TERMS AND CONDITIONS

Please review the following rules that govern the use of this website (“this Website”) before using it. PLEASE NOTE THAT YOUR USE OF THIS WEBSITE SIGNIFIES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS.

Although you may bypass this Agreement, your use of this Website still binds you to the Terms and Conditions. We reserve the right to update or modify these Terms and Conditions at any time without prior notice to you, and your subsequent use of this Website signifies your unconditional agreement to follow and be bound by the then-current Terms and Conditions. We encourage you to review these Terms and Conditions whenever you use this Website.

OWNERSHIP, COPYRIGHT AND TRADEMARK
“The Brick Group” as used herein includes The Brick Group Income Fund, The Brick Trust, The Brick Warehouse LP (including its general partner), United Furniture Warehouse LP (including its general partner), Home Show Canada (a division of The Brick Warehouse LP), Sleep Better (a division of The Brick Warehouse LP), Trans Global Warranty Corp., Trans Global Life Insurance Company, Trans Global Insurance Company and Trans Global Distribution (a division of The Brick Warehouse LP).
This Website is operated by and is the property of The Brick Group. The domain name, trademarks, trade names, copyright and other intellectual property of thebrickgroup.ca, thebrick.com, bid.com, unitedfurniturewarehouse.com, homeshowcanada.com, sleepbetter.ca (collectively the “websites”) and The Brick® are owned by The Brick Group, its subsidiaries or affiliates.

The Brick Group expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Website. Access to this Website does not confer, nor shall such access be considered as conferring, upon anyone any license under any of these intellectual property rights. Access to this Website does not authorize anyone to use any of The Brick Group's name, logo, mark or any other intellectual property in any manner.
HSBC Retail Services Limited and CitiFinancial Canada, Inc. are the underwriters of the Brick Card, United Furniture Warehouse Card, Home Show Canada Card and Sleep Better Card (any one of which, a “Credit Card”). [HSBC Retail Services Limited is a subsidiary of HSBC Finance Corporation, a foreign bank that is not regulated in Canada as a financial institution, a bank holding company or an insurance holding company. However, HSBC Bank Canada and HSBC Bank USA are regulated in Canada as a bank and an authorized foreign bank, respectively.]

The Brick Group's Fulfillment System means The Brick Group's software commonly called the 'Brick Retail System', its warehouses, logistics, procedures and know-how, and other assets that establish and maintain its ability to acquire, deliver, and warehouse the products it sells.

The Brick Group's Payment System means custom point of sale system and its methods, procedures and technology used to fund consumer sales as currently used in its retail business in Canada.


USE OF WEBSITE
This Website and all its contents are intended solely for personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on this Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, this Website or any related software. The content and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Website is strictly prohibited.

The Brick Group reserves the right to limit quantities, refuse orders, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if The Brick Group believes that customer conduct violates applicable law or is harmful to the interests of The Brick Group or any third parties. All sizes quoted are approximate.


DELIVERY POLICY
The delivery policy outlined on this Website applies to addresses located in Canada only. The Brick Group reserves the right to use third party carriers at its sole discretion and without notice to the customer. If products are purchased for delivery outside of Canada, the customer must make their own delivery arrangements. Some items shown may require assembly. Currently, Sleep Better purchases and delivery are only available in certain parts of Ontario.

ACCESS
In its sole discretion, in addition to any other rights or remedies available to The Brick Group and without any liability whatsoever, The Brick Group at any time and without notice may terminate or restrict your access to any component of this Website.


COLOURS OF PRODUCTS
We have made every effort to display as accurately as possible the colors of products that appear on this Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.


PRICING AND CREDIT
All references to dollars and cents on this Website are in Canadian dollars. Prices posted on this Website may differ from those posted in stores owned and operated or franchised by The Brick Group.
For all of the 'Do not Pay' offers O.A.C. only on your Credit Card, any delivery charges, applicable taxes, and administration fees are payable at the time of purchase. The remaining balance is due at the end of the no interest period. Please refer to your Credit Card Account Holder Application and Agreement for details relating to use of the Credit Card.

Some restrictions and conditions apply to all offers. Please call 1-800-97-BRICK for complete details or visit any location of The Brick Group.

The Brick Group offers limited-time sales values, special buys and items. Due to competitive market pressures, prices are subject to change. The Brick Group reserves the right to correct, at any time, any pricing errors and to refuse to complete a sale that is the subject of a pricing error. The Brick Group charges provincial sales tax in every province as applicable to avoid the need for customers to conduct a self assessment as required by Provincial governments.


RETURNS AND EXCHANGES
All returns and product exchanges of new, unused products must be processed at a Brick Group store. Simply return the product, in its original condition and packaging, with the official sales receipt you received with your purchase. For warranty claims, please see the section of entitled "Product Warranties". If you require more information or require assistance with a return or exchange, please call Customer Service at 1-800-97-BRICK or send an email to csreast@thebrick.com if you purchased in Ontario with the exception of Thunder Bay and area. All other areas of the country may be contacted at csrwest@thebrick.com.


PRODUCT WARRANTIES
Please refer to the Product Warranty section on this website for information on product warranties.


ADDITIONAL TERMS
Additional terms may apply to purchases of products and services offered on this Website. Please refer to your sales contract at the time of purchase.


PRIVACY POLICY
You have read the Privacy Policy of The Brick Group, the terms of which appear on this Website and are incorporated into these Terms and Conditions. You agree that the terms of such policy are reasonable. You consent to the use of your personal information by The Brick Group in accordance with the terms of and for the purposes set forth in The Brick Group Privacy Policy.


LIABILITY DISCLAIMER
Except as explicitly provided in the foregoing paragraphs, The Brick Group makes no representations or warranties of any kind, express or implied, regarding the websites and/or any materials provided on the websites, all of which are provided on an "as is" and "as available" basis. The Brick Group does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the websites, or any of the content or data found on the websites, and expressly disclaims all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

The Brick Group is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

The Brick Group assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on the websites or your downloading of any materials, data, text, images, video or audio from the websites. In no event shall The Brick Group be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the websites or content found herein, any failure or delay (including, but not limited to the use of or inability to use any component of the websites for purchases), of the performance or non performance by The Brick Group, even if The Brick Group has been advised of the possibility of damages by such parties or any other party.


INDEMNIFICATION
You shall indemnify and save harmless The Brick Group and its officers, directors, trustees, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the websites.


GOVERNING LAW
This Agreement and its performance shall be governed by the laws of the Province of Alberta, Canada. You consent and submit to the exclusive jurisdiction of the courts and administrative tribunals, as the case may be, located in the City of Edmonton, in the Province of Alberta, Canada, in all disputes arising out of or relating to the use of the websites and these Terms and Conditions.


SEVERABILITY
These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.


HEADINGS
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.


ENTIRE AGREEMENT
These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing, or by The Brick Group making such amendments or modifications available to it pursuant to the Terms and Conditions.