Terms of Use

Last updated: August 28th 2008.

These Terms of Use apply to HomeSense's website, www.homesense.com (the "Website"). HomeSense is owned and operated by TJX UK, a subsidiary of the TJX Companies, Inc ("HomeSense").

Registered Office: 50 Clarendon Road Watford WD17 1TX
Registered in England and Wales
Registration Number 3094828.

Before using our Website, please take some time to review the following basic terms and conditions and the terms of our Privacy Notice (which are incorporated herein by reference), all of the foregoing collectively referred to as the "Terms of Use." Collection and use of your personal information under this Website is subject to the Privacy Notice. When you use our Website you are automatically agreeing to be bound by these Terms of Use, including the Privacy Notice. These Terms of Use may be changed or updated by HomeSense from time to time without prior notice. We will indicate at the top of the Terms of Use when they were most recently updated. Continued use of the Website following any such changes shall constitute your acceptance of any new Terms of Use. Users are responsible for regularly reviewing these Terms of Use and we encourage you, therefore, to review them carefully whenever you use the Website. If you do not agree with any of the Terms of Use, please do not use the Website.

Children under the age of 18 may not use this Website.

Access to the Website is permitted on a temporary basis, and HomeSense reserves the right to withdraw or amend the service it provides on the Website without notice (see below). HomeSense will not be liable if for any reason the Website is unavailable at any time or for any period.

From time to time, HomeSense may restrict access to some parts or the entirety of the Website, to users, whether registered or otherwise.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of HomeSense's security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by HomeSense, at any time, if in HomeSense's opinion you have failed to comply with any of the provisions of these Terms of Use.

You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use, and that they comply with them.

You may only use the Website in accordance with these Terms of Use and, in any event, for lawful and proper purposes which include complying with all applicable laws, regulations and codes of practice within the UK or any other jurisdiction from which you are accessing our Website.

In particular, you agree that you will:

• provide true, accurate, current, complete and non-misleading information on any registration form or as otherwise reasonably requested by HomeSense;

• not place any unauthorised, false or fraudulent details;

• not post, transmit or otherwise disseminate any information on or via the Website which is or may be harmful, vulgar, obscene, defamatory, harmful, tortious, racist or otherwise illegal or offensive;

• 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;

• not take any action that imposes an unreasonable or disproportionately large load on the Website;

• not upload, post, e-mail or otherwise transmit any unsolicited or unauthorised materials such as junk mail, spam, chain letters etc., through our Website.

Without prejudice to any of our other rights, HomeSense reserves the right at any time to:

• suspend the services offered on the Website;

• remove items from the Website, including any promotions or featured jobs;

• cancel your registration without reference to you; and/or

• deny you access to the Website;

where we reasonably believe (in our absolute discretion) that you are in breach of any of these Terms of Use or the Privacy Notice.

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 interests in and to which are owned by or licensed to TJX Companies, Inc and HomeSense or our suppliers. All software used on this Website is the property of HomeSense or its suppliers and is protected by UK and international copyright and other intellectual property laws.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw attention of others within your organisation to material posted on our 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 the authors of material on our Website must always be acknowledged.

You must not use any part of the Content on our 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 our Website in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Other than personal information which is subject to the Privacy Notice, all comments, blogs, feedback, suggestions, ideas, original materials such as stories, artwork, computer code, or product or marketing ideas and any other submissions disclosed, submitted or offered to HomeSense on or through the Website or otherwise disclosed, submitted or offered by you to us (collectively, "Submissions") shall be and remain the property of HomeSense. Such disclosure, submission or offer of any Submissions and your agreement to these Terms of Use shall constitute an assignment to HomeSense of any intellectual property rights.

You warrant that any Submissions comply with those standards, and you indemnify us for any breach of that warranty. As such, HomeSense 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, HomeSense 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. HomeSense shall have no obligation to keep confidential, use, return, or review any Submissions.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.

HomeSense reserve the right to take any action they reasonably deem necessary to cure or prevent a violation of the Terms of Use, including without limitation, removal from this Website of any materials submitted by any user and the right to disclose your identity to a third party who is claiming that any material uploaded by you to the Website constitutes a breach of their intellectual property rights or their right to privacy.

When you use our Website, you may discover that it contains links to other sites that are not owned or operated by HomeSense. These links are not intended to be referrals or endorsements of the linked sites and HomeSense are providing them only for your convenience. As such, HomeSense does not warrant, represent or assume any responsibility or liability for the accuracy, completeness or operation of any linked site (or any site contained in a linked site), or the practices or privacy, security and other policies contained in any linked site (or any site contained in a linked site). You should familiarise yourself, therefore, with the specific legal, privacy and security information contained in any such websites.

Our Website also contains links to other sites operated by HomeSense. We advise you to review the legal, privacy and security information for each such site to which you link, as the terms and conditions of use and the policies relating to the personal information you provide may vary from website to website.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to 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.

Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our Website other than that set out above, please address your request to customerservice@myhomesense.com. Any permitted links must comply with all applicable laws and regulations.

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. HomeSense will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

HomeSense 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 our site or to your downloading of any material posted on it, or on any website linked to it.

We have tried to display the products and attributes of the products on the Website, including the colours of products, we are offering for sale accurately. As the colours you see depend on your computer monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

We have a store locator which is linked to a third party provider. We try to make the store locator as accurate as possible. However, HomeSense accepts no liability for any inaccuracies or mistakes made by the store locator.

The Privacy Notice governs the use of personal information provided by you at the Website. We collect other information through the Website and we may take your personal information and anonymise it, either by combining it with information about other individuals (aggregating the information) or by removing characteristics that make the information personal to you (de-personalising your information). The Privacy Notice does not apply to information that is not personal information and there are no restrictions under the Privacy Notice on our right to aggregate or de-personalise your personal information and use and share such information with third parties. Please view our Privacy Notice to learn about the measures we employ which are designed to help protect your credit and debit card information.

The Website, its Content, any information available on or through the Website and the software are provided "as is" and "as available" and without any representations or warranties of any kind, either express or implied, to the fullest extent permitted pursuant to applicable laws.

To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude, in relation to our Website:

• all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

• any liability for direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:

o loss of income or revenue;
o loss of business;
o loss of profits or contracts;
o loss of anticipated savings;
o loss of data;
o loss of goodwill;
o wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

HomeSense does not represent or warrant that your use of the Website, or the operation or function of the Website, any component thereof, or any services offered in connection therewith, will be uninterrupted or error free; that defects therewith will be corrected; or that the Website or its server are free of viruses or other harmful elements. HomeSense make 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 of the United Kingdom.

Nothing in these Terms of Use shall limit HomeSense'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.

These Terms of Use are governed by and shall be construed in accordance with the laws of England and Wales and disputes arising hereunder shall be subject to the non-exclusive jurisdiction of the English courts.

If you have any concerns about material which appears on our Website, please contact customerservice@myhomesense.com.

Or write to: HomeSense, c/o TJX UK 50 Clarendon Road, Watford, Hertfordshire WD17 1TX.

Thank you for visiting our Website.