Last updated: January 14, 2025
Effective Date: January 14, 2025
Welcome to Lushot!
This Terms of Use (this "Agreement") is made between YOHO IT SDN. BHD. (the "Company", or the "Website", or the "Application" (including applications for tablets and other smart devices)) and the user of Lushot and its affiliate services ("You" or "Member") with respect to communications with other members and other online services provided by Lushot (the "Service"). By clicking "Sign Up" on the registration forms, You indicate Your acceptance of all the terms and conditions of this Agreement and your registration on Lushot.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK ON "SIGN UP" BUTTON, ONCE THE BUTTON IS CLICKED YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT REGARDLESS OF WHETHER OR NOT YOU REGISTER FOR OR PURCHASE THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY Lushot AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE WEBSITE UPON OUR UPDATING THE APPLICATION WITH THE CURRENT VERSION OF THIS AGREEMENT.
By registering on Lushot, You represent and warrant that
Membership in the Service and registration on Lushot is void where prohibited. By using Lushot, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. All information supplied when registering MUST be accurate, true, and complete in all respects. Where the identification provided is inaccurate or incomplete, suspension of the account may occur until identity verification has been satisfactorily completed, based on our independent judgment. You may not authorize others to use Your membership, and You may not assign or otherwise transfer Your account to any other person or entity. You must keep your password and all account details secret and confidential as you are responsible for use of the Service from your account and any other activities taking place on your account. Any transactions on your account will stand if your username and password have been entered correctly.
If at any time you cease to meet the requirements in this Section, all authorization and access to our Services are automatically revoked, you must immediately delete your accounts on the Services, and we retain the right to remove your access to the Services without warning.
You can create an account via manual registration, or by using your Google, Facebook, or Apple ID(collectively, "Third-party Account") login details. If you create an Account using your Third-party Account login details, you authorise us to access, display and use certain information from your Third-party Account. For more information about what information we use and how we use it, please check out our Privacy Policy.
You may terminate Your membership at any time, for any reason, effective upon receipt of Your written notice of termination by Lushot email: Lushot@gmail.com.
Lushot may terminate Your membership for any reason, with or without explanation, effective upon sending a notice to Your email address provided at registration, or to any other email address provided by You to Lushot. Upon termination by Lushot without cause, You shall receive a refund, pro rata, of any paid fees that Lushot has received from You. If Your membership with Lushot is terminated by reason of violation of this Agreement, or at Your request, You will not be entitled to, nor shall Lushot be liable to You, for any refund of unused fees for using Lushot or its additional services. Used Pay service are non-refundable, except as provided in this Agreement. Notwithstanding Your membership being terminated, this Agreement will remain in full effect.
Lushot is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, businesses, and/or other entities may not become Members and are not entitled to use the Service or the Website/ Application for any purpose. Illegal and/or unauthorized use of the Website/ Application, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website/ Application will be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. You hereby grant, represent, and warrant that You will not create any databases, websites, applications, software, legal entities and services competitive with Lushot. You further guarantee and warrant that You will not use the Website/Application for any commercial purposes, and/or send or receive funds thorough the Website/Application, and/or create accounts with fake usernames. You further guarantee and warrant that You will not be paid for using the Website/Application and services, provided on the Website/Application. Such activity will be investigated, Your membership may be terminated and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.
Subject to your compliance with the terms and conditions set out in this Agreement, Lushot grants you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable license to access and use our Service, only on your personal computer or other smart device for the sole purpose of personally using this service, and if you create a Lushot account by connecting with a third-party platform, such as Google Play, Apple Store, as permitted by the usage rules set forth in the each third-party platform Terms of Service as of the date hereof. The sole purpose of this license is to enable you to use and enjoy the benefit of the Service in the manner permitted by this clause. You may not copy, modify, distribute, sell or lease any part of our services, nor reverse-engineer or attempt to extract the source code of the software, unless applicable laws prohibit these restrictions or you have our written permission.
Lushot owns licenses or otherwise retains all intellectual property rights in the Website/ Application and the Service, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same of Lushot and its licensors. Except for that information which is in the public domain or for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. For matters not expressly authorized in this Agreement, such as commercial sales, reproduction, and permission for any third party to use Lushot, you should separately obtain formal written permission from Lushot.
You agree that any content, messages, photos, videos, audio and video calls or profiles (collectively, "Content") must comply with our Guidelines at Lushot Community Guidelines, as updated from time to time.
You understand and agree that Lushot may at its sole discretion store for review and delete any Content that in the sole judgment of this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other Members or any third parties.
You are solely responsible for the Content that You publish or display ("post") via the Website/Application, or transmit to other Members.
By posting Content to any public area of the Website/ Application You automatically grant, represent and warrant that You have the right to grant to Lushot an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
The following is a partial list of Content that is illegal or prohibited on the Website/Application. Lushot reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this provision including without limitation removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes, but is not limited to, Content that:
You must use the Service in a manner consistent with any and all applicable laws and regulations. Your Content must comply with applicable international, national, and local laws and regulations.
You own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Lushot to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by Lushot and the Agreement;
You may not include in Your profile any telephone numbers, street addresses, real names, URLs or email addresses. You may not include in Your correspondence with other members any URLs, email addresses or telephone and fax numbers.
You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or spam to other Members. Although Lushot cannot monitor the conduct of its Members off the Website/Application, it is also a violation of these rules to use any information obtained from the Service to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect its Members from such advertising or solicitation, Lushot reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Lushot deems appropriate in its sole discretion.
You may not collect data from Lushot either from authorized and not authorized zones through automated means (bots, spiders, scrapers or equivalent means), or by establishing fake user accounts or by anonymous proxy servers or equivalent measures, or by circumventing any technical measures to prevent forbidden activity on Lushot. You may not collect data from Lushot authorized zones by any other means including manual collection of data.
To ensure the quality of the Service provided, Your communication through the Website/ Application may be recorded.
Lushot reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this Section including without limitation removing the offending communication from the Service and terminating the membership of such violators.
In order to facilitate your use of the Lushot, the Service may use third-party services, and the results of such use and access are provided by the third party (including but not limited to the services and contents provided by the third party that you jump to through the Service, or accessed by said third party through Lushot). In addition to the terms of this Agreement, you shall comply with the user agreements of third parties in using services provided by third parties on the Lushot device. Lushot cannot guarantee the security, accuracy and validity of the services and contents provided by third parties and other uncertain risks, and you shall solely bear relevant risks and responsibilities arising therefrom.
Whether the third-party services are pre-installed in the Lushot device or activated or subscribed by yourself, you understand and agree that Lushot disclaims all express or implied warranties with respect to the security, accuracy and validity of the services and contents provided by third parties and other uncertain risks.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Lushot are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Lushot.
Parties other than us may provide services or sell products through Lushot. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses, nor the content of their product and service offerings. We do not assume any responsibility or liability for the actions, product, or content of these or any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
Any dispute between you and the above third-party services providers shall be settled by you and such third party with you taking relevant responsibilities, if any.
You acknowledge that we may release updated versions of Lushot at any time we deem appropriate, adding new features or enhancements or removing features. You consent to automatic upgrades on your mobile device and agree that the terms and conditions of the Agreement will apply to all such upgrades. You agree that we will not be liable to you for any such modifications.
If we believe in good faith that you have violated any of the terms and conditions of the Agreement or any applicable law, we may terminate any account you have with Lushot or your use of Lushot or any component thereof and remove and discard all or any part of your account or any of your User Submissions, at any time and at our discretion. You agree that any termination of your access to Lushot or any account you may have on Lushot or component thereof may be effected without prior notice, and you agree that we will not be liable to you or any third party for any such termination.
If you believe that revoking your license, any authorization to access and/or use Lushot, and terminating your account for failure to comply with our rules on the minimum required user age per terms of this Agreement is unjustifiable, please contact us by email or use available in App mechanism to directly appeal the decision. You will have to verify your age and compliance with the terms of our Agreement by providing us with a Photographic image of you and your form of identification that can confirm the date of your birth.
You may terminate your account by canceling your subscription and deleting your account on the Settings screen in the app under the section My Account/ID.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Service in a way that constitutes copyright infringement, please supply Lushot's copyright agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing on such copyright is located on the Website/ Application; Your address, telephone number, and email address; a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owners behalf.
You are solely responsible for Your interactions with other Lushot Members. Lushot reserves the right, but has no obligation, to monitor disputes between You and other Members. Also, Lushot is not in any kind responsible for expectations, promises or truthfulness of any information of any Member.
When you are using the Service, Lushot may need to collect personal data to provide you the Service. Lushot pays great attention to the protection of your personal data and has made the Lushot Privacy Policy, which states the detailed information of the way Lushot collects, uses, stores, transfers, and discloses your personal data. You may refer to the details of the "Privacy Policy", which forms an integral part of this Agreement. By downloading, installing, or using the Services, you agree to be bound by the terms of this Agreement and its Privacy Policy, and Lushot will protect your privacy in accordance with this Privacy Policy.
To provide the Service, Lushot may purchase services from various third parties and affiliate marketing partners (collectively, «Suppliers»). The Suppliers are independent contractors and are not agents, or employees of Lushot. Lushot is not responsible for the willful or negligent acts and/or omissions of any Supplier or any of its respective employees, agents, servants, or representatives including, without limitation, their failure to deliver Services, or partial or inadequate delivery of Services. According to terms of agreement with its Suppliers, Lushot is prohibited from rendering the Suppliers contact information. Services provided by the Suppliers include but are not limited to the following:
Any additional services requested by Lushot Members, which fall into the Suppliers scope of activity, but not defined by Lushot terms of Agreement with Supplier, may be processed by Suppliers, but are not automatically granted.
Lushot is not in any way responsible for the quality of any additional services provided by the Suppliers. The Website/ Application and the Service are provided "as is” and Lushot expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Lushot cannot guarantee and does not promise any specific results from use of the Website/ Application and/or the Service.
Lushot does not influence the relationships between Members of the Website/ Application. Members may terminate their membership with Lushot at any time. Deactivation of Membership of Lushot is governed by the following:
You will indemnify, release and hold harmless Lushot, its parent, subsidiaries and affiliates, and all officers, directors, agents and employees thereof, and any party acting on Lushot’s behalf, from and against any and all third party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees (collectively, "Claims") arising out of (i) any use of the Lushot Service or products appearing on the Lushot Service by you or by any person that is not in accordance with the terms of this Agreement; (ii) any breach of this Agreement by you or by any person that you allow to use the Lushot Service; or (iii) any violation of any laws, regulations or the rights of any third party by you or by any person that you allow to use the Lushot Service or products appearing on the Lushot Service.
Lushot PROVIDES THE SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH ITS REPRESENTATIVES, OTHERWISE WITH RESPECT TO THE SERVICE. Lushot SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, Lushot DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. Lushot DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.
Although each member must agree to the Agreement, Lushot cannot guarantee that each member is at least the required minimum age, nor does it accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials through the Service and that You may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Service. Those others may use Your information for purposes other than what You intended. Lushot is not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. We can't guarantee that the particular Member is using his profile personally, but we do all possible to block such behavior.
Lushot DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. Lushot is not responsible for any incorrect or inaccurate Content posted on the Website/ Application or in connection with the Service, whether caused by users of the Website/ Application, Members or by any of the equipment or programming associated with or utilized in the Service. Lushot is not responsible for the conduct, whether online or offline, of any user of the Website/ Application or Member of the Service. Lushot assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Lushot is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Websites/ Applications or combination thereof, including injury or damage to users and/or Members or to any other persons computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Lushot be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website/ Application or the Service, any Content posted on the Website/ Application or transmitted to Members, or any interactions between users of the Website/ Application, whether online or offline.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL Lushot BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE WEBSITE/ APPLICATION OR THE SERVICE, AS WELL AS DAMAGES FOR LOSS OF DATE, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS, EVEN IF Lushot KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Lushot IS NOT RESPONSIBLE FOR ANY ACTIVITIES OUTSIDE OF OUR SERVICES (INCLUDING, BUT NOT LIMITED TO EXPENSES RELATED TO TRAVEL, DELIVERIES, MEETINGS ETC.). THOSE EXPENSES ARE YOUR OWN RESPONSIBILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Lushot'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Lushot FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
You acknowledge that the transactions involving your use of the Website/Application and your purchase of products or services took place in the country of incorporation of the Company owning Lushot. Any dispute or claim relating in any way to your visit to the Website/Application or to products or services sold or distributed by Lushot or through Lushot will be resolved by binding arbitration, The number of arbitrators shall be three. The language to be used in the arbitral proceedings shall be in English. The governing law of this Agreement shall be the substantive law of the country of incorporation of the Company owning Lushot. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Arbitrators, however, can award you the same damages and relief, and must honor the same terms in this Agreement, as a court would. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. You will attempt to resolve all disputes with respect to the Services through communication with Lushot's customer service. If parties are unable to resolve the dispute, You must use the dispute resolution mechanism discussed above in this Section. Please also note should you chargeback any transactions billed to your account, Lushot may be required to disclose any and/or all private communications sent/received by You through our Service to prove the validity of the charges billed to Your account and Lushot's privacy policy will therefore not restrain any such disclosures.
You agree to indemnify and hold Lushot, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your use of the Service in violation of this Agreement, and/or any allegations that any Content that You submit to Lushot or transmit to the Website/ Application infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or arising from a breach of this Agreement and/or any breach of Your representations and warranties set forth above. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.