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Tory Burch Card Account Terms of Use and Agreement

21 December 2012

Tory Burch ("Tory Burch" or "we" or "us")

IMPORTANT -- PLEASE READ:

The following Tory Burch Card Agreement describes the terms and conditions that apply to the stored value account of your Tory Burch Card. This agreement is divided into two parts. Part One describes the terms that apply generally to the Tory Burch Card. Part Two contains important legal terms and conditions.

Please note that Tory Burch, the holder of the Tory Burch Card stored value facility, does not require the approval of the Monetary Authority of Singapore. Consumers (users) are advised to read the terms and conditions carefully.

YOUR USE OF YOUR TORY BURCH CARD IS GOVERNED BY THE TERMS OF THIS AGREEMENT. PLEASE ENSURE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS BEFORE USING YOUR TORY BURCH CARD. IF YOU DO NOT UNDERSTAND THESE TERMS YOU MAY CALL (65) 67332980 TO DISCUSS YOUR CONCERNS WITH US BEFORE YOU FIRST USE YOUR TORY BURCH CARD.

WE RECOMMEND YOU KEEP A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

PART ONE: TORY BURCH CARD GENERAL TERMS

About Your Account; Tory Burch Purchases Only: The Tory Burch Card is issued to you by Tory Burch LLC. The Tory Burch Card is to be treated like cash. If your Tory Burch Card is lost or stolen, it will only be replaced in the amount of the remaining balance if you present your original receipt and report the loss as described below. The monetary value on your Tory Burch Card can be used as payment only for Tory Burch products at the Tory Burch store in Singapore. There is no credit card, credit line, overdraft protection, or deposit account associated with a Tory Burch Card. No interest, dividends or any other earnings will accrue on or be credited to funds used to purchase a Tory Burch Card. The value associated with the Tory Burch Card is not insured or guaranteed by any person or entity.

We reserve the right not to accept any Tory Burch Card or otherwise limit use of a Tory Burch Card if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.

Fees and Expiry Date: Tory Burch does not charge any fees for the issuance, activation, or use of your Tory Burch Card. Your Tory Burch Card has no expiration date and can be used in connection with other forms of payment.

Receipts and Statements: Tory Burch does not send cardholders statements of itemized transactions from a Tory Burch Card account. You can check the balance of your Tory Burch Card on our web site www.toryburch.com/giftcards.

Redemption: Any amount on your Tory Burch Card is non-refundable and may not be exchanged for cash unless required by law.

Balance Corrections and Complaints: We reserve the right to correct the balance of your Tory Burch Card account if we believe that a clerical, billing or accounting error has occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Tory Burch Card, please contact Tory Burch at inquiries@toryburch.com and we will conduct an investigation and communicate the results to you and correct any error that we verify. We will have no liability for any billing error unless you provide us notice within sixty (60) days of the date of the transaction in question. You should monitor your transactions and account balances closely.

Liability for Unauthorized Transactions: Because your Tory Burch Card is used like cash for purchases from Tory Burch, you are responsible for all transactions associated with your Tory Burch Card, including unauthorized transactions.

PART TWO: IMPORTANT LEGAL TERMS

Changes to This Agreement: We may amend the terms of this agreement at any time for security, legal, regulatory or valid business reasons. We will post the terms to the modified agreement on our web site at www.toryburch.com/singapore. Subject to the remainder of this clause, any change, addition or deletion will become effective at the time we post the revised agreement to our web site or in our stores or as otherwise stated in our notice to you. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Tory Burch Cards. The amended terms will apply to you if (1) you do not notify us in writing to the contrary within twenty (20) days of the date of our notice (or such other reasonable period of time as specified in our notice to you), or (2) you use your Tory Burch Card after such twenty (20) day notice period.

Cancellation of This Agreement: We may suspend or terminate this agreement at any time by giving you reasonable prior notice. We need not, however, give you notice where we have serious grounds for considering that immediate termination is required (e.g. if we reasonably suspect fraudulent or unauthorized use of the Tory Burch Card). If we terminate this agreement in circumstances where it is determined you are not in breach of this agreement, we will refund or issue store credits equal to the balance held in your Tory Burch Card account less any amounts that you owe us. In the event that this agreement is terminated, this Part Two will continue to apply as between us in respect of anything either of us did while this agreement was in force.

Governing Law: This agreement is governed by the laws of Singapore.

Disclaimers and Limits of Liability: Tory Burch does not represent or warrant that your Tory Burch Card will always be accessible or accepted at participating Tory Burch stores. 
 In the event that Tory Burch is held liable to you under this agreement, you will be entitled to recover from us your actual damages, up to the last balance held on your Tory Burch Card in question. Tory Burch will not be liable to you for:

  • any loss of income, business, goodwill or profits arising out of this agreement;
  • any unauthorized access to or alteration, theft or destruction of your Tory Burch Card;
  • the consequences of any delay or mistake relating to the use of your Tory Burch Card caused by any circumstances beyond our control;
  • any loss or damage which was not caused by our breach of this agreement or breach of our legal duty of care;
  • any loss or damage that was not a reasonably foreseeable result of either our breach of this agreement or breach of our legal duty of care. Loss or damage is "reasonably foreseeable" if, at the time we entered into this agreement, such loss was contemplated by you and by us; or
  • any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage.

This agreement does not affect your statutory rights and must be read subject to those rights. If you require more information on your statutory rights you should contact a lawyer.

Assignment: We may transfer all or part of this agreement without such transfer being considered a change to the agreement, by giving notice to you. The company or other entity to whom we transfer this agreement will have the same rights and obligations as we did before the transfer and we will ensure that it agrees in writing to be bound by the terms and conditions of this agreement so that you rights under this agreement are not detrimentally affected and we will then be released from all liability.

Entire Agreement; Construction: All correspondence entered into under this agreement will be in the English language. This agreement is the complete and exclusive statement of agreement between you and Tory Burch LLC and supersedes all prior proposals and all other agreements in respect of the subject matter of this agreement. If any provision of this agreement is illegal or unenforceable, that provision will be deleted from this agreement, and the remaining terms will not be affected. Headings are for convenience of reference only and will in no way affect interpretation of this agreement.

Inquiries or Questions: If you have any questions regarding this Tory Burch Card Account Terms of Use and Agreement, or your Tory Burch Card, please email Tory Burch customer service at inquiries@toryburch.com.

Tory Burch LLC, 11 West 19th Street, New York, NY 10011