Terms Of Service

Welcome to Lulu Club. By using the Lulu Club website (our "Website"), and the services of LulumartCA (together with the Website, the “Services”) you are agreeing to these legally binding rules (the "Terms of Service"). You are also agreeing to our Privacy Policy.

We may update the Terms of Service from time to time and you are responsible for periodically reviewing the most current version of the Terms of Service on our Website. Your continued use of the Services or submission of information will be deemed your conclusive acceptance of our updated Terms of Service.

Ownership/Restrictions on Use

All text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software (including source and object codes) and all other content of any description available through our Services, or available via a link from our Services to a page created by LulumartCA on another website (collectively, the "Content"), are the sole property of LulumartCA. All Content is protected by Canadian and international copyright, trade-mark, service marks, patents, trade secrets and other proprietary rights and laws. Use of the Content for any purpose not expressly permitted in our Terms of Service or otherwise consented to by LulumartCA is prohibited. You may download or print one copy of the Content to any single device for your personal, non-commercial, informational use only, provided that you keep intact all copyright and other proprietary notices. You may not otherwise copy, reproduce, perform, distribute, display or create derivative works of the Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of LulumartCA. To obtain written consent for such reproduction, please contact us at: [email protected]

Our Services are licensed, not sold. We grant you a non-exclusive, non-transferable, limited licence to access our Website, on any single mobile device, tablet, or similar technology solely to be used in connection with our Services for your private, personal, use. Our Services are protected by copyright and other intellectual property laws and treaties and are owned by us or our service providers. You agree that you will not copy, attempt to reverse engineer, modify, translate or disassemble our Services in whole or in part. You may not use or export or re-export our Services except as permitted under the law of the United States and Canada and the laws of the jurisdiction in which our Services were obtained. We may automatically check and update the version of our Services which you are using in order to improve the performance and capabilities of our Services.

Creating an Account

In order to use the services, you must create an account (your "Account") using your email address. The email address you provide will be how you access your Account. You alone are responsible for keeping your Account login information and associated passwords confidential, and for any and all of your Account activity. Therefore, you should protect your password and make your password secure and difficult for others to guess. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security via [email protected].

Code of Conduct

You must adhere to our code of conduct, as described herein (the "Code of Conduct") as a condition of your continued access to and use of our Services. Any breach of this Code of Conduct, in our sole discretion, will result in your access to your Account being revoked.

You agree not to:

  1. Register under a false identity, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  2. Submit information you know to be false, misleading, or inaccurate.
  3. Harvest or otherwise collect or store any information (including personal information) about other users of our Services, including email addresses, without the express consent of such users;
  4. Use any robot, spider, scraper or other automated means to access our Services and collect content for any purpose without our express written permission;
  5. Attempt to gain unauthorized access to our Services, other computer systems, or networks connected to our services through password mining or other means;
  6. Interfere with or disrupt networks or servers connected to our Services;
  7. Take any action that imposes, or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  8. Facilitate or encourage any of the above conduct.

Our rights

LulumartCA reserves these rights:

  • We can make changes to or discontinue, temporarily or permanently, the LulumartCA Services without notice or liability.
  • We have the right to decide who is eligible to use LulumartCA. We can cancel accounts or decline to offer our services. We can change our eligibility criteria at any time.

LulumartCA is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.

Intellectual Property Infringement

If you are an owner of intellectual property (or the owner's authorized agent) and believe that any of our Content infringes your intellectual property, please notify us using by sending a written notice of intellectual property infringement to: [email protected]. In your written notice, please provide the following information:

  • Identification of the intellectual property claimed to have been infringed;
  • Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
  • A statement that you believe that use of the Contents in the manner complained of is not authorized by the owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Trademark and Copyright Information

The trademarks, logos and artwork used on the Website include the unregistered trademarks and copyright of LulumartCA. All other trademarks used on the Website are the properties of their respective owners.

Links to Third-Party Websites

We may offer links on our Services to websites and mobile applications owned and operated by third parties. We provide these links as a convenience to our visitors. We do not review the content of such third party services, and neither endorse, nor are responsible for, any content, advertising, products, services or other materials on or available from such third party services. You assume full responsibility for your use of third party services. Such services may be governed by terms and conditions different from those applicable to our Services, and we encourage you to review the terms and privacy policies of those third parties before using their services. We may also offer links to Content created by us and available on other services. If you link to that Content you are responsible for ensuring that you comply with the terms of use applicable to those services while you are using them.

Warranty Disclaimer

You use our Services solely at your own risk. They are provided to you "as is" and "as available" and without warranty of any kind, express or implied.

We do not warrant that the content or user content is accurate, reliable, or correct; that our Services will be available at any particular time or location; that your access to our Services will be uninterrupted; that any defects or errors will be corrected; that our Services are free of viruses or other harmful components; or that the content is timely, secure or error-free. To the maximum extent permitted by law, LulumartCA disclaims all warranties and conditions with respect to its Services, including any warranties of merchantability, merchantable quality, non-infringement, and fitness for a particular purpose.

Limitation of Liability

To the fullest extent permissible by law, in no event will LulumartCA, its employees, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages

  1. resulting from your access to, use of, or inability to access or use our Services;
  2. For any lost profits or data lost;
  3. for any conduct of content of any third party on the Services.

In no event shall LulumartCA's liability for direct damages be in excess of (in the aggregate) one hundred Canadian Dollars ($100.00).

You will indemnify and hold harmless LulumartCA and its affiliates and our and their respective officers, directors, agents, and employees (each an "Indemnified Party"), from any claim made by any third part, together with any amounts payable to the third part whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indeminified Parties, arising from or relating to your use of our Services, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

Choice of Law and Forum

Where permitted by law, our Terms of Service are governed by and will be interpreted in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, without regard to any principles of conflicts of law. Where permitted by law, you agree that any action to enforce these Terms of Service may be brought in the courts located in the Province of Ontario. You further agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding arising out of these Terms of Service and waive any objections and defenses inconsistent with such venue. By using our Services, you represent and warrant that your use complies with applicable law in your jurisdiction of residence.

Entire Agreement

These Terms of Service constitute the entire agreement between you and us with respect to your use of our Services. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced. Notwithstanding any other provisions of these Terms of Service, any provision of these Terms of Service that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Service, including, without limitation, the indemnification and limitation of liability provisions.

It is the express wish of the parties that this agreement and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

The failure of either you or LulumartCA to exercise any right provided for in these Terms of Service in any way won't be deemed a waiver of any other rights.

These Terms are personal to you. You can't assign them, transfer them, or sublicense them unless you get LulumartCA's prior written consent. LulumartCA has the right to assign, transfer, or delegate any of its rights and obligations under these Terms of Service without your consent. LulumartCA will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.