Terms of Use

 

Region: Australia · United Kingdom · Take to Table (UK) · United States

End User Terms of Use (Australia)

1. ABOUT THESE TERMS

1.1 These terms of use, including any documents they link to (“Terms”), are a contract between you (“you”, “your” or “User”) and Loke Digital Pty Limited ACN 167 259 341 of 5 Glasshouse Road, Collingwood VIC 3066, Australia (“LOKE”, “we”, “us” or “our”). By accessing or using a LOKE application or website you accept these Terms. If you do not agree to them, please do not use the application or website.

1.2 LOKE is a technology platform that allows a Merchant to offer ordering, payment, loyalty and store-credit services to its customers through a branded mobile application or website (“Application”). The LOKE website at https://loke.global/ or any other website through which LOKE makes the Application available (collectively, the “Site”) and any interaction with you via the Site or Application is referred to as a “Service”. In these Terms, the Application or Site as appropriate are referred to as “LOKE”.

1.3 LOKE collects personal data from you in the course of providing you with access to LOKE. Our Privacy and Cookie Policy for your region, available on our website at www.loke.global, explains what we collect, why, who we share it with (including the Merchant) and the rights you have under the Privacy Act 1988 (Cth). The Merchant whose Application you are using also collects and uses your personal data for its own purposes under its own privacy notice.

2. DEFINITIONS AND INTERPRETATION

2.1 Unless otherwise provided, in these Terms:

(a) ‘Intellectual Property Rights’ or ‘IPR’ means all intellectual property rights, including but not limited to, the following rights:

(i) patents, copyright, database rights, rights in designs, moral rights, trade and service marks (including goodwill in those marks), domain names and trade names and any right to have confidential information kept confidential;

(ii) any application or right to apply for registration of any of the rights referred to in paragraph (i); and

(iii) all rights of a similar nature to any of the rights in paragraph (i) which may subsist anywhere in the world, whether or not such rights are registered or capable of being registered.

(b) ‘Personal Information’ has the meaning given by the Privacy Act 1988 (Cth).

(c) ‘Personnel’ means the officers, employees, contractors (including subcontractors and their employees) and agents of LOKE.

(d) ‘Third Party Service’ means any third party software, application or website which LOKE directly or indirectly interacts with, including payment processors, point-of-sale systems and delivery providers.

(e) ‘User’ means any person who accesses LOKE.

(f) ‘Merchant’ means the business that offers its goods and services to you through an Application, and whose name appears on the Application.

(g) ‘Consumer’ has the meaning given in section 3 of the Australian Consumer Law.

3. LOKE

(a) LOKE owns and operates the LOKE platform on which the Application and Site are built, and provides the Application to the Merchant under contract.

(b) By clicking “I Agree” and/or by accessing and/or using LOKE (whichever is first), the User will be bound by these Terms as they appear as part of LOKE from time to time.

(c) LOKE may amend the Application (including any of its functionality) and these Terms from time to time, for example to reflect changes in law, changes made by a Third Party Service, or improvements to the Application. We will give you reasonable notice of any material change to these Terms by posting the updated Terms in the Application and, where we have your contact details and the change is significant, by notifying you directly. If you do not agree to a change you may stop using the Application and close your account at any time. Your continued use of the Application after a change takes effect will constitute acceptance of the amended Terms.

4. REGISTRATION

(a) The User acknowledges and agrees that:

(i) it can use some aspects of the Application without registration with LOKE; but

(ii) to use all functionality of the Application it must register and provide all information required by LOKE during the registration process (User Information) to LOKE via the Application or a nominated website.

(b) By registering and providing the User Information, the User confirms that:

(i) it will provide up-to-date, current and accurate information and will update its User Information as required;

(ii) it will keep the registration details, including username(s) and password(s), secure and confidential, and will tell us promptly if it believes its account has been used without authority; and

(iii) the User Information is not misleading, false, fraudulent or defamatory and does not infringe the Intellectual Property Rights of any third party.

(c) You must be at least 13 years old to register for an account. Where a Merchant sells age-restricted products such as alcohol, you must be at least 18 years old to order them, and the Merchant may ask for proof of age before handing them over, as required by liquor licensing laws in your State or Territory.

5. ORDERS, PAYMENT AND LOYALTY

(a) When you place an order through the Application, your contract for the goods and services ordered is with the Merchant, not with LOKE. The Merchant is responsible for accepting your order, preparing and supplying the goods and services, and for their quality and description. An order is accepted when the Merchant confirms it in the Application.

(b) Payment for orders is collected through the Application by our payment processor (currently Stripe) and paid to the Merchant. We do not hold your money. Where a platform or service fee is charged for using the Application, it is a fee for LOKE’s ordering, payment and loyalty services, is the same whichever card you use, and is not a surcharge for paying by card. It will be shown to you before you confirm your order.

(c) Because food and drink are perishable and prepared to order, an order cannot generally be cancelled once the Merchant has accepted it. If something is wrong with your order, you have the benefit of the consumer guarantees under the Australian Consumer Law against the Merchant as the supplier, and the Merchant may issue a refund or store credit through the Application.

(d) Loyalty points, rewards, vouchers and store credit offered in an Application are issued by the Merchant, can only be used with that Merchant in accordance with the Merchant’s programme rules shown in the Application, have no cash value, cannot be transferred or sold, and may expire or be withdrawn in accordance with those rules. Any gift card, voucher or store credit that you buy will be valid for at least three years from the date of purchase (unless the Australian Consumer Law permits otherwise), and its expiry date will be shown in the Application. LOKE operates the technology for the programme on the Merchant’s behalf but is not responsible for honouring rewards or credit.

6. FRAUD, RISK AND ACCEPTABLE USE

(a) LOKE reserves the right to restrict or suspend use of the Application if LOKE reasonably suspects fraud, a breach of these Terms, misuse of a loyalty programme or store credit, or if we otherwise reasonably believe there is an increased risk to us, you, a Merchant or any LOKE user. We will tell you why, unless doing so would be unlawful or would prejudice an investigation.

(b) You authorise us to make, directly or through third parties, any enquiries we reasonably consider necessary to confirm your identity and prevent fraud. This may include verifying information you provide against third party databases. Please refer to our Privacy and Cookie Policy for more information.

(c) You must not: (i) use the Application for any unlawful, fraudulent or abusive purpose, including placing fraudulent orders, abusing refunds or chargebacks, or manipulating a loyalty programme; (ii) create more than one account to obtain rewards or offers, or use another person’s account or payment card without authority; (iii) copy, modify, reverse engineer or decompile the Application, except to the extent the law allows despite this restriction; (iv) use any robot, scraper or other automated means to access or collect data from the Application, or interfere with its security or operation; or (v) harass, threaten or abuse a Merchant’s staff, couriers or our staff.

7. INTELLECTUAL PROPERTY RIGHTS

(a) Except as permitted under applicable law, the User may not reproduce, distribute, adapt or publish copies of any information or material found on the Application (or the Application itself) in any form (including by e-mail or other electronic means), without LOKE’s prior written consent.

(b) All trade marks, copyright and other Intellectual Property Rights in the Application and the information and material contained on the Application are owned by or licensed to LOKE or the Merchant. We grant you a personal, non-transferable, revocable licence to use the Application for its intended purpose in accordance with these Terms.

(c) If you give us feedback or suggestions about the Application, you agree that we may use them without restriction or payment to you.

(d) If you downloaded the Application from the Apple App Store or Google Play, you also agree to the applicable store’s terms. These Terms are between you and LOKE only, not Apple or Google. Apple and Google have no responsibility for the Application, its maintenance or support, or any claim relating to it. If the Application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any purchase price you paid for it (which is nil). Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

8. PRIVACY

(a) LOKE collects and holds the Personal Information you provide through the Application and will handle it in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and the terms of LOKE’s Privacy and Cookie Policy. The Merchant separately collects and holds the Personal Information it receives about you through the Application and is responsible for its own handling of it.

(b) LOKE (including its authorised service providers) may use data and information (including Personal Information) that you submit when registering with or using the Application in order to provide you with the Application and for the other purposes described in our Privacy and Cookie Policy, including to:

(i) pass your orders, contact details and loyalty activity to the Merchant so that it can serve you;

(ii) send you service messages about your orders and account;

(iii) where you have agreed or where the law otherwise allows, send you marketing and personalise the offers and content shown to you; and

(iv) monitor use of the Application for security, fraud prevention and improvement of the service.

(c) The Application may log (and LOKE may have access to) information about any mobile device or computer used to access the Application (including the User’s IP address, operating system and browser type) and the date and time of access.

(d) We take reasonable steps to protect your Personal Information from misuse, interference, loss and unauthorised access, as required by Australian Privacy Principle 11, but no transmission over the internet is completely secure, and you should keep your login details confidential.

9. DISCLAIMER

(a) LOKE is not the supplier of any of the goods and services advertised through the Application. LOKE does not moderate interaction between Merchants and Users.

(b) The Merchant is entirely responsible for all goods and services advertised via the Application. All complaints or disputes relating to any advertised goods and services must be directed to the Merchant. LOKE will provide you with the contact details of a specific Merchant on request to support@loke.global.

(c) Representations about goods and services, including menus, prices, allergen and dietary information and availability, are based on information and material provided to LOKE by the relevant Merchant. For the avoidance of doubt, the User acknowledges that LOKE does not itself make any representations, either express or implied, as to the quality, accuracy, reliability or credibility of information or material supplied or made available by third parties, including Merchants, on the Application. If you have an allergy or dietary requirement, please check with the Merchant directly before ordering.

(d) Any dispute between the User and the Merchant must be resolved by the User and the Merchant. LOKE will pass on your complaint to the Merchant if you ask us to, but is under no obligation to resolve the dispute.

10. LIABILITY

(a) Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot be excluded, or our liability for death or personal injury caused by our negligence, or for fraud.

(b) To the extent the Australian Consumer Law permits us to limit our liability for a failure to comply with a consumer guarantee in relation to services that are not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited, at our option, to supplying the services again or paying the cost of having the services supplied again. Otherwise, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breach of these Terms or our failure to use reasonable care and skill, but not for loss or damage that is not reasonably foreseeable.

(c) We are not responsible for the goods and services supplied by a Merchant, for the accuracy of information a Merchant provides, for any failure of a Third Party Service that we do not control, or for any failure or delay in the Application caused by events outside our reasonable control, including failures of internet, mobile or payment networks.

(d) The Application is provided for personal, domestic and household use. If you use it for any commercial or business purpose we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

(e) If you use the Application in breach of these Terms, you will be responsible for any loss or damage we suffer as a reasonably foreseeable result of that breach.

11. TERMINATION OF ACCESS

(a) You may stop using the Application and close your account at any time by contacting support@loke.global.

(b) LOKE may suspend or terminate the User’s access to the Application if the User breaches these Terms, if we reasonably suspect fraud or misuse, if the Merchant’s Application is withdrawn, or if we stop providing the Application, in which case we will give you reasonable notice where practicable.

(c) Termination does not affect any order already accepted by the Merchant or any rights or liabilities that have already accrued.

12. GENERAL

(a) These Terms are governed by the laws of Victoria, Australia, and each party submits to the non-exclusive jurisdiction of the courts of Victoria and the courts entitled to hear appeals from them.

(b) If you have a complaint about the Application, please contact us at support@loke.global and we will try to resolve it with you. If we cannot resolve your complaint you may contact the consumer protection agency in your State or Territory, and you remain free to bring a claim in court or tribunal.

(c) LOKE accepts no liability for any failure or delay in complying with these Terms where such failure or delay is due to circumstances beyond LOKE’s reasonable control.

(d) If LOKE waives any rights available to it under these Terms on one occasion, this does not mean that those rights will be automatically waived on any other occasion.

(e) If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms will continue in force.

(f) We may transfer our rights and obligations under these Terms to another organisation, for example if a LOKE group company takes over the provision of the Application; we will tell you if this happens and it will not affect your rights. You may not transfer your account or rights under these Terms to anyone else.

(g) These Terms were last updated on 12 October 2026.