TERMS AND CONDITIONS

These Terms were last updated on 2nd June 2016.

This document (together with the documents referred to on it) should be regarded as the terms of use (“Terms”) which apply to the Loko service and platform (the “Service”) provided to users (“you”, “your”, “Users”) by way of our website, www.goloko.pl, and digital app.

These Terms should be readen carefully before starting to use the Service. By using our Service, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please do not use the Service.

1. General

The Services is operated by LOKOAPP Limited whose registered address is SUITE 11, PENHURST HOUSE, 352-356 BATTERSEA PARK ROAD, LONDON, SW11 3BY, ENGLAND.

Please note that these Terms may be updated occassionally and without prior notice. By using the Service after any changes have been posted, you agree to the new Terms.

Even though Loko is making effotrs to ensure that the Service works on all devices, Loko cannot guarantee that the Service will work on all devices.

2. Your account

To use the Service you must complete the registration process which you will be prompted to do once you have downloaded the App. Once you have registered for an account (“Account”) you will be able to use the Service. You must keep your password secure and not permit others to use your Account. You are responsible for anything that happens through your Account until it is closed down unless the Account security has been compromised through no fault of your own.

If you discover any unauthorised use of your Account you must promptly let us know. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms.

3. Purchasing products

Loko acts only as a venue and marketplace which compiles, curates and displays a range of products (“Products”) from third party retailers (each a “Seller”) for you to discover great Products and transact with Sellers. In terms of purchasing a Product, Service will re-direct you to the website of the Seller of that Product in order to complete the transaction. When you are re-directed to a third party website and once you leave the Service, we have no control over or responsibility for any purchase you make and the terms and conditions of that website will apply. Loko does not have any responsibility for, or liability related to, any Product listed on the Service (including your order of the same). You should direct any questions, complaints or claims related to any Product to the relevant Seller.

Availability

Unless otherwise stated, all prices on the Service are inclusive of any VAT payable but exclude delivery charges. We use our reasonable efforts to ensure that the prices and availability of Products displayed on the Service are correct. However, despite our reasonable efforts, it may be possible that some of the Products on the Service may be incorrectly priced and not available.

Delivery

Delivery of the Products will be made by the Seller or the Seller’s delivery partner and, unless specified otherwise, should be made within 30 days of the order being placed. The Seller is responsible for delivery of its Products, not Loko. Delivery charges and estimated timescales are specified during the purchase process.

Your rights of return, refund and cancellation

Loko is not a party to your transaction with the Seller and so you should contact the Seller directly regarding any cancellation, return or refund in relation to a Product. The Product(s) must be returned directly to the Seller and the Seller is responsible for issuing all refunds in relation to cancelled contracts and returned Products. These cancellation rights do not affect your legal rights.

4. Accessing the service

  1. Loko shall make all efforts in order to ensure correct operation of the Service and offer its assistance in solving problems related to the functioning of the Service.
  2. When accessing the Service over mobile network, Users will be using their data allowance. Loko is not responsible for any charges you may incur in using the Service. Users are also responsible for ensuring that all persons who access Users Service through their internet connection are aware of these Terms, and that they comply with them.
  3. The legal rights (including the intellectual property rights) in the Service are owned by Loko. Any content on the Service and the compilation of this content is owned by us or licensed to us by third parties. All Products are owned, controlled or licensed by the Sellers.
  4. Where we provide links from the Service to other sites, this will be for information purposes only or to enable you to transact directly with a Seller. Loko has no control over, or responsibility for, the content on those sites.
  5. Complaints about disruptions in the functioning of the Service, problems and comments related to the services rendered as part of the Service may be made by Users within 14 days and should be submitted to the following address: kontakt@goloko.pl
  6. Each complaint shall be processed within 14 days from the time it is made. If this deadline cannot be kept, Loko shall, before the expiration of the deadline, notify the User of the causes of the delay and determine a new deadline.
  7. However, Loko reserves its right to abstain from processing a complaint if the complaint results from ignorance of these Rules, appendices to the Rules or provisions of law.
  8. The right to pursue claims in court may be exercised only after exhausting the complaint procedure.

5. Acceptable use of the Service

You may use our Service for your own personal use and in accordance with these Terms and for lawful purposes. You may not use Loko’s trade marks, logos or other intellectual property without our express prior written permission. You may not use the Service for any illegal purpose or in any way that: (i) causes damage or harm to the Service, Loko, any Seller or any other User; (ii) breaches any applicable local, national or international law or regulation; (iii) is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; (iv) transmits, or procures the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or (v) knowingly transmits any data, sends or uploads any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You must not access without authority, modify, interfere, damage or disrupt the Service; any equipment or network used in the provision of the Service; any software used in the provision of the Service; or any equipment or network or software owned or used by a third party. You are responsible for compliance with local law and regulation when accessing the Service.

Loko will take any action it thinks is necessary to protect the Service and Loko’s Users. This may include Loko suspending, restricting or terminating your account and access to the Service. You understand that if you breach these Terms, then we may decide to remove your access to the Service.

6. Legal obligations

BECAUSE LOKO IS NEITHER THE BUYER NOR THE SELLER OF THE PRODUCTS, IF A DISPUTE ARISES CONCERNING A PRODUCT, BOTH YOU AND THE APPLICABLE SELLER RELEASE LOKO (INCLUDING ITS EMPLOYEES, AGENTS AND GROUP COMPANIES) FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

As a consumer, you are entitled to various statutory warranties (including, for example, that any service is carried out with reasonable skill and care, and any product purchased is of satisfactory quality). Nothing in these Terms shall have the effect of excluding or limiting those implied statutory warranties which may not be excluded or limited under applicable law.

Nothing in these Terms limits or excludes our liability for: (i) death or personal injury caused by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.

7. Other remarks

We may terminate these Terms at any time if: (a) you breach these Terms; (b) you become or threaten to become insolvent or bankrupt; or © we decide to suspend or terminate the Service. These Terms do not affect your legal rights. For more information about your legal rights in relation to any Product purchased that is faulty or is not as described, you may wish to visit your local Citizens Advice Bureau or Trading Standards Office. You agree to compensate and reimburse Loko fully for any claims or legal proceedings which are brought against Loko as a result of your breach of these Terms or misuse of the Service. No other person has any rights to enforce any of these Terms. You may not transfer your rights or obligations under these Terms to anyone else without our written permission. We may transfer our rights and obligations to another party, but this will not affect your rights or our obligations to you under these Terms.

Each of the paragraphs in these Terms operates separately. If any courts or relevant authority decide that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

The law governing the relationship between the parties shall be English law.

8. Contact information

If you have any feedback, questions or complaints or any requests for technical support, then please contact us. If your query concerns a Product, then please contact the relevant Seller first. LOKOAPP Limited is a company registered at SUITE 11, PENHURST HOUSE, 352-356 BATTERSEA PARK ROAD, LONDON, SW11 3BY, ENGLAND