Lokafinds Terms of Service:
Welcome to Lokafinds! We operate a marketplace which allows you to buy and sell items using our website. Have a good time, and remember our house rules!
1.1 Welcome to the Lokafinds platform (the 'Site'). We'll refer to our website and other services as our"Services", and Lokafinds will be addressed individually or collectively as "Lokafinds", "we","us", or"our". Do read through the following Terms of Service carefully before using the Site or any of our Services. By browsing our Site, you'll be agreeing to our Terms. The Terms are here for you, so that you are aware of your legal rights when using our services.
1.2 This document and any documents referred to within it will collectively make up the 'Terms of Service'. These terms constitute a legally binding agreement between you and Lokafinds in relation to our provision of the Lokafinds service to you. Capitalized terms which are defined in either the Buyers' Rules or Sellers' Rules and not defined in these terms shall have the same meaning as set out in the relevant rules.
1.3 When you register for a Lokafinds account (including when you register through a third party application or service) or otherwise access or use the Lokafinds service including for the purpose of posting an advertisement, you are accepting these Terms:
1.3.1 When using the Lokafinds service as a Buyer, you promise that you will comply with the Buyers' Rules; and
1.3.2 When using the Lokafinds service as Seller, you promise that you will comply with the Sellers' Rules
1.4 Our "Services" include (a) the site, (b) the services provided by the site,(c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages,tags, content, programming, software, application services. Any new features added to or augmenting the Services are also subject to these Terms of Service. Content that is posted by Users using our Services will be "Your Content". Your Content includes your usernames, shop names, profile pictures, listing photos, listing description, reviews, comments, videos etc.
1.5 Our services include an online platform service that provides a place and opportunity for the Sale/Buy of goods between the Buyer and the Seller, collectively known as "Users" or "Parties".
1.5.1 Lokafinds role is an intermediary only in respect of any transactions entered into between parties through the Lokafinds service.
1.5.2 The actual contract for a sale/buy is directly between the Buyer and the Seller. We are not a party to that contract or any other contract between Buyer and Seller. Parties to the transaction will be entirely responsible for the Sales Agreement between them in accordance to the listing of goods, warranty of purchase and like.
1.5.3 As such, we accept no obligations in connection to these contracts. Lokafinds cannot be held responsible for, and, to the maximum extent permitted by law, excludes liability for, the conduct of users of the Lokafinds service.
1.5.4 We do not pre-screen Users and any of Your Content. We cannot ensure that Users will actually complete a transaction.
1.5.5 You acknowledge that in its capacity as an operator of the Lokafinds service and an intermediary in any transactions carried out through the Lokafinds service,Lokafinds has the discretion to cancel any listing posted by a Seller, any request to Buy an item submitted by a Buyer, or any transaction,upon the provision of written notice to the parties involved, if it reasonably believes such listing, request or transaction does not comply with these Terms, the Buyers' Rules or the Sellers' Rules.
1.6 Using Lokafinds Service as an Seller
1.6.1 When you agree as a Seller to sell an item to a Buyer, you acknowledge that you are entering into a separate contract with the Buyer and that such contract with the Buyer includes a promise by you to comply with the Sellers' Rules and these Terms.
1.6.2 You also acknowledge that the Buyer is in no way acting under the control, or on behalf of Lokafinds, that your agreement to sell any item to the Buyer is solely with the Buyer, and you agree not to make any claim or assertion that Lokafinds is in anyway liable or responsible for any loss or liability suffered by you in relation to any act or omission by the Buyer.
1.6.3 You agree that you are solely responsible for your compliance with the Sellers' Rules, fully liable for any non-compliance with the Sellers' Rules and any compensation due to the Buyer in respect of any such non-compliance, including that the item offered for sale matches the description in your listing. You further acknowledge that Lokafinds does not have: (i)any responsibility for your compliance with the Sellers' Rules; (ii)any obligation to underwrite any liability you may have for non-compliance; (iii) any obligation to compensate the Buyer for any breach of your agreement with the Buyer in any way.
1.7 Using Lokafinds Service as a Buyer
1.7.1 When you agree as a Buyer to Buy an item from the Seller, you acknowledge that you are entering into a separate contract with the Seller and that such contract with the Seller includes a promise by you to comply with the Buyers' Rules and these Terms.
1.7.2 You also acknowledge that the Seller is in no way acting under the control ,or on behalf of Lokafinds, that your agreement to Buy any item from the Seller is solely with the Seller, and you agree not to make any claim or assertion that Lokafinds is in any way liable or responsible for any loss or liability suffered by you in relation to any act or omission by the Seller.
1.7.3 You agree that you are solely responsible for your compliance with the Buyers' Rules and any compensation due to the Seller in respect of any such non-compliance. You further acknowledge that Lokafinds does not have: (i) any responsibility for your compliance with the Buyers' Rules; (ii) any obligation to underwrite any liability you may have for non-compliance, or (iii) any obligation to compensate the Seller for any breach of your agreement with the Seller in any way.
1.8 We reserve the right to change, modify, suspend or discontinue all or any part of this Site or Services at any time. We may release certain Services or their features while they are still considered to be a beta version, which may not work correctly or in the same way as how the final version may work, and cannot be held liable in such instances. We may also impose limit on certain features or restrict your access to parts of, or the entire Site or Service at its sole discretion without notice or liability.
1.9 We reserve the right to refuse to provide you access to the Site or Service or to allow you to open an Account for any reason.
2.2 Users in possession of another User's personal data obtained through the use of the Services hereby agree that, they will (i)comply with all applicable personal data protection laws, (ii) allow User (Seller of personal data) the right to remove their collected data from User (receiver of personal data) from the database upon request.
2.3 You also agree to receive direct electronic messaging marketing communications from us unless you tell us that you prefer not to receive such communications.
3. Your Account
3.1 You'll need to create an account with us to use some of our Services. Here are a few rules about accounts with us:
3.1.1 You must be 18 or older to use our Service. Otherwise you may only use our Services under the supervision of a parent or legal guardian.
3.1.2 Be honest with us, and provide accurate information about yourself. All information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. It's not OK to use false information or impersonate another person or company through your account.
3.1.3 You are responsible for your account. You're solely responsible for any activity on your account. If you're sharing an account with other people, then the person's name on the account will be ultimately be responsible for all activity. If you're registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
3.1.4 As we've mentioned above, you're solely responsible for any activity on your account, so remember to keep your login and password secure. You should choose a strong, unique password, which you do not disclose to anyone else or use with any other service. Lokafinds will not be responsible for any losses suffered by you in circumstances where your account is used by someone else.
4. Limited License
We grant you a limited and revocable license to access and use our Services, subject to our Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Site are the property of Lokafinds and where applicable, third parties proprietors identified in the Site. You agree not to copy, distribute, republish, mirror, frame or create derivative works without our prior written consent.
5. Your Content
5.1 Content that you post using our Services is your content. This includes usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, video, etc.
5.1.1 You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and you're not infringing or violating any third party's rights by posting it. You agree to compensate Lokafinds for any losses that Lokafinds suffers as a result of any breach by you of any of the promises made by you in these Terms.
5.1.2 Posting Your Content through our Services, you grant us a license to use it. This license allows us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify reproduce, distribute, store and prepare derivative works of Your Content to promote the Services or our Site. We do not claim Sellership to Your Content, but we have your permission to use it to help us function and grow.
5.1.3 If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us. If Lokafinds becomes aware that any of Your Content does not, in our reasonable opinion, comply with the Terms,you acknowledge that Lokafinds may remove it, without liability.
5.1.4 You agree to not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items/Services section. You also agree not to post any content that is false, misleading or uses the Services in a manner that is fraudulent or deceptive. Although Lokafinds has rules for the posting and uploading of Your content, the features of Lokafinds Service may be misused and sometimes Your content can still be posted that is misleading or deceptive. You should not therefore rely on any other user's content ("User Content") being accurate or complete. You accept that if you do rely on any User Content which has been posted or uploaded, you do so at your own risk.
6. Your Use of Our Services
6.1 We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services. You agree that you will not violate any laws in connection without your use of the Services. This includes any local, state, federal and international laws that may apply to you. You agree to comply with the restrictions on your use of Lokafinds asset out in these Terms.
6.2 You are responsible for paying all fees that you owe to us which is 10% of every completed transaction on the platform. You are also solely responsible for collection and/or paying any applicable taxes for any purchases or sales you make through our Services.
6.3 You agree not to attempt to obtain source code of the services. You agree to not interfere with or disrupt/harm our services.
6.4 Violations of this policy may result in a range of actions, including any or all of the following: listing deletion, account suspension or legal action; if necessary.
6.5 If you believe a User on our Site is violating these terms, please contact us.
6.6 As a condition of your use of Lokafinds Service, you agree that you will not:
6.6.1Breach any applicable laws;
6.6.2 Breach any of the Terms;
6.6.3 Breach the Sellers' Rules,when acting as a Seller;
6.6.4 Breach the Buyers' Rules, when acting as a Buyer;
6.6.5 Post any threatening, abusive, defamatory, obscene, inappropriate or indecent material;
6.6.6 Post or otherwise communicate any false or misleading material or message of any kind;
6.6.7 Use Lokafinds Service to intentionally deceive other users;
6.6.8 Infringe the rights of any third party;
6.6.9 Disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Lokafinds Service;
6.6.10 Distribute spam, chainletters, or promote pyramid schemes;
6.6.11 Distribute any viruses or any other technologies that may harm Lokafinds or the interests or property of Lokafinds users;
6.6.12 Impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Lokafinds;
6.6.13 Copy, modify or distribute any other person's content without their consent;
6.6.14 Use any robot, spider, scraper, or other automated means to access Lokafinds and/or collect content for any purpose without our express written permission;
6.6.15 Harvest or otherwise collect information about other users, including email addresses, without their consent;
6.6.16 Copy, modify, or distribute rights or content from Lokafinds Service ,services, applications or tools or Lokafinds copyrights and trademarks;
6.6.17 Bypass security measures used to prevent or restrict access to Lokafinds;
6.6.18 Sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
6.6.19 You agree to compensate and defend Lokafinds against any claims or legal proceedings brought against Lokafinds by any other person as a result of your breach of these Terms.
7. Purchase and Payment
7.1 We support Cash on Delivery, Dragonpay, Credit Card and Paypal payment channels
7.2 All sales on the platform are binding. The Seller is obligated to complete the transaction with the Buyer in according to the Sales Contract terms and condition of the listing or as agreed between the parties
8. Service Commission
8.1 The Seller will pay us a 10% commission on the total transaction amount received by the Seller (including taxes, if any) excluding other charges indicated by the Seller. Should there be changes in the commission %, the Seller will be duly notified by Lokafinds before the new rates are effected. Note that Lokafinds has the full authority to change the commission rate without need of approval from any Seller or Buyer signed up in the Lokafinds marketplace.
8.2 Our commission will be deducted directly from your funds before the funds are settled into your account.
8.3 All third-party payment channels will charge you an additional fee for payment processing. This fee will be dependent on your location as well as your Buyer's location. This is on top of the service commission that we charge.
9. Seller's Responsibilities
9.1 Sellers will properly manage and ensure that relevant information such as the price and the details of items, inventory amount and will not post inaccurate or misleading information.
9.2 The pricing of items for buy/sale are determined by the Seller at his/her own discretion. The price of an item and shipping charges may include any additional charges such as sales tax, value-added tax, tariffs etc.This will either be imputed as part of the total sales price or can be defined by the Seller as add-ons of the listing at his/her discretion.
9.3 Sellers are obligated to deliver the sold item as described in a prompt manner or as per the Sales Agreement terms &conditions of the listing, unless there is an exceptional circumstance. If there are any exceptional circumstances, the Seller is obliged to contact the Buyer to inform them of any delays or inability to complete the transaction.
10. Disputes with Other Users
10.1 If you find yourself in a dispute with another user of our Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
10.1.1 If the item was not received,Buyer needs to make a report to the Seller by contacting him/her directly. The Seller should address your concern and provide updates on the delivery of the item and its tracking information. If you find that the Seller’s response is unsatisfactory, you can log a dispute in PayPal's dispute resolution center. PayPal may require additional information about the transaction including chat history, photos of the items and the Sales Agreement terms and conditions. You should always communicate through the Lokafinds website so that you would have the full audit trail of the transaction.
10.1.2If the item condition has significant discrepancies from what was stated in the item description, Buyers should contact the Seller directly. The Seller will address your concern and offer a solution, such as offering a replacement or trading for another item.If both Buyer and the Seller have agreed on returning the item & cancelling the booking, Buyer should take note of the following: Buyer must return the item in the exact same condition in which it was received. It is your responsibility as the buyer to pay for the return cost of shipping. You,as the buyer, need to pay for any customs charges incurred on the returned item. If you find the resolution provided by the Seller unsatisfactory, you can file for a refund in PayPal's dispute resolution center. PayPal may require information like the chat history, item description, photos of the item provided by both you, as a buyer and the Seller, and any other information about the item that you and the Seller have provided. You should always communicate through the Lokafinds website so that you would have the full audit trail of the transaction.
11. Changes to the Terms
11.1 We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services.Improvements and updates are also made to reflect changing technologies,tastes, behaviours and the way people use the Internet and our Service.
11.2 We may revise the Terms of Service but the most current version will always be at this link.
11.3 We will try, where possible and reasonable, to contact you to let you know about significant changes to any of the documents referred to in these Terms of Service. We may make contact through the system or via a separate email.
11.4 The current version of the Terms of Service contains the only terms that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.
12. Prohibited Items/ Services
Lokafinds is a curated marketplace for locally made products. However, for a variety of reasons we prohibit certain types of items from our marketplace. Some of these items present legal risks to our community.
It is the Seller's responsibility to ensure that their proposed item complies with all laws and is allowed to be listed for sale in accordance to local laws' of the marketplace's incorporation. For Seller's convenience we have provided a non-exhaustive guideline on prohibited and restricted items that are not allowed for sale. We will update this guideline from time to time where necessary.
If an item is found to be in violation of this policy, we may subject the Seller to a range of adverse actions, including listing deletion, account suspension, account termination and legal action
The following types of items are prohibited:
ii. Tobacco products, smokeable products, e-cigarettes and e-liquid
iii. Drugs and drug paraphernalia
iv. Medicine, medicinal instruments and items with objectionable medical claims.Listings are prohibited to make claims such as having a causal relationship between a substance and the prevention, cure or treatment of a disease or condition.
v. Live animals and insects
vi. Items made or derived from animals, including, but not limited to, endangered species and exotic animals
vii. Ivory or bones, including tusks, elk ivory, fossilized ivory and wooly mammoth ivory from ivory-producing animals.
viii. Human beings, human remains,body parts and items made from human remains,except for hair
ix. Hazardous materials which are flammable, explosive, corrosive, radioactive material, poisonous or otherwise dangerous
x. Items or listings that promote,support or seek to engage users in illegal activity
xi. Items or listings that promote,support or glorify hatred and seek to discriminate and/or demean on the basisof race, religion, gender, gender identity, disability or sexual orientation
xii. Items that infringe copyright laws including, but not limited to, unauthorized sales of eBooks
xiii. Counterfeit items
xiv. Unauthorized resale of tickets
xv. Stolen or Illegal goods
xvi. Illegal services not limited to prostitution
xvii. Pornography and adult material and services including, but not limited to,pornographic books, magazines,videos and pictures
xviii. Used undergarments and intimate items
xix. Recalled items or items that present unreasonable risk of harm
xx. Mislabeled goods
And any other items illegal or restricted in the jurisdiction of the Buyer and/or the Seller or which otherwise encourage illegal or restricted activities.
If you see a listing that violates our policies, please contact us.
13. Contact, feedback and complaints
If you need to contact us please click on contact us for our contact details. We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.