L Y K A

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1.

Introduction

These Terms & Conditions and the Privacy Policy (together, the Agreement) set out the basis upon which THINGS I LIKE COMPANY LTD., a company incorporated and duly-registered under the laws of the Hong Kong Special Administrative Region, (“LYKA”, “we” and/or related terms such as “us” and “our”), the owner and operator of http://www.mylyka.com, the LYKA software, including the LYKA mobile application (“LYKA app”) (together, including all content provided by LYKA through the LYKA app, and the LYKA website, the “LYKA Service”) agrees to provide the LYKA Service to a user outside of HK-SAR (“you” and/or related terms such as “your”) in order to allow you to:

(a)

send and receive instant messages;

(b)

create personal content that may be shared to the public;

(c)

buy Gift cards/checks in Electronic Mode (“GEM” or “GEMs”), through a third-party provider;

(d)

earn GEMs for LYKA app use and the creation of content, through a third-party provider;

(e)

gifting of GEMs between users, through a third party provider;

(f)

surrender of unused GEMs, through a third-party provider; and/or

(g)

use such other functions that may from time to time form part of the LYKA Service.

You must comply with all the terms of the Agreement when using the LYKA Service.
Please read this Agreement carefully before using the LYKA Service because the terms of this Agreement affect your legal rights and obligations. If you do not understand this Agreement, please contact us. Do not click on the "[Accept]" button on the Signup page of the LYKA App if you do not wish to be legally bound by this Agreement. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE AND/OR ACCESS THE LYKA SERVICE.
The LYKA Service is for private use in accordance with this Agreement. The commercial use of the LYKA Service by commercial entities, or other for-profit endeavours must be related to the use of the LYKA Service as designed by LYKA, and stated in the above list, under Clause 1 (a) to (g). The determination of whether or not the use of the LYKA Service is in accordance with the designed use, shall be solely determined by the LYKA. If you are in the business of producing and/or selling content, you are not entitled to register and/or use the LYKA Service for any purpose(s), unless you have a signed agreement with LYKA for the use of the LYKA Service in such manner.

2.

These Terms & Conditions

2.1

If you do not agree to these Terms & Conditions and the rest of the Agreement you will be unable to use the LYKA Service. This Agreement is a binding legal contract between you and us.

2.2

We reserve the right to change the terms of this Agreement at any time. If we decide to change the terms of this Agreement, we will let you know in accordance with Clause 12.3. If you object to any such change(s), you must discontinue your use of the LYKA Service. Your continued use of the LYKA Service will constitute your implied acceptance of the change(s).

2.3

From time to time updates to the LYKA app may be issued through the app store via which you downloaded the LYKA app. Depending on the update, you may not be able to use the LYKA Service until you have downloaded the latest version of the LYKA app and accepted any new or revised terms and conditions.

2.4

You must be the owner of the device or obtain permission of the owner of the device on which you download the LYKA app and access the LYKA Service. You may be charged by your service providers for internet access on such device. You are responsible in accordance with the terms of this Agreement for your use of the LYKA Service on or in relation to any device.

3.

Registration and Data

3.1

In order to use the LYKA Service you must register an account with LYKA via the LYKA app (“Account”). To be able to register and use the LYKA Service: (a) you must be at least 18 years old (or the of age of majority in your country of residence if higher) and otherwise be able to enter into binding legal agreements; and (b) it must otherwise be lawful for you to use the LYKA app in your country of residence and in each other country in which you attempt to use the LYKA Service. If you do not or cannot comply with these requirements you must not register, access, or use the LYKA Service.

3.2

Registering for an Account will involve you giving us certain information about you including your age, gender and email address. You confirm that this and the other information which you provide to us in connection with the LYKA Service (Your Data) is accurate and complete. You must keep update your information in your Account on the LYKA Service or if this is not possible let us know immediately if Your Data needs to be updated.

3.3

Your Data and other information we receive or generate in connection with the LYKA Service may contain information about individuals (Personal Data). We will use Personal Data in accordance with the Privacy Policy. It is important that you read the Privacy Policy before you register as it governs what we may do with your Personal Data. Your profile photo and location data may be viewed by all other users of the LYKA Service. Please do not use any profile photo that you are not happy or do not desire to be viewed widely by the Public.

3.4

The LYKA Service may make use of location data sent from your device. Should at any time the app would allow the use of location data services, you can turn off this functionality at any time by turning off the location services settings for the LYKA app on your device. If you do not and continue to use the LYKA Service, you consent to the transmission, collection, maintenance, processing and use of your location data in order to provide and improve the LYKA Service. You may withdraw this consent at any time by turning off the location services settings and/or ceasing to use the LYKA Service.

3.5

LYKA may at any time require you to provide evidence of government-issued photo or other ID in an approved form and reserves the right to suspend or terminate your Account and/or your use of the LYKA Service if such ID is not provided to LYKA's reasonable satisfaction. You must co-operate with and pass all other identification, anti-money laundering or fraud-protection checks which we may operate. Please note that for compliance purposes LYKA may provide a copy of your ID to our contractors and partners who may also carry out their own checks in addition.

3.6

As part of the registration process you will nominate your own unique password and username (Passwords) to allow you to access your LYKA account and use the LYKA Service. You must keep your Passwords secure in order to prevent unauthorised use of your account. We may require you, from time to time, to change your Passwords and/or update your information. Your Passwords and your Account are for your personal use only and are non-transferable. LYKA does not warrant the security of the Account and Passwords from cyber-attacks, furthermore, you are solely responsible for the security of your Account and liable for any activities made under it. You agree to notify us immediately if you suspect any unauthorized use or access of your Account, including if you think that your Passwords may have been disclosed to someone else. If you delay in telling us, or you are at fault or negligent in not protecting your Passwords, or if you forget your Passwords for any reason and you are unable to retrieve them, or your Account is subject to a cyber-attack, you shall bear your own losses resulting from the same, and depending on the circumstances, you may also be held liable for other losses which may arise therefrom. We reserve the right to suspend or terminate your Account and refuse any and all current or future use of the LYKA Service for any reason, such as but not limited to any violation of these Terms.

3.7

Subject always to your compliance with the terms of this Agreement, LYKA hereby grants you permission to use the LYKA Service provided that: (a) your use of the LYKA Service is solely for your own personal use and you therefore must not, nor attempt to, resell or charge others for use of or access to the LYKA Service or for any business purposes; and (b) you must not, nor attempt, to duplicate, resell, transfer, give access to, copy, distribute or otherwise exploit any part of the LYKA Service in any medium, without our written consent. You agree not to engage in any activity that disrupts or interferes with the LYKA Service. Any unauthorized use of any part of the LYKA Service cancels this Agreement and you may not continue to use any LYKA Service.

3.8

Your Account is personal to you for your own private, limited, revocable, non-transferable, and non-commercial use and your account and your rights to access and use the LYKA Service under this Agreement may not be transferred or assigned by you under any circumstances.

3.9

We may close accounts that have been inactive for a period of four (4) months. Any outstanding GEMs (as defined in Clause 5.1) balance related to any such closed account will be treated in accordance with Clause 9.3(c).

4.

Messaging

4.1

The LYKA Service allows all users to send and receive messages including, or attaching, text, photos, video, data and other content and information (User Messages).

4.2

You are responsible for your own User Messages and the consequences of sending them. Without prejudice to that, your User Messages must at all times comply with the content policy for the LYKA Service set out in Clause 7 below (the Content Policy).

4.3

We do not review or monitor nor endorse or recommend any User Messages. We cannot ensure that User Messages are never in breach of the Content Policy. We reserve the right, but do not undertake, to remove User Messages which are in breach of the Content Policy. We may notify law enforcement bodies and public authorities in relation to serious breaches of the Content Policy or of any fraudulent or unlawful activity of which we become aware. We will comply with requests from law enforcement bodies and public authorities and with court orders or other legal demands on the advice of our legal advisers.

4.4

User Messages may contain links to websites and other material operated by third parties. LYKA has no control over such material and separate terms and conditions of use, privacy policies and other provisions will apply to them. This includes any third party payment processors referred to in Clause 8.3.

5.

Trading, Gifting and the your Wallet

5.1

The LYKA Service allows you, through a third-party service provider to:

(a)

buy GEMs using, or convert GEMs back to, fiat money (“Trading”);

(b)

from time to time, generate or earn (“Earning”) GEMs by using the LYKA app;

(c)

otherwise use GEMs in-app or with accredited Lyka Merchants;

as further defined below.

5.2

The LYKA Service allows users of supported devices to buy GEMs through the LYKA Service. Such GEMs are made available and accessible to each registered Account via your Wallet, as further detailed in Clause 8 Wallet. You are responsible for evaluating and selecting the items or services that you wish to avail from accredited LYKA Merchants (“LYKA Merchants”) using the GEMs - subject always to the terms set out in Clause 8.

5.3

GEMs may be bought by users for use in the purchase of goods or services from LYKA Merchants. Earning GEMs (as opposed to buying GEMs) are also made possible through the use of the LYKA app from time to time, specifically, through the creation of content using the LYKA app’s social media platform, or communication through its messaging service, among others. Earning GEMs is/are never guaranteed, however, and the service may be suspended by LYKA at any time. The LYKA Service likewise allows all users to pass around the GEMs from one user’s Wallet to the Wallet of another user. You are solely responsible for any tax compliance in your own jurisdiction related to the use of the GEMs, if any, particularly, local laws, rules and regulations governing the use or surrender of electronic gift cards, gift checks or gift certificates.

5.4

The GEMs service and functionality of the LYKA Service is provided by Blue Cat Global Limited (“Blue Cat”), a corporation duly registered and incorporated under the laws of the HK SAR. All users of the LYKA Service hereto agree to the generation, use, and trading of the GEMs as directed and managed by Blue Cat, under the terms and conditions available here (“Blue Cat T&C"). In the case of any inconsistency between the provisions of this Agreement and Blue Cat T&C, you agree that Blue Cat T&C shall prevail in case of any inconsistency relating to the GEMs functionality and use. The provisions of this Agreement shall prevail should there be inconsistency relating to anything other than the GEMs functionality and use.

5.5

You will enter into a legally binding contract when you commit to buy from, or surrender your GEMs to Blue Cat on the LYKA Service. If you are surrendering GEMs to BlueCat using the LYKA Service, this is understood to mean converting the GEMs back to fiat currency, you will be deemed to have committed to a transaction by accepting and confirming the value to be received for the surrender of the GEMs. If buying GEMs using the LYKA Service, you will be deemed to have committed to a transaction by accepting and confirming the stated price for the GEMs to be issued to you for use to buy goods and avail services of LYKA Merchants, among others. You will be deemed to have committed to a gift or donation when you pass GEMs to another user. You understand that you are prohibited from selling, or reselling any GEMs to other users. Any user found to be involved in the black market trading of GEMs shall be immediately blocked from the LYKA Service in the same manner provided under Clause 7.8 for termination of accounts for violation of Clause 7.

5.6

You must pay for any item which you agree to purchase through the LYKA Service and you must do this using the GEMs. You must not attempt to buy or send a gift in excess of the value of GEMs in your Wallet at any time nor in excess of the limitations set out in Clause 8. If you attempt to do otherwise, the transaction may be refused by the LYKA Service and you will be notified. You must not otherwise attempt to manipulate or influence any transaction on the LYKA Service.

5.7

We are not responsible for, or a party to, the sale of goods or service, or gifts made using the LYKA Service. In each case, you will trade or gift directly with the relevant other user (a transaction) although the transaction will be settled on and using the LYKA Service (and using GEMs). The timings of all transactions which take place using the LYKA Service will be logged in our records. LYKA reserves the right to monitor all payments and transactions involving your Wallet and/or the use of GEMs.

5.8

We do not select, vet or rate users, nor make any promises about the number, identity or reliability of the users that use the LYKA Service nor the content that they share. Please use common sense when using the LYKA app or the GEMs the same way and caution that you would when buying goods and services or making gifts or donations in the physical world.

5.9

You should treat your GEMs as you would cash. If unauthorised or incorrect transactions are made through your Wallet you must report this to us immediately and in any event no later than 30 days after the transaction date. Upon notification, we shall review the circumstances relating to any claim of unauthorized or incorrect transaction and therein determine whether a reversal is possible or in order. You will be notified of the results of the review within 120 days from the time the incident is reported.

5.10

Subject to Clauses 10 and 11, we cannot and do not judge or arbitrate disputes between users of the LYKA Service or between users and third parties. Subject always to Clauses 10 and 11, you must settle any disputes directly with other users and third parties. If a user has breached the Content Policy or their agreement with us we may, but do not undertake to, take action in respect of that. Users are advised to moderate their use of the LYKA Service accordingly.

5.11

Save for the fact that the Wallet functionality is provided by Blue Cat, the Wallet cannot and must not be used for any activity which is conducted outside of the LYKA Service, whether in whole or in part. You understand and commit to use and trade GEMs only within the LYKA Service, for LYKA authorized transactions, with other LYKA Service users, and LYKA Merchants (collectively, the “LYKA Network”) only. Any user found to be involved in the unauthorized or unlawful use of GEMs, or otherwise use the GEMs outside the LYKA Network will be immediately blocked from the LYKA Service in the same manner provided under Clause 7.8 for termination of accounts for violation of Clause 7.

5.12

All LYKA Merchants using the LYKA Service hereby agrees to unconditionally accept and honor all GEMs transferred, sent, transmitted, surrendered, or delivered to it by users of the LYKA Service.

6.

Usage Rights

6.1

By agreeing to this Agreement, you grant to us a non-exclusive, royalty-free, perpetual, irrevocable license, at absolutely no cost, all present and future rights (including any intellectual property or related rights) to do (and to permit our contractors and suppliers, including where relevant Blue Cat) all such acts, such as to use, process, reproduce, modify, adapt, publish, distribute, sell, create derivative works from, translate, and display, in any media or form, your User Messages or any content you share or trade on the LYKA Service as may be necessary in order for us to operate the LYKA Services and enable you to send and receive User Messages, to share or trade content, and for any other legitimate purpose deemed suitable by LYKA.

6.2

By sending a User Message or sharing any content on the LYKA Service you agree that you are granting that user, on a non-exclusive basis, all rights (including any intellectual property or related rights) to do all such acts in relation to your User Message or the content as the owner of that User Message and content may do, and you are confirming that you have waived and/or agree not to assert (or have procured the waiver or such agreement from any relevant third parties) all so-called moral rights. LYKA cannot and shall not be responsible for enforcing such usage rights and accordingly shall not be liable to you for any breach of those rights. You should only send User Messages and sell content in which you are willing and able to grant the above rights. Any User Messages you receive and any content you purchase will also be on the basis of the above usage rights.

6.3

Our and our contractors' and partners' rights to use your User Messages and any content you trade on the LYKA Service shall end when your User Messages or content are deleted from the LYKA Service, subject to such internal back-up copies (if any) that may persist in accordance with our (and our contractors' and partners') standard arrangements. As a general rule, content will be instantaneously deleted from the servers of the LYKA Service as soon as that content has been downloaded onto the receiver's device. The LYKA Service is not a storage service and we cannot and do not provide back-up copies of User Messages and content. You may be able to store content which you send or receive using the LYKA Service on your device. Note that registered users who have downloaded or received User Messages or bought content may continue to use and allow other persons to use these separately after they have been deleted from the LYKA Service if still existing thereafter.

6.4

As between you and us, you agree that all rights (including all intellectual property or related rights) in the LYKA Service, with the exception of your User Messages and content (in which we have the rights in Clause 6.1), throughout the world are owned by LYKA. You are granted a non-exclusive, non-transferable licence of such rights solely to the extent that this is reasonably necessary for your own private and non-commercial use of the LYKA Service in accordance with this Agreement. Decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software in the LYKA Service into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited except to the extent permitted by law. If you need information on interoperability or your rights, please contact us through support@mylyka.com.

6.5

LYKA reserves to itself and its licensors, all rights in and to the LYKA Service not expressly granted to you in this Agreement.

7.

Content Policy

7.1

It is important to understand that we are not a publisher, reseller or retailer of your or any other User Messages or content. We do not act as your or any other user's agent. We are a service provider of the LYKA Service.

7.2

Notwithstanding the above, we reserve the right to determine what types of User Messages and content may be sent and traded using the LYKA Service. Accordingly we have established the Content Policy set out in this Clause 7.

7.3

You agree not to engage in the use, copying, or distribution of the LYKA Service other than expressly permitted herein, including any unauthorised use, copying, or distribution of User Messages or content obtained via the LYKA Service.

7.4

You must use the LYKA Service in a lawful manner and in accordance with this Agreement. You must not attempt to interfere with or disrupt the normal operation of the LYKA Service.

7.5

You must comply in all respects with all data protection and privacy laws that may be relevant to your use of the LYKA Service.

7.6

You acknowledge and agree that electronic transmissions over public networks are never completely private or secure. Therefore, you understand that any User Message you send using the LYKA Service may be read or intercepted by others regardless of whether a particular transmission is stated to be encrypted.

7.7

In relation to your use of the LYKA Service, you must:

(a)

not use the LYKA Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement or our policies, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the LYKA Service or any operating system or in any manner that could threaten the security or integrity of the LYKA Service;

(b)

not do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose, such as, but not limited to, impersonating real persons, hacking of other user accounts, creation of automated bots and fake accounts, etc.

(c)

not transmit counterfeit or pirated material nor otherwise infringe the intellectual property or related rights of LYKA or any third party;

(d)

not transmit any material that is misleading, inaccurate, defamatory, racist, offensive, pornographic or objectionable;

(e)

not use any automated means to access the LYKA Service nor use the LYKA Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

(f)

notify LYKA immediately of any breach of security or unauthorised use or loss of any device via which you access and/or use the LYKA Service;

(g)

not collect or harvest any information or data from any LYKA Service or our systems or attempt to decipher any transmissions to or from the servers running any LYKA Service;

(h)

not use the LYKA Service for any commercial or business activity including to send spam or other unsolicited or bulk communications, chain letters or for pyramid selling or any form of commercial communications or marketing; and

(i)

o-operate with all identification, anti-money laundering, fraud-protection and any other security checks which we and/or Blue Cat may operate.

7.8

LYKA reserves the right to immediately, at its sole discretion, and without notice, deactivate, block or otherwise terminate any Account found to be in violation of Clause 7 this Agreement. Any GEMs in the Wallet of any LYKA deactivated, blocked or terminated Account for violation of Clause 7 shall be confiscated and forfeited in favour of LYKA. Where after an investigation, it has been determined by LYKA, at its sole discretion, that you have unlawfully or maliciously obtained any of your GEMs in your Wallet, such GEMs may be confiscated without prior notice, and returned to its rightful owners or back to Blue Cat, whichever is appropriate.

7.9

By using the LYKA Service, you consent to us collecting and using technical information about the devices and related operating software via which you use the LYKA Service in order to improve our products and to provide any LYKA Service to you.

8.

Wallet & Our Service Fee

8.1

It is important to understand that we are not a bank and that we do not act as a fiduciary or escrow holder in respect of any balance in your Wallet. The Wallet functionality is provided by Blue Cat and is subject to Blue Cat T&C. LYKA is not providing the Wallet and is not responsible or liable for its operation.

8.2

No LYKA app user may be the user of more than one Wallet registered through the LYKA App.

8.3

In order to fund a Wallet with GEMs, payments for the issuance of GEMs by Blue Cat must be made through any permitted payment method available from time to time under “BUY GEMS” in the account owned by the relevant registered LYKA user. Payments to, and surrenders from Wallet will be handled by Blue Cat and any of its third party payment processors, such as PayPal. LYKA will at no time hold or handle your debit or credit card or bank account information. All legal compliance matters relating to anti-money laundering and/or data privacy, including implementation of Know-Yoour-Client protocols are governed by the terms and conditions of Blue Cat’s chosen payment processing provider at any given time. AS such, any concern relating to the same must be coursed through the chosen payment processing provider directly and not with LYKA. LYKA will reflect the GEMs in your Wallet once Blue Cat confirms with LYKA the receipt of payment in cleared funds, or when another user sends you GEMs in accordance with this Agreement.

8.4

Payments received by Blue Cat for GEMs bought by a user is not considered income of Blue Cat, instead it is a fund kept in trust by Blue Cat until the GEMs are used by the user for the purchase of goods or service with a LYKA Merchant. Payment by Blue Cat will be directed by LYKA to such LYKA Merchant upon surrender by the latter to Blue Cat of the GEMs used by a user to pay for goods or services.

Blue Cat, from time to time, may issue you more GEMs (than the value paid for in GEMs) as a marketing strategy or promotion to convince you and other users to use the GEMs. These marketing GEMs do not earn interest, neither are they interest earned from existing GEMs in you’re Wallet, nor are they a gift or donation by Blue Cat to you.

8.5

In order to surrender GEMs for conversion to fiat currency, we or any LYKA Merchant may require you to provide at least one (1) valid government-issued photo ID (such as a passport or driver’s licence), in case of doubt as to the legality of your transactions or the identity of the true owner of the GEMs, which ID may likewise be shared with Blue Cat. Please note that the surrender options of GEMs, from your Wallet may vary depending upon your country of residence and may also vary from time to time.

8.6

Blue Cat will try to process all conversions of GEMs to fiat currency upon surrender as soon as possible, but neither Blue Cat nor LYKA can or shall be responsible for payment processing, banking clearance or other matters that may delay conversions. Please ensure you provide your account details accurately to us and Blue Cat and/or its third party payment processors. You are solely responsible for any errors in information we receive from you.

8.7

All payments to and from an Wallet must be made in your Wallet's base currency (i.e. the currency in which your Wallet is maintained). The base currency used shall be reflected in the LYKA app as “1 GEM = base currency”.

8.8

The timings of all transactions which take place using the LYKA Service will be logged in our records. You may check your transactions and balance of your Wallet when accessing your account. You should be aware that any suspicious activity may be blocked, flagged for internal review and/or notified to the relevant authorities.

8.9

We reserve the right to deduct any applicable taxes for any payments due to you under this Agreement as may be required by law. You remain responsible for all taxes which are payable as a result of any revenue or income you receive as a result of your using the LYKA Service.

8.10

In return for allowing the use of the GEMs to facilitate transactions between you and LYKA Merchants, Blue Cat will deduct and retain (either for itself or to share with its contractors and partners) a service fee of an amount equal to 5% from all payments to a LYKA Merchant made by users using GEMs, to be shouldered by the LYKA Merchant. Blue Cat may change the amount it charges from time to time by notifying you or the LYKA Merchant through the LYKA Service in accordance with Clause 12.3. Please note that Blue Cat may charge further and additional fees for certain Wallet-related activities. You should confirm with Blue Cat the details of any such fee prior to you incurring it but in no circumstances will LYKA be responsible to you for any such fee or cost.

9.

Termination & Suspension

9.1

You may terminate this Agreement at any time by cancelling your account with us by using the termination option in the LYKA app.

9.2

We may terminate this Agreement with or without prior notice to you if:

(a)
any of your User Messages, content or use of the LYKA Service failed to comply with the Content Policy under Clause 7; or
(b)
you are in material or persistent breach of any provision of this Agreement or the Blue Cat T&C or if we close your account under Clause 3.9; or
(c)
we intend to cease providing the LYKA Service;in each case that allows notice, it shall be in accordance with Clause 12.3.
9.3

In the event of termination:

(a)
we will automatically delete your account and any retained User Messages and content you have sent, received, uploaded or downloaded using the LYKA Service and we therefore strongly advise that you keep a backup of any such User Messages and content (see Clause 6.3) if this is material or important to you. Note that we may keep our records of your use of the service for six years or as otherwise required by law;
(b)
you must immediately cease all activities authorised by this Agreement including your use of the LYKA Service and you must immediately delete or remove the LYKA app from all of your devices; and
(c)
we or Blue Cat will allow you to surrender for fiat currency conversion, the GEMs that remain unused prior to termination in accordance with this Agreement and the Blue Cat T&C, PROVIDED, that we or Blue Cat shall not be required to make any payment to the extent that it is necessary or prudent for us to retain moneys in respect of disputes, potential liabilities or for legal or regulatory reasons. If you fail to provide us or Blue Cat with bank account information to enable this and LYKA is unable to make contact with you within one (1) year of the effective date of termination of this Agreement, LYKA or Blue Cat reserves the right to donate any outstanding balance in your Wallet to a charity selected by LYKA.
9.4

LYKA may at any time suspend with immediate effect the provision to you of all or any element(s) of the LYKA Service in the event that you fail to comply with any provision set out in this Agreement or in Blue Cat T&C and/or if LYKA otherwise considers it necessary to protect the security and integrity of the LYKA Service or to comply with its legal obligations. By way of example, in the event that you fail to provide information and documentation sufficient for LYKA and/or Blue Cat to comply with its respective legal obligations relating to anti-money laundering, then LYKA would be entitled to deny you access to all financial and transactional elements of the LYKA Service but may (in LYKA' discretion) still allow you to use the instant messaging elements of the LYKA Service.

10.

Liability

10.1

We will use reasonable care and skill in providing the LYKA Service but we cannot promise that the provision of the LYKA Service will be uninterrupted or will be free of inaccuracies or errors. We will give you as much reasonable notice as we can of any service interruptions, for instance when it is necessary to carry out planned maintenance work but we cannot provide formal service level commitments. Accordingly the LYKA Service may not meet your particular requirements and you may wish to consider alternative solutions which may involve additional cost.

10.2

Except as set out in this Agreement all other terms, conditions, warranties, undertakings and representations (including any implied by law) regarding the LYKA Service are expressly excluded to the fullest extent permitted by law.

10.3

The LYKA Service is not intended to provide permanent storage for your User Messages. You are strongly advised to retain backups of your User Messages using your own system or device (see Clause 6.3). Please take care to verify the suitability and compatibility of the LYKA Service with your device prior to use.

10.4

Our responsibility for anything that happens on the Service is limited as much as the law will allow. If there is an issue with the LYKA Service, we can not know what all the possible impacts might be. Hence, you agree that we won’t be responsible for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information or Account. Further we shall have no liability for any failure that is attributable to:

(a)
your own fault, including due to errors made by you when connecting with other users, or for transactions with LYKA Merchants, or when entering amounts or other details, or your breach of this Agreement; or
(b)
any fraudulent activity or misrepresentation by you; or
(c)
a third party unconnected with our performance of this Agreement including the Wallet provided by Blue Cat, including problems due to communications network performance, congestion and connectivity or the performance of your device; payment processing, banking clearance or other delays; or
(d)
any other event(s) which neither we nor our contractors or partners (including Blue Cat) could have foreseen or forestalled even if we or they had taken reasonable care.
10.5

As the LYKA Service is for personal and non-commercial use only we shall not be liable for any loss of profit or goodwill or business costs, losses or liabilities of any kind.

10.6

Notwithstanding the above, we do not exclude our liability for death or personal injury caused by our negligence or any other liability the limitation or exclusion of which is prohibited by law.

10.7

You must compensate us for any loss or damage we may suffer arising out of your improper use of the LYKA Services or your breach of any law or the rights of a third party.

10.8

Except where there has been confirmed unauthorised use of your Account or clear technical error on our part, you must not seek to cancel, withdraw, seek chargebacks in respect of or otherwise dispute any payment made in to your Wallet.

10.9

Without prejudice to LYKA's other rights or remedies, if you do seek to dispute any transaction made relating to your Wallet in breach of Clause 10.8, or we reverse a refund under Clause 5.8 or otherwise, you will be responsible for the relevant amount, and LYKA may elect to recover the relevant amount by reducing your Wallet balance by the relevant amount or by charging your debit and/or credit card(s) for the relevant amount. Furthermore, LYKA reserves the right to charge you any cost(s) we reasonably incur as a result of exercising our rights by taking the action(s) described in this Clause 10.9.

11.

Complaints

You may submit a complaint regarding LYKA, the LYKA Service or any other user by sending us an email in accordance with Clause 12.3. We will review each complaint and if necessary conduct an investigation in a timely manner. We reserve the right to suspend or terminate any user if LYKA reasonably believes that such complaint is substantiated and/or that the relevant user is in breach of their agreement with us. We also reserve the right to pass a complaint to Blue Cat if we deem it appropriate to do so.

12.

General Terms

12.1

LYKA reserves the right to discontinue all or any aspect of the LYKA Service at any time.

12.2

You may only use the LYKA Service in accordance with these Terms & Conditions and the rest of the Agreement (as may be amended from time to time).

12.3

Unless otherwise specified, any notices that you are required to give us under this Agreement should be sent to our email address published from time to time on the LYKA app or LYKA website (support@mylyka.com). We will send any notices that we are required to give you under this Agreement by sending an email to the email address you gave us when you registered or have subsequently updated and/or by notifying you of a change when you next start the LYKA app and/or by uploading notices on to the LYKA website.

12.4

We may transfer our rights and obligations under this Agreement to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under this Agreement. We will wherever possible provide you with prior notice.

12.5

This contract is between you and LYKA. No other person shall have any rights to enforce any of its terms. However, please note that the Wallet functionality is provided by Blue Cat and is subject to Blue Cat T&C, thus, is a contract between you and Blue Cat, or you and the chosen payment processing provider, whichever is applicable.

12.6

The unenforceability or invalidity of any clause in this Agreement shall not have an impact on the enforceability or validity of any other clause. Any unenforceable or invalid clause shall be regarded as removed to the extent of its unenforceability and invalidity. Therefore, this Agreement shall be interpreted and enforced as if it did not contain the said clause only to the extent necessary to make this Agreement enforceable and valid.

12.7

If we fail to insist that you perform any of your obligations under this Agreement or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have given up or waived our rights against you and it will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

12.8

This Agreement constitutes the entire agreement and understanding between the parties involved to this Agreement, and supersedes all prior and contemporaneous negotiations and understandings between the parties, whether oral or written, expressed or implied.

12.9

We cannot be responsible for any failure or delay in providing the LYKA Service because of factors which could be reasonably considered outside our control such as public communications network performance, congestion and connectivity, the performance of your handset or other equipment and unpredictable events such as adverse weather conditions or technical failures (including where such technical failures are as a result of the activity of hackers) which might disrupt our business despite our reasonable preventative measures and steps to overcome them.

12.10

We will try and solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement you and we may agree to refer the matter to arbitration but you and we are not restricted from bringing court proceedings in HK-SAR, where the terms herein shall be governed by, and construed in accordance with, HK-SAR law.