2. Terms of Sale

These Terms of Use do not apply to any online commercial transaction made on the Sites. All product sales from the Sites are governed by any terms of sale that may be posted on the relevant Site. You should refer to our TERMS OF SALE to learn more about applicable purchase terms and product warranties, our RETURN POLICY, and our SHIPPING TERMS. By ordering and/or accepting delivery of the products, you agree to be bound by our Terms of Sale. Our Terms of Sale are subject to change without prior notice at any time, in Lorna Jane’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.

3. Use and Restrictions

The sites may be accessed and used only by individuals who can form legally binding agreements under applicable laws, who are 18 years of age or older, and who are not barred from using the Sites under applicable laws. The sites are provided solely as a convenience to you for your non-commercial use. You may access and use the Sites only in accordance with all applicable laws and regulations and with these Terms of Use. While we use reasonable care and skill to ensure the Sites are free from defects and harmful code, internet services are subject to interruption, breakdown, viruses, delays, interception, interference and other errors involving communications networks, computer systems, servers, providers, computer equipment and software. Lorna Jane is unable to make any warranties or representations that you will be able to access the Sites or that your access will be secure or uninterrupted. You 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 any 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; (f) other than for your use of the Sites as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Sites are hosted or modify or alter the Sites in any way; (g) create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Submissions or other information transmitted to or via the Sites; (h) use, frame or utilise framing techniques to enclose any Lorna Jane trademark, logo, Content or other proprietary information (including the images found at the Sites, any text or the layout/design of any page or form contained on a page) without Lorna Jane’s express written consent; (i) use any meta tags or any other “hidden text” utilising a Lorna Jane name, trademark, or product name without Lorna Jane’s express written consent; (j) defame, abuse, harass, use offensive, explicit or obscene language, or otherwise post a Submission not suitable for general viewing. Lorna Jane may terminate your permission to use the Sites if you have made any unauthorised use of the sites. You acknowledge and agree that your unauthorised use of the sites may also violate applicable laws including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. For the purposes of these Terms of Use, "Content" means, collectively, any text, images, graphics, software, source code, object 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.

4. Your acceptance of these Terms of Use

Please read these Terms of Use and Lorna Jane's Privacy Policy carefully. By using the Sites 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 Lorna Jane’s Privacy Policy. If you do not agree to these Terms of Use and Lorna Jane’s Privacy Policy, you must exit the site immediately and discontinue any use of the Sites. If you continue to use the Sites you will be deemed to have agreed to abide by each of the Terms of Use and the Lorna Jane Privacy Policy. Lorna Jane may update these Terms of Use at any time by posting updated Terms of Use on the Sites or by sending registered users an email notice of the changes. You should read the Terms of Use and the Lorna Jane Privacy Policy regularly. If any modification is unacceptable to you, you must immediately cease using the Sites. If you do not cease using the Sites, 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 Lorna Jane or its affiliates for other products or services. Your personal information will be collected, used, processed and disclosed in accordance with the Lorna Jane Privacy Policy, a copy of which is available here.

5. Trademark

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Sites are proprietary to Lorna Jane or such marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of Lorna Jane. You may not remove or otherwise modify any trademark notices from any Content. The Marks, including LORNA JANE, ACTIVE LIVING and MOVE NOURISH BELIEVE, are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws in Australia and various other jurisdictions around the world.

6. Cookies

The Sites may make use of cookies. Cookies are an industry standard and most major websites use them. A cookie is a small text file that is used as a means to remember your details. Cookies are designed to improve your experience of the Sites. In some cases, cookies may collect and store personal information about you. If you would like further information about cookies and how we use them please refer to the Lorna Jane Privacy Policy.

7. Your Account

If you establish an account with Lorna Jane you agree 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 that occur under your account or your account password, unless such activities arise from Lorna Jane’s negligence, willful misconduct, or breach of its obligations under the Privacy Policy or these Terms of Use. You agree to immediately notify Lorna Jane of any unauthorised use of your password or account or any other breach of security by contacting us at the email address set out below. You acknowledge and agree that Lorna Jane 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 all information relating to the use of the Sites under your account or account password if Lorna Jane is required to do so by law or legal process or if Lorna Jane determines, in its sole discretion, that such action is necessary to protect the rights of Lorna Jane, third parties, and other users of the Sites or for purposes of responding to your request for customer service. Lorna Jane’s right to disclose any such information shall govern over any terms of our Privacy Policy.

8. Electronic Communications

You consent to receive electronic communications from Lorna Jane either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites.

9. Mobile Terms of Service

The Lorna Jane Activewear - COM mobile message service (the "Service") is operated by Lorna Jane USA Inc (“Lorna Jane Activewear - COM”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. By consenting to Lorna Jane Activewear - COM’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Lorna Jane Activewear - COM through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialling system or other technology. The service will include promotional messages such as promotions, specials, coupons, and other marketing offers; it will also include transactional messages such as order updates and account alerts. You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Lorna Jane Activewear - COM. Your participation in this program is completely voluntary. You may opt-out of the Service at any time. Text the single keyword command STOP to +18556701699 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Lorna Jane Activewear - COM mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance email privacy@lornajane.com.au. We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

10. Submissions

You acknowledge that you are responsible for any information that you submit, upload, post or otherwise make available on or through the Sites, including any product reviews, messages, opinions, comments, photos, videos and any other content or material you submit (each a "Submission"). You, and not Lorna Jane, have full responsibility for each such Submission you make, including its legality, reliability and appropriateness. All Submissions must be appropriate for general viewing. Before making a Submission, you must ensure that you either own all intellectual property rights in that Submission or are otherwise in a position to grant a License (as defined below) to Lorna Jane in relation to that Submission. You agree that Lorna Jane is free to use a Submission for the purpose of providing you and others with use of the Sites and their functionality and providing you with the associated products and services, and you grant Lorna Jane a non-exclusive, sub-licensable, transferable, perpetual, irrevocable, worldwide, royalty-free license ("License") to, in any media, whether known or not currently known or invented, use, link to, utilise, publicly perform, publicly display, communicate, reproduce, distribute, edit, adapt, modify, publish and prepare derivative works of the Submission. Lorna Jane is under no obligation to treat Submissions as confidential or proprietary information except pursuant to Lorna Jane's PRIVACY POLICY applicable to personally identifiable information. Subject only to the licenses granted in these Terms of Use, you retain ownership of any copyright or other intellectual property rights in your Submissions. You agree not to upload, post or otherwise make available on the Sites 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. You bear the burden of determining whether any material is protected by any such right. You will 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 or otherwise have the right to grant the Licenses to Lorna Jane 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 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 a breach of these warranties in relation to any Submissions posted by you to or through the Sites. Lorna Jane reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Sites and/or (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 Lorna Jane determines is inappropriate or disruptive to the Sites or to any other user of the Sites. Lorna Jane 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 Lorna Jane's discretion, Lorna Jane will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites, or on the Internet. Lorna Jane 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. Lorna Jane is not required to monitor, police or remove any Submissions or other information submitted by you or any other user. If you are concerned about any particular content on our Sites, please contact us.

11. Modifications

Lorna Jane may, in its sole discretion and without notice or any further obligation to you, temporarily suspend or permanently discontinue any and all current and future, access to or use of the Sites. Any Content offered or posted on the Sites is subject to modification or discontinuation at any time and from time to time without notice or obligation to you.

11. Modifications

Lorna Jane may, in its sole discretion and without notice or any further obligation to you, temporarily suspend or permanently discontinue any and all current and future, access to or use of the Sites. Any Content offered or posted on the Sites is subject to modification or discontinuation at any time and from time to time without notice or obligation to you.

12. Your Consumer Rights

You may have rights under applicable consumer protection legislation, such as the Australian Consumer Law, which cannot be excluded, restricted or modified by these Terms of Use (Your Consumer Rights). You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission Australian State and Territory fair trading authorities.

14. Governing Law

These Terms of Use and the relationship between you and Lorna Jane will be governed by the laws of Queensland, Australia 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.

15. 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 are for convenience only. The official language of these Terms of Use exclusively shall be English All communications and agreements between Lorna Jane and you and any proceedings in connection with these Terms of Use and/or your use of the sites , exclusively shall be made in English. Lorna Jane and you waive any rights we each may have under any other law to have these Terms of Use written in another language. Any translation of these Terms of Use will be for convenience only.

16. Copyright

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

Expiry Date

Lorna Jane cannot accept cancellations on Gift Cards once payment has been processed. Gift Cards are not refundable (in part or in full or amount paid) or redeemable for cash. When purchasing on www.lornajane.com.au, Gift Cards are recognised as a free service and not considered as goods of the shopping cart total or GST. Any amount purchased on a Gift Card in an online transaction will not contribute to the free shipping or other promotional qualification amount unless stated otherwise in the relevant promotional Terms & Conditions. The value placed on a Lorna Jane Gift Card cannot be redeemed to place value on a new Lorna Jane Gift Card.

Returns

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

Risk of Loss

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

Not for Promotional Use

Where permitted by law, Lorna Jane 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) without Lorna Jane’s prior written consent.

No affiliation with Lorna Jane

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

General Terms

When you purchase, receive or redeem a Lorna Jane Gift Card, you agree that the laws of the jurisdiction in which you purchased, or redeemed that Lorna Jane Gift Card will apply. Lorna Jane 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.

16. Gift Cards

By purchasing a gift card ("Gift Card") offered by Lorna Jane, you are certifying and representing to Lorna Jane 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 or included with the Gift Card (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 any person.. For full Gift Card terms and conditions, please read the Lorna Jane Gift Card Terms and Conditions applicable in your jurisdiction.

Purchasing

Lorna Jane cannot accept cancellations on Gift Cards once payment has been processed. Gift Cards are not refundable (in part or in full or amount paid) or redeemable for cash. When purchasing on www.lornajane.com.au, Gift Cards are recognised as a free service and not considered as goods of the shopping cart total or GST. Any amount purchased on a Gift Card in an online transaction will not contribute to the free shipping or other promotional qualification amount unless stated otherwise in the relevant promotional Terms & Conditions. The value placed on a Lorna Jane Gift Card cannot be redeemed to place value on a new Lorna Jane Gift Card.

13. Links to Third Party Websites

The Sites may contain links to websites and other resources operated by third parties other than Lorna Jane. Such links are provided solely as a convenience to you. Lorna Jane does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. Unless otherwise specified, the inclusion of links to such websites on the Sites 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..

Fraud

Lorna Jane will have the right to close a Gift Card account and request alternative forms of payment if Lorna Jane reasonably believes such Gift Card has been fraudulently obtained.

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 $1,000. Gift Cards never accrue fees. For Singapore customers, Lorna Jane does not require the approval of the Monetary Authority of Singapore. You are advised to read the full Gift Card Terms and Conditions carefully prior to purchase.

17. Contact Us

You can contact us via Live Chat or by writing to us at: Lorna Jane Lorna Jane Customer Service Australia 857 Kingsford-Smith Drive Eagle Farm QLD 4009 These Terms of Use were last updated on 25 July 2016.