TERMS AND CONDITIONS

LY$TO POS APP

 

The present terms and conditions (the “Terms and Conditions” and/or the “Agreement’) govern the relationship between Soluciones de Pago MB, S.A., a Company organized and existing in accordance to the laws of the Republic of Costa Rica, with corporate identification number three – one hundred and one – six hundred ninety three thousand three hundred twenty two (hereinafter referred to as “LYSTO” and/or the “Company”) and the User (LYSTO and the User will jointly be referred to as the “Parties”), regarding the services and functions offered by LYSTO through the LY$TO POS platform, as well as in regard to any and all available content in or through said platform, including any additional content derived from these.

 

By using the LY$TO POS platform, the User acknowledges and manifests consent to the present Terms and Conditions, which are of mandatory compliance. If the User does not agree to these Terms and Conditions, they shall not have access to the services offered by LYSTO, nor will they be able to use LY$TO POS in any way.

 

  1. BACKGROUND.

 

  • LYSTO is a Company dedicated to the provision of credit facilities, interested in offering means and payment solutions to its customers. By virtue of the exercise of this activity, LYSTO is registered before the General Superintendence of Financial Entities in accordance with Law 7786 on Narcotics, Psychotropic Substances, Non-authorized use of drugs, Connected Activities, Money Laundering and Financing of Terrorism.

 

It is clarified that the registration of LYSTO before SUGEF is not an authorization to operate, and the supervision carried out by the Superintendence is only in regard to the prevention of money laundering, financing of terrorism and financing of the proliferation of weapons of mass destruction, according to Law 7786. Therefore, SUGEF does not supervises the services offered and conducted by LYSTO, nor its security, stability or solvency. It is important to emphasize that, in virtue of the foregoing, and in accordance with the applicable regulations, the individuals whom hire its products and services do so at their own risk and responsibility.

 

  • LYSTO has developed the LY$TO POS platform with the purpose of offering to the registered Users the possibility of requesting Credit Lines in order to finance their purchases in certain Businesses, in accordance with the terms established in this Agreement.

 

  • LYSTO maintains a commercial relationship with different Businesses, which allows Users customers of these Businesses to request a finance through the LY$TO POS platform, for the acquisition of products and/or services offered and commercialized by said Businesses. LYSTO and the Businesses are independent companies, which only maintain a commercial relationship, without being considered as a branch, representative, or affiliate of one another.

 

 

 

 

  1. DEFINITIONS AND INTERPRETATION.

 

  • For the effects of the present Terms and Conditions, the following terms have the meanings detailed below:

 

  • LY$TO POS Passcode”: means the identification passcode established by the User for the access and use of their account in LY$TO POS. The User may also enable biometric unlocking through facial detection or fingerprint detection to log in and to use their LY$TO POS
  • ““Credit” and/or “Credit Line”: refers to the credit granted by LYSTO to the User, at their request, to be used in the purchase of products and/or services in a Business that maintains an alliance with LYSTO; credit which must be paid by the User in favor of LYSTO, in accordance with the terms and conditions established in the Credit Agreement.
  • “Colón” or “Colones”: means the legal tender of the Republic of Costa Rica.
  • “Business” or “Businesses”: means those persons (natural or corporate entities), entities and/or companies, public and/or private, that maintain a commercial relationship with LYSTO, by virtue of which Users will have the possibility to acquire products and/or services offered by these through a finance with LYSTO, using LY$TO POS, in accordance with the provisions of this document.
  • “Alliance Agreement”: means any Contract and its related documents (addendums, exhibits, among others) that has been signed between LYSTO and the Business, in any format, to formalize the alliance between these companies.
  • “Credit Agreement” and/or “Opening of Credit Line, Issuance and Use of Credit Card Agreement”: refers to the contract and its related documents (addendums, exhibits, among others) that has been signed between LYSTO and the User, in any format, in order to document the finance granted by LYSTO in favor of the User. This document is the one that establishes the specific conditions and terms that govern the relationship between LYSTO and the User regarding the Credit granted.
  • LY$TO POS Account”: means the LY$TO POS Account belonging to the User, that allows them access to the services provided by LYSTO in this application.
  • “Business Day”: means all the days of the week, with the exception of Saturdays, Sundays and/or public holidays according to the legislation of the Republic of Costa Rica
  • “Dollar” or “Dollars”: means the legal tender of the United States of America.
  • “Know your Client Form”: means the form that must be completed by the User with their personal information, according to clause 7.2.1. of this Agreement.
  • “Law 7786”: refers to Law number 7786 of the Republic of Costa Rica, “Law of narcotics, psychotropic substances, non-authorized use of drugs, and connected activities, money laundering and financing of terrorism” dated April 30th of 1998 and its modifications.
  • “Law 8969”: means Law number 8968 of the Republic of Costa Rica, “Law of Protection of the Person in regard to the Processing of their Personal Data”, dated the 7th of July 2011 and its modifications.
  • “LY$TO POS”: means the technological platform and application, property of LYSTO, through which LYSTO offers different services and functionalities to the Users, in accordance with the terms and conditions established within the present Agreement.
  • “Privacy Policy”: means the privacy policy that governs the relationship between LYSTO and the User in regard to the rendering of services and functionalities of LY$TO POS (additional to what is regulated in the corresponding Credit Agreement) which are accepted by the User and can be accessed at lystocard.com or in LY$TO POS.
  • “Credit Approval Process”: means the process after the Registration and Credit Pre-approval Process, through which LYSTO requests information to the User according to the terms established in the present Agreement, to assess the approval or denial of the Credit Line requested by the User through LY$TO POS. LYSTO may approve or deny the Credit Line requested at its sole discretion, in accordance with its internal policies and/or applicable law. The User must complete, attach, and/or send the information and documentation requested by LYSTO, through physical and/or digital format, in accordance with these Terms and Conditions. The information requested by LYSTO, and its means, may be modified at LYSTO’s discretion, at any time.
  • “Account Creation Process”: means the process after downloading the application, through which the User creates his LY$TO POS Account and its approved by LYSTO, in accordance with the provisions of the present Terms and Conditions. In this process, the User must complete, attach and/or send the information and documentation requested by LYSTO, digitally, as indicated in this Agreement. LYSTO, in its sole discretion, may modify at any time the requirements and/or means, and/or request additional information from the User, to comply with this process.
  • “Registration and Credit Pre-Approval Process”: means the process after the Account Creation Process, through which the User must provide, attach, complete and/or send the information required by LYSTO, digitally and/or physically, as indicated in this Agreement, to manage the request of the Credit. LYSTO, in its sole discretion, may modify at any time the requirements and/or means of sending, and/or request additional information from the User to complete this process.
  • “SUGEF”: refers to the General Superintendence of Financial Entities.
  • “User”: means the natural person or corporate entity that engages the services and functionalities established in the present Terms and Conditions and/or any other applicable documentation (including, but not limited to: the Credit Agreement, Privacy Policy, among others), and that has successfully completed the Account Creation Process and acceptance of the present Terms and Conditions.

 

  • The terms indicated in singular shall also include the plural and vice versa. Any reference to a group of people will be considered as a reference to all of them collectively, to one of them or to any of them individually. The words and terms concerning the masculine gender, feminine gender or neural will also include all genders. The term “including”, “includes” and similar shall be considered to be followed by the words “but not limited to”.

 

  • The titles of the sections and clauses are included in the present Agreement for reference purposes and shall not limit or affect the interpretation of its dispositions. Any reference to articles, sections or clauses refer to the items established throughout the present Agreement, unless indicated otherwise.

 

 

  1. PURPOSE AND OTHERS.

 

  • The purpose of the present document is to regulate the relationship between the User with LYSTO, regarding the services and functionalities offered through the LY$TO POS platform in order to request a Credit Line in the terms indicated herein.

 

  • Through the acceptance of the present Terms and Conditions, LYSTO offers the User the possibility of accessing to the services and functionalities offered through LY$TO POS, in accordance hereto Likewise, LYSTO is able to deny or withdraw its services to the User whenever the company deems it necessary, according to the terms of the applicable regulations (including but not limited to the dispositions of Law 7786), or the business, according to the internal policies and procedures established by LYSTO and/or the Businesses, as is applicable, as well as the terms of the related Credit Agreement and related documentation.

 

  • All information and documentation registered by the User to comply with the purpose of this Agreement will be declared as correct and true; and therefore, LYSTO shall have no liability associated with or arising from their failure to maintain accurate and true information.

 

  • LYSTO reserves the right to request from the User any information and/or necessary documentation in compliance with its internal policies and/or applicable regulations. LYSTO, in its sole discretion, may modify the requirements and/or request additional information from the User for the processes and services established in this Agreement, including, but not limited to: the registration and maintenance of the LY$TO POS Account, the Registration and Credit Pre-Approval Process and the Credit Approval Process; which will be notified to the User in due time.

 

  • LYSTO reserves the right to cancel, modify and/or suspend the User’s LY$TO POS Account, as well as the services offered and processes managed through the LY$TO POS platform at any time, in case of (i) not receiving the complete information/documentation that is required from the User at any time, and/or its updates, (ii) become aware of having received incorrect information; (iii) verify the misuse of LY$TO POS; and (iv) when it is deemed by LYSTO due to risks or businesses purposes, based on the provisions of the applicable regulations (including but not limited to the provisions of Law 7786), the internal policies and procedures established by LYSTO, as well as in the Credit Agreement.

 

  • The User authorizes LYSTO to request, at any time and without prior notice, commercial, banking and/or financial references, including the use of databases or credit bureaus.

 

  1. DOWNLOAD OF THE APPLICATION.

 

  • In order to access the services and functionalities that LYSTO provides through LY$TO POS, currently or in the future, the User must download this application from the following stores: Google Play, Apple Store and/or Huawei App Gallery.

 

  • The User may download LY$TO POS in their mobile device and/or similar devices that have the option to access to the aforementioned digital stores.

 

  1. ACCOUNT CREATION PROCESS.

 

  • After downloading LY$TO POS, the User must select the “Create Account” option that will be displayed on the initial screen; and, the User must meet the requirements and process detailed below:
    • Be a natural person with at least eighteen (18) years of age.
    • To have legal capacity to sign valid agreements.
    • Register an e-mail account to receive information of the service and to validate their identity.
    • Establish a unique password, according to the requirements established by LYSTO.
    • Scan their identification card with an electronic device.
    • Proceed with biometric authentication through face detection or fingerprint detection to validate their identity.
    • Accept the present Terms and Conditions.
    • Accept the Privacy Policy.

 

  • LYSTO may modify the required information and processes, in its sole discretion, in compliance with its internal policies and applicable regulations.

 

  • After having complied with the process describe above, LYSTO will proceed to verify, at its own discretion and among other issues, that the data and information provided by the User is correct and that the User complies with the requirements of LYSTO and applicable regulations.

 

  • LY$TO POS will spare no effort to notify the User of the approval or denial of the request of the Creation of the Account, in a maximum term of fifteen (15) minutes. However, LYSTO may extend this term in its sole discretion.

 

  • Upon approval of the request described in this section, LYSTO will proceed to enable the LY$TO POS Password previously established by the User, with which they can access to the platform, as detailed in this Agreement.

 

  • In the event that the User’s Account Creation’s request is denied by LYSTO, the User must wait a minimum term of thirty (30) Business Days starting from the day after receiving the notification in order to make a new request through LY$TO POS.

 

  • LYSTO reserves the right to deny the request for the Creation of the Account when it cannot validate the identity of the User and/or when it deems appropriate, based on the provisions of the applicable regulations (including, but not limited to the provisions of Law 7786), or its business, without incurring in any type of responsibility.

 

  • Once the procedure and the requirements indicated have been met, the User may enter LY$TO POS and use the services and functionalities after having authenticated its identity with their username and LY$TO POS Both data are personal and non – transferable, and therefore any management and/or order issued with the use of these will be considered as made by the User. The User expressly acknowledges and accepts that he/she will not be able to claim for operations carried out with his/her username and LY$TO POS Password. The User must keep such data in strict confidentiality and security, committing not to share it with any third part. The User may request the change of the LY$TO POS Password at any time, in accordance with the provisions established herein.

 

  1. REGISTRATION AND CREDIT PRE-APPROVAL PROCESS.

 

  • Once the LY$TO POS Account has been created, the User must provide the following information requested by the Company, which is of mandatory compliance:

 

  • Confirmation of the identification number.
  • Complete name.
  • Phone number.
  • Information for the electronic invoice.
  • Exact address.
  • Modality of the work performed (salaried employee or independent worker).

 

  • The Registrations and Credit Pre-approval request will be validated by LYSTO based on the information included by the User in a reasonable time; and, may be rejected, at the sole discretion of the Company, based on the provisions of the applicable regulations, in accordance with the internal policies and procedures established by LYSTO, or for business reasons, without incurring in liability of any kind.

 

  1. CREDIT APPROVAL PROCESS.

 

  • Through LY$TO POS, the User may request to LYSTO a Credit Line to purchase products and/or services in a Business, by completing the Credit Approval Process established by LYSTO.

 

  • In this process, the User must send the information and documentation that is required by LYSTO, acknowledging that additional information requirements may be made for the corresponding analysis. The User shall:

 

  • Complete the Know Your Client Form, including, but not limited to the following information:
    • Country of birth.
    • Marital status.
    • Profession/Occupation.
    • Country of residence and exact address.
    • Name of the Company to which User works for.
    • Activity/Industry.
    • Starting work date.
    • Address of the office.
    • Detail of the monthly income.
    • Information about whether the User is a politically exposed person.

 

  • Depending on the modality of the User’s job, LYSTO at its sole discretion in accordance with its credit policies and current regulations, may proceed with the request of additional information/ documentation, in accordance with the following items:
    • If the User is a salaried employee, LYSTO may request, at its sole discretion, one or more of the following documents:
      • Income record (issued within two (2) months for the public sector and one (1) month for the private sector).
      • Copy of the employer’s order issued by the website of the Costa Rican Social Security Fund (CCSS) in force.
    • If the User is an independent worker, LYSTO may request, at its sole discretion, one or more of the following documents:
      • Income certification issued by a certified public accountant, which must certify at least one (1) year of income and must have been issued within three (3) months.
      • Statements within the last six (6) months of the current or savings accounts. In case of providing statements on behalf of companies, the User must provide the corporate information and they must be listed as guarantor of the credit facility.
      • Profile of the entity or of the independent worker.
      • Indicate at least three (3) references of providers or clients.
      • Copy of the Income Tax Affidavit of the recent tax period
      • Copy of a utility receipt or proof of inquiry in utility e-invoicing systems.
      • In cases where the income comes from duly constituted own companies, notarization of the shareholders’ book must be provided, with the sole purpose of validating the share distribution of this entity, as well as, in the case that the share capital belongs to companies, it must be detailed up to the natural persons who control ten (10) per cent or more of the share capital.
      • Commercial activities owned by premises must present a municipal patent, as well as a permit from the Ministry of Health.

 

  • For the request of additional information/documentation related to the modality of work and income of the Users, LYSTO will have available the following to provide said information:
    • The User may provide the complete documentation by digital means, through the platform.
    • The User may provide the complete documentation through digital means, by sending an e-mail to LYSTO on the address established by it for such purposes.
    • The User may authorize LYSTO to contact them by email or telephone to complete the corresponding information/documentation
  • Complete and subscribe the form to authorize LYSTO to obtain credit information from the Credit Information Center arranged by SUGEF for credit offerors.

 

  • LYSTO may modify the required information, in its sole discretion, in compliance with its internal and business policies, as well as applicable regulations.

 

  • Once the request has been made by the User, LYSTO will proceed make an analysis of the income and level of indebtedness of the User, according to the information/documentation provided by the User; and, according to the results obtained, LYSTO will proceed to deny or approve the granting of the Credit.

 

  • LYSTO reserves the right to approve or deny, at its discretion, the Credit request made by the User; that is, under no circumstances LYSTO is obliged to grant the finance. The foregoing is expressly understood and accepted by the User, releasing LYSTO from any related liability (of any kind).

 

  • LYSTO will do its best to inform the User about the approval or denial of the Credit Line within fifteen (15) to twenty (20) minutes after the request is made. Notwithstanding the foregoing, the User expressly understands and accepts that LYSTO may require longer periods for the corresponding analysis, thereby releasing LYSTO from any related liability.

 

  • In case of approval, LYSTO will inform the User about the approved amount and the next steps to follow. In the event that the request is rejected, the User must wait for a minimum term of thirty (30) days, counted from the day after receiving the notification of rejection, to be able to make a new request through the LY$TO POS

 

  • If the request is approved, the User must sign the Credit Agreement, which will regulate the terms and conditions applicable to the finance granted by LYSTO, which is expressly known and accepted by the User. In the event that such finance is granted through a credit card as agreed between LYSTO and the User, the User must sign the Opening of Credit Line, Issuance and Use of Credit Card Agreement, which will regulate the terms and conditions applicable to the Credit Line and related card, which is expressly known and accepted by the User.

 

  • The Credit will be granted in Colones or in Dollars. In the event that the credit is in Dollars, the User authorizes LYSTO and accepts the exchange rate applied by the Company that entails a change of currencies, in case that the product and/or services purchased are established in Dollars or another currency other than the Colon.

 

  1. OF THE BUSINESSES AFFILIATED TO LY$TO POS.

 

  • LYSTO will form alliances with different Businesses, which will be formalized through an Alliance Agreement signed between said parties, so that, through LY$TO POS, the Users can request a Credit to acquire products and/or services in said Businesses, in accordance with the terms indicated here.

 

  • Once the Credit is approved, the Users will have at their disposal in LY$TO POS the list of Businesses that are affiliated with the service provided by LYSTO and the application will display the information of the services and/or products available, as well as any other related information. For their part, the Businesses will keep in their premises identified the logo of LYSTO for ease of recognition by the Users.

 

  • The User must select the product they wish to purchase, with the detail of the amount and term of financing. When the information is included, a screen will be displayed to view the selected terms; and, if correct, the Used must select the “Confirm and Apply” button”. It will be the sole and exclusive responsibility of the User to include the aforementioned information correctly, therefore, they must verify it prior to the acceptance; releasing from any related responsibility to LYSTO and, refraining from making any claim to in case of any error or failure made by the User.

 

  1. PAYMENT OF THE PRODUCT TO THE BUSINESS.

 

  • Once the Credit has been authorized, LYSTO will proceed to disburse the authorized sum in favor of the Business, for the payment of the product and/or service requested by the User, in accordance with the provisions of the Alliance Agreement signed between LYSTO and the Business.

 

  1. PROTECTION OF THE ACCOUNT AND USE OF LY$TO POS.

 

  • The User explicitly acknowledges and accepts that the use and custody of the LY$TO POS Password is their sole and exclusive responsibility. In virtue of the foregoing, in this act, the User agrees to their obligation of using said Password with the confidentiality and to not reveal the LY$TO POS Password to third parties.

 

  • The User acknowledges and accepts that any order, instruction, request, process, transaction and/or operation made under the LY$TO POS Password will be presumed to be made by the User, releasing LYSTO of any kind of responsibility. In this sense, the LY$TO POS Password, as well as any digital signature or acceptance button that is included in the application, is a mean of identification replacing the autograph signature; and therefore, it will produce the same effects that the laws grant to the documents signed in the User’s handwriting, when appropriate. All transactions, requests, authorizations and/or any other procedures carried out in LY$TO POS will be considered, for all legal purposes, as carried out by the User voluntarily. Any expression of will or statement made by the User in LY$TO POS will have full validity and legal effectiveness.

 

  • In the event of loss, theft, and/ or robbery of the LY$TO POS Password, as well as the risk of access thereto by a third party, the User is obligated to change the LY$TO POS Password through the platform, following the instructions specified therein.

 

  • The User can request the change or recovery of their LY$TO POS Password at any time by means of the platform, following the instructions specified therein.

 

  • In the event that it is not possible to the change of the Password indicated in the previous sections, the User must communicate such circumstance to LYSTO, in the briefest possible timeframe, to the email address ventas@lystocard.com or the means that LYSTO designates for such purposes. In this case, LYSTO will act how it considers to be appropriate in order to prevent the use of the LY$TO POS

 

  • The User commits to requesting that LYSTO block the LY$TO POS Password in the event of having knowledge that a third party has their username and LY$TO POS Password without their consent. The above, without implying all responsibility, of any kind, for LYSTO due to transactions, movements, operations, requests or any other acts carried out with the corresponding username and LY$TO POS The User will not be responsible for the transactions carried out using their LY$TO POS Password by third parties once LYSTO notified the corresponding confirmation of the blockage and until said Password has been unblocked or changed by explicit instructions from the User.

 

  • The User acknowledges and recognizes that the activities and/or operations carried out through LY$TO POS shall be legitimate, legal, and shall not be contrary to the public order, values and/or good customs. The User shall not use LY$TO POS in an improper way, cannot introduce material that is malicious or materially damaging, nor try to obtain unauthorized access to the platform, server, computer or databases linked thereto or by any other mean offered by LYSTO.

 

  • LYSTO may, at any time and without prior notice, suspend and/or revoke, temporarily or definitely, the Password and use of LY$TO POS and deny access to the LY$TO POS platform and its services and functions, in events such as, but not limited to: the misuse or wrongful use thereof, in case of reasonable suspicion of improper use, for the breach of any of the obligations of the User established in the present document, the compromise of the technological security, or due to any other circumstance that involves a risk or impediment for the adequate provision of services and functionalities.

 

  • The User acknowledges and holds themselves accountable for the damages originated from the use of LY$TO POS for purposes contrary to the laws, good customs, public order and standing legislation, releasing LYSTO of any responsibility.

 

  • The User agrees that they will be able to access LY$TO POS only through the mobile application called LY$TO POS available in the App Store, Google Play and Huawei App Gallery.

 

  • To ensure continuity in the services of the LY$TO POS, LYSTO has contingency processes that will allow the User’s continued access to the application. However, the User accepts that some services may be temporarily suspended, without this implying any responsibility for LYSTO for the temporary lack of such services.

 

  • The User agrees to comply with all security provisions provided by LYSTO.

 

  • The User accepts that they are responsible for knowing and using the LY$TO POS application correctly; hence, LYSTO is released of all responsibility for any damage that may result from the misuse of said application.

 

  • The User commits to pay the total sum and on their own account, all taxes, fees, contributions, or services that may currently or in the future be taxed by the services provided through LY$TO POS and/or associated services.

 

  1. AVAILABILITY OF PLATFORM, THE SERVICES AND THE FUNCTIONALITIES.

 

  • The User must have access to internet for the use of LY$TO POS.
  • The services and functionalities of LY$TO POS are provided as presented and are subject to availability, without express or implied warranties of any kind, including warranties of merchantability for a particular purpose. LYSTO does not guarantee that LY$TO POS is virus-free or that the User’s access will be uninterrupted.

 

  • LYSTO will ensure that the services and functionalities provided through this platform, are available from 8:00 a.m. to 5:00 p.m. all days of the week. Notwithstanding the above, LYSTO does not commit to the services and related functionalities of LY$TO POS, being continuously available, considering that their complexity makes it impossible to guarantee a functioning free of failures, errors or interruptions. It is understood and accepted by the User that LY$TO POS may not be enabled or available at any time or period, expressly releasing LYSTO from any associated liability.

 

  • In the event of failures or interruptions, LYSTO will make its best efforts to restore the continuity of the platform, services and functionalities in the shortest possible time.

 

  • It is expressly excluded from the responsibility of LYSTO, those deficiencies in the services or in the connections that are in charge of third parties.

 

  1. LIABILITY.

 

  • LYSTO will not be responsible and the User expressly releases LYSTO (its partners, directors, staff, related companies and/or other associated persons) from any liability):

 

  • For the use that third parties could make of the User’s LY$TO POS Account and Password.
  • For damages, losses, delays or any other type of consequences that may arise from failures, errors or interruptions of the LY$TO POS
  • For damages, losses, delays or any type of consequence that may arise from the use, failures, error or interruptions of the LY$TO POS platform, when they are a consequence of the User’s negligence or violation of the terms and conditions of this instrument, for unforeseen circumstances beyond LYSTO’s control, due to events of the Businesses and/or third parties, due to problems with the connections with the platforms and/or information of the Businesses and/or third parties, due to acts of God or force majeure, such as, but not limited to power outages, unavailability of networks, environmental catastrophes, terrorists attacks, or other events of a similar nature, or other causes that are not attributable to LYSTO, duly accredited as such.
  • For any error, defect or non-veracity of the information contained in the LY$TO POS platform, or in any other means provided by LYSTO. The User expressly acknowledges and accepts that the use of the information obtained on the LY$TO POS platform, or downloaded from it, is at their sole discretion and risk.
  • Any other exclusions of liability contained in this Agreement or set forth in applicable law.
  • For any damage and/or loss caused by the Business and/or third parties to the User or caused by the User when purchasing and/or using the goods and/or services acquired with the Credit indicated herein.

 

  • LYSTO will not assume any responsibility in the event that an operation, transaction and/or matter processed through the LY$TO POS platform cannot be carried out or will be delayed due to the Businesses and/or a third party, leaving LYSTO exempt from any responsibility of controversy that is generated with the User by virtue of the foregoing. Said cases must be resolved directly between the User and the Business, in accordance with the contracting, terms and conditions that govern the User’s relationship with the Business, with the User releasing from all liability associated with LYSTO.

 

  • LYSTO limits itself to offer Credit Lines for the acquisition of goods and/or services through the LY$TO POS platform; therefore, LYSTO shall not be considered as the supplier, offeror or merchant of such goods and/or services. By virtue of the foregoing, LYSTO shall not be liable for any compensation or claim that the User may have against the Business for situations such as, but not limited to, the following: the sale, delivery, warranty, service, quality, etc. of the goods and/or services commercialized by the Business. Such contingencies are beyond the control of LYSTO, which is expressly known and accepted by the User. Consequently, any claim related to the aforementioned must be made by the User directly to the Business, without being excused from its payment obligation with LYSTO.

 

  1. ORIGIN AND DESTINATION OF THE FUNDS.

 

  • The User declares that the funds with which they will make the payment of the Credit granted by LYSTO come from legal activities in accordance with the applicable regulations and that they correspond to the source of funds presented in the corresponding documentation.

 

  • Likewise, it expressly states that the funds with which they operate do not come from or have a direct or indirect link to the following crimes, though not limited solely to these: drug trafficking; terrorism; smuggling; illicit arms trafficking; explosives; ammunition or materials destined to their production; illicit trafficking of organs, tissues and medicines; illicit trafficking in men, woman or children; extortion; kidnapping; sexual procurement; illicit trafficking in nuclear substances; illicit trafficking in works of art, animals or toxic materials; crimes of genocide, war and against humanity, fraud and misappropriation, public corruption, bankruptcy and fraudulent insolvency, trademark crimes and crimes against intellectual property, child prostitution, use in pornography or sexual exploitation of people, counterfeiting and alteration of currency.

 

  • The User expressly acknowledges and accepts that they must comply at all times with any request for information and/or documentation that LYSTO and/or the Business make in compliance with their internal policies and manuals, applicable legislation, as well as upon the request of any competent authority.

 

  1. PERSONAL DATA AND ITS PROTECTION.

 

  • The User commits themselves to provide information that is authentic, true, reliable, complete and updated, when it is required by LYSTO, through any means, such as LY$TO POS.

 

  • The User may update, modify or rectify the data provided by him during the Registration Process, by sending the correct information.

 

  • The provisions of Law No. 8968 (Protection of the Person against the Processing of their Personal Data), its reforms, regulations and concordant will be applicable.

 

  • The use and protection of the personal data and information provided by the User shall be governed in accordance with the terms of Privacy Policy, as well as the applicable Credit Agreement.

 

  1. INTELLECTUAL PROPERTY.

 

  • The internet domains, registered trademarks, software, products, technological platforms, systems and site designs of LY$TO POS, as well as those systems and platforms that allow the operation of the different services and functionalities, are the intellectual property of LYSTO, or its related companies and/or have been duly licensed to them, and they may not be copied, used or imitated without the written authorization of LYSTO or its related companies, as applicable.

 

  • The reproduction of a part or the totality of the content of LY$TO POS, in whatever format, including framing, the creation of a derivative work based on these and/or their content, incorporation in other web pages, platforms and/or software, electronic retrieval systems and/or publications, is prohibited, unless expressly authorized in writing by LYSTO or its related companies, as appropriate

 

  • The content that is protected by copyright may not be modified, nor may any notice of attribution of authorship or copyright notice that appears in said content be altered, without first obtaining the pertinent consent. Nothing of included in LY$TO POS should be interpreted as granting of any right or license, other than what is expressly established in this Agreement, the Credit Agreement and/or any other related document.

 

  • All product names that are referred to in LY$TO POS are registered trademarks of LYSTO or its related companies, except for those brands that are indicated as the property of other companies and that all of their rights are reserved.

 

  1. ATTENTION TO THE USER.

 

  • For or the attention and management of eventual inquiries, claims and/or concerns by Users, LYSTO will have channels enabled for these purposes, including, without limitation, email, telephone contact, website, any other made available, all which will be adequately communicated through LY$TO POS.

 

  1. PRIVACY POLICY.

 

  • The User manifests that they acknowledge and accept the Privacy Policy for LY$TO POS, which may be modified by LYSTO at its sole discretion.

 

  1. NOTIFICATIONS AND APPLICABLE LEGISLATION.

 

  • Except for the exceptions established in the present Terms and Conditions, the User establishes the registered email as means to attend notifications, judicial or extrajudicial, related to the present Agreement. LYSTO established as a means to attend the notifications, judicial or extrajudicial, related to the present Agreement, the following address: San José, Escazú, San Rafael, El Llano street, two hundred fifty (250) meters east from Montescazú Plaza, after the bridge, brown gate to the right, former Giacomin Bakery, store number two (2), with a copy to the email: servicioalcliente@lystocard.com.

 

  • Any change in these designated means must be notified to the other party, through the means designated for such purposes.

 

  • This Agreement will be governed and interpreted in accordance with the laws of the Republic of Costa Rica, submitting the parties to the jurisdiction of its ordinary courts, unless otherwise agreed in the corresponding Credit Agreement.

 

  1. MODIFICATIONS.

 

  • LYSTO reserves the right, at its sole judgment, to modify, substitute, amend or replace the Terms and Conditions, for which a publication of these in LY$TO POS will suffice. LYSTO, at its sole discretion, may also notify the User through the means they consider appropriate.

 

  • The continuity in the use of LY$TO POS and the services provided by LYSTO on behalf of the User, after any modification, substitution, amendment and / or replacement of the Terms and Conditions is notified, will be understood as explicit acceptance on behalf of the User to said changes made.

 

The continuity in the use of LY$TO POS and the services provided by LYSTO by the User, after the notification of any modification, replacement, amendment and/or replacement of the Terms and Conditions, will be understood as express acceptance by the User of such changes.

 

  1. ACCEPTANCE OF TERMS AND CONDITIONS.

 

  • The User declares to have read and accepted these Terms and Conditions by having made his registration on the platform of LY$TO POS.

 

Version: V2; July 13th, 2021.