1. Acceptance of Terms.
Lenovo (Australia & New Zealand) Pty Limited Inc ("Lenovo") owns and operates certain websites that implement reward programs and other loyalty programs (collectively, "Program"), each of which is accessed from a website that is affiliated with Lenovo who is the focus of that Program. Each Program, together with the content, incentives and rewards, information sharing and other services available at that Program, are collectively referred to herein as the "Service". The following are the current terms and conditions for use of this Program and Service. Except certain aspects of the Service that may be available to Public Users, the Service is provided only to users who become Members (as such terms are defined below). The Service is offered subject to acceptance without modification of all the terms and conditions contained herein ("Terms of Service"). The Terms of Service shall be deemed to include all other operating rules, policies and procedures that are referred to herein or that may otherwise be published by Lenovo from time to time. The Terms of Service are in addition to (not in lieu of) any other agreement (whether in writing or clickwrap) that you have entered into with Lenovo (now or in the future) regarding any Service. If there is any conflict between the Terms of Service and those of any other agreement, the terms of the other agreement shall control.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT ACCESS OR USE THE SERVICE. COMPLETING THE REGISTRATION PROCESS OR OTHERWISE ACCESSING OR USING ALL OR ANY PART OF THE PROGRAM OR SERVICE WILL CONSTITUTE ACCEPTANCE AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE, WITHOUT MODIFICATION.
Lenovo reserves the right, at its sole discretion, to modify or replace these Terms of Service (including any policy), in whole or in part, at any time. Lenovo will use reasonable efforts to notify Users of any material change at least 30 days in advance of the effective date of any change. Change notices may be communicated by postings in the Program or, in the case of Members, electronic mail. In any case, Users should periodically check the Terms of Service for changes. Continued use of the Service following any change to the Terms of Service constitutes User's acceptance of those changes. The Terms of Service may not otherwise be amended, except by a written agreement executed by User and Lenovo. Lenovo may suspend or terminate the Service, in whole or in part, at any time, with or without notice.
The Service may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are at least 18 years of age, and who are not barred from using the Service under applicable laws. If you do not so qualify, you are prohibited from accessing, using and registering for the Service. The term Users includes all registered and unregistered users that access or use the Program or Service. Each User that properly completes the registration process shall be considered a Member for the purposes of the Terms of Service. Users that do not complete the registration process, or whose registration is not accepted, shall be considered Public Users. Public Users have limited access to the Service, if at all. Lenovo may refuse to offer or continue offering the Service to any person or entity and may change its eligibility criteria from time to time, in its sole discretion.
To become a Member, a User must complete the registration process by providing Lenovo with current, complete and accurate information, as more specifically required by the then current registration procedures. By way of illustration and not limitation: prospective Members may be required to provide their name and post code (or outside the AU, city and country), username, password, legitimate electronic mail address and certain additional information (such as, for example, preferred contact method and products and services of interest); in order to obtain certain aspects of the Service, Members may also elect to provide access information related to their accounts at social networking sites (such as, for example, Twitter, Facebook, FourSquare and Instagram); and in order to obtain certain Services applicable to the Rewards Program (as further described below), Members may be required to provide mobile telephone account information. Members shall maintain and update their registration data from time to time, to ensure that it is always current, complete and accurate. Users may apply for registration at https://account.lenovo.com/au/en/account/login/. Lenovo may refuse to accept any User's application to register as a Member, in its sole discretion.
Upon acceptance, Lenovo will provide access credentials to the Member. Each Member is solely responsible for maintaining the confidentiality of its access credentials and other account information and will be solely liable for all activities under its account. Member shall be responsible for keeping all account information up to date. Member agrees to notify Lenovo immediately of any unauthorized use of Member's account. At this time, a User must register to become a Member of each Program separately. Any Member may withdraw from the Program by contacting customer support at 13536686.
6. Rewards Program.
The Service may include one or more programs where Members can accumulate and redeem loyalty rewards points ("Points") (the "Rewards Program"), on an individual basis and solely for the Member's own account. The Rewards Program may be structured to offer certain benefits based on the Member's current balance of "redeemable" Points (that is, Points that have not previously been redeemed) or "lifetime" Points (that is, all prior Points accumulated by Member, whether previously redeemed or not). From time to time, Lenovo may establish (at its sole discretion) loyalty criteria pursuant to which Member's may "earn" Points (such as, for example: by registering for this Service; sharing User personal information such as date of birth, post code, email address, etc.). There is an annual limit of $2,000 in MyLenovo Rewards. Members can still shop but after earning $2000 in Rewards in the same calendar year your purchases will not be eligible for Rewards.
Once a Member registers for the Program, if the Member does not take an action to earn points within six (6) months of membership, Points will expire. All Points expire six (6) months from issuance. Lenovo may, at its discretion, send Members periodic notifications regarding the status of the Member's Points. However, Members are responsible for monitoring their Program account and Points status. From time to time, Lenovo may offer benefits or privileges to Members in exchange for redemption of a specified number of Member's Points. The nature of those benefits or privileges, and the number of Points required to obtain such benefits or privileges, shall be established by Lenovo and are subject to change.
Member acknowledges and agrees that:
- Points have no "real world" or cash value.
- Points are redeemable toward taxes or fees.
- Points have no purpose or use except in exchange for benefits or privileges (if any) offered by Lenovo via the Service.
- Redemption offers may be time-limited or available only in limited quantities.
- Points may only be used at the Program to which they apply and, therefore, cannot be redeemed at or transferred to Member's account at any other Program.
- Member's Points cannot be redeemed by, or sold or otherwise transferred to, any other Member of this Program.
- Rewards will not be applied back for cancelled or returned orders.
- Upon termination of Member's registration for any reason, all Points are lost to the extent permitted by law, regardless of how they were acquired by Member.
- Lenovo's ability to accurately credit Points to Member's account based on Member's activities at social networking sites may be restricted by the terms, conditions or functions of such sites.
- Points are not valid unless earned in strict compliance with the requirements as established and intended by Lenovo, and Members shall not attempt to earn Points by any means (including without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements.
- Lenovo's good faith determination of the amount of Points available to any Member hereunder shall be final and binding.
7. User Rules and Conduct.
The Service is provided to Users only for their personal, noncommercial use. Any unauthorized use of the Service (including without limitation, accessing the Rewards Program or other aspect of the Service for which the User is not authorized, or any commercial use not expressly permitted in the Terms of Service, such as, for example, reselling any content or information to third parties) is expressly prohibited. Each Member is solely responsible for all acts or omissions that occur under its account, username or password, including User content posted to or transmitted via the Service. Member agrees that Points are not valid unless earned strictly in compliance with the requirements as established and intended by Lenovo, and Member shall not attempt to earn Points by any means (including without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements. Members shall perform all their obligations in respect of any Rewards Program transaction entered into in connection with using the Service. Lenovo may, at its sole discretion, immediately suspend or terminate any User's access to the Service should their conduct fail (or appear to fail) to strictly conform to any provision of the Terms of Service.
8. Third Party Sites.
. Third Party Sites. The Service may permit Users to access the Program from and to link from the Program to other websites on the Internet, including without limitation, the website affiliated with Lenovo and their partners. These other websites may not be under Lenovo's control, and User acknowledges and agrees that Lenovo is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement of the website by Lenovo or any association with its operators. Additional or different terms and conditions may apply when Users are accessing and using such other websites.
9. Participation in Promotions of Affiliates.
Any dealings by Users with advertisers, vendors and other third parties (collectively, Program Affiliates) via the Service, or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between the User and Program Affiliate or other third party. Lenovo is not responsible or liable for any part of any such dealings or promotions.
10. Proprietary Rights.
User acknowledges and agrees that the Program, Service and all content and materials created by or for Lenovo and made available on the Program are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and Lenovo (and its licensors) shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto. Unless and only to the extent expressly authorized by Lenovo, each User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of the Program, Service or such content and materials. Reproducing, copying or distributing any content, materials or design elements from the Program is strictly prohibited. Attempting to access or use the Program, Service, content or materials for any purpose not expressly permitted in the Terms of Service is prohibited.
Lenovo may terminate any User's access to all or any part of the Service at any time, with or without cause, with or without notice, with immediate effect. MEMBERS AGREE THAT LENOVO WILL NOT BE LIABLE TO ANY MEMBER OR ANY OTHER PARTY FOR ANY TERMINATION OF MEMBER'S ACCESS TO THE PROGRAM OR DELETION OF MEMBER'S ACCOUNT. Members may terminate their account and withdraw from the Program at any time by contacting Lenovo customer service at 13536686. Upon termination, any unused Points will be forfeited.
12. Disclaimer of All Warranties.
THE PROGRAM AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE PROGRAM AND SERVICE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ARE EXPRESSLY DISCLAIMED. LENOVO AND THEIR RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. USER'S USE OF THE SERVICE IS SOLELY AT ITS OWN RISK.
13. Limitation of Liability.
User agrees that Lenovo shall not be responsible or liable for any unauthorized access to, alteration or use of User's account, transmissions or data, any material or data sent or received or not sent or received through the Service.
IN NO EVENT SHALL LENOVO OR ANY OF THEIR RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS AND SUPPLIERS BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE PROGRAM OR SERVICE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, OR (C) DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF LENOVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
User agrees to indemnify, defend and hold Lenovo, its affiliates and subsidiaries, and its and their respective officers, directors, agents and employees, harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees), to the extent attributable to User's use of the Service, or violation of these Terms of Service. This provision shall survive the termination of this agreement and will remain in full force and effect.
15. General Provisions.
User is responsible for compliance with all applicable laws. These Terms of Service and the relationship between User and Lenovo is governed by the Laws of New South Wales, Australia without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Each party hereby waives its right to a jury trial in any action arising under or related to these Terms of Service. These Terms of Service are personal to each User, and a User may not transfer, assign or delegate their right and/or duties to anyone else and any attempted assignment or delegation is void. Lenovo may assign, transfer or delegate any of its rights and obligations hereunder without consent. User acknowledges that Lenovo has the right hereunder to seek an injunction without the requirement to post a bond, if necessary, to stop or prevent a breach of any obligation hereunder. The paragraph headings in these Terms of Service, shown in boldface type, are included only to help make the agreement easier to read and have no binding effect. Any delay or failure by Lenovo to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. No waiver by Lenovo shall have effect unless such waiver is set forth in writing, signed by Lenovo; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default. No agency, partnership, joint venture, or employment relationship is created as a result of the Service or Terms of Service, and neither party has any authority of any kind to bind the other in any respect. These Terms of Service constitute the complete and exclusive agreement between User and Lenovo with respect to their subject matter, and supersede all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of the Terms of Service will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect.
16. Copyright and Trademark Notices.
The Terms of Service and all content provided by Lenovo are copyright © 2021 Lenovo. Any rights not expressly granted herein are reserved.