Terms of Use
Region: Australia · United Kingdom · Take to Table (UK) · United States
End User Terms of Use (United States)
1. ABOUT THESE TERMS
1.1 IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. SECTION 16 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. IT REQUIRES YOU AND LOKE TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT OR THROUGH A CLASS ACTION, UNLESS YOU OPT OUT WITHIN 30 DAYS AS EXPLAINED IN SECTION 16.
1.2 These terms of use, including any documents they link to (“Terms”), are a contract between you (“you”, “your” or “User”) and LOKE America Inc, a Delaware corporation whose address is 2261 Market Street, STE 10133, San Francisco, CA 94114 (“LOKE”, “we”, “us” or “our”). By creating an account, placing an order, or otherwise 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.
1.3 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 www.loke.global, any other website through which LOKE makes the Application available (collectively, the “Site”) and any interaction with you through the Site or Application are referred to as the “Service”.
1.4 LOKE collects personal information from you in the course of providing the Service. Our Privacy and Cookie Policy for the United States, 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. The Merchant whose Application you are using also collects and uses your personal information for its own purposes under its own privacy policy.
2. DEFINITIONS AND INTERPRETATION
2.1 Unless otherwise provided, in these Terms:
(a) ‘Intellectual Property Rights’ means all patents, copyrights, trademarks, service marks, trade names, trade dress, trade secrets, database rights, rights in designs and domain names, and all other intellectual property and proprietary rights anywhere in the world, whether or not registered.
(b) ‘Merchant’ means the business that offers its goods and services to you through an Application, and whose name appears on the Application.
(c) ‘Personal Information’ has the meaning given in our Privacy and Cookie Policy.
(d) ‘Third Party Service’ means any third-party software, application or website with which LOKE directly or indirectly interacts, including payment processors, point-of-sale systems and delivery providers.
(e) ‘including’ and similar words mean “including without limitation”.
3. LOKE AND CHANGES TO THESE TERMS
(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) LOKE may change the Service (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 Service. 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 Service and close your account at any time. Your continued use of the Service after a change takes effect will constitute acceptance of the updated Terms. Any change to Section 16 will not apply to a dispute of which we had actual notice before the change took effect.
4. ELIGIBILITY AND REGISTRATION
(a) You must be at least 13 years old to use the Service. If you are under 18, or the age of majority where you live, you may use the Service only with the involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf.
(b) Some features of the Service are available without registering. To use all features, you must register and provide the information we ask for (“User Information”). By registering, you confirm that:
(i) your User Information is accurate, current and complete, and you will keep it up to date;
(ii) you will keep your login details secure and confidential, and will tell us promptly if you believe your account has been used without your authority. You are responsible for activity on your account; and
(iii) your User Information is not misleading, false or fraudulent and does not infringe the rights of any third party.
(c) Where a Merchant sells alcohol, you must be at least 21 years old to order it, and the Merchant or courier may ask for valid photo identification before handing it over. The Merchant may refuse to supply alcohol in accordance with applicable law.
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, safety 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. By saving a payment card, you authorize us and our payment processor to charge it for orders you place and any fees you agree to.
(c) Before you confirm an order, the Application will show you the total price, including the price of the items, any service or platform fee charged by LOKE or the Merchant, any delivery fee, any tip you choose to add, and applicable taxes. Any service or platform fee is not a tip or gratuity and is not paid to staff unless the Application says so.
(d) Cancellations, refunds and substitutions are handled by the Merchant in accordance with its policies and applicable law. If something is wrong with your order, please contact the Merchant. The Merchant may issue a refund or store credit through the Application.
(e) 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 program rules shown in the Application, cannot be transferred or sold, and have no cash value except where the law requires otherwise. Promotional rewards may expire or be withdrawn in accordance with the program rules. Store credit that you have paid for, or that has been issued to you as a refund, will not expire, and will be redeemable for cash, except as permitted by applicable law. LOKE operates the technology for the program on the Merchant’s behalf but is not responsible for honoring rewards or store credit.
6. TEXT MESSAGES AND ELECTRONIC COMMUNICATIONS
(a) By providing your mobile number, you agree that we and the Merchant may send you text messages about your account and orders, such as verification codes and order updates. We will only send you marketing text messages if you have given your prior express written consent, which is not a condition of any purchase. Our SMS Messaging Terms, available on our website at www.loke.global, apply to all text messages and form part of these Terms. Message and data rates may apply. You can opt out at any time by replying STOP.
(b) You agree that we may provide notices, disclosures and other communications to you electronically, including by email, text message, push notification or by posting them in the Application, and that these satisfy any legal requirement that a communication be in writing.
7. FRAUD AND RISK
(a) LOKE may restrict or suspend your use of the Service if it reasonably suspects fraud, a breach of these Terms, or misuse of a loyalty program or store credit, or if it otherwise reasonably believes there is an increased risk to us, you, a Merchant or any LOKE user. Where lawful and practicable, we will tell you why.
(b) You authorize 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.
8. ACCEPTABLE USE
8.1 You must not:
(a) use the Service for any unlawful, fraudulent or abusive purpose, including placing fraudulent orders, abusing refunds or chargebacks, or manipulating a loyalty program;
(b) create more than one account to obtain rewards or offers, or use another person’s account or payment card without authority;
(c) copy, modify, reverse engineer, decompile or attempt to extract the source code of the Service, except to the extent the law allows despite this restriction;
(d) use any robot, scraper or other automated means to access or collect data from the Service, or interfere with or disrupt its security or operation; or
(e) harass, threaten or abuse a Merchant’s staff, couriers or our staff.
9. INTELLECTUAL PROPERTY
(a) All Intellectual Property Rights in the Service, and in the information and material contained in it, are owned by or licensed to LOKE or the Merchant. Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. You may not reproduce, distribute, adapt or publish any part of the Service without our prior written consent, except as permitted by law.
(b) If you give us feedback or suggestions about the Service, you agree that we may use them without restriction or compensation to you.
(c) If you downloaded an 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 the Application (which is free). Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in a country subject to a US government embargo, and are not on any US government list of prohibited or restricted parties.
10. PRIVACY
10.1 LOKE handles your Personal Information in accordance with our Privacy and Cookie Policy for the United States, which explains your privacy rights and choices, including how to opt out of targeted advertising. The Merchant handles the Personal Information it receives about you through the Application in accordance with its own privacy policy.
11. MERCHANTS AND THIRD-PARTY SERVICES
(a) LOKE is not the supplier of any of the goods and services offered through the Application, and does not prepare, deliver or inspect them.
(b) The Merchant is entirely responsible for all goods and services offered through the Application. All complaints and disputes about them must be directed to the Merchant. LOKE will give you a Merchant’s contact details on request to support@loke.global, and will pass your complaint to the Merchant if you ask us to, but is not obliged to resolve it.
(c) Menus, prices, nutritional, allergen and dietary information and availability are provided by the Merchant. LOKE does not verify them and makes no representation as to their accuracy. If you have a food allergy or dietary requirement, please check with the Merchant directly before ordering.
(d) The Service may link to or rely on Third Party Services that we do not control. Your use of them may be subject to their own terms, and we are not responsible for them.
12. DISCLAIMERS
12.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND LOKE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LOKE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT ANY MERCHANT WILL ACCEPT OR FULFILL AN ORDER. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
13. LIMITATION OF LIABILITY
(a) TO THE FULLEST EXTENT PERMITTED BY LAW, LOKE AND ITS AFFILIATES, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) TO THE FULLEST EXTENT PERMITTED BY LAW, LOKE’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (I) THE SERVICE AND PLATFORM FEES YOU PAID TO LOKE IN THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (II) ONE HUNDRED US DOLLARS (US$100).
(c) LOKE is 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, or for any failure or delay caused by events outside our reasonable control, including failures of internet, mobile or payment networks.
(d) Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for fraud, gross negligence or willful misconduct. Some states do not allow the limitation or exclusion of certain damages, so some of these limitations may not apply to you.
14. INDEMNITY
14.1 To the extent permitted by law, you agree to indemnify and hold harmless LOKE and its affiliates, officers, employees and agents from any third-party claims, losses, liabilities and reasonable legal fees arising from your breach of these Terms, your misuse of the Service, or your violation of any law or the rights of any third party.
15. TERMINATION
(a) You may stop using the Service and close your account at any time by contacting support@loke.global.
(b) LOKE may suspend or terminate your access to the Service if you breach these Terms, if we reasonably suspect fraud or misuse, if the Merchant’s Application is withdrawn, or if we stop providing the Service. 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. Sections 9, 12, 13, 14, 16, 17 and 18 survive termination.
16. DISPUTE RESOLUTION AND ARBITRATION
(a) Informal resolution. Most concerns can be resolved quickly by contacting us at support@loke.global. Before starting an arbitration or court proceeding, you and LOKE each agree to send the other a written notice of the dispute, describing the claim and the relief sought, and to try in good faith to resolve it informally for 60 days. Your notice must be sent to support@loke.global, with “Notice of Dispute” in the subject line, or to our address above, and must include your name, the email address or phone number linked to your account, and your signature (or your lawyer’s signature). Any limitation period is suspended during this 60-day period.
(b) Agreement to arbitrate. If the dispute is not resolved informally, you and LOKE agree that any dispute, claim or controversy arising out of or relating to these Terms, the Service or our relationship (a “Dispute”), including the scope or enforceability of this agreement to arbitrate (except as stated in Section 16(e)), will be resolved by binding individual arbitration, and not in court. This Section 16 is governed by the Federal Arbitration Act.
(c) Exceptions. Either party may (i) bring an individual claim in small claims court if it qualifies and stays in that court, and (ii) seek an injunction in court to stop the infringement or misuse of its Intellectual Property Rights.
(d) Rules and fees. The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures (or, where the amount in dispute exceeds US$250,000, its Comprehensive Arbitration Rules and Procedures) and the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses, Minimum Standards of Procedural Fairness, in effect when the arbitration is filed. These are available at www.jamsadr.com. A single arbitrator will decide the Dispute. The hearing will take place by video conference or, if either party asks, in the county where you live. For a claim brought by you, your share of the filing fee will not exceed the fee payable to start a case in court, and LOKE will pay all other JAMS fees and the arbitrator’s fees. Each party will bear its own legal fees, unless the arbitrator awards them under applicable law. The arbitrator may award any individual relief that a court could award, and must follow these Terms.
(e) Class action and jury trial waiver. YOU AND LOKE EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU AND LOKE EACH WAIVE THE RIGHT TO A JURY TRIAL. The arbitrator may not consolidate claims of more than one person or preside over any class or representative proceeding. A court, not an arbitrator, will decide any question about the validity or enforceability of this Section 16(e). If a court finds this Section 16(e) unenforceable for a particular claim or remedy (such as public injunctive relief), that claim or remedy will be severed and decided by a court after the individual claims have been arbitrated, and the rest of this Section 16 will still apply.
(f) Mass arbitration. If 25 or more demands for arbitration raising similar claims are filed against LOKE by or with the help of the same or coordinated lawyers or organizations, they will be administered under the JAMS Mass Arbitration Procedures and Guidelines. The parties agree that the claims may be resolved in batches, starting with a bellwether batch of no more than 10 demands, and that no other demand in the group will be filed with, or incur fees from, JAMS until the earlier batches are resolved. Any limitation period is suspended for claims awaiting a batch. A court may decide any dispute about whether this Section 16(f) applies.
(g) Your right to opt out. You may opt out of this agreement to arbitrate by sending a written notice to support@loke.global, with “Arbitration Opt-Out” in the subject line, within 30 days after you first accept these Terms. Your notice must include your name, the email address or phone number linked to your account, and a clear statement that you opt out of arbitration. Opting out will not affect any other part of these Terms, and will not affect any earlier agreement to arbitrate between you and LOKE.
(h) Severability. Except as stated in Section 16(e), if any part of this Section 16 is found unenforceable, the rest of this Section 16 will continue to apply. If this Section 16 as a whole is found unenforceable, or if you opt out, any Dispute will be decided by the state or federal courts in accordance with Section 17.
17. GOVERNING LAW AND VENUE
17.1 These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules, and, as to Section 16, by the Federal Arbitration Act. Any Dispute that is not subject to arbitration will be decided exclusively by the state or federal courts located in Delaware, except that small claims may be brought where you live. You and LOKE consent to the jurisdiction of those courts. This does not deprive you of the protection of any law of the state where you live that cannot be excluded by agreement.
18. GENERAL
(a) LOKE is not liable for any failure or delay in performing these Terms that is caused by circumstances beyond its reasonable control.
(b) If LOKE waives any right under these Terms on one occasion, this does not mean that the right is waived on any other occasion.
(c) If any part of these Terms is held to be invalid, unenforceable or illegal, the rest of these Terms will continue in force, subject to Section 16(h).
(d) We may transfer our rights and obligations under these Terms to another organization, including another LOKE group company or a buyer of all or part of our business. We will tell you if this happens and it will not reduce your rights. You may not transfer your account or rights under these Terms to anyone else.
(e) These Terms, together with the documents referred to in them, are the entire agreement between you and LOKE about the Service.
(f) If you have a complaint about the Service, please contact us at support@loke.global. If you are a California resident, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
(g) These Terms were last updated on 12 October 2026.