GapASAP
Canada Mobile Text Alerts Terms & Privacy Policy (“Terms”)
To sign up for Gap mobile text alerts (the “Program”), either text GAP to 36888, or sign up through the website.

Standard message and data rates may apply. By signing up for the Program through either method, you are consenting to these Terms and to receive ongoing recurring marketing text messages each calendar week to the mobile number provided which are from Gap at 13153 Coleraine Dr, Bolton, ON L7E 3B6, Canada, 1-800-427-7895
Upon your request to sign-up to the Program, you will receive two (2) text messages as part of the process confirming your desire to opt-into the Program (first an opt-in request message, and once you have replied “Y” you will receive a sign-up confirmation message). As part of the ongoing Program, you will receive periodic recurring text messages each week which may contain exclusive offers, product updates, promotional advertising or offers, or other similar content, as well as a periodic reminder of your right to opt-out of the Program.

Your sign up to the Program represents that you have given your accurate phone number and that you have authority to consent to receive text messages at that phone number. In the event that you change, deactivate, or relinquish your phone number it is your responsibility to opt-out from the Program prior to to any such change, deactivation, or relinquishment. Your failure to unsubscribe your phone number from the Program for any of those reasons constitutes your material breach of these Program terms.

The carriers supported by this Program include Bell Mobility, Aliant, NorthernTel, Telebec, Rogers Wireless, Videotron, Fido, Telus Mobility, MTS Mobility, SaskTel Mobility, Virgin Mobile, Wind Mobile, Moblicity, Public Mobile, Eastlink Wireless, but Gap may add or remove any carriers from this Program with or without notice. Also, the Program may not be available on all carriers.

View our Privacy Policy by visiting: www.gapcanada.ca/privacy
DISPUTE RESOLUTION

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW MANDATORY ARBITRATION OR WAIVERS OF YOUR RIGHT TO BRING AN ACTION IN COURT. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Please read this carefully. It affects your rights.

Any dispute or claim relating in any way to your involvement in the Program will be resolved by binding arbitration, rather than court.
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Gap Canada agree to the following dispute resolution procedure: Except to the extent prohibited by applicable law, in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Programs, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent

(1) to Gap Canada at: 60 Bloor Street West, Suite 1501, Toronto, Ontario M4W 3B8, with a copy to: Gap Inc. Legal Department, 2 Folsom Street, San Francisco, CA 94105, USA, Attn: General Counsel, or (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.

To the maximum extent permitted by law, both you and Gap Canada agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Additional Contract Terms

Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GAP CANADA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE PROGRAMS; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE PROGRAMS OR ANY WEBSITE OR WEBSITES LINKED TO THE PROGRAMS, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PROGRAMS; (D) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE PROGRAMS; OR (F) ANY OTHER MATTER RELATING TO THE PROGRAMS. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE PROGRAMS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PROGRAMS, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE PROGRAMS.

Indemnification

You agree to defend, indemnify and hold Gap Canada and its affiliates and each of their respective officers, directors, employees, shareholders, agents and representatives harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Programs and/or your breach of any representation, warranty, condition or other provision of the Agreement.

Choice of Law and Jurisdiction

To the maximum extent permitted by law, this Agreement shall be construed in accordance with the laws of Ontario and Canada, as applicable therein, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the Superior Court of Justice or Federal Court of Canada residing in Toronto, Ontario.

General

The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Gap Canada's right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Programs. Gap Canada may assign its rights and obligations under the Agreement. The Agreement will inure to the benefit of Gap Canada’s successors, assigns and licensees.

Termination

These terms are effective unless and until terminated by either you or Gap Inc. Gap Canada also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Programs, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes

Changes to Terms

These terms and conditions are subject to change at any time without notice.