Terms & Conditions for Vendors

Welcome to Lycheeapp.org. The following pages contain our Terms and Conditions for vendors, which govern all use of our Services by vendors.

Our aim is to provide vendors with a digital logistic-less platform solution to sell/ handle their services to Customers, offering Customers a simple and quick way of buying service by vouchers online. Any vendor that sells Vouchers or use vouchers to handle a service via Lychee App have accepts the following terms and conditions with Lycheeapp.org

Definitions:

“Lychee Platform” “Lycheeapp” shall refer to logistical digital solutions provided by Lychee Tech Company to vendors wishing to sell their products to their customers through Lychee platform as a logistical solution that serves sales sides in terms of offering the service/product, payment and reconciliation.

“Website”, “App” and “Vendor Platform” shall refer to online digital solutions sales portal including all webpages, subdomains and subparts therein contained provided by Lychee Tech whether accessed via personal computer, laptop, tablet, mobile phone or any other device capable of accessing the information available now or created in the future.

“Customer” shall refer to any individual or organization that uses the platform to purchase or attempt to purchase any goods or services, including but not limited to vouchers, delegate passes, tickets or any similar products or services.

“Service Provider”, “Vendor” shall refer to any individual, partnership, or organization, whether it is a private or public sector, or non-governmental organizations that is responsible for organizing, promoting, and delivering any event, service, or offer of any kind that is available for sale or free to the customers through its store at Lychee platform.

“Product” shall refer to any event, of any nature, including but not limited to entertainment, education, business, sports, family, religious or other types of events where the service providers wishes to promote, advertise and sell vouchers, passes, tickets or any similar service to customers using the platform as a facilitating service for promotion of the event, in addition product refers to Services provided by Lychee Platform to service providers in respect of the service the want to sell through their shop in Lychee app, and may include, but shall not be limited to such services as advertising and promoting the Event on the Website; providing an online website portal that enables Customers to purchase Vouchers for the Service Provider’s Event; delivery of the aforementioned Vouchers to the Customer via either electronic or physical means as agreed between the service provider and Lychee Platform; collection of payment for any Vouchers purchased by the Customer on behalf of the service provider; registration of the Customer’s information; and any other services provided by Lychee Platform to the service as agreed by the parties in writing.

“Voucher” shall refer to any form of paid or free voucher or method of measuring and controlling entrance whether a physical ‘printed voucher, digital voucher, pass, or an electronic form of voucher such as a unique bar code, QR code, reference number which identifies the holder as having purchased or been given permission to have a specific service.

1. Terms and conditions for service providers using Lychee Platform (hereinafter referred to as “LychB”)

1.1 Introduction and scope of Terms and conditions

The following terms and conditions for Lychee Platform users ("LychB") govern all use by you as a service provider (as defined above) of

  1. Lycheeapp websites and domains (including all webpages, subdomains and subparts therein contained,
  2. Any and all services available on or through the Website or otherwise provided by Lychee Platform for the service provider’s product(s), and
  3.  All programs; defined above collectively as the "Services". The Services are owned and operated by Lychee Platform. The Services are offered subject to the service provider’s acceptance of all of the terms and conditions contained herein, without modification, and all other operating rules, policies and procedures that may be published from time to time on the Website by Lychee Platform.
  4. By using or accessing any part of the Services, the service provider hereby agrees to all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website by Lychee Platform.  If the service provider does not agree to any such terms, conditions, rules, polices or procedures, the service provider must immediately cease use of the Services offered through the Website or app.  These terms and conditions of service for service providers (“LychB”) may only be modified on an event-by-event basis through (i) a written Ticketing Services Agreement or written Appendix to this LychB signed by both an authorized signatory of the Service Provider and an authorized officer of Lychee Platform, or (ii) by Lychee Platform List as provided in Section 1.2 below.

1.2 Modification.

Lychee Platform reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this LYCHB at any time. It is the service provider’s responsibility to check this LychB periodically for changes. The service provider’s continued use of the Services following the posting of any changes to this LychB constitutes acceptance of those changes. If any change to this LychB is not acceptable to you as the service provider, then your sole remedy as service provider is to cease accessing, browsing and otherwise using the Services.

1.3 Language.

These terms and conditions of service are provided in the English Language.  We may translate this LychB, Privacy Policy, Information Usage Policy or any other operating rules, policies and procedures that may be published from time to time on the Website into other languages for the convenience of users. Arabic language version of each of these documents is the version that governs use of the Services and in the event of any conflict between the English language version and a translated version, the Arabic language version will take priority.

2. Service Provider’s use of the Services

2.1 The Services.

Lychee Platform hereby grants you a non-exclusive, non-transferable, non-sub-licensable right to access and use the Services solely for the purposes of creating a shop page in Lychee app with respect to, and promoting, managing, tracking, and collecting fees for Vouchers for a product that you have registered on the shop, in each case (1) in compliance with this LychB, and (2) to the extent permitted under all applicable laws and regulations (foreign and domestic) relating to the product. Nevertheless the previous, you shall not, and shall not permit anyone else to, directly or indirectly to:

  • Modify, reproduce or otherwise create derivatives of any part of the Services or Website Content (as defined below);
  • Reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law);
  • Rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes (except for the limited commercial purpose of collecting voucher fees through the platform as a service provider in accordance with this LychB);
  • Remove or modify any proprietary notices or labels on or in the Services or Website or app Content; or
  • Engage in any activity that interferes with or disturbs the Services.

3. Your Obligations as a service provider

To be a registered user of the Services as a service provider you agree to:

  • Provide true, accurate, current and complete information about yourself as prompted by the Website registration form (the "Onboard Registration ") and:
  • Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Lychee Platform has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Lychee Platform reserves the right to suspend or terminate any or all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof).

4. Account, Password and Security

As part of the Platform registration process, the service provider will create a password and account. As the service provider you are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to:

  • Immediately notify Lychee Platform of any unauthorized use of your password or account or any other breach of security, and
  • Ensure that you exit from your account at the end of each session. Lychee Platform cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.

In the event of any dispute between two or more parties as to account ownership, you agree that Lychee Platform shall be the sole arbiter of such dispute in its sole discretion and that Lychee Platform’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

5. Content

5.1 App Content.

You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively the “Content"), contained in or delivered via the Services or otherwise made available by Lychee Platform in connection with the Services (collectively the “Platform Content") is protected by copyrights, trademarks, service marks, trade confidences or other intellectual property and other proprietary rights and laws. Lychee Platform may own the Platform Content or portions of the Platform Content may be made available to Lychee Platform through arrangements with third parties. Except as expressly authorized by Lychee Platform in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Platform Content, or post any Platform Content on any other website or apps or in a networked computer environment for any purpose. Reproducing, copying or distributing any Platform Content for any other purpose is strictly prohibited without the express prior written permission of Lychee Platform. You shall use the Website Content only for purposes that are permitted by this LychB and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.

5.2 Service Provider Content.

The primary purpose of Lychee Platform is to enable the introduction and connection between companies and organizations (Service Providers) and Customers whether in a business-to-business or business-to consumer environment. Therefore, you acknowledge, consent and agree that any and all information submitted by you (initially and/or at any later time) may be stored on Lychee Platform's database, and that certain information including without limitation your picture (if provided), name, company and position, may be publicly presented on the Website. You acknowledge and agree that if you contribute, provide or make available any Content to the Platform (your “Event Information”), you hereby guarantee that your content does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and complies with all applicable laws and regulations (foreign and domestic). In addition, any Event Information you provide must be accurate and truthful. Lychee Platform reserves the right to remove any of your product Information from your shop in the platform at any time if Lychee Platform believes, in its sole discretion, that the Event Information does not comply with this LychB. Furthermore you, as the Service Provider, accept full liability for any damages, recompense or any other form of compensation payable to any user of the app as a result of any inaccurate or misleading product Information featured on the platform. In addition, you agree that Lychee Platform may use your name, company name and logo (whether or not you have made it available through the Website) for the purpose of identifying you as an existing or past client of Lychee Platform both on the Website and in marketing and promotional materials. If a person register for/joins/attends/buy your product via Lychee Platform, you agree to grant Lychee Platform full access and rights to use in perpetuity that person’s personal information includes First Name, Last Name, Company, Job Title, Email and Phone Number and all other added information they input when registering for your product.

6. Conduct and Use of Platform

6.1 Content Policies

You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, to all users of the Services. You agree not to use the Services to:

  • Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • Harm minors in any way;
  • Impersonate any person or entity, including, but not limited to any Lychee Platform representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
  • Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
  • Upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of vouchers and registrations to events listed on the Site and other goods and services being sold or provided in conjunction with such product;
  • Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • Stalk or otherwise harass any person or entity.

6.2 Remedial Rights.

You acknowledge that Lychee Platform does not always pre-screen Content provided or made available by you or any third party in connection with the Services, but that Lychee Platform and its designees shall have the right (but not the obligation) in their sole discretion to:

  • Monitor, alter, edit, or remove any of your Content, in whole or in part, and/or
  • Withdraw and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that Lychee Platform may preserve your Content and may also disclose your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

 (a) Comply with legal process;

 (b) Enforce this LychB;

 (c) Respond to claims that any of your Content violates the rights of third parties; and/or 

(d) Protect the rights, property, or personal safety of Lychee Platform, its users and/or the public. 

You understand that the technical processing and transmission of the Services, including your Content, may involve transmissions over various networks; and/or changes to conform and adapt to technical requirements of connecting networks or devices.

7. Additional Services

Lychee Platform may, upon request, and for such fees as Lychee Platform may establish from time to time in its sole discretion, provide additional services to you beyond the functionality of the app, including without limitation provisions of marketing services, leasing vouchers scanning and other equipment, providing consultants and staff to assist you on the date of your product, and providing dedicated account management services. All such additional services, whether provided prior to, during or following your Event, shall be deemed a part of the Services and subject to all the terms and conditions of this LychB. Such additional services shall be set forth in a written Addendum Agreement to this LychB, Lychee Platform Equipment Lease Agreement, and/or other written agreement between you and an authorized officer of Lychee Platform, and shall set forth the Service Fees and the other terms and conditions relating to such additional services. As a condition to the lease of any equipment, you shall enter into a separate Lychee Platform Equipment Lease Agreement.

8. Service Modifications and/or Suspensions 

Lychee Platform reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. Lychee Platform will not be responsible to you for a refund, in whole or part, of Service Fees for any reason, except those fees related to refunds issued to Customers. You agree that Lychee Platform shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

9. Termination

Lychee Platform, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to pay in a timely manner any fees or other money due to Lychee Platform, or if Lychee Platform believes that you have violated or acted inconsistently with the letter or spirit of this LychB. You agree that any termination of your right to use the Services may be affected without prior notice, and acknowledge and agree that Lychee Platform may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Furthermore, you agree that Lychee Platform shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this LYCHB that by their nature should survive termination of your right to use the Services shall survive including, without limitation, all liabilities on the part of you as the Service Provider to Lychee Platform, all limitations on liability of Lychee Platform to you as the Service Provider, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses.

10. Service for Service Providers

10.1 Use of Personal information

All service providers must act responsibly and lawfully in the handling of personal information obtained through Lychee Platform and the Services

10.2 Creation of the store and Publishing of products

Products published on the service provider’s store, whether content is added by Lychee Platform or content is created by service providers using the service, are the responsibility of the service provider of the product. Lychee Platform holds no responsibility or liability for the Content published on the platform or for the delivery of the product published. This Service is a platform for selling Vouchers for products and services. Responsibilities for producing, delivering and paying for the products rest solely with the service providers. Furthermore, the service provider is solely responsible for paying any taxes, duties or other government-levied fees on vouchers sales for products organized by the service provider.

10.3 Prohibition of products

Lychee Platform reserves the right to prohibit a service provider from using the Service, changing a service provider’s username and/or password or deleting a service provider’s account or cancelling an Event without prior notice if a created product, or action by a service provider, is considered to qualify for any of the following. Lychee Platform bears no liability or responsibility for any losses incurred by the Service Provider as a result of the following actions:

  • Actions that violate the law or this LychB.
  • Inappropriate or unauthorized use of the Services by a service provider.
  • Products for the purpose of recruiting membership for a particular ideology or religion
  • Products that violate public order and morality, such as for the purposes of conducting sexual and obscene acts.
  • Other instances otherwise deemed inappropriate by Lychee Platform.

10.4 Review of Products and Content

Lychee Platform, at its sole discretion, may review the content of all Products that are created by service providers using the Service, according to the guidelines set forth in this Agreement. products that are deemed to be in violation of LychB will be deleted from the store.

10.5 Cancellation, Postponement of Events or changing the Product

Service providers must contact Lychee Platform at the earliest opportunity, and in any event no later than within 24 hours of the decision to cancel or postpone the Event, if an Event organized by the Service provider and published on the store is to be either cancelled or postponed.

The Service provider agrees to inform Lychee Platform as soon as reasonably possible if the event is to be cancelled and, in any event, no later than within 24 hours of the decision to cancel or postpone the Event, if an Event organized by the service provider and published on the Platform is to be either cancelled or postponed.

Lychee Platform has the right to reimburse all customers at its sole discretion in the event of cancellation, postponement or significant change to the Event, or any major change of the product. If the Event is cancelled, postponed or the content or venue of the Event changed significantly, the Service Provider shall reimburse to Lychee Platform in full all vouchers fees or advances already paid to the service providers by Lychee Platform within three (3) days of notification of the cancellation, postponement or a significant change to the Event.

In case of cancellation, postponement or a significant change to the product resulting in the need to refund Vouchers, the service provider agrees to pay Lychee Platform a sum equivalent to the original agreed sales commission on all refunded Vouchers plus an administration fee of US$1000 or equivalent plus any applicable VAT or other government taxes. Furthermore, the service provider agrees to pay Lychee Platform a voucher refund processing fee of US$5.00 per refunded voucher, plus any applicable bank charges or credit card processing charges relating either to the original voucher purchase or to the refund.

Whist Lychee Platform will try to resolve any issues with Customer complaints in order to avoid refunding where reasonably possible to do so, the following refund policy applies to all voucher sales made by Lychee Platform for Events irrespective of the service provider’s own published or unpublished refunds policy. Lychee Platform has the right to process refunds to Customers in full and collect the refund charges from the Service Provider in any of the following circumstances:

  • The Event is cancelled due to any reason
  • The Artist(s) fails to perform for any reason
  • The Artist(s) does not perform for the agreed duration
  • The Artist(s) performs on a different date or time
  • The service provider provides wrong or misleading information to Customers
  • The Event is postponed
  • The venue for the Event is changed
  • The Customer complains that he/she is not satisfied with the event for any reason
  • The vendor provides insufficient information about the event
  • There are security issues at the event potentially placing the Customer or any of their party at risk
  • There is no disabled access to the Event, or to the specific area of the Event for which the Customer has purchased their voucher for
  • There is poor or obstructed view from the seat/location given to the Customer unless this is specifically and clearly detailed to the Customer in writing, prior to purchase of the seat/ticket.
  • There is a problem with the specific seat allocated to the customer
  • There is a lack of air conditioning or heating as appropriate within the venue
  • There is a significant change to the Artist line up, for example a major act from the Event is not appearing at the event.
  • There is a change of entry policy
  • There are delays in event entry
  • There are difficulties with transportation access to the event

11.Voucher Policy

The service provider is to provide the refund policy and entry policy for customers which is to be attached in the Appendix of the product Contract. If no refund policy is provided by the service provider upon signing of the Contract, then Lychee Platform standard event refunds and entry policies will apply. If the service provider provides the refund policy after the voucher sales have started, Lychee Platform’s standard refund policy will apply to all Vouchers purchased prior to the service provider providing the refunds and entry policies.

12. Lychee Platform’s Standard Customer Purchase / Refund Policy.

Vouchers cannot be refunded (other than in the circumstances detailed specifically below), exchanged or transferred.

It is the responsibility of the Customer to be of the correct age required to buy the product. It is the Customer’s responsibility to abide by the entry rules to the venue and the Event, including but not limited to any dress code regulations set by the service provider or the venue. If the customer is declined entry by the service provider, the venue, the venue security staff, the police or any other competent person acting on behalf of the service provider, the venue, police, fire brigade, ambulance or civil defense services for any reason Lychee Platform is not liable to refund the Vouchers. It is the responsibility of the customer to attend the event at the correct time and on the correct date. Lychee Platform will not issue refunds for unused Vouchers due to the Customer failing to get the product at the right time for any reason whatsoever. Lychee Platform accepts no responsibility for any personal property lost or stolen, or injury incurred at the Event or when handling or using the product.  Customers should also check with the venue and/or service provider in advance to determine if any other items are banned from the venue, such as, but not limited to portable chairs, tripods, selfie sticks, food, drink, etc.  Lychee Platform will not be held responsible for loss of any banned items confiscated on entry.  Lychee Platform will not be responsible for any lost or damaged Vouchers.

Vouchers issued to Customers are not permitted to be resold. Anyone buying resold vouchers will not be admitted to the event or service handling. Exchanging of vouchers or categories is not permitted. One person is admitted per one voucher (unless otherwise stated). The voucher is valid only for the specified show and cannot be reused across multiple events, or for different products.

The service provider and the venue reserve the right to refuse admission at any time without giving cause or reason. No re-entry is allowed to the venue. All voucher holders must have a valid photo identification document such as a national ID card, passport, or driver’s license along with the credit card used to purchase the ticket if the voucher is not free. The service provider reserves the right to refuse entry to any Customer who fails to present the above required documents upon request at entry.  In such cases where the Customer has purchased more than one voucher, then all members of the party entering with the paying Customer should enter the venue at the same time.

Customers are eligible to apply for a refund in writing to Lychee Platform within 30 days after the Event or, in the case of cancelled or postponed Events, within 30 days of the date of the announcement that the Event is postponed or cancelled, in following circumstances only:

  • If the Event is cancelled for any reason
  • If the main Artist cancels
  • If the main Artist fails to perform or is incapable of performing
  • If the main Artist does not perform the agreed duration
  • If the main Artist moves the performance to a different date or significantly different time.
  • If the Event is postponed for any reason
  • If the venue of the event is changed to a location significantly different to the original venue location

Lychee Platform will consider applications for refunds based only on the above circumstances detailed above, but may request specific documentation in support of any such requests.  Minor changes in performance times or performance durations will not be considered justifiable reasons to issue a refund.  Changes to supporting artists will not be considered a justifiable reason to issue a refund.

13. Equipment Hire and Staff Hire

In order to check in attendees to an Event at the venue, the Service Provider may, at its discretion, scan Vouchers issued by Lychee Platform using the Lychee Platform access control app. Lychee Platform can provide the Service Provider with barcode scanning devices and support staff to assist the Service Provider if requested to do so by the Service Provider.  Any provision of such staff or scanning devices will be subject to a separate agreement between the Service Provider and Lychee Platform.

14. Reconciliation to Service Providers

After Lychee Platform has confirmed that the product has been delivered (the voucher has been redeemed), Lychee Platform will pay the total sales to the Service Provider after subtracting any applicable Service fees from the voucher sales and any other applicable charges as agreed between the Service Provider and Lychee Platform such as staff costs, equipment hire costs, advance payments, government fees, taxes or any other applicable amounts subject always to both parties agreeing sales figures.  Payment will only be made to the Service Provider by Lychee Platform once all money has been received by Lychee Platform from all sales sources, including but not limited to any third-party retail outlets and any third-party websites and affiliates.  Lychee Platform will only pay the Service Provider, once sales figures having been ratified by any governmental body required to do so.  Payment will be made by bank transfer into a bank account specified by the Service Provider. Fees incurred by Lychee Platform in the payment process, such as bank charges or currency conversion charges, will be the paid for by the Service Provider. If the Service Provider fails to send bank account information for payouts to Lychee Platform, payouts will not occur until the required information is submitted to Lychee Platform. Lychee Platform will make all reasonable endeavors to pay the Service Provider within 30 working days after the Event or after the above conditions relating to receipt of payments from third parties or ratification of sales by government bodies has been made, whichever date is the latest.

15. Links to other websites

The Platform and Services provided may include, or third parties may provide, links to other Internet websites or resources. Lychee Platform has no control over such third-party websites and resources, and the Service Provider acknowledges and agrees that Lychee Platform is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources. The Service Provider further acknowledges and agrees that Lychee Platform shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such third-party website or resource.

16. Disclaimer 

The Services are provided on an “as is” and “as available” basis.  Lychee Platform hereby expressly disclaims all warranties of any kind, express or implied, including but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. Lychee Platform makes no warranty that:

  • The services will meet the requirements of the Service Provider, the Customer or any other third party;
  • The Services will be uninterrupted, timely, secure or error-free;
  • The results that may be obtained from the use of the Services will be accurate or reliable;
  • The Services themselves (or any part thereof) will meet the expectations of the Service Provider, the Customer or any third party;
  • Any errors in the Services will be corrected.

Lychee Platform is not responsible and shall have no liability for the content, products, services, actions or inactions of any user, participants or other third party, organizer or Service Provider before, during and after the Event; and Lychee Platform will have no liability with respect to any warranty disclaimed in any of points mentioned above.

The Service Provider hereby acknowledges that Lychee Platform has no control over and does not guarantee the quality, safety and/or legality of Events advertised through the Website or any supporting marketing carried out by Lychee Platform in respect to the Event.  Furthermore, the Service Provider hereby acknowledges that Lychee Platform has no control over and does not guarantee, the truth or accuracy of any user Content (including content provided by the Service Provider, or any third party) or the ability of any user (including the Service Provider, Customers or any third party) to perform or actually complete a transaction using the Website.

In addition, Lychee Platform is not affiliated with, and has no agency or employment relationship with any third-party service provider used in conjunction with the Services and Lychee Platform has no responsibility for, and hereby disclaims all liability arising from the acts or omissions of any such third-party service provider. The foregoing disclaimers shall not apply to the extent prohibited by applicable law. Notwithstanding the foregoing, the Service Provider may report the misconduct of users, participants, Customers, other non-organizers, organizers and/or third parties in connection with the Website or any Services to Lychee Platform. Lychee Platform, at its sole discretion, may investigate the claim and take necessary action.

16. Limitation of Liability 

Lychee Platform shall not be liable under any circumstances or under any legal theory, whether in tort, contract, or otherwise, with respect to the Services, or any other subject matter of this LychB, for:

  • Any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Lychee Platform has been advised of the possibility of such damages);
  • The cost of procurement of substitute services;
  • Any matters beyond Lychee Platform’s reasonable control. Lychee Platform shall have no liability with respect to any Content provided by the Service Provider or any content of any other user of the Services.
  • The foregoing limitations shall not apply to the extent prohibited by applicable law.

 

17. Privacy Policies

All information provided by the Service Provider or collected by Lychee Platform in connection with the Services is governed by Lychee Platform’s Privacy Policy and Information Usage Policy, which are both hereby incorporated by reference into this LychB. Lychee Platform strongly recommends that the Service Provider reviews both the Privacy Policy and Information Usage Policy closely. In particular, the Service Provider should note that Lychee Platform may use information it receives or collects regarding Customers in accordance with the terms of its Privacy Policy, which may include use for marketing or promotion of other events or services that may be of interest to such Customers. Further, any information submitted or provided by the Service Provider in respect of the Services may be publicly accessible. Service Provider’s should take care to protect private information or information that is important to the Service Provider. 

Lychee Platform shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Please be aware that if you decide to disclose personally identifiable information via use of the Services, this information may become public. Lychee Platform does not control and shall not be responsible for the acts of the Service Provider or any other users (whether Customers, organizers, participants, other non-organizers or other third parties) of the Services.

18. Trademark Information

The trademarks, service marks, and logos of Lychee app (the "Lychee Platform Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Lychee Platform. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks"), and, collectively with Lychee Platform Trademarks, (the "Trademarks"). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Lychee Platform specific for each such use. The Trademarks may not be used to disparage Lychee Platform, any third party or Lychee Platform’s or third party's products or services, or in any manner, in Lychee Platform’s sole judgment, that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless specifically agreed by Lychee Platform in writing.

19. General Terms and Conditions

  • The failure on the part of either of the parties to exercise or enforce any right conferred upon it by this agreement shall not be deemed to be a waiver of any such right or operate so as to bar the exercise or enforcement of any such right at any time or times thereafter.
  • This agreement constitutes the entire understanding and agreement of the parties relating to the subject matter of this agreement and supersedes, cancels and replaces all prior agreements between the parties which relate to the same subject matter whether written, oral, express or implied, or which would be inferred from the correspondence, oral statements or conduct of the parties, and all such agreements shall be deemed to have terminated by mutual consent with effect from the effective date.
  • No amendments or variation to this agreement shall be effective unless made in writing and signed by each party or its/his duly authorized representative.
  • If any dispute arises out of this agreement, a representative of each party shall attempt to settle any such dispute by negotiation.
  • If the parties are unable to settle any dispute arising out of this agreement within thirty (30) days of such notification of a dispute to the authorized signatories of each party who have executed this agreement, such dispute, arising out of or in connection with this agreement, including a dispute as to the validity or existence of this agreement, shall be resolved by arbitration pursuant to the rules of the arbitration at the International Court of Arbitration of the International Chamber of Commerce in Paris for the time being in force incorporating any amendments or modifications thereto published on or before the date of this agreement (the Rules), which rules are deemed to be incorporated by reference into this Clause.
  • This agreement, save as expressly referred to therein, shall be governed by and construed in accordance with the laws of the service provider country.
  • In the event of force majeure where Lychee Platform is not able to deliver service as per this contract it will not be held liable for any losses or costs involved as a result of such circumstances.
  • Lychee Platform will not be held liable for any losses or claims arising from customers and parties attending the event mentioned in this contract.
  • The Lychee app name and logo are the intellectual property of Lychee Platform and may only be used by the Service Provider with the express written permission of Lychee Platform.

19.Data ownership

  • Any customer data collected during the sale of vouchers will belong to Lychee Platform and may be used in any way consistent with Lychee Platform’s Privacy and Information Usage Polices.

20. Permits

In the geographical area of service provider country, the Service Provider agrees to ensure it has the correct government permissions to enable Lychee Platform to sell vouchers as required by law.

21. Fines

In the product that Lychee Platform incurs any fine issued by the government related to the product in respect of voucher sales, the value of such fines shall either be deducted from the Service Provider’s sales prior to settlement by Lychee Platform or shall be reimbursed in full to Lychee Platform by the Service Provider within 5 working days of payment of the fine if Lychee Platform has already settled payment of sales to the Service Provider prior to the fine being paid.

22.Non-disclosure Agreement

It is understood and agreed that the Service Provider and Lychee Platform may in the course of the Service Provider using the Services provide the other party with certain information that may be considered confidential. To ensure the protection of such information the parties agree as follows:

  • The confidential information to be disclosed under this Agreement (“Confidential Information”) can be described as and includes:

Technical and business information relating to proprietary ideas, patentable ideas and/or trade secrets, existing and/or contemplated products and services, research and development, production, costs, profit and margin information, finances and financial projections, customers, client lists, user database online, database of clients, marketing, and current or future business plans and models, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure. Any database that belongs to Lychee Platform including SMS, Emails, usernames, credit card information, user personal details, photos, IP addresses, Facebook account details or any other information that Lychee Platform stored on its servers or in its third-party service providers such as, Facebook, Google AdWords or any others.

In addition to the above, Confidential Information shall also include, and the parties shall have a duty to protect, other confidential and/or sensitive information which is

 (a) disclosed as such in writing and marked as confidential (or with other similar designation) at the time of disclosure; and/or (b) disclosed by in any other manner and identified as confidential at the time of disclosure and is also summarized and designated as confidential in a written memorandum delivered within three (3) days of the disclosure.

  • The Service Provider and Lychee Platform shall use the Confidential Information only for the purpose of benefiting the other party, or as instructed in writing, signed and stamped by company director.
  • The parties shall limit disclosure of Confidential Information within its own organization to those directly needing the information to perform the Services and shall not disclose Confidential Information to any third party (whether an individual, corporation, or other entity) without prior written authorization by the Service Provider or by the Managing Director of Lychee Platform as applicable. The parties shall satisfy its obligations under this paragraph if it takes affirmative measures to ensure compliance with these confidentiality obligations by its employees, agents, consultants and others who are permitted access to or use of the Confidential Information.
  • This Agreement shall not be construed as creating, conveying, transferring, granting or conferring upon either party any rights, license or authority in or to the information exchanged, except the limited right to use Confidential Information. Furthermore, and specifically, no license or conveyance of any intellectual property rights is granted or implied by this Agreement.
  • If there is a breach or threatened breach of any provision of this Agreement, Lychee Platform shall be entitled to pursue any other legally permissible remedy available as a result of such breach, including but not limited to damages, both direct and consequential. In any action brought by Lychee Platform under this Section, Lychee Platform shall be entitled to recover its attorney’s fees and all the costs pertaining to breach.