| Terms of Service (Service Providers) |
|---|
| Lookn (Pty) Ltd |
| Version 1.01 │Last Updated: 10 July 2026 |
PLEASE READ THESE TERMS OF SERVICES CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. If you do not agree to these Terms of Service, you may not access or use the Services.
BY CLICKING ON “REGISTER” OR “SUBMIT” OR “I AGREE” YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND YOUR INTENT THAT IT WILL BE BINDING BETWEEN YOU AND US.
OUR RELATIONSHIP WITH YOU
These are the terms and conditions (“Terms of Service”) relevant to the Services we supply. These Terms of Service refer to the following additional terms which also apply to Your use of our Services:-
Our Terms of Use;
Our Privacy Policy;
The above terms and conditions and policies are hereby incorporated by reference and together is the agreement (“Agreement”) between us and You for purposes of the Services. If there is any conflict between the above terms and conditions/policy and the Terms of Service the latter will prevail.
You acknowledge and agree that the provision of our Services creates a direct business relationship between Lookn and you as a Business.
The Platform enables Businesses to create and maintain business profiles, be discoverable by Users, receive enquiries and generate potential business opportunities through the Platform.
You retain sole responsibility for determining whether to respond to, communicate with or enter into any transaction, engagement or other arrangement with any User who contacts you through or as a result of the Platform.
Users may search for businesses through the Platform based on their location, the goods or services they require and other search criteria, or submit requests through the Platform. Based on the information provided by a User, the Platform may identify relevant businesses and facilitate the transmission of the User's enquiry, request and contact details to such businesses for purposes of enabling communication between the User and the Business.
Lookn may facilitate the transmission of such enquiries, requests and related information to you for purposes of enabling communication between you and interested Users
Except as otherwise expressly provided herein, the relationship between us and you are solely that of independent contracting parties. You expressly agree that no joint venture, partnership, or agency relationship exists between you and us and that neither of us (except where agreed in writing under these Terms of Service) have the authority to bind each other or hold ourselves out as an agent or authorised representative of the other.
IMPORTANT: WE ARE A TECHNOLOGY SERVICE PROVIDER THAT OPERATES THE PLATFORM. THE PLATFORM ENABLES USERS TO SEARCH FOR BUSINESSES BASED ON THEIR LOCATION, REQUIREMENTS AND OTHER SEARCH CRITERIA. WHERE A USER SUBMITS A REQUEST FOR GOODS OR SERVICES, LOOKN MAY IDENTIFY AND PRESENT RELEVANT BUSINESSES AND FACILITATE THE COMMUNICATION OF THE USER'S ENQUIRY OR CONTACT DETAILS TO THOSE BUSINESSES. LOOKN DOES NOT ACT AS YOUR AGENT OR REPRESENTATIVE, DOES NOT GUARANTEE THE RECEIPT OR CONVERSION OF ANY LEAD OR ENQUIRY, AND IS NOT A PARTY TO ANY COMMUNICATION, TRANSACTION OR OTHER RELATIONSHIP BETWEEN YOU AND A USER. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH USERS AND FOR THE GOODS OR SERVICES PROVIDED BY YOUR BUSINESS.
Services: rights and restrictions
Persons under the age of 18, or such other age of majority or age requiring parental or guardian consent under applicable law, may use the Services with the consent and assistance of a Competent Person. Where you act on behalf of another person or juristic entity, you warrant that you are authorised to bind such person or entity to these Terms of Service.
Subject to these Terms of Service, we grant you a limited, non-exclusive, non-transferable and revocable licence to access and use the Services for their intended purpose.
You agree to comply with all applicable laws when using our Services and you may only use our Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience or damage to any person, property or the Platform.
The Services and all rights therein are and shall remain Lookn's property or the property of Lookn's licensors (where applicable). Neither these Terms of Service nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited licence granted above; or (ii) to use or reference in any manner our company names, logos, product and service names, trade marks or service marks unless authorised in writing by us.
YOUR RELATIONSHIP WITH USERS
You acknowledge and agree that:-
Any communication, engagement, transaction or other relationship between you and a User is solely between you and that User. We are not responsible or liable for the actions or omissions of any User.
You will use caution in all interactions with Users, particularly where you communicate with them directly or outside of the Platform.
We may provide Users with your business information, profile information and contact details, and may provide you with information submitted by Users, where necessary to facilitate the Services and enable communication between Users and Businesses. Details regarding the processing and sharing of personal information are set out in our Privacy Policy.
AMENDMENTs TO THESE TERMS OF SERVICE
We may amend the Terms of Service related to our Services from time to time. Amendments will be effective upon our posting of such updated Terms of Service on our website and/or will be presented to you when you login to your Services Account.
Your continued access and/or use of our Services after such posting constitutes Your consent to be bound by the Terms of Service (as amended).
Your SERVICE ACCOUNT
In order to use most aspects of the Services, You must register for and maintain an active Services account ("Service Account");
You must be at least 18, or such other age at which you are legally permitted to create an account under applicable law, years of age to create a Service Account. If you are below the applicable age threshold, you may only create a Service Account with the consent and assistance of a Competent Person.
You may only have 1 (one) Service Account, provided that such Service Account may have multiple roles, permissions or access levels assigned to it from time to time.
Service Account registration requires you to submit to us certain information. You agree: -
To provide and maintain accurate, complete, and up-to-date information on your Service Account;
That we may use the information you provide us with to submit to our selected service provider/s to provide the Services.
Where you register for or use the Services on behalf of a Business, you warrant that you are duly authorised to act on behalf of and bind such Business to these Terms of Service.
The presentation of the Services on the Platform constitutes an invitation to use the Services.
Register as a new user:
By submission of your information under the Registration screen or further information does not mean we have concluded a contract with you (not yet);
Offer: The message submitted to us after you have clicked on “Register” constitutes your offer to use the Lookn Services.
Acceptance: Acceptance shall take place when Lookn approves your registration and grants you access to the relevant Service Account or Services.
If we cannot accept your registration: If we are unable to accept your registration, we will inform you of this via the email address you have submitted to us.
Submission of your information does not automatically entitle you to access the Services. We reserve the right to refuse any registration, suspend any Service Account or revoke access to the Services where we reasonably believe that you have failed to comply with these Terms of Service.
On acceptance of the registration information, you will be allowed to select or be provided with the necessary Service Account access credentials (i.e. username and password) or any other piece of information as part of our security procedures; You MUST treat such information as confidential. You MUST not disclose it to any third party. We will not be liable for any loss or damage suffered by the User or any other third party attributable to your failure to maintain the confidentiality of your Password or any other credentials relevant for purposes of the Services.
You may update your information through your Service Account and are responsible for ensuring that such information remains accurate and up to date.
TAKE NOTE : We may access, use, store and disclose your account information where necessary to provide the Services, comply with applicable laws, enforce these Terms of Service, protect our rights or respond to your requests.
By creating a Service Account, you agree to receive communications relating to the Services, including account notifications, operational communications and other service-related information. Marketing communications may be opted out of in accordance with our Privacy Policy.
If you know or suspect that your Service Account has been compromised, you must notify us immediately and take all reasonable steps to secure your Service Account.
You may not assign or otherwise transfer your Service Account to any other person or entity.
AVAILABILITY OF THE SERVICES AND SUPPORT SERVICES
The Services may not be available at all times and may be subject to interruptions, delays, maintenance, updates or circumstances beyond our reasonable control. We will use reasonable efforts to restore the Services as soon as practicable but will not be liable for any unavailability, delay or interruption.
Access to the Services is subject to the approval and activation of your Service Account by Lookn.
In order to access and use the Services, you must have a compatible device and internet access. You are solely responsible for obtaining and maintaining such device, internet connection and any associated costs.
As part of our Services we shall make available appropriate support and maintenance services to Users. Kindly contact us at info@lookn.world for more information in this regard.
OUR SERVICES
Services may vary slightly from their description: The information on our site is for general information purposes. Although we made every effort to display the correct content, we cannot guarantee that the content is 100% accurate. For more detailed information about our Services kindly contact us. If you identify any of the data or information provided to you that is not accurate or complete, then kindly contact us immediately.
Third Party Materials:
The Platform may display, include or make available third-party content, websites, services, advertisements and Business Profiles ("Third Party Materials"). TAKE NOTE: We do not control, endorse or accept responsibility for any Third Party Materials and your access to and use thereof is entirely at your own risk and subject to the applicable third party terms and conditions.
Where the Platform facilitates introductions between Users and Businesses or integrates with third-party services, any agreement or relationship resulting therefrom is solely between you and the relevant third party. Lookn is not a party to such agreement or relationship.
Access to the Lookn Services via the Platform: unless otherwise agreed to in writing, the Services will be provided to you as long as you comply with this Agreement. We reserve the right to suspend, restrict or terminate access to the Services at any time where reasonably necessary.
Updates: We may from time to time update, modify, enhance, suspend or discontinue any aspect of the Services. Such updates shall form part of the Services and remain subject to these Terms of Service.
Changes to third party technology integrators: We may make use of third-party technology providers in the delivery of the Services and may replace such providers from time to time, Lookn will notify the User in writing in advance and provide the necessary guidelines as appropriate.
Unable to supply certain Services: If we are unable to provide a particular Service, we will notify you where reasonably practicable.
We are not responsible for delays outside our control. If our supply of the Services is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event.
Downtime and Service Suspensions: Access to the Services may be suspended or interrupted due to scheduled or unscheduled maintenance, updates, technical issues, security incidents, power outages or other circumstances beyond our reasonable control. We may, without liability to you, suspend all or part of the Services where reasonably necessary to maintain, protect, modify or secure the Services, comply with legal or regulatory obligations, or prevent actual or suspected harm to the Services, our users or third parties.
Monitoring: We reserve the right to log, review, and otherwise examine any information stored on or passing through our networks or systems to ensure an effective Service and security of our website.
Reliance on information: Business Profiles, listings and information available through the Platform are supplied by the relevant Businesses. Unless otherwise expressly stated, Lookn does not verify, investigate, endorse or guarantee the accuracy, completeness or reliability of such information.
Service undertakings: Lookn undertakes to provide the Services with reasonable skill and care and in compliance with applicable laws:
Notwithstanding the above, Lookn does not warrant that:-
the Services will be uninterrupted, secure or error-free;
any User will submit a request, enquiry or lead to your Business through the Platform;
any request, enquiry or lead generated through the Platform will result in an engagement, instruction, sale, customer, revenue or other business opportunity;
your Business Profile will appear in any particular search result, recommendation, category, ranking or position on the Platform; and
any information submitted by a User through the Platform is accurate, complete or suitable for your requirements.
You agree to:-
comply with all applicable laws when using the Services;
provide information reasonably required for the provision of the Services;
promptly report any fault, error, security incident or misuse of the Platform; and
refrain from any conduct that may interfere with the operation of the Platform or bring Lookn into disrepute.
processing of personal information
Our Privacy Policy will apply when dealing with Personal Information via our Services.
Take note:
In order to facilitate a User's request to be connected with a Business, Lookn may disclose the User's name, contact details, location information and enquiry details to the selected Business.
Once such information has been disclosed at the User's request, the relevant Business shall be independently responsible for its processing of such Personal Information.
The Business acknowledges that it is a Responsible Party in respect of any Personal Information received from Lookn and shall process such Personal Information only for the purpose for which it was provided and in accordance with applicable law.
Except as expressly contemplated in these Terms of Service, Lookn has no control over the processing of Personal Information by the Business following the introduction of a User to the Business.
The Business indemnifies Lookn against any loss, damage, liability, claim, penalty or expense arising from the Business' processing of Personal Information in breach of applicable law or these Terms of Service.
the RELATIONSHIP between USERS AND BUSINESSES
Invitation to do business:
The display of Business Profiles and Business information on the Platform constitutes an invitation to do business.
The Offer
Where a User elects to be connected with a Business through the Platform, such request constitutes a request for engagement with that Business.
Transmission of Requests
Lookn may communicate the User's request and relevant information to the selected Business.
Acceptance
Any agreement, engagement, instruction, quotation, consultation, transaction or arrangement arising from such request is concluded solely between the User and the Business.
Lookn is not a party to any agreement between a User and a Business and assumes no responsibility or liability arising therefrom
The transmission of a User's request to a Business through the Platform does not create or constitute any agreement between the User and the Business.
Any agreement for the supply of goods or services, quotation, consultation, appointment, engagement or other arrangement is concluded directly between the User and the Business.
Lookn makes the above process available solely to facilitate introductions between Users and Businesses. Any timelines, responses or engagements are determined by the relevant User and Business and are not controlled by Lookn.
Ratings and Reviews:
Reviews or ratings of Lookn submitted on external platforms, including social media platforms, search engines and third-party review websites, are not governed by these Terms. Lookn may respond to, report or take appropriate action in respect of reviews that are false, misleading, defamatory, unlawful or otherwise harmful.
your warranties (where applicable)
To ensure that we deliver a high-quality Service and that the services available via our Services are of quality you warrant that the:
your Business Profile, products, services, contact details and all information made available through the Platform comply with applicable laws, regulations and industry standards;
you are duly authorised to offer the products and services described in your Business Profile and to engage with Users through the Platform; and
all information, content, advertisements, descriptions, images and other materials submitted by you to the Platform are accurate, complete and not misleading.
Take note: if the conditions as per clause 10.1 above are not complied with, you may be liable for any losses, damages, claims, costs or expenses incurred by Lookn or any third party as a result thereof, and you hereby indemnify Lookn against any such claim.
OTHER USER CONTENT
Although Lookn reserves the right to review and/or remove Content that violates this Terms of Services, such Content is the sole responsibility of the User who posts it. Subsequently, Lookn cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the functionality provided on the Service/Platform or via email on info@lookn.world.
CHARGES/FEES AND Payment
Charges & Service Fee
Lookn Service Fees:
the Service Fees payable for the Services will be presented on the Platform, in your subscription plan, quotation, invoice or other written agreement between you and Lookn.
Businesses are required to pay subscription fees in order to access certain Services offered by Lookn.
Certain additional Services, features, advertising options, promotional services or enhanced Business Profile functionality may attract additional fees, which will be communicated to you prior to the provision thereof.
Lookn subscriptions operate on a month-to-month basis and automatically renew on the 25th day of each month unless cancelled in accordance with these Terms.
Subscription fees are payable in advance for each monthly subscription period commencing on the 25th day of a month and ending on the 24th day of the following month.
A Business may cancel its subscription at any time. Any cancellation will prevent the next monthly renewal from taking place but will not terminate the subscription before the end of the current subscription period.
No refund, credit or pro rata repayment of subscription fees will be provided where a subscription is cancelled after a subscription period has commenced.
Payment of any subscription fee, advertising fee, featured listing fee or other fee does not guarantee any particular number of enquiries, leads, profile views, customer engagements, sales, revenue or business opportunities.
While we take all reasonable steps to ensure the accuracy of pricing information, errors may occasionally occur. In such instances, please refer to paragraph 12.1.4 for further information and resolution steps.
What happens if we got the price wrong. It is always possible that some Services may be incorrectly priced. Where the correct price is lower than the stated price, we will charge the lower amount. If the correct price is higher than the stated price, we may contact you for instructions before providing the Services or cancel the Services and refund any amount already paid.
Time and method of payments:
Credit Card Payments:
Credit card transactions will be acquired for our benefit via Paystack South Africa (Pty) Ltd (“Paystack”), a third-party payment gateway provider.
Paystack allows for payment with major debit and credit cards, including Visa and Mastercard.
Paystack complies with industry security standards, and is PCI DSS Level 1 certified.
Paystack uses secure encryption protocols, including RSA + AES-based systems, to protect payment information.
No credit card details are stored on our database. Users may refer to Paystack for further information regarding their security practices.
We will store your details separately from your credit card details, which are entered by you or your authorised user directly on Paystack’s secure platform. For more details on Paystack, refer to www.paystack.com.
The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa. Therefore, the transaction currency is South African Rand (ZAR).
The Credit Card Refunds: ny refund approved by Lookn in accordance with these Terms or as otherwise required by applicable law will be processed to the original method of payment within a reasonable period, subject to the processing times of the relevant payment service provider. For the avoidance of doubt, no refunds, credits or pro rata repayments will be provided in respect of month-to-month subscription fees where a subscription is cancelled during an active subscription period.
Payment terms are set out in your subscription plan, quotation, invoice, or other written agreement with Lookn.
Unless otherwise agreed in writing, payments shall be made using the payment methods specified by Lookn from time to time
WARRANTIES
You hereby represent and warrant that:
You have full power and authority to enter into this Agreement and perform your obligations hereunder; and
You will comply with all applicable laws in your performance of this Agreement.
OTHER THAN AS AGREED TO UNDER THESE TERMS OF SERVICES, THE SERVICES AND OUR TECHNOLOGY ARE PROVIDED ON A “AS-IS” BASIS, CONSEQUENTLY WE, AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, THIRD PARTY PROVIDERS AND AFFILIATES MAKE NO, AND DISCLAIMS, ALL OTHER WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, COMPATIBILITY, INTEROPERABILITY WITH OTHER SYSTEMS, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN ADDITION TO OUR WARRANTIES UNDER OUR TERMS OF USE, WE DO NOT REPRESENT, WARRANT OR GUARANTEE THAT:
YOUR USE OF THE SERVICES WILL RESULT IN ANY REQUESTS, ENQUIRIES, LEADS, CUSTOMER CONTACTS, ENGAGEMENTS, SALES, REVENUE OR OTHER BUSINESS OPPORTUNITIES;
ANY USER WILL CONTACT, ENGAGE WITH OR APPOINT YOUR BUSINESS;
ANY REQUEST, ENQUIRY OR LEAD GENERATED THROUGH THE PLATFORM WILL RESULT IN AN INSTRUCTION, ENGAGEMENT, SALE OR OTHER COMMERCIAL OPPORTUNITY;
YOUR BUSINESS PROFILE WILL APPEAR IN ANY PARTICULAR SEARCH RESULT, RECOMMENDATION, CATEGORY, RANKING OR POSITION ON THE PLATFORM; OR
ANY INFORMATION SUBMITTED BY A USER THROUGH THE PLATFORM IS ACCURATE, COMPLETE OR SUITABLE FOR YOUR REQUIREMENTS.
WE OPERATE AS A BUSINESS DIRECTORY, DISCOVERY AND LEAD GENERATION PLATFORM ONLY AND MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING THE QUALITY, SUITABILITY, LEGITIMACY, PURCHASING INTENT OR LIKELIHOOD OF CONVERSION OF ANY REQUEST, ENQUIRY, LEAD OR USER INTRODUCED TO YOUR BUSINESS THROUGH THE PLATFORM.
WE DO NOT GUARANTEE THE AVAILABILITY OR UPTIME OF THE SERVICES OR THAT THE SERVICES WILL BE ERROR FREE. YOU ACKNOWLEDGE THAT THE SERVICES MAY BE UNAVAILABLE FROM TIME TO TIME DUE TO MAINTENANCE, UPDATES, NETWORK FAILURES OR OTHER CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.
LIMITATION OF LIABILITY
Except as expressly and specifically provided in these Terms of Services:
the Business assumes sole responsibility for the use of the Services and any decisions or actions taken as a result thereof;
all warranties, representations and conditions implied by law are excluded to the fullest extent permitted by law; and
the Services and the Documentation are provided to the User on an "as is" basis.
Nothing in these Terms of Service excludes liability for fraud, fraudulent misrepresentation or intellectual property infringement.
Subject to clause 14.2 and to the maximum extent permitted by Applicable law Lookn or any of its respective affiliates, licensors, suppliers, subcontractors shall not be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, revenue, data, goodwill or business opportunities.
In no event shall Lookn's aggregate liability arising from the Services exceed the fees paid by the Business to Lookn during the 6 (six) months preceding the event giving rise to the claim..
WE ONLY SUPPLY THE DOCUMENTS AND SERVICES FOR GENERAL INFORMATION AND PRIVATE USE. ALTHOUGH WE MAKE REASONABLE EFFORTS TO UPDATE THE INFORMATION PROVIDED BY THE WEBSITE AND THE SERVICE, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT SUCH INFORMATION IS ACCURATE, COMPLETE OR UP TO DATE. YOUR USE OF THE INFORMATION VIA OUR SERVICES AND WEBSITE AND SUBSEQUENT ACTIONS YOU MAY TAKE ARE AT YOUR OWN RISK AND YOUR OWN DISCRETION.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER LOOKN NOR ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY LOSS, DAMAGE, COST OR CLAIM ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION, WHETHER ARISING FROM CONTRACT, DELICT (INCLUDING NEGLIGENCE) OR OTHERWISE.
WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING THE SERVICES WHERE SUCH FAILURE OR DELAY ARISES FROM CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING ACTS OF GOD, WAR, CIVIL UNREST, COURT ORDERS, POWER OUTAGES, COMMUNICATION FAILURES OR UTILITY SERVICE INTERRUPTIONS ("FORCE MAJEURE").
THE SERVICES, TOOLS AND FUNCTIONALITIES PROVIDED BY LOOKN ARE MADE AVAILABLE FOR INFORMATIONAL AND LEAD GENERATION PURPOSES ONLY. LOOKN DOES NOT WARRANT OR GUARANTEE THAT THE USE OF THE PLATFORM OR ANY OF ITS SERVICES WILL RESULT IN ANY REQUESTS, ENQUIRIES, LEADS, CUSTOMER CONTACTS, ENGAGEMENTS, SALES, REVENUE OR OTHER BUSINESS OPPORTUNITIES. LOOKN IS NOT A PARTY TO ANY AGREEMENT, TRANSACTION OR RELATIONSHIP BETWEEN A USER AND A BUSINESS.
LOOKN SHALL NOT BE LIABLE FOR THE ACTS, OMISSIONS, REPRESENTATIONS, PRODUCTS, SERVICES, CONDUCT OR FAILURE OF ANY USER, OR FOR ANY LOSS OR DAMAGE ARISING FROM A BUSINESS' ENGAGEMENT OR INTERACTION WITH A USER INTRODUCED THROUGH THE PLATFORM.
LOOKN SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, CLAIM, LIABILITY OR EXPENSE ARISING FROM OR RELATING TO A BUSINESS' INTERACTION, ENGAGEMENT OR TRANSACTION WITH A USER UNDER THE AGE OF 18, OR SUCH OTHER AGE THRESHOLD AS MAY APPLY UNDER APPLICABLE LAW. THE BUSINESS REMAINS RESPONSIBLE FOR ENSURING ITS COMPLIANCE WITH ALL APPLICABLE LAWS RELATING TO ITS INTERACTIONS WITH MINORS.
LOOKN SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM A USER'S FAILURE TO CONTACT, ENGAGE WITH OR APPOINT A BUSINESS, THE FAILURE OF ANY REQUEST, ENQUIRY OR LEAD TO RESULT IN AN ENGAGEMENT, INSTRUCTION, SALE OR BUSINESS OPPORTUNITY, THE ACCURACY OR COMPLETENESS OF INFORMATION SUBMITTED BY USERS, OR THE PLACEMENT, RANKING, VISIBILITY OR RECOMMENDATION OF ANY BUSINESS PROFILE ON THE PLATFORM.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, affiliates, successors and
assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Services or your breach of this Terms of Services.
Electronic Communications
You agree that these terms and conditions are valid, binding, enforceable and concluded at the address as per our Terms of Use (“Premises”), the moment you access the website;
A Data Message is deemed to be sent:-
By us, at the time shown on the message as having been sent, or if not so shown, at the time shown on Lookn information system as having been sent;
By you, at the time when Lookn confirm receipt thereof.
A data message is deemed to be received:-
By Lookn: only when an authorised representative responds thereto (excluding an automated response). Such acknowledgement further does not give legal effect to that message, unless specifically indicated by Lookn that it does give legal effect to the Data Message;
By you: once Lookn data message enters your information system.
By creating a Service Account to access the Platform, you agree that we may send you information/notifications via your preferred selected communication option as part of the normal business operation of your use of the Services. You may opt-out of receiving such electronic communications by unsubscribing from the electronic communication as per the available functionality or by email on info@lookn.world. Take note, that unsubscribing from electronic communications from us to you may result in certain functions of the Services not working.
SUPPORT
In the event of you encountering any technical problems/errors with the website or any of the Services (functionality and content) you will immediately report it to us;
We shall attend to the queries in respect of any technical problems/errors reported to it as soon as is possible. Take note that resolution on some of those problems will depend on the turnaround time of Service Providers.
Audit rights
Lookn and/or its authorised representatives or professional advisors shall have the right at any time to request or execute, during regular business hours and shall not interfere unreasonably with the Business activities, an audit at Lookn’s expense to ensure that the Business complies with the terms of these Terms and Conditions. Such audits shall be carried out not more than once in any year and on reasonable notice by Lookn and/or its selected external auditor or attorney at Lookn’s cost. The Business shall provide Lookn or its representatives and its audit team with access to its relevant records, systems and facilities.
CONFIDENTIALITY
Each party may be given access to Confidential Information from the other party in order to perform its obligations under this agreement. A party's Confidential Information shall not be deemed to include information that:
Is or becomes publicly known other than through any act or omission of the receiving party;
was in the other party's lawful possession before the disclosure;
is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
is independently developed by the receiving party, which independent development can be shown by written evidence;
is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
Each party shall keep the other party's Confidential Information confidential and shall not use or disclose such information except as required to perform its obligations under this agreement or as required by law.
Each party shall take reasonable steps to prevent unauthorised access to or disclosure of the other party's Confidential Information.
Neither party shall be responsible for for any loss, destruction, alteration or disclosure of Confidential Information
caused by any third party.
This clause 19 shall survive termination of this agreement, however arising.
Where we process Personal Information our Privacy Policy will apply.
intellectual property rights
Subject to the remaining provisions of this clause 20, all Intellectual Property Rights owned by either party before or after the commencement of these Terms of Service shall remain the exclusive property of that party. The Business acknowledges that Lookn and its licensors own all Intellectual Property Rights in the Services, Platform, Documentation and Pattern Data. Except as expressly provided in these Terms of Service, no Intellectual Property Rights are transferred or licensed to the Business.
The Business grants Lookn a royalty-free, worldwide, transferable, sublicensable, irrevocable and perpetual licence to use any feedback, suggestions, recommendations or enhancement requests provided in relation to the Services without compensation.
Feedback: If you provide Lookn with any suggestions, ideas, recommendations or other feedback relating to the Services ("Feedback"), you grant Lookn and its affiliates a perpetual, worldwide, royalty-free, transferable and sublicensable licence to use, modify, incorporate and otherwise exploit such Feedback without restriction or compensation to you.
Restrictions on Use: The Business shall not, and shall not permit any third party to, copy, modify, reverse engineer, decompile, disassemble, create derivative works from, or otherwise attempt to derive the source code of the Services or Platform, remove any proprietary notices, or use the Services in any manner not authorised by these Terms of Service.
User Content
The Business grants Lookn a worldwide, royalty-free and non-exclusive licence for the duration of these Terms of Service to use, store, host, process and make available the Business' User Content to the extent necessary to provide the Services (“Content License”).
Except for Pattern Data that is owned by Lookn, The Business retains ownership of its User Content and is solely responsible for its legality, accuracy, completeness and reliability.
Lookn may transmit, store, modify and adapt User Content as reasonably necessary to operate, maintain and provide the Services.
The Business shall ensure that all User Content complies with the Acceptable Use Policy and applicable laws.
Where User Content contains Personal Information, such information shall be processed in accordance with applicable Data Protection Legislation and Lookn's Privacy Policy.
The accuracy and maintenance of the User Content in the Services is the sole responsibility of the Business who provides such content. Lookn does not verify, endorse or guarantee the accuracy of any User Content and provides such content on an "as is" basis.
SUSPENSION AND Termination OF OUR SERVICES
We retain the right to suspend, deactivate or otherwise restrict you from accessing or using our Services in the event of a violation or alleged violation of these Terms of Service, your disparagement of us, or your act or omission that causes harm to our brand, reputation or business, as determined by us in our sole discretion or as otherwise agreed to.
In the event of such suspension/restriction, Lookn shall not be liable for any refund of fees paid by the Business, nor for any resulting damages or losses.
Your termination as Business: Unless otherwise agreed in a subscription plan, quotation, service agreement or other written agreement with Lookn, you may terminate the Services by giving written notice to Lookn in accordance with the applicable termination procedure. Termination shall only take effect at the end of the applicable notice period and will not relieve you of any obligation to pay outstanding Service Fees, charges or other amounts due and payable up to the effective date of termination. Any prepaid fees shall be dealt with in accordance with the applicable subscription plan, service agreement or other written agreement between the parties.
Our termination: We can terminate this Agreement at any time if, in our sole discretion, you have breached any of the terms and conditions.
Consewuences of termination: You will no longer be able to access the Service Account. You may still browse our website; it will, however, be subject to our Terms of Use.
NO PARtNERSHIP OR AGENCY
Nothing in this Agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
force majeure
We will not be liable to You for any default or delay in the performance of the obligations under these Terms of Service, if and to the extent that such default or delay is caused by any act of God, war or civil disturbance, court order, or any other circumstance beyond Our reasonable control including fluctuations in communications or utility services ("Circumstances of Force Majeure") and provided we are obviously without fault in causing such default or delay, and such default or delay could not have been prevented by us through the use of alternative sources or means.
support
In the event of you encountering any technical problems/errors with the website or any of the Services (functionality and content) you will immediately report it to us;
We shall attend to the queries in respect of any technical problems/errors reported to it as soon as is possible. Take note that resolution on some of those problems will depend on the turnaround time of Service providers.
APPLICABLE LAW AND JURISDICTION
Any dispute arising from the provision of our Services shall be subject to the following dispute resolution procedures:-
Informal dispute resolution: If there is any dispute we (You and us) will first attempt to resolve it informally. You must first contact us at: info@lookn.world. You will then be given an opportunity to first discuss the problem/dispute with us. The dispute must be submitted within 10 (ten) days from you becoming aware of the issue / problem. If the dispute cannot be resolved within 10 (ten) days of the dispute been referred to the service manager then the below paragraphs may be referred to.
Informal dispute resolution does not reduce Parties' rights: Proceedings in terms of clause 26.1 shall not be construed to prevent a Party from instituting formal proceedings earlier to obtain urgent or interim relief, avoid the expiration of any applicable limitations period, or preserve a superior position with respect to other creditors.
Institution of Formal Proceedings: Subject to the provisions of clause 26.1, the Parties agree that either Party may elect to refer any dispute which may arise to either to the High Court of South Africa.
Arbitration: If the Parties are unable to resolve any dispute informally and either Party has elected to commence arbitration proceedings to resolve the dispute in terms of clause 26.3, then such dispute shall on written demand by the electing Party be submitted to arbitration at Arbitration Foundation of Southern Africa.
Status of arbitration ruling: The arbitrator's decision shall become final and binding upon expiry of 20 (twenty) days from the date of the ruling if no appeal is lodged, or upon determination of the appeal, as applicable. Once final and binding, the award may be made an order of court at the instance of either party. The parties shall keep the arbitration confidential, except to the extent necessary to obtain such court order.
Continued performance: Each Party agrees to continue performing its obligations under the Agreement while any dispute is being resolved.
Rapid resolution of disputes: The Parties shall use commercially reasonable efforts to resolve disputes arising as rapidly as possible.
Excluded relief: This clause 26 shall not preclude either Party from seeking urgent or interim relief from the High Court of South Africa or any other competent organs of state created for the specific purpose of regulating the business or industry activities in which the parties are engaged including forums available to you as a consumer.
These terms of Service are governed by the laws of the Republic of South Africa. You and we both irrevocably and unconditionally consent to the non-exclusive jurisdiction of the Cape Town High Court or a jurisdiction agreed to by the Parties in regard to the enforcement of any rights to all matters arising from this Terms of Services.
Confidentiality: All disputes will be dealt with in confidentiality to protect the reputation of the parties.
GENERAL
The Whole Agreement: These Terms of Service expressly supersede prior agreements or arrangements with you, except obviously for those terms and conditions that are incorporated by reference to these Terms of Service.
Assignment: You may not assign these Terms of Service without our prior written approval. We may assign these Terms of Service without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of our equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void
Third Party beneficiary. These Terms of Services are personal to you and does not give rise to any rights to any other third party. Any infringement of any of our licensor(s) intellectual property rights in terms of our Services (including the technology), shall entitle the third party to enforce these Terms of Services against you.
If a court finds part of this contract illegal, the remaining provisions of these Terms 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.
Any delay or failure by us to enforce any provision of these Terms of Service shall not constitute a waiver of our rights. We may enforce our rights at any time, notwithstanding any previous delay or omission.
DEFINITIONS
Confidential information: means any proprietary, confidential, technical, commercial, financial or business information disclosed by one party to the other, including Personal Information and Intellectual Property Rights.
Business: means any natural person or juristic entity, including a sole proprietor, professional practitioner, tradesperson, supplier, retailer, service provider, partnership, trust, company, organisation or other person that creates, manages or maintains a Business Profile on the Platform and receives access to the Services.
Competent Person: means a parent, legal guardian or other person legally authorised to act on behalf of a minor.
Documentation: the document(s) made available to the User by Lookn via its website or during delivery of the Services which sets out a description of the Services and the user instructions for the Services, which documentation may be amended from time to time by Lookn.
Intellectual Property Rights: means all rights in patents, copyrights, design rights, trademarks, service marks, trade secrets, know-how, databases (where applicable), look and feel of any service or product (as may be published or not) and other rights in the nature of intellectual property rights (whether registered or not) and all applications for the same which may now or in the future subsist anywhere in the world, including the right to sue for and recover damages for past infringements.
Pattern Data: such as (but not limited to) statistical or demographic data for any purpose. Pattern Data could be derived from Personal Data (or any other data) but is not considered Personal Data in law as this data will not directly or indirectly reveal identity of a data subject.
Personal Information: means personal information as defined under the Privacy Policy.
Platform: means the website, software, applications and related technology operated by Lookn through which the Services are provided.
Process has the meaning as per section 1 of the POPIA (see Privacy Policy), including derivative works / new data sets that contains no Personal Information, i.e. how many Users from a certain region or how many Users participated in the various challenges etc.;
POPI Act: the Protection of Personal Information Act 4 of 2013.
Service Account: means the account created by or on behalf of a Business to access and use the Services, through which one or more authorised users, roles, permissions or access levels may be assigned and managed.
Services: means the services presented by Lookn on its website from time to time, including the services made available via the Platform to you.
Service Providers: means third-party service providers engaged by Lookn in connection with the operation, maintenance or provision of the Services. Such Service Providers operate in accordance with applicable law and any applicable agreements concluded with Lookn.
User Content: means any information, content, data, materials, advertisements, Business Profile information, descriptions, images, logos, contact details, Personal Information or other content submitted, uploaded, published or made available by a Business through the Services for purposes of using the Services or facilitating the Business' use of the Services.
Users: means persons who access or use the Platform and Services.
“You” or “Your": Unless otherwise specifically stated, reference to “You” refers to you as a registered Business.