1. Acceptance of Terms
2. Use and Restrictions
This Site is intended for access and use by persons with legal capacity under applicable laws and is not intended for use by minors, or other individuals otherwise barred by law from such access and use.
You further agree that you will not:
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Site are proprietary to lululemon or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of lululemon, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws. For the avoidance of doubt, regardless of whether these have been applied for or registered in Australia as trademarks or any types of intellectual property rights, and regardless of whether these are specifically and statutorily protected under the applicable laws and regulations, to the maximum extent permitted and available by the applicable laws and regulations, the Marks and lululemon’s any rights and interest therein are protected and respected, and you shall not infringe the Marks and lululemon’s right and interest therein.
In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of lululemon or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of lululemon.
5. Copyright and Trademark Infringements
lululemon respects the intellectual property rights of others, and we ask you to do the same. lululemon may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site for users who infringe the intellectual property rights of others.
Please also note that for copyright infringements, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability, to the extent permitted by applicable laws.
6. Your Account
If you purchase products or services through your account using the Site, you must establish an account with lululemon. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Site that occur under your account or your account password.
You agree to immediately notify lululemon of any unauthorized use of your password or account or any other breach of security by contacting us using the contact details at the end of these Terms. To the extent permitted by applicable laws, we have the right to disable any account or password at any time, for any reason.
7. Electronic Communications
In accordance with applicable laws, and where you agree, we may send you electronic communications in the form of email and/or SMS at the email address and/or mobile number nominated by you. You may opt-out of receiving these communications at any time using the instructions set out in the communication. Please note that it may take up to 5 business days for your request to be processed. If you opt-out, you may still receive communications from lululemon about your account or any services you have asked to receive from lululemon. You acknowledge and agree that any electronic communication in the form of such email, SMS or posting on the Site shall satisfy any legal requirement that such communication be in writing.
For the avoidance of doubt, to the maximum extent permitted by the applicable laws, you acknowledge and agree that, your and lululemon’s rights and obligations in respect of the Submission, the License and Personal Rights are subject to the laws of New South Wales, regardless of your residence or location, or where those are created or published.
You represent and warrant that: (i) you own all Submissions posted by you on or through the Site or otherwise have the right to grant the Licenses to lululemon set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Site does not violate any applicable privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the Site.
This list of prohibitions provides examples and is not complete or exclusive.
To the extent permitted by applicable laws, if you engage in any of the prohibited misconduct listed above, lululemon reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Site and (c) refuse, delete, modify, edit or remove any Submissions or for any action that lululemon determines is inappropriate or disruptive to this Site or to any other user of the Site. In such case, lululemon shall take reasonable steps to notify you of such facts prior to the action, or if prior notice is not possible due to the urgency, as practically early as possible.
lululemon takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter in those Submissions. As a provider of interactive services, lululemon is only a forum and, to the maximum extent permitted by applicable laws, is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.
The foregoing prohibitions do not require lululemon to monitor, police or remove any Submissions or other information submitted by you or any other user.
lululemon prohibits crawling, scraping, caching or otherwise accessing any content on the Site via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with lululemon's express consent).
It is lululemon's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. Accordingly, lululemon does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you agree that lululemon is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Any Content offered or posted on the Site is subject to modification or discontinuation at any time and from time to time. lululemon notifies you of such modification and discontinuation via its website or (if such modification and discontinuation materially influence you and/or your interest), via email/mobile messages.
Without limiting the foregoing, lululemon reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Site. Where we decide to impose fees for a product, service of Content you are currently using that we previously made available without charge, we will provide you with prior notice of the change. Continued use after notification will be taken as consent to the new fees.
11. Links to Third Party Websites
The Site may contain links to websites and other resources operated by third parties other than lululemon. Such links are provided solely as a convenience to you. lululemon does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
12. Linking to the Site
13. Viruses, Hacking and Other Offences
You must not misuse our Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial or service attack or distributed denial or service attack. We will report any such breach by you to the relevant law enforcements authorities and we will co-operate with those authorities. In the event of such a breach, your right to use our Site will cease immediately, and we will notify such fact to you prior to this suspension, or as practically early as possible.
You acknowledge and agree that we 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.
14. Warranties and Disclaimer
THE SITE, SUBMISSIONS AND ANY CONTENT PROVIDED VIA THE SITE INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS , LULULEMON DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, SUBMISSIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, AND TO THE EXTENT PERMITTED BY APPLICABLE LAWS, LULULEMON DOES NOT REPRESENT OR WARRANT THAT THE SITE, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF GUARANTEES, CONDITIONS, WARRANTIES OR TERMS IMPLIED OR IMPOSED BY ANY APPLICABLE LAW. AS A RESULT, IF YOU ARE IN AUSTRALIA NOT ALL OF THE ABOVE LIMITATIONS WILL NECESSARILY APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAW WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED. IF A GUARANTEE, CONDITION, WARRANTY OR TERM IS IMPLIED OR IMPOSED IN RELATION TO THESE TERMS (A NON-EXCLUDABLE PROVISION) AND WE ARE ABLE TO LIMIT YOUR REMEDY FOR BREACH OF SUCH NON-EXCLUDABLE PROVISION, THEN OUR LIABILITY FOR A BREACH OF A NON-EXCLUDABLE PROVISION IS LIMITED TO ONE OR MORE OF THE FOLLOWING, AT OUR SOLE OPTION:
Regardless of your residence, or place where goods or services are purchased, to the maximum extent permitted by the applicable laws, your legal rights related to those goods or services are governed by the laws of New South Wales.
WHILE LULULEMON TAKES REASONABLE STEPS TO ENSURE WHAT YOU SEE ON THE SITE IS ACCURATE, DESPITE THIS THE SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT ALWAYS BE COMPLETE OR CURRENT. LULULEMON THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAWS, LULULEMON RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION.
15. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, LULULEMON AND ITS PARENT, RELATED COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE, UNLESS SUCH LOSS OR DAMAGES ARE CAUSED DIRECTLY BY LULULEMON’S FRAUD, RECKLESSNESS, GROSS NEGLIGENCE OR NEGLIGENCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
16. Governing Law
18. No Partnership
19. Entire Agreement
Questions or Concerns
If you have any concerns about material which appears on the Site, please contact us by emailing us at: GEC@LULULEMON.CO.AU or by writing to us at:
30 Rupert Street
Collingwood VIC 3066