Terms Of Use_TTT
LOKE – TTT Terms Of Use
This Agreement including any links (“LOKE – TTT Terms of Use”) is a contract between the End User (“you”, “your”, “User” or “End User”) and LOKE Mobile Limited (UK Company Number 11252565) (“LOKE Mobile”). You acknowledge that your use of the LOKE Take to Table Solution, or Platform will constitute acceptance of these LOKE - TTT Terms of Use.
The LOKE Take to Table Solution allows End Users to order food, drinks and other concessions from a Food and Beverage Partner which may be delivered to a Venue Partner or picked up from the Food and Beverage Partner. (“Take to Table Solution”). The LOKE website at https://loke.global/ or any other website or application through which LOKE makes its products or services available (collectively, the “Site”) and any interaction with you via the Site or Take to Table Solution is referred to as a “Service”. In these TTT Terms of Use, the Take to Table Solution or Site as appropriate are referred to as the “Platform”.
LOKE collects personal data from you in the course of providing you with access to the Platform. Our privacy policy provides further information about the purposes for which information is collected and information you can gain access to which we hold about you.
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 Data’ has the meaning given by the Data Protection Act 2018 (UK).
(c) ‘Personnel’ means the officers, employees, contractors (including subcontractors and their employees) and agents of LOKE Mobile, any LOKE Mobile group company, a Venue Partner or Food and Beverage Partner.
(d) ‘Third Party Service’ means any third party software, application or website which the Platform directly or indirectly interacts with.
(e) ‘User’ or “End User” means any person who accesses the Platform.
(f) ‘Food and Beverage Partner’ means a food and beverage partner who is offering food, beverage or other concessions for sale and pick-up/delivery to End Users through the Platform.
(g) ‘Venue Partner’ means the partner who owns or operates the Venue.
(h) “Venue’ means the venue at which the End User accesses the Take to Table Solution, orders, consumes or takes delivery of food, beverage or other concessions from a Food and Beverage Partner
(i) ‘Take to Table Solution’ means LOKEs “Take to Table” solution which allows End Users to order food, drinks and other concessions from a Food and Beverage Partner which may be delivered to the Venue or picked up from the Food and Beverage Partner.
2. LOKE
(a) LOKE Mobile owns and operate the LOKE Take to Table Solution and Site.
(b) By clicking “I Agree” and/or by accessing and/or using the Platform (whichever is first), the User will be bound by these terms and conditions as they appear on the Platform from time to time.
(c) LOKE reserves the right to unilaterally amend the LOKE Take to Table Solution (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 at [https://loke.global/user-terms-uk-ttt] and/or via the LOKE Take to Table Solution.
3. REGISTRATION
(a) The User acknowledges and agrees that:
(i) it can use some aspects of the LOKE Take to Table Solution without registration with LOKE; but
(ii) to use all functionality of the LOKE Take to Table Solution it may need to register and provide to LOKE all information required by LOKE during the registration process (User Information) via the LOKE Take to Table Solution 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 or privacy rights of any third party.
4. FRAUD AND RISK
(a) LOKE reserves the right to restrict use of the LOKE Take to Table Solution if LOKE suspects fraud, a breach of these LOKE – TTT Terms of Use, a breach of the LOKE Privacy Policy or if LOKE otherwise believes there is any kind of risk to us, you, a Venue Partner, a Food and Beverage Partner or any LOKE user.
(b) You authorise us to make, directly or through third parties, any enquiries we consider necessary to prove your identity. This may include verifying information you provide against third party databases. Please refer to our Privacy Policy for more information.
5. INTELLECTUAL PROPERTY RIGHTS
(a) Except as permitted under the Data Protection Act 2018 (UK), or any other applicable law in the location from which the User has access to the LOKE Take to Table Solution, the User may not reproduce, distribute, adapt or publish copies of any information or material found on the LOKE Take to Table Solution (or the LOKE Take to Table Solution itself) in any form (including by e-mail or other electronic means), without LOKE’s prior written consent.
(b) All trademarks, copyright and other Intellectual Property Rights in the LOKE Take to Table Solution and the information material contained on the LOKE Platform is owned by or licensed to LOKE.
6. PRIVACY
(a) LOKE will store and handle all Personal Data provided by the User in accordance with the requirements of the Data Protection Act 2018 (UK) and the terms of LOKE’s Privacy Policy.
(b) LOKE, the Venue Partner and/or the Food and Beverage Partner (including their authorised third party contractors) may use any data and information (including Personal Data) that has been submitted by the User for the purpose of registering with or otherwise using the LOKE Take to Table Solution to provide the User with the LOKE Take to Table Solution, and for other purposes including to:
(i) customise any promotional or marketing material made available via the LOKE Take to Table Solution;
(ii) contact the User with information regarding the LOKE Take to Table Solution; and
(iii) monitor the User’s use of the LOKE Take to Table Solution.
(c) The LOKE Take to Table Solution may log (and LOKE may have access to) information about any mobile device or computer used to access the LOKE Take to Table Solution (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 Take to Table Solution. Any information submitted by the User using the LOKE Take to Table Solution 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 Take to Table Solution (“Information”). You agree to comply with all applicable law and rules in connection with your collection, security and dissemination of any of this Information.
(f) If LOKE believes that a security breach or compromise of Information 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.
7. DISCLAIMER
(a) LOKE is not the supplier of any of the goods and services advertised through the LOKE Take to Table Solution. LOKE does not moderate interaction between Food and Beverage Partners, Venue Partners and Users.
(b) The Food and Beverage Partner(s) is entirely responsible for all goods and services advertised via the LOKE Take to Table Solution. All disputes relating to any advertised goods and services must be directed to the Food and Beverage Partner. LOKE will provide you contact details of a specific Food and Beverage Partner at your request.
(c) Representations about goods and services are based on information and material provided to LOKE by the relevant Food and Beverage Partner. For the avoidance of doubt, the User acknowledges that LOKE and the Venue Partner take no responsibility whatsoever nor make 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 Food and Beverage Partners, on the LOKE Take to Table Solution.
(d) Any dispute between the User and the Food and Beverage Partner must be resolved by the User and the Food and Beverage Partner. LOKE and the Venue Partner is under no obligation to resolve or assist the User in resolving a dispute with a Food and Beverage Partner.
8. LIABILITY AND INDEMNITIES
(a) To the fullest 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 or any Venue Partner 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 and that of our Venue Partners 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 The Consumer Rights Act, 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 Consumer Rights Act, provided that, to the extent that the The Consumer Rights Act 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 and the Venue Partner do 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 Take to Table Solution;
1. representations made by a Food and Beverage Partner(s) via the LOKE Take to Table Solution (including where inaccurate information or material has been provided);
2. the User’s dealings with a Food and Beverage Partner(s) arising from use of the LOKE Take to Table Solution; and/or
3. any failure in the networks or servers used to provide the LOKE Take to Table Solution.
(ii) As a condition of the User’s use of the LOKE Take to Table Solution, the User agrees to indemnify and keep indemnified all Personnel against all expenses, losses, damages and costs (on a solicitor and own client basis and whether incurred by or awarded against LOKE, a Venue Partner, a Food and Beverage Partner or any of their respective Personnel) that LOKE, our Venue Partners or Food and Beverage Partners or any of our respective 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 Take to Table Solution; 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 Take to Table Solution.
(e) the User agrees that, to the fullest extent permitted by law, that LOKE, its Venue Partners and Food and Beverage Partners shall not be liable to any User for any loss, costs, indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of use of the Take to Table Solution or Platform by Users or Food and Beverage Partners, including without limitation loss of profits, revenue, business, or data, even if such damages were foreseeable.
9. TERMINATION OF ACCESS
(a) LOKE may terminate the User’s access to the LOKE Take to Table Solution 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 Take to Table Solution are to be determined by the courts of England and Wales, in accordance with the laws of England and Wales.
(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, or any part of any term or condition are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions, or part thereof will continue in force.