Thank you for your interest in the services provided by Blue Cat Global Limited (“ BLUECAT ” or the “ Company ”), a HK-SAR company. By using the services of BLUECAT, you agree to be bound by the provisions set forth in this agreement (the “Agreement”).
This User Agreement is made by and between you, the LYKA User, and BLUECAT. We may amend or modify this Agreement by posting on the LYKA App or emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. We may (a) modify or discontinue any portion of the BLUECAT services, and (b) suspend or terminate your access to the BLUECAT Services, at any time, and from time to time, without notice to you in certain, limited circumstances described herein. You agree that we shall not be liable to you or any third party for any modification or termination of the BLUECAT services, or suspension or termination of your access to the BLUECAT Services, except to the extent otherwise expressly set forth herein or the LYKA App Terms and Conditions.
1. DEFINITION OF TERMS
LYKA - refers to a social media mobile application owned and operated by Things I Like Company Limited, a HK-SAR company. It is a free social media platform that allows users to connect, discover new material, share interests, share photos, and allows chat function with other users. It revolves around a Digital Point System, which rewards users for engagement on the platform. Users may receive a LYKA GEM for well-rated posts, sharing content, gaining a following, and spending time on the app.
LYKA GEMs or GEMs - refers to the in-app LYKA Gift checks/certificates in Electronic Mode (GEM), that may be accumulated by Users for interactions in the LYKA. LYKA GEMs are distributed solely by the Company via the LYKA, and through a preset reward system or may be purchased in-app. These LYKA GEMs may be shared among friends, exchanged for goods with partner stores/merchants, and can be collected to purchase gifts from the LYKA Online Store. The LYKA GEMs are also available for sale through the LYKA app. For this Agreement, One (1) GEM is equivalent to One Peso (P1.00).
User - refers to a juridical or natural person who use/uses/used the LYKA and trade LYKA GEMs available through the LYKA. The User’s use of the LYKA and the GEMs hereof shall be in accordance with the terms and conditions of the use of the LYKA. For the avoidance of doubt, anyone using the LYKA or doing business using the LYKA or purchasing LYKA GEMs or accepting payment through LYKA GEMs, is deemed a User.
Company - refers to BLUE CAT Global Limited, a corporation duly organized and existing under the laws of Hong Kong with principal address at 14/F Chun Wo Commercial Centre, 25 Wing Wo St., Central, HK-SAR.
2. GEMS PURCHASED
Users of the LYKA may purchase in-app GEMs from the Company. Purchase of the GEMs from the Company must be made through the “BUY GEMS” option in the account owned by the relevant registered User, and paid for through any permitted payment method available from time to time by the LYKA. Purchased GEMs shall be reflected in the LYKA Wallet.
The LYKA App and BLUECAT helps you make GEMs transfers to and accept transfers from third parties. LYKA App provides a GEMs wallet service where you can store your GEMs. BLUE CAT is an independent contractor for all purposes. The Company does not have control of, or liability for, the products or services that are paid for with GEMs or through the LYKA App. We do not guarantee the identity of any User or other party or ensure that a buyer or seller will complete a transaction. LYKA and BLUECAT is not a money transmitter. LYKA and BLUECAT only assists its Users in electronic gift certificate transactions.
- GEMs purchased using a bank account or credit card may be reversed at a later time, at the discretion of BLUECAT, if, for example, payment for purchases is subject to a chargeback, reversal, claim or is otherwise invalidated. However, unless otherwise reversed, at the sole discretion of BLUECAT, all purchase, transfer, redemption, or conversion of GEMs shall be final, and subject to applicable fee
- GEMs transaction may be unconfirmed for a period of time (usually less than one hour, but up to one day) and never complete if it is in a pending state;
- You agree that disputes between you and BLUECAT will be resolved by binding, individual arbitration with the Hong Kong International Arbitration Center, and you waive your right to participate in a class action lawsuit or class-wide arbitration;
- Please consider carefully before purchasing or holding GEMs, taking into consideration your financial circumstances; and
- Only bank accounts or credit cards issued by banks of the country where you are when you intend to purchase GEMs shall be allowed, i.e. , if User is located in Hong Kong, only Hong Kong credit cards and bank account debit cards shall be authorized for use.
- Accounts are personal and non-transferable. By using BLUECAT serviecs, you agree that you will not create more than one Account with the LYKA App, and that we may, without notice, close or suspend any or all of the Accounts of a User who has, or whom we reasonably suspect has, opened multiple Accounts.
- If you grant express permission to a third party to connect to your LYKA App account, either through the third party’s product or through LYKA, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold LYKA or BLUECAT responsible for, and will indemnify LYKA or BLUECAT from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant, if any.
- Your account with us is not a bank account. Our services are not financial instruments. No interest will be paid on any funds or currency you use to purchase or trade for GEMs, and such currency is not insured by the Company or any government agency.
- The Company may delay GEMs issuance if a customer has not provided personal identifying information, if it reasonably suspects that customer is in violation of the User Agreement, or if further personal identifying information is necessary to establish the identity of the customer (“KYC”). Until completion of such verification procedures, customers may experience delayed processing of GEMs Transactions or Conversion transactions. The Company will designate any such delayed transaction as “pending,” and funds will not be available until the pending transaction is completed. The Company reserves the right to refuse to process, cancel, or to reverse any User transaction (i) as required by law, (ii) in response to a facially valid subpoena, court order, or other government order, or (iii) if the Company reasonably suspects that the transaction is erroneous, or is in violation of the Blue Cat User Agreement or LYKA App Tems and Conditions
- BLUECAT reserves the right to refuse to process, or to cancel or reverse, any transactions, including purchases or sales of GEMs in its sole discretion, even after funds have been debited from your account(s), if the Company suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to a subpoena, court order, or other government order; if BLUECAT reasonably suspects that the transaction is erroneous; or if BLUECAT suspects the transaction relates to a Prohibited Business and/or Prohibited Use, as set forth below. In such instances, BLUECAT will reverse the transaction. In the cases of purchases using GEMs, we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as any cancelled transaction.
- It is your responsibility to determine what, if any, taxes apply to any payments or transfers you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. BLUECAT is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
3. REWARDED GEMS
Users of the LYKA app may be rewarded with in-app GEMs by the Company, which may be acquired and accumulated through an algorithm based on the User's actual social media interactions in the LYKA. Rewarded GEMs shall be reflected in the LYKA Wallet.
4. TRADED GEMS
Users may trade GEMs, by mere transfer of GEMs from one person to the other through the LYKA. GEMs received from other Users shall be reflected in the LYKA Wallet.
5. PURCHASE OF GOODS/SERVICES, REDEMPTION OR CONVERSION
Users are allowed to use their LYKA GEMs to purchase goods and commodities in-app or redeem prizes in-app. Users are likewise authorized to convert the LYKA GEMs to its cash equivalent in fiat currency upon surrender of the GEMs to the Company (“Conversions”).
6. SERVICE FEE FOR CONVERSIONS
Users who opt Conversions shall be required to surrender the GEMs to the Company, using the LYKA. Further, Conversions shall be subject to a service fee of Five (5%) percent of the total amount of the LYKA GEMs to be converted, which fee shall be automatically deducted from the cash equivalent prior to release. This fee shall be net of any applicable taxes, if any. For the avoidance of doubt, in case the five (5%) percent service fee is equivalent to HKD 5,000, and the tax applicable is HKD 10, the Company shall receive the full amount of HKD 5,000 and User shall be liable to pay the HKD 10.
Users who choose Conversions are required to nominate, through the LYKA, their bank account of choice where the User shall expect the cash equivalent to be credited. Once the cash equivalent option is initiated, processed and confirmed in-app, notice will be given by LYKA to the Company to remit to the nominated bank account the cash equivalent of the surrendered LYKA GEMs within three (3) to seven (7) banking days. For this Agreement, the nominated bank account of the signing party shall be that account as provided in your registration with the LYKA App.
The Company will process all Conversions within the timeline provided, but neither the Company nor LYKA can or shall be responsible for payment processing, banking clearance or other matters that may delay receipt by the User of the cash equivalent, which causes are dependent on third parties not related to the Company or LYKA. As such, please ensure you provide your account details accurately. The User is solely responsible for any errors in information the Company receives from the User.
In order to surrender GEMs for conversion to fiat currency, the Company may require the User to submit a copy of his/her government-issued ID (if a natural person) or a Certificate of Incorporation/Certificate of Registration and/or the like (if a juridical person), to confirm the identity of the recipient vis-a-vis the owner of the bank account.
All payments arising from Conversions shall use the User’s LYKA Wallet base currency (i.e. the currency in which the User’s LYKA Wallet is maintained). The base currency used shall be reflected in the LYKA app as “1 GEM = base currency”.
The Company shall only allow conversion of the GEMs owned by the User giving instruction for the conversion, as stored in such User’s LYKA Wallet. The processing of sales of goods and services using the LYKA GEMs are in accordance with the instructions received from its Users. However, LYKA and BLUECAT does not guarantee the identity of any User, receiver or other party.
The timings of all transactions which take place using the LYKA will be logged in its records. As such, Users may check its transactions and balance in the LYKA Wallet when accessing the LYKA.
9. UNAUTHORIZED USES
Users are prohibited from using any BLUECAT Services, services provided to or in relation to other Users, and related third party services, for or in relation to certain activities which contravene the Agreement (“Unauthorized Uses”). This prohibition is designed to protect LYKA GEMs Users from wrongdoing and ensure compliance with local laws and international norms.
These categories are not exhaustive and are designed primarily for illustrative purposes. Any use of the services for the purpose of facilitating, participating in, or acting in relation any Unauthorized Uses can lead to service disruptions, changes in services, account deactivation or reporting to law enforcement. If you believe you are using GEMs or the BLUECAT services for one of the purposes below or are seeking to use BLUECAT services for that reason, or are unsure whether your use or intended use may be a Prohibited Use, you may contact Company or LYKA App for clarity.
Prohibited Uses include transaction or activities related to:
- Investment Schemes: Support of pyramid schemes, paluwagans, ponzi schemes, network marketing, unlicensed investment vehicles, deceptive charity schemes, referral marketing programs or multi-level marketing programs;
- Fraud: Provision of any false, deceptive, inaccurate or misleading information to Coins, Coins users, or other third parties for pecuniary gain or other ends;
- Gambling: Online gambling, lotteries, casinos and informal gambling, gaming operations, sports betting, and other games of chance and forms of speculation;
- Unauthorized Financial Institutions and MSBs: Unlicensed money transmission, unlicensed financial services, and other unregulated financial operations. This also includes securities brokers, unlicensed investment vehicles, check cashing services, collections agencies, and bail bonds;
- Drugs: Illegal narcotics, drug paraphernalia, commercial drugs and other controlled substances, and other mind or body altering substances presenting a public health risk;
- Stolen Items: Stolen goods including digital and virtual goods, all goods for which seller does not have clear title;
- Intellectual Property Infringement: Items that infringe or violate any intellectual property rights, including trademark, copyright, privacy or any other proprietary rights. This includes the selling or facilitating of sales of counterfeit or unauthorized goods or activities related thereto;
- Shell Companies: Entities that appear to have no genuine business purpose or are otherwise designed to operate for a purpose other than that which they purport to operate under are prohibited;
- Bearer Shares Entities: Customers transacting with, on behalf of, or in relation to entities for which the identity of beneficial owners are not known and in which ownership stakes are freely alienable are prohibited;
- Adult Services and Media: Services involving prostitution, sale of illegal pornographic materials, and forms of human trafficking;
- High Risk Entities: Any individual, group, or entity deemed to pose an inordinately high risk to Coins, its customers, or other third parties may be considered unacceptably high risk and an unauthorized user;
- Violence: Violent acts towards self or others, or activities or items that encourage, promote, facilitate or instruct others regarding the same;
- Coercion: Extortion, blackmail, or efforts to induce unearned payment; and
- Weapon Sales: Unlicensed sale of firearms and certain weapons.
10. DISPUTES WITH BLUECAT
You agree to indemnify and hold BLUECAT, its parent, the officers, directors, agents, joint venturers, and employees harmless from any claim or demand (including attorneys’ fees) arising out of your breach of this Agreement or your use of BLUECAT services.
Release of BLUECAT
If you have a dispute with one or more users, you release BLUECAT (and our parent, officers, directors, agents, joint ventures, employees and suppliers, subsidiaries, affiliates) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, this release extends to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.
Disputes with BLUECAT
If you think we have made an error, email us at firstname.lastname@example.org In your correspondence, you must give us information sufficient to identify you, your account, and the transaction on which you believe an error occurred. You must contact us within 30 days after the transaction occurred. Within 90 days of receiving your request, we must either correct the error or explain to you why we believe the transaction was correct.
The Company does not operate as an electronic bank, exchange, remittance facility, or acquirer of virtual currency, or any financial institution. For this purpose, the Company is only responsible for the conversion of gift checks/certificates it issued to Users, whether as purchased, rewarded or traded, in accordance with the use of the LYKA. This agreement shall not give rise to any bank-depositor relationship. The Company only guarantees Conversions of GEMs. Trading of GEMs to purchase goods or commodities, or the redemption of prizes shall be subject to LYKA’s terms and conditions for purchase through its on-line store or the Lyka Shop. This User Agreement shall always be subject to the terms and conditions of use of the service of LYKA or the Company, as provided in the LYKA. Relatedly, all provisions of the LYKA Terms and Conditions, including its dispute settlement procedure, shall likewise apply to this Agreement, so far as it does not directly contradict the provisions herein stated.