Terms & conditions
Welcome to Lyst. Lyst is brought to you by LYST LTD (referred to in these Terms as "we", "us", "our", and "Lyst"). We are a company incorporated in England and Wales, with company number 07132083 and with a registered office at The Minster Building 7th Floor, 21 Mincing Lane, London EC3R 7AG.
1. Basic Terms
You are solely responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display on the Services (including product reviews, the items you select as part of "Saved Items") will be able to be viewed by other users of the Services and through third party services and websites. You can go to your account "Settings" page to disable your account, in which case no one will be able to view your Content and you will be logged out. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you are at least 13 years of age. We do not knowingly market or sell products for purchase by children. You may only buy items from Lyst if you are legally capable of forming a binding contract with Lyst (or if you are under 18 years old, but over 13 years old, with the consent and involvement of a parent or guardian) and are able to abide by and comply with these Terms, and are not a person barred from receiving the Services under the laws of the United States, United Kingdom or any other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you open an account on behalf of a company, organisation, or other entity, then: "you" includes you and that entity; and you represent and warrant that you are authorised on behalf of that entity to bind the entity to these Terms; and you agree to these Terms on the entity's behalf.
The Services that Lyst provides are always evolving and the form and nature of the Services that Lyst provides may change from time to time without prior notice to you. In addition, Lyst may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. Lyst retains the right to create limits on use and storage at its sole discretion at any time without prior notice or any liability to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Lyst on the Services are subject to change. In consideration for Lyst granting you access to and use of the Services, you agree that Lyst and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
2. Account Registration
In order to register, you are required to provide your username, email address and password. You are also able to add a profile picture and bio, and add user preferences.
You agree to register with Lyst and access and use your account solely for personal use. You may not authorise others to use your account.
You are solely responsible for keeping your registration and other personal details (including your username and password) for your account confidential.
You shall promptly notify Lyst of any actual or suspected unauthorised third party access to your account. You shall co-operate with, and assist, us in any action or proceedings by us to prevent or otherwise deal with any unauthorised receipt, access or use of your account by any third party.
You warrant that all registration information and personal details provided to Lyst is true and accurate.
3. Facebook Connect
4. Finding and Buying Out of Stock Items
If an item is out of stock, you may ask us to locate the item on your behalf via the form provided on the relevant product page. We will let you know by email if we are able to locate the item for you. We will then send you a tailored checkout page where you will be able to place the order for the item(s) with the retailer, via Lyst. For orders placed via the tailored checkout page, the terms and conditions above relating to Buying on Lyst via the Integrated Checkout will apply, as well as the relevant retailer's terms and conditions. It is your responsibility to ensure that you review the relevant retailer's terms and conditions before placing the order.
5. Buying Products Through Lyst
Lyst is an online intermediary which partners with some of the world's best known brands to give you a wide array of fashion items to buy.
There are two ways to buy products through Lyst:
a) Buying on a Lyst Partner website
b) Buying on Lyst via the Integrated Checkout
Payments made on Lyst via our Integrated Checkout service will be processed either by:
i. the Lyst Partner directly using the details provided to them by Lyst, or
ii. by Klarna, a third party payment process provider.
When using Klarna checkout on our Integrated Checkout service, you will need to provide your payment information and billing details to Klarna and Klarna will process payment. Your credit card details will not be passed on to the Lyst Partners from whom you are purchasing the products but your billing information will be shared so that the transaction can be completed. In order to place an order on via our Integrated Checkout using Klarna Checkout you will need to accept Klarna’s terms and conditions. Please make sure that you carefully review Klarna’s full terms and conditions before completing a transaction on the Klarna Checkout. More information about Klarna can be viewed below in the Payments section and Klarna's full terms and conditions are available here.
Please note that Lyst has no responsibility for the fulfilment of your order, regardless of how you purchase your items through Lyst. You should contact the Lyst Partner from whom you have bought the item directly in respect of any queries you have on the delivery, refund, exchange or return of the items you purchase.
Lyst Partner Websites
If you are making a payment on one of our Lyst Partner websites, payment can be made by any card accepted by the Lyst Partner that delivers the product. You will be asked to enter your shipping details, billing details and payment details in order to purchase the product from the Lyst Partner.
Payments on Lyst via our Integrated Checkout service
a) Payments processed by Lyst Partners
b) Payments processed by Klarna
For payments made on Lyst via Klarna checkout on our Integrated Checkout service, Klarna accepts a variety of payment options, a full list of which can be viewed in their terms and conditions here.
When you pay for products via Klarna checkout on our Integrated Checkout service, you will in fact, be purchasing a purchasing service (similar to a “token”) for the contents of your basket from Klarna. Klarna will carry out a variety of fraud and credit checks before taking a pre authorisation on your card. Klarna will then issue pre-paid virtual credit card(s) for the amount of the transaction (one virtual credit card per Lyst Partner) and Lyst will pass the details of the virtual credit card(s) plus all relevant customer personal information (to include billing and shipping information but not your payment details), to the relevant Lyst Partner(s) (for details of how this information is kept secure, please see the Payment Security section of our site). Each Lyst Partner will process the payment using Klarna’s virtual credit card and will be responsible for fulfilling the order and shipping it to you. At this stage, you will be entering into a contract for the supply of products with the Lyst Partner. Your card will be charged only once the Lyst Partner has confirmed your order. If for any reason your order cannot be fulfilled, the pre authorisation on your card will be released and no funds will be taken.
Your credit/debit card receipt will show the name “Klarna/Lyst” as you will be buying a purchasing service from Klarna. If you buy from several Lyst Partners in one transaction, your card statement will show separate entries for each Lyst Partner involved in the transaction (each entry on your statement will show the names Klarna and Lyst). For the avoidance of doubt, you will be directly contracting with the Lyst Partner for the sale and supply of goods.
When placing an order on Lyst via our Klarna Checkout you will need to accept Klarna’s terms and conditions. Please make sure that you carefully review Klarna’s full terms and conditions before completing a transaction on our Integrated Checkout service. Klarna’s full terms and conditions are available here.
c) Storage of your information
If the first time you use our Integrated Checkout service is via Klarna checkout, Lyst will not collect or store your payment card details. Payment card information will be provided directly to Klarna at checkout and will be subject to Klarna's terms and conditions.
Lyst members may be offered the option for Lyst to store their payment card details. You may change or delete any existing payment card details attached to your account by going to the "Purchase Settings" section of your account "Settings".
Klarna may require you, or give you the option, to store your billing and payment information at the checkout stage. Any storage of payment details by Klarna will be governed by Klarna’s terms and conditions which can be viewed here.
d) Stripe payment processing
For certain transactions made via our Integrated Checkout, we also use a third party payment process provider called Stripe. When you place an order via our Integrated Checkout in respect of which Stripe processes payments, Stripe will use your credit card (or the Klarna virtual credit card) to process the transaction. For any transactions processed by Stripe, we will provide Stripe with the details of your card (or the Klarna virtual credit card) as well as your billing information. All billing and customer information transmitted by Lyst will be fully encrypted and only used to process card transactions which you have initiated. For further details of how your information is kept secure, please see the Payment Security section.
e) Payment methods
There are certain payment methods that you cannot use on the Services. Lyst Partners/Klarna may not accept:
- Cheques or postal orders
- Cash in any currency
- Purchase orders
- International wire transfers
- Direct debits or standing orders
- Bank transfers
If you are paying for items on our Integrated Checkout using Klarna checkout, Klarna accepts a variety of payment methods, a full list of which can be viewed in their terms and conditions here.
f) General information about online payments
However you pay for an item, you will need to follow instructions on the relevant checkout page. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment, we will not be liable for any delay or non-delivery.
We take reasonable care to make our site secure. All billing and customer information transmitted by Lyst will be fully encrypted and only used to process card transactions which you have initiated. Please note, however, that we are not responsible, and have no liability, for transactions which are made on Klarna checkout or on our Lyst Partner websites.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we are not liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering through the Services.
7. Taxes And Duties
Orders may be subject to additional taxes, duties and charges. Please be aware that the price of a Product may change at checkout if it is subject to any taxes, duties, fees, levies or delivery charges applied in the country you have selected for the delivery of your order. Where possible, Lyst will calculate these charges on your behalf and add them to the total cost of your order.
Where it is not possible for Lyst to calculate and charge additional taxes, duties and charges at checkout, including customs charges, you may be responsible for the payment of these charges when you receive your order.
8. Currency Conversion
You may place an order on Lyst Integrated Checkout from a retailer whose original prices are in a different currency from that applicable to your location. Where this is the case, Lyst will show you the prices in the currency applicable to your location. When calculating the final order price, we add a small percentage (between 1% and 3%) to the total price to account for any currency fluctuations. This is to prevent the order from failing because of real time currency fluctuations. If, when the retailer processes the order, there has been an overpayment, the retailer will refund any such overpayment back to your original payment method via the payment process provider.
9. Accessing The Services
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Services are unavailable at any time or for any period. We reserve the right to modify, restrict access or terminate access to the Services at any time.
From time to time, we may restrict access to some or all parts of our Services.
You are responsible for making all arrangements necessary for you to have access to Services. You are also responsible for ensuring that all persons who access Services through your internet connection are aware of these Terms, and that they comply with them.
10. Content On The Services
All Content you post on the Services (such as product reviews) is the sole responsibility of the person who originated such Content.
Although Lyst does not routinely screen or monitor content posted by users of the Services, Lyst reserves the right to do so and to remove content which violates these Terms (or applicable law) of which Lyst becomes aware, but Lyst is under no obligation to do so. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. If we are notified by a third party that the Content you submit or post is in violation of these Terms or any applicable law, either in letter or in spirit of these Terms, we reserve the right to remove such Content from the Services without notice to you.
Lyst does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed by users of the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Lyst be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Following termination or deactivation of your account, or if you remove any Content from the Services, we may retain your Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, we and other users of the Services may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your Content that other users have stored or shared through the Services.
We allow you to follow other Lyst users and items they have compiled on the Services. By using the Services, you agree to allow other users of the Services to follow you.
11. Your Rights
You retain your rights, including copyright and other intellectual property rights, to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services from time to time, you grant Lyst a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, create derivative works from, and distribute such Content in any and all media or distribution methods (whether now known or later developed).
You agree that this licence includes the right for Lyst to make such Content available to other companies, organisations or individuals who partner with Lyst for the syndication, broadcast, distribution or publication of such Content on other media and services.
You agree that no compensation will be payable to you in respect of any of the foregoing uses by Lyst, or other companies, organisations or individuals who partner with Lyst with respect to the Content that you submit, post, transmit or otherwise make available through the Services. You waive all moral rights (or similar or equivalent rights in other jurisdictions) you have in such Content to the fullest extent permitted by law.
Lyst may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and Lyst's third party partners. You understand that your Content may be used, reproduced or displayed by Lyst's Partners and if you do not have the right to submit Content for such use, it may subject you to liability. Lyst will not be responsible or liable for any use of your Content by Lyst in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Lyst gives you a personal, worldwide, royalty-free, revocable, non-sub-licensable, non-assignable and non-exclusive licence to use the Services (which will include future updates made available to you from time to time provided that you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to these Terms. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Lyst, in the manner permitted by these Terms.
The rights in the Service are licensed, not sold to you. Except to the extent permitted by applicable law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license, rent, make a derivative work from the software in the Services.
12. Lyst Rights
All right (including copyright, trademarks and other intellectual property rights), title, and interest in and to the Services and the Content (excluding Content provided by users of the Services) including but not limited to all information, data, text, maps, graphics, the "look and feel", logos, icons, trade marks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents of the Services, and the underlying code and software in the Services are and will remain the exclusive property of Lyst and its licensors. The Services are protected by copyright, trade mark, and other laws and treaties around the world. All such rights in the Services, Content (excluding Content provided by users of the Services) and related material are reserved.
LYST is a registered trade mark of LYST LTD. Both the trade mark and the Lyst logo are owned by us and cannot be used without our prior written consent. Nothing in the Terms gives you a right to use the Lyst name or any of the Lyst trade marks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Lyst, or the Services is entirely voluntary and Lyst will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to you.
You may print off one copy, and may download extracts, of any page(s) from our Services for your personal reference and you may draw the attention of others within your organisation to material posted on our Services. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not copy any part of the Content, with a view to creating or compiling any form of collection, compilation, directory or database unless we provide you with our prior express written consent to do so.
If you copy or download any part of the Services or Content in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
13. Restrictions On Content And Use Of The Services
You shall not use the Services:
- a) in any way that violates any local, national or other laws or regulations or any order of a court in any relevant jurisdiction;
- b) for any purpose that is not permitted by these Terms;
- c) in any way that infringes the rights of any person or entity, including their copyright, trade mark or other intellectual property rights, or other privacy or contractual rights;
- d) to distribute advertisements of any kind or post or otherwise communicate any false or misleading material or message of any kind;
- e) in any way that intentionally or unintentionally harasses, annoys, threatens or intimidates any other user;
- f) in any way that promotes or incites, whether intentionally or unintentionally, racism, bigotry, hatred or physical harm of any kind;
- g) in any way that is abusive, defamatory, inaccurate, obscene, offensive, objectionable or sexually explicit;
- h) to post photographs or images of another person without his/her permission (and if a minor, the permission of the minor's legal guardian);
- i) to promote illegal or unlawful activities or in any way which may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm, distress or inconvenience to any person;
- j) to access, tamper with, cause damage to, or use non-public areas of the Services, Lyst's computer systems, servers or equipment or the technical delivery systems of Lyst's providers;
- k) to access or attempt to access any data of other users of the Services or to penetrate any of the security measures relating to the Services, or to probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- l) in any way that intentionally or unintentionally deceives, defrauds or swindles any other user;
- m) to introduce any malware, virus or other harmful software program that intentionally or unintentionally damages or interferes with the operation of the Services, including but not limited to cancelbots, denial of service attacks, time-bombs, worms, Trojan horses, viruses or any other maleficent software or hardware;
- n) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
- o) to copy, modify, or distribute any other users' Content without their consent;
- p) for commercial purposes other than as expressly permitted in these Terms;
- q) to bypass measures used to prevent or restrict access to the Services;
- r) to solicit or provide unlawful services;
- s) to harvest or otherwise collect information about others without their consent;
- t) to gain unauthorised access to the Services, the server on which the Services is stored or any server, computer or database connected to the Services;
- u) to forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- v) to scrape, crawl or spider or otherwise use the Services or any Content for phishing, spamming, trolling or any unauthorised (commercial) purpose; or
- w) to promote or support or solicit involvement in any political platform or cause, religion (recognised as organised or unorganised), cult or sect of any kind; or
- x) in any way which would violate applicable UK, US or international trade sanctions law.
Lyst reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. Lyst also reserves the right to access, read, preserve, or disclose any information as it reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or; (v) protect the rights, property or safety of Lyst, its users and the public.
Except as permitted through the Services (or these Terms), you have to use the Lyst API if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services.
While we will do what we can to protect the security of your Content and account, we cannot guarantee that unauthorised third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
a) Lyst Promotions terms and conditions (“Lyst Promotion Terms”)
From time to time, Lyst may run promotions, including promotional discount codes, which apply to orders made on the Integrated Checkout on our site. These Lyst Promotion Terms apply to all Lyst promotions. Each Lyst promotion will also have specific terms and conditions. The specific terms and conditions for current Lyst promotions will be displayed in this section and/or in any communication you may receive informing you of the promotion (usually email). If there is a conflict between these Lyst Promotion Terms and the specific promotion terms, the specific promotion terms will prevail.
By using a promotional code and/or taking part in a Lyst promotion you will be deemed to have read and understood the applicable terms and agreed to be bound by them. The Terms displayed on the Lyst sites shall apply to all Lyst promotions.
Lyst promotions only apply to purchases made on Lyst’s Integrated Checkout on our site and are not valid on the websites of any of our Retailer Partners. Lyst promotions are an arrangement between you and Lyst, and not between you and the Retailer Partner. As such, any discount will not be reflected in communications you may receive from the Retailer Partner regarding the order. Lyst promotional codes have no cash value, cannot be transferred, forwarded or reassigned and cannot be redeemed for cash. Lyst promotional codes cannot be used in conjunction with any other offer.
Lyst promotions are not valid for purchases made from Macy's or Bloomingdale's.
For promotional codes, you will need to enter the promotional code in the “Lyst Promo Code” box on the cart page and click “apply” to obtain the discount.
Lyst reserves the right to suspend, change or cancel any promotion, at any time, at our discretion. Lyst may update these Lyst Promotion Terms from time to time and reserves the right to add to them as and where necessary. You should review these Lyst Promotion Terms periodically for changes.
If you return items bought using a promotional offer, any refund you may be entitled to receive will not include the redemption value of that promotional offer. You will receive no more than the amount you paid towards the final basket price.
b) Retailer Partner Promotions terms and conditions (“Retailer Partner Promotion Terms”)
From time to time, Lyst may permit customers using the Lyst sites to take part in competitions and promotions offered by our retailer partners (“Retailer Promotions”). Retailer Promotions will be subject to any specific terms and conditions set by the Retailer Partner and usually available on the Retailer Partner’s website. You should ensure that you read the specific promotion terms and conditions on the Retailer Partner’s website. From time to time, Lyst may identify that a Retailer Promotion is ‘ending soon’ or is a 'limited time offer'. This means that the end date for the applicable Retailer Promotion falls within the next six days. Lyst receives such end date information from our Retailer Partners and takes reasonable steps to ensure that this information is accurate and up to date. Notwithstanding the foregoing, you should ensure that you read the applicable Retailer Promotion terms and conditions on the relevant Retailer Partner’s website for full details and to confirm the end date. By using a promotional code and/or taking part in a Retailer Partner’s promotion on the Lyst sites you will be deemed to have read and understood the terms relating to the Retailer Promotions and agree to be bound by them.
For orders placed via a Retailer Partner’s website, we will provide a promotional code to be entered at the Retailer Partner’s checkout. You must ensure that the promotional code is correctly inputted at checkout to apply any discount to your order. For orders placed on the Integrated Checkout on our site, where a promotion is indicated, Lyst will automatically apply the discount at checkout.
Lyst complies with all applicable UK and US sanctions law in accordance with Lyst’s sanctions policy.
16. The Services Are Available "as-is"
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis.
Without limiting the foregoing, LYST AND ITS PARTNERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY WARRANTIES, REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATION), GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED.
Lyst makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, functionality, compatibility, freedom from defects, timeliness, security, performance, availability, or reliability of the Services or any content thereon. Lyst will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Lyst has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. Lyst makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Lyst or through the Services, will create any warranty not expressly made herein.
We do not provide any warranty or representation that the Services are free from infection by viruses or anything else that has contaminating or destructive properties. You use the Services at your own discretion and risk and you will be solely responsible for any damage to your computer, mobile device or network that results from your use of the Services. We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any Content posted on it, or on any website or application linked to it.
We are not liable to you for any inability to access the Services at any time, for any reason (including but not limited to any planned or unplanned downtime, or any outages on networks (including mobile networks) or when you are not in an area supported by mobile coverage).
17. Limitation Of Liability
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LYST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY:
- (i) LOSS OF PROFITS, SALES OR CONTRACTS;
- (ii) LOSS OF INCOME OR REVENUE;
- (iii) LOSS OF BUSINESS OPPORTUNITY OR GOODWILL OR REPUTATION;
- (iv) LOSS OR CORRUPTION OF DATA OR INFORMATION;
- (v) LOSS OF ANTICIPATED SAVINGS;
- (vi) WASTED MANAGEMENT OR OFFICE TIME; OR
- (vii) ANY INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
ARISING FROM OR IN ANY WAY CONNECTED TO:
- (i) YOUR ACCESS TO OR USE OF THE SERVICES;
- (ii) YOUR DELAY IN USING, OR INABILITY TO ACCESS OR USE THE SERVICES;
- (iii) THE FULFILMENT OF YOUR ORDERS FROM OUR LYST PARTNERS ONCE YOU HAVE PLACED AN ORDER THROUGH LYST, INCLUDING BUT NOT LIMITED TO THE DELIVERY, EXCHANGE, RETURN OR REFUND OF ITEMS YOU HAVE PURCHASED FROM LYST PARTNERS;
- (iv) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
- (v) USE OF ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES; OR
- (vi) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,
WHETHER BASED ON WARRANTY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGES.
NOTWITHSTANDING THE EXCLUSIONS SET OUT IN THESE TERMS, IF WE ARE FOUND TO BE LIABLE TO YOU, OUR TOTAL AGGREGATE LIABILITY TO YOU (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN STATUE OR OTHERWISE) FOR ALL AND ANY DAMAGES, LOSSES OR CAUSES OF ACTION ARISING, BY REASON OR IN CONNECTION WITH YOUR USE OF THE SERVICES, SHALL BE LIMITED TO £100.
NOTHING IN THESE TERMS SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER OR LIMIT OR EXCLUDE OUR LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE OR FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER LAW.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
18. Your Liability
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
You are responsible, and assume liability, for all Content that you add, or link to, the Services. You agree not to hold us responsible for things other users say or do through the Services. If you have a dispute with another user, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
YOU SHALL INDEMNIFY US AND KEEP US FULLY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL LIABILITIES, COSTS, EXPENSES, DAMAGES AND LOSSES, LEGAL COSTS (CALCULATED ON A FULL INDEMNITY BASIS) AND ALL OTHER REASONABLE PROFESSIONAL COSTS (INCLUDING COSTS OF DEFENSE OF CLAIMS, SUITS OR PROCEEDINGS BROUGHT BY THIRD PARTIES)) AND EXPENSES SUFFERED OR INCURRED BY US ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE CONTENT, YOUR BREACH OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS.
We reserve the unconditional right to suspend, withdraw, terminate, amend or restrict access to some parts of the Services, or to the Services entirely, to you at any time immediately without notice for any reason, including (without limitation) in circumstances where;
- (i) we have reasonable grounds to suspect unauthorised or fraudulent use of the Services;
- (ii) we reasonably suspect that you have not complied with these Terms; or
- (iii) we reasonably suspect a breach of confidentiality or infringement of our intellectual property rights by you or a third party;
and to the maximum extent permitted by the law, we expressly exclude all relevant conditions, warranties of any kind (either express or implied) and other terms which might otherwise be implied by statute, common law or the law of equity in relation to any liability that you may claim we owe to you in respect of such suspension, withdrawal or amendment.
On termination of these Terms (for whatever reason) all licences and rights granted to you in relation to the Services shall immediately come to an end.
20. Waiver And Severability
The failure of Lyst to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
21. Governing Law And Jurisdiction
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to or your use of the Services. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
22. Entire Agreement
These Terms are the entire and exclusive agreement between Lyst and you regarding the Services (excluding any services for which you have a separate agreement with Lyst that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Lyst and you regarding the Services. Other than members of the group of companies of which Lyst is the parent, no other person or company will be third party beneficiaries to the Terms.
You acknowledge that you have not, in agreeing to these Terms, relied on any representation, warranty, or undertaking not expressly incorporated in them.
If any provision of these Terms is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
If a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution at the address given below or via e-mail at [email protected]. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Any failure by us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
The Services licensed personally to you and you may not assign, license, sub-license or transfer any right or obligation of these Terms to any third party.
We may transfer any of our rights or obligations under these Terms to any third party but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honor your rights under them.
Nothing in these Terms shall be deemed to constitute a partnership between the parties nor constitute either party the agent or employee of the other for any purpose.
Lyst may revise these Terms from time to time, the most current version will always be available here. If the revision, in Lyst's sole discretion, is material Lyst will notify you via an e-mail to the email associated with your account. By continuing to access or the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Lyst Ltd., The Minster Building 7th Floor, 21 Mincing Lane, London EC3R 7AG. If you have any questions about these Terms, please contact us.
This Agreement has been drawn up in the English language. In case of discrepancies between the English text version of this Agreement and any translation, the English version shall prevail.
Effective Date: 22 July 2021