LOKO

TERMS & CONDITIONS

Effective Date: 2023:01:01

Dear User, we strongly recommend that you acquaint yourself carefully with Terms and Conditions (“Terms” or “Agreement”) before using the services, provided by Loko. By signing in into online SaaS or Demo version of the service you agree that Loko will store your credentials. You agree to respect the services and follow the Terms and Conditions, prepared by Loko App. Additional Agreement can be applied for services and products that will be launched in future, so for your best experience, it is important to be familiar with all of these Terms and Conditions.

By using the Loko software services and products, you signify that you unconditionally agree and accept to be legally bound by these Terms.

These terms and conditions constitute an agreement between end user (you) and Loko App governing your use of the Service. This version of Agreement supersedes any prior agreements between you and Loko App.

Visiting this website, signing in to use services via Facebook, Instagram and LinkedIn for SaaS or Demo versions you are agreeing to follow the Terms and Conditions that are written below. The service provided by Loko App on this website include services that help you how to manage, track and establish sales. All new features that are added in future on the Loko software will be subject to these Terms and Conditions. The newest version of the Terms and Conditions will always be placed online on the website.

In the case of any violation of this agreement, Loko App reserves the right to suspend or terminate your account or license without notice.

In addition, Loko App may not provide the access to the Services if you are Loko’s competitor. Also, we may not give you the access to our service and products for purposes of monitoring its availability, performance or functionality, or for any other benchmarking, testing or other competitive purposes.

Before you become the user of the Loko software services and products you must carefully read, unconditionally agree and accept all of these Terms and Conditions. It is your obligation to check them for updates from time to time.

Only these Terms and Conditions are applicable to Loko App. Any other forms of Terms and Conditions made to you by its employees or representatives are not applicable to the Loko Software.

If you do not agree with these Terms and Conditions, then you have no right to use the Loko software services and products.

Definitions

• “Agreement”: these Terms and Conditions
• “Confidential Information”: all kind of information shared between you and Loko, in any written, verbal or electronic forms. It does not include information which is, or becomes publicly available other than through unauthorized disclosure of the other party.
• “Customization”: a process of developing software that is specifically designed for a specific organization/business.
• “Data”: any kind of information that you have inputted with or without your credentials into the website.
• “Loko”: means the name of software, products or services provided on this website.
• “Intellectual Property Rights”: any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
• “On demand”: at any time when the user requires it. In the case of Loko means hosting the software on clients’ side and customization by Loko developers.
• “SaaS”: Software as a Service. It is a software licensing and delivery model in which software is licensed on a subscription basis and is centrally hosted.
• “Services”: all kind of services related and not limited to customer relationship, human resources, inventory and products, accounting, sales and purchases, orders, invoices payments management and their configurations provided by Loko developers.
• “Software”: all human readable, machine operable and all other forms of the software which comprise the Service and incorporating all forms of any modifications made to it by Loko from time to time.
• “Terms”: These terms and conditions
• “User”: a person who uses services provided by Loko App.
• “Website”: internet site at the domain https://loko.co.ke or any site operated that is operated by Loko.
• “You”: you, the person who uses our services, products or software on our website or by using mobile applications.

Changes of these Terms and Conditions

Loko reserves rights to update and change these Terms by posting updates and changes of modifies version on the website at any time. Loko will make every effort to notify you about these changes in Terms via email/preferred method of communication or notifications on the website. You continue use of these updates after the update. You are advised to check the Terms of the service occasionally for any updates or changes that may impact you. Any new software or services provided by Loko that enhances, expands or enlarges existing services will be subject to these Terms. These Terms and Conditions can be changed in future. It is your obligation to ensure that you have read, understood and agreed to the current version of Terms that are available on the website. Please review periodically changes in the Terms and Conditions.

This Terms and Condition are dated 9th September 2023.

End User License Agreement.

Loko gives you the right to access and use the Service (Loko software). This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invited User, or any other applicable laws:

• You determine who is an added user in the system;
• You are responsible for all added users;
• You can revoke or change an added user’s access, or level of access, at any time and for any reason;
• In the case of any dispute between you and an added user regarding access level to any organization or service, you shall decide what access or level of access that added user shall have, if any.

General Obligations

You are allowed to use the service provided on the Loko software only for your own and lawful business and shopping needs, according to these Terms and any notice sent by Loko or conditions posted on the website. You have the right to use this services and website on behalf of others only if you are authorized to do that. Those persons should comply and accept all Terms of this Agreement if they granted you to use Loko software services.

Access:

It is your obligation to keep confidential and secure all logins and passwords that are required to access the Services. If you found any unauthorized use of your credentials or any other attack for Service security, then you must notify Loko and you will be provided with new password or logins details. You must take all necessary actions to maintain the security of accounts that you use.

Accessing and using these Services, you must:

1. Not try to break the security of Loko Services and software, computing networks or systems, or the third party networks where are hosted Loko Services;
2. Not use any service, software to or other programming tools to weaken the ability of any other user to use the Service or Website;
3. Not misuse the Service in a manner that exceeds reasonably usage;
4. Not use the Service in a malicious, fraudulent or unlawful manner;
5. Not to try to get unauthorized access to any data other than that to what you have been given access or to the system where are hosted Loko Services;
6. Not upload any files or input any kind of information into the website that can damage the software, networks, systems or devices;
7. Not upload any material or data protected by copyright or commercial know-how which you don’t have the right to use.
8. Not upload any offensive data or images related to racism, fascism, pornography and so on.
9. Not try to disassemble or decompile any computer software used to deliver the Services by Loko App, hack into the computer networks and systems.

Usage Limitations

Usage of Loko Services may be subject to limitations. It can include number of requests made via Loko software APIs, number of registered users etc. Any kind of limitations maybe varied by Loko. Your obligation is to check these Terms and Conditions periodically for the new version.

Communication

If you use any communication tools available through the website (chat, forum, email, meet, phone or contact us form), you agree to use them only for lawful or legitimate purposes. You must not use any such communication tool to post or to spread, share any material that is not related to these Terms and that can include: files that can damage any other person’s computing devices or software, any offensive content or content or material in violation of any law. If you make any communication on the website, you represent that you are permitted to make such communication. Loko is under no obligation to ensure that the communication on the website are legitimate or that they are related only to the use of the Services. Loko reserves the right to remove any communication at any time in its sole discretion.

Confidentiality and Privacy

Confidentiality

Each party of this Agreement shall preserve the confidentiality of all the confidential information of the other, obtained in connection with these Terms. Neither party may, without the prior written consent of the other, disclose or make any confidential information available to any person, or use the same for its own benefit, other than as contemplated by these Terms. The provisions of previous clause shall not apply to any information which:

• Is or becomes public other than by a breach of this clause;
• Is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
• Is in the possession of the receiving party without restriction in relation to disclosure before date of receipt from the disclosing party; or
• Is independently developed without access to the confidential information.

Privacy

Loko maintains industry standard for privacy policy that sets out the parties’ obligations in respect of personal information. You should carefully read that policy. When you accept and agree to these Terms and Conditions then you have also accept and agree to the Privacy Policy.

Intellectual Property

General:

The website and any documentation or user guides related to the Service remains the property of Loko.

Data Ownership:

The data, entered by you on the Loko software services, remains your own property. You grant Loko a license to use, copy, transmit, store and back-up information and data for the purposes of enabling you to access and use the Services and for any other purpose related to provision of Service to you.

Data Backup:

You must maintain copies of all data inputted into the Service. Loko will do its best to prevent data loss, including periodically data back-up, but does not guarantee that there will be no loss of data. Loko excludes responsibility for any possible loss of data no matter how it was caused.

Third-Party Integration and your Data

If you allow connection of third party applications to use together with the Service, you acknowledge that Loko may allow the providers of those third-party services. Loko will not be responsible for any disclosure, changes or loss of your data resulting from any such access by third-party service provider.

Data Accuracy and Integrity

When you input any data onto the website you agree and acknowledge that you are responsible for ensuring the accuracy of such data. Loko is under no obligation to ensure that your data on the website is an accurate representation of your actual data. We strongly recommend to perform a periodical review of your actual data.

Warranties and Acknowledgements

Authority

You guarantee that, if you register for using the Service on behalf of another person, you have the authority to agree to these Terms and Conditions on behalf of that person or business. Also you agree that by registering to use the Services you bind the person or business on whose behalf you act to the performance of any and all obligations that you become subject to these Terms, without any limitation of your personal obligations under these Terms and Conditions.

Acknowledgement

To use the Services and the website you must be authorized to access the information and to input the data into the website, including any information or data input into the website by any person you have authorized to use Loko Services. You must be also authorized to access the processed information and data that was made available to you through your use of the website and the services.

No Warranties

Loko does not give any warranty about the Services and that they will meet your specific requirements, needs or that they will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including warranties of merchantability, fitness for purpose, title and non-infringement.

Limitations and Liability

Loko excludes all liability and responsibility to you (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information and data) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or website. If you are not satisfied with the service, you must terminate these Terms and Conditions and stop using Loko software services.

Termination

Loko reserves the right to terminate your usage of Services in the following cases:

• You breach any of these Terms and Conditions;
• You terminate this Agreement and you use of the Services and the website.

Help and Support

Technical Issues

In the case of technical issues, you must make all efforts to explore possible root causes before you contact Loko. If you still need some technical assistance, please check the support provided online by Loko on the website or emailing us through buyandsell@loko.co.ke . Also you can use online chat facing some troubles with Services. Loko will do its best to address all queries and requests for assistance received through the website or via email as soon as possible, but does not guarantee you instant support.

Service and Availability

Loko makes all effort to make the Service available 24/7. It is possible that the Service or website may be unavailable temporarily for scheduled maintenance, upgrade or other required technical activities. If for any reason Loko software services are suspended for longer than Loko would normally anticipate, Loko will publish in advance details of such activity on the website.

Other

These Terms, together with Loko’s Privacy Policy, supersede all or any prior agreements between you and Loko relating to the Service provided to you by Loko. Any claims will be considered only if they were made in writing before each parties. Neither party will be liable for any delay or failure in performance of its obligation under this Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money. You may not assign or transfer any rights to any other person without Loko’s prior written consent.
If any part or provision of these Terms is not correct or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of provision. The remainder of this Agreement will be binding on the parties.

Any notice given under these Terms and Conditions by either party to the other must be in writing by email and will be deemed to have been given on transmission unless an electronic error message is received by the sender. Notices to Loko must be sent to buyandsell@loko.co.ke or to any other email address notified by email to you provided when setting up your access to the Service.

A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.

Thank you for taking time to read and the effort to understand our Terms and Conditions.