Terms of Use

Welcome to Gap Inc.'s Canadian Web sites. These Terms of Use govern the following sites: GapCanada.ca, BananaRepublic.ca, and OldNavy.ca (the "Sites"). Please review the following terms and conditions of use, which govern your use of the Sites (the "Agreement").

Your use of the Sites constitutes your agreement to follow and be bound by the Agreement. We reserve the right to modify this Agreement at any time in our sole discretion without prior individual notice. Any modifications to this Agreement will be posted on the Sites. For this reason, we encourage you to review the Agreement whenever you use any of the Sites. You can tell when this Agreement was last modified by checking the "last updated" date that appears at the top of the Agreement. If you do not agree to these terms, please do not use the Sites.

Site Contents

Unless otherwise noted, the Sites, and all materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Gap Inc. GAP, GAPKIDS, BABYGAP, BANANA REPUBLIC, OLD NAVY, and other trademarks appearing on the Sites are the trademarks of Gap Inc. and/or its subsidiaries.

The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites.

The Sites are controlled and operated by Gap Inc. from its offices in San Francisco, California, USA. One or more patents may apply to the Sites, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142.

Right to Change Sites

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Sites or any service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or of any service, content, feature or product offered through the Sites.

User Comments, Feedback, and Other Submissions

Gap Inc. is pleased to hear from users and welcomes your comments regarding our products and services. Gap Inc.'s longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Gap Inc.'s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that Gap Inc. may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Gap Inc. Gap Inc. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Gap Inc. has the right but not the obligation to monitor and edit or remove any Comments.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Gap Inc. or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Gap Inc. takes no responsibility and assumes no liability for any Comments posted by you or any third party.

Personal Information Submitted Through the Sites

Your submission of personal information through the Sites is governed by our privacy policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the Sites (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Product Information

Many products displayed on the Sites are available in select Gap, Banana Republic, or Old Navy stores in Canada, the United States, and other markets. Unless otherwise indicated, prices displayed on the Sites are quoted in U.S. Dollars.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right at any time in our sole discretion and without prior notice to correct any errors, inaccuracies or omissions to the information on our Sites.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear at the Sites. We cannot guarantee that your computer monitor's display of any color will be accurate.

Promotions

In addition to the terms and conditions of this Agreement, any contests, sweepstakes, surveys, games or similar promotions (collectively, "Promotions") made available through the Sites may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control.

Links to Other Web Sites and Services

The Sites may contain links to other Web sites that are not under the control of Gap Inc. Gap Inc. has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Sites' users.

Disclaimer

THE CONTENT OF THE SITES IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. GAP INC. AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY DUTY TO UPDATE OR REVISE THE CONTENT OF THE SITES, ALTHOUGH WE MAY MODIFY THE CONTENT AT ANY TIME WITHOUT NOTICE. YOUR USE OF THE SITES IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THE SITES. GAP INC. AND/OR ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITES.

Gap Companies do not represent or warrant that our websites, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access our websites do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit our websites’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Indemnification

You agree to defend, indemnify and hold Gap Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.

Choice of Law and Jurisdiction

This Agreement shall be construed in accordance with the laws of Ontario and Canada, as applicable therein, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the Superior Court of Justice or Federal Court of Canada residing in Toronto, Ontario.

General

The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Gap Inc.'s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.

Termination

These terms are effective unless and until terminated by either you or Gap Inc. You may terminate this Agreement at any time. Gap Inc. also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Sites, for any reason or no reason. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.