Terms and Policy
Thank you for using LOQATO. These Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access and use of the LOQATO website www.loqato.com (the “Site”) , and any related mobile or software applications (“LOQATO Platform”) including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms.
These Terms are effective for all existing and future LOQATO users, including but without limitation to users having access to ‘vendor page’ to manage their claimed business listings.
By using, surfing on / viewing part or all of the pages in “Site” or “LOQATO Platform”, you acknowledge that you have read and agree to be bound by the following Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use “Site” or “LOQATO Platform” or your use of the “Site” or “LOQATO Platform” is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inapporpriate.
LOQATO reserves the right to change these Terms and Conditions at any time, with its own discretion, without prior notice. The Terms and Conditions and its changes are directly effective upon publication. LOQATO encourages you and other users to regularly review this page. By continuing to use this Site after such changes to these Terms visitor users or registered user agree and consent to the changes.
I. SCOPE OF SERVICES
- LOQATO is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which LOQATO provides, may require effecting certain changes in it, therefore, LOQATO reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
- We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
- You acknowledge and agree that if LOQATO disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
- By using LOQATO's Services you agree to the following disclaimers:
- The Content on these Services is for informational purposes only. LOQATO disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. LOQATO reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. LOQATO does not guarantee quality of the Goods, the prices listed in menus or the availability of all menu items at any restaurant. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to LOQATO. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of LOQATO.
- Any certification, licenses or permits (“Certification”) or information in regard to such Certification that may be displayed on the Restaurant’s listing page on the Platform is for informational purposes only. Such Certification is displayed by LOQATO on an 'as available' basis that is provided to LOQATO by the Restaurant partner(s). LOQATO does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a user upon the Certification or information thereto shall be strictly at such user’s own risk and LOQATO in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Restaurant partner.
- LOQATO reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of the LOQATO Platform anytime in future
II. USER ACCOUNT
- For registration purposes we will collect and process your personal information such as your name electronic mail (e-mail) address and your mobile phone number when you register. You must provide us with an accurate complete and latest information and agree to provide us with any proof of identity that we may reasonably request.
- Only you can use your own account and you represent and warrant that you will not authorise any other party to use your identity or your account for any reason unless permitted by LOQATO.
- You cannot assign or transfer your account to any other party.
- You must maintain the security and confidentiality of your account password and any identification we provide to you. In the event of any disclosure of your password in any way whatsoever resulting in any unauthorised use of your account or identity order(s) received from such unauthorised use shall still be considered as valid orders and we will process such order(s). You hereby declare that LOQATO is not responsible for any loss or damage arising from the misuse of your account.
- If you no longer have control over your account you are required to immediately notify us (e.g. your account is hacked in any way or your phone is stolen) so we can temporarily block and/or inactivate your account properly. Please note that you are responsible for your use of your account and may be liable for your account even if your account is misused by others.
- LOQATO has the full right to temporarily block delete or inactivate the User’s account at our sole discretion and for any cause without giving reasons for blocking deletion or inactivation of the User’s account. The reasons for blocking deletion or inactivation of the User’s account may include but are not limited to:
- breach of these Terms
- prohibitions in regulations
- suspicion of criminal activity
- User providing inaccurate erroneous or misleading information
- inappropriate behavior threats or insults
III. RIGHTS TO USER CONTENT
- By completing a registration you hereby agree to receive electronic mail containing an invitation to provide reviews or content reviews with respect to the selection of Vendors. LOQATO has sole discretion whether your review will appear on the site. LOQATO can display the review which may contain comments level of service and your name.
- In providing a review you agree to ensure that:
- you own and control all of the rights to the reviews that you provide to the Site
- the content of the review is accurate and contains no misrepresentations and
- the use or performance or transmission of the content of the review does not violate the Terms or applicable laws and regulations you are not violating any third party’s rights and you are not causing injury to any party.
- you must bear all responsibility for the content of the reviews that you provide or submit. You allow LOQATO to act when there is a party that violates your rights or the rights of LOQATO.
- content review provided will be deemed to not contain confidential information and LOQATO shall have no obligation to treat the content review as confidential information. Without limiting the provisions contained in the Terms LOQATO has sole discretion to use the content review as deemed appropriate including but not limited to removing cutting modifying or otherwise editing the review. LOQATO shall have no obligation to pay for the content that you submit in a review including but not limited to content review that has been changed eliminated or cut. LOQATO shall have no obligation to provide or include or mention authors or other third parties.
- In any case you hereby agree that with respect to the content of the reviews:
- You consent that all content of reviews submitted to LOQATO may be used by LOQATO and its employees successors and transfer recipients in any way at any time. This includes but is not limited to publishing modification and reproduction of the review either in its entirety or in partial form
- You hereby waive all rights and agree not to claim any rights in the content review and
- You hereby indemnify and hold harmless LOQATO and its employees affiliates rights holders reimbursement and appointment of any claims relating to the content of the review.
IV. USAGE RESTRICTIONS
You hereby agree to not use the Site or the Content for unlawful or unauthorized activity. You agree that you will not use any equipment software or other technologies that may obstruct or attempt to obstruct the operation of this Site. You agree to not use this Site or its Content for commercial purposes. You agree not to seek create search for use or send automated agents or other forms of technology to collect or obtain information from this Site or otherwise interact with this Site.
V. USER REVIEWS
User reviews or ratings for Restaurants do not reflect the opinion of LOQATO. LOQATO receives multiple reviews or ratings for Restaurants by users, which reflect the opinions of the Users. It is pertinent to state that each and every review posted on LOQATO is the personal opinion of the user/reviewer only. LOQATO is a neutral platform, which solely provides a means of communication between users/reviewers including users or restaurant owners/representatives with access to restaurant business page. The advertisements published on the LOQATO Platform are independent of the reviews recieved by such advertisers. We are a neutral platform and we don’t arbitrate disputes, however in case if someone writes a review that the restaurant does not consider to be true, the best option for the restaurant representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the Restaurant believes that any particular user’s review violates any of the LOQATO’policies, the restaurant may write to us at email@example.com and bring such violation to our attention. LOQATO may remove the review in its sole discretion if review is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services
VI. INTELLECTUAL PROPERTY RIGHTS
- All Intellectual Property Rights on this Site are owned by LOQATO. All information and materials including but not limited to: software, text data, graphics, images, sounds, videos, trade marks, logos, icons, html codes and other codes on this website are prohibited to be published modified copied reproduced duplicated or altered in any way outside the area of this Site without the express written permission of LOQATO. If you violate these rights LOQATO reserves the right to bring a civil claim for the full amount of damages or losses suffered. These violations may also constitute criminal offences.
- LOQATO and/or its affiliated companies are the owners of certain intellectual property rights (“Intellectual Property Rights”) including but not limited to the domain name Site trade marks content copyright service marks logos symbols or other designs etc. Nothing in this Agreement shall be construed as granting you a licence or any rights implied or otherwise to use possess distribute or modify any of LOQATO’s Intellectual Property. Other product and company names contained on the Site including names trademarks marks service marks logos symbols or other designs may be owned or licensed for use by third parties. Use of third party intellectual property rights on the Site is not considered a recommendation or sponsorship for the Site by third parties. LOQATO owns copyright to the Site and you are prohibited to use possess distribute or modify any of the Intellectual Property without express approval from LOQATO.
- The Site contains LOQATO’s Intellectual Property including but not limited to text software photos graphics video music and sound. The whole of the Site’s Content is protected by copyright laws. We and our licensors own the copyright and/or other rights over the selection coordination arrangement and repair of the Content and the original content. You must not modify reproduce copy perform display publish or exploit the Content in whole or in part unless you have express written consent from LOQATO.
- Unless specified otherwise the software required for the provision of services the software available for use on this Site and Intellectual Property Rights in the Content on the Site are owned by LOQATO its affiliated or associated companies licensors suppliers and content providers. LOQATO shall not be responsible for intellectual property owned by third parties or for infringement of intellectual property rights owned by third parties.
- You can use the information on the Site only for personal non-commercial use. Unless specified otherwise and expressly permitted by the copyright laws you may not copy reproduce redistribute retransmit publish or otherwise commercially exploit any downloads you make from the Site without the permission of the owner of the intellectual property rights. Even if you obtain the necessary permission you are forbidden to make changes or deletions. You hereby accept and agree that downloading any Intellectual Property does not grant you any rights over them.
- We may provide links onto other sites maintained by other parties. By clicking on the link you hereby represent acknowledge and agree that such action is your voluntary action to view or enter other sites that LOQATO does not supervise or bear responsibility for.
- LOQATO in making the Site preparing the source code and performing software support can license the use of open source software from third parties through the GNU General Public Licence (“GPL”) Any use by LOQATO of open source software and the intellectual property rights of a third party are with the necessary licences or permits.
VII. CLAIMS OF INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
- If there is evidence of violations of your Intellectual Property Rights you or your representative (collectively the 'Sender') may send a notice containing the following details listed below:
- Name and address of the Sender;
- In case the Sender is not the owner of the Intellectual Property Rights or license exclusive then it must include the name and address of the owner of the Intellectual Property Rights;
- In case the Sender’s address is not in Indonesia the Sender shall provide a temporary address in Indonesia;
- Sender’s telephone number facsimile (if any) and electronic mail address;
- Sufficient details so as to prove the existence of intellectual property rights violations including online addresses of electronic copies ;
- Sender’s request to remove or disable access to the infringing electronic copy or version;
- A statement that the information provided in the notice is accurate;
- A statement that the Sender (a) is the owner or exclusive holder of the intellectual property rights that are being violated; or (b) has the legal authority to act on the owner or exclusive holder`s behalf; and
- The statement that the Sender subjects to Indonesia law and that all claims disputes controversies or differences arising out of intellectual property rights infringement shall first be submitted to the Indonesia Mediation Centre for resolution by mediation in accordance with the Mediation Procedure. The Sender should state that they agree to participate in the mediation in good faith and agree to abide by the terms of any settlement reached.
- We will review and handle notifications in accordance with the above requirements and in accordance with Indonesia law.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LOQATO, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS (“LOQATO PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LOQATO PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE LOQATO PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOQATO OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY LOQATO, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.
IX. LIMITATION OF LIABILITY
WITHOUT PREJUDICE TO WHAT IS SET OUT IN THESE TERMS EACH PARTY’S LIABILITY IS LIMITED AND EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW SUCH AS FOR PERSONAL INJURY AND DEATH. WE SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHETHER DIRECT OR INDIRECT RESULTING FROM OR CONNECTED TO YOUR USE OF THIS SITE OR USE OF THE LINKS ON THE SITE INCLUDING BUT NOT LIMITED TO SPECIAL INCIDENTAL PUNITIVE OR CONSEQUENTIAL DAMAGES OR OTHER ECONOMIC LOSS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGE THAT MAY OCCUR. THE ONLY AVAILABLE REMEDY FOR YOU IS TERMINATION OF USE OF THIS SITE.
You hereby agree to indemnify and hold harmless LOQATO and its employees affiliates staff and partners from and against any and all claims demands liability damage or loss including legal fees which arise as a result of claims of third parties in connection with: (a) your use of the Site; (b) Content that is given provided or accessed through this Site; (c) your violation of the Terms; (d) violation of any other rights or obligations; and/or (e) any act or omission by you whether negligent unlawful or otherwise.
XI. THIRD PARTY LINKS AND CONTENTS
The Site may contain links to websites operated by parties other than LOQATO. We do not control those sites or links and are not responsible for the content or privacy or other activities of such sites. We or other third parties may upload automated search results or provide links to other sites. We provide opportunities for third parties to deliver load transmit or otherwise make available any information data text images sound graphics video messages reviews or other materials ('Content') through this Site. We do not review and/or do not have control over the site source and the Content. You agree that we are not responsible for the content or the availability of such sites and resources and we do not endorse or recommend and are not responsible for the origin of the site or the Content. You hereby agree to release us from and against any and all liabilities expenses loss or damage directly or indirectly caused or allegedly caused by or in connection with the use of or account for the Content site or resource.
We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services
XII. GOVERNING LAW
These Terms shall be governed by and interpreted in accordance solely with the Laws of Indonesia.
XIV. DISPUTE RESOLUTION
In the event of a dispute arising out of or in connection with these Terms both Parties shall first discuss in good faith to reach an amicable resolution within sixty (60) days from the date of the notice of dispute. However if such dispute may not be settled by mutual consultation within sixty (60) days it shall be referred to mediation at the Indonesia Mediation Centre in accordance with the Mediation Procedure. If the dispute remains unresolved it shall be submitted to the exclusive jurisdiction of the courts of the Republic of Indonesia.