terms & conditions
Last updated: August 18, 2011
Your use of this website is governed by these terms & conditions
By using target.ca (including www.target.ca and its related subdomains, services and other sites and tools linked to target.ca (collectively, the "Site"), you agree to these Terms & Conditions and the general principles for the Site regardless of whether you have read through all of the applicable terms. As used in these Terms & Conditions, "Target", "us" or "we" refers to Target Canada Co. and its subsidiaries and affiliates. We recommend that you read these terms & conditions, as they include terms such as limitations of liability, choice of forum for disputes and other provisions that may limit your rights.
By accepting these Terms & Conditions, you agree that these Terms & Conditions will apply whenever you use the Site or any service or business offered on the Site. In addition, you will also be subject to any additional terms and guidelines applicable to any such separate service and business (which, if inconsistent with these Terms & Conditions, shall control). If you do not agree with any of these Terms & Conditions, including any linked documents, do not use the Site.
Target reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions and all linked documents. You can determine when these Terms & Conditions were last revised by referring to the "LAST UPDATED" legend at the top of these Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions; but any material change to these Terms & Conditions will not be applied retroactively to any claim or dispute between you and us in connection with these Terms & Conditions that arose prior to the applicable "LAST UPDATED" date in which we included such material change.
We may, at any time: modify or discontinue all or any part of the Site; charge, modify or waive fees required to use the Site; or offer opportunities to some or all Site users.
When you visit the Site, you are communicating with Target electronically. You consent to receive communications related to the Site from Target electronically. Target will communicate with you by e‑mail or by posting notices on the Site. You agree that to the maximum extent permitted by law, all agreements, notices, disclosures and other communications that Target provides to you electronically satisfy any legal requirement that such communications be in writing.
accuracy of information provided by you
You represent and warrant that any information that you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site.
You may be required to register with Target in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you, and you may not use, a user name (or e‑mail address): that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; ; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Target reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site, and to block or prevent future access to and use of the Site if you violate any of these Terms & Conditions. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and we shall not be required to make such information or files available to you after any such termination. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations, warranties and conditions, limitation of liabilities, and all indemnities shall survive such termination.
no unlawful or prohibited uses
The Site may only be used for lawful purposes. As a condition of your use of this Site, you warrant to Target that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Activities including, but not limited to, tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation:
- accessing data not intended for you or logging onto a server or an account that you are not authorized to access;
- using the Site for unintended purposes or trying to change the behaviour of the Site;
- attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host or network, including without limitation via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing";
- forging any header or any part of the header information in any e‑mail or posting; or
- forging communications on behalf of the Site (impersonating the Target website) or to the Site (impersonating another user).
Sending unsolicited and unauthorized e‑mail on behalf of Target, including promotions and/or advertising of products or services, is expressly prohibited.
You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on this Site. You agree not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Target or generally publicly available browsers. Violations of system or network security may result in civil or criminal liability.
Further, you will not:
- post, transmit, or otherwise make available through or in connection with the Site:
- Anything that is or may be (i) threatening, harassing, degrading, hateful or intimidating; (ii) defamatory; (iii) fraudulent; (iv) obscene, indecent, pornographic or otherwise objectionable; or (v) protected by copyright, trade‑mark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right;
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offence; or that encourages or provides instructional information about illegal activities or activities such as "hacking," cracking," or "phreaking"; or
- Any material, non‑public information about a company without the proper authorization to do so;
- use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site;
- impersonate any person or entity, including without limitation any representative of Target; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that Target endorses any statement you make;
- restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site);
- use the Site to advertise or offer to sell or buy any goods or services without Target's express prior written consent;
- reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
- modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
- remove any copyright, trade‑mark or other proprietary rights notice from the Site or materials originating from the Site;
- frame or mirror any part of the Site without Target's express prior written consent; or
- create a database by systematically downloading and storing Site content.
intellectual property notice
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software and other material (collectively "Content"), is owned or licensed property of Target or its affiliate or their respective software and content suppliers and is protected by copyright, trade‑mark, patent or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of Target Brands, Inc. and protected by U.S., Canadian and international copyright laws.
The Content of the Site, and the Site as a whole, is intended solely for personal, noncommercial use by the users of our Site. You may download, print, post and store selected portions of the Content for personal, noncommercial purposes, provided you do not modify or alter the Content in any way, or delete or change any copyright or trade‑mark notice.
Target and its affiliates and their respective suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, Content and other materials that appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any licence under any of Target's or any third party's intellectual property rights.
links to third parties’ websites
The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites and product manufacturers. Target is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms and conditions and content of any such website. Before enabling any sharing functions of the Site to communicate with any such website, Target strongly recommends that you review and understand the terms and conditions, privacy policies, settings and information sharing functions of each such third party website. The links and interactive functionality for third party sites on the Site in no way constitute an endorsement by Target of these third party websites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. Your use of third party websites and resources is at your own risk.
disclaimers of warranties and conditions ‑‑ general
While Target attempts to ensure your access and use of the Site is safe, Target cannot and does not represent or warrant that the Site or its server will be error‑free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks) or otherwise meet your requirements.
The site and all information, content, materials and other products (including software), services and user content included on or otherwise made available to you through the site are provided by target on an "as is," "as available" basis, without representations, warranties or conditions of any kind. Target makes no representations, warranties or conditions of any kind, express, implied or collateral, as to the operation of the site or the information, the accuracy or completeness of content, materials, products (including software), services or user content included on or otherwise made available to you through the site or its servers, or that emails sent from target are free of malware or other harmful components. You expressly agree that your use of the site is at your sole risk. Target and its affiliates will not be liable for any damages of any kind arising from the use of the site or from any information, content, materials products (including software), services or user content of any kind arising from the use of the site, including but not limited to direct, indirect, consequential, punitive, special and consequential damages, unless otherwise specified in writing. To the full extent permitted by law, target disclaims any and all representations, warranties and conditions with respect to the site and its contents, whether express, implied or collateral, including, but not limited to, warranties and conditions of title, merchantability and fitness for a particular or general purpose or use.
Certain providers of products may separately provide limited representations, warranties and/or conditions regarding their products. This disclaimer does not apply to such product representations, warranties and conditions.
On the Site, we may display names, marks, products, advertisements or services of third parties, pop‑up texts, or links to third party sites. In no event will we be liable, directly or indirectly, to anyone for any damage or loss arising from or relating to any use, continued use or reliance on any advertisement displayed on the site, any products, services, or other materials relating to any such advertisement, any linked third party site, or any link contained in a linked site. If you decide to link to any such third party sites, you do so entirely at your own risk.
The Site is controlled and operated by Target, and is not intended to subject Target to the laws or jurisdiction of any state, country or territory other than that of Canada. Target does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than Canada. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
limitation of liability
Under no circumstances shall target or its affiliates or any of its or their respective employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the site.
This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether direct, indirect, general, special, punitive, consequential, incidental, exemplary or otherwise, or any loss of data, income or profits), whether in contract, negligence or other tortious action, or otherwise, even if an authorized representative of target or one of its affiliates has been advised of or should have known of the possibility of such damages.
If you are dissatisfied with the site or any content on the site, or with these terms & conditions, your sole and exclusive remedy is to discontinue using the site. You acknowledge, by your use of the site, that your use of the site is at your sole risk.
Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of target and its affiliates under such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred canadian dollars (cad$100).
indemnification and defense of Target
As a condition of the use of the Site, you agree to defend, indemnify and hold harmless Target and its affiliates, and its and their respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations or inquiries, claims, suits, damages, costs and expenses (including without limitation, reasonable legal fees and expenses on a full indemnity basis) (each, a "Claim") arising out of or otherwise relating to your use of the Site, including without limitation any content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.
Except as explicitly stated otherwise, any notices you send to Target shall be sent by mail to Target.ca, Target Canada Co., c/o Guest Services, P.O. Box 9350, Minneapolis, MN 55440‑9350. In the case of notices Target sends to you, notices may be posted on the Site or sent to the email address listed in your profile in your account. Notice shall be deemed given 24 hours after the notice is posted on the Site or an electronic message is sent, unless (i) the sending party is notified that the message did not reach the recipient or, (ii) in the case of mailing, three (3) days after the date of mailing.
enforcement of terms & conditions
By accessing and using the site, you agree that your access to and use of the site is subject to these terms & conditions, as well as all applicable laws, and shall be governed by the laws of ontario and all laws of canada applicable therein. You submit to the exclusive jurisdiction of any Ontario courts sitting in Toronto in any action, application, reference or other proceeding arising out of or related to these Terms & Conditions and agree that all claims in respect of any such actions, application, reference or other proceeding shall be heard and determined in such Ontario courts. You shall not raise any objection to the venue of any action, application, reference or other proceeding arising out of or related to these Terms & Conditions in the Ontario courts sitting in Toronto, including the objection that the proceedings have been brought in an inconvenient forum. You acknowledge and agree that while Target's subsidiaries, and affiliates, and each of their respective successors and assigns, and the agents, trustees, shareholders, directors, officers, and employees of each of them and of Target (collectively the "Third Party Beneficiaries") are not parties to these Terms & Conditions and have no obligations under these Terms & Conditions, Target is a trustee of each of the Third Party Beneficiaries for the limited purpose of holding in trust for each of the Third Party Beneficiaries the covenants expressed to be in favour of one or more of the Third Party Beneficiaries. Accordingly, you agree that each of the Third Party Beneficiaries may enforce such rights and promises in their own right (and will not be required to add Target as a party to any proceedings for such enforcement).
These Terms & Conditions constitute the entire agreement between you and Target with respect to the Site. These Terms & Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Target with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No waiver will be applicable other than in the specific instance in which it is given. No failure to exercise, partial exercise of, or delay in exercising any right or remedy, or failure to require the satisfaction of any condition under, these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. Nothing in these Terms & Conditions creates a relationship of agent and principal, partners, joint venturers or employer‑employee between the parties, and no act or obligation of either party will in any way bind the other. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms & Conditions without our express prior written consent. We may also provide notice of changes to these Terms & Conditions by displaying such notices or by providing links to such notices. You agree that a printed version of these Terms & Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
If you have any concerns about Target or your use of the Site, please contact us with a detailed description, and we will try to resolve it: