Lokkna Terms of Use / Terms of Service

These Terms of Service ("Terms") govern your access to and use of our website, mobile applications, and other online products and services (collectively, the "Lokkna Services" or "Services") provided by Lokkna LLC. ("Lokkna," "we," or "us").

The Terms constitute a binding and enforceable legal contract between Lokkna LLC and its affiliates and you, the user.

You acknowledge and agree that there are risks associated with using an internet-based marketplace and in-person interactions with other members.

You agree to be bound by these terms and all terms incorporated by reference by accessing or using our services; if you do not agree to these terms in their entirety, do not use our services.

We may provide different or additional terms concerning some of our Services (including, but not limited to, the terms of social media services, third-party payment processors, and third-party fulfillment providers), and those different or additional terms become part of your agreement with us if you use those Services. If there is a discrepancy between these Terms and the supplemental terms, the additional terms take precedence

Lokkna reserves the right to modify these Terms without advance notice. Unless we state otherwise in our notice statement, the revised Terms will take effect immediately, and your continuing use of our Services following such notice will signify your acceptance of the changes. If we make changes, we may notify you, for example, by sending an email or providing a notice through our Services. You must discontinue using our Services if you disagree with the modified Terms.

Lokkna Fund

Lokkna occasionally provides new features or has features that may be limited to users, such as Lokkna Fund. Provisions of these Terms of Service pertaining to new features may not be applicable to all users.

To contact Lokkna about the Services or your account, please visit the Contact Us Page, where we will request specific information that will allow us to respond to your message effectively. You can also send general questions about these Terms or our Services to support@lokkna.com.

1. Eligibility

To use our Services, you must be at least 16 years old. If you are under the age of 18 (or the age of legal majority in your jurisdiction), you may use our Services only with the consent of a parent or legal guardian who agrees to be bound by these Terms.

Suppose you are the parent or legal guardian of a user under 18 (or the age of legal majority). In that case, you agree to be entirely liable for that user's actions or omissions in connection with our Services.

Children under 13 cannot register as Lokkna users services even with parental or guardian consent.

If you register to use Lokkna Services on behalf of a legal entity, you represent and warrant that (a) such legal entity is duly organized and validly exists under the applicable laws of the jurisdiction of its organization, and (b) you are authorized to act on its behalf by such legal entity.

If you use our Services on behalf of another person or entity, you agree that (a) all references to "you" in these Terms include that person or entity, (b) you represent that you are authorized to accept these Terms on that person's or entity's behalf, and (c) if you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

Furthermore, in order to use the Services, you must not have previously been suspended or removed from using the Lokkna Service, and you must not be in violation of any other agreement to which you are a party by agreeing to these Terms.

Lokkna Account Registration

2. Privacy

Please check our Privacy Policy for details on how we collect, utilize, disclose, and otherwise treat information about you.

3. Account Security and User Accounts

To access some or all of our Services, you may need to register for a Lokkna account or a payment account with Lokkna Payment Provider. If you create an account through the Services, you must provide accurate account information and promptly update it if it changes. You must also keep your login credentials secure and confidential, and you must contact us immediately if you discover or suspect that someone has accessed your account without your permission. Furthermore, you may only open a Lokkna account if you are a legal resident of your country. We reserve the right to reclaim Lokkna account usernames for businesses or persons with a legal claim to those identities, including trademark rights.

Lokkna Solutions

A. posting and displaying ads

Lokkna Services allows users to list products for sale by uploading photos and writing descriptions. Most articles can be posted for free using the Services. Lokkna may charge a price for subscribing or posting some things, exceeding your available free posts for specific categories of items, or promoting an article to appear as a featured ad. If there is a fee to post your item, Lokkna will alert the user before you submit it through the Services. If you pay to advertise your item, Lokkna will feature it more prominently and regularly in the Services home feed as a featured ad. Within the feed, featured ads are also identified. Lokkna has a variety of price packages, including subscriptions, for posting and promoting things. Pricing information is available from Lokkna Services.

B. Purchasing and Selling

When a buyer and seller agree on a price for an item listed for sale on the Services, the transaction can be completed in various ways. Items may be paid for through private arrangements outside Lokkna control, such as cash, cheque, barter, credit and debit cards, MPESA, Crypto, or other agreed-upon payment methods, if a buyer and seller agree. According to their agreed-upon parameters, such payments are paid directly between the buyer and seller when their transaction is completed. Lokkna is not a party to such transactions, does not facilitate such transactions, and cannot assist with refunds or returns in any way.

C. Job Posting

Lokkna Jobs are available to businesses and organizations, including person-to-person agreements, that do not break the law or engage in human exploitation or trafficking. Lokkna charges firms a fee to list job vacancies. Lokkna will calculate the charge, which may vary depending on the region, duration of the job ad, and other factors.

Jobs and seller-Buyer relationship

Lokkna is not responsible for the parties involved in negotiations. Jobs that are unlawful, immoral, or violate our terms and conditions will be removed from the platform, and violators may face prosecution under local laws. Lokkna has a flagging system for users to alert the admin of illegal posting.

The job poster is solely responsible for ensuring that the posting's content complies with all applicable laws, including any local requirements for non-discrimination, wage and benefits disclosure, age limits, and other employment-related disclosures for job posts. Lokkna is not involved in the job application or screening process, and all conversations between Lokkna members and job postings will take place outside of Lokkna's Platform. Lokkna reserves the right to delete any job posting without prior notice at any time and for any reason.

D. Accounts for Payment

If you use Lokkna's payment gateway to make or accept payment for items, you agree to pay the applicable service fees. Lokkna retains the right to modify the service fees at any time. Users MUST adhere to the terms and conditions of our payment gateway provider. The payment gateway provider is an independent entity, and users must adapt to new payment gateways if they cease providing their Service to Lokkna.

E. Taxation

Lokkna members are liable for all sales, use, duty, or other governmental taxes or fees levied in connection with your purchase or sale using the Services. Lokkna users are independent contractors, but if we find that we are required to collect sales tax in a specific state or country, we will collect it. Lokkna keeps track of the states where it receives sales tax. If you live in a state or country where Lokkna does not collect sales tax on your behalf; you must collect all applicable sales taxes for Lokkna Services purchases.

No Spamming

You understand and agree that these Terms expressly prohibit sending unsolicited email advertisements or other unsolicited communications to Lokkna email addresses or through Lokkna computer systems. You acknowledge and agree that from time to time, Lokkna may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails sent between one user to another. Communication between yourself and other users utilizing the platform may be used only following the Terms. Any unauthorized use of Lokkna computer systems violates these Terms and certain applicable laws. Such violations may subject the sender and their agents to civil and criminal penalties.

Note for USA users:

If you reach specific levels of engagement on the "Lokkna Platform" (defined as both the Lokkna app and Lokkna.com), Lokkna may be required to disclose your earnings from Lokkna transactions to the Internal Revenue Service. If Lokkna deems that reporting your profits is required, we will need some personal information, such as your social security number, to complete tax form 1099-K.

5. Consent of the User

Our Services enable you and other users to create, post, store, and share content (collectively, "User Content"), such as communications, text, photographs, images, videos, software, code, company logos or marks, job descriptions, and other materials. Except for the license granted hereunder, you retain all rights in and to your User Content in your relationship with Lokkna.

Without compensation, you grant Lokkna a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed. Unless clearly specified Without compensation, you grant Lokkna a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed. Unless clearly specified

You may not create, post, store, or share any User Content that breaches these Terms or for which you do not have all of the rights necessary to grant us the above-mentioned license. You represent and warrant that your User Content, including our use of it in accordance with these Terms, will not infringe on the rights of or harm any person or organization. You will not (and will not permit or authorize any third person to) post, upload, transmit, distribute, save, generate, solicit, disclose, or otherwise publish any User Content over the Lokkna Services that:

You may not create, post, store, or share any User Content that breaches these Terms or for which you do not have all of the rights necessary to grant us the above-mentioned license. You represent and warrant that your User Content, including our use of it in accordance with these Terms, will not infringe on the rights of or harm any person or organization. You will not (and will not permit or authorize any third person to) post, upload, transmit, distribute, save, generate, solicit, disclose, or otherwise publish any User Content over the Lokkna Services that:

Prohibited Behavior

While using our Services, you will not violate any applicable law, contract, intellectual property right, or other third-party rights or commit a tort. You are solely responsible for your actions. You will not, without restricting the preceding:

If you engage in any of the above-mentioned or similar behavior, Lokkna may suspend or terminate your permission to use the Services. Section 6 enforcement is completely at the discretion of Lokkna, and failure to enforce this section in some cases does not represent a surrender of our right to enforce it in other cases. Furthermore, Section 7 does not give any third party a private right of action or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

7. Limited License; Ownership

The text, graphics, pictures, photographs, videos, drawings, and other content contained in the Services are owned by Lokkna or our licensors and are protected by both US and foreign laws. Except as expressly indicated in these Terms, we or our licensors reserve all rights in and to the Services. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license ("License") to access and use our Services, subject to your compliance with these Terms.

8. Suspension; Discontinuation

Lokkna reserves the right, in its sole discretion, to revoke or cancel your license to access or use the Lokkna Services for any reason. Without limiting the generality of the foregoing, we may revoke or terminate the license if you: (i) breach any obligation in these Terms or any other agreement between you and us, (ii) violate any policy or guideline applicable to the Lokkna Services or any other Lokkna product or Service, or (iii) use the Lokkna Services in any way other than as expressly authorized in these Terms, without our prior written permission.

If Lokkna suspends or terminates your license to access or use the Lokkna Services, you will immediately cease accessing or using the Lokkna Services. Lokkna reserves the right but assumes no obligation, to take appropriate legal action against you for continuing to use the Lokkna Services during suspension or after termination, including the pursuit of civil, criminal, or injunctive relief. Lokkna may recover reasonable lawyers' fees and court expenses from you in connection with this action. These Terms shall continue to be binding on you even if your license to access or use Lokkna Services is discontinued or canceled.

9. Lokkna logo and trade names

Lokkna, Lokkna.com, the lokkna logo, and the colors are unique trade signatures and may not be duplicated, imitated, or used in whole or in part without our prior written consent. Furthermore, our product or service names, slogans, and the look and feel of our websites and apps, including all page headers, custom graphics, button icons, and scripts, are service marks and/or trade dress and may not be copied, imitated, or used, in whole or in part, without our express prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Lokkna Services belong to their respective owners. The use of a trade name, trademark, manufacturer, supplier, or other identifiers to refer to any products, services, processes, or other information does not indicate or imply our endorsement, sponsorship, or recommendation.

10. Feedback

Users can publish, submit, or convey questions, comments, suggestions, ideas, original or creative materials, or other information about Lokkna or our Services (feedback). You acknowledge that feedback may be treated as non-confidential by Lokkna. You agree that we may use your feedback for any reason, commercial or otherwise, without acknowledging or compensating you, including developing, copying, publishing, or improving the Lokkna Services at our sole discretion.

11. Complaints Regarding Copyright and Intellectual Property

Through our Intellectual Property Report Form, you can report alleged intellectual property rights violations or counterfeit items to Lokkna. Furthermore, per the Digital Millennium Copyright Act (DMCA) and other applicable laws, we have adopted a policy of terminating the accounts of users who repeatedly infringe the intellectual property rights of others in appropriate circumstances. If you believe that something on our Services violates any copyright that you own or manage, please use our flagging system to alert admin or email Lokkna support at support@lokkna.com

Please consult 17 USC 512(c)(3) for proper notification requirements. Also, please remember that if you knowingly falsely claim that any activity or material on our Services is infringing, you may be held liable by Lokkna for certain costs and damages.

12. Content Provided by Others

We may make information about third-party products, services, activities, or events available on or through the Services, or we may allow third parties to make their material and information available on or via the Services (collectively, "Third-Party Content"). We offer Third-Party Content as a service to those interested in it. Your interactions or dealings with third parties, as well as your use of or interaction with Third-Party Content, are solely between you and the third party. Lokkna does not control or endorse any Third-Party Content and makes no claims or warranties about it. You access and use any Third-Party Content at your own risk.

13. Indemnification

To the greatest extent permitted by applicable law, you will indemnify, defend, and hold harmless Lokkna and our subsidiaries and affiliates, as well as our officers, directors, agents, partners, and employees (collectively, the "Lokkna Parties") from and against any losses, liabilities, claims, demands, damages, expenses, or costs ("Claims") arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; You undertake to promptly notify the Lokkna Parties of any third-party Claims, to cooperate with the Lokkna Parties in defending such Claims, and to pay any fees, charges, and expenses connected with such defending (including, but not limited to, attorneys' fees). You further agree that the Lokkna Parties will have complete control over the defense or settlement of any third-party Claims, at Lokkna's sole discretion. This indemnity supplements, not replaces, any additional indemnities set forth in a formal agreement between you and Lokkna or the other Lokkna Parties.

14. Disclaimers

Your use of our Services is entirely at your own risk. Unless otherwise specified in writing by us, our Services and any content contained therein are provided "as is" and "as available" with no express or implied warranties of any kind, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Furthermore, Lokkna makes no representation or warranty that our Services are accurate, complete, reliable, up-to-date, error-free, or free of viruses or other harmful components. You bear the complete risk in terms of the Services' quality and performance.

15. Liability Restriction

To the fullest extent permitted by applicable law, Lokkna and the other Lokkna Parties will not be liable to you for any indirect, consequential, incidental, or special damages or lost profits, whether based on contract, tort, negligence, warranty, or otherwise, even if Lokkna or the other Lokkna Parties have been advised of the possibility of such damages. Lokkna and the other Lokkna Parties' total liability for any claim arising out of or relating to these Terms or our Services, regardless of the form of action, is limited to the greater of $100 or the amount paid by you to Lokkna in the 12 months preceding the event giving rise to the claim.

The restrictions outlined in this Section 16 will not limit or eliminate liability for Lokkna's or the other Lokkna Parties' gross negligence, fraud, deliberate misconduct, or any other reasons for which liability cannot be excluded or restricted under applicable law. Furthermore, because some jurisdictions do not permit the exclusion or limitation of incidental or consequential damages, the limitations or exclusions set forth above may not apply to you.

16. Acceptance of Risk

We do not investigate or verify any user's reputation, conduct, morality, criminal background, or any information users may submit to the services. You are solely Responsible for taking all necessary precautions when interacting with other Users, specifically when meeting a stranger in person for the first time. Other Users may attempt to physically harm or defraud you or obtain information from You for fraudulent purposes.

Community meetup spots: Community meetup spots are locations where a third party (such as a police department or a local store) has agreed to post a community meetup spot sign. We encourage third parties to place community Meetup spots in well-lit-up areas.

Here are some tips to consider when choosing a meetup spot

17. Release

You release Lokkna and the other Lokkna Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users, job applicants, job posters, and the acts or omissions of third parties, to the fullest extent permitted by applicable law. If you are a California consumer, you hereby waive your rights under California Civil Code 1542, which states that "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

18. Data Transfer and Processing

You agree that we may process, transfer, and retain information about you in the United States and other countries where you may not have the same rights and protections as you do under local law in order for us to deliver our Services.

19. Law Enforcement Agency Guidelines

If you are a law enforcement agency, we may be able to engage with you on ongoing situations involving alleged violations of the law; please see this page for additional information.

21. Binding Arbitration; Dispute Resolution

Please read the following section carefully since it compels you to arbitrate certain disputes and claims with Lokkna and limits how you can seek redress from us, unless you opt out of arbitration by following the procedures below. This arbitration agreement prohibits class or representative actions or arbitrations. Furthermore, arbitration prohibits you from suing in court or having a jury trial.

There will be no Representative Actions. You and Lokkna agree that any dispute arising from or related to these Terms or our Services is personal to you and Lokkna, and that any dispute will be resolved solely through individual action, rather than as a class arbitration, class action, or other type of representative proceeding. This section's limitations apply to, but are not limited to, class action refund claims brought by a group of taxpayers against Lokkna for taxes collected and remitted in good faith efforts to comply with state and local marketplace facilitator or marketplace provider laws. Nothing in this section should be interpreted as preventing a buyer from submitting a refund claim with the seller or the applicable state and local tax body, as permitted by law.

Dispute Resolution through Arbitration. Except for small claims disputes in which you or Lokkna seeks an individual action in small claims court in the county of your billing address, or disputes in which you or Lokkna seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Lokkna waive your right to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, you agree to first contact Lokkna and attempt to resolve any dispute or claim you have against Lokkna or relating in any way to the Services informally by sending a written notice of your claim ("Notice") to Lokkna by email at support@Lokkna.com or by certified mail addressed to Lokkna Inc., Attn: Lokkna Legal: 3551 Bloomfield Ln Clovis Ca, 93619

The Notice must (a) include your name, address, email address, phone number, and, if you have registered for a Lokkna account, the email address your account is registered under if it differs from your current email address; (b) describe the nature and basis of the claim; and (c) specify the specific relief sought.

Our notice to you will take the same form as indicated above. If you and Lokkna are unable to reach an agreement to resolve the claim within thirty (30) days of receiving the Notice, either party may submit the disagreement to binding arbitration conducted by the American Arbitration Association (AAA), or, in the limited circumstances set forth above, in court. AAA shall resolve all issues through secret, binding arbitration before a single arbiter.

The arbitration will be held in Fresno County, California, unless you want to have the arbitration at the AAA office nearest to your address. A "consumer" is defined as a person who uses the Services for personal, family, or household purposes for the purposes of this Section 21. For disputes involving less than $10,000 in damages, arbitrations may also be conducted over the phone or by video conferencing. Arbitrations will be conducted in accordance with the AAA Streamlined Arbitration Rules and Procedures ("AAA Rules"). The AAA Rules, in their most recent edition, are available on the AAA website and are hereby incorporated by reference. Click the highlighted link to access. You either recognize and agree that you have read and understand the AAA Rules, or you waive your right to do so and waive any claim that the AAA Rules are unreasonable or should not apply for any reason.

You and Lokkna agree that these Terms affect interstate commerce and that the substantive and procedural enforcement of this Section 21 will be governed by the Federal Arbitration Act, 9 USC 1, et seq. (the "FAA"), to the greatest extent permissible by law. The arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, as limited by the FAA, these Terms, and the JAMS Rules, including the power to determine whether a dispute may be arbitrated. The arbitrator may only conduct individual arbitrations; he or she may not consolidate more than one person's claims, preside over any sort of class or representative process, or preside over any proceeding involving more than one person.

The arbitration process will enable the discovery or exchange of non-privileged information relevant to the dispute.

The arbitrator, Lokkna, and you will keep any arbitration proceedings, judgments, and awards confidential, including, but not limited to, all information acquired, compiled, and presented for the purposes of the arbitration or connected to the dispute(s). Unless the law states otherwise, the arbitrator will have the right to make necessary findings to protect confidentiality. The duty of confidentiality does not apply if the disclosure is required to prepare for or conduct the merits arbitration hearing, in connection with a court application for a preliminary remedy, or in connection with a judicial challenge to an arbitration award or its enforcement, or if the disclosure is otherwise required by law or judicial decision.

You and Lokkna agree that you will pay the filing fee for any arbitration you initiate, and Lokkna will pay the remaining AAA fees and costs. Lokkna shall pay all AAA fees and costs for any arbitration initiated by it. You and Lokkna agree that the state and federal courts of California and the United States, sitting in Fresno, California, will have exclusive jurisdiction over any appeals and enforcement of an arbitration result.

Any claim arising out of or related to these Terms or our Services must be filed within one year of the occurrence of the claim; otherwise, the claim is permanently barred, and neither you nor Lokkna will be able to assert the claim.

You may opt out of binding arbitration within 30 days of accepting the provisions of this Section 21 by emailing Lokkna at support@Lokkna.com. The opt-out notice must include your full name and address and a clear indication of your intention to opt out of binding arbitration. By declining to participate in binding arbitration, you agree to handle disputes in line with Section 23.

If any portion of this Section 21 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) the severance of the unenforceable or unlawful provision shall have no effect whatsoever on the remainder of this Section 21 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 21; and (c) to the extent that any claims must thus proceed, furthermore, if any part of this Section 21 is found to preclude an individual claim for public injunctive relief, that provision will be null and void to the extent that such relief is permitted to be sought outside of arbitration, and the remainder of this Section 21 will be enforceable. If you are a consumer, the terms of this Section 21 will be changed to comply with the AAA Consumer Arbitration Minimum Standards.

22. Governing Law and Location

Any dispute arising from these Terms and your use of the Services will be governed, construed, and enforced under California law, except where preempted by US federal law, and without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any disagreement between the parties that is not subject to arbitration or cannot be heard in small claims court will be decided in King County, Washington, by the state or federal courts of Washington and the United States, respectively.

23. Changing and Cancelling Our Services

We reserve the right, at any time, to alter our Services or to suspend or discontinue delivering all or portions of our Services. You also have the option to discontinue using our Services at any time. We are not liable for any loss or damage resulting from your inability to access or utilize our Services

24. Miscellaneous

If any term or portion of a provision of these Terms is found to be unlawful, void, or unenforceable, that provision or part of a provision is deemed severable from these Terms and has no bearing on the validity and enforceability of any remaining provisions.

Lokkna's omission to execute or enforce any right or term of these Terms will not be construed as a waiver of that right or provision. The section headings in these Terms are merely for convenience and have no legal or contractual significance.

Unless otherwise specified, these Terms are designed solely for the benefit of the parties and do not confer third-party beneficiary rights on any other person or entity. You agree that we may conduct discussions and transactions electronically. For all reasons, Lokkna is an independent contractor and is not your agent or trustee. You are not an Lokkna agent.

25. Additional Terms

The extra terms and conditions ("Supplemental Terms") set out below are incorporated into these Terms and apply to your use of the following Services: