terms of use

LULULEMON ATHLETICA CANADA INC. ("lululemon"), AS A CONVENIENCE TO YOU, GRANTS YOU ACCESS TO ITS WEBSITES, ACCESSIBLE VIA WWW.LULULEMON.COM, WWW.LULULEMON.CA, WWW.LULULEMON.COM.HK, WWW.IVIVVA.COM AND WWW.SEAWHEEZE.COM ITS SUBDOMAINS (COLLECTIVELY, THE "SITES") AND USE OF ITS APPLICATIONS (HEREINAFTER REFERRED TO AS THE "APPS"), CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN (THESE "TERMS OF USE"). FOR THE PURPOSES OF THESE TERMS OF USE, "CONTENT" MEANS, COLLECTIVELY, ANY TEXT, IMAGES, GRAPHICS, SOFTWARE, SOURCE CODE, APPS, SPECIFICATIONS, AUDIO FILES, VIDEOS, ARTICLES, TRADEMARKS, LOGOS AND OTHER INFORMATION OR CONTENT AVAILABLE THROUGH THE SITES 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.

1. Acceptance of Terms.

PLEASE READ THESE TERMS OF USE AND LULULEMON'S PRIVACY POLICY CAREFULLY. BY USING THE SITES AND APPS, YOU AGREE TO THESE TERMS OF USE, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY, YOU MUST EXIT THE SITE IMMEDIATELY AND DISCONTINUE ANY USE OF THE SITES, OUR APPS AND ANY OF THEIR CONTENT. IF YOU DO NOT AGREE TO THESE TERMS AND THE LULULEMON PRIVACY POLICY, THEN YOU WILL NOT BE ABLE TO DOWNLOAD AND USE THE APPS. YOUR USE OF THE SITES AND APPS SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.  LULULEMON CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITES OR BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THE SITES AND APPS. IF YOU DO NOT CEASE USING THESE SITES AND APPS, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.  These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with lululemon or its affiliates for other products or services.

You are also subject to the lululemon Privacy Policy.

These Terms of Use were updated as of September 16, 2014.

2. Use and Restrictions.

The Sites and Apps may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Sites and Apps under applicable laws.

The Sites and Apps are provided solely as a convenience to you for non-commercial use. You may access and use the Sites and Apps only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that lululemon, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Sites and Apps. You further agree that you will not: (a) resell for commercial purposes products purchased through use of the Sites; (b) resell or make commercial use of the Sites or Apps or Content therein; (c) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (d) collect or use any product listings or descriptions; (e) use any data mining, robots, or similar data gathering and extraction methods from the Sites and Apps; (f) other than for your use of the Sites and Apps as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Sites and Apps are hosted or modify or alter the Sites and Apps in any way; (g) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Sites or Apps; (h) use, frame or utilize framing techniques to enclose any lululemon trademark, logo or other proprietary information (including the images found at the Sites and the Apps, the content of any text or the layout/design of any page or form contained on a page) without lululemon's express written consent; or (i) use any meta tags or any other "hidden text" utilizing a lululemon name, trademark, or product name without lululemon's express written consent.

Any unauthorized use of the Sites and Apps will terminate the permission or license granted by these Terms of Use, will result in you being barred from use of the Sites and Apps, and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

3. Copyright

The Content, Sites, Apps, as well as the selection and arrangement thereof, are the sole property of lululemon and/or its licensors and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms of Use or with lululemon's express written consent. Other than as necessary for your use of the Sites and Apps in accordance with these Terms of Use, lululemon grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark and other proprietary notices on the Content. Any Content owned by lululemon's licensors may be subject to additional restrictions.  Except as expressly provided in these Terms of Use, no part of the Apps, Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without lululemon’s express prior written consent.

4. Trademark

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Sites and Apps 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.

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.

The LULULEMON, LULULEMON ATHLETICA, LULULEMON LOGO Design, BOOLUX, DANCEFLOSSTRAVEL, GROOVE, GROOVE PANT, IVIVVA ATHLETICA, LUON, LUXTREME, OQOQO, SILVERSCENT, SOYLA, VITASEA and WDW marks are registered at the Canadian Intellectual Property Office, U.S. Patent and Trademark Office, and in various other jurisdictions around the world.

5. Your Account

In order to purchase products or services through the use of the Sites and Apps, 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 Sites and Apps 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 the GEC.

You acknowledge and agree that lululemon may access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Sites and Apps, and all information relating to the use of the Sites and Apps under your account or account password if lululemon is required to do so by law or legal process or if lululemon determines, in its sole discretion, that such action is necessary to protect the rights of lululemon, third parties, and other users of the Sites and Apps or for purposes of responding to your request for customer service.  lululemon’s right to disclose any such information shall govern over any terms of our Privacy Policy.

6. Terms of Sale

All product sales from the Sites and Apps are governed by any terms of sale that may be posted on the Sites. You should refer to our terms of sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in lululemon’s sole discretion so you should review the terms of sale each time you make a purchase. Additional information may be found in our FAQ and online shopping sections of the Sites.

7. Electronic Communications

You consent to receive electronic communications from lululemon either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites and Apps. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites and Apps shall satisfy any legal requirement that such communication be in writing.

8. Submissions

You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, photos, videos and any other content or material that you submit, upload, post or otherwise make available on or through the Sites and Apps (each a "Submission") and through the services available in connection with the Sites and Apps, and that you, and not lululemon, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. Before making a Submission, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to lululemon. Unless otherwise explicitly stated herein or in the lululemon Privacy Policy, you agree that any Submission provided by you in connection with the Sites and Apps is provided on a non-proprietary and non-confidential basis. You agree that lululemon is free to use a Submission for the purpose of providing you and others with use of the Sites and Apps and their functionality and providing you with the associated products and services, and you grant lululemon a sublicensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license ("License") to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify and prepare derivative works of the Submission.  In addition, to the extent any Submission contains your or any other person’s name, likeness, voice or biographical information ("Personal Rights"), you hereby grant and will cause such other person to grant to lululemon a License to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of lululemon or ivivva products and services (in any media, whether now known or not currently known or invented).   Submissions shall be considered non-confidential and lululemon is under no obligation to treat such Submissions as proprietary information except pursuant to lululemon's Privacy Policy applicable to personally identifiable information. SUBJECT ONLY TO THE LICENSES GRANTED IN THESE TERMS OF USE, YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.

You further agree that you will not upload, post or otherwise make available on the Sites and Apps any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such copyright, trademark, patent, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any Submission that you make.

You represent and warrant that: (i) you own all Submissions posted by you on or through the Sites and Apps 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 Sites and Apps does not violate the 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 Sites and Apps. When submitting Submissions to or otherwise using the Sites, Apps and/or the services, you agree not to, without limitation:

  • use the Sites and Apps in a manner that uses technology or other means to access the Sites and Apps, or other content that is not authorized by lululemon;
  • use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content.
  • attempt to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • take any action that imposes or may impose (in lululemon's sole discretion) an unreasonably or disproportionately large load on lululemon’s infrastructure;
  • attempt to gain unauthorized access to lululemon computer network or user accounts;
  • encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
  • attempt to damage, disable, overburden, or impair lululemon servers or networks;
  • fail to comply with applicable third party terms;
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Use racially, ethnically, or otherwise offensive language;
  • Discuss or incite illegal activity;
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
  • Post anything that exploits children or minors or that depicts cruelty to animals;
  • Post any copyrighted or trademarked materials without the express permission from the owner of such copyright or trademark;
  • Post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian);
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation;
  • Use any robot, spider, scraper or other automated means to access the Sites or Apps; and
  • Alter the opinions, goals, profiles or comments posted by others on the Sites and Apps.

This list of prohibitions provides examples and is not complete or exclusive. lululemon reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Sites or Apps (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 this Sites and Apps or to any other user of the Sites and/or services. lululemon may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at lululemon's discretion, lululemon will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites, Apps or on the Internet.

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. As a provider of interactive services, lululemon is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.

These prohibitions do not require lululemon to monitor, police or remove any Submissions or other information submitted by you or any other user.

9. Feedback

If you submit any feedback or ideas about our products and services to the Sites and Apps, you hereby assign and agree to assign to lululemon all right, title and interest in and to such feedback.

10. Modifications

Any Content offered or posted on the Sites and Apps is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. 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 Sites and Apps, at any time and from time to time.

11. Indemnification

You agree to defend, indemnify and hold harmless lululemon, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) arising out of your account, your use of the Site and Apps, and your Submissions and any Personal Rights contained therein. 

12. Links to Third Party Websites

The Site and Apps 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 and Apps 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.

13. Warranties and Disclaimer

THE SITE, APPS, SUBMISSIONS AND ANY CONTENT PROVIDED VIA THE SITE AND APPS, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LULULEMON DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, APPS, 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, LULULEMON DOES NOT REPRESENT OR WARRANT THAT THE SITE, APPS, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE OR APPS IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE. AS A CONDITION OF YOUR USE OF THE SITE AND APPS, YOU WARRANT TO LULULEMON THAT YOU WILL NOT USE THE SITES AND/OR APPS FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE. 

IN ADDITION, THE SITES AND APPS 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 AVAILABILITY, AND 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. WE APOLOGIZE FOR ANY INCONVENIENCE.

IN ADDITION, 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 PURCHASE. AGAIN, WE APOLOGIZE FOR ANY INCONVENIENCE.

14. Limitation of Liability

LULULEMON AND ITS PARENT, AFFILIATES, SUBSIDIARIES (INCLUDING IVIVVA ATHLETICA CANADA INC.), 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, APPS, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

15. Copyright and Trademark Infringements

Notification:
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 Sites and Apps for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Sites or Apps, please provide lululemon's designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 ("DMCA"):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Sites or Apps, and information reasonably sufficient to permit lululemon to locate the material.
  • Information reasonably sufficient to permit lululemon to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

lululemon's agent for notice of claims of copyright or trademark infringement on the Sites and Apps can be reached as follows:

By mail:
Attention: Brand Protection
400 – 1818 Cornwall Ave
Vancouver, BC
V6J 1C7
Canada

Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

16. Governing Law

All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Sites, Apps and/or the Content must and will be venued exclusively in Vancouver, BC, Canada. These Terms of Use and the relationship between you and lululemon will be governed by the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable therein, without giving effect to principles of conflict of laws of any jurisdiction.  The International Sale of Goods Act of British Columbia and the United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms of Use or to the transactions contemplated by these Terms of Use.

17. Miscellaneous

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only. The official language of these Terms of Use exclusively shall be, and all communications and agreements between lululemon and you and any proceedings in connection with these Terms of Use and/or your use of the Sites and Apps, exclusively shall be made in, the English language. lululemon and you waive any rights we may have under any other law to have these Terms of Use written in another language, and any translation of this Terms of Use will be for convenience only. You agree that no joint venture, partnership, employment, or agency relationship exists between you and lululemon as a result of these Terms of Use, our Privacy Policy or any use of the Sites and Apps. lululemon's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of lululemon's right to comply with law enforcement requests or requirements relating to your use of the Sites and Apps or information provided to or gathered by lululemon with respect to such use. These Terms of Use and our Privacy Policy constitute the entire agreement between you and lululemon with respect to the Sites and Apps, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and lululemon with respect to the Sites and Apps.

18. Gift Cards Terms and Conditions

Compliance with Laws

By purchasing a gift card ("Gift Card") offered by lululemon, you are certifying and representing to lululemon that the activities in connection with which the Gift Cards will be used will comply with these terms and conditions and the terms and conditions found on the back of the Gift Card, the Cashstar eGift Card terms and conditions (collectively the "Gift Card Terms and Conditions"), all applicable laws, rules and regulations, and that the Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to guests. In addition, you agree to defend and indemnify lululemon and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Gift Cards or violation of the Gift Card Terms and Conditions. You agree to release lululemon from and against any and all claims, expenses or liabilities you have or may have against or incurred in connection with your use of the Gift Cards or violation of any of the Gift Card Terms and Conditions.

Redemption

Gift Cards purchased in China are only redeemable for purchases at lululemon retail stores in China. All other Gift Cards are redeemable for purchases at lululemon retail stores outside of China or online at www.lululemon.com, lululemon.com.au, lululemon.co.nz, lululemon.com.hk, lululemon.co.uk, eu.lululemon.com, fr.lululemon.com. The Gift Card balance will be reduced by the amount of each purchase. If a purchase exceeds the balance, the difference must be paid with cash or other payment method accepted by lululemon.

Balance Inquiries

For balance inquiries please contact us or visit www.lululemon.com/gc

Returns

All returns for purchases made with a lululemon Gift Card will result in credit to a Gift Card or issuance of a new Gift Card in the amount of the return.

Our Policies

Gift Cards cannot be returned, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Gift Cards cannot be replaced or be redeemed for cash, except where the balance is less than $10 (or its equivalent in local currency) or as otherwise required by law. Gift Cards can only be sold in any amount over $10.00 to a maximum of $1000. Gift Cards never expire or accrue fees. For Singapore guests, lululemon athletica does not require the approval of the Monetary Authority of Singapore. Guests are advised to read the Gift Card Terms and Conditions carefully.

Risk of Loss

The risk of loss and title for Gift Cards pass to the purchaser upon sale. Gift Cards are like cash. We are not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. We cannot trace them or refund them.

Fraud

lululemon will have the right to close guest accounts and request alternative forms of payment if lululemon believes such Gift Card has been fraudulently obtained.

Not for promotional use

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 Web sites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts.)

No affiliation with lululemon

Use of lululemon's name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of lululemon Gift Cards is strictly prohibited. Furthermore, the use of lululemon Gift Cards in any manner 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 is prohibited.

Limitation of Liability

LULULEMON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO 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.

Disputes

Any dispute relating in any way Gift Cards in which the aggregate total claim for relief sought on behalf of one or more parties shall be adjudicated in the province of British Columbia and the federal laws of Canada and you consent to exclusive jurisdiction and venue in such courts.

General Terms

When you purchase, receive or redeem a lululemon Gift Card, you agree that the laws of the province of British Columbia and the federal laws of Canada, without regard to principles of conflict of laws, will govern these Gift Card Terms and Conditions. lululemon reserves the right to change the Gift Card Terms and Conditions from time to time in its discretion. All Gift Card Terms and Conditions are applicable to the extent permitted by law.

19. Applications ("Apps")

Apple Terms and Conditions; lululemon policies

These terms supplement and incorporate (a) the Apple, Inc. ("Apple") Terms and Conditions (located at www.apple.com/legal/itunes/us/terms.html#service) including, without limitation, the Licensed Application End User License Agreement provided therein ("Apple Terms"); and (b) other lululemon policies ("lululemon Policies"), including the terms of use for the Sites located at www.lululemon.com (collectively, the "Terms"). If any of the provisions of the Apple Terms and Conditions or any applicable lululemon Policies conflict with these Terms, these Terms will control, solely to the extent such terms apply to the Apps.

User Information and the App

In consideration of your use of the Apps, you represent that you are eighteen years of age (18) or older. You also agree to: (a) provide true, accurate, current and complete information about yourself as required for purposes of registration (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

Persistent Log-in

You have the option to use the "persistent log-in" feature, which allows you to remain logged-in while the App is closed in order to avoid having to reenter your log-in information each time you open the App. If you choose to exercise this option, you understand that anyone who gains access to your mobile device will be able to access, and use all of the functionality as found on the App, including the payment functions.

Carrier Charges

You hereby agree and acknowledge that your use of the Apps may involve data charges which are your responsibility as between you and your wireless service provider.

Lost or Stolen Device

lululemon is not responsible for unauthorized use of your mobile device, including mobile payments made where the mobile device may have been lost or stolen even when you have notified lululemon about the mobile device being lost or stolen.

User License

Subject to these Terms, lululemon grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the App for personal and/or non-commercial use only on any Apple iPhone, iPad or iPod Touch (each a "Device") owned or controlled by User as permitted by the Usage Rules contained in the Apple Terms and in accordance with these Terms ("User License") or on any other device which may later support the use of the App as permitted by such device’s terms and conditions which shall be provided to User accordingly. Any use of the App in any other manner, including, without limitation, resale, transfer, modification or distribution of the App or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the App (the "Content") is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, the App unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

Privacy of User Information

Some functionality of the Apps, including location-based services and functionality, may require the transmission of personal information provided by the User including User’s name and passwords, addresses, or e-mail addresses ("User Information"). If the User uses such Apps’ functionality, the User consents to the collection by lululemon of User Information and to the transmission of User Information to lululemon and, its agents and/or service providers and authorizes lululemon, its agents and/or service providers to record, process and store such User Information as necessary for the App functionality and for purposes described in the lululemon Privacy Policy located at http://www.lululemon.com/privacy?mnid=ftr;privacy).

The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for purposes of the Apps. The User agrees to immediately notify lululemon of any breach of security. lululemon shall not be responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the Apps, unless such unauthorized or fraudulent transactions arises from lululemon’s breach of its obligations under the Privacy Policy, the Terms and the lululemon Policies, its neglicence or willfull misconduct.

Personal information of User will be stored and protected by lululemon in the manner described in the Privacy Policy (located at http://www.lululemon.com/privacy?mnid=ftr;privacy). For further information concerning how we collect, use and disclose information pertaining to the Apps, see the lululemon Privacy Policy (located at http://www.lululemon.com/privacy?mnid=ftr;privacy).

Acceptable Use, Reviews and other User Submitted Content

Use by the User of the Apps and any of their Content and User Information transmitted in connection with the Apps is limited to the contemplated functionality. The User agrees that his or her use of the Apps and any Content must comply with these Terms, Apple Terms and the lululemon Policies.

Third Party Beneficiary

Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms. Upon User’s acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against User as a third party beneficiary thereof.

Mobile Shop App (the "Shop App")

Pricing and Quantities

The Shop App will provide you with pricing for the products that are carried by lululemon both in-store and online. The pricing shown to you through use of the Shop App may only be good for purchases made online or through the Shop App (not including in-store mobile gift card payments) and may differ from in-store pricing. Price and availability information is subject to change without notice. While lululemon takes great care to ensure our advertising is accurate, mistakes may occur. When a mistake is noticed lululemon will correct it as soon as possible and notify customers who are affected. Where necessary, an order may be cancelled prior to shipping the product. All prices quoted are in Canadian Dollars. lululemon reserves the right to limit quantities. Not all products shown in the Shop App are available in-store, as some products can only be found online.

20. Questions or Concerns

If you have any concerns about material which appears on this Website, please contact us by emailing us at: gec@lululemon.com or by writing to us at:

lululemon athletica
400-1818 Cornwall Ave
Vancouver, BC
V6J 1C7
Canada

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