terms & conditions
Welcome to elevate.target.com. These Terms & Conditions apply to the Target website
located at https://elevate.target.com/ and all other sites, mobile
sites, services, applications, platforms and tools where these Terms & Conditions
appear or are linked (collectively, the "Site"). As used in these Terms &
Conditions, "Target", "us" or "we" refers to Target Corporation India Private
Limited and its subsidiaries and affiliates.
Introduction
BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS & CONDITIONS. Any
person or entity who interacts with the Site through the use of crawlers, robots,
browsers, data mining or extraction tools, or other functionality, whether such
functionality is installed or placed by such person or entity or a third party, is
considered to be using the Site. If at any time you do not accept all of these Terms
& Conditions, you must immediately stop using the Site. Certain areas within the
Site may be governed by additional terms and policies ("Additional Terms"). By using
those areas of the Site, you agree to the Additional Terms. The Additional Terms are
incorporated into these Terms & Conditions, and any reference to these Terms &
Conditions includes the Additional Terms.
Content
All content included on the Site such as text, graphics, logos, images, audio clips,
video, data, music, software, application updates, and other material (collectively
"Content") is owned or licensed property of Target or its suppliers or licensors,
and is protected by copyright, trademark, 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., Indian and international
copyright laws. Target and its suppliers, partners and licensors, expressly reserve
all intellectual property rights in all Content.
License and Access
Target grants you a limited license to access and make personal use of the Site and
the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not
violate these Terms & Conditions including, without limitation, the prohibitions
listed in the "UNLAWFUL OR PROHIBITED USES" section of these Terms & Conditions.
Accessing, downloading, printing, posting, storing or otherwise using the Site or
any of the Content for any commercial purpose, whether on behalf of yourself or on
behalf of any third party, constitutes a material breach of these Terms &
Conditions. The Site is intended for use by individuals 13 years of age or older. If
you are under 18, you may use this Site only with involvement of a parent or
guardian. Unlawful or Prohibited Uses The Site may only be used for lawful purposes
in accordance with the terms of the license granted in these Terms & Conditions. 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.
Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:
-
Make any commercial use of the Site or its Content, including making any
collection or use of any product listings, descriptions, prices or images;
- Download, copy or transmit any Content for the benefit of any other merchant;
- Use or attempt to use any engine, software, tool, agent, data or other device or
mechanism (including 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;
- Frame, mirror or use framing techniques on any part of the Site without Target’s
express prior written consent;
- Make any use of data extraction, scraping, mining or other data gathering tools,
or create a database by systematically downloading or storing Site content, or
otherwise scrape, collect, store or use any Content, product listings,
descriptions, prices or images, except pursuant to the limited license granted
by these Terms & Conditions;
- Use any meta tags or any other hidden text utilizing Target’s name or marks;
- Misrepresent the identity of a user, impersonate any person or entity, falsely
state or otherwise misrepresent your affiliation with any person or entity in
connection with the Site, or express or imply that we endorse any statement you
make;
- Use a buying agent to conduct transactions on the Site;
- Conduct fraudulent activities on the Site;
- Violate or attempt to violate the security of the Site, including, without
limitation: (i) accessing data not intended for you or logging onto a server or
an account that you are not authorized to access; (ii) trying to change the
behavior of the Site; (iii) attempting to probe, scan or test the vulnerability
of a system or network, or to breach security or authentication measures; (iv)
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"; (v) forging any header or
any part of the header information in any email or posting; or (vi) forging
communications on behalf of the Site (impersonating the Target Site) or to the
Site (impersonating another user);
- Tamper with the Site or use or attempt to use any device, software, routine or
data that interferes or attempts to interfere with the working or functionality
of the Site or any activity being conducted on the Site;
- Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights of others, including others’ privacy rights or rights of publicity;
- Harvest or collect personally identifiable information about other users of the
Site;
- 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; or
- Remove any copyright, trademark or other proprietary rights notice from the Site
or materials originating from the Site.
Your Account
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 the user name you request. Your user name and password are for your personal use
only. If you use the Site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account or
password. In addition to all other rights available to Target including those set
forth in these Terms & Conditions, Target reserves the right, in its sole
discretion, to terminate your account, refuse service to you, or cancel orders.
Modification & Termination
Target may at any time: (i) modify or discontinue any part of the Site; (ii) charge,
modify or waive fees required to use the Site; or (iii) offer opportunities to some
or all Site users. 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. Your continued use of the Site will indicate your acceptance of the
current Terms & Conditions; however, any change to these Terms & Conditions after
your last usage of the Site will not be applied retroactively. Target reserves the
right, without notice and at 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 (i) if
you violate any of these Terms & Conditions, (ii) for any other reason or (iii) for
no reason. Upon any such termination, your right to use the Site will immediately
cease. You agree that we shall not be liable to you or any third party for any
termination of your access to the Site. Upon termination, all provisions of these
Terms & Conditions which are by their nature intended to survive termination, all
representations and warranties, all limitations of liability and all indemnities
shall survive such termination.
Disclaimers of Warranties
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 , PRODUCTS, SERVICES, AND USER CONTENT
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE
"SITE CONTENTS") ARE PROVIDED BY TARGET ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND. TARGET MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE
ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, 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. TO THE FULL EXTENT PERMITTED BY LAW, TARGET DISCLAIMS
ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE
CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE. On the Site, we
may display names, marks, products, advertisements, or services of third parties,
pop-up texts, or links to third-party sites. If you decide to link to any such
third-party sites, you do so entirely at your own risk.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL TARGET OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS
BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN
CONNECTION WITH YOUR 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
GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT,
EVEN IF TARGET HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR 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. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF
LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE
RISKS UNDER THE AGREEMENT BETWEEN YOU AND TARGET. THIS ALLOCATION IS AN ESSENTIAL
ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TARGET. THE LIMITATIONS IN THIS
SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
Indemnification & Defense
As a condition of the use of the Site, you agree to defend, indemnify and hold
harmless Target and its respective employees, directors, officers, agents, vendors
and suppliers from and against any liabilities, losses, investigations, inquiries,
claims, suits, damages, costs and expenses (including, without limitation,
reasonable attorneys’ fees and expenses) (each, a "Claim") arising out of or
otherwise relating to Claims alleging facts that if true would constitute a breach
by you of these Terms & Conditions, or any User Content submitted by you.
Miscellaneous
These Terms & Conditions, including policies and information linked from or
incorporated herein or otherwise found on the Site, constitute the entire agreement
between you and Target with respect to the Site and supersede all prior or
contemporaneous communications, agreements, and proposals 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 failure to
exercise, partial exercise of, or delay in exercising any right or remedy 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. You may not assign, transfer, or
sublicense any of your rights or obligations under these Terms & Conditions without
our express prior written consent. We will not be responsible for failure to fulfill
any obligation due to causes beyond our control.