login credentials or other unauthorized access.

NO WARRANTIES; EXCLUSION OF LIABILITY

THE HOME DEPOT MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS OR PRODUCTS ON THIS APP FOR ANY PURPOSE. ALL SUCH MATERIALS AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE HOME DEPOT SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE MATERIALS AND PRODUCTS ON THIS APP, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE HOME DEPOT SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS APP OR THE MATERIALS OR PRODUCTS ON THIS APP, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS APP OR FOR ANY DAMAGE TO YOUR COMPUTER, DEVICE OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS APP. YOUR USE OF THIS APP IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE HOME DEPOT, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS APP, THE MATERIALS IN THIS APP, THE DELAY OR INABILITY TO USE THIS APP OR OTHERWISE ARISING IN CONNECTION WITH THIS APP, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Contacting Us

If you have any questions about this agreement, please call us at 1-800-628-0525, log on to homedepot.ca/contactus or write us at:

Home Depot of Canada Inc.

400 – 1 Concorde Gate

Toronto, Ontario

M3C 4H9

Although The Home Depot will in most circumstances be able to receive your e-mail or other information provided through this App (including, without limitation, service requests and other submissions), The Home Depot does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.

Uploaded Content

By submitting any content to The Home Depot (including photos), via this App or otherwise, you represent and warrant that:

· you are the sole author and owner of the intellectual property rights thereto;

· all “moral rights” that you may have in such content have been voluntarily waived by you; and

· use of the content you supply does not violate this agreement and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

· that is known by you to be false, inaccurate or misleading;

· that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

· that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

· that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;

· for which you were compensated or granted any consideration by any third party; or

· that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold The Home Depot (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages of every kind and nature, known and unknown including reasonable lawyers’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant The Home Depot and its authorized third-party service providers a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content (including photos and all data contained or appended to the computer file of such photos) that you submit may be used and shared with authorized third-parties at The Home Depot’s sole discretion. The Home Depot reserves the right to change, condense or delete any content on The Home Depot’s App or its websites that The Home Depot deems, in its sole discretion, to violate this agreement. The Home Depot does not guarantee that you will have any recourse through The Home Depot to edit or delete any content you have submitted. You acknowledge that you, not The Home Depot, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of The Home Depot, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

General

You agree that this agreement and your use of this App are governed by the laws of the Province of Ontario and the laws of Canada applicable therein. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organisations in Toronto, Ontario, Canada in all disputes: (a) arising out of, relating to, or concerning this App and/or this agreement, (b) in which this App and/or this agreement is an issue or a material fact, or (c) in which this App and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organisation. This App is made available to residents of Canada only. Use of this App in any other jurisdiction is unauthorised and you agree not to access this App in any such jurisdiction. The Home Depot has endeavored to comply with all legal requirements known to it in creating and maintaining this App, but makes no representation that materials or Products on this App are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

With the prior agreement of Home Depot, any claim, dispute or controversy arising out of, relating to or concerning this App and/or this agreement shall be decided by binding arbitration in accordance with the Arbitration Act, 1991 and any such arbitration proceedings shall be brought and held in Toronto, Ontario. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgement upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.

You agree that The Home Depot may at any time and without notice change the terms, conditions and notices under which this App is offered; however, any change to the terms after your last usage of the App will not be applied retroactively.

You agree that no joint venture, partnership, employment or agency relationship exists between you and The Home Depot as a result of this agreement or your use of this App.

The Home Depot’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of The Home Depot's right to comply with law enforcement requests or requirements relating to your use of this App or information provided to or gathered by The Home Depot with respect to such use.

This agreement, the Privacy and Security Statement and the terms of sale presented to you in connection with your transaction constitute the entire agreement between you and The Home Depot with respect to this App. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and The Home Depot with respect to this App. No modification of this agreement shall be effective unless it is authored by Home Depot of Canada Inc. or its affiliates, or unless it is physically signed in blue ink by a Home Depot officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by The Home Depot in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this App to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by The Home Depot in printed form.

THE INFORMATION AND MATERIALS IN THIS APP ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF THE HOME DEPOT OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS APP AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS APP. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

The Home Depot and The Home Depot family of trademarks are registered trademarks of Home Depot International, Inc.