| Terms of Service (Users) |
|---|
| Lookn (Pty) Ltd |
| Version 1.01 │Last Updated: 06 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 ANY BUTTON OR LINK TO CONTACT A BUSINESS, REQUEST AN INTRODUCTION, SEND AN ENQUIRY, CONNECT VIA WHATSAPP, SEND AN EMAIL, OR OTHERWISE USE THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
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 User.
We do not direct, control or manage any Business listed on the Platform and are not responsible for the provision of any goods or services by such businesses.
You retain the sole right to determine whether you wish to engage with any business identified through the Platform.
You retain the option, via the Platform, to submit a request to be connected with a business identified through the Platform.
Lookn may facilitate the transmission of your enquiry, request and contact details to a business selected by you for purposes of facilitating communication between you and that business .
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 PRIMARILY INTERESTED IN CONNECTING USERS WITH BUSINESSES THROUGH THE PLATFORM. WE ARE NEITHER A PROVIDER OF THE GOODS OR SERVICES OFFERED BY BUSINESSES NOR AN AGENT, REPRESENTATIVE OR EMPLOYEE OF ANY BUSINESS. WE ARE A TECHNOLOGY SERVICE PROVIDER THAT FACILITATES THE DISCOVERY OF BUSINESSES AND THE EXCHANGE OF COMMUNICATIONS BETWEEN USERS AND BUSINESSES. THROUGH THE PLATFORM, USERS MAY SEARCH FOR BUSINESSES BASED ON THEIR LOCATION OR OTHER SEARCH CRITERIA, RECEIVE INFORMATION REGARDING RELEVANT BUSINESSES AND REQUEST THAT A BUSINESS CONTACT THEM. LOOKN FACILITATES THE SUBMISSION OF SUCH REQUESTS TO BUSINESSES BUT IS NOT A PARTY TO ANY AGREEMENT, TRANSACTION, COMMUNICATION, SERVICE ARRANGEMENT OR OTHER RELATIONSHIP THAT MAY ARISE BETWEEN A USER AND A BUSINESS.
Services: rights and restrictions
Persons under the age of 18 may use the Services with the consent and assistance of a Competent Person, or such younger age as may be permitted under applicable law, provided that any required parental, guardian or other legally authorised consent has been obtained..
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 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 or property.
The Services and all rights therein are and shall remain the property of Lookn or its licensors. Except for the limited licence granted under these Terms of Service, no right, title or interest in the Services, Platform or any intellectual property rights is transferred to you unless authorised in writing by us.
YOUR RELATIONSHIP WITH BUSINESSES
You acknowledge and agree that:-
Any engagement between you and a Business creates a direct relationship between you and that Business. Lookn is not responsible for the acts, omissions, representations, services, advice or conduct of any Business.
You will use caution in all interactions with other User’s, particularly if you decide to communicate off the Platform or meet in person.
In order to provide the Services and facilitate introductions between Users and Businesses, we may share certain information with a Business selected by you in accordance with these Terms of Service and our Privacy Policy.
By requesting to be connected with a Business, you authorise Lookn to disclose your contact details, enquiry details and any other information reasonably required to facilitate the requested introduction
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).
USER ACCESS
In order to access certain features of the Services, including requesting to be connected with a Business, you may be required to provide certain information to Lookn.
Persons under the age of 18 may use the Services with the consent and assistance of a Competent Person, or such younger age as may be permitted under applicable law, provided that any required parental, guardian or other legally authorised consent has been obtained..
You agree to provide accurate, complete and up-to-date information when using the Services.
Where you act on behalf of another person or juristic entity, you warrant that you are authorised to do so and that such person or entity will be bound by these Terms of Service.
By submitting information through the Platform, requesting to be connected with a Business, contacting a Business through the Platform, WhatsApp or email, or otherwise using the Services, you offer to use the Services in accordance with these Terms of Service.
Acceptance shall take place when Lookn processes your request, facilitates an introduction to a Business or otherwise provides the requested Services.
Submission of information through the Platform does not automatically entitle you to receive any Services. We reserve the right to refuse, restrict, suspend or terminate access to the Services where we reasonably believe that you have breached these Terms of Service or any applicable law.
We may access, use, store and disclose information submitted by you where required by law, to provide the Services, facilitate introductions to Businesses, enforce these Terms of Service, respond to support requests or protect our rights.
You agree that Lookn may send you communications relating to your use of the Platform and your requests to be connected with Businesses. You may opt out of marketing communications but not communications necessary for the operation of the Services..
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.
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 Services via the website: 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 Business will respond to, accept or act upon a request submitted through the Platform;
any Business displayed on the Platform is available, suitable or capable of providing the services requested by you;
any search result, recommendation, location result or Business Profile is accurate, complete or suitable for your requirements; and
any engagement with a Business will result in a successful outcome.
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 your request to be connected with a Business, Lookn may disclose your name, contact details, location information, enquiry details and other information reasonably required to the selected Business.
By submitting your information and requesting to be connected with a Business, you consent to Lookn processing and disclosing such information for purposes of facilitating the requested introduction.
Once your information has been disclosed to a Business at your request, the Business shall be independently responsible for its processing of such Personal Information in accordance with applicable law.
We will, where reasonably possible, notify Businesses of their obligation to process Personal Information in accordance with POPIA.
Except as set out above, Lookn has no control over the processing of Personal Information by a Business following an introduction made through the Platform.
You indemnify Lookn against any loss, damage, liability or expense arising from the acts or omissions of a Business in relation to the processing of your Personal Information.
the contract between you and employer/service providers
Invitation to do business:
The display of Business Profiles, Business information, recommendations and search results on the Platform constitutes an invitation to do business.
The Offer
Following a User's search or enquiry, Lookn may provide the User with one or more recommended Businesses and related information. Such recommendation constitutes an invitation to the User to engage with the relevant Business.
Where the User elects to proceed with a recommended Business and requests to be connected with that Business, the User authorises Lookn to communicate the User's request and relevant information to the selected Business.
Business Response
The selected Business may, in its sole discretion, respond to, accept, decline or ignore the User's request.
Lookn may notify the User of the status of a request using any communication method available to Lookn, including WhatsApp, email, SMS, push notifications or telephone
Acceptance
Acceptance shall occur when the Business accepts or responds positively to the User's request through the Platform or any communication channel facilitated by Lookn.
Any agreement, engagement, consultation, quotation, instruction, transaction or arrangement arising from such acceptance 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.
Lookn may request feedback from the User regarding the outcome of an introduction or engagement with a Business. Such feedback is collected for service improvement purposes only and does not create any obligation on the part of Lookn or the Business.
The above process is provided as a general guideline only and is not subject to fixed timelines, as response times and engagements are determined by the relevant Business and User and are not controlled by Lookn.
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:
all information, enquiries and content submitted by you through the Platform are accurate, lawful and not misleading;
you will use the Services in compliance with applicable laws and these Terms of Service; and
where you request to be connected with a Business, you do so for a genuine and lawful purpose
Take note: if you fail to comply with clause 10.1, 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
Users may access and use the Services free of charge.
Any fees, charges, quotations or payments relating to goods or services offered by a Business are determined solely between the User and the Business. Lookn is not responsible for, and has no control over, such fees, charges or payments.
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:
ANY BUSINESS WILL RESPOND TO, ACCEPT OR ACT UPON A REQUEST SUBMITTED THROUGH THE PLATFORM;
ANY BUSINESS WILL PROVIDE A QUOTATION, CONSULTATION, PRODUCT OR SERVICE TO YOU;
ANY SEARCH RESULT, RECOMMENDATION, LOCATION RESULT OR BUSINESS PROFILE IS ACCURATE, COMPLETE OR SUITABLE FOR YOUR REQUIREMENTS;
ANY INTRODUCTION FACILITATED THROUGH THE PLATFORM WILL RESULT IN A SUCCESSFUL OUTCOME; OR
ANY BUSINESS DISPLAYED ON THE PLATFORM IS SUITABLE FOR YOUR SPECIFIC CIRCUMSTANCES OR REQUIREMENTS.
BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY INTERACT WITH THIRD PARTIES THROUGH THE PLATFORM AND THAT SUCH INTERACTIONS ARE UNDERTAKEN AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR EXERCISING REASONABLE CARE AND JUDGEMENT WHEN ENGAGING WITH ANY BUSINESS.
WE DO NOT GUARANTEE THAT THE SERVICES WILL BE AVAILABLE AT ALL TIMES OR THAT THEY WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. THE SERVICES MAY BE SUBJECT TO MAINTENANCE, UPDATES, OUTAGES, DELAYS AND LIMITATIONS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, FOR WHICH LOOKN SHALL NOT BE LIABLE.
LIMITATION OF LIABILITY
Except as expressly and specifically provided in these Terms of Services:
you assume sole responsibility for your use of the Services and any decisions, actions or arrangements made 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 FOR BUSINESS DISCOVERY, RECOMMENDATION AND INTRODUCTION PURPOSES ONLY. LOOKN DOES NOT WARRANT OR GUARANTEE THAT ANY BUSINESS WILL RESPOND TO, ENGAGE WITH OR PROVIDE SERVICES TO YOU, OR THAT ANY INTRODUCTION FACILITATED THROUGH THE PLATFORM WILL RESULT IN A SUCCESSFUL OUTCOME.
LOOKN SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, CLAIM, LIABILITY OR EXPENSE ARISING FROM OR RELATING TO A USER UNDER THE AGE OF 18, R SUCH OTHER AGE THRESHOLD AS MAY APPLY UNDER APPLICABLE LAW, USING THE SERVICES OR INTERACTING WITH A BUSINESS THROUGH THE PLATFORM. THE USER AND, WHERE APPLICABLE, THE COMPETENT PERSON RESPONSIBLE FOR SUCH USER, REMAIN RESPONSIBLE FOR ENSURING COMPLIANCE WITH ANY APPLICABLE LEGAL REQUIREMENTS.
LOOKN IS NOT A PARTY TO ANY AGREEMENT, TRANSACTION OR RELATIONSHIP BETWEEN A USER AND A
BUSINESS AND SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, INJURY, CLAIM OR LIABILITY ARISING FROM ANY INTERACTION, ENGAGEMENT, PRODUCT OR SERVICE PROVIDED BY A BUSINESS.
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 using the Services, submitting an enquiry or requesting to be connected with a Business, you agree that we may send you information and notifications via your preferred communication channel as part of the operation 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 User 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 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 User 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 User.
The User 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 User 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.AND
User Content
The User 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 User’s User Content to the extent necessary to provide the Services (“Content License”).
Except for Pattern Data that is owned by Lookn, The User 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 User 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 User 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.
Your termination as User of the Lookn Platform: You may stop using the Services at any time.
Our termination: We may terminate or suspend your access to the Services at any time if, in our reasonable opinion, you have breached these Terms of Service or any applicable law.
Consequences of termination: Upon termination, your right to use the Services shall cease. 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 software, or other digital interface owned or operated by Lookn, including all associated services, features, content, and functionality made available to users through such interface
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.
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.
Sites: means our website, Platform(s) or other social network sites we make available to you.
User Content: means any information, content, enquiries, messages, Personal Information or other material submitted, uploaded or otherwise made available by a User through 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 any User accessing or using the Services.