Terms of service
1.TERMS
1.1 By logging onto, or otherwise accessing, our Platform and/or utilising our services, these Terms of Service (“Terms”) will apply to our relationship with you. These Terms form a legally binding agreement between you and LOKIDI.
1.2 We may modify these Terms from time to time. When we do, we will provide notice to you by publishing the most current version on our Platform. If we make any material change to these Terms, we will provide additional notice to you, such as by sending you an email or displaying a prominent notice on our Platform. By continuing to use the Platform after any changes come into effect, you agree to the revised Terms. If you do not wish to accept the revised Terms, you can close your account.
1.3 Your use of the Platform signifies that you agree to these Terms. If you are using the Platform for an organization, you agree to these Terms on behalf of that organization, and represent you have authority to bind that organization to the terms contained in these Terms. If you do not or are unable to agree to these Terms, do not use our Platform.
2.KEY DEFINITIONS
2.1 The terms “LOKIDI,” “we,” “us,” and “our” to mean LOKIDI Limited.
2.2 We use the terms “you” and “your” to mean any person accessing or using our Platform, and any organization or person using the Platform on an organization’s behalf.
2.3 We use the word “Platform” to mean any website, application, or service offered by LOKIDI, including content we offer and electronic communications we send. We provide our Platform to you subject to these Terms.
2.4 The Term “Services” means any goods (including any information, printed, digital or audio material) or services (including but not limited to any listing or organisation of events, business advertisement, provision of an online searchable database, uploading of any Content on our Platform) provided by us to you, in any form.
2.5 We use the word “Content” to mean the information, material, and any other content that you post to the Platform or otherwise send to us. Examples of your Content include but are not limited to information about LOKIDI groups, events, activities, comments and photos or, any business advertisement.
3.YOUR ACCOUNT AND MEMBERSHIP
3.1 Our Platform is available to anyone who is at least 18 years old. You represent that you are at least 18 years old. Additional eligibility requirements for a particular portion of our Platform may be set by any member who has the ability to moderate or manage that portion of our Platform. For example, the eligibility requirements for a LOKIDI group or LOKIDI event may be set by the organisers of that group.
3.2 We may modify, suspend, or terminate your account or access to the Platform if, in our sole discretion, we determine that you have violated our Terms, including any of the policies or guidelines that are part of these Terms, that it is in the best interests of the LOKIDI community, or to protect our brand or Platform. We also may remove accounts of members who are inactive for an extended period of time. Please email [email protected] if you believe the modification, suspension, or termination has occurred in error.
3.3 When you register, you provide us with some of your personal information, which may include but is not limited to your name, organisation name, email address, organisation address, password, whether the organisation has a social service accreditation and business identifier such an NZBN or Charity registration.
3.4 It is your responsibility to keep your personal information and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password (or else we may need to disable your account). You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others. If someone is using your password or accessing your account without your permission, email us at [email protected].
3.5 Subject to your compliance with these Terms, LOKIDI grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to use the Platform in order to access and use the Services and features that we make available to you.
4.FEES, PAYMENTS AND OFFERS
Use of some of the features on our Platform is free, and we charge fees for other features. We may in the future implement a new fee, or modify an existing fee, for certain current or future features of our Platform from time to time. You agree to pay those fees and any associated taxes for your continued use of the applicable service. Unless otherwise stated, all fees and all transactions are in New Zealand dollars. Any organiser subscription fees are non-transferable.
Organisers are responsible for paying any sign-up fee, subscription and any other applicable fees to LOKIDI on time and through our approved payment methods. Organisers who allow their organiser subscription to lapse are subject to removal as the organiser of the LOKIDI groups associated with their account, and their LOKIDI group (along with all of the information and content associated with or posted to that LOKIDI group) may be terminated. You may only pay organiser fees to LOKIDI using a valid payment method acceptable to us, as specified via the Platform. If we terminate, suspend, or remove your account in connection with violation of these Terms, we are not obligated to refund any organiser subscription fees paid to LOKIDI.
You represent and warrant that you are authorized to use the payment method you designate via the Platform. You authorize us (and our designated third-party payment processors) to charge your designated payment method for the total amount of any fees you owe to LOKIDI, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable to us, your payment may be suspended or cancelled. We reserve the right to adjust, or to instruct our payment processors to make adjustments to a payment that has already been requested or received, in order to correct errors or mistakes, or to issue refunds.
Fees for certain aspects of our Platform may be billed on either a recurring basis or on a one-time basis. If billed on a recurring basis, the fees are payable in advance of the applicable period specified via the Platform or invoice with no refunds. We will automatically bill you for each renewal period until cancellation. By purchasing any feature or other aspect of our Platform for which we charge, you authorize us to keep your payment current by charging the applicable fee to your credit card account (or any other means of payment used by you).
5.CONTENT AND PRIVACY
5.1 You are responsible for the Content that you post to the Platform or otherwise provide to LOKIDI. By being responsible for your Content, you agree, among other things, that:
5.1.1 you have all the permissions, rights, and licenses needed (including under copyrights, trademarks, contract rights, privacy rights, or publicity rights) to provide the Content to the Platform and to LOKIDI;
5.1.2 your Content does not include personal, private or confidential information belonging to others;
5.1.3 your Content does not otherwise violate the rights of any individual or entity;
5.1.4 your Content complies with all applicable laws (including but not limited to the Children’s Act 2014, where relevant); and
5.1.5 all events and activities that form part of your Content (and you invite the public to attend) cannot be held at a private residential address (excluding residential addresses where you ordinarily, and legally, operate your business from).
5.2 We do not claim ownership of your Content. However, to enable us to operate, improve, promote, and protect LOKIDI and our Platform, and to ensure we do not violate any rights you may have in your Content, you hereby grant LOKIDI a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to maintain, use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your Content. This license would permit your Content to remain on the Platform, even after you cease to be a member of a LOKIDI group or of the Platform.
5.3 LOKIDI collects registration and other information about you through our Platform. Please refer to our Privacy Policy for details on how we collect, use, and disclose this information. These policies do not govern use of information that you provide to third parties, such as to organisers and other members of LOKIDI’s Platform.
5.4 LOKIDI does not control the Content of other members. When we become aware of inappropriate Content on our Platform, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other members.
5.5 Whilst we use reasonable endeavours to have the most accurate, reliable and up to date information on our Platform, we do not conduct or require background checks on members or organisers and do not attempt to verify the truth or accuracy of statements made by members or organisers. LOKIDI makes no representations or warranties concerning the conduct or Content of any members or their interactions with you. If you have a concern regarding other members, you can report it to [email protected].
5.6 Our Platform contains proprietary and confidential information and is protected by intellectual property and other laws. Unless we expressly permit it through these Terms, you agree that you will not, either directly or indirectly (a) use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, or create derivative works of the Platform, or any portion of the Platform; (b) remove or alter the proprietary notices on the Platform; (c) reverse engineer, disassemble, decompile, or attempt to discover the source code or structure, sequence, and organization of the Platform; and (d) rent, lease, resell, distribute, or use the Platform for commercial purposes that are not contemplated by these Terms. You also agree that you will not use the Platform to solicit or collect (i) personal data from others except as necessary for the administration of or participation in a group or event or (ii) sensitive personal data, as defined or treated as such under applicable law (including, by way of example only, health information and other government identifiers).
5.7 You agree to use, retain, and otherwise process personal data collected from the Platform in accordance with applicable laws, rules, and regulations and solely for purposes of administering and participating in LOKIDI groups and LOKIDI events.
5.8 We work hard to continuously improve our Platform. This means that we may modify or discontinue portions or all of our Platform with or without notice and without liability to you or any third party.
5.9 The Platform contains links to third party sites, and is integrated with various third party services, applications and sites that may make available to you their content and products. This does not necessarily imply sponsorship, endorsement or approval or arrangement between us and the owners of those websites. We don’t control these third parties and aren’t responsible for those sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies.
6. LIABILITY
6.1 To the full extent permitted by applicable law, you agree that we, along with our officers, directors, shareholders, agents, employees, consultants, corporate parent, affiliates, subsidiaries, sponsors, and other third-party partners (“LOKIDI Parties”) are not legally responsible for any claims, demands, or loss (direct and indirect) (“Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other members, or in connection with a LOKIDI group or a LOKIDI advertised event.
6.2 You acknowledge that some events advertised on the Platform may (however unlikely) carry inherent dangers, such as the risk of illness, bodily injury, disability, or death. By participating in these events, you understand and agree that we are only a Platform connecting you to local events and you have freely chosen to assume these risks and release us from any liability whatsoever in connection with these risks aforementioned to the maximum extent permitted under the law.
6.3 You will indemnify us on demand in relation to any losses, damages or costs of any nature whatsoever suffered as a result of (a) any breach of these Terms, (b) your use, misuse, or abuse of our Platform, (c) your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct in a LOKIDI group or a LOKIDI advertised event that violates these Terms.
6.4 You agree to promptly notify us of any third party Claims, cooperate with all LOKIDI Parties in defending such Claims, and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, legal fees).
6.5 The parties acknowledge and agree that the limitations contained in this clause are fair and reasonable in the light of all the circumstances.
7. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
7.1 Our Platform is provided to you “as is” and on an “as available” basis. To the full extent permitted by applicable law, we disclaim all warranties and conditions of any kind. We also disclaim any warranties regarding (a) the reliability, timeliness, accuracy, and performance of our Platform, (b) any information, advice, services, or goods obtained through or advertised on our Platform or by us, as well as for any information or advice received through any links to other websites or resources provided through our Platform, (c) the results that may be obtained from the Platform, and (d) the correction of any errors in the Platform, (e) any material or data obtained through the use of our Platform, and (f) dealings with or as the result of the presence of marketing partners or other third parties on or located through our Platform. You take full responsibility for your business, life, well-being and your decisions made during and after your use of our Services.
7.2 To the full extent permitted by applicable law, you agree that in no event shall any LOKIDI Parties be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if any LOKIDI Parties have been advised of the possibility of such damages) arising out of or in connection with (a) our Platform or these Terms or the inability to use our Platform (however arising, including our negligence), (b) statements or conduct of or transactions with any member or third party on the Platform, (c) your use of our Platform or transportation to or from LOKIDI advertised events, attendance at LOKIDI advertised events, participation in or exclusion from LOKIDI groups or LOKIDI advertised events and the actions of you or others at LOKIDI events, or (d) any other matter relating to the Platform. Our liability to you or any third parties in any circumstance is limited to the amount of fees, if any, you paid to us in the 12 months prior to the action that may give rise to liability.
8. GENERAL PROVISIONS
8.1 Except as otherwise stated in these Terms or as expressly required by law, any notice to us shall be given by certified postal mail to LOKIDI Limited at PO Box 1019, Rotorua, 3040 or by email to [email protected]. Any notice to you shall be given to the most current email address in your account.
8.2 These Terms, including the Privacy Policy, constitutes the entire agreement between you and LOKIDI, superseding any prior agreements between you and LOKIDI on such subject matter.
8.3 Neither these Terms nor any quote shall be deemed to constitute an agency, a partnership, joint venture, franchiser-franchisee relationship or contract of employment between us.
8.4 Failure or omission at any time by either party to enforce or require strict or timely compliance with any provision of these Terms shall not affect or impair that party’s right to make use of the rights or remedies that may be available to it under these Terms and shall remain enforceable at all times.
8.5 These Terms shall be construed in accordance with the laws of New Zealand. Any proceedings arising in respect of these Terms will be subject to the exclusive jurisdiction of the Courts of New Zealand.
8.6 Except as explicitly provided in these Terms, you may not assign or otherwise deal with your rights and obligations otherwise than in accordance with these Terms.
8.7 If any part, clause or provision of these Terms is deemed invalid or unenforceable by any court with jurisdiction, such part, clause or provision is deemed to be severed and the remainder of these Terms or any such quote will continue to be binding on the parties. In this event, you and LOKIDI nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the respective provisions.
8.8 These Terms constitute the entire agreement between us in respect of their subject matter and supersede any previous understandings or agreements, including any verbal discussions or emails exchanged between us.
9. INTELLECTUAL PROPERTY
9.1 LOKIDI trademarks, logos, service marks, and service names are the intellectual property of LOKIDI. All materials used in providing the Services, including video, audio, and written content, whether held on the our Platform or elsewhere, are our property, unless otherwise specified.
9.2 LOKIDI respects the intellectual property of others, and we expect our members to do the same. We may, in appropriate circumstances and in our discretion, remove or disable access to material that we believe may infringe on the intellectual property rights of others. We may also restrict or terminate access to our Platform to those who we believe to be repeat infringers.
10. TERMINATION
10.1 These Terms remain in effect until the termination of your member account for access to our Platform, provided that the provisions listed in Section 10.2 will survive such termination.
10.2 Sections 4 (Fees, Payments, and Offers), 5 (Content and Privacy), 6 (Liability), 7 (Warranty Disclaimer and Limitation of Liability, 8 (General Provisions) and 10 (Termination) of these Terms, and any other provisions necessary to give effect to these provisions, shall survive any termination or expiration of these Terms.