1. Definitions and Interpretations
Unless otherwise provided, in these terms and conditions:
(a) ‘Intellectual Property Rights’ or ‘IPR’ means all intellectual property rights, including but not limited to, the following rights:
(i) patents, copyright, rights in circuit layouts, designs, moral rights, trade and service marks (including goodwill in those marks), domain names and trade names and any right to have confidential information kept confidential;
(ii) any application or right to apply for registration of any of the rights referred to in paragraph 5; and
(iii) all rights of a similar nature to any of the rights in paragraphs 5 which may subsist anywhere in the world (including Australia), whether or not such rights are registered or capable of being registered.
(b) ‘Personal Information’ has the meaning given by the Privacy Act 1988 (Cth).
(c) ‘Personnel’ means the officers, employees, contractors (including subcontractors and their employees) and agents of LOKE or LOKE Digital.
(d) ‘Third Party Service’ means any third party software, application or website which LOKE directly or indirectly interacts with.
(e) ‘User’ means any person who accesses LOKE.
(f) ‘Merchant’ means any entity that advertises, promotes and offers its goods and services via LOKE.
(a) LOKE Digital owns and operate the LOKE Application and Site.
(b) By clicking “I Agree” and/or by accessing and/or using LOKE (whichever is first), the User will be bound by these terms and conditions as they appear as part of LOKE from time to time.
(c) LOKE reserves the right to unilaterally amend the LOKE Application (including any of its functionality) and these terms and conditions at any time (including as a result of amendments made by a relevant Third Party Service to its functionality or terms and conditions of use). Any amendments made to these terms and conditions will be effective immediately on them being made available on the LOKE website [ https://loke.global/] and/or via the LOKE Application.
(a) The User acknowledges and agrees that:
(i) it can use some aspects of the LOKE Application without registration with LOKE; but
(ii) to use all functionality of the LOKE Application it must register and provide all information required by LOKE during the registration process (User Information) to LOKE via the LOKE Application or a nominated website.
(b) By registering and providing the User Information, the User warrants that:
(i) it will provide up-to-date, current and accurate information and will continually update all User Information as required;
(ii) it will keep the registration details, including username(s) and password(s), secure and confidential; and
(iii) the User Information is not misleading, false, fraudulent or defamatory and does not infringe the Intellectual Property Rights of any third party.
4. Fraud and Risk
5. Intellectual Property Rights
(a) Except as permitted under the Privacy Act 1988 (Cth), or any other applicable law in the location from which the User has access to the LOKE Application, the User may not reproduce, distribute, adapt or publish copies of any information or material found on the LOKE Application (or the LOKE Application itself) in any form (including by e-mail or other electronic means), without LOKE’s prior written consent.
(b) All trade marks, copyright and other Intellectual Property Rights in the LOKE Application and the information material contained on the LOKE Application is owned by or licensed to LOKE.
(b) LOKE (including its authorised third party contractors) may use any data and information (including Personal Information) that has been submitted by the User for the purpose of registering with or otherwise using the LOKE Application to provide the User with the LOKE Application, and for other purposes including to:
(i) customise any promotional or advertising material made available via the LOKE Application;
(ii) contact the User with information regarding the LOKE Application; and
(iii) monitor the User’s use of the LOKE Application.
(c) The LOKE Application may log (and LOKE may have access to) information about any mobile device or computer used to access the LOKE Application (including the User’s IP address, operating system and browser type) and the date and time of access.
(d) LOKE cannot guarantee the security of any data transmitted via the LOKE Application. Any information submitted by the User using the LOKE Application is done so at the User’s own risk.
(e) You are fully responsible for the security of data in your possession or control as a result of using the LOKE application (“Data”). You agree to comply with all applicable law and rules in connection with your collection, security and dissemination of any of this Data.
(f) If LOKE believes that a security breach or compromise of Data has occurred, LOKE may require you to have a third party auditor that is approved by LOKE conduct a security audit of your systems and facilities and issue a report to be provided to LOKE. In the event that you fail to initiate an audit within 10 business days of LOKE’s request, LOKE may conduct or obtain such an audit at your expense.
(a) LOKE is not the supplier of any of the goods and services advertised through the LOKE Application. LOKE does not moderate interaction between Merchants and Users.
(b) The Merchant(s) is entirely responsible for all goods and services advertised via the LOKE Application. All disputes relating to any advertised goods and services must be directed to the Merchant. LOKE will provide you contact details of a specific merchant at your request through email@example.com
(c) Representations about goods and services are based on information and material provided to LOKE by the relevant Merchant. For the avoidance of doubt, the User acknowledges that LOKE takes no responsibility whatsoever nor makes any representations, either express or implied, as to quality, accuracy, reliability or credibility of information or material supplied or made available by third parties, including Merchants, on the LOKE Application.
(d) Any dispute between the User and the Merchant must be resolved by the User and the Merchant. LOKE is under no obligation to resolve or assist the User in resolving a dispute with a Merchant.
8. Liability and indemnities
(a) To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law are excluded from these terms and conditions. Where legislation implies any condition or warranty, and that legislation prohibits LOKE from excluding or modifying application of, or its liability under, any such condition or warranty, that condition or warranty will be deemed included but LOKE’s liability will be limited for a breach of that condition or warranty to the minimum remedy provided for in that law. If a supply by LOKE under these terms and conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in these terms and conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits LOKE to limit its liability, then LOKE’s liability shall be limited to:
(b) in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired; and
(c) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again.
(d) The User acknowledges, that to the extent permitted by law, LOKE does not accept liability for any errors, omissions, expenses, losses or damages caused by:
(i) the User’s access to and/or use of the LOKE Application;
1. representations made by a Merchant(s) via the LOKE Application (including where inaccurate information or material has been provided);
2. the User’s dealings with a Merchant(s) arising from use of the LOKE Application; and/or
3. any failure in the networks or servers used to provide the LOKE Application.
(ii) As a condition of the User’s use of the LOKE Application, the User agrees to indemnify and keep indemnified LOKE and all of its Personnel against all expenses, losses, damages and costs (on a solicitor and own client basis and whether incurred by or awarded against LOKE or its Personnel) that LOKE or its Personnel may sustain or incur as a result, whether directly or indirectly, of:
1. any breach of these terms and conditions by the User;
2. the User’s access to and/or use of the LOKE Application; and
3. any loss of, or damage to, any property, or injury to, or death of, any person caused by the User’s access to and/or use of the LOKE Application.
9. Termination of access
(a) LOKE may terminate the User’s access to the LOKE Application at any time and for any reason including, but not limited to, a breach of these terms and conditions.
(b) By accessing this site, the User acknowledges and agrees that any disputes in relation to the LOKE Application are to be determined by the courts of South Australia, in accordance with the laws of Victoria, Australia.
(c) LOKE accepts no liability for any failure or delay in complying with these terms and conditions where such failure or delay is due to circumstances beyond LOKE’s reasonable control.
(d) If LOKE waives any rights available to it under these terms and conditions on one occasion, this does not mean that those rights will be automatically waived on any other occasion. Waivers must be in written form and signed by LOKE or its authorised representative.
(e) If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will continue in force.