Terms of Use

Walmart Spark Driver Mobile App Terms of Use

Last Updated: May 25, 2026

This Spark Driver Contract and App Terms of Use (the “Terms of Use”) are your contract with Walmart governing your access to and use of the Walmart Spark Driver Mobile App (“Spark App”), including the service level standards required of you in connection with your access to the Spark App.  By clicking accept, or accessing or using the Spark App, you affirm that you are of legal age to enter into these Terms of Use, and you agree to be bound by these Terms of Use.  If you violate or do not agree to these Terms of Use, then your access to and use of the Spark App is unauthorized, and your Spark App account may be suspended or deactivated.

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 available through the Spark App. 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 notify you of such changes.  By continuing to use or access the Spark App 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.

1. Definitions

“Applicable Law” means all laws, rules, regulations, orders, codes and ordinances applicable to all aspects of the Services and use of Spark App.

“Canadian Sales Taxes” means Canadian Federal or Provincial sales, goods and services, value added and other similar taxes.

“Content” means any content you provide on or through the Spark App.

“Data” or “Walmart Data” means all data available to you related to the access and use of the Spark App, including all Product data, Personal Information or Receiving Party Information, and all data within or outside of the Spark App (for example, the Spark Driver website) related to the provision of Services.

“Delivery Service(s)” means your provision of delivery services for Receiving Parties as an independent contractor transporting the Products via the Spark App.  

“Device” means a mobile device owned or controlled by you on which the Spark App has been installed solely for the purpose of providing Delivery Services.

“Earnings” means the money you receive in exchange for providing Services, excluding tips from customers. 

“Personal Information” means any and all tangible and intangible information, in any form or medium whatsoever, that may be disclosed to or accessed by you in connection with or incidental to the performance of the Services or by any other means, and that relates to an identified or identifiable individual and any other type of information deemed “Personal Information” and protected by Applicable Law.

“Product” means all items that are delivered by you while utilizing the Spark App.

“Receiving Party” means a party to whom you provide a Service.

“Receiving Party Information” means information about a Receiving Party made available to you in connection with the Services, which may include Receiving Party’s name, location, contact information, and any other related information.

“Service(s)” means, collectively or individually, Delivery Services, Shopping Services, or any other services you provide through the use of the Spark App.

“Service Level Standard” means any specific instructions, performance expectations, or standard of service communicated to you through these Terms of Use and other forms of communication associated with your provision of Services

“Service Offer(s)” means the Service business opportunity offered to you through the Spark App.

“Shopping Services” means your provision of shopping services for Receiving Parties as an independent contractor via the Spark App. 

“Spark App” means the mobile application provided by Walmart for the purpose of offering Services.

“Vehicle” means the street-legal and motorized Vehicle (not including a motorized scooter, bicycle, or skateboard or any other means of transportation that are not registered vehicles) controlled or owned by you, which is used for the purpose of providing Services. 

“Walmart” means Wal-Mart Canada Corp. and any affiliates of Wal-Mart Canada Corp. (including any subsidiaries that Wal-Mart Canada Corp. may form or acquire in the future or any future affiliates of Wal-Mart Canada Corp.), and each of their suppliers, vendors, contractors, service providers, and licensors as well as each of their directors, officers, employees, and agents. We also refer to Walmart as “we,” “us” and “our.”

“You” or “your” means you, the person accepting these Terms of Use and agreeing to be bound by them.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: While there are important points throughout these Terms of Use, please note the warranty disclaimers and limitations on Walmart’s liability explained in Sections 7, 8 and 9, respectively.

WALMART DOES NOT PROVIDE DELIVERY SERVICES. INDEPENDENT CONTRACTORS OFFER SERVICES THROUGH USE OF THE SPARK APP. WALMART OFFERS INFORMATION AND A METHOD FOR INDEPENDENT CONTRACTORS TO IDENTIFY BUSINESS OPPORTUNITIES THROUGH THE SPARK APP, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SERVICES AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY INDEPENDENT CONTRACTOR THAT USES THE SPARK APP.

2. Standards and Requirements for Use of the Spark App

A. Provision of Services: You may only use this Spark App in connection with Services offered in Walmart’s sole discretion through the Spark App. You will not use or access the Spark App for any other unauthorized purpose. You acknowledge that there may be other terms governing your provision of Services that are in addition to these Terms of Use. You are not authorized to subcontract Services to others; as the vetted Spark App account holder, you are the only person authorized to provide Services through your Spark App account, whether the Service includes driving, shopping, customer interaction, or other tasks. These Terms of Use are for your use of the Spark App in Canada; you will not engage with the Spark App outside of Canada for the purposes of completing identity verification, turning on the ability to receive Service Offers, or attempting to accept and/or complete Service Offers.  

B. Description/Itemization of Services: Service Offers may include picking up orders at specified pick-up locations and dropping off at specified Receiving Party locations and/or shopping inside stores for customer orders and delivering those orders to Receiving Parties. Some Service Offers may include more than one drop-off, pick-up, or shopping order. You may see a description/itemization of services in the Spark App prior to accepting a Service Offer. The number of Service Offers you accept to perform is your choice; no minimum number is required. You may decide what days and times to perform Service Offers subject to any On Time Arrival and On Time Delivery standards noted in each Service Offer, pick-up location hours, and any laws regarding hours of providing Services. You will not accept Service Offers you do not intend to complete. Repeated acceptance and cancelling of Service Offers may result in termination of this contract and suspend or revoke your ability to utilize the Spark App.  

C. Location of Services: Service Offers will display the pick-up and drop-off location for Services. You may review the location for Services before accepting Service Offers.

D. Service Level Standards: You are responsible for using your own business judgment and controlling how you complete Service Offers. You agree to perform the Services in a professional, safe, and workmanlike manner, in compliance with standard industry practices, and following specific Service Level Standards and Applicable Law for each Service. An individual Service Offer posted on the Spark App or type of Service Offer posted on the Spark App may contain specific instructions or reference specific instructions housed elsewhere, each of which become a Service Level Standard under these Terms of Use when you accept the Delivery Service. Walmart may terminate this contract and suspend or revoke your ability to utilize the Spark App if you fail to meet Service Level Standards. You agree to meet the Service Level Standards, including the following: 

i. On Time Arrival at Pick-up.  For Delivery Services, you agree to arrive at the designated pick-up location stipulated in the Service Offer at the designated pick-up time and no later than 15 minutes after the designated pick-up time. The ratio of your on-time arrival to total arrivals will be available to you in the MyMetrics tab of the Spark App, and you agree to maintain the minimum percentages noted here. 

ii. Reliability. You agree to perform the Service Offers you accept. There is no minimum number of offers you are required to accept, but you must complete a Delivery Service once accepted. Multiple instances of accepting Delivery Service offers without completing them may result in deactivation from the Spark App. The ratio of the Service Offers that you accept and perform to those that you accept and do not perform (Completion Rate) will be available to you in the MyMetrics tab of the Spark App, and you agree to maintain the minimum percentages noted here. 

iii. Customer Service.  You agree to conduct your interactions with Receiving Parties and other individuals you engage with during the course of providing Services or otherwise participating in the Spark App program in a professional manner, performing Services with a reasonable standard of care, to maintain customer satisfaction with your provision of Services, and that you may receive customer ratings based on those interactions. You agree you will not make rude comments or use profanity, ask for tips, request Receiving Party contact information, advertise a business or service unrelated to the Delivery Service you are providing, make unsolicited political or religious comments or complain about the Spark Driver platform or the Receiving Party’s order.  

iv. Vehicle Standards.  Vehicles you use to provide Services must be clean, smoke free, have capacity to securely hold the selected Service Offer orders, and have the capacity to keep Service Offer(s) contained, separate from each other, and free from contamination by pets, pet hair, smoke, or other contaminants. Walmart may refuse to provide orders to you if Vehicles do not meet these standards. 

v. Delivery hand-off. Some Delivery Services require that you hand the order off to the Receiving Party at their doorstep, unless it is a no-contact delivery. If the Receiving Party does not answer the door, you agree to attempt to contact the Receiving Party through the Spark App before returning the order to the pick-up location. If performing any Delivery Service Offer requiring an unattended delivery (e.g., to be left at doorstep), you agree to ring the Receiving Party’s doorbell or knock on the door to notify the Receiving Party the delivery has arrived (unless otherwise instructed by the Receiving Party). When providing a Delivery Service, you agree not to enter or attempt to enter the customer’s home. The previous sentence does not apply to common or public areas such as lobbies or reception areas.  If the Spark App prompts you to record proof of delivery, you agree to provide the proof of delivery as requested, including, for example, using the Spark App to take a picture of the items delivered with the delivery location in the photo, or obtaining customer signature.

vi. Customer Delivery Instructions. You agree to follow the Receiving Party’s delivery instructions as indicated in the Spark App as long as their instructions are reasonable and do not: (a) conflict with Applicable Laws, Service Level Standards, or these Terms of Use; or (b) require you to deliver an order to an address not provided in the Service Offer. 

vii. On-Time Delivery.  You agree to deliver the Receiving Party’s order to the address provided in the Service Offer, and within the delivery window timeframe specified in the Service Offer.  

viii. Full & Correct Orders. You agree that you will deliver full and correct orders to the correct address, as provided in the Service Offer. 

ix. Delivery Completion.  You agree to complete a Delivery Service once selected unless the Delivery Service is cancelled prior to starting your trip to the pick-up location. Completion Rate is the percentage of trips successfully delivered or returned after making a good faith attempt to deliver to the customer’s location. If you select a Delivery Service Offer and then fail to travel to the store for pick-up, then your Delivery Service Offer may be revoked and offered to others. Completion Rate is part of MyMetrics. Your Completion Rate will be available to you in the MyMetrics tab of the Spark App and information on minimum percentages can be found here. 

x. Passengers & Pets. You agree you will not accept a rideshare passenger while Services are being performed. You agree that during the performance of Services, you will not have as passengers children who should not be left unattended in the Vehicle. Passengers are prohibited from assisting with the Services or performing Services under their own Spark App account while a passenger in your vehicle. You are responsible for ensuring that any passengers you choose to bring with you do not disrupt your performance of the Services. Walmart may deactivate your Spark App account if your passengers create disruptions or engage in illegal activity while you are using the Spark App or performing Services. You agree not to have a pet in your vehicle while performing Services.

xi. Your Use of the Spark App: Your use of the Spark App is limited to you and only you. You agree to:   

1. Log in to the Spark App yourself using your own username and password;  
2. Physically log in to the Spark App yourself and not use any bot or other form of technology to log in to the Spark App; 
3. Safeguard your Spark App login username and password and not share, loan, lend, or otherwise make available, intentionally or unintentionally, your username and password with anyone else; 
4. Comply if Walmart adds additional forms of account credentials or authentication factors. Should Walmart do so, you agree to additionally safeguard these credentials or authentication factors and not share them with anyone; 
5. Report concerns of unauthorized use of your Spark App account within 24 hours of discovery by calling the Spark Driver Support hotline at 1-833-293-1253;  
6. Allow no other person to log in to your Spark App account other than you; 
7. Perform Service Offers yourself;  
8. Not use or attempt to use anyone else’s Spark App account; and  
9. Not allow anyone else to perform Service Offers by posing as you. 

xii. Identification Verification. You agree to show your unexpired, valid, driver’s license issued by a province in Canada, showing your name and your photo upon request by a Walmart associate, to verify your identity; paper licenses, pictures and/or digital copies, or photos of your license or other documents may be insufficient to meet this Service Level standard.

xiii. Business Disruption.  You agree you will not engage in any activity that results in a disruption to Walmart’s operations while performing Services.

xiv. Shopping Services. You agree to follow the in-app guidelines for Shopping Services and Delivery Services, including steps necessary to pass check-out audits. You agree not to falsely mark items as unavailable when the items were actually in stock and available while completing a shopping service.

xv. Restricted Areas and Store Access. You agree that, while performing Services, you may access only customer-facing areas of a Walmart store that are necessary to complete the Services. You agree not to enter or attempt to enter non-public, restricted, or employee-only areas

E. Compliance: You agree to utilize the Spark App in compliance with all Applicable Law and industry standards, and will reasonably cooperate with investigations relating to your failure to comply with these standards, without limitations:

i. Safeguarding Orders. You agree to safeguard and preserve the quality of orders at all times from contamination, smoke, adulteration, excessive heat, excessive cold, or tampering by meeting all federal, provincial, and municipal food safety requirements and standards while performing Services. This includes but is not limited to, (i) keeping your vehicle (a) in a good state of repair; (b) clean, free from odours or smells, and (c) free of any items that may cause contamination; (ii) using an insulated bag that is in a serviceable condition (i.e., clean, no rips or tears in bag, and the bag can be closed) to maintain temperature requirements, and that all Service Offers involving temperature-sensitive items are completed and delivered to the Receiving Party within the delivery window timeframe specified in the Service Offer, and in all cases no later than seventy-five (75) minutes after receiving the order from the store; (iii) handling, bagging, and separating products so as to prevent cross-contamination

ii. Safeguarding Privacy and Reporting ViolationsS.  You agree you will not engage in any activity that would constitute an invasion of the Receiving Party’s or other third party’s privacy. You will not: (a) collect, retain, use, access, rent, sell or disclose any Personal Information contained in a Service Offer, the Spark App, generated through the provision of Services, or otherwise disclosed, shared or transferred to you by Walmart, a Walmart Entity or a Non-Walmart Retailer for any purpose other than to provide the Services as set forth in these Terms of Use; (b) retain, use or disclose any Personal Information connected with the Services outside of the direct business relationship between you and Walmart or you and a Walmart Entity; or (c) use any Personal Information connected with the Services to create any derivative work or product for the benefit of yourself or any other party. Any unauthorized use of Personal Information connected with the Services will constitute a material breach of these Terms of Use and, as a result, Walmart may suspend or terminate your access to the Spark App. You acknowledge and agree that you understand the restrictions set out in this Section and will comply with them. You will notify Walmart immediately in the event you become aware that any Personal Information contained in a Service Offer, the Spark App, generated through the provision of Services, or otherwise disclosed, shared or transferred to you by Walmart, a Walmart Entity or a Non-Walmart Retailer is (or may have been) accessed, used, disclosed or exploited other than as expressly permitted by these Terms of Use.   

iii. Criminal Acts. You agree you will not engage in any activity resulting in a criminal act in connection with the provision of Services through the Spark App, and understand your Spark App account access may be revoked on suspicion of such activity including, but not limited to:

(a) unwanted physical contact, including physical assault or injury;

(b) unwanted sexual contact, including sexual assault;

(c) theft or burglary;

(d) driving under the influence of drugs or alcohol or other driving related offences;

(e) falsification of records; and

(f) intentional property damage.         

iv. Discrimination, Harassment, and Retaliation. You agree you will not engage in any activity constituting discrimination or harassment in connection with the provision of Services through the Spark App or other activities related to your use of the Spark App, including, but not limited to, contacting Receiving Parties for any purpose outside of the provision of Services through the Spark App or using profanity or threatening language with individuals you engage with in activities related to your use of the Spark App. You further agree to follow Spark App policies applicable to you regarding discrimination and harassment prevention. 

v. Local Ordinances.  You agree to maintain compliance with local ordinances impacting the provision of Services, including local health orders, parking restrictions, speed limits and noise restrictions.

vi. Insurance, Accidents, and Claims. You agree to maintain insurance coverage required under Applicable Law with respect to the Services. You must submit proof of such current insurance to us and must submit any updated proof of insurance information as it is updated or modified. You acknowledge that personal automobile insurance might not provide any coverage for commercial use of a personal vehicle and agree to promptly notify your insurance provider of the fact that you provide Services. You also agree to promptly notify your insurance carrier of any claims against you relating to your provision of Services, and to notify us of any vehicle accidents, moving violations, injuries or property damage that occur while performing Services under these Terms of Use. You agree to cooperate with us in pursuing any coverage available under your insurance and to provide Walmart with information concerning the status of any claim upon our request. You acknowledge and agree that we may share your insurance information with a third party for the purpose of filing or responding to a claim if you fail to do so. 

vii. Worker’s Compensation. You agree to maintain Worker’s Compensation insurance coverage required under Applicable Law with respect to the Services.

viii. Maintaining Eligibility. We may suspend or deactivate your Spark App account if you fail to maintain your eligibility to provide Services using the Spark App. Eligibility requires you to: 

1. Be age 18 or older; 
2. Provide your true and accurate name, phone number, email address, and mailing address; 
3. Be authorized to perform services as an independent contractor in Canada; 
4. Have an unexpired, valid driver’s license in your name issued by a province of Canada (paper or digital licenses may not be accepted);  
5. Verify your identity electronically using a driver's license (as described above) and a selfie; 
6. Have a mobile phone number with the Canada country code +1 followed by ten digits;  
7. Provide proof of valid auto insurance for the Vehicle you will use, which includes: your name, policy number, effective and expiration dates, and Vehicle information; 
8. Have a clean and reliable Vehicle;
9. Have a mobile Device with camera and GPS capabilities; and
10. Have an active financial account for receipt of your Earnings, either through direct deposit or through an accepted financial technology company’s digital wallet.  Account approval and acceptance decisions will be made by the financial services providers contracted to serve the Spark Driver platform.

Background screening may be conducted, including work authorization validation, motor vehicle records and criminal background checks; reviews will be conducted in accordance with applicable laws. 

You are further required to keep up-to-date documentation on file with us, such as, but not limited to, a copy of your valid driver’s license issued by a province of Canada, proof of insurance, Vehicle information, and correct active account information for receipt of Earnings. If at any time you fail to meet maintaining eligibility requirements, or your criminal history or driver’s abstract record changes, rendering you ineligible to use the Spark App, we may temporarily suspend or deactivate your Spark App account. Additionally, we may periodically deploy a facial recognition tool, in accordance with the Spark Driver Privacy Notice and Applicable Law, for purposes of validating your identity in relation to the photo on your driver’s license issued by a province of Canada to ensure your account is being used by the vetted and eligible individual. Failure to pass periodic identity verification may result in Spark App account suspension or deactivation.  

ix. Canadian Sales Taxes. You will register yourself, if required by Applicable Law, for any Canadian Sales Taxes applicable from time to time with respect to any payment by Walmart of any fees payable to you as compensation for the Services and agree, to ensure Walmart is properly invoiced for such Canadian Sales Taxes as and when due. You will provide evidence of such registration from time to time as may reasonably be required. You will be responsible for any penalty and interest charged by any relevant taxing authority in respect of Canadian Sales Taxes owed in connection with your Services.

F. Your Relationship with Receiving Parties. You acknowledge and agree that you are responsible for taking such precautions as may be reasonable and proper in connection with your interaction with Receiving Parties or their property that arise from your provision of the Services or use of the Spark App.  Walmart is not responsible or liable for the actions or inactions of a Receiving Party in relation to you while conducting Services. You acknowledge and agree that Receiving Parties may be provided with the ability to provide ratings or reviews of your provision of Services, which may include content which reflects negatively on or otherwise disparages your performance or conduct. Walmart is not responsible for producing or monitoring such ratings and reviews or for evaluating their truthfulness or comprehensiveness. Walmart is not responsible for the impact of any ratings or reviews on your earnings, or potential to perform Services. You hereby release Walmart from any claims related to content of any such ratings or reviews, including any claim that such ratings or reviews are defamatory, that Walmart is the publisher of defamatory content or that you suffered damages as a result of any such ratings or reviews.

G. Devices and Supplies.  You are responsible for the acquisition, cost and maintenance of your Devices as well as any necessary wireless data plan or other supplies.  With respect to the Spark App, we will  make available the Spark App for installation on the Device.  You agree that: (i) use of the Spark App on your Device requires an active data plan with a wireless carrier associated with your Device, which data plan will be provided by you at your own expense; and (ii) use of the Spark App on your Device as an interface may consume very large amounts of data through the data plan, for which you have no entitlement to reimbursement from Walmart.  WALMART SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FEES, COSTS, OR OVERAGE CHARGES ASSOCIATED WITH ANY DATA PLAN. Your Devices must meet Walmart requirements and specifications for mobile devices, which shall be updated from time to time without notice. Such requirements and specifications are set out here.

H. Location Based Services.  You acknowledge and agree that your geolocation information must be provided to the Spark App via the Device in order to provide Services. You acknowledge and agree that: (i) your geolocation information may be obtained by the Spark App while it is running; and (ii) we are not responsible for the accuracy of your geolocation information. In addition, we may monitor, track, and share with third parties your geolocation information obtained by the Spark App and the Device for operational, customer experience, safety, and security purposes related to the Spark App, and Services.

I. Account Information; Prohibitions.  You certify that any information you provide, or have provided, to Walmart is accurate, and, if this information changes, you will promptly notify Walmart of this change. You also certify that (i) any information you provide on or through the Spark App is complete and (ii) any content you provide on or through the Spark App is accurate. You are solely responsible for maintaining the confidentiality and security of your account including username and password. Walmart is not responsible for any losses arising out of the unauthorized use of your account. You agree that Walmart does not have any responsibility if your Device is lost or access to your Device is shared with others, and Walmart may (but is not obligated to) deactivate your account if those events occur.  Your account may be restricted or terminated for violating these Terms of Use or failure to meet any associated Service Level Standards.  Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Spark App, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Spark App. In connection with the Spark App, you will not:

i. Make available any Content through or in connection with the Spark App that is or may be in violation of the content guidelines set forth in these Terms of Use. 

ii. Make available through or in connection with the Spark App 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.

iii. Use the Spark App fraudulently or for any purpose that is fraudulent or otherwise tortious or unlawful, including sharing accounts, using another person’s account, activating multiple accounts, or entering false information into the Spark App, such as logging a check-in time before arriving at the pick-up location, marking an order delivered before you have delivered it to the Receiving Party, or positioning your Device in a location to project a particular geo-location when you are not available to receive Service Offers at the same location as your Device.  

iv. Harvest, disclose or collect information about users of the Spark App or the Services.

v. Interfere with or disrupt the operation of the Spark App or the systems, servers, or networks used to make the Spark App available, including by hacking or defacing any portion of the Spark App; or violate any requirement, procedure or policy of such servers or networks.

vi. Restrict or inhibit any other person from using the Spark App.

vii. 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 Spark App except as expressly authorized in these Terms of Use, without Walmart’s express prior written consent.

viii. Reverse engineer, decompile, or disassemble any portion of the Spark App, except where such restriction is expressly prohibited by Applicable Law.

ix. Remove any copyright, trademark, or other proprietary rights notice from the Spark App.

x. Frame or mirror any portion of the Spark App, or otherwise incorporate any portion of the Spark App into any product or service, unless you obtain Walmart’s express prior written consent to do so.

xi. Systematically download and store any Walmart Data.  

xii. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Walmart Data, or reproduce or circumvent the navigational structure or presentation of the Spark App, without Walmart’s express prior written consent.

xiii. Cause injury to any person or entity.

xiv. Violate Applicable Law or these Terms of Use.

xv. Use the Spark App or Walmart’s name, logo, or brand to:

(a) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or

(b) use any meta tags or other hidden text or metadata utilizing a Walmart trademark, logo, URL, or product name without Walmart’s written consent;

xvi. 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.

J. Earnings and Value of Services. Service Offers will note the Earnings amount offered in consideration for completion of Service Offers. Service Offers will show base Earnings, and may also display any applicable incentives, and tips pre-authorized by customers. Earnings are based on a per Service Offer basis; Earnings are not based on an hourly or salaried basis, except where required by law. Unless otherwise stated in the Service Offer or other communication relating to that Service Offer, all Earnings remitted for Services completed, including tips, will be transferred to your account with the Earning provider you selected and were approved by the payment provider to use from the list of those authorized to facilitate Earnings for the Spark App. Earnings remittances will be made in accordance with any Applicable Law in the area where you provide Services. Earnings will be remitted at least as frequently as weekly. It is your responsibility to maintain an account in good standing with one of the authorized payment tool providers in order to maintain Spark App account eligibility and continue to generate and receive Earnings on the Spark App.  

3. Proprietary Rights

A. License Grant.  Subject to the terms and conditions of these Terms of Use, Walmart hereby grants you a non-exclusive, non-transferable, non-sublicensable, non-assignable license, during the term of these Terms of Use, to use the Spark App on your Device solely for the purpose of providing Services to Receiving Parties. All rights not expressly granted to you are reserved by Walmart and its respective licensors. The foregoing license grant shall immediately terminate, and you will delete and fully remove the Spark App from your Device if you cease to provide Services.

B. Ownership.  The Spark App and all Walmart Data, including all intellectual property rights therein, are and shall remain the property of Walmart or their respective licensors.  Neither these Terms of Use nor your use of the Spark App or Walmart Data conveys or grants to you any rights in or related to the Spark App or Walmart Data, except for the limited license granted above. Other than as specifically permitted by Walmart in connection with the Spark App, you are not permitted to use or reference in any manner Walmart’s or their respective licensors’ company names, logos, products and service names, trademarks, service marks, trade dress, copyrights or other indicia of ownership, alone and in combination with other letters, punctuation, words, symbols and/or designs (the “Walmart Marks and Names”) for any commercial purposes. You agree that you will not try to register or otherwise use and/or claim ownership in any of the Walmart Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark, name or title, for any goods and services.

C. Walmart’s Rights to Use Content and Idea.  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 Walmart is free to use any ideas for any purpose. Walmart may sublicense its rights in Content and ideas through multiple tiers of sublicenses.  Walmart is, and will be, under no obligation (i) to maintain any Content or idea in confidence; (ii) to pay any compensation for any Content or idea; or (iii) to respond to any Content or idea.  You grant to Walmart the right to use any name associated with any Content or idea that you make available to Walmart, although Walmart has no obligation to exercise such right, or to otherwise provide any attribution for any Content or idea.

D. Prohibited Content.  You agree that you will not make available Content in connection with the Spark App that:

i. is false, fraudulent, inaccurate, or misleading;

ii. contains your full name(s), or any other confidential or Personal Information of yourself or others;

iii. violates any local, provincial, federal, or international laws or is otherwise tortious; 

iv. is protected by or would infringe on the rights of others (including Walmart), 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;

v. is obscene, indecent, pornographic, or otherwise objectionable;

vi. is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Walmart in its sole discretion;

vii. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

viii. is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;

ix. contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Walmart;

x. contains or relates to chain letters or pyramid schemes;

xi. impersonates another business, person, or entity, including Walmart, its related entities, employees, and agents; 

xii. violates any policy posted on the Spark App; or

xiii. is intended to cause harm, damage, disable, or otherwise interfere with the Spark App or our partners.

4. Confidentiality

A. You acknowledge and agree that when using the Spark App, you may have direct or indirect access or exposure to Walmart’s confidential information ("Confidential Information"). Confidential Information includes, but is not limited to:

i. information, processes, designs and data concerning Walmart’s business, including but not limited to Walmart Data;

ii. information, processes, designs and data concerning Non-Walmart Retailers from which Receiving Parties order Product;

iii. customer names, addresses and contact persons;   

iv. rates, rating methods and billing practices; 

v. delivery provider information; 

vi. the names, addresses and information pertaining to Walmart employees or other contractors serving Walmart; and  

vii. methods, formulae, transaction volume, marketing and business plans, and such other nonpublic information (whether disclosed in writing or verbally) that Walmart designates as being proprietary or confidential or that you should reasonably know to treat as confidential.

B. You acknowledge and agree that: 

i. all Confidential Information shall remain the exclusive property of Walmart;

ii. you will not use Confidential Information for any purpose except in furtherance of your use of the Spark App and authorized provision of the Services; 

iii. you will not disclose Confidential Information to any third party; and

iv. you will not store or keep Confidential Information and will return or destroy (with confirmation of destruction) all Confidential Information upon the termination of your authorized use of the Spark App or at the request of Walmart.

C. Notwithstanding the foregoing, Confidential Information does not include any information to the extent it: 

i. is or becomes part of the public domain through no action or omission by you;  

ii. was possessed by you prior to your use of the Spark App without an obligation of confidentiality; or 

iii. is disclosed to you by a third party having no obligation of confidentiality with respect thereto.

5. App Use and Content Monitoring

Walmart 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 Spark App, 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 Spark App, 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 for any harm, injury, or liability arising from it. 

6. Privacy

You acknowledge that any Personal Information that you provide through the Spark App will be used by Walmart in accordance with the Spark Driver platform Privacy Notice which may be updated from time to time and is available here.

You further acknowledge that any Personal Information you provide through the Spark App for Services performed by you in connection with a Receiving Party’s order from Non-Walmart Retailers will be used by such Non-Walmart Retailers in accordance with the terms of their respective  privacy policies and terms of use published by them for purposes of facilitating the Services as well as for other purposes.

7. Representations and Warranties

A. You hereby represent and warrant that: 

i. you are not currently an employee of Walmart. If you become employed by Walmart in the future, you will cease performing Services and stop using the Spark Driver App. 

ii. you have full power and authority to enter into these Terms of Use and perform your obligations hereunder;

iii. you are authorized to accept work as an independent contractor in Canada;

iv. you have not entered into, and during the term will not enter into, any agreement that would prevent you from complying with these Terms of Use; and  

v. you will comply with all Applicable Law in your performance of Services, including holding and complying with all permits, licenses, registrations and other governmental authorizations necessary to provide Services or otherwise use the Spark App.

B. It is solely your responsibility to comply in all respects with all Applicable Law and these Terms of Use in your provision of the Services, and use of Spark App. Neither Walmart nor any affiliates or subsidiaries of Walmart are responsible for verifying or instructing you with respect to Applicable Law and will not provide legal or other advice in connection with Applicable Law or these Terms of Use. 

C. Walmart reserves the right to deactivate or restrict you from accessing the Spark App in Walmart’s sole and absolute discretion, subject only to Applicable Law. The Spark App may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Walmart is not responsible for any delays, delivery failures, or other economic damage resulting from such problems.

8. Indemnification and Disclaimer of Warranties

A.  Indemnification.  You shall indemnify, defend (at Walmart’s option) and hold harmless Walmart and their respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines, social security or social insurance contributions and taxes arising out of or related to: (a) your breach of your representations, warranties or obligations under these Terms of Use; (b) a claim by a third party (including Receiving Parties, regulators and governmental authorities) directly or indirectly related to your provision of Services or use of the Spark App; or (c) any Content you provide.

B.  Disclaimer of Warranties.  THE SPARK APP, AND ALL WALMART DATA, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SPARK APP, ARE PROVIDED BY WALMART ON AN “AS IS” AND “AS AVAILABLE” BASIS.  NO WALMART ENTITY MAKES ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SPARK APP OR THE WALMART DATA, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SPARK APP.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WALMART DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS EXPRESS OR IMPLIED, INCLUDING IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITING THE FOREGOING, WALMART DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY USE OF THE SPARK APP.  YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE SPARK APP IS AT YOUR SOLE RISK.  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 SPARK APP AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SPARK APP 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 WALMART ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM YOUR ACCESS OR DOWNLOAD FROM THE SPARK APP.  SOME PROVINCES LIMIT THE APPLICATION OF DISCLAIMERS OF REPRESENTATIONS, WARRANTIES, AND CONDITIONS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW:

(A) WALMART 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 SPARK APP, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A WALMART ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. 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.

(B) NO WALMART ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY RECEIVING PARTY, OR OTHER USER OF THE SPARK APP; AND 

(C) WALMART’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SPARK APP AND YOUR PROVISION OF SERVICES WILL BE LIMITED TO $100.

10. Term and Termination

These Terms of Use are effective unless and until terminated by either you or Walmart.  You may terminate these Terms of Use at any time by discontinuing any further use of the Spark App and provision of Services and deleting the Spark App from your Device.  Walmart may terminate these Terms of Use at any time and for any reason. In addition, Walmart  may deny you access to the Spark App for violating these Terms of Use or failure to meet any associated Service Level Standards or where Walmart believes that it is required in order to protect the security or integrity of the Spark App, the Services, or Walmart Data. Walmart may terminate these Terms of Use by deactivating your Spark App account if your Spark App account is inactive for prolonged periods of time.  Upon any termination of these Terms of Use by either you or Walmart, you must promptly destroy all Walmart Data and other Content downloaded or otherwise obtained from the Spark App, as well as all copies of such Walmart Data, whether made under these Terms of Use or otherwise.  The following sections will survive any termination of these Terms of Use: “Compliance”, “Confidentiality,” “Proprietary Rights,” “Monitoring by Walmart,” “Your Privacy,” “Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Class and Representative Action Waivers,” and “General.”

11. Relationship of the Parties

A.  You and Walmart expressly agree that: (i) you are using the Spark App to provide Services as an independent contractor, and (ii) your use of the Spark App and compliance with these Terms of Use  does not create an employment, joint venture, partnership or agency relationship, between Walmart and you.

B.  You have no authority to bind Walmart and you undertake not to hold yourself out as an employee, agent or authorized representative of Walmart. Where, by implication of Applicable Law or otherwise, you may be deemed an agent or representative of Walmart, you undertake and agree to indemnify, defend (at Walmart’s option) and hold Walmart harmless from and against any claims by any person or entity based on such implied agency or representative relationship.

C.  The Parties acknowledge that they enter into these Terms of Use as two independent business enterprises and that nothing in these Terms of Use or any other agreement (including any agreement between another entity and you regarding you performing Services to Receiving Parties shall be construed as making either party the partner, joint venturer, agent, employer, or employee of the other.  Unless authorized in writing by the party to be bound, neither party shall have the authority to make any statements, representations, or commitments of any kind, or to take any action which shall be binding on the other. You understand and expressly acknowledge that: (i) you are an independent contractor and you are not Walmart’s employee for any purpose; (ii) Walmart shall have no responsibility for the wages, benefits or expenses due to your employees, agents, or subcontractors nor for income tax withholding, social security, social insurance, unemployment, or other payroll taxes of your employees, agents, or subcontractors; and (iii) neither you nor your employees, agents, or subcontractors shall receive or have any right to receive any wages, including vacation pay or holiday pay, from Walmart; nor shall they participate or have any right to participate in other Walmart benefits, if any, available to Walmart’s employees, agents, or subcontractors (even if you or any of your employees, agents or subcontractors are found to be employees of Walmart by an arbitrator, court or agency of competent jurisdiction).  You agree to indemnify and hold Walmart harmless from and against all damages, liabilities, losses, penalties, fines, expenses and costs (including reasonable fees and expenses of legal counsel and other professionals) arising out of or relating to any obligation imposed by law on Walmart to pay any withholding taxes, Canada Pension Plan contributions, Employment Insurance premiums or any similar or other items in connection with compensation received by you in connection with your performance of the Services.

D. You understand and expressly acknowledge that as an independent contractor using the Spark App: 

i. you receive specific Offers in the Spark App to provide Services, such as Delivery and Shopping Services, that include details of the specific Services to be provided and the amount Walmart agrees to pay for completing the particular Service; 

ii. there is no set schedule or minimum required activity on the Spark App, and you have the option to select the Services you would like to complete and are free to determine the days and times you would like to be active on the Spark App; 

iii. you are not subject to a non-compete policy or agreement and are free to perform services for other, non-Walmart owned businesses or entities or for your own business or entity;  

iv. while you must meet service level standards of the Services you provide on the Spark App, you are in control of the methods and processes you use to complete the Services, drawing upon your own independent knowledge and experience; and 

v. you are responsible for obtaining and paying for any registrations, licenses, or other authorizations required by Applicable Law, as well as equipment and materials necessary for you to perform the Services.  

E. Non-Exclusive and No Guaranteed Business. You and Walmart expressly agree that the relationship between the parties is not exclusive, and the parties may provide or receive services with other companies or individuals. Furthermore, these Terms of Use do not guarantee any level of volume of business. 

12. CLASS AND REPRESENTATIVE ACTION WAIVERS:  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE BETWEEN YOU AND WALMART SHALL BE ADJUDICATED SOLELY ON AN INDIVIDUAL BASIS,  AND YOU AND WALMART EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR OTHER JOINT ACTION WITH RESPECT TO SUCH DISPUTE.

13. General

A. These Terms of Use and your Non-Disclosure and Arbitration Agreement with Walmart, and any other consents provided during the sign-up process or while using the Spark App represent the complete agreement and understanding between you and Walmart with regard to use of the Spark App and your provision of Services and supersedes all prior agreements and representations with respect to the subject matter of these Terms of Use.

B. 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 Walmart.

C. The interpretation of these Terms of Use shall be governed by the province in which you perform the Services, without regard to the choice or conflicts of law provisions of any jurisdiction.  Walmart’s failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Walmart in writing.

D. Headings in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.  

E. 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.

F. The failure of Walmart 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 Walmart's rights with respect to such breach or any subsequent breaches.

G. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent.  Walmart may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. 

H. Where Walmart requires that you provide an e-mail address, you are responsible for providing Walmart with your most current e-mail address. In the event that the last e-mail address you provided to Walmart is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms of Use, Walmart’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. 

I. For contractual purposes, you (i) consent to receive communications from Walmart or a Walmart Entity in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Walmart or a Walmart Entity provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.

J. 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 Spark App or by e-mail (including in each case via links), or by regular mail.  

K. 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.

L. If any part of these Terms of Use is deemed unlawful or unenforceable, it shall be severed from these Terms of Use such that the remainder of these Terms of Use shall remain enforceable to the fullest extent permitted by law.

14. Notice Regarding Apple

In addition to your agreement with these Terms of Use, the following provisions apply with respect to your use of any version of the Spark App compatible with the iOS operating system of Apple Inc.  (“Apple”):

A. Apple is not a party to these Terms of Use and does not own and is not responsible for the Spark App.  Apple is not providing any warranty for the Spark App except, if applicable, to refund the purchase price for it.  Apple is not responsible for maintenance or other support services for the Spark App and will not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the Spark App, including any third-party product liability claims, claims that the Spark App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement.  Any inquiries or complaints relating to the use of the Spark App, including those pertaining to intellectual property rights, must be directed to Walmart in accordance with the “Help” section.  

B. The license you have been granted in these Terms of Use is limited to a non-transferable license to use the Spark App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service.  In addition, you must comply with the terms of any third-party agreement applicable to you when using the Spark App, such as your wireless data service agreement.

C. You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.  

D. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use and, upon your acceptance of the terms and conditions of these Terms of Use, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof; notwithstanding the foregoing, Walmart’s right to enter into, rescind or terminate any variation, waiver, or settlement under these Terms of Use is not subject to the consent of any third party.