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TD Rewards Shopping Mall
Merchandise Purchase Agreement (the "Agreement")
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE TD REWARDS SHOPPING MALL SITE.

1.        Your Acceptance of this Agreement
2.        Definitions
3.        Applicable Law
4.        Merchandise Responsibility
5.        Limitation of Liability
6.        Eligibility
7.        Site Ownership and Trademarks
8.        Use of the Site
9.        Your Responsibilities
10.     Merchandise Prices
11.     Pricing
12.     Merchandise Not Found
13.     Safe Shopping
14.     Content, Merchandise Availability and Delivery
15.     Taxes
16.     Payment for Purchases of Merchandise
17.     Changes and Termination
18.     Acceptable Use Policy for your Ratings, Product Reviews, Comments and Communications
19.     Feedback
20.     Privacy and Communication Policy
21.     Miscellaneous


By using this TD Rewards Shopping Mall site (the "Site") to buy goods and/or services of any kind or gift certificates that are available for purchase through the Site (the "Merchandise"), you agree to all of the terms and conditions in this Agreement and to the terms and conditions of this Site's Privacy Policy which forms a part of this Agreement. You agree to carefully review this Agreement each time you use the Site and/or make purchases of Merchandise through the Site.

You also agree that the terms and conditions as described in your TD Canada Trust Credit Cardholder Agreement, will continue to apply to you and to the Merchandise Program, unless otherwise amended by this Agreement.

You further agree to use this Site and the Merchandise Program to make legitimate purchases of Merchandise for personal, non-commercial purposes only, and not for any business or commercial purposes whatsoever. You also agree not to use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchases of Merchandise in anticipation of demand. All actual or potential fraudulent purchases will be investigated and prosecuted.

You acknowledge having had the opportunity to review the terms and conditions that apply to the Merchandise (the "Merchandise Terms") as provided by each Merchandise supplier or its agent (each a "Supplier") and you also agree to the Merchandise Terms.

The Site, this Agreement and the Merchandise Program are entirely the responsibility of, and are administered and managed, by MyAxs Inc. ("MyAxs")

The Toronto-Dominion Bank ("TD") and its affiliates (collectively, "TDBFG") are not responsible whatsoever for this Site, this Agreement, or the Merchandise Program.

DEFINITIONS
Definitions used in this Agreement are as set out throughout this Agreement, as well as below:
"Account" means a TD Canada Trust Credit Card Account that is opened by TD and that may be accessed by a Card.
"Additional Cardholder" means a person to whom a Card on an Account that is used for business purposes has been issued at the authorization of the Business Borrower/Individual Borrower(s) of an Account.
"Agreement" means this Agreement as described in these terms and conditions and any amendments to it.
"Authorized User" means a natural person to whom a Card that is used for personal purposes has been issued at the authorization of the Primary Cardholder on the Account.
"Business Borrower" and the "Individual Borrower(s)" means a person who has applied for a business purpose Account and who may be issued a Card for the Account or who authorizes the issuance of Cards to Additional Cardholders on the Account(s) opened under the name of the Business Borrower or Individual Borrower(s).
"Card" means a credit card issued by TD but not including any TD Aeroplan Credit Card issued by TD.
"Cardholder", "TD Cardholder", "you" or "your" means a person that has been issued a Card by TD and includes a Primary Cardholder, any Authorized User in the case of a personal Card, and any Additional Cardholder in the case of a business Card and, for purposes of this Agreement,  also includes a Business Borrower/Individual Borrower(s) whether or not they have been issued a Card for an Account.
"Primary Cardholder" means a natural person who applied for an Account, whose name is on the Account and to whom a Card has been issued for that Account.
"Merchandise Program" means the TD Rewards Shopping Mall program that allows Cardholders to purchase Merchandise through the Site in accordance with the terms and conditions of this Agreement. 
"TD Canada Trust Credit Cardholder Agreement" means the Cardholder agreement that is provided by TD that governs the use of your Card, the Account and which was provided to you by TD as part of your credit agreement with TD and/or when your Card was issued or re-issued to you.

APPLICABLE LAW
This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the applicable laws of Canada.

MERCHANDISE RESPONSIBILITY
All Merchandise is covered by the individual manufacturer's warranty. Neither MyAxs nor TD make any guarantees, warranties or representations of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or otherwise, with respect to any Merchandise.
Neither MyAxs nor TD are responsible for any claims against third parties arising from the Merchandise Program, or for any defect in any Merchandise. Without limiting the generality of the foregoing, neither MyAxs nor TD are responsible for any incidental, special, punitive or consequential damages whatsoever with respect to the Merchandise.

Suppliers are committed to providing quality service; however, neither MyAxs nor TD have any responsibility for non-delivery of Merchandise by a Supplier. While every reasonable effort will be made to satisfy you with an equivalent replacement or a credit, neither MyAxs nor TD will assume any responsibility for costs related to the failure of a Supplier to deliver any Merchandise.

Every effort has been made to ensure that the information contained in the Catalogue is correct, however, neither MyAxs nor TD are responsible for any errors or omissions in the Catalogue. MyAxs and TD reserve the right to correct any errors and to refuse purchase where incorrect information has been included in the Catalogue.

LIMITATION OF LIABILITY
Neither MyAxs nor TD have any responsibility for, and will not be liable for, any loss or damage (financial, property or otherwise), personal injury, accident, delay, inconvenience, or irregularity which you or others  may suffer with respect to the Site, this Agreement, the Merchandise Program, the Catalogue or any Supplier, by reason of any act, default, non-performance, or wrongful, careless, negligent, or unauthorized act or omission of MyAxs, TD, any Supplier, their respective employees, or any other third party.

You release MyAxs and TD from all claims in respect of any loss or damage suffered by you or others that is caused by:
a. any errors or omissions in the Catalogue or other sources used for the Site;
b. any actions or omissions of MyAxs, TD, or any Supplier;
c. your purchase through the Merchandise Program or otherwise;
d. any problem with your Merchandise or with using your Merchandise;
e. loss or theft of your Merchandise;
f. failure to receive your Merchandise;
g. downgrades or substitutions of your Merchandise;
h. suspension or termination of the Merchandise Program and/or this Agreement;
i.  suspension or termination of your participation in the Merchandise Program or the closing of your Account;
Without limiting the generality of the foregoing, neither MyAxs nor TD are responsible whatsoever for any incidental, special, punitive or consequential damages  that may be incurred in connection with the Site, this Agreement,  the Merchandise Program, the Catalogue, any Supplier (including their employees),  or any other third party, or in connection with any Merchandise purchased through the Merchandise Program.
Market changes to Merchandise or the Merchandise Program are beyond the control of MyAxs and TD and neither MyAxs nor TD are responsible for any such changes.

ELIGIBILITY
You  must be a valid holder of a Card issued by TD and your Card and Account must be open and in good standing in order to purchase Merchandise through the Merchandise Program in accordance with this Agreement.

SITE OWNERSHIP AND TRADEMARKS
This Site, including each of its modules as well as the arrangement and compilation of the content found on the Site, is the copyrighted property of MyAxs and/or its various third party providers, distributors, or other information providers, as applicable. In addition, the trademarks, logos and service marks displayed on this Site (collectively, the "Trademarks") are the registered and common law Trademarks of MyAxs, its affiliates, and various third parties including Suppliers. Nothing contained on this Site shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of the Trademarks without the written permission of MyAxs or such other party that may own the Trademarks.

USE OF THE SITE
You are granted a limited, non-transferable licence to use this Site in accordance with this Agreement. You may only download, display and print the materials presented on this Site for your personal, non-commercial use.

YOUR RESPONSIBILITIES
When using the Site, you are responsible for maintaining the confidentiality of your TD Account  and your login information, password and PIN. You are responsible for all activities that occur in or under your TD Account, login information, password or PIN, including without limitation financial responsibility for all use of the Site by you and anyone using your login information, password or PIN.

MERCHANDISE PRICES
Prices for Merchandise will be expressed in Canadian dollars. Prices for Merchandise are subject to change without notice.

PRICING
We do our best to offer the lowest price on all of our products.  If you see an item advertised for a lower price elsewhere, please let us know. Send an e-mail to support@tdrewards.com and include the product name, model number, the other retailer's advertised price and where it was advertised.

All prices listed on this Site are subject to confirmation. MyAxs will notify you by email within 2 business days of making a purchase if the confirmed price of an item you have selected differs from the price listed on the Site or on your purchase order. If you do not receive an email within 2 business days of completing a purchase order, MyAxs is deemed to have confirmed the purchase at the price listed. If you receive such notification, the sale will be automatically terminated unless you reply by email with confirmation of your intention to purchase the item at the confirmed price. Restrictions on who may purchase, what may be purchased and where items may be shipped.

You may only purchase or order items for personal, non-business purposes, unless you are using a business card and lawful purposes and any other use is not permitted.

You must be 18 years of age or older to purchase from this Site.

Any items purchased on this Site will not be delivered to an address outside of Canada.

MyAxs reserves the right to limit the quantities, of items which you, your family or any group can purchase, to reject, correct, cancel or refuse orders, and to determine accounts in its discretion including, without limitation, if MyAxs believes that customer conduct contravenes applicable law or is harmful to the interests of MyAxs or its representatives, agents, contractors, suppliers or licensees.

MyAxs will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, MyAxs will not be responsible for any delays in delivery which are beyond its control. Where delivery is delayed, MyAxs will notify you as soon as possible.

If any item listed or shown for purchase through the Site is no longer available, the Site will show an out of stock message or will be removed from the site.

In order to protect you and MyAxs from fraudulent transactions, MyAxs may provide your transaction-related information to a reputable third party organization to perform an address verification. This address verification is intended to ensure that the "bill to" address that you provide matches your credit card address. MyAxs also reserves the right, at its discretion, not to ship items ordered or purchased on this Site to certain addresses. In the event that MyAxs chooses not to ship an item, you will be notified by email and any amount charged to your Card will be refunded.

MERCHANDISE NOT FOUND
Couldn't find what you were looking for?  Send an email to support@tdrewards.com with the product name and model number. We will do our best to find it for you. Please allow two business days for a response. In our message, we will include the price and expected delivery time.

SAFE SHOPPING
Your safe and secure online shopping experience is our top priority.  We have installed some additional security measures and constantly monitor our purchases for suspicious activity.  As such, you may receive a call from us or from TD Canada Trust validating your purchase.  We do this to ensure that it was you who actually made the purchase.  Please bear with us as we are only trying to protect all parties involved.

CONTENT, MERCHANDISE AVAILABILITY AND DELIVERY

Content.  The Merchandise Program on-line catalogue (the "Catalogue") will include a broad range of Merchandise for purchase. Merchandise may be purchased by a charge to your Account for the entire amount of the purchase.  

Merchandise Availability. Suppliers change models, specifications, patterns, and pricing for Merchandise from time to time, and on occasion it may be necessary to substitute items. MyAxs reserves the right to change the purchase prise of such Merchandise to reflect these changes. If a suitable substitute cannot be found, MyAxs will advise you that a new selection is necessary. You may return substituted Merchandise at no cost (unused and in its original packaging) if the substitution is not acceptable to you.  Suppliers have the right to change or discontinue models at any time and without prior notice.

Merchandise Delivery. Delivery of Merchandise orders typically takes five to ten business days from our receipt of your order, therefore remember to order early for holidays and special occasions. If your Merchandise is being shipped directly from a manufacturer, you must allow two to six weeks for delivery. Multiple orders may not always be shipped together. You may receive several shipments to complete your order. Neither MyAxs nor TD are liable for delays or price changes in connection with any Merchandise. You assume responsibility if delivery of Merchandise from the manufacturer is stolen during mailing. Deliveries cannot be made to a Post Office Box, rural routes, or to addresses outside of Canada. Large products are shipped via common carrier truck lines that provide curbside delivery only. Installation of major appliances is not included. You assume responsibility if gift cards/certificates are stolen during mailing. To check the status of a shipment, contact MyAxs at support@tdrewards.com.
Note: For Merchandise required in time for Christmas, MyAxs must receive your order  by December 4th.

Merchandise Returns. TD Rewards Shopping Mall has a 100% satisfaction guarantee. If you are unhappy with your product or the item is defective, please notify us within 30 days and we will take it back. The item must be returned in its original packaging, along with the manuals and accessories. For defective items or incorrect shipments, the return shipping charges will be covered by TD Rewards Shopping Mall and original shipping charges will be refunded. Otherwise, return shipping charges are the customer's responsibility and original shipping charges will not be reimbursed. If the item is defective and it is more than 30 days, please contact the manufacturer for repair or replacement under warranty.

Note the following exceptions:

These items cannot be returned: earrings, headphones, clothing, opened CDs, DVDs or games.

These items can only be returned within 7 days after you receive your order: computers, monitors, printers, notebook computers, tablets, camcorders, digital cameras, and portable DVD players.

There are no returns on clearance items unless they are defective or the incorrect item was shipped.

Returns on defective items and incorrect shipments
To initiate the return, log into your TD Rewards Shopping Mall account, go to the Order History section in My Account. Click on the 'view details' link next to the order you wish to return and select 'return' item. A member of the TD Rewards Customer Support Team will contact you with specific return instructions. Please follow the instructions sent to you to ensure prompt processing of your refund or shipment of the replacement unit.

Once the product is received in our warehouse, it will be assessed based on the reason for the return. We will check to be sure that all items originally sent with the product are included. We will then issue a full refund or send out a replacement product.

Other returns
To initiate the return, log into your TD Rewards Shopping Mall account, go to the Order History section in My Account. Click on the 'view details' link next to the order you wish to return and select 'return' item. A member of the TD Rewards Customer Support Team will contact you with specific return instructions. Please follow the instructions sent to you to ensure prompt processing of your refund or shipment of the replacement unit.

Once the product is received in our warehouse, it will be assessed based on the reason for the return. We will check to be sure that all items originally sent with the product are included. We will then issue a refund, less the original shipping charges.

IMPORTANT: In the event that a returned order has items missing, the value of the missing materials may be deducted from the total credit amount.

Shopping Cart. Merchandise in your shopping cart are pending orders. Pending orders are not shipped, nor is a charge applied to your Account, until your order is confirmed. The Site will automatically empty your cart after 20 minutes. To adjust the quantity of Merchandise in your cart, click on the plus and minus signs next to the product name. To reflect your change, select Update Cart. To remove a product from your cart, click on the remove button next to the product name.

TAXES
You will be responsible for all applicable taxes related to your Merchandise.  Applicable taxes may be charged to the Account at the time of purchase,  while other charges may be collected from you upon final delivery of the Merchandise. The amount of any taxes or other charges associated with your Merchandise that are imposed by MyAxs and/or a Supplier are your sole responsibility and may change at any time without notice. 

PAYMENT FOR PURCHASES OF MERCHANDISE
Full payment is required at the time of purchase of any Merchandise. Online purchases can be made by charging the full cost of the Merchandise to your Account. Any additional fees and/or insurance can be paid by using your Account. We only accept credit cards issued by TD in Canada. If you use a U.S. dollar currency card issued by TD, please note that pricing is in Canadian dollars and that we only ship within Canada.

CHANGES AND TERMINATION 
MyAxs and TD reserve the right to change, cancel or terminate the Site, the Merchandise, the Catalogue, this Agreement, the Merchandise Program, , and/or the Suppliers, at any time, with or without notice (the "Changes"). Where no notice is provided, MyAxs will make every effort to inform you of such changes as soon as possible after they are made.
Your continuing use of the Site, including  any purchases of Merchandise through the Site, following any Changes, will signify your acceptance of the Changes.
MyAxs and TD reserve the right to cancel your participation in the Merchandise Program if you: abuse the Merchandise Program; do not comply with this Agreement; make any misrepresentations; or conduct yourself in a manner detrimental, as solely determined by MyAxs and TD, to the interests of MyAxs, TD or the Merchandise Program.

Acceptable Use Policy for your Ratings, Product Reviews, Comments and Communications
All permitted and prohibited uses of this Internet Site, including any ratings, reviews, comments and communications, are governed by the "Acceptable Use Policy" as follows:

Representations and Warranties - You understand that except for advertising programs offered by MyAXS and its Internet Site the Internet Site is available for your personal, non-commercial use only. By submitting any content to MyAXS or through the MyAXS Internet Site, you represent and warrant that:

you are the sole author and owner of the intellectual property rights thereto;

all "moral rights" that you may have in such content have been voluntarily waived by you;

all content that you post is accurate;

you are at least 18 years old; and

use of the content you supply does not violate this Acceptable Use Policy and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

that is known by you to be false, inaccurate or misleading;

that infringes any third party intellectual property rights, including copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

that is, or may reasonably be considered to be, defamatory, libellous, hateful, obscene, discriminatory or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;

for which you were compensated or granted any consideration by any third party;

that includes any information that references other Internet Sites, physical addresses, email addresses, contact information or phone numbers; or

that contains any computer viruses, worms or other potentially damaging computer programs or files; or

that contains any advertisements, "spam" content, or references to other products, offers, or Internet Sites.

Ownership of Content- For any content that you submit, you grant MyAXS  a, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. All content that you submit on or through the Internet Site may be used at MyAXS' sole discretion. MyAXS reserves the right to change, condense or delete any content on Internet Site that MyAXS deems, in its sole discretion, to violate any provision of this Acceptable Use Policy. MyAXS does not guarantee that you will have any recourse through MyAXS to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, MyAXS reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not MyAXS, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of MyAXS, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

Privacy- By submitting any Personal Information (as defined in the MyAXS Privacy Policy), in connection with your use of any ratings, reviews, comments and/or communications function offered through the MyAXS Internet Site, you agree that MyAXS may use such Personal Information in accordance with its Privacy Policy.

Security - You are prohibited from violating or attempting to violate the security of the MyAXS Internet Site, including, without limitation: (a) accessing data not intended for you, including logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization, (c) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of "denial of service" attacks, overloading, "flooding", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any posting, (e) disrupting network nodes or network services or otherwise restricting, inhibiting, disrupting or impeding MyAXS'  ability to monitor or make the Internet Site available, or (f) taking any action in order to obtain services to which the you are not entitled. Violations of system or network security may result in civil or criminal liability. MyAXS will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting you if you are involved in such violations.

Suspension or Termination- If MyAXS determines, in its sole discretion, that you are in violation of any provision of this Acceptable Use Policy, MyAXS may suspend or terminate your use or access to the MyAXS Internet Site without the notice to you. At all times, MyAXS shall have the discretion to take such action as MyAXS deems necessary, in its sole discretion, to preclude a violation, and MyAXS shall not be liable for any damages of any nature suffered by you or a third party resulting from MyAXS' exercise of its rights under this Acceptable Use Policy.  Your suspension or termination of the use of the MyAXS Internet Site will not impact the use of your Card generally, which is in the sole discretion of TD Canada Trust.

Reporting Libel and Defamation- If you become aware of any misuse of the Internet Site, including libellous or defamatory conduct by any person, you must report it to MyAXS by email at webmaster@tdrewards.com.

Third Party Internet Sites- If you choose to post or share any ratings, reviews, comments or communication on a third party Internet Site, including any social networking and/or social booking marking Internet Site, you do so at your own risk. Such Internet Sites are independent from MyAXS and MyAXS has no control over and expressly disclaims any liability which may ensue from posting or sharing any content on such third party Internet Sites.

Feedback
If you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a product review. To ensure a prompt response to your feedback, contact us directly at webmaster@tdrewards.com.

Privacy and Communication Policy
In accordance with the Privacy Policy for the Site, which is available on the Site, MyAXS will NEVER send you an email asking you for any personal information, account information or credit card information. MyAXS will never sell your information or make it available to any 3rd parties.  MyAXS will never share your purchase history with anyone.  MyAXS will only communicate with you in the following situations:

1.    When you make a purchase
a) You will receive a confirmation e-mail and an invoice
b) You will receive a shipping confirmation when your item is shipped
c) You may receive a follow up e-mail just to make sure that everything was delivered to your satisfaction.

2.    Weekly Newsletter
a) If you opt-in to receive our newsletter you will receive it twice a week.
b) Occasionally, we do have additional special offers and contests, which will be promoted through emails sent out in addition to the weekly newsletter. These additional newsletters will not exceed 10 emails per calendar year.
b) You can always opt-out by adjusting your preferences through 'email settings' in the My Account section.
c) This newsletter highlights our weekly specials, hot deals and promotions.

3.    System Maintenance E-mails
a) In rare instances, you may receive an e-mail from us about important system upgrades and features. We try to limit these to once or twice a year and only if they are extremely important.

Click here to review the full MyAXS Privacy Policy

Miscellaneous
Questions? If you  have any questions or concerns regarding the Site, this Agreement, or the Merchandise Program, please contact MyAXS at support@tdrewards.com.

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