These Terms of Service (the Terms) constitute a legally binding agreement between you (referred to herein as the User, you, or your) and Lulu Buy Inc. (referred to herein as the Company, we, us, or our), a corporation organized under the laws of Canada with its principal place of business at 536 Gordon Baker Road, North York, M2H 3B4, Canada. These Terms govern your access to and use of the website located at https://www.lulubuy.mom (the Site) and any related services, including but not limited to computer systems design, integration consulting, and technical support services provided by the Company (collectively, the Services). Please read these Terms carefully before accessing or using the Site or Services. By accessing or using any part of the Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site or Services.
Lulu Buy Inc. is a computer systems design and integration firm providing services within the Professional, Scientific, and Technical Services sector. Our core competencies include computer integrated systems design, systems architecture, cloud infrastructure engineering, cybersecurity consulting, and technical advisory services. These Terms establish the rules, obligations, and legal framework that govern the relationship between the Company and any individual or entity that accesses the Site or engages the Services.
The Company operates from its headquarters at 536 Gordon Baker Road, North York, M2H 3B4, Canada. All questions, concerns, or legal notices related to these Terms should be directed to the Company using the contact information provided in Section 15 of this document. These Terms should be read in conjunction with our Privacy Policy, which is incorporated herein by reference and describes how we collect, use, and protect personal information submitted through the Site and Services.
The Company reserves the right, at its sole discretion, to modify, suspend, or discontinue any aspect of the Site or Services at any time without prior notice. We also reserve the right to refuse service, terminate accounts, or cancel orders at our discretion if we believe that conduct violates these Terms or is harmful to the interests of the Company or other users.
By accessing, browsing, or using the Site or Services in any manner, you represent and warrant that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. This agreement takes effect on the date you first access the Site and remains in effect for as long as you continue to use the Site or Services. If you are using the Site or Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in such case the terms you and your shall refer to that entity.
You must be at least eighteen years of age, or the age of majority in your jurisdiction of residence, to use the Site and Services. By agreeing to these Terms, you confirm that you meet this age requirement. If you do not meet this requirement, you must not access or use the Site or Services under any circumstances.
Your use of certain features or components of the Services may be subject to additional terms and conditions, which will be presented to you at the time you access those features. Those additional terms are hereby incorporated into these Terms by reference. In the event of a conflict between these Terms and any additional terms, the additional terms shall govern with respect to the specific feature or component to which they apply.
For the purposes of these Terms, the following capitalized terms shall have the meanings ascribed to them below. The term Confidential Information means all non-public information, whether in written, oral, electronic, or other form, disclosed by one party to the other in connection with the Services, including but not limited to technical data, business plans, client lists, financial information, source code, algorithms, and trade secrets.
The term Content means all text, graphics, images, software, code, data, documents, reports, diagrams, and other materials made available through the Site or produced as part of the Services, whether created by the Company, you, or third parties. The term Intellectual Property means all patents, copyrights, trademarks, trade secrets, moral rights, and other proprietary rights recognized under applicable law.
The term User Content means any information, data, text, files, or other materials that you upload, submit, transmit, or otherwise make available through the Site or Services. The term Project Deliverables means all tangible and intangible outputs, including but not limited to system designs, architecture documents, configuration files, source code, deployment scripts, and technical documentation, that the Company produces as part of a specific engagement with a client.
The Company provides a range of computer systems design and related services to businesses, professional organizations, and other entities. Our service offerings include systems architecture design, where we analyze your operational requirements and produce comprehensive technical blueprints; computer integrated systems design, where we unify disparate software platforms and hardware components into cohesive, interoperable environments; cloud infrastructure consulting and migration services; cybersecurity assessment and implementation; performance optimization and system tuning; and general technical consulting and advisory services.
The scope, deliverables, timeline, and pricing for each engagement are defined in a separate written agreement, statement of work, or service proposal executed between the Company and the client. These Terms serve as the general framework governing all engagements, but the specific details of each project shall be governed by the corresponding project-specific agreement. In the event of any inconsistency between these Terms and a project-specific agreement, the project-specific agreement shall prevail with respect to that particular engagement.
The Company makes no representation or warranty that the Site or Services will be available uninterrupted, error-free, or free of harmful components. We reserve the right to modify, suspend, or discontinue any part of the Site or Services, temporarily or permanently, with or without notice, and shall not be liable to you or any third party for any such modification, suspension, or discontinuation.
As a user of the Site and Services, you agree to comply with all applicable local, provincial, national, and international laws and regulations. You are solely responsible for your conduct while using the Site and for any User Content you submit or transmit through the Site. You agree not to use the Site or Services for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party use of the Site.
You specifically agree not to engage in any of the following prohibited activities: uploading or transmitting viruses, malware, or any other malicious code designed to disrupt or damage computer systems or networks; attempting to gain unauthorized access to the Site, user accounts, computer systems, or networks connected to the Site through hacking, password mining, or any other means; using any automated means, including robots, spiders, crawlers, or data mining tools, to access, scrape, or collect data from the Site without our prior express written permission; or impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity.
You further agree not to upload, post, transmit, or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, invasive of privacy, or otherwise objectionable. The Company reserves the right to remove any User Content from the Site at its sole discretion and without prior notice, and to suspend or terminate access for users who violate these conduct obligations.
Certain features of the Site or Services may require you to create an account by providing certain registration details, including your name, email address, company affiliation, and other information as requested by the registration form. You agree to provide accurate, current, and complete information during the registration process and to update such information promptly to maintain its accuracy and completeness.
You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company shall not be liable for any loss or damage arising from your failure to comply with these security obligations. You may be held liable for losses incurred by the Company or any other user due to unauthorized use of your account resulting from your failure to safeguard your credentials.
We reserve the right to suspend or terminate your account at any time, with or without cause, with or without notice. You may terminate your account at any time by contacting us using the information provided in Section 15. Upon termination of your account, you remain responsible for all obligations accrued prior to termination, including any outstanding payment obligations.
All Content available on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, software, code, and the design, selection, and arrangement thereof, is the exclusive property of the Company or its content suppliers and is protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws. The compilation of all Content on the Site is the exclusive property of the Company.
The trademarks, service marks, logos, and trade names displayed on the Site, including but not limited to the name LuluBuy and the Lulu Buy Inc. company name, are registered and unregistered trademarks of the Company. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the prior written consent of the Company or the third-party owner of such trademark.
With respect to Project Deliverables created for clients as part of a specific engagement, the ownership and licensing terms shall be defined in the applicable project-specific agreement. Unless otherwise expressly agreed in writing, the Company retains ownership of all pre-existing intellectual property, tools, frameworks, and methodologies used in the creation of Project Deliverables. You retain ownership of your User Content, and by submitting User Content to the Site, you grant the Company a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, and display such User Content solely for the purpose of providing the Services to you.
The fees for the Services provided by the Company shall be as set forth in the applicable project proposal, statement of work, or service agreement executed between the Company and the client. All fees are quoted and payable in Canadian dollars unless otherwise specified in writing. The Company reserves the right to modify its fee structure and pricing at any time, provided that such modifications shall not apply to engagements for which a binding agreement is already in effect.
Payment terms, including invoicing schedules, accepted payment methods, and due dates, shall be specified in the applicable project agreement. Unless otherwise stated, invoices are due and payable within thirty days from the date of invoice. Late payments may accrue interest at the rate of one and one-half percent per month, or the maximum rate permitted by applicable law, whichever is lower. The client shall be responsible for all costs of collection incurred by the Company in the event of non-payment, including reasonable legal fees.
All fees are exclusive of applicable federal, provincial, and local taxes, including goods and services tax, harmonized sales tax, and any other taxes that may be imposed by governmental authorities. The client is responsible for the payment of all such taxes, except for taxes based on the net income of the Company. If the client is required by law to withhold any taxes from payments to the Company, the client shall gross up the payment such that the Company receives the full amount of the fees as if no withholding had been applied.
To the fullest extent permitted by applicable law, in no event shall Lulu Buy Inc., its directors, officers, employees, agents, affiliates, or subcontractors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, revenue, goodwill, use, data, or other intangible losses, arising out of or in connection with these Terms, the Site, or the Services, regardless of the legal theory under which such liability is asserted, including contract, tort, negligence, strict liability, or otherwise, and even if the Company has been advised of the possibility of such damages.
The aggregate liability of the Company for all claims arising out of or relating to these Terms, the Site, or the Services, whether in contract, tort, or otherwise, shall not exceed the total amount of fees paid by you to the Company during the twelve-month period immediately preceding the event giving rise to the claim. If no fees have been paid during such period, the aggregate liability of the Company shall not exceed one hundred Canadian dollars. This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of these Terms.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. In such jurisdictions, the liability of the Company shall be limited to the greatest extent permitted by applicable law. Nothing in these Terms shall exclude or limit the liability of either party for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by applicable law.
You agree to indemnify, defend, and hold harmless Lulu Buy Inc., its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses, including reasonable legal fees and court costs, arising out of or related to your violation of these Terms, your use of the Site or Services, your User Content, or your violation of any applicable law or the rights of any third party.
The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you agree to cooperate fully with the Company in asserting any available defenses. You shall not settle any matter subject to indemnification without the prior written consent of the Company, which consent shall not be unreasonably withheld. This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Site and Services.
These Terms shall remain in full force and effect while you use the Site or Services. The Company reserves the right, in its sole discretion and without prior notice, to suspend or terminate your access to the Site and Services, to delete your account and all related information, and to bar your further access to the Site and Services, for any reason or for no reason, including but not limited to a breach of these Terms, conduct that the Company believes may violate applicable law or be harmful to the interests of the Company or other users, or repeated infringement of intellectual property rights.
Upon termination of these Terms for any reason, your right to access and use the Site and Services shall immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to provisions concerning intellectual property rights, limitation of liability, indemnification, disclaimer of warranties, governing law, and dispute resolution. Termination shall not relieve you of any obligations accrued prior to termination, including any payment obligations for Services rendered.
You may terminate these Terms at any time by discontinuing your use of the Site and Services and deleting your account if applicable. If you have an active engagement with the Company at the time of termination, the terms of the applicable project agreement shall govern the wind-down and transition of that engagement.
The Site and Services are provided on an as is and as available basis, without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, the Company expressly disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing, course of performance, or usage of trade.
The Company does not warrant that the Site or Services will meet your requirements, that the operation of the Site or Services will be uninterrupted, timely, secure, or error-free, that any defects or errors will be corrected, that the Site or Services will be compatible with your hardware or software, or that any results or outcomes achieved through the use of the Services will be accurate, reliable, or suitable for your purposes. You use the Site and Services at your own risk, and you are solely responsible for any damage to your computer system, loss of data, or other harm that results from such use.
No advice or information, whether oral or written, obtained by you from the Company or through the Site or Services shall create any warranty not expressly stated in these Terms. The Company makes no representations or warranties regarding third-party products, services, websites, or content that may be referenced or linked from the Site.
Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services, including any question regarding the existence, validity, interpretation, breach, or termination of these Terms, shall first be attempted to be resolved through good-faith negotiations between the parties. The party raising a dispute shall provide written notice to the other party describing the nature of the dispute and the relief sought. The parties shall have a period of thirty days from receipt of such notice to resolve the dispute through informal negotiations.
If the dispute cannot be resolved through negotiations within the thirty-day period, the parties agree to submit the dispute to binding arbitration in accordance with the Arbitration Act of Ontario. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties, or failing agreement, appointed by a court of competent jurisdiction in Ontario. The arbitration shall be held in Toronto, Ontario, Canada, and conducted in the English language.
The cost of arbitration shall be shared equally by the parties, except that each party shall bear its own legal fees and costs, unless the arbitrator awards costs to the prevailing party. The decision of the arbitrator shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the resolution of the dispute through arbitration.
These Terms and all matters arising out of or relating to them, including but not limited to any dispute or claim, whether in contract, tort, statute, or otherwise, shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law that would result in the application of the laws of any other jurisdiction.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms or to any transaction or agreement arising hereunder. For any legal action or proceeding not subject to the arbitration provisions set forth in Section 13, the parties hereby irrevocably consent to the exclusive jurisdiction and venue of the courts located in Toronto, Ontario, Canada, and waive any objection to such jurisdiction or venue on the grounds of forum non conveniens or otherwise.
If you have any questions, concerns, or requests regarding these Terms of Service, or if you need to deliver any legal notices to the Company, you may contact us through any of the following channels. We strive to respond to all inquiries in a timely and professional manner.
Email correspondence should be directed to serve@lulubuy.mom. This email address is monitored during regular business hours, and we aim to respond to all inquiries within three business days. For urgent matters, you may reach us by telephone at +12603655572 during regular business hours, Eastern Time.
Written notices, including formal legal notices, may be sent to our registered office at the following address: Lulu Buy Inc., 536 Gordon Baker Road, North York, M2H 3B4, Canada. Notices sent by mail shall be deemed delivered on the date of actual receipt, and notices sent by email shall be deemed delivered on the date of transmission, provided no delivery failure notification is received.
The Company reserves the right, at its sole discretion, to modify, amend, or replace these Terms at any time and for any reason. When we make material changes to these Terms, we will post the revised version on the Site and update the Last Updated date at the top of this page. We may also provide additional notice of significant modifications by sending an email notification to registered users or by displaying a prominent notice on the Site.
Changes to these Terms are effective immediately upon posting to the Site unless otherwise specified. Your continued use of the Site or Services after the posting of revised Terms constitutes your acceptance of and agreement to the modified Terms. If you do not agree to the revised Terms, you must discontinue your use of the Site and Services immediately.
It is your responsibility to review these Terms periodically for changes. We recommend that you check the Last Updated date at the beginning of this document and review any modifications. No modification to these Terms made by you shall be binding on the Company unless expressly agreed to in writing by an authorized representative of the Company.