LOKALE TERMS OF USE

These Terms of Use (“Terms”) govern access to and use of the Lokale website, mobile application, and related services (together, the “Platform”), operated by Lokale (“Lokale”, “we”, “us”, or “our”). By creating an account, browsing the Platform, or using it in any way, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, please do not use the Platform.

1. Definitions

In these Terms, the following words have the meanings set out below, unless the context requires otherwise:

• Platform means the Lokale website, mobile application (available on Android, with iOS in closed beta), and any related features or services that allow Users to discover, showcase, and buy or sell products through short-form video and social commerce.
• User means any person who accesses or uses the Platform in any capacity, whether as a shopper browsing and purchasing products, or as a Service Provider showcasing and selling products. Every Service Provider is also a User for the purposes of these Terms.
• Service Provider (also referred to as a “Vendor” or “Seller”) means a User who lists, showcases, offers, or sells products or services through the Platform, including local fashion brands and other businesses onboarded to sell via the Platform.
• Account means the registered profile a User creates to access and use the Platform.
• Content means any video, image, text, product listing, message, or other material uploaded, posted, or shared on the Platform by a User.
• CPA means the Consumer Protection Act 68 of 2008, as amended.

2. Nature of the Platform — Lokale as a Third-Party Intermediary

Lokale operates as a technology platform and third-party intermediary that connects shoppers with independent Service Providers. Lokale does not itself manufacture, own, stock, sell, or supply the products listed on the Platform, and is not a party to any sale agreement concluded between a shopper and a Service Provider.

Service Providers are independent third parties responsible for their own products, listings, pricing, descriptions, stock availability, quality, safety, and legal compliance (including compliance with the CPA and any other applicable consumer or trade legislation). Arrangements for delivery or collection of products are made directly between the shopper and the Service Provider; Lokale does not handle delivery or logistics.

Because Lokale acts only as a facilitator connecting Users, Lokale is not responsible for, and will not be liable for, any fraud, misrepresentation, non-delivery, defective products, counterfeit goods, or other misconduct committed by a User (whether a shopper or a Service Provider). Users transact with one another at their own risk, and Lokale strongly encourages Users to exercise reasonable care, verify sellers, and use the in-app communication and payment tools provided.

3. Eligibility and Account Registration

To use the Platform, you must be able to form a legally binding contract under South African law. By registering, you confirm that the information you provide is accurate, current, and complete, and you agree to keep it updated.

You are responsible for maintaining the confidentiality of your login credentials (including your password and any one-time codes) and for all activity that takes place under your Account. You must notify Lokale immediately if you suspect unauthorised access to, or use of, your Account. Lokale is not liable for any loss arising from your failure to keep your credentials secure, except where that loss is caused by Lokale's own negligence.

4. Account Suspension and Termination

Lokale may, at its discretion and where reasonably necessary to protect the Platform, other Users, or our business, suspend or permanently terminate a User's Account, with or without prior notice, in circumstances including (without limitation) where a User:

• engages in fraud or attempted fraud, including payment fraud;
• sells or attempts to sell counterfeit, stolen, or prohibited products;
• repeatedly violates these Terms, our policies, or applicable law;
• engages in abusive, harassing, threatening, or otherwise inappropriate behaviour towards other Users or Lokale staff;
• poses a security risk to the Platform, other Users, or Lokale's systems;
• impersonates another person or entity, or misrepresents their identity or affiliation;
• engages in illegal activity of any kind; or
• otherwise engages in conduct that Lokale reasonably considers harmful to the integrity, safety, or reputation of the Platform.

Where practicable, Lokale will explain the reason for a suspension or termination. Where an Account is terminated for the reasons above, the User will not be entitled to a refund of any fees already paid, save as required by law.

4.1 Deletion by the User

Users may request deletion of their own Account at any time by contacting Lokale using the details in clause 9. Lokale will action such requests within a reasonable time, subject to clause 4.2 below.

4.2 Retention After Termination or Deletion

Even after an Account is terminated, suspended, or deleted, Lokale may retain certain information about a User where reasonably necessary for legal, financial, tax, fraud-prevention, or dispute-resolution purposes, or where retention is otherwise required or permitted by applicable law, including the CPA and any tax or financial recordkeeping legislation. Retained information will be handled in accordance with our Privacy Policy.

5. Security of Your Information

Lokale implements industry-standard technical and organisational security measures designed to protect User information, including:

• encrypted data transmission using HTTPS/TLS;
• secure cloud infrastructure;
• encrypted storage of information, where applicable;
• password hashing (passwords are never stored in plain text);
• role-based access controls limiting who within Lokale can access User information;
• monitoring and logging of system activity to help detect suspicious behaviour;
• regular security updates and patching; and
• secure processing of payments through reputable third-party payment processors.

No system can be guaranteed to be 100% secure. While Lokale takes reasonable and industry-standard steps to protect User information and to avoid a data breach, we cannot guarantee absolute security, and use of the Platform is at the User's own risk in this regard.

5.1 Incident Response and Notification

Lokale maintains procedures to respond to security incidents. If a data breach or leak occurs that affects User information, Lokale will investigate the incident and, where required by law, notify affected Users and any relevant regulator without undue delay. Lokale is committed to doing its best to prevent such incidents from occurring, but cannot guarantee that a breach will never occur.

5.2 Your Responsibilities

You are responsible for keeping your login credentials confidential and for using a strong, unique password. You must not share your login details with any other person. Lokale is not liable for losses arising from a User's failure to safeguard their own credentials.

6. Limitation of Liability

To the maximum extent permitted by law, and without limiting any rights a User may have under the CPA that cannot lawfully be excluded, Lokale:

• is not liable for any fraud, misrepresentation, or other unlawful conduct committed by a User, whether a shopper or a Service Provider;
• acts only as a third-party platform facilitating connections between Users, and is not a party to, and accepts no liability arising from, transactions concluded between Users;
• is not liable for the quality, safety, legality, or authenticity of products listed by Service Providers, or for any failure by a Service Provider to deliver, or by a shopper to pay for, a product; and
• is not liable for any indirect, incidental, or consequential loss arising from use of the Platform, save to the extent such liability cannot be excluded under the CPA or other applicable law.

Nothing in these Terms is intended to limit any right or remedy a consumer has under the CPA that cannot be excluded or limited by agreement.

7. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from or relating to these Terms, or to a User's use of the Platform, will be interpreted and resolved in accordance with South African law, including the CPA and any other applicable consumer protection, electronic communications, or data protection legislation, including the Protection of Personal Information Act 4 of 2013 where relevant.

Consumers retain all rights available to them under the CPA, including the right to refer unresolved disputes to the National Consumer Commission, an accredited consumer protection group, an ombud, or the relevant consumer court, in addition to any other remedy available at law.

8. Changes to These Terms

Lokale may update these Terms from time to time. Where changes are material, we will take reasonable steps to notify Users, such as posting a notice on the Platform or updating the “Last updated” date above. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

9. Contact Us

If you have questions about these Terms, or wish to request deletion of your Account, please contact us at:

Email: info@lokaleapp.co.za