For the purposes of these Terms, “Content” means collectively any text, images, graphics, software, source code, Apps, specifications, audio files, videos, articles, trademarks, logos, and other information or content made available through the Platform that are not Submissions (as that term is defined below), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such content.
These Terms contain the following terms and conditions sections:
1. Acceptance of Terms
2. Use and Restrictions
The Platform 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 agree not to:
When using the Platform, you may not:
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Platform 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, 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 any of lululemon’s 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 using the Platform (in accordance with the Terms of Sale available on the Site), you may be prompted to establish an account with lululemon and at your discretion may choose to do so. 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 Platform that occur under your account or your account password.
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 five (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 Platform shall satisfy any legal requirement that such communication be in writing.
For the avoidance of doubt, to the maximum extent permitted by 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 the state of Victoria, 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 Platform or otherwise have the right to grant the Licenses to lululemon set forth in this section; (ii) your Submission is accurate and not misleading; and (iii) the posting of your Submissions on or through the Platform 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 Platform.
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 Platform (or the services); and (c) refuse, delete, modify, edit or remove any Submissions, with or without cause and with or without notice, for any reason or no reason, or for any action that lululemon determines is inappropriate or disruptive to the Platform or to any other user of the Platform and/or services. 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 Platform 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 Platform. Where we decide to impose fees for a product, service, or 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.
To the extent permitted by applicable laws, you agree to defend, indemnify and hold harmless lululemon, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, and expenses (including attorney’s fees) as a result of (i) your Submission or your access to or use of the Platform; (ii) your breach or alleged breach of the Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. This means that you will, to the maximum extent permitted by applicable laws, be responsible for any loss or damage that we suffer as a result of your breach of the Terms.
11. Links to Third-Party Websites
The Platform may contain links to websites, widgets, Marks, and other resources owned, controlled, operated or otherwise provisioned by third parties other than lululemon or its affiliates (collectively “Third-Party Sites”). Access to Third-Party Sites is provided solely as a convenience to you. lululemon does not control Third-Party Sites and is not responsible for the content, products, services or information offered or collected by any such third parties. The inclusion of Third-Party Sites on the Platform does not imply lululemon’s endorsement of the content, products, services, or information 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
You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the home page. The website from which you are linking must comply in all respects with the Terms. We reserve the right to withdraw linking permission without notice at our sole discretion.
13. Warranties and Disclaimer
AS A CONDITION OF YOUR USE OF THE PLATFORM, YOU WARRANT TO LULULEMON THAT YOU WILL NOT USE THE PLATFORM FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THE TERMS.
THE SITE, APPS, SUBMISSIONS AND ANY CONTENT PROVIDED VIA THE PLATFORM, 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, APPS, SUBMISSIONS, 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, APPS, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE PLATFORM IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE.
lululemon 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 Platform or to your downloading of any material posted on it, or on any website linked to it.
IN ADDITION, THE PLATFORM MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT 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 AVAILABILTY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LULULEMON RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, LULULEMON MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, LULULEMON WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASES.
Minor differences in color and other variations in products are possible as a result of different image acquisition, display technologies or other technical reasons. lululemon is not liable for these variants and deviations.
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 the state of Victoria.
Nothing in the Terms shall affect your legal rights under applicable consumer laws.
14. 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 OR APPS, 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.
15. Governing Law
17. No Partnership
You agree that no joint venture, partnership, employment, or agency relationship exists between you and lululemon as a result of the Terms or any use of the Platform. lululemon's performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of lululemon's right to comply with law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by lululemon with respect to such use.
18. Entire Agreement
The Terms constitute the entire agreement between you and lululemon with respect to the Platform, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and lululemon with respect to the Platform.
Questions or Concerns
If you have any concerns about material which appears on the Platform, please contact us by emailing us at: [email protected] or by writing to us at:
Collingwood VIC 3066
B. GIFT CARD TERMS AND CONDITIONS
These Gift Card Terms and Conditions (the “Gift Card Terms”) apply to all lululemon physical and electronic gift cards (“eGift Cards”), including all lululemon trade-in, credit, or promotional physical and eGift Cards (each a “Gift Card” or collectively “Gift Cards”) purchased, used, loaded, obtained, or otherwise redeemed (collectively “Used”) by you.
In these Gift Card Terms, “you” and “your” means the cardholder who Uses a Gift Card. “Online” means lululemon ecommerce domains, such as lululemon.com, lululemon.com.au, lululemon.co.nz, lululemon.com.hk, lululemon.co.uk, eu.lululemon.com, lululemon.fr, and the Apps. “Stores” means lululemon-owned and operated retail stores.
For balance inquiries, please contact us or ask an educator in-Store to check your balance.
Gift Cards are available for purchase in Stores, Online, and at various other authorized retailers. Gift Cards have no value until activated. lululemon reserves the right to suspend or delay activation until payment has been cleared.
It is your responsibility to obtain a receipt for Gift Card purchases and to ensure that the card number listed on the receipt corresponds to the card number printed on the Gift Card.
Gift Cards are only valid if purchased from Stores, Online, or an authorized third-party distributor. A Gift Card is neither valid nor acceptable, and we will not be held liable, if it is obtained from unauthorized sellers or resellers, including Internet auction sites.
Gift Cards can only be redeemed in Stores and Online. Gift Cards cannot be used at other retailers (shop-in-shops), such as Harrods or Brown Thomas, or franchises, or with our wholesale partners (for example, fitness studios).
If you are purchasing a Gift Card from an authorized third-party retailer, redemption may be restricted to Stores in Australia and lululemon.com.au. It is your responsibility to review any additional terms and conditions at the time of purchase.
When you use the Gift Card to make a purchase, the amount available on the Gift Card is reduced by the purchase amount, and each subsequent purchase is deducted from the balance. The use of your Gift Card for purchases is a demand for and withdrawal from the remaining value on your Gift Card. The balance will remain on the Gift Card until it is decreased to zero. You must have sufficient available funds on a Gift Card to make any purchase or pay any difference between the available funds and the purchase amount in cash or by credit card, or in a form acceptable to lululemon.
You do not have the authority to halt a purchase initiated with your Gift Card, and you are liable for any such transaction. lululemon reserves the right to refuse a Gift Card or limit the ability to use if lululemon has reason to believe that the Use is unauthorized, fraudulent, or otherwise illegal.
Subject to the Returns Policy, all returns for purchases made with a lululemon Gift Card will result in a credit to a Gift Card or issuance of a new Gift Card in the amount of the returned item. If multiple payment methods were used for the purchase, the portion paid for with a lululemon Gift Card will be refunded accordingly.
4. RISK OF LOSS
The risk of loss and title for Gift Cards passes to the purchaser upon sale, upon lululemon’s electronic transmission of the Gift Card to the purchaser or designated recipient, or lululemon’s delivery to the carrier, whichever is applicable.
You are responsible for safeguarding your Gift Card from unauthorized use. lululemon is not responsible if any Gift Card is lost, stolen, or destroyed or if your Gift Card is used without your permission. lululemon will not replace or replenish Gift Cards that are lost, stolen, or used without authorization.
5. EXPIRATION OF GIFT CARDS.
Gift Cards never expire or accrue fees.
6. VIOLATION OF THESE TERMS; SUSPENSION; FRAUD
7. COMPLIANCE WITH LAWS
8. NO PROMOTIONAL USE OR AFFILIATION WITH LULULEMON
Gift Cards may be used as personal or business gifts but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts).
It is strictly prohibited to use lululemon's name, logo, trade dress (including any image/likeness of the Gift Cards), or intellectual properties, including without limitation, trademark and copyright, in connection with Gift Cards in any way that states or implies that any person, website, business, product, or service is endorsed or sponsored by or otherwise affiliated with lululemon or any of its subsidiaries or affiliates.
9. LIMITATION OF LIABILITY
LULULEMON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY AND OUR SOLE LIABILITY SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
i. Governing Law
ii. Third-Party Gift Card Providers
lululemon utilizes third-party providers to issue, administer, and provide Gifts Cards to you. lululemon may terminate or modify the relationships with such providers without notice to you. No unlicensed vendor may resell a Gift Card under penalty of law; unlawful resale or attempted resale may result in seizure and cancellation without compensation.
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