TERMS AND CONDITIONS
Last Updated: 21th March 2012
TK Maxx is owned and operated by TJX Europe, a subsidiary of The TJX Companies Inc.
TJX Ireland Registered Office: 10 Lad Lane, Lower Baggot Street, Dublin 2 Vat Reg, IE6336341E Co. No. 316341
The Terms and Conditions may be changed or updated by TJK from time to time and without prior notice. We will indicate at the top of the Terms and Conditions the date on which they were last updated and any use of the site following such a change assumes acceptance of the new Terms and Conditions.
General Terms and Conditions
You may use the website only in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which include complying with all applicable laws, regulations and codes of practice within the UK and Ireland and any other jurisdiction from which you are accessing the site.
In using the site you agree that you:
- will provide true, accurate, current, complete and non misleading information on any registration form or as otherwise reasonably requested by TJK
- will not disclose any unauthorised, false or fraudulent details
- will not post, transmit or otherwise disseminate any information on or via the website which is or may be harmful, vulgar, obscene, defamatory, harmful, tortuous, racist or otherwise illegal or offensive
- will not post, transmit or otherwise disseminate any materials that infringe the proprietary rights of any third party including intellectual property rights and rights of privacy
If you are provided with a User ID, password or other information as part of our procedures it is your responsibility to treat such information as confidential and not disclose it to any third party. TJX reserves the right to disable any User ID or password either chosen by you or allocated by TJX in the event that TJX believe you may have failed to comply with the Terms and Conditions.
You are responsible for your method of access to this website. You are also responsible to ensure that all persons accessing this website through your internet connection are aware and in compliance with the Terms and Conditions.
TJK will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
Terms Under which this website is provided
Access to this site is provided on a temporary basis and we reserve the right at any time to
- withdraw or amend the service without notice
- to withdraw access to some or all of the site
- to suspend some or all of the services offered
- remove goods , featured jobs or promotions from the site
- cancel your registration and/or account without prior notice
- report any breach under the Computer Misuse Act 1990 to the relevant law enforcement authorities and disclose your identity to them
Gift cards can be purchased in store and online for TK Maxx. TK Maxx cards can be used in TK Maxx stores in the UK, Republic of Ireland and in the Isle of Man.
A gift card can be used for the purchase of merchandise only. A gift card cannot be returned or exchanged for cash. Purchases made with the card will be deducted until the balance reaches zero. No change will be given so the remaining balance will stay on the card and can be spent on future purchases. If the purchase price exceeds the amount available to spend on the card, the remaining balance can be settled via another accepted payment method. No more than five gift cards can be used in one transaction.
There are two types of card. An open value card remains open so further amounts can be added to it at any time up to a maximum value of €999.99. A specified value card has a fixed amount when purchased and amounts cannot be added. Ask in store if you are not sure which card you have.
Gift Cards are valid for a limited time only. The card will expire if it has not been used for 24 consecutive months and any remaining balance will be deleted. Once deleted a card will not be replaced. Please note that checking a balance in store constitutes use of the card and it is not necessary to make a purchase.
The cost of anything you buy with the card and return to store in accordance with the TK Maxx Returns Policy will be refunded to the gift card. This does not affect your statutory rights.
The holder of the card is responsible for its security and lost or stolen cards will not be replaced.
If you are purchasing the gift card online, please pay particular attention to the delivery address you enter as we cannot be responsible if the address is incorrect and the card is used by someone other than your intended recipient.
The card can be used against purchases in the original currency only, so a card purchased in sterling cannot make purchases in euro, dollars or zlotti and vice versa.
Terms Governing Web Content and its Use
Linking to this website
You may link to this website according to the following guidelines. We reserve the right to withdraw linking permission without notice if we believe these guidelines are not followed.
- The link must be done in a way that is fair and legal and neither damages nor takes advantage of our reputation
- The link must not suggest any form of association, approval or endorsement on our part where none exists
- You must not establish a link from any website that is not owned by you.
- The website must not be framed on any other site.
- The link must be made to the home page only.
Links to other websites
Our website may also contain links to other sites operated by TJK. We advise you to review the legal, privacy and security information for each such site to which you link as the terms and conditions and privacy policies may vary slightly from site to site.
Copyright, TradeMark and other Intellectual Property Rights
Except as otherwise expressly noted, all images, illustrations, designs (including product designs), graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the website as well as the selection, arrangement and organisation of the foregoing and the website as a whole (collectively "Content") are subject to copyright, trade mark, service mark, trade dress and/or other intellectual property rights or licences and rights of publicity and privacy, all worldwide rights, titles and interest in and to which are owned by, licensed or which may otherwise be used by TJK, TK Maxx, HomeSense or our suppliers. All software used on this website is the property of TJK, its suppliers or third party suppliers as applicable and is protected by UK and international copyright and other intellectual property laws.
Guidelines for use
- You may print off one copy, and may download extracts, of any page(s) from the website for your personal reference and you may draw the attention of others within your organisation to material posted on the website
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text
- Our status (and that of any identified contributors) as authors of material on the website must always be acknowledged
- You must not use any part of the content on the website for commercial purposes without obtaining a licence to do so from us or our licensors
- If you print off, copy or download any part of the website in breach of these terms and conditions, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of materials you may have made
Submission and Uploading Material for our website
You warrant that any Submissions comply with those standards, and you indemnify us for any breach of that warranty. As such TJK will own exclusively all such rights, titles and interests and shall have the right to use, reproduce, create derivative works based upon, disclose, publish, distribute, display and publicly perform, any Submissions and not be limited in any way in its use, commercial or otherwise of any Submissions. Further, TK Maxx shall be under no obligation to maintain any Submissions in confidence, pay to users any compensation or royalties for any Submissions or provide attribution to any users for any Submissions. TJK shall have no obligation to keep confidential, use, return or review any Submissions.
TK Maxx will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other use of the website.
Disclaimer of Liability
The website, its content, any material displayed on this website, any information available on or through this website and the software is provide "as is" and "as available" and without any guarantees, conditions or warranties of any kind, either express or implied, as to its accuracy to the fullest extent permitted pursuant to applicable laws.
Unless expressly stated to the contrary, to the fullest extent permitted by law, TK Maxx and its suppliers, content providers and advertisers will not be liable in contract, tort, (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for:
- Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings) or
- Any loss of goodwill or reputation or
- Any special or indirect losses suffered or incurred arising out of or in connection to this website or the linked sites and any materials posted thereon
TJX Europe does not represent or warrant that your use of the website, or the operation or function of the website or any services offered in connection with the website will be uninterrupted or error free; that defects on the website will be corrected; or that the website or its server or any links are free of viruses or other harmful elements. TJK makes no representations or warranty that the website, materials, software or any product offered or purchased through the website is applicable or appropriate for use or access in locations outside the United Kingdom.
Nothing in these Terms and Conditions shall limit TJX Europe's liability for death or personal injury arising from negligence, nor for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor for any other liability which cannot be excluded or limited by law.
You agree to indemnify, defend and hold harmless TJX Europe's directors, officers, employees, consultants, agents and affiliates, from any and all third-party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this website or your breach of these Terms and Conditions.
TJX Europe shall have the right in our absolute discretion at any time and without notice to amend, remove or vary the service and/or any page of this website.
If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms and Conditions will not be affected. All other terms will remain in full force and effect. So far as possible where any term or part of a term can be severed or removed to render the remaining part valid, the term shall be interpreted accordingly. Alternatively, you agree that the term shall be rectified and interpreted in such a way that closely ressembles the original meaning of the term as is permitted by law.
If you breach these Terms and Conditions and we take no action, TJK will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing Law and Jurisdiuction These Terms and Conditions are to be construed in accordance with the laws of England and, in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English and Welsh courts.
The above Terms and Conditions, the Returns Policy and any emails regarding the services TJK provides constitute the entire agreement of the parties (TJK and the customer) and supersede any and all preceding and contemporaneous agreements between you and TJK. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of TJK.
Terms and conditions Monthly Hot@rrivals Competition
Promoter: TJK (trading as "TK Maxx") 50 Clarendon Road, Watford WD17 1TX. Do not post to this address.
- Prize Draw open to Irish residents aged over 16, excluding employees or an immediate family member of an employee of TK Maxx or any other person who is directly connected with this promotion.
- To enter, you need to sign up for the hot@arrivals email newsletters and you will be automatically entered into the next available draw.
- Entry into the promotion is on the understanding and the acceptance of these terms and conditions. Any breach of these terms and conditions may result in a prize being forfeited.
- The Top Prize: One person will win a 250euro TK Maxx Gift Card. Entrants must be aware that in taking up the Top Prize, the winner is subject to the terms and conditions relating to TK Maxx Gift Cards provided at Voucher Express
- No Purchase Necessary.
- Entries must be made via the website and are restricted to only one entry per person, per household. More than one entry or entry via third parties will not be accepted.
- The winners will be selected in a random draw conducted within 8 days beginning from the last day of each month and under the supervision of an independent promotional verification service.
- Winners will be notified by email within 14 days of the draw date and the prize will be delivered to the winner within 28 days beginning the day after the notification is sent and/or made.
- No cash or other alternative in part or full will be offered in lieu of the specified prizes. Prizes are not transferable.
- The Promoter accepts no responsibility for entries which are illegible or lost or lost or delayed via technical problems. Proof of sending does not constitute proof of entry.
- The Promoter is not liable for any loss or damage, costs or expenses (whether direct, indirect or consequential) suffered by a prize winner or others, as a result of prizes awarded under this promotion. The prizes are taken up at the prize winners own risk.
- The Promoter reserves the right to amend, alter or terminate the content of the promotion at any time due to circumstances beyond its control.
- The Promoter reserves the right to amend, cancel, modify or offer an alternative prize if, in our sole discretion, the prize is not capable of being issued.
- Prize winners may be required to participate in reasonable publicity associated with this promotion.
- These terms and conditions are subject to English law. The data collected from the entry form will be collected and processed in accordance with the Data Protection Act 1998. The Promoter may use the data collected for the purposes of sending you marketing on sales and promotions held by the Promoter, subject to your consent. The data will not be disclosed by the Promoter to any other organisation that is not associated with the Promoter. For more on our data collection practices, please see our Terms and Conditions, and our Privacy Notice available at www.tkmaxx.ie, or visit the Customer Service desk at any of our stores to obtain a printed copy of these policies.
- The decision of the Promoter is final and binding on all matters. Correspondence will not be entered into. Please retain these terms and conditions for future reference.
FULL TERMS & CONDITIONS TK MAXX GIVE UP CLOTHES FOR GOOD PRIZE DRAW
The Prize Draw
- Eligibility: This Prize Draw is open only to residents of the UK and the Republic of Ireland aged 18 years or over excluding employees or agents of the Promoter and or any of its group companies or their families or households or anyone professionally connected to this Prize Draw.
- Promotional Period: Entries must be received by the Promoter between 00.01a.m. on 1st April 2012 and 11.59p.m. on 30th April 2012 (the "Promotional Period").
- Entry: No purchase is necessary to enter, however internet access is required.
- To Enter: Go to any TK Maxx store and drop off a bag of quality, clean, unwanted clothes, of any brand, which will be collected by Enable Ireland to raise funds. Enable Ireland is a registered charity in Dublin (13909) Pick up a leaflet containing a unique code. To complete your entry into the Prize Draw, visit www.tkmaxx.ie/giveupclothes and enter your details and unique code ("Entry").
- The Prizes: There are only two prizes:
£1000 gift card for a UK resident; and
1 x €1000 gift card for a ROI resident.
Prizes are non-transferable and no alternative prize will be offered for any reason.
- Winner Selection: Winners will be selected in a random draw to be conducted by PromoVeritas Limited, an independent promotional verification service. The Prize Draw will be conducted from all valid Entries received by the Promoter during the Promotional Period.
- Prize Draw Date: The Prize Draw will take place on 4th May 2012 (the "Draw Date"). Winners will be notified by the Promoter within 24 hours of the Draw Date using the email address provided by the participant at the time of entry. Winners will have 48 hours from the date the notification was sent to claim their prize (the "Claim Period"). Prizes must be claimed by sending a reply email to the email address from which the Promoter's notification was received.
- Forfeiture: In the event that a winner (or substitute winner) is unreachable for any reason whatsoever, ineligible, or fails to claim a prize within the Claim Period, the winner (or substitute winner) shall forfeit their prize. In the event of forfeiture of a prize, the Promoter reserves the right to conduct a further random draw and award the prize to another qualifying participant.
- Prize Delivery: Please allow 28 days for delivery of the prizes once initial win notification has been received. The prize will be in the form of a giftcard.
- Terms and Conditions: By entering this Prize Draw, participants agree to be bound by these terms and conditions.
- Severability: If any of the terms or conditions herein are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Invalid Entries: Entries that are incomplete or damaged will be deemed invalid. No responsibility is accepted by the Promoter for lost, delayed or damaged data which occurs during any communication or transmission of Entries whether as a result of any technical malfunction, congestion on any website or for any other reason.
- Disqualification of Entries: The Promoter reserves the right at its absolute discretion to disqualify Entries which it considers do not comply with these terms and conditions or any participant who it reasonably believes has interfered with the fair running of this Prize Draw.
- Verification: The Promoter shall have the right, where necessary, to undertake all such action as is reasonable to protect itself against fraudulent or invalid claims including, without limitation, to require further verification as to the identity, age, and other relevant details of a participant.
- Group Entries/Circumvention: No bulk, third party or organised group entries will be accepted. If it becomes apparent that a participant is using a computer(s) to circumvent this condition by, for example, the use of 'script', brute force' or any other automated means, that person's entries will be disqualified and any prize award will be void. Proof of identity may be requested.
- Promoter's Decision: The Promoter's decision is final and no correspondence will be entered into.
- Winners' Details: The names and counties of the winners will be available by sending a SAE to the Promoter's address below after the final closing date.
- Inconsistent Terms: In the event of a discrepancy between these standard terms and conditions and the details in the promotional material (or any other terms and conditions provided/referred to at the time of entry), the details of the promotional material (and any other terms and conditions provided/referred to at the time of entry) shall prevail.
- The Promoter reserves the right to publish the names and counties of residence of the winners. Each winner may be required to participate in the Promoter's marketing and promotional activities and by entering the Prize Draw consents to such participation.
- By accepting the prize, the winner may be required to take part in reasonable publicity related to the promotion.
- The Promoter shall not be liable for any interruption to this Prize Draw whether due to force majeure or other factors beyond the Promoter's control.
- The Promoter reserves the right, acting reasonably and in accordance with all relevant legislation and codes of practice, to vary the terms and conditions of this Prize Draw.
- The Promoter will not be responsible or liable for: (a) any failure to receive Entries due to transmission failures and other conditions beyond its reasonable control; (b) any late, lost, misrouted, or damaged transmissions or entries; (c) any computer or communications related malfunctions or failures; (d) any disruptions, losses or damages caused by events beyond the control of the Promoter.
- By entering the Prize Draw, the participant agrees to release the Promoter from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Prize Draw or with the acceptance, possession, attendance at or use of any prize (except death or personal injury caused by the Promoter's negligence, for fraud, or otherwise as prohibited by law).
- The Prize Draw and these terms and conditions shall be governed by English law.
Privacy and Data Protection