- By downloading this App or by creating an account on the Website, you are agreeing to the following terms, including those available by hyperlink, which are designed to ensure the correct use of the App, Website and any associated services for everyone.
- In these Terms, “Service” means the service you connect via the App or the Website, and the content we provide to you through it.
- These Terms constitute a legally binding agreement between you and Damowa Golden River Holdings Inc (“LOKET”, “We” or “Us”) and are effective as of 1st July, 2021.
LICENCE TO USE APP
- This license granted to You for the Licensed Application by Us is limited to a non-transferable license to use the Licensed Application on any Devices that You own or control and as permitted by the Usage Rules. This license does not allow You to use the Licensed Application on any Devices that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Us and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Us that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
- The license is effective until terminated by You or us. Your rights under this license will terminate automatically without notice from us if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application
- Our website and App is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be interrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
- You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and that they comply with them.
- We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform and use your own virus protection software.
DESCRIPTION OF THE SERVICE
The type, detail, and service charge of the Service are as follows:
- Type: mobile service providing local community information and consumer-to-consumer trading
- Service Name: LOKET
- Description: The Service provides users with the opportunity to join a local community market which allows a user to post information in relation to second hand goods the user wishes to buy or sell and shares the user’s location information in order to identify potential local buyers and sellers. The Service also provides local lifestyle and advertising.
- Service Charge: There is no service charge for using the Service. However, this is subject to clause 5 below.
- The Service provided by us is shall be subject to fees unless otherwise stated. Separate paid services can only be used after paying the fee as indicated in the relevant service.
- We may invoice a service charge for any paid Service in accordance with any method as may be necessary under relevant rules and regulations issued by the government.
- Any cancellation or request for refund shall be subject to appropriate review by LOKET, depending on the merits of the request and on proper substantiation and documentation, at the discretion of LOKET.
- LOKET shall not be liable for any telecommunication or data charges by the use of wireless services is separate and shall be governed by the policy of your mobile carrier. Any fees incurred when a thread is posted via such means as SMS and/or MMS is governed by the policy of your mobile carrier.
- Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in privacy policies and it is important that you read that information.
- Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
- By agreeing to these Terms, you warrant to us that in using the Service you will comply with all applicable Data Protection laws and regulations.
APP STORE’S TERMS ALSO APPLY
The ways in which you use the App and Documentation may also be controlled by the App Store if using an Apple device or Google Play if using an android and their rules and policies will apply instead of these Terms where there are differences between the two.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
- Contacting us (including with complaints). If you think the App or the Service have inaccuracies or issues or wish to contact us for any other reason please email our customer service team at [email protected]
- If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
The license granted to you in Clause 2 is in consideration of your agreement to abide by these Terms. This license does not extend to a right to use any LOKET trademark and logo. You are solely responsible for all the information you submit to the App and any consequence that could result from your submission.
As a condition of using this App and Service, you may not:
- violate any of these Terms;
- Use foul, racist and/or discriminatory language or post indecent, lewd or immoral photos or acts which depict criminal or illegal matters, including but not limited to, child pornography;
- import or export any product listed on the Service to or from a location outside of the Philippines;
- modify, copy, publish, license, sell or otherwise commercialize this App or any information or software associated with this App;
- use this App in any manner that could impair any of our sites or App in a way or interfere with any party’s use of enjoyment of any of our sites or App;
- otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free;
- copy the App, Documentation or Service, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security; and/or
- translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Service nor permit the App or the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Service on devices as permitted in these Terms.
- You must comply with any applicable third-party terms when using this App (for example your wireless data service agreement or App Store agreement).
ACCEPTABLE USE RESTRICTIONS
You must not:
- use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
- use the App or any Service to buy or sell any goods or services listed in LOKET’s Forbidden Items Policy which is available here;
- infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these Terms);
- transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
- Fake and imitation (brand rights, copyright infringement goods, imitating the style of a particular brand);
- Liquor, tobacco, mock gun and all its accessories (adolescent harmful items such as ex. lighter and non-carbon bullets);
- Oil trade in diesel, LPG, gasoline, etc.
- Oriental medicine, medicine, illegal drugs
- Promotion/recruitment of illegal similar medical practices by persons without a license or qualification, such as semi-permanent cremation;
- Expired products
- Repeated/large-selling handmade products
- Cosmetic samples
- Pornographic materials or products — any media format
- Privacy (including gaming accounts)
- Military equipment, police equipment, knife inspection, gunpowder, sprayer, electronic shocker, crossbow, bow (electrical equipment or industrial goods without safety certification mark)
- Repeated foreign exchange transactions with a view to foreign exchange transactions of more than USD 1000 or profit from sale (exchange transactions of less than USD 1,000 are permitted without a view to profit from sale).
- All other goods in violation of the law.
For the convenience of users, we may display a variety of information related to the use of the Service and the promotion of our other services in our Service or send them to the user’s mobile phone as text messages (SMS) or in any other means as may be necessary under the circumstances.
YOU MUST BE 18 TO ACCEPT THESE TERMS
You must be 18 or over to accept these Terms, download the App and use our Service.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of the services we offer, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Service to you.
WE MAY COLLECT LOCATION DATA
(This is important since the app information and services are both location-based).
Our Service will need to make use of location data sent from your device. We will obtain location information from a location information service provider that collects location information on your device. We offer a service that allows users to become a member of a local community based on their current location and upload posts related to the local community with other users. Another service we provide is to provide lifestyle and advertising based on location. When accessing the App on your device, you will receive a notification which will give you the choice of whether to consent to our collection of location data. If you do not consent to us accessing this data, then your use of the App and the Service we are able to provide will be affected. By providing consent we and our affiliates’ and licensees’ may transmit, collect, retain, maintain, process and use your location data and queries to provide and improve location-based and road traffic-based products and services.
Furthermore, you agree that we may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. We may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
- The App or any service we offer may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
- You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
- You agree not to hold us responsible for anything other users post or do.
INTELLECTUAL PROPERTY RIGHTS
- Any content you upload will be considered non confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant to us and other users of the App and Service a limited license to use, store, copy or modify that content and to distribute and make available to third parties. The license allows us to show posts in search results of search engines (such as Google, Bing), to use posts in any on-line advertisement of the App and Service including on Facebook, other social media sites, advertising platforms and to use posts for service notices or operational content. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you constitutes a violation of their intellectual property rights or of their right to privacy.
- You may, at any time, request us to delete, exclude from search results or render the posts private via the Customer Centre or by contacting the webmaster. You may withdraw your consent at any time for us to use your posts for our own marketing purposes and this will have no affect on your continued use of the App and Service.
- We have the right to remove any posts you make if, in our opinion, your post does not comply with these Terms. You are solely responsible for securing and backing up your content.
- You warrant that, where necessary, you have obtained the requisite permissions and consents to:
- use the intellectual property of another Service user or third-party; or
- make reference to another Service user or third-party in any content posted by you or any person accessing the Service whilst logged into the App or Website.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
- When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- We are not liable for business losses. The App and Service is for domestic and private use. If you use the App or the Service for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Limitations to the App and the Service. The App and the Service are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
- Check that the App and the Service are suitable for you. The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service (as described on the Appstore or Google Play) meet your requirements.
- We are not responsible for events outside our control. If our provision of the Service or support for the App or the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any services you have paid for but not received.
- If there will be negotiations or agreements between you and other users outside of the App, online or offline, we are not liable for any of the outcome.
- To the extent not prohibited by law, in no event shall application provider be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if application provider has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two thousand five hundred pesos (PhP2,500.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
If you have a dispute with one or more users of the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
CHANGES TO THESE TERMS
- We may amend the Terms, the instructions on how to use the Service, and announcements in order to reflect any changes in the law or the Service, etc. In the event we amend these Terms, we shall display the amended items on the individual start-up screen of the App, and subject to the below, the amended Terms shall become effective seven (7) days after the notice has been given. Where the proposed amendments are substantial, the amended Terms shall become effective thirty (30) days after the giving of notice.
- If you do not accept the notified changes you may not be permitted to continue to use the Service.
UPDATE TO THE APP AND CHANGES TO THE SERVICE
- Ideally, the Service can be used throughout the year and twenty-four (24) hours a day. However, we may suspend the Service on the grounds of work-related or technical matters, and for a certain period of time set by us for the purpose of management.
- The Service may be temporarily suspended for regular or temporary inspection for maintenance and repair of equipment, or other significant reasons. In such an event, we will give prior notice in the App delivery screen. If the Service is interrupted for reasons that cannot be predicted, we will notify you immediately upon being made aware of the situation.
- From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
- If you choose not to install such updates you may not be able to continue using the App and the Service.
WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICE IF YOU BREAK THESE TERMS
We may end your rights to use the App and Service at any time by contacting you if you have breached these Terms in a serious way. We may restrict or suspend your use of the Service in the event of each of the following:
- you deliberately or negligently interfere with the management of the Service;
- you falsified or provided any misleading information when registering with our Website or when using the App;
- if it is unavoidable due to the maintenance, repair, or construction of equipment for the Service;
- there is a disruption in the use of the Service due to an emergency, malfunctions in the Service equipment, or the overload in the use of the Service;
- we deem that continuing the provision of the Service is inappropriate on other serious grounds;
- obstruction of the provision of the Service or access to the Service by using a method other than that instructed by us;
- collection, use or disclosure of information of other users without permission;
- use of the Service for profit or publicity purposes;
- sending or posting information violating good public order or morals and any applicable law such as obscene materials or information infringing on copyright or other form of intellectual property;
- copying, modifying, distributing, selling, assigning, lending, providing as a security the App or any associated service or part of the software included therein, or allowing another person to engage in such use without our consent;
- reproducing, disassembling, imitating, or otherwise modifying the App, such as attempting to reverse-engineer the software or extract the source code; or
- failure to comply with any relevant laws and regulations or these Terms. Where we restrict or suspend the use of the Service due to the provisions of the paragraphs above, we shall inform you as to the reasons why the suspension/restriction has occurred and the period of suspension/restriction if possible.
TERMINATION OF THIS AGREEMENT (DE-REGISTRATION)
- If you no longer wish to use the Service, you may, at any given time, request the termination of this agreement through the menu option. We will process the request in an expeditious manner in accordance with the law. However, for the prevention of misuse of the Service such as fraud, a user who is engaged in an on-going transaction or a transaction-related dispute may be restricted from
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these Terms to another organization without need of further consent. However, we will inform you if this happens.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
Third Party rights shall not be recognized unless with the consent of us.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by the laws of the Republic of the Philippines.