TERMS AND CONDITIONS
HMV CANADA INC. (HMV CANADA)

GIFT CARD TERMS AND CONDITIONS

By using your Gift Card, you, and any subsequent person who acquires ownership of your Gift Card, agrees to and acknowledges receipt at the point of sale of the following terms and conditions, a copy of which is posted on hmv.ca (Agreement):

1.OWNERSHIP. Your ownership rights in your Gift Card are limited solely to the physical media comprising your Gift Card. HMV Canada retains all intellectual property rights and all other rights, title and interests in any word or design marks and any other information which may be displayed, incorporated, embedded or encoded in or on your Gift Card.

2.USE. Gift Cards are valid for both retail purchases of approved products and services available at HMV Canada retail stores and against downloads at hmvdigital.ca providing the HMV Gift Card has a PIN on the back. Gift Cards are not valid for corporate, government, education, mail order, direct or online purchases at hmv.ca and purehmv.ca. Gift Cards do not have any cash or surrender value and are not redeemable for cash. HMV Canada is not responsible for Gift Cards that are lost, stolen, destroyed, altered or used without permission. HMV Canada will not honor and has the right to take possession of and cancel any Gift Card that is unlawfully acquired or used.

3.ACCOUNT BALANCE. Gift Card account balances are denominated in Canadian dollars. Your Gift Card is valid until the account balance of your Gift Card is exhausted. To obtain your account balance, present your Gift Card at any HMV Canada retail store.

4.NO FEES/NO EXPIRY DATE. Gift Cards have no fees and no expiry date.

5.DISPUTE RESOLUTION. Subject to applicable laws: (a) any dispute arising out of this Agreement shall be arbitrated and finally resolved by a single arbitrator appointed pursuant to the laws and rules relating to commercial arbitration in the province or territory where you normally reside, and (b) you waive any and all rights that you may have to commence or participate in any class action against HMV Canada in respect of this Agreement. If you have a dispute that you wish to arbitrate, you must deliver in writing by registered mail to HMV Canada's head office address details of your claim together with a request for arbitration.

6.ENFORCEABILITY. If any term, condition or provision of this Agreement is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable it shall be severed from this Agreement and the remaining terms, conditions and provisions shall remain in full force and effect.

7.GOVERNING LAW. This Agreement shall be governed by the laws of the province or territory where you normally reside.

8.ENTIRE AGREEMENT. This Agreement is the entire agreement dealing with the subject matter set out herein.