Terms and Conditions

Home Depot of Canada Inc.

Terms and Conditions – Last update July 31, 2023 (Effective Date)

The Home Depot Pro Xtra Public Sector Program (the "Program") is a commercial customer rewards program offered by Home Depot of Canada Inc. ("The Home Depot") to members of certain public sector procurement organizations (each, a “Public Sector Procurement Organization”) with which The Home Depot has a written agreement to assist with their purchasing needs. As a member of the Program (a “Member”), you may qualify to receive certain benefits described below.

By registering for the Program, and by your continued participation in it, you agree to these Terms and Conditions, including any amendments which may be made by The Home Depot from time to time in its sole discretion. Please review these Terms and Conditions carefully, and return to the Program Website regularly to check for amendments. The Home Depot is committed to serving you and we thank you for your business. We hope the Program demonstrates our commitment to serving your commercial needs and our appreciation of your business.

1. Eligibility, Registration and Membership

Eligibility: To be a Member of the Program, you must be a member of a Public Sector Procurement Organization operating in Canada and have received an invitation to join the Program by the Public Sector Procurement Organization directly or by The Home Depot on behalf of the Public Sector Procurement Organization. The Program is not open to natural persons. Individuals transacting for personal or household purposes do not qualify for the Program.

Registration: Eligible members will receive an invitation by email to join the Program. A valid business email address is required in order to access your Pro Xtra Public Sector Online Account on the Program Website, to which we will send regular Program administration communications. If you cannot provide a valid email address, The Home Depot will not be able to register you in the Program. Once your registration has been received by The Home Depot, you will receive a “Welcome” email to confirm your status as a Member in the Program (“Membership Date”).

Upon successful registration in the Program, Members will receive a “Pro Xtra ID”, which is simply the business telephone number and/or business mobile number. If Member pays using its Home Depot commercial card (if actively linked to Member’s Pro Xtra Public Sector Online Account as further described below), the card will function as Member’s Pro Xtra ID. If Member forgets to use its business telephone number and/or business mobile number Pro Xtra ID, simply use the “Add Receipt” function on Member’s Pro Xtra Public Sector Online Account within twenty-four 24 months of the purchase. If Member uses its Home Depot commercial card but such card is not already linked to Member’s Pro Xtra Public Sector Online Account, Member may use the “Add Receipt” function within twenty-four (24) months of the purchase, however, this receipt will not qualify as a Home Depot commercial card transaction for the purposes of calculating the extra 1% back in Quarterly Rebates.

Membership: There is no Membership fee to participate in the Program. In order to provide you with the best Member experience, your Pro Xtra Public Sector Online Account will be linked to a homedepot.ca My Account, so that you can take care of business seamlessly online. The valid email address provided during Program registration will be your single account sign in for both Pro Xtra Public Sector and homedepot.ca.

Providing false information or omitting any information required to complete Program Website registration may be grounds for denial or termination of Membership in the Program, and/or cancellation of any benefits. Membership in Program will automatically terminate if Home Depot determines that Member is in ineligible under the Terms and Conditions and any benefits earned up to that date may be cancelled. 

You can verify the accuracy of your account information by logging into your Pro Xtra Public Sector Online Account on the Program Website. Accurate mailing address information is required in order to receive your Quarterly Rebate.

Membership with The Home Depot Commercial Card: Members that desire to earn an extra one percent (1%) back in Quarterly Rebates (described below) must also be a Cardholder (defined below) of an active Canadian The Home Depot Commercial Revolving (CRC) or Commercial Account (PROX) credit card (each, a "Home Depot commercial card") account in Good Standing (defined below). Member Cardholders must link their Home Depot commercial card to their Pro Xtra Public Sector Online Account in order to earn exclusive benefits offered only on Home Depot commercial card purchases. Members may link their Home Depot commercial card at the time of Program registration. Members may also link a Home Depot commercial card after registration, however, Member will not begin to earn exclusive benefits associated with Home Depot commercial card purchases until the card is successfully linked to Member’s Pro Xtra Public Sector Online Account. Under these Terms and Conditions, a "Cardholder" is the registered business that has been issued a Home Depot commercial card account in its name. "Good Standing" means, in respect to a Member's Home Depot commercial card account, the status of not having one’s Home Depot commercial card account terminated or rights and privileges in respect of the Home Depot commercial card or account withdrawn according to Citi Cards Canada Inc.'s standard credit risk policies in effect from time to time.

If you are not already a Cardholder, you must first successfully apply for a Home Depot commercial card. Visit the Pro Desk at your local The Home Depot store or click here to apply. Providing false information or omitting any information required to complete a Home Depot commercial card application may be grounds for denial or termination of Membership in the Program, and/or cancellation of any benefits.

Under these Terms and Conditions, an "Authorized Buyer" is an individual or entity other than the Cardholder authorized to charge transactions to the Cardholder's Home Depot commercial card Account.

Qualifying Purchases and Qualifying Paint Purchases (each defined below) made by Authorized Buyers will contribute to the Quarterly Rebate (defined below) of Cardholders, but Authorized Buyers will not personally collect, view or redeem Quarterly Rebates for such Qualifying Purchases and Qualifying Paint Purchases. All Authorized Buyers under a Cardholder's commercial card account will be automatically associated with that Cardholder's account as of the Cardholder's Membership Date (defined above) for the purposes of the Cardholder earning Quarterly Rebates under the Program. Additionally, any new Authorized Buyers added to a Cardholder's Home Depot commercial card account after the Cardholder's Membership Date will also automatically be associated with that Cardholder's account for the purposes of the Cardholder earning Quarterly Rebates under the Program.

Association Members: If a Member registers for Pro Xtra Public Sector pursuant to an invitation from Member’s organization (the “Association”), the Member will become associated with the Association’s Pro Xtra Public Sector Online Account and the Association will have visibility to certain information associated with Member’s Pro Xtra Public Sector Online Account, including Member’s Contact, business name, business address, business email address, business telephone number, and Member’s total qualifying spend. Member will be listed as a participating organization member on the Organization’s Pro Xtra Public Sector Online Account until such time as the Association removes Member from their Account. At that time, the Association will cease to have any visibility to Member’s information as described above. By registering for the Program as an Association member, Member consents to the aforementioned association with its Association and disclosure of information to the Association.

2. Pro Xtra Public Sector Qualifying Purchases and Qualifying Paint Purchases

Under these Terms and Conditions, "Qualifying Purchases" are commercial purchases made by a Member (or Authorized Buyer as applicable) at The Home Depot retail stores in Canada or on homedepot.ca (when logged in to Member’s Pro Xtra Public Sector Online Account), excluding taxes, prior purchases, cash advances, interest fees, delivery charges, warranties, protection agreements, billing, fees and payments, purchases of gift cards, purchases made with The Home Depot store credit(s) (including store credits from affiliates of The Home Depot such as The Home Depot US and The Home Depot Mexico), purchases made with The Home Depot gift card(s) from the US and Mexico, or purchases made at affiliates of The Home Depot. Qualifying Purchases do not include Qualifying Paint Purchases (defined below). For clarification purposes, Qualifying Purchases include select in-Stock and special order paints, stains or primers from BEHR^®, KILZ^®, CIL^®, ZINSSER^® and GLIDDEN^® totalling under $2,000.00 based on a rolling 12 month spend.

Under these Terms and Conditions, “Qualifying Paint Purchases” are purchases of select in-Stock and special order paints, stains or primers from BEHR^®, KILZ^®, CIL^®, ZINSSER^® and GLIDDEN^® totalling $2,000.00 or more based on a rolling 12 month spend, made by a Member (or Authorized Buyer as applicable) at The Home Depot retail stores in Canada and on homedepot.ca (when logged in to Member’s Pro Xtra Public Sector Online Account), excluding taxes, prior purchases, cash advances, interest fees, delivery charges, warranties, protection agreements, billing, fees and payments, purchases made with The Home Depot store credit(s) (including store credits from affiliates of The Home Depot such as The Home Depot US and The Home Depot Mexico), purchases made with The Home Depot gift card(s) from the US and Mexico, purchases of gift cards, or purchases made at affiliates of The Home Depot. Qualifying Paint Purchases are subject to change from time to time.

Qualifying Purchases and Qualifying Paint Purchases are subject to change from time to time. Please confirm the then-current Terms and Conditions posted on this Website at the time of purchase. Quarterly Rebates may not be earned retroactively on past purchases or on purchases made prior to the Membership Date.

3. Pro Xtra Public Sector Program Rebates

a. QUARTERLY REBATES

i. Summary

1. Members that make Qualifying Purchases and Qualifying Paint Purchases using their Pro Xtra ID will earn towards Quarterly Rebates.
2. Quarterly Rebates will be issued automatically in the form of a cheque, payable within sixty (60) days of the end of each Quarterly Period, and mailed to the address provided by the Member.
3. Quarterly Rebates will accrue from the date of the first Qualifying Purchase and/or Qualifying Paint Purchase made with Member’s Pro Xtra ID.
4. The Quarterly Periods are:

ii. Collecting Quarterly Rebates

Quarterly Rebates can be collected based on the amount of each Qualifying Purchase and Qualifying Paint Purchase made by Member using their Pro Xtra ID.

Quarterly Rebates will be calculated as follows:

A. Quarterly Rebate based on Qualifying Purchases in the quarter.

Earned based on Member’s Tier (calculated based on rolling 12 month Qualifying Purchase spend)
+

B. Quarterly Rebate based on Qualifying Paint Purchases in the quarter.

Earned based on rolling 12 month Qualifying Paint Purchase spend.
=

Total Quarterly Rebate

NOTE: As of the Effective Date of these Terms and Conditions, if Qualifying Purchases and/or Qualifying Paint Purchases above are made using Member’s Home Depot commercial card, Member will earn an additional one percent (1%) back in Quarterly Rebates as detailed below.

A. QUARTERLY REBATE BASED ON QUALIFYING PURCHASES IN THE QUARTER

Note: Member’s current tier level is based on a rolling 12 month Qualifying Purchases spend and will not reset so long as Member meets the applicable spend threshold for the current tier. Above tier rates apply to all Qualifying Purchases. Qualifying Paint Purchases will follow the tier rates below.

B. QUARTERLY REBATE BASED ON QUALIFYING PAINT PURCHASES IN THE QUARTER

Example 1: As of the Effective Date of these Terms and Conditions - Calculating Qualifying Purchases, Qualifying Paint Purchases and resulting Quarterly Rebates for a Member at Silver Tier that successfully signed up to the Program and who uses a tender other than The Home Depot commercial card.

Example 2: As of the Effective Date of these Terms and Conditions - Calculating Qualifying Purchases, Qualifying Paint Purchases and resulting Quarterly Rebates for a Member at Silver Tier that successfully signed up to the Program and uses Member’s The Home Depot commercial card (that is linked to Member’s Pro Xtra Public Sector Online Account).

For the purpose of calculating the value of Qualifying Purchases and Qualifying Paint Purchases, each transaction will be rounded down to the nearest dollar. Additional cents that are not calculated into the value of a Qualifying Purchase and Qualifying Paint Purchase cannot be carried forward and for the purpose of calculating Quarterly Rebate only will be void. Quarterly Rebates will be rounded down and issued only in whole number values.

If Member forgets to use its Pro Xtra ID, simply use the “Add Receipt” function on Member’s Pro Xtra Public Sector Online Account within twelve (12) months of the particular Qualifying Purchase and/or Qualifying Paint Purchase. If the eligible receipt is added before an upcoming Quarterly Rebate issuance, it will count towards that Quarterly Rebate. If the eligible receipt is added after a particular Quarterly Rebate issuance and before twelve (12) months of the Qualifying Purchase and/or Qualifying Paint Purchase, it will count towards the Member’s Tier Level calculation. If the eligible receipt is added after twelve (12) months of the Qualifying Purchase and/or Qualifying Paint Purchase, it will not count towards any Quarterly Rebate, but will still appear in Purchase Tracking for up to 2 years from original purchase date.

iii. Quarterly Rebates and Returns

Any and all returns of merchandise from Qualifying Purchases and Qualifying Paint Purchases shall be subject to The Home Depot's return policy. For returns that are refunded to the original payment method (e.g., credit card), the total value of such return will be deducted from Member’s Qualifying Purchases and Qualifying Paint Purchases, as applicable. For returns where the Member is provided with a store credit, the value of such return will not be deducted from the Member's Qualifying Purchases and Qualifying Paint Purchases, as applicable (note that purchases with store credit do not qualify as Qualifying Purchases or  Qualifying Paint Purchases for the purposes of determining Member’s total Quarterly Reward).  Deductions in Quarterly Rebates for returned merchandise shall be completed at the end of the applicable quarter. Your updated total spend and Qualifying Spend and Qualifying Paint Spend can be viewed in your Pro Xtra Public Sector Online Account information on the Website.

4. Privacy

Participation in the Program is also governed by The Home Depot Privacy and Security Statement . The Home Depot may collect, use and disclose your personal information as described in The Home Depot Privacy and Security Statement and additionally, as described in these Terms and Conditions, including in this section.

Your Business Information (defined below) is not necessarily considered personal information and in some cases is not subject to privacy laws or The Home Depot Privacy and Security Statement. Nonetheless, we have provided some information on how we use your Business Information so you may better understand how we use it. “Business Information” includes information such as business name, logo or avatar, credentials and qualifications, year of business establishment, and any other information that relates to your business or is used for the purpose of communicating or facilitating communication with you in relation to your business.

When you register for the Program, The Home Depot will collect information of the Member contact, including name, and Member, including business name, business address, business telephone number and business e-mail address. We also collect Home Depot commercial card numbers that Member provides during registration so that Member’s card functions as Member’s Pro Xtra ID.  The Home Depot commercial card numbers will not be retained, but will be converted to another unique identifier.  We use this information, in conjunction with our authorized agents and representatives, to administer your participation in the Program, including processing of Quarterly Rebates, to send you electronic receipts and other transaction records, for marketing purposes and for the purpose of communicating or facilitating communication with you in relation to your business. Through participation in the Program, The Home Depot may gather and share Business Information with its authorized agents, service providers and to third parties for services and programs related to the Program, which will be used to administer the Program and improve the ways in which we serve the Members and other customers. This includes the sharing of your business name, business contact information and your business’s purchase history in the Program, including in store and online, with the third party companies who make those products and their service providers. They may contact you about their products, including with suggestions for other products you might like to purchase from us. You may opt-out from these communications by advising the third party directly when contacting you or by contacting us below. Additionally, when registering, you may be given the option to opt-in to receive promotional emails and/or text messages from The Home Depot about the Pro Xtra Public Sector Program and/or other subjects (you can unsubscribe at any time). By participating in the Program, you agree that we and our affiliates (including service providers, agents, and parties initiating communications on our or their behalf) may contact your business for marketing and non-marketing purposes

You can contact us or otherwise communicate your privacy preferences by:

• e-mailing us at privacycanada@homedepot.com
• accessing your account information on the Website
• registering or changing your privacy preferences at  www.homedepot.ca/en/home/customer-support/unsubscribe.html.  Please allow up to ten (10) days for your preferences to be processed.
• writing us at the address below (please include your e-mail address and phone number with your correspondence along with the information needed to support your request):

Home Depot of Canada Inc.
Attention: Privacy Office
400-1 Concorde Gate
Toronto, Ontario
M3C 4H9

5. Program Modifications

The Home Depot reserves the right to cancel, suspend, modify or amend any part of the Program or these Terms and Conditions at any time. Without limiting the generality of the foregoing and to the fullest extent permitted by applicable law, The Home Depot reserves the right to amend, notably: (i) the Program eligibility, registration, or membership requirements; (ii) what will constitute Qualifying Purchases and Qualifying Paint Purchases; (iii) the calculation and redemption of Quarterly Rebates, including, to the extent permitted by applicable law, establishing and enforcing time limits on the collection, redemption, and usage of Quarterly Rebates; (iv) the partners and/or suppliers participating in the Program; (vi) the availability, calculation, and benefits associated with member tiers, and the associated spend thresholds and Rebate ratios; (v) any dates, timelines or time periods relevant to these Terms and Conditions; and (viii) any other aspect of the present Terms and Conditions.

Should we make such an amendment, we will post the changes to the Program at least thirty (30) days before the amendment comes into effect, and will indicate at the top of this page the date the Program was last revised.

In addition, where required by law or at our discretion, we will provide notice of such amendment to Members using email and/or your mailing address, or any other contact information we have for you in our discretion. Where required by law, this notice will be provided between ninety (90) and sixty (60) days before the amendment comes into effect for a change to an essential element of the Program, and at least 30 days prior to another change  (or such other period as may be required or permitted by applicable law) and will set out, where required by law, the new clause, or the modified clause and how it read formerly, and the date on which the amendment will come into effect. You may refuse the amendment and rescind, or cancel your participation in the Program without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, using the information in the notice. To the fullest extent permitted by applicable law, your continued participation in the Program after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, the terms the Program, as revised.

The Home Depot also reserves the right to terminate the Program, or any part thereof, at any time. Should we do so, where required by law or at our discretion, we will provide notice of same to Members at least sixty (60) days before the termination comes in to effect (or such longer period as may be required by applicable law). If The Home Depot terminates the Program, or the portion of the Program giving rise to any benefits (including without limitation, Quarterly Rebates, or other reward or benefit), then at our discretion and where permitted by law, such benefits (including without limitation, any rewards, Quarterly Rebates, or other reward or benefit), may also be terminated, and any such benefits accumulated prior to termination may expire in The Home Depot’s sole discretion and to the fullest extent permitted by applicable law.

From time to time, The Home Depot may (but is under no obligation to) offer special bonuses, rewards, gifts or benefits ("Rewards") to some or all Members Eligibility for such Rewards will be determined by The Home Depot in its sole discretion, and may be subject to additional terms and conditions released in association with such a Reward offer.

 

6. Taxation

Any applicable federal, provincial and local taxes are the sole responsibility of the Program Member. The Home Depot does not assume and will not be liable for any taxes which may be or become payable by Member including any taxes resulting from or arising as a consequence of Member’s participation in the Program, and Member will indemnify and save harmless The Home Depot and its owners, parents, officers, shareholders, affiliates, subsidiaries, associates, directors, employees, subcontractors, and agents from and against all such taxes.

7. Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. All decisions regarding the interpretation of these Terms and Conditions shall be at the sole discretion of The Home Depot, and shall be final and binding in all respects. To report an apparent discrepancy, or to inquire with respect to your Pro Xtra Public Sector Online Account, please contact Member Services.

In no event shall The Home Depot's liability with respect to the Program and the Quarterly Rebates, including liability for negligence or breach of contract, be greater than the value of the applicable Quarterly Rebate claimed at the time the dispute arose.

Any disputes, controversy or claim arising out of or relating to the Program and/or these Terms and Conditions(“Dispute”), shall be resolved in accordance with the terms and conditions set out in this Section 7. If a Dispute arises, you shall provide us with notice of a Dispute in writing by sending a letter to Home Depot of Canada Inc., 400-1 Concorde Gate, Toronto, Ontario M3C4H9, Attention: Legal Department (“Notice of Dispute”) at least thirty (30) days before initiating one of the Dispute Resolution Methods defined below so that we may make best efforts to cooperate in good faith to resolve the Dispute. For clarity, Dispute has the broadest possible meaning and includes, without limitation, disputes based upon contract, tort, fraud and other intentional torts, agency, statute or constitution, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief), and includes claims, cross-claims, and third-party claims, as well as disputes in the past, present, or future. If the Dispute is not resolved within sixty (60) days of receipt of a Notice of Dispute, the Dispute shall be referred to one of the following dispute resolution methods: (a) the Small Claims Court of the Superior Court of Justice (“Court”) if the amount claimed is $25,000 or less and otherwise falls within the Court’s jurisdiction; or (b) final and binding arbitration in accordance with the provisions of the Arbitration Act, 1991, S.O. 1991, c.17 (Ontario) or any successor legislation enforced in the Province of Ontario (“Arbitration”), in the case of any other Dispute (collectively, the “Dispute Resolution Methods”). In Quebec, the definition of “Court” shall be the Small Claims Division of the Court of Quebec if the amount claimed is $15,000 or less, and otherwise falls within either the jurisdiction of the Court of Quebec or the Superior Court of Quebec. Where a dispute is referred to Arbitration, the Arbitration shall be (a) seated and take place in Toronto, Ontario; (b) be conducted in the English language by a sole arbitrator appointed by mutual agreement; and (c) carried out in accordance with the Expedited Arbitration Rules effective March 29, 2017 of the Canadian Arbitration Association. Each party shall bear its own costs, fees and expenses during the process to resolve a Dispute, including providing the Notice of Dispute, shall be kept confidential, save and except for information disclosed as part of the Court record. The Arbitration shall be conducted on a private and confidential basis.

8. General Terms and Conditions

Quarterly Rebates may not be purchased or sold and are not transferable except as otherwise stated herein.

This Program is void where prohibited by federal, provincial or local law.

Despite our best efforts to ensure accuracy, errors occasionally occur. The Home Depot reserves the right to correct such errors at any time even if it affects pending, erroneously awarded, or erroneously used Quarterly Rebates.

By enrolling in the Program, Member accepts the Terms and Conditions and Member (and if Member has a Home Depot commercial card, the Cardholder and any Authorized Buyer as well) release The Home Depot and hold The Home Depot and its authorized agents harmless from any claim, liability or damage relating to the Program and Quarterly Rebates.

The Home Depot reserves the right to terminate Program membership, in the event of (as determined by The Home Depot in its sole and absolute discretion):

1.    Fraud or abuse relating the Program, including without limitation, to the collection and/or redemption of Quarterly Rebates, and/or any other Pro Xtra Reward;

2.    Any violation of these Terms and Conditions, or

3.    Should Member, or Member’s directors, officers, employees, agents, shareholders, or affiliates, engage in any behaviour, or be alleged to have engaged in any behaviour, whether before or after becoming a Member, and regardless of how such behaviour becomes known, that may in the sole and absolute discretion of The Home Depot, compromise the integrity, spirit or intent of the Program, degrade, disparage, tarnish or deprecate The Home Depot and/or the public image or standing in the community of The Home Depot, or that is shocking or offensive to public morals, decency, morality or social propriety, is subject to any investigation, charges, or is found liable in any action in any jurisdiction, which results or may result in public scandal or ridicule as may be perceived by the general public or any class or group thereof.

Any such termination will result in your forfeiture of all collected Pro Xtra Rewards, including Quarterly Rebates, as well as termination of your Program Membership and voiding of any Quarterly Rebate, and other Pro Xtra Rewards. The Home Depot reserves the right to pursue legal action in the event of fraud, misrepresentation, abuse or violation of these Program Terms and Conditions.

As a condition of membership, Members may receive Quarterly Rebate statements, Program updates and other related materials which will be posted on the Website at the discretion of The Home Depot, and may be mailed or emailed to the Member upon request. The Home Depot reserves the right to cease mailing Program updates and related materials to any Member.

To cancel your Program membership at any time, please contact your Public Sector Procurement Organization, which can remove you from the Program. You will cease to earn Quarterly Rebates (if applicable) upon the date of cancellation and, and/or Quarterly Rebate collected will be paid out within sixty (60) days of termination.

These Terms and Conditions and Member’s enrollment in the Program may not be assigned by Member or Member contact.

No delay or omission on the part of The Home Depot to exercise any right or remedy hereunder, or otherwise to enforce these Terms and Conditions, shall be deemed to be a waiver of these Terms and Conditions or any applicable remedy to which it may be entitled.  No waiver shall constitute a waiver of any other term, condition, default, breach, right or remedy, nor shall any wavier constitute a continuing waiver.

The Terms and Conditions constitute the entire agreement between the Member and The Home Depot regarding the Program and supersede any prior written or oral terms related thereto.

If any term hereof is held by a court to be invalid or unenforceable, such term shall be severed here from and the remaining terms shall remain in full force and effect.

In the event of any inconsistency or discrepancy between the terms and conditions of these Program Terms and Conditions or other statements contained in any Program-related materials and/or advertising, the terms and conditions of these Program Terms and Conditions shall prevail, govern and control.

In the event of a discrepancy between the English language version and the French language version of the Program Terms and Conditions, and to the maximum extend permitted by applicable law, the English version shall prevail, govern, and control.

Questions?

Any questions regarding the Program, your Pro Xtra Public Sector Online Account or Quarterly Rebates can be directed to the Pro Xtra Customer Service Centre at 1-800-759-2070. Member Service representatives are available to assist you from 8 a.m. to 9 p.m. ET, Monday through Friday.