Sweat Collective Terms and Conditions

Sweat Collective Terms and Conditions – UK 

 

1.    Scope of application

 

Lululemon Athletica uk ltd (“lululemon” or “we”) will grant eligible persons an opportunity to participate in its community of the world’s sweatiest leaders 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”).

 

These Sweat Collective Terms and Conditions (the “SC Terms of Use”) apply to all membership subscriptions to the Sweat Collective Program (the “Agreement”) that lululemon enters into with a customer (“Member” or “you”) who applies for Sweat Collective membership via the website of lululemon at www.lululemon.co.uk (“Website”) and meets the relevant criteria stipulated in these SC Terms of Use and during the applications process. Your membership in the Sweat Collective Program is CONDITIONED ON YOUR ACCEPTANCE OF THESE SC TERMS OF USE. 

 

PLEASE READ THESE SC TERMS OF USE AND THE PRIVACY POLICY at https://www.lululemon.co.uk/en-gb/legal/privacy.html/  (“Privacy Policy”) CAREFULLY. Our Privacy Policy 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 SC 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 applicable PRIVACY POLICY. For further information regarding SheerID’s use and protection of your personal information, please refer to SheerID’s Privacy Policy. These SC 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.

 

2.    Contracting Party

 

This Agreement is be entered into with you by lululemon athletica uk ltd, a company incorporated in England and Wales with company number 07655911 registered address at 57- 59 Long Acre, London WC2E 9JL 

 

3.    Eligibility

 

Membership in the Sweat Collective Program is restricted only to individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from doing so under applicable laws.

 

Employees of lululemon are not eligible for membership in the Sweat Collective Program.

 

In order to apply for a membership, you must have a customer account or create such during the membership application process in accordance with this Agreement.

 

Members must be active leaders in sweat in their communities, e.g., studio or gym managers, personal trainers, group fitness instructors, athletes, coaches or team staff.

 

Eligibility to the membership will be determined upon verification of a proof of your credentials and Verification Documentation (as defined below) 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). ID verification may be instantaneous or may take up to 5 days. Upon verification by SheerID and acceptance into the Sweat Collective Program, your Discount can then be used online or in store. If not instantly verified, SheerID will compare the information provided in the Verification Documentation against the information entered in the verification form. 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 verified status is viewable in My Account. We may ask you to take part in this verification process every two (2) years to confirm that you still fulfil the eligibility criteria; failure to complete the re-verification process will result in your membership being terminated.

 

Information on the processing of personal data and the sharing of personal data with third parties in that regard can be found in our Privacy Policy.

 

Members of the Sweat Collective 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. 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 without prior notice, including for any suspected violation of these Terms of Use or fraudulent use of membership in the Sweat Collective Program.

 

4.    Conclusion of your membership Agreement

 

You can apply for a membership in our Sweat Collective Program through our Website. In order to do so, you need to sign into or create a lululemon customer account (“lululemon account”). In the next step, fill in the requested verification details. You may only proceed with your application after having accepted the SC Terms of Use by ticking the checkbox “I agree to the Sweat Collective Terms of Use”. The SC Terms of Use can be downloaded and Website.

 

In the next step you will need to upload the requested verification documentation (“Verification Documentation”).

 

During the application process, we provide you with technical resources in the form of a standard check for completeness and plausibility (check to see whether all mandatory fields have been completed and whether the characters entered are appropriate for the mandatory field in question) to help you to recognise any errors you have possibly made in your entries. In case you have made a mistake in your application, you may restart the process and provide the correct entries.

 

By clicking on the “Submit Application” button, you place a binding application to conclude a membership Agreement with lululemon.

 

After having received your application, the verification data, and the Verification Documentation, we will verify your eligibility to participate in the Sweat Collective Program. This may take up to five days. You will be informed about the outcome of your verification and about the acceptance or rejection of your membership application by lululemon via a confirmation email. The confirmation email will also contain details of the Agreement and information on how you can withdraw from the Program.

 

You are entitled to withdraw from the Agreement in accordance with the instructions on withdrawal pursuant to Section 6.

 

5.    Customer Account

 

In order to register and to set up a customer account, you have to complete the mandatory fields in the registration form correctly and in full. You can register by clicking on the button “Create Account”.

 

The registration is successfully completed if it has been confirmed by us with a corresponding confirmation e-mail. Once you have successfully registered, a personal number for your customer account (“ID”), which will be linked to the e-mail address you have provided, will be created for you. The ID is non-transferable and grants you access to your customer account under “My Account”.

 

Your personal login details have to be stored in a way that protects them against access by third parties. If third parties become aware of your login details nonetheless, you shall inform us immediately and change your login details.

 

6.    Right of withdrawal

 

You are under no obligation to place any orders on our Website using your membership and have a right to withdraw from this Agreement and cancel your membership at any time. To cancel your membership please contact our Guest Education Centre using the contact details on our Website.

 

7.    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 packaging, shipping & handling charges, applicable taxes, prior purchases (the “Discount”). Gift cards cannot be used in conjunction with the Discount and we further reserve the right to limit or restrict the payment methods which may be used in conjunction with the Discount. 

 

Discount is for guests who have been verified by SheerID for the Sweat Collective Program, and have an active Account in accordance with Section 3. Discount can only be used in the country 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 Discount, nor purchase products using Discount for any other person, including as gifts.

 

You may not resell for commercial purposes any product purchased with Discount. Product can be purchased for personal use only. lululemon reserves the right to suspend or cancel membership in the Sweat Collective Program, deny the Discount, or refuse orders to any person suspected of commercial reselling or orders which have characteristics of commercial reselling.

 

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. Additional exclusions may apply (e.g. specific products may not be eligible for Discount), which will be displayed to you before you submit your purchase order. Additional exclusions may apply. 

 

lululemon may exempt certain products or categories of products from eligibility for Discount, at its sole discretion and without notice.

 

lululemon may restrict transactions and spending limits, at its sole discretion and without notice.  

 

Except as noted herein, lululemon’s standard terms of sale and return policies apply to all purchases.

 

Violation of these Terms of Use 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.

 

Sweat Collective Further Terms

 

8.    Product Testing



You may be invited to participate in product testing activities (“Product Testing Activities”) and other activities related to the Sweat Collective Program, 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 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:

 

1. Shall 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 without our prior written consent, unless and only to the extent you are obliged to disclose the Confidential Information based on statutory, official or judicial order. This confidentiality obligation shall not apply to Confidential Information if you can reasonably demonstrate such Confidential Information:

 

(a) was in the public domain prior to disclosure of Confidential Information by us to you;

 

(b) entered the public domain subsequent to disclosure of Confidential Information by us to you, other than through breach of these SC Terms of Use;

 

(c) you lawfully received at any time from a third party that lawfully possessed the Confidential Information and possessed the right to disclose the Confidential Information to you;

 

(d) was otherwise known by you prior to disclosure of Confidential Information by us to you; or

 

(e) you independently developed without reference to, use of, or disclosure of any Confidential Information.

 

2. Shall 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.

 

3. Shall not directly or indirectly copy, distribute, sell, modify, transfer, reverse engineer, disassemble or create derivative works from the Test Products.

 

9.    Product Testing Release, Waiver and Indemnity

 

You should note that participation in the Product Testing Activities may involve risks, including in some circumstances risk of physical injury, serious physical injury or death. You can only participate in such Product Testing Activities if you accept all the risks of participating.

 

lululemon’s liability is limited in accordance with this Agreement. To the extent you are liable for any loss or damage you shall indemnify (reimburse for any loss) and hold harmless lululemon from any such loss or liability (including any reasonable legal fees they may incur).

 

We hereby advise you that it is advisable to consult and follow the advice of a physician prior to participating in the Product Testing Activities.

 

You shall grant permission to lululemon, and lululemon’s affiliates, 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 that are either collected taken of you by lululemon through the Product Testing, or submitted by you to lululemon (“Images and Identifying Information”), including commercial use by lululemon or lululemon’s affiliates. 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 lululemon and lululemon’s affiliates, 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 know 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.

 

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.

 

10. 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. 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.

 

11. 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.

 

12. Submissions

 

In connection with the Sweat Collective Program, if you 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, 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 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 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 advertising or marketing of lululemon and services (in any media). SUBJECT TO THE LICENSES GRANTED IN THESE SC 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.

 

13. 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 Terms of Use; (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 Terms of Use.


14. Governing Law

 

This Agreement and the relationship between you and lululemon will be governed by the laws of England and Wales, without giving effect to principles of conflict of laws of any jurisdiction. 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.

 

All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with these Terms of Use, the Sweat Collective Program, or Discount must and will be heard exclusively in the courts of England and Wales.

 

15. Online and Alternative Dispute Resolution

 

We will always try to settle disputes with you directly through our GEC. However, if you are still unhappy with the resolution provided to you, it is open to you to contact a certified dispute resolution provider to help you.

 

If you are in the UK you can contact any dispute resolution body approved by Trading Standards, such as Retail ADR https://www.retailadr.org.uk/.

 

16. Miscellaneous

 

Should individual provisions of these Terms be or become invalid, this shall not affect the validity of the remaining provisions. Any headings or titles herein are for convenience only.

 

17. Language

 

The language available for the conclusion of an Agreement is English. The official language of these SC Terms of Use exclusively shall be, and all communications and agreements between lululemon and you and any proceedings in connection with these SC Terms of Use exclusively shall be made in, the English language.

 

18. Limitation of Liability

 

lululemon is liable for damages based on any legal ground whatsoever in accordance with the following provisions:

 

18.1 lululemon's liability for damages caused by simple negligence is limited to typical and foreseeable damages resulting from the breach of a material contractual obligation. A material obligation is an obligation that is required for the fulfilment of the purpose of the respective agreement and on the fulfilment of which a contractual partner regularly trusts or may trust.

 

18.2 The foregoing limitation of liability does not apply to (i) lululemon's liability under relevant statutory provisions ii) defects for which a guarantee for the quality of the Product was given (in that case liability will be in accordance with the terms of such guarantee), (iii) injury of life, limb

or health, (iv) intent, and (v) gross negligence of an officer or executive of lululemon.

 

18.3 In all other respects lululemon’s liability shall be excluded.

 

18.4 The above limitations of liability shall also apply to your claim for damages against lululemon's officers, executives, employees or agents.

 

19. No Partnership

 

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 the Sweat Collective Program. 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 the Sweat Collective Program or information provided to or gathered by lululemon with respect to such participation.

 

20. Term and Termination

 

The Agreement shall remain in place unless and until terminated. Lululemon may terminate this Agreement without cause at any time with one month’s prior notice to the end of a calendar month.

 

The right for each party to terminate the Agreement for good cause shall remain unaffected. Such good cause shall be deemed to exist, in particular in the following cases:

 

- Culpable breach of the Agreement, including these SC Terms of Use or other policies related to the Sweat Collective Program (including fraudulent use of the membership), which you have not remedied within one week despite a written request to do so (termination right for lululemon);

 

- you have provided incorrect information which was of significance for the conclusion of the Agreement or the conditions of the Agreement; or

 

- if other circumstances arise which, after due examination by lululemon, appear to jeopardise your proper fulfilment of the Agreement.

 

Termination notices shall be made in text form (email shall be sufficient).

 

21. Changes to and Discontinuation of Sweat Collective Program

 

lululemon reserves the right to suspend, terminate or discontinue its Sweat Collective Program at any time, for any reason with reasonable prior notice - except in the case of good cause - and while safeguarding the legitimate interests of the Members.

 

lululemon also reserves the right to make changes or additions to the Sweat Collective Program, the SC Terms of Use and/or the Discount at any time with reasonable notice.

 

In particular, lululemon may make changes to the scope of ancillary services related to the Sweat Collective program. Ancillary services are services that are provided in connection with a main service and support its fulfilment without fulfilling an independent contractual purpose. Primary performance obligations, on the other hand, are obligations that characterize the contract in the first place and for which it is primarily concluded.

 

We may make changes or additions with regard to the scope of the primary performance obligations (e.g. to the amount of the Discount).

 

We will notify you of any material changes to the Sweat Collective Program and/or the Discount in text form, highlighting the material changes. The changes shall be deemed approved upon the earlier of the acceptance of the revised terms during any subsequent purchase process or upon four (4) weeks after receipt of the change notification.

 

22. Entire Agreement

 

These SC Terms of Use 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.