Sweat Collective Terms and Conditions (Australia and New Zealand)
lululemon athletica australia Pty Ltd, lululemon athletica new zealand Limited, and their respective affiliates, subsidiaries, purchasers of the business and assignees, and their respective representatives, directors, officers, agents, employees and volunteer staff (each “lululemon”, “the Released Party”, “we”, “our”, or “us”) will grant eligible persons an opportunity to participate in its community of active leaders in sweat which includes special benefits to members, including access to product information, a product Discount (as set out and defined herein) and other benefits (the “Sweat Collective Program”). Your membership in the Sweat Collective Program is CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN (THE "SC TERMS") (TOGETHER WITH OUR PRIVACY POLICY, TERMS OF USE, TERMS OF SALE, RETURN POLICY AND ANY OTHER DOCUMENTS REFERRED TO HEREIN).
PLEASE READ THESE TERMS OF USE AND THE LULULEMON PRIVACY POLICY CAREFULLY. Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of your personal information. Except for the personal information you share directly with SheerID (see Eligibility section), and notwithstanding anything else to the contrary contained in these Terms of Use, lululemon’s use of any personally identifiable information (name, email address, etc.) you provide shall be governed by the Privacy Policy. For further information regarding lululemon’s protection of your personal information, please refer to the PRIVACY POLICY. For further information regarding SheerID’s use and protection of your personal information, please refer to SheerID’s Privacy Policy. 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 HEREBY AND SHALL AGREE, for good and valuable consideration including participation in the Sweat Collective Program, as follows:
Eligibility
Eligibility to membership in the Sweat Collective Program will be determined upon verification of a proof of your credentials through ID verification (see SWEAT COLLECTIVE PAGE for details). Online ID verification is provided by a third-party verification service that works on our behalf to verify an individual’s affiliations (“SheerID”). Please pay attention to how you enter your information on the form so that it will match what is seen on the document(s). For example, enter your first and last name on the form as it appears on your official document(s). Your Discount will be automatically applied when you are logged into your account. You may need to go through the verification process again to renew your status in the future.
Employees of lululemon are not eligible for membership in the Sweat Collective Program. Members of the Sweat Collective Program are responsible for ensuring their participation doesn’t violate any rules or regulations that they are subject to, including from their sponsorships or sport organizing bodies.
lululemon may determine eligibility at its sole discretion, make exceptions, and/or refuse membership in the Sweat Collective Program to any person. Subject that lululemon will notify you of any subsequent changes lululemon reserves the right to change, suspend, terminate or revoke its Sweat Collective Program, your membership therein, and/or the Discount at any time, for any reason, including for any suspected violation of these SC Terms or fraudulent use of membership in the Sweat Collective Program. In the case of violation or reasonable suspicious of violation of these SC Terms or fraudulent use of membership, lululemon may reject a sale or refuse to apply the Discount.
Membership in the Sweat Collective Program is restricted only to individuals (a) who can form legally binding contracts under applicable laws, (b) who is a resident of Australia or New Zealand (as the case may be) and (c) who are not barred from doing so under applicable laws or agreements.
Sweat Collective Discount Policy
Approved Sweat Collective Program members receive a 25% Discount on product purchases from lululemon stores or lululemon e-commerce only, excluding any applicable packaging, shipping & handling charges, applicable taxes, prior purchases (the “Discount”).
Discount is for guests who have been verified by SheerID for the Sweat Collective Program, and/or approved by lululemon, in our sole discretion. Discount can only be used in the jurisdiction that you were verified in. Discount cannot be used to purchase products for any other people including friends, students or family. You may not allow others to use your Discount, nor purchase products using Discount for any other person, including as gifts.
Gift cards and PayPal cannot be used in combination with Discount for online transactions. Credit cards, Google Pay, Afterpay and Apple Pay are the only accepted forms of payment for online transactions with Discount.
The total amount of purchases with Discount must not exceed $1,000 after the Discount has been applied within a 7-day period. The total amount of purchases with Discount must not exceed $3,000 after the Discount has been applied within a 30-day period.
Unless otherwise stated, Discount cannot be combined with any other offers, programs, promotional codes, discounts, or coupons. Discount does not apply to the lululemon Like New website, co-branded product or lululemon product sold through third parties. Discount does not apply to product purchased by phone. Discount may not be used to purchase gift cards or e-gift cards. Additional exclusions may apply without prior notice.
Subject to prior notice, lululemon reserves the right to modify, suspend, revoke or terminate the Sweat Collective Program and/or the Discount at any time, for any reason, without notice, which can include refusal of Discount at the time of purchase.
Subject to the applicable laws, lululemon may exempt certain products or categories of products from eligibility for Discount, at its sole discretion and without notice.
With prior notice, (a) lululemon may restrict transactions and spending limits, at its sole discretion ; and (b) violation of these SC Terms or other policies related to the Sweat Collective Program and Discount may lead to immediate revocation of Discount and membership in the Sweat Collective Program. Subject to the applicable law, no compensation or damage whatsoever will be payable by us upon termination.
Except as noted herein, lululemon’s standard Terms of Use and RETURN POLICIES apply to all purchases.
Product Testing
You may be invited to participate in product testing activities and other activities related to the Sweat Collective Program (collectively, “Product Testing Activities”), including use of lululemon products in various athletic activities and evaluation of certain products (the “Test Products”). You may be exposed to information that is confidential and proprietary to lululemon or its licensors. This information may include, without limitation, non-public information, technology, product design, know-how, research, analysis, testing materials, intellectual property, trade secrets or other confidential information and proprietary information of lululemon or its licensors (the “Confidential Information”).
With respect to any Confidential Information, you agree as follows
You will not disclose to any third party, directly or indirectly, the Confidential Information or copy, reproduce or make or permit any unauthorized use of the Confidential Information.
You will not modify, alter, deface or remove any of lululemon’s logos, marks or proprietary rights notices on the Test Products or engage in any activities in respect of the Test Products that may reflect unfavourably upon lululemon.
You will not directly or indirectly copy, distribute, sell, modify, transfer, reverse engineer, disassemble or create derivative works from the Test Products.
Product Testing Release, Waiver and Indemnity
You acknowledge and agree that you are fully aware that participation in the Product Testing Activities may involve risks, including in some circumstances risk of physical injury, serious physical injury or death and you accept all the risks of participating, even if the risks are created by the carelessness, negligence or gross negligence of a Released Party.
“Claims” includes but is not limited to any and all liabilities, claims, demands, legal actions, rights of actions for damages, personal injury or death in connection with participation in the Product Testing Activities and Sweat Collective Program.
You hereby, for yourself and for your heirs, next of kin, executors, administrators and assigns, fully release, waive and forever discharge any and all rights or Claims you may have, now or in the future, against any Released Party, even if the Claims are based on the carelessness, negligence or gross negligence of a Released Party or anyone else. Without limiting the foregoing, you further release any recourses which you may now or hereafter have resulting from any decision of any Released Party.
You agree not to sue any Released Party for Claims, even if the Claims arise from the carelessness, negligence or gross negligence of any Released Party or anyone else. You agree to indemnify (reimburse for any loss) and hold harmless each Released Party from any loss or liability (including any reasonable legal fees they may incur) defending any Claim made by you or anyone making a Claim on your behalf, even if the Claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else.
You are aware that it is advisable to consult and follow the advice of a physician prior to participating in the Product Testing Activities.
You grant permission to the Released Party and any transferee or licensee or any of them, to use your name, the name of your studio or fitness brand, nickname, image, likeness, and size information and utilize any photographs, motion pictures, videotapes, recordings and other references or records which may depict, record or refer to you for any purpose that are either collected taken of you by the Released Party through the Product Testing, or submitted by you to the Released Party (collectively, “Images and Identifying Information”), including commercial use by the Released Party. This permission is for use anywhere in the world and on the Internet and for an unlimited period of time. You understand and agree that you will not be compensated or receive additional consideration for consenting to the use of the Images and Identifying Information and that you will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may use the Images and Identifying Information. You hereby release the Released Party including, without limitation, all persons who took or otherwise created, recorded or modified the Images and Identifying Information, from any and all claims, actions, damages, interest, costs, expense and compensation of whatsoever kind and howsoever arising, whether known or unknown, and which you now have or at any time hereafter can, shall or may have in connection with, or in any way resulting or arising from, the Images and Identifying Information and the creation, use or disposition of them.
Trademark
All trademarks, service marks, trade names, logos and trade dress of lululemon whether registered or unregistered (collectively the "Marks") are proprietary to lululemon. 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 provided by lululemon. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws. Membership in the Sweat Collective Program does not entitle members to use the Marks in commerce, without the express written consent of lululemon.
Email Communications
As part of the program, you agree to receive electronic communications from lululemon either in the form of email sent to you at the email address listed on your account, phone numbers or other electronic means provided by you. You acknowledge and agree that any electronic communication shall satisfy any legal requirement that such communication be in writing. While you may unsubscribe from product notification or promotional emails, you will continue to receive information relevant to your membership in the Sweat Collective Program and/or any purchases you make.
Submissions
In connection with the Sweat Collective Program, lululemon may request and you may provide content and information including profiles, goals, opinions, messages, comments, photos, videos, product or services feedback or ideas and any other content or material that you submit ("Submission(s)"). You agree 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 applicable lululemon Privacy Policy, you agree that any Submission provided by you is provided on a non-proprietary and non-confidential basis. You agree that lululemon is free to use a Submission for any purpose including improving its products and services, and providing you with the associated products and services, and you grant lululemon a sub-licensable, transferable, perpetual, nonexclusive, irrevocable, 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 must comply with any applicable legislative requirements and 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 and services (in any media, whether now known or not currently known or invented). SUBJECT TO THE LICENSES GRANTED IN THESE TERMS OF USE, YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.
You represent and warrant that: (i) you own all Submissions submitted by you 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) your Submissions do 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.
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) as a result of (i) your Submission; (ii) your breach or alleged breach of these SC 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 be responsible for any loss of damage we suffer as a result of your breach of these SC Terms.
Governing Law
All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with these SC Terms, the Sweat Collective Program, or Discount must and will be venued exclusively in Victoria of Australia and New Zealand (depending on where your membership is verified). These SC Terms and the relationship between you and lululemon will be governed by the laws of Victoria of Australia and New Zealand (as the case may be), without giving effect to principles of conflict of laws of any jurisdiction. The
Miscellaneous
If any provision of these SC Terms 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 SC Terms 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.
Language
The official language of these SC Terms exclusively shall be, and all communications and agreements between lululemon and you and any proceedings in connection with these SC Terms exclusively shall be made in, the English language. lululemon and you waive any rights we may have under any other law to have these SC Terms written in another language, and any translation of this SC Terms will be for convenience only.
No Partnership
You agree that no joint venture, partnership, employment, or agency relationship exists between you and lululemon as a result of these SC Terms, our Privacy Policy or the Sweat Collective Program. lululemon's performance of these SC Terms is subject to existing laws and legal process, and nothing contained in these SC Terms or our Privacy Policy is in derogation of lululemon's right to comply with law enforcement requests or requirements relating to the Sweat Collective Program or information provided to or gathered by lululemon with respect to such participation.
Entire Agreement
These SC Terms and our Privacy Policy constitute the entire agreement between you and lululemon with respect to the Sweat Collective Program, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and lululemon with respect to the Sweat Collective Program.
Limitation of Liability
Subject to the applicable law, by agreeing to participate in the Sweat Collective Program, you agree to release the Released Party and their respective, directors, officers, employees and agents from all liability with respect to the Sweat Collective Program. By participating in the Sweat Collective Program, members hereby release the Released Party from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) relating to participation in the Sweat Collective Program.
