Holt Renfrew & Co., Ltd. Website Terms and Conditions of Use

PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE.

By accessing or using the Holt Renfrew & Co., Ltd. Website ("Website"), or by purchasing or using products and/or services offered by Holt Renfrew or its suppliers through this Website, you are indicating your acknowledgment and acceptance of these terms and conditions of use ("Terms"). These Terms are subject to change by Holt Renfrew at any time in its sole discretion. Any changes will be effective upon the posting of the revisions on the Website. Your use of the Website will be subject to the most current version of the Terms posted on the Website at the time of such use. Your continued use of this Website after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms regularly. If you do not agree to these Terms or any changes to these Terms, please immediately discontinue your use of the Website.

Use of Website. Holt Renfrew authorizes Website visitors ("You") to view and use "as is" the materials on this Website including text, pictures, graphics, audio or video clips, software and any other information ("Materials") only for your personal, non-commercial use, provided that (i) You do not remove any copyright and other proprietary notices contained in the original Materials from any copies of the Materials; and (ii) You abide by all applicable laws and comply with all requirements identified in these Terms, and such additional terms and conditions that may be provided to You during use. You agree to review and abide by these Terms and assume all risk associated with the use of the Materials. You may not modify the Materials in any way or reproduce or publicly display, perform, distribute or otherwise use them for any public or commercial purposes. Any use of the Materials on any other website, electronic device or networked computer environment for any purpose is prohibited.

Intellectual Property. The materials at this Website are proprietary and are exclusively owned by Holt Renfrew (or its licensors) and any unauthorized use, reproduction or distribution of any materials stored or available through this Website may violate copyright, trademarks, patents or other intellectual property rights or applicable laws. Holt Renfrew TM and any logos appearing on the Website or in conjunction with the delivery of any services are trademarks of Holt Renfrew. Any use of Holt Renfrew trademarks without prior written authorization is strictly prohibited. The Materials on this Website are copyrighted and any unauthorized use of any Materials may violate copyright, trademark, and other laws. If Visitors breach any of these Terms, their authorization to use this Website automatically terminates and Visitors must immediately destroy any downloaded or printed materials or any other materials derived from the use of this Website, which contain intellectual property of Holt Renfrew. Visitors accessing this Website via the Internet agree to grant to Holt Renfrew a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, creative derivative works of, publicly display any materials and other information, suggestions or ideas submitted or posted to the Website in any medium. Visitors agree that they shall have no recourse against Holt Renfrew for any alleged or actual infringement or misappropriation of any proprietary right in their communications to Holt Renfrew.

Products and Pricing. Holt Renfrew continually updates its product and service offerings in stores and on this Website. Holt Renfrew reserves the right to revise and/or discontinue such offerings at any time. Prices which may be displayed or advertised on the Website or through any other electronic communications from Holt Renfrew do not include shipping fees and applicable sales tax, and are subject to change without notice at Holt Renfrew's sole discretion. The display of products and/or services on the Website does not constitute an offer by Holt Renfrew. Holt Renfrew Gift Cards may be purchased online at www.holtrenfrewgiftcards.com or in-store. If You wish to purchase any other products or services displayed on the Website, please visit one of Holt Renfrew's stores or call 1-866-HoltRenfrew (1-866-465-8736).

Illegal Usage Prohibited. You shall not use Holt Renfrew's Website or Materials to post, transmit, upload, distribute or publish any content that is libellous, seditious, defamatory, blasphemous, fraudulent, invasive of another's privacy, tortious, obscene, pornographic, abusive, infringing or otherwise illegal, as determined in the sole discretion of Holt Renfrew. You agree to comply with all applicable local, provincial, federal and international laws, regulations and treaties while using this Website. In addition, while using the Website in accordance with these Terms as modified from time to time, You agree to comply with generally accepted Internet standards and shall refrain from any abusive use of this Website.

Harassment Prohibited. It is prohibited to use the Website in any manner so as to harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or discomfort to any person or entity. This prohibition extends to any comment or conduct that is vulgar, hateful, racially or ethnically offensive, or otherwise objectionable. Furthermore, any message or conduct that is repeated after warning or notification is given that such conduct is unwelcome constitutes harassment.

Advertising Prohibited. It is prohibited to use the Website to post any advertising or promotional materials.

Privacy. The collection of any identifiable information about an individual ("Personal Information") through this Website is done only with the consent of the individual and in accordance with the Holt Renfrew Privacy Policy, which forms part of these Terms. We urge all Visitors to click here to review this policy. Holt Renfrew may contact you by e-mail in order to provide you with updates pertaining to its services as well as information about additional offers, products or events that Holt Renfrew believes may be of interest to you. You can choose to unsubscribe to such updates by writing to Holt Renfrew's Privacy Officer at 60 Bloor Street West, Suite 300, Toronto, Ontario M4W 3B8 or via e-mail to privacy.office@holtrenfrew.com.

Network Security. Holt Renfrew provides You with products and services through the networks of other telecommunications providers and through other suppliers and third parties. Your use of the products and services of Holt Renfrew and the equipment, facilities and services of third party suppliers is at your own risk. Holt Renfrew assumes no responsibility for security of your facilities or networks or for unauthorized access to such networks or facilities. In all cases, You are responsible for determining and establishing secure network access configurations. Holt Renfrew, its partners, affiliates and third party suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers shall not be liable for any inability, failure or mistake related to any security breach or identification of such breach or any loss that results from the transmission of confidential or sensitive information over the Internet. Holt Renfrew and its suppliers make no commitments with respect to the recoverability of lost data.

Links to Other Websites. Links to third party websites on this Website are provided solely as a convenience to You. If You use these links, a new browser will be launched to access linked websites. Holt Renfrew has not reviewed these third party websites and does not control and is not responsible for any of these websites or their content. Holt Renfrew does not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If You decide to access any of the third party websites linked to this Website, You do this entirely at your own risk.

Termination. You acknowledge and agree that Holt Renfrew, in its sole and absolute discretion, may, without notice to You, suspend or terminate your use of, or access to the Website or any services and remove and discard any related Materials for any reason, including where Holt Renfrew believes that You have violated any of these Terms. You agree that Holt Renfrew shall not be liable to You or to any other person as a result of any such suspension or termination. If You are unsatisfied with any of these Terms, please discontinue using the Website.

Disclaimer. You acknowledge that You are using this Website including its Materials at your own risk. Holt Renfrew and its partners, affiliates and suppliers do not guarantee error-free or uninterrupted operations of the Website. The products, services and information provided at this Website are provided "as is" without any warranties of any kind including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property. Holt Renfrew and its suppliers do not warrant the accuracy and completeness of the Materials available on or through this Website. The Materials on this Website may be out of date, and Holt Renfrew makes no commitment to update the Materials. Information published on this Website may refer to products, programs or services that are not available in your jurisdiction. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to You.

Indemnification. You shall indemnify and forever save harmless Holt Renfrew, its partners, affiliates and suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers from and against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities, (including legal fees) which may be incurred by reason of or in connection with your use of this Website.

Limitation of Liability. You agree that in no event will Holt Renfrew, its partners, affiliates and suppliers and each of their respective directors, officers, employees, consultants, agents, representatives and suppliers be liable to You for any direct, indirect, special, consequential or punitive damages (including, without limitation, those damages resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, reliance, or the results of this Website (including the products, services, Materials or information contained on this Website and/or other linked websites), whether based on warranty, contract, tort or any other legal theory and whether or not Holt Renfrew is advised of the possibility of such damages.

Applicable Laws. These Terms including the Online Gift Card Terms shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The courts of the Province of Ontario shall have exclusive jurisdiction over all disputes relating to the use of these Terms including the Online Gift Card Terms. You agree that jurisdiction and venue in such courts is appropriate and You agree to submit to the jurisdiction of such courts.

Revision of Terms. Holt Renfrew may revise these Terms including the Online Gift Card Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on You and your continued use of the Website signifies your acceptance of these revised Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

Entire Agreement. These Terms together with the Holt Renfrew Privacy Policy and the Online Gift Card Terms and Conditions constitute the complete and entire agreement between You and Holt Renfrew pertaining to the use of the Website, purchase of Gift Cards online, and use of such Gift Cards, and supersede any prior agreement, whether written or oral.


Waiver. Holt Renfrew will not be considered to have waived any of its rights or remedies described in these Terms unless the waiver is in writing and signed by Holt Renfrew. No delay or omission by Holt Renfrew in exercising its rights or remedies will impair or be construed as a waiver of its right to enforce such rights at any time.

TERMS AND CONDITIONS RELATING TO HOLT RENFREW GIFT CARDS AND TO THE PURCHASE OF HOLT RENFREW GIFT CARDS ONLINE

All Holt Renfrew Gift Cards purchased through this Website are subject to the Holt Renfrew Website Terms and Conditions of Use, Holt Renfrew Privacy Policy, and these Gift Card Terms and Conditions. Holt Renfrew may revise these Gift Card Terms and Conditions from time to time without prior notice. Your purchase of a Holt Renfrew Gift Card through this Website constitutes acceptance of these Terms and Conditions.

Ordering. Holt Renfrew Gift Cards may not be purchased or used for any purpose that is unlawful, misleading or deceptive. For security reasons and to prevent fraud, orders for Holt Renfrew Gift Cards placed through this Website will only be accepted by Holt Renfrew if the name and address to which the card is to be billed corresponds to the name and address that is registered with the purchaser's credit card provider. If the information does not correspond, your order will be declined by Holt Renfrew even though the transaction may have been pre-authorized by your bank. If this happens, the dollar amount of the order may not be available to You for other use until it is credited back to your account, which may take between three to five business days.

No Cancellation. Once You submit a Gift Card order, it cannot be cancelled.

Gift Card Orders Subject To Holt Renfrew Approval. Holt Renfrew strives to ensure that adequate security measures are in place to protect against loss, theft and unauthorized access, disclosure, use or modification of your information. All orders for Holt Renfrew Gift Cards through this Website are subject to Holt Renfrew's approval. Holt Renfrew has the right to hold your order for a security review or to decline a Gift Card order, in its sole discretion. In no event shall Holt Renfrew be liable for any loss arising out of lost, stolen or otherwise misdirected Holt Renfrew Gift Cards, or for orders placed without proper authorization.

Shipping. Gift Cards will be shipped only to an address in Canada from Toronto using UPS standard service and rates (one to three business days excluding statutory holidays). Even though the order form may include a field for post office (P.O.) box, Gift Cards will not be shipped to a PO box address for security reasons. The risk of loss and title for the Gift Card passes to You upon Holt Renfrew's delivery of your Gift Card to the carrier.

Shipping Charges. Each order is subject to shipping charges which are automatically calculated based on the province or territory in Canada where the Gift Card will be shipped. You will be able to view the shipping charges for your order before your transaction is processed. Gift Cards purchased with a Holt Renfrew American Express credit card will not be exempt from applicable shipping charges.

Gift Card Denominations. Holt Renfrew Gift Cards may be ordered through this Website in pre-defined denominations up to a maximum of $500 per order. You may purchase a Holt Renfrew Gift Card for a higher amount in person, at a Holt Renfrew store. Contact Holt Renfrew Customer Service/Concierge Services at a store for further information.

Authorized Use Only. Holt Renfrew Gift Cards may be used only as authorized by Holt Renfrew, and shall not otherwise be resold, distributed, or dealt with in any manner without the prior written consent of Holt Renfrew.

Redeeming Gift Cards. Holt Renfrew will accept redemption of a Holt Renfrew Gift Card for merchandise or services at any of its stores across Canada in accordance with its regular practices and in accordance with (i) these Gift Card Terms and Conditions, (ii) terms on the back of the Gift Card, and (iii) as otherwise stipulated by Holt Renfrew from time to time.

Holt Renfrew Gift Cards do not expire and there is no use fee. Gifts cards are not redeemable for cash and no change will be given, except as required by law. Gift Cards cannot be applied to any outstanding account balances on a Holt Renfrew American Express card.

Returns. If You return merchandise purchased from Holt Renfrew with your Gift Card, the amount of the purchase as shown on a store receipt will be deposited back to your Gift Card.

Obtaining Gift Card Balance. To obtain your Holt Renfrew Gift Card balance, visit or call a Holt Renfrew store during business hours. You must provide the sixteen digit number on the back of the Gift Card.

Reporting Lost or Stolen Gift Cards. To report your Holt Renfrew Gift Card as lost or stolen, go to any Holt Renfrew store in person. Holt Renfrew will replace the last known balance showing in Holt Renfrew's system at the time that the loss is reported by issuing a new Gift Card for that amount, at no charge.

No Warranty. Holt Renfrew makes no warranties, express or implied, with respect to the Holt Renfrew Gift Cards including, without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event that your Holt Renfrew Gift Card is non-functional or damaged, your sole remedy is a replacement Gift Card.

LAST UPDATED ON October 29, 2009

©Holt, Renfrew & Co., Limited. 2009.