Terms and Conditions

Last Updated; February 16, 2022

This is a Terms and Condition Agreement (“Terms”) between the customer (“customer(s)”, “you”, “your”) and LYOTECH LABS (“LYOTECH LABS”, “we”, “us”, “ours”). These Terms govern your access to and use of all parts of the website and mobile application branded as LYOTECH LABS and referring to the domain lyotechlabs.com and https://shop.lyotechlabs.com/ (the “Website”, “App”) and all documents, data, materials or other information made available on the Website.

By accessing, visiting, purchasing, using or clicking the “Login” button on the Website, you agree that you have read, understood and accepted all of the Terms stipulated in this agreement and you are legally bound by these Terms as well as our Privacy Policy & Cookie Policy.

  1. DEFINITIONS
    1. “LYOTECH LABS” is an R&D company that works on the development of software and hardware products.
    2. “Product” refers to the items displayed in the Website available for purchase by the customers.
    3. “Personal data” means any information which relates to a living individual and can be used to identify that individual. It must also exist in a form which access to or processing of is practicable.
    4. “Customer(s)” means any person, visitor, or user who visits the LYOTECH LABS’ Website and any person who purchases our Product and services from our online Website.
  2. GENERAL TERMS
    1. Legality - These Terms constitute a legal agreement and creates a binding contract between you and LYOTECH LABS.
    2. Eligibility – Only persons who can enter into a legally binding contract are eligible to purchase our Products using our Website. A minor who is under the age of 18 years can only purchase through his or her parents or guardian.
    3. Supplementary Terms - These Terms between you and LYOTECH LABS do not cover all rights and obligations. Therefore, the Privacy Policy, Cookies Policy and all other agreements entered into separately between you and LYOTECH LABS are deemed to be considered as Supplementary Terms that are an integral part of these Terms and shall have the same legal effect.
    4. Changes to the Terms– These Terms are reviewed regularly and updated according to the internal policies, applicable laws and regulations. LYOTECH LABS reserves the right to change or modify these Terms at its discretion at any time and it will notify the updated version at the top of this page. When an updated version of the Terms is released, and if the Customer continues access to our Website means that the Customer agrees and consents to the updated content of this Terms.
    5. Restrictions – LYOTECH LABS reserves the right to choose markets and jurisdictions to conduct business and shall restrict or refuse some Customers due to internal policy decisions.
  3. ACCOUNT SETUP
    1. Registration of LYOTECH LABS Account

      2. In order to make any online purchase, you will need to register on our Website by giving your personal identification details. You acknowledge to ensure that your name and password to access the Website is kept confidential.  In the event you believe that your username or password is being hacked or is likely to be used by any third parties, you should immediately notify us. We shall have the right to refuse access, suspend temporarily or delete the account or edit the contents at any time without notice.

    2. Personal Data

      3. LYOTECH LABS has the right to collect, process, use or disclose your Personal data in accordance with the Privacy Policy and Cookie Policy. Please visit our Privacy Policy to understand how we collect, store, share and protect your Personal data.

    3. Access

      4. LYOTECH LABS services can be accessed directly using the lyotechlabs.com Website.

    4. Account Security
      1. LYOTECH LABS is committed to maintain the security of a Customer’s account.
      2. You shall agree to treat your access credentials (Username & Password) as confidential information, and not to disclose such information to any third party.
        • You also agree to be solely responsible for taking the necessary security measures to protect your account and personal information.
      3. In order to circumvent loss, misuse, unauthorized acquisition or alteration of your data, Customers are requested to choose the strongest password and to take appropriate steps to logout from LYOTECH LABS at the end of each visit.
      4. In the event of any unauthorized access, the LYOTECH LABS insists the Customer to notify the Customer support immediately.
      5. LYOTECH LABS will never under any circumstances ask you for username, IDs, passwords, any authentication codes, and we assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of LYOTECH LABS and/or failure or act on any notices or alerts that we may send you.
  4. LYOTECH LABS PRODUCTS AND SERVICES

    5. All Products and services depend on its availability in stock and it may cause you inability to meet your order in case of its absence.  All Products and services provided on our website are for personal use only; none of these Products and services are authorized for commercial or industrial use, unless it is explicitly stated.

  5.  TRADEMARKS, INTELLECTUAL PROPERTIES AND COPYRIGHT NOTICE

    6. These Terms grant limited license to access and use our services and hereby you agree that all the text, graphics, user interfaces, visual interface, images, Logos, sounds, process flow diagrams, computer code, programs, software, Products, information and documents, design, structure, page headers, layout of any content included in our Website are exclusively owned, controlled, licensed and they are strictly subjected to trademark, service mark, copyright and other intellectual property rights by LYOTECH LABS  and/or licensors and affiliates.

  6. RESTRICTION

    7. In the event of attempt to access any part of function of the properties without authorization or any networks of LYOTECH LABS services, violate any security or authentication measures or impersonate or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you sent to LYOTECH LABS or using our services in any illegal manner, LYOTECH LABS may take the below mentioned actions under relevant regulations without your consent or prior notice;

    1. Suspend the account temporarily
    2. Freezing your account
      • Reporting the incident to the relevant authorities
    3. Deleting any information, you published that are found to be violations
    4. Terminate your account
  7. PROTECTION

    8. We ensure to take all appropriate steps to have our Website free from any viruses and you shall make sure to use the appropriate programs and software for detecting viruses and any other malicious content online on your computer or smartphone.

    Be aware and cautious, where you may encounter many websites, which may seem similar to the official Website and claim to be selling our Products. In such an event, we shall not be responsible for any fraud or fraudulent attempts by other websites. You can access us to use our Products and services only through our official Website https://www.lyotechlabs.com/ and https://shop.lyotechlabs.com/.

  8. PRODUCT VISUALS

    9. Images and Colors in our Products shown on our Website depend on many factors. It must be understood that the actual images, colors, dimensions, shapes and including display settings used on the site may not actually reflect the original Product’s color, dimensions and other of the original Product. The images shown here therefore are taken as being placed for illustrative purpose only and also, we may change them from time to time without prior notice. We provide dimensions and measurements with the description of Products, and it is your responsibility to ensure that the actual size of each Product fits your purpose.

  9. PRIVACY POLICY & SAFEGUARDING YOUR DATA

    10. Our Privacy Policy governs access to and use all parts of our Website and it applies to all visitors, Customers, clients and others who access or use our Website. The purpose of the Privacy Policy describes how, why and when LYOTECH LABS collects, processes and manages Customers’ Personal data through the Website, that are developed to offer LYOTECH LABS services.

  10. ORDER, OFFER & ACCEPTANCE & CANCELLATION OF THE ODER

    11. The order you place through our Website shall be deemed as an offer from you to buy our Products and services. In the event you order more than one item you order represents a set of separate offers for each Product individually. You shall ensure that when you are placing your order, you may not be able to modify or add any more Products. Once your order is sent to us, this will subject to availability of the Products and services ordered.

    Even though we are capable of providing all our Products and services, we reserve the right without disclosing any reasons, not to accept any purchase order at any time. In the event we refuse your order, we shall notify you immediately, with a refund. 

  11. PRICE, PAYMENT AND DELIVERY
    1. Price

      2. All prices of Products listed on our Website are subject to change without prior notice in accordance with the stock availability and promotions of brands. However, it shall be noted that due to market changes the prices of our Products listed in our Website may vary depending on advertising and at the time of purchase. Therefore, LYOTECH LABS reserves the right to correct errors and adjust prices to account for circumstances beyond our control.

    2. Delivery

      3. We deliver internationally. The delivery of our Products shall be made through third party logistic service providers. We do not hold any liability for the loss or damage of any items after they are handed over to third party logistic service providers. Any loss or damage occurring during transportation shall be at your risk.

    3. Payment

      4. LYOTECH LABS may accept payments either by your own Credit/Debit cards. In the event there are any issues in collecting the amount of the purchase made, we shall contact you and if there is a non-acceptance of your order, you will be refunded the full amount as soon as possible within Fifteen (15) working days with the notice of rejecting your order. For order as pre-order, you can request the cancel of your order within ten (10) days, and after that, you will be refunded in the next 15 working days.

  12. EXCHANGE & RETURN POLICY

    13. In the event you are not satisfied with your Order, you shall exchange or return the unopened item within 60 days with your receipt. If the return criteria are not met fully, we may refuse the return. The Return Criteria are;

    1. The Product returned should be unused and unopened. The original seal shall not be broken.
    2. In the event the Product is opened, the LYOTECH LABS reserves the right to decide the acceptance of the Product. 

    If any defect is discovered after opening or using the Product, your Product will not be subjected to return, but those items will be covered under repair or replacement warranty of the manufacturer.  In the event of refunding, we shall refund the price you paid and we shall credit the refund amount to your Credit or Debit card from where your payment was made with. It should be noted that we will not refund any delivery and assembly costs you have paid.

  13. DISCLAIMER

    14. There is a risk that we may be temporarily or permanently not able to provide access to the Website and thus also to the Products and services. LYOTECH LABS do not warrant that (i) the Website will function uninterrupted, secure or available at any particular time or location, or will be error-free or free of harmful components; (ii) any errors or defects will be corrected; (iii) the Website is free of viruses or other harmful components; (iv) any content and data, including your data, will be secure or not otherwise lost or damaged; (v) the results that may be obtained from the use of the services will be accurate or reliable; or (vi) the results of using the Website will meet your requirements or expectations.

  14. LIMITATION OF LIABILITY

    15. You agree and acknowledge that you are making use of our services at your own risk and they are offered on an “AS IS” and “AS AVAILABLE” basis without any representation or warranty. In accordance with the applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

    In addition to the extent permitted by applicable law, in no event whether as a result of Product defect, breach of contract, warranty; tort; copyright, trademark, trade secret, patent and other intellectual property infringement or otherwise, shall LYOTECH LABS or any of its agents or affiliates be liable for any special, consequential, incidental, indirect or exemplary damages, including, but not limited to, loss of profit, loss of use of the Products, cost of substitute Product.

  15. INDEMNIFICATION

    16. You agree and acknowledge to indemnify and hold us, our affiliates, service providers, directors, agents, respective officers, employees, joint ventures, representatives, contractors, licensors harmless from any and all claims, demands, loss, proceedings, suits or damages, cost or expenses including attorney’s fees, any fines, legal fees or penalties imposed by any regulatory authority arising out of or related to any violation or breach of this agreement or any applicable law, or regulations. In such circumstances, LYOTECH LABS reserves the right in sole discretion to control any action or proceedings in the manner it wishes to settle it.

  16. REVIEWS OR COMMENTS

    17. You may submit reviews or comments to our Website and by submitting such review or comment, you will be deemed to have accepted these Terms. Further you agree and acknowledge that you will not submit any content which is false, inaccurate, misleading, defamatory, libelous, harassing, abusive, fraudulent obscene, lewd, unlawful, privacy-invading, vulgar, or otherwise objectionable content.

    By submitting a review or comment in our Website, you grant LYOTECH LABS and its affiliates a non-exclusive, royalty-free, irrevocable, transferable, perpetual rights to use, reproduce, modify, adapt, publish, translate, create derivative works from and publicly display such review throughout the world in any media without any compensation to you. You agree and acknowledge that you grant the right to use the name that you submit in connection with such content, if they choose. 

  17. GENERAL PROVISIONS

    18. You may not assign, sub-license or otherwise transfer any of your rights and/or obligations under these Terms to any third party. You acknowledge that we may assign, sub-license or otherwise transfer any of your rights and/or obligations under these Terms to any third party at any time. We will have no liability to you for any failure or delay in performing any of our obligations under these Terms to the extent that such failure or delay is caused or contributed to by you or by an event or circumstance beyond our reasonable control.

    If any provision of these Terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Terms which will remain in full force and effect.

  18. COMPLAINTS AND DISPUTE RESOLUTION

    19. These Terms are construed in accordance with the laws and regulations of Hong Kong.

    LYOTECH LABS has adopted this Complaints procedure in order to ensure a fair and quick process for handling all complaints that may arise.

    1. Submitting your Complaint

      2. If you have any questions or other inquiries, your first step is to contact us via email indicated in the Website. In the message, please provide the following details:

      1. Full name
      2. Address and any other information that can be required to better identify you.
      3. A summary of your Complaint
    2. Acknowledging your Complaint

      3. We will acknowledge receipt of your complaint within 14 days from the receipt of your complaint and provide you the unique reference number of your complaint. The unique reference number should be used in all your future contact with the Company regarding the specific complaint.

    3. Handling of your Complaint

      4. Once we acknowledge receipt of your complaint we will review it carefully, investigate the circumstances surrounding your complaint and will try to resolve it without undue delay. We shall make every effort to investigate your complaint and provide you with the outcome of our investigation within one (1) month from the date you have submitted your complaint to us. During the investigation process will keep you updated on the handling process of your complaint. In the event that your complaint requires further investigation and we cannot resolve it within one (1) month, we will notify you and indicate the causes of the delay and when our investigation is likely to be completed. Please note that we shall consider your complaint as closed and cease the relevant investigation, in case you fail to respond to our officers within the period of one (1) month from the date of the submission of your complaint.

    4. Final Decision

      5. When we reach an outcome, we will inform you of it together with an explanation of our position and any remedy measures we intend to take. In the event you believe we did not solve your complaint in a satisfactory way after 8 weeks, you have the right to refer your complaint to the Commerce and Economic Development Bureau of Hong Kong.

  19. MODIFICATION

    20. We reserve the right, at our sole discretion to modify, restrict, refuse, move, remove, disable or discontinue, entirely or in part, at any time and without prior notice, these Terms, the services and content, including Customer content, on the Website. You consent to these Terms each time you use the Website and bound by them as currently published on the Website at the time of each use.