Terms of Use

Our Lyte applications (each, an “App“), including the Lytepay platform portal (the “Site“) and any of the services accessible through the App or the Site (the “Services“) is provided by Lyte Ventures Pte. Ltd. a company registered in Singapore with company registration number 201723769K (hereinafter referred to as “Lyte Ventures“, “us“, “we” or “our“).

PLEASE READ THROUGH THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE ACCESSING THE APP, THE SITE OR ANY OF THE SERVICES.

Acceptance of our Terms

You accept the Terms by using or browsing the App, the Site, or any of the Services. You may also accept the Terms by accepting or agreeing to the Terms wherever this option is made available to you in the user interface of the App or the Site. If you do not agree to any of these Terms, then you may not use or access the App, the Site, or any of the Services.

Lyte Ventures reserves the right to review, change, and update any of the Terms at any time in its sole discretion. Any new features or tools which are added to the App, the Site, or any of the Services will also be subject to these Terms. It is your responsibility to check our website periodically for changes. Your continued use of, or access to, the App, the Site, or any of the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

You can review the most current version of these Terms at any time by visiting our Terms of Use.

Copyright and Intellectual Property

Unless otherwise indicated, the Intellectual Property Rights in the App, the Site, or any of the Services, the content, and any other intellectual property arising out of your use of the App, the Site, or any of the Services, are the exclusive property of Lyte Ventures.

While you may be a paying Member, Lyte Ventures grants you a worldwide, non-exclusive, royalty-free, revocable license to access and make use of the App and/or any of the Services.

Lyte Ventures retains all rights, title and interest in and to the App and all related Intellectual Property. Nothing you do on or in relation to the App will transfer any Intellectual Property Rights to you. You may not, without the prior written permission of Lyte Ventures and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the App which are freely available for re-use or are in the public domain.

You hereby assign to Lyte Ventures, upon creation, all Intellectual Property Rights in the App and any other Intellectual Property arising from your use of the App, whether attributed in whole or in part to you or Lyte Ventures.

Privacy

Lyte Ventures takes your privacy seriously and any information provided through your use of the App, the Site, or any of the Services are subject to Lyte Ventures’ Privacy Policy, which is available at https://lyte.co/privacy-policy/.

Disclaimer

The Services and any information contained on or provided through the Platform or the Services are provided on an “as is” basis. Any access to or use of the Services is voluntary. We will regard all access or use as voluntary and at the sole risk of the Corporate User.

We do not make any express or implied warranties, representations or endorsements of any kind whatsoever with regard to the App or with respect to any information, product, service, merchandise or other material provided on or through the Services.

We do not warrant that the functions contained in the Platform or the Service will be uninterrupted or error-free, that defects will be corrected, or that the Platform that is made available is free of viruses or other harmful components.

We do not warrant or guarantee that files that may be available for downloading through the Services will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties. You assume the entire cost of all necessary maintenance, repair, or correction.

Your sole and exclusive remedy for dissatisfaction with the Services is to stop using them.

Limitation of Liability

Lyte Ventures’ total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed (at Lyte Ventures’ discretion) the resupply of the content to you or the equivalent cost of re-supplying the content.

You expressly understand and agree that Lyte Ventures, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Termination of Contract

If you want to terminate the Terms, you may do so by providing Lyte Ventures with fourteen (14) days’ notice of your intention to terminate by sending notice of your intention to terminate to Lyte Ventures via the Contact link on our homepage.

Lyte Ventures may at any time, terminate the Terms with you if:

• you have breached any provision of the Terms or intend to breach any provision; or
• Lyte Ventures is required to do so by law; or
• Lyte Ventures is transitioning to no longer providing the App and/or the Services to Members in the country in which you are resident or from which you use the App and/or the Services; or
• the provision of the Services to you by Lyte Ventures, is in the opinion of Lyte Ventures, no longer commercially viable.
• Subject to local applicable laws, Lyte Ventures reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the App and/or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Lyte Ventures’ name or reputation or violates the rights of those of another party.

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Lyte Ventures have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Indemnity

You agree to indemnify Lyte Ventures, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: –

• all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred suffered or arising out of or in connection with the App and/or the Services;
• any direct or indirect consequence of you accessing, using or transacting on the App and/or the Services or attempts to do so; and/or
• any breach of these Terms.

Warranties

By accepting these Terms and using the App and/or the Services, you warrant that:

• you will not use the App and/or the Services for any illegal or unauthorised purpose:
• you will not transmit any worms or viruses or any code of a destructive nature onto the App and/or the Services; and
• you will not use the App for any other improper or unintended purpose.

Severability

If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provisions, and any competent court shall endeavour to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect.

Governing Law and Jurisdiction

This Agreement shall be governed by Singapore law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms, the Site, the App or the Services shall be subject to the non-exclusive supervisory jurisdiction of the courts of Singapore to which you hereby agree to submit to.

Dispute Resolution

We will try to resolve any disputes with you quickly and efficiently. If you experience any difficulties in using our services, please contact us as soon as possible. We aim to resolve all disputes amicably within sixty (60) days through mutual communication in good faith, otherwise, the following procedure shall apply: –

Unresolved disputes shall be referred to the Singapore International Arbitration Centre (“SIAC“), in accordance with the Rules of the SIAC as modified or amended from time to time (the “Rules“) by a sole arbitrator appointed by the mutual agreement of the Parties (the “Arbitrator“). If Parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules. The seat and venue of the arbitration shall be Singapore, in the English language and the fees of the Arbitrator shall be borne equally by the Parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

Definitions

“Business Tools and Materials” means inventions, improvements, developments, modifications, discoveries, designs, techniques, ideas, concepts, processes and formulas; software, source code, object code, script, data, programs, software development kits, computer and system tools; and social media platforms and addresses; know-how; works of authorship; licences, business methods, strategies, operational procedures, business plans, product development plans, budgets, unpublished financial statements, sales and other financial data, pricing, production, sales and marketing strategies, customer lists, directories or databases, supplier lists, organisation and personnel contact lists and details; visual features of shape, configuration, pattern or ornamentation; literary, artistic, dramatic or musical works; sound recordings, films, broadcasts or published editions; trademarks; trade, business, company, domain and social media names; products; services; precedents; systems, manuals or policies; diagrams, graphs, charts, plans, drawings or costings; dealings or transactions; technology; research and general business documents, forms and templates.

“Intellectual Property” includes the App, the Site, and any of the Services (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements, and interactive features), and all Business Tools and Materials.

“Intellectual Property Rights” includes all rights relating to any and all of the Intellectual property, copyright and neighbouring rights, and moral rights, whether existing now or in the future, both in Singapore and throughout the world.

“Members” means individuals and/or companies who have signed up, downloaded, or agreed to use the App and/or the Services in accordance with the Terms.

Version 6
Last updated on 28 May 2020