Banana Republic Style Passport Sale and Rental Terms and Conditions

Last Revised: August 15th, 2019

Welcome to Banana Republic Style Passport at www.brstylepassport.com (the “Site”). The Site and the Banana Republic Style Passport monthly membership subscription program (the “Program”) available through the Site are owned and provided by Gap Inc. (“Gap Inc.,” “we,” “our,” or “us”). The following Sale and Rental Terms and Conditions (the “Banana Republic Style Passport Terms” or the “Terms”) are specific to the Site and Program and describe the terms and conditions on which you may purchase and rent clothing or accessories (“Products”) from us through the Program. These Terms constitute a binding agreement between you and Gap Inc., and along with the Gap Inc. Terms of Use and Privacy Policy (both of which are incorporated herein by reference), together govern your use of the Site and your participation in the Program (collectively, these Terms, the Gap Inc. Terms of Use, and the Privacy Policy constitute the “Agreement”). In the event of a conflict between these Terms and the Gap Inc. Terms of Use and/or the Privacy Policy, the terms and conditions of these Terms will govern.

YOUR USE OF THE SITE AND PARTICIPATION IN THE PROGRAM CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT, INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 9(B) TO RESOLVE DISPUTES WITH GAP INC. (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE THE SITE. IF YOU DO NOT AGREE TO THESE TERMS AND TO THE AGREEMENT, PLEASE DO NOT USE THE SITE OR PARTICIPATE IN THE PROGRAM.

1. THE PROGRAM

Banana Republic Style Passport is a monthly online retail and rental subscription service that allows you to access a wardrobe of fashions and try new trends and styles, without the pressure to purchase the pieces. Please see the Frequently Asked Questions (FAQs) for additional information regarding the Products and Program.

2. MEMBERSHIP PLAN

A. General Conditions

You may rent or purchase Products by subscribing to the Program (“Membership”). Once subscribed to a Membership, you will be entitled to rent up to a certain number of Products at a time from a range of Products designated on the Site (a “Membership Plan”). Subject to your compliance with the Agreement (including payment of Membership Fees), we do not impose limitations on the time period during which you may keep any Product we have sent to you through your Membership Plan.

While Products may be rented or purchased for use by individuals under 18 years of age, you must be 18 years of age or older to purchase a Membership Plan using a valid method of payment. By agreeing to this Agreement, you represent that you are 18 years of age or older and that you are authorized to use the chosen payment method for the purpose of purchasing or renting Products through a Membership Plan as described in this Agreement.

B. Your Account; Registration

You will be asked to create a new account in order to register for a Membership. In order to create an account, we will ask you to provide certain information, including an email address, phone number, Designated Payment Method, billing address, shipping address, and other requested information, and create a username and password (“Account Details”). When you create an account, you agree to only provide current, accurate and complete Account Details, to maintain the accuracy of the Account Details provided, and to be responsible for the security of your account. You also agree not to register an account on behalf of someone else, or to transfer your account. You are the only person authorized to access and use your account. You are entirely responsible for the confidentiality and security of your password and for anything that happens through your account – with or without your permission. You agree to notify Gap Inc. immediately if you suspect any unauthorized use of your account or access to your password. Gap Inc. is not responsible for any loss or activity that results from the unauthorized use of your account. We may suspend or terminate your account or access to the Site and Program at any time with or without notice to you if we suspect an unauthorized use of your account.

C. 30 Day Free Trial

Gap Inc. may, at its sole discretion, offer the opportunity to participate in the Program on a free trial basis for thirty (30) days (“30 Day Free Trial”) . The 30 Day Free Trial is subject to discontinuation at any time at Gap Inc.’s sole discretion. You must provide a valid, accepted method of payment (as such may be updated from time to time, “Designated Payment Method”) and have Internet access in order to register and participate in the 30 Day Free Trial. For new accounts that are eligible for a 30 Day Free Trial, the Designated Payment Method provided to Gap Inc. will, upon the first day of the 30 Day Free Trial, be authorized for the full Membership Fees payment associated with your Membership Plan. In some cases, your Designated Payment Method available balance or credit limit will be reduced to reflect the authorization; however, no charges will be made against your Designated Payment Method unless you do not cancel before the end of your 30 Day Free Trial period. While you can amend your Membership Plan during the 30 Day Free Trial, the modification will not apply until after the 30 Day Free Trial. AT THE END OF YOUR 30 DAY FREE TRIAL PERIOD GAP INC. OR OUR SERVICE PROVIDER OR THIRD PARTY PAYMENT PROCESSOR WILL AUTOMATICALLY CHARGE YOUR DESIGNATED PAYMENT METHOD FOR THE MEMBERSHIP FEES FOR THE NEXT BILLING PERIOD OF SERVICE. WE MAY, BUT ARE NOT ALWAYS REQUIRED TO, NOTIFY YOU BEFORE YOUR 30 DAY FREE TRIAL PERIOD ENDS THAT YOUR MEMBERSHIP PLAN SUBSCRIPTION AUTOMATICALLY RENEWS, AND OBTAIN YOUR CONSENT TO THE AUTOMATIC RENEWAL. WE WILL NOT NOTIFY YOU WHEN YOUR TRIAL PERIOD HAS ENDED. You can view the date your 30 Day Free Trial ends in the account section on the Site or by visiting www.brstylepassport.com/pages/account and looking in the Membership details section.

If you or another family member of your household has been a Banana Republic Style Passport member, or a Washington, D.C. resident, you are not eligible to participate in the 30 Day Free Trial. We consider your family household not eligible if your Designated Payment Method account, physical address or email address has been associated with another active Banana Republic Style Passport account prior to the day of account creation. Notwithstanding the foregoing, you may be eligible, at Banana Republic Style Passport’s sole discretion, to participate in other Gap Inc. free trial programs and promotions.

IF YOU CANCEL PRIOR TO THE END OF YOUR 30 DAY FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR DESIGNATED PAYMENT METHOD. See Section 1.H. below to learn more about cancellation. Gap Inc. reserves the right to cancel your 30 Day Free Trial if you, in Gap Inc.’s sole discretion, violate any of this Agreement or any applicable law, register and subscribe via deception, forgery, fraud, or commit any other abuse of the Banana Republic Style Passport 30 Day Free Trial program. Violations of this Agreement include, but are not limited to, creating duplicate accounts under another name, email, or address in order to obtain more than one 30 Day Free Trial.

D. Condition; Use of the Products

The Products will be professionally cleaned and delivered ready to wear. Gap Inc.’s service provider launders, dry cleans and inspects each Product with the utmost care, but use of the Product is at your own risk and Gap Inc. shall not be held liable for any health-related complaints associated with any Product.

You agree to treat the Products with great care. You are responsible for any loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, stuck zippers or other minor damage covered by the insurance you paid for with your Membership Fees for applicable Product(s). If you return a Product that is damaged beyond normal wear and tear, which determination shall be made at Gap Inc.’s sole discretion, then you agree that we shall charge you, and you shall pay for the price for repairing or replacing the Product, as determined in our sole discretion.

E. Membership Subscription Fees

Membership Fees. To purchase a Membership subscription, you will be charged a monthly fee ( the “Membership Fee(s)”) that will automatically renew, and you will be billed monthly at the then-current fee to your Designated Payment Method on file. The current Membership Fees and any other charges for the Program are posted on the Site. You agree to pay all Membership Fees and any applicable taxes incurred in connection with your Membership, at the rates in effect at the time the charges are incurred. Gap Inc. reserves the right to change the Membership Fees, or add new fees, upon prior notice to you by email.

Payment. By subscribing to a Membership and providing a Designated Payment Method, you agree and hereby authorize Gap Inc. or our service provider or third party payment processor to automatically charge your Designated Payment Method for the applicable Membership Fees, at the then-current Membership Fees subscription rate (including any taxes, as applicable), on a monthly recurring basis until you cancel. The Membership Fees includes shipping and limited insurance, covering minor mishaps but not significant damage, loss or theft. Membership Fees are non-refundable. You agree to provide us with a valid, authorized Designated Payment Method and accurate, complete and updated information required in the Membership subscription form. Currently the accepted Designated Payment Methods are Visa (including Gap branded Visa cards), MasterCard, American Express, and Discover cards. At present the Program does not accept Gap Inc. private label cards, gift cards, or reward certificates. If you fail to make payment of the Membership Fees, then Gap Inc., at its sole discretion, may terminate your Membership or suspend shipment of Products to you. Further, if you do not pay the amounts you owe to Gap Inc. when due, then Gap Inc. will need to institute collection procedures. You agree to pay Gap Inc.’s costs of collection, including without limitation reasonable attorneys’ fees, Gap Inc. will charge you.

Automatic Renewal Terms & Recurring Charges. by purchasing a Membership Plan subscription, you agree that your Designated Payment Method will automatically be charged by Gap Inc. (through its service provider and payment card processor) on a monthly basis until you cancel your Membership Plan subscription, until prohibited by applicable law, or until the Program is cancelled should that event occur. You hereby authorize Gap Inc. to automatically charge the Membership Fees to the Designated Payment Method on a monthly basis. If you revoke authorization to charge your Designated Payment Method, or if for any reason we are unable to process your Designated Payment Method at any time, we may immediately suspend or terminate your Membership Plan subscription or your participation in the Program.

F. Returns

With each shipment of Products we send you, we will include one Return Packaging (which will include prepaid postage), which you shall use to return all of the Products you currently have. When the Products you have in your possession have been returned or purchased in their entirety, we will send your next shipment, which will contain the number of Products specified in your Membership Plan, unless you have modified your Membership Plan. We will use commercially reasonable efforts to send you new Products promptly upon processing your return, but you acknowledge that as a result of processing and delivery, there will be a delay between your return of Products and receipt of a new Product. You agree to return any Product using the Return Packaging.

G. Changes to Membership; Termination

You acknowledge and agree that we may limit your particular Membership Plan, including but not limited to, restricting orders placed under your account, Designated Payment Method, or billing or shipping address. We reserve the right to limit, cancel or prohibit any Membership Plan or sale of Products for any reason in our sole discretion, including but not limited to availability and geographic concerns. We reserve the right to modify (including the Membership Fee) or terminate your Membership at our sole discretion without prior notice. We will not give any refund for termination related to conduct that, in our discretion, violates any terms set out in this Agreement, the Frequently Asked Questions (FAQ), or any applicable law. Immediately upon our termination of your Membership (unless another period is provided by us), you must return to us all Products you have received in connection with your Membership.

H. Cancellation of Membership

Your monthly Membership Plan subscription automatically renews and you will be billed monthly. To cancel your Membership, click on the link in your Membership receipt email or call us at 1-833-614-2259. There are no refunds to a Membership that has been cancelled by you. You acknowledge and agree that canceling your Membership Plan subscription will not impact any pending charges on your account which already were charged to your account. As soon as you cancel, you will not be eligible to receive any additional Products through the Program. You may continue to keep the Products you have already received through your Membership Plan’s then-current subscription period, but you must return to Gap Inc. all such Products on or before the last day of the applicable Membership Plan subscription period during which you cancel. If we don't receive the Product(s) on time, you will be charged up to 100% of the retail price of the Product(s). You will not be entitled to any refund on Membership Fees you have paid.

I. Remedy

YOUR SOLE AND EXCLUSIVE REMEDY AND GAP INC.'S SOLE AND EXCLUSIVE LIABILITY IN CONNECTION WITH A PRODUCT RENTED THROUGH THE PROGRAM SHALL BE FOR GAP INC. TO USE COMMERCIALLY REASONABLE EFFORTS TO REPLACE THE NON-CONFORMING PRODUCT IN A TIMELY MANNER. The foregoing remedy applies only to you and may not be assigned, sold or transferred to any third party.

J. Lost Items

We are not responsible for any items, including personal items, that are left in the Products and returned to Gap Inc. If you believe you have accidentally or otherwise sent us any such items, please contact customer service as soon as possible at support@brstylepassport.com or 1-833-614-2259. Our staff may assist in attempting to locate such items at your request, but are not obligated to and assume no liability for doing so.

3. SALES TERMS

A. General Conditions

You acknowledge and agree that only those Products designated by us on the Site as available for purchase are eligible for purchase by you. You further acknowledge that only persons with a Membership are eligible to purchase Products on the Site. UNLESS OTHERWISE INDICATED, THE PRODUCTS AVAILABLE FOR SALE MAY HAVE BEEN PREVIOUSLY USED BY OTHER CUSTOMERS AND ARE NOT NEW. ALL SALES ARE FINAL AND “AS IS.” All Products are sold on an “as is” basis, without any warranty whatsoever, and all Product sales are final and not eligible to be returned to Gap Inc. For more information on purchasing or returning a purchased Product, please review our Frequently Asked Questions (FAQ) page at support.brstylepassport.com

B. Purchase Price

The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges listed on the Site in connection with your purchase of the Products. Gap Inc. reserves the right to alter the Purchase Price, discounts, or availability of any particular item at its discretion and without notice. Upon your purchase order for a Product, you hereby authorize Gap (through its service provider and third party payment processor) to charge your Designated Payment Method for the Purchase Price. We will charge your Designated Payment Method the amount of the Purchase Price immediately upon your purchase order. Purchase Prices displayed on the Site do not include all state and local taxes, GST, fees, customs, duties, levies and other governmental assessments (collectively “Taxes”), which may be included and displayed at time of checkout on the Site, and shall be paid by you to Gap Inc. in connection with your purchase order. Unless otherwise indicated, all purchases are final and cannot be cancelled or returned.

4. YOUR RESPONSIBILITY

You acknowledge and agree that upon delivery of any Products from Gap Inc., YOU BEAR ALL RESPONSIBILITY FOR THE PRODUCT(S) INCLUDING SECURING PERSONAL RECEIPT OF THE PRODUCTS FROM THE AUTHORIZED MAIL CARRIER. You acknowledge that a Secure Shipping Address is highly recommended. A “Secure Shipping Address” means a location that you provide where you can physically and securely receive Product(s). Gap Inc. does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which Gap Inc. will not be liable. You will be liable for all such delivery delays and additional delivery fees.

5. SHIPPING AND RETURNS

All deliveries will be through Gap Inc.’s shipping partners, which may change from time to time at our sole discretion. The shipping method used will be at the discretion of Gap Inc. We will email you a tracking number that provides information about estimated delivery and arrival times of Products obtained through the Site. With delivery of Products through your Membership, we will provide you with a pre-paid, pre-addressed mailing envelope (as the case may be) as well as instructions for your use in returning the Products to Gap Inc. (“Return Packaging”). If you lose the Return Packaging, please contact us at 1-833-614-2259 or support@brstylepassport.com to request new Return Packaging.

6. BANANA REPUBLIC STYLE PASSPORT REFERRAL PROGRAM

A. General Conditions

In all matters relating to the administration of the Referral Program, the decisions of Gap Inc. shall be final. Gap Inc. reserves the right, at its sole discretion and without prior notice, to suspend, change or terminate the Referral Program, in whole or in part; to modify, limit or suspend the use of referral discounts in any respect; to modify or change redemption procedures, including the savings required for particular reward. In addition, Gap Inc. reserves the right to cancel your Credits (defined below) and/or your Referral Program participation, in Gap Inc.’s sole discretion, if you violate any of these terms and conditions or any applicable law, or if you earn the Referral via deception, forgery, fraud, or commit any other abuse of the Referral Program. Gap Inc. may make these changes even though the changes may affect the value of discounts already accumulated at any time. The current details and structure of the Referral Program can be found in our Frequently Asked Questions section.

B. Eligibility

The Banana Republic Style Passport Referral Program is open to all Referrals (as defined below) who reside in the U.S., are at least eighteen (18) years of age or older at the time of participation, and have not previously been a Banana Republic Style Passport Member. By joining and participating in the Banana Republic Style Passport Referral Program, you represent that you agree to these terms and conditions. Please note: if you cancel your Membership, you are no longer eligible to participate in the Referral Program.

C. How to Participate in the Referral Program

To participate in the Referral Program as a Referrer, you go to https://www.brstylepassport.com/pages/refer-a-friend and, using the format(s) provided, invite your friends, family, and colleagues (your “Referrals”) through sharing your personal referral link or sending a Banana Republic Style Passport generated email to join and subscribe to a Banana Republic Style Passport Membership at www.brstylepassport.com/pages/join (each, an “Invitation”). Only Referrals who have not previously held Banana Republic Style Passport Memberships as determined by Gap Inc. in its sole discretion: (a) qualify to use the discount code (the “Discount”) provided in your Invitation; and/or (b) will receive an email Invitation if you select the email Invitation format provided. The Invitation will identify you (including your email address) as the person who referred such Referral to Gap Inc., and will include a discount on the Referrals’ Membership (as provided in these Terms). In addition to utilizing email match, Gap Inc. reserves the right, and may employ other techniques, to confirm that your Referral has not previously been a Banana Republic Style Passport Member.

D. Expiration Periods

The Invitation and Discount will expire one (1) year after the date the Invitation is sent. Invitations communicated on social media may remain up on social media, however, the Discount may expire and/or change at any time in Gap Inc.’s sole discretion. In order for Referrals to redeem the Discount, Referrals must click the link sent to such Referral from his/her Referrer and make a purchase at Banana Republic Style Passport, and the discount will be automatically applied at checkout. Once a Referral joins Banana Republic Style Passport and remains a member for thirty (30) days at www.brstylepassport.com, the Referrer will be notified that the Referral joined. Provided the Referral does not cancel within thirty (30) days of purchase, the Referrer will receive a subscription credit (the “Credit”) at www.brstylepassport.com that is applied to the Referrer’s Membership Fee. The Discount and Invitation provided to your Referral may expire and/or change at any time in Gap Inc.’s sole discretion.

E. Banana Republic Style Passport Credit and Other Incentives

Credits are not transferable and may not be assigned, auctioned, traded, bartered or sold. Gap Inc. reserves the right to revoke and/or modify Credits if it determines, in its sole discretion, that you have engaged in fraudulent referring activity (e.g. using spam to obtain referrals, or acquiring referrals through unsolicited email to persons unknown to you). You cannot earn a Credit for referring yourself. Credit will not be earned for a friend who was previously a member of Banana Republic Style Passport under any email address or alias. Gap Inc. reserves the right to limit the maximum number of Credits that may be applied to your account. Gap Inc. may, from time to time, offer customers complimentary bonuses, gifts, or partner promotions. Any such promotions are at the sole discretion of Gap Inc., and, together with any other programs or promotions, are not guaranteed under these Terms. Credit(s) received by Referrers may not be redeemed on the following: sales tax, shipping, or purchase of Products. Gap Inc. may add or delete non-qualifying items in Gap Inc.’s sole and absolute discretion. Credits and Discounts have no cash value and are nontransferable. Lost, stolen or destroyed Credits and Discounts will not be replaced. Gap Inc. is not responsible for communication errors, including distribution of Credits and/or Discounts, due to a change of email address or other changes in contact information. Other restrictions or exclusions may apply.

F. Marketing

The information you provide as a member of the Referral Program will be managed by Gap Inc. as described in our Privacy Policy. By participating in the Referral Program, you agree to receive advertising, marketing materials and other communications from Gap Inc. You may opt out of receiving these emails at any time by clicking on the opt out button on the bottom of any of the emails and following the instructions.

7. BANANA REPUBLIC GIFTING PROGRAM

The following Gifting Terms and Conditions (the “Gifting Terms”) apply to the purchase, use and redemption of Banana Republic Style Passport electronic-only “digital” gift memberships (collectively, “Gift Memberships”). These Gifting Terms constitute a binding agreement between you and Gap Inc., and along with the Banana Republic Style Passport Sale and Rental Terms and Conditions, the Gap Inc. Terms of Use and Privacy Policy (all of which are incorporated herein by reference), together govern your purchase, use and redemption of Gift Memberships (collectively, these Gifting Terms, the Banana Republic Style Passport Sale and Rental Terms and Conditions, the Gap Inc. Terms of Use, and the Privacy Policy constitute the “Agreement”). Purchase and use of a Gift Membership constitutes acceptance of this Agreement.

A. Redemption and Use

Gift Memberships may only be purchased online at www.brstylepassport.com. Gift Memberships are redeemable only by eligible prospective and current Members, as determined at Gap Inc.’s sole discretion. Further, Gap Inc. reserves the right, at its sole discretion and without prior notice, to suspend, change or terminate the gifting program, in whole or in part; to modify, limit or suspend the redemption and use of Gift Memberships in any respect; and to modify or change redemption procedures.

A Gift Membership may only be used towards the monthly Membership Fee and cannot be used to purchase Products or other Gift Memberships. When purchasing a Gift Membership, you will be asked to provide certain personal information of the gift recipient, including the gift recipient’s name and email address. By providing the foregoing information, you thereby give us permission to contact the gift recipient in connection with the Gift Membership. You also give us permission to provide your name to the gift recipient as the purchaser of the gift. The Gift Membership redemption codenumber will be delivered to the gift recipient’s email address that the gift purchaser provides at the time of purchase of the Gift Membership. The gift purchaser is responsible for providing an accurate and deliverable gift recipient email address. The gift recipient will usually receive the Gift Membership via email within twenty-four (24) hours, or on the delivery date the gift purchaser chooses, which delivery date must occur within ninety (90) days from the purchase date. In addition, when redeeming a Gift Membership, you will be asked to create an account in order to sign up for the Gift Membership and to provide certain information, including an email address, phone number, a valid and accepted method of payment (“Designated Payment Method”), billing address, shipping address, and other requested information, and create a username and password for yourself as the gift recipient. When a Gift Membership is redeemed and activated, the total value of the Membership Fee (including sales tax) will be deducted from the currently available Gift Membership balance and the gift subscription will begin. Once redeemed, the Gift Membership will expire on the date designated in the Gift Membership email notification. Gift Memberships cannot be paused.

Automatic Renewal Terms & Recurring Charges

At the end of the Gift Membership term, you will automatically be charged the applicable Membership Fee (plus applicable taxes) and thereafter the then-current Membership Fee (plus applicable taxes) will automatically renew and you will be charged the then-current Membership Fee (plus applicable taxes) monthly unless you cancel your Membership prior to the expiration of your Gift Membership, or later cancel your Membership in accordance with the instructions set forth in the Banana Republic Style Passport Sale and Rental Terms and Conditions or via the online or email mechanisms provided by Gap Inc. You hereby authorize Gap Inc. (though its service provider and payment card processor) to automatically charge the Membership Fee to the Designated Payment Method on a monthly basis after the end of the Gift Membership term. See Section D. below to learn more about cancellation. GAP INC. MAY, BUT IS NOT ALWAYS REQUIRED TO, NOTIFY YOU BEFORE YOUR GIFT MEMBERSHIP PERIOD ENDS THAT YOUR MEMBERSHIP SUBSCRIPTION AUTOMATICALLY RENEWS, AND OBTAIN YOUR CONSENT TO THE AUTOMATIC RENEWAL.

B. Expiration and Fees

There is no expiration date for the gift recipient to activate the Gift Membership and the Gift Membership is not subject to any activation fee to be paid by the gift recipient.

Gift Memberships are final and not redeemable, transferable, or exchangeable for cash or any value (except as required by law). Gift Memberships cannot be reloaded and are not refundable.

C. Lost, Stolen, or Damaged Gift Membership; Unauthorized Use

You should treat your Gift Membership like cash and protect it accordingly. Title to and risk of loss for Gift Memberships passes to the gift recipient upon sale to the gift purchaser. Gap Inc. reserves the right to refuse to accept Gift Memberships redemption codes that Gap Inc. believes were fraudulently obtained.

Gap Inc. is not responsible if a Gift Membership is lost, stolen, destroyed, damaged, or used without permission; however, Gift Membership may be replaced, at Gap Inc.’s sole discretion,. Gift Memberships will be replaced if lost, stolen or damaged only with proof of purchase and only for the value shown on Gap Inc.’s records. Gap Inc. is not responsible if your Gift Membership is redeemed or used without your permission.

D. Cancellation of Membership

To cancel your Gift Membership, click on the link in your Gift Membership receipt email or call us at 1-833-614-2259. To submit a cancellation request, please email us at support@brstylepassport.com or call us at 1-833-614-2259 Monday-Friday 9:00 AM to 5:00 PM ET.If you cancel the Gift Membership prior to expiration of the Gift Membership, your Membership account will expire at the end of the Gift Membership term and your account will be deactivated. After your cancellation request, you will be able to continue to keep the Products you have already received through the remainder of your Gift Membership term, but you must return to Gap Inc. all such Products on or before the last day of your Gift Membership term. If Gap Inc. does not receive the Product(s) on time, you will be charged up to 100% of the retail price of the Product(s). When the Gift Membership term expires, your cancellation will take effect and you will no longer be able to participate in the Program, unless you purchase a new Membership.

For assistance with a Gift Membership, please reach out to Banana Republic Style Passport customer service at support@brstylepassport.com or call 1-833-614-2259.

8. PERSONAL INFORMATION SUBMITTED THROUGH SITE; COMMUNICATIONS

Your submission of personal information through the Site is governed by the Privacy Policy. As a participant in the Program and Membership subscriber, you consent to and will periodically receive emails, calls, and direct mail regarding your Membership subscription, including without limitation for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls at any of the telephone numbers provided by you. Standard data rates charged by your mobile carrier may apply to the telephone calls. Additionally, you may receive information by email regarding discounts, promotions, updates, and new products and services pertaining to the Program and other products and services from Gap Inc., its subsidiaries, affiliates, and partners. From time to time, you may decide to invite a Referral. By inviting a Referral, you agree that you have a personal relationship with the Referral and you are giving us consent to contact the person, including by email, concerning the Banana Republic Style Passport. The contact information, including email address, that you provide to us for the Referral must be accurate and functioning for purposes of allowing us to contact him or her with the Discount and with information regarding the Banana Republic Style Passport. We will not be responsible for validating the Referral’s contact information you provide and are not responsible for Discounts that are undeliverable or not received due to your failure to enter accurate contact information, including email address, for the recipient. We may elect NOT to communicate with any e-mail address if it appears to be on any of our "do not contact" or "do not e-mail" lists, but are not required to make such an election. Referrals may receive emails regarding the Banana Republic Style Passport, including to confirm the information pertaining to the Discount. If you would like to change your email preferences, you may do so as indicated in the Privacy Policy.

9. CONTACT US

You can contact us by phone or email from Monday - Friday 9:00AM ET - 5:00PM ET.

Phone: 1-833-614-2259

Email: support@brstylepassport.com

10. LEGAL/MISCELLANEOUS

A. General Conditions

Gap Inc. reserves the right to modify the Products available in and the terms applicable to a Membership Plan at any time with or without notice, as well as reserves the right to cancel this Program at any time with or without notice. As stated above, the Gap Inc. Terms of Use and the Privacy Policy are incorporated herein. Please refer to the Gap Inc. Terms of Use and the Privacy Policy for additional applicable terms pertaining to legal and miscellaneous matters, including, without limitation, Indemnification and Termination.

B. Dispute Resolution and Arbitration Agreement

Informal Dispute Resolution.

Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Gap Inc. agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, 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 Inc. at: Gap Inc. Legal Department, 2 Folsom Street, San Francisco, CA 94105, Attn: General Counsel, or
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.

Both you and Gap Inc. agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Arbitration Agreement.

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and Gap Inc. expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.

You may begin an arbitration proceeding by sending a letter requesting arbitration to:

Gap Inc.
Attn: General Counsel
2 Folsom Street
San Francisco, CA 94105

You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Gap Inc. will reimburse those fees for claims totaling less than $10,000. Gap Inc. waives its right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

In lieu of arbitration, either you or Gap Inc. may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.

Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other member. You and Gap Inc. agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Gap Inc. hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Site ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.