Terms and Conditions of Use

Last updated: March 2021

Thank you for visiting www.lokofood.com and/or its related mobile application (hereinafter referred to jointly as the “Website” or “LOKOFOOD”), which are owned and operated by EXPRESSOFT TECHNOLOGY SRL, with the identification information specified below (hereinafter referred to as “the Company” or “LOKOFOOD”).

SC EXPRESSOFT TECHNOLOGY SRL, makes significant efforts to keep your information and preferences secure. We know how important it is to feel secure when you are online, so we ensure your data privacy, as you are now on an encrypted (SSL) connection whereby the information transmitted is encrypted and processed by us only with your consent. Remember that you can express your choice about your personal data processing at any time during our collaboration.

We are fully aware that the GDPR merely provides a modernized compliance legal framework based on responsibility for the protection of personal data.

The processing of your data is necessary to provide you with the services you require. In this respect, we are taking several security measures to protect you online. One of the measures we are taking to ensure transparency and proportionality toward you is to eliminate the unnecessary collection of personal data and minimize the data we collect. Therefore, we only request the information we need and store it to improve your experience.

Please read the terms and conditions carefully before using this Website to place an order.

This document contains and represents the terms and conditions of use and legal information (hereinafter referred to as the Terms and Conditions) that apply to the application and the Website, which we recommend you read carefully before use. The terms and conditions include the Privacy Policy, the Cookies Policy, order forms and, if applicable, any form / payment instruction, and thus constitute the entire agreement between the parties. No other express or implied term shall be considered as part of this agreement.

“You”, “yours, etc.” refers to the person, whether natural or artificial, accessing the Website and/or placing an order, as appropriate, in respect of any product or service offered via LOKOFOOD, as well as to the User.

By using, including by accessing, the Website, you agree to these terms and conditions as defined below.

By accessing and using the Website, you accept, without limitation, these Terms and Conditions and acknowledge that any other agreements between you and the Company are superseded by their provisions. By accessing / using the Website and voluntarily creating an account you also expressly recognize and accept these Terms and Conditions, including the Privacy Policy and the Cookies Policy, which are an integral thereof. In the event of a conflict between the Terms and Conditions and any other term or other provision on the Website, these Terms and Conditions shall prevail.

If you do not agree or accept without limitation the Terms and Conditions, which include an acceptance without limitation of the Privacy Policy and of the Cookies Cooks Policy of this Website, please leave the Website and refrain from using it.

These Terms and Conditions are applicable only to the LOKOFOOD Website, and to the services of the company in relation to LOKOFOOD. It does not apply to your relationship with the Traders.

This Website can only be used if you are at least 18 years old. By using the Website, you guarantee and confirm that you are of legal age required.

LOKOFOOD may immediately terminate the provision of any services in relation to you, in relation to LOKOFOOD, or may generally cease to provide you with or refuse you access to the LOKOFOOD Website / services or any portion thereof, at any time, in the event of failure to comply with the Terms and Conditions, and in any event where LOKOFOOD reasonably suspects the use of the Website in bad faith, or under other conditions expressly provided herein.

  1. Overview
  2. Purpose of the Website
  3. Login
  4. Order
  5. Contract
  6. Links to Third Party Websites
  7. Limitation of Liability
  8. Use of LOKOFOOD Website
  9. Personal Data Processing
  10. Use of Cookies
  11. Revisions of the Terms and Conditions of Use. LOKOFOOD Updates and Amendments
  12. Intellectual Property
  13. Final Provisions
  14. Applicable Law and Jurisdiction

1. Overview

The LOKOFOOD Website is owned and operated by EXPRESSOFT TECHNOLOGY SRL, a legal entity governed by the Romanian law, with its registered office in Bucharest, 73-81 Bucharest-Ploiesti Ave., office no. 1, 4th floor, sector 1, registered with the Trade Register under no. J40/1167/1991, tax number RO1581947, e-mail: contact@lokofood.com.

The company is an information technology company whose main business is connected to software development. LOKOFOOD also operates activities relating to the development and management of a technology platform enabling economic operators of food establishments such as restaurants, cafes, confectioner’s shops, etc., in different cities, located in different areas, to enroll, list and offer their products and/or services through the use of a website/platform and/or mobile application, on the basis of an agreed trade agreement with the Company (hereinafter referred to as “Traders”). The Company has thus developed the LOKOFOOD platform, which provides the necessary technology framework for the online interaction between Traders’ offer and Users’ requests, which can be completed by placing Orders and entering into a contract for the products and services ordered between Trader and User directly.

Therefore, the Company is not responsible for the products of the Traders listed in LOKOFOOD, for the way they handle an order placed by you in LOKOFOOD, for the proper provision of their services or for the delivery of the products, and for any issues generally related to the Trader and/or the product.

PLEASE NOTE THAT EXPRESSOFT DOES NOT PROVIDE FOOD, TRANSPORT OR LOGISTICS SERVICES, NOR DOES IT OPERATE AS A FOOD MANUFACTURER OR CARRIER. ALL THESE FOOD PREPARATION, TRANSPORT OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS, TRADERS, WHO ARE NOT THE EMPLOYEES/AGENTS OF EXPRESSOFT.

2. Purpose of the Website

The website is a platform that allows users who are natural and/or artificial persons creating an account (referred to as “User(s)”), to order from anywhere, including from the table in the Trader’s location, in compliance with the Terms and Conditions, food and beverages and/or services from one or more Traders listed on LOKOFOOD.

3. Login

The Website can be used for placing orders only by Users who have signed up to the Website with an active account. Your account will be active upon your confirmation to LOKOFOOD of the message that LOKOFOOD sends you at the e-mail address indicated by you, that the data entered on LOKOFOOD is correct and has been entered by you.

Thus, in order to sign up to the Website and hold an active account, you need to meet the following cumulative requirements:

  • be 18 years old;
  • fill in with the correct data the mandatory fields provided in the registration form, where personal data are requested, such as name, surname, username, telephone number, e-mail address, delivery address, bank card data, etc., and consequently create a User account and an access password;
  • accept the LOKOFOOD Terms and Conditions, which include the Privacy Policy and the Cookies Policy.

Without prejudice to other provisions, the User accepts and understands that by accessing LOKOFOOD and voluntarily creating an account, the User expressly and unambiguously assumes and accepts these Terms and Conditions, which include the Privacy Policy and the Cookies Policy.

The User guarantees that all identity and capacity information provided to the Company in the Website registration forms is true, accurate, and complete.

When signing up to the Website, Users must choose their username and password. Both the username and the password are strictly confidential, personal, and non-transferable. The User undertakes not to disclose the details of his or her personal account or to give access to third parties thereto. Users will be the only ones responsible for any use of these details or of LOKOFOOD which may be made by third parties. To increase account security, the Company recommends Users not to use the same login data as they use for other websites, platforms.

After creating an account, the User is required to update his or her personal data when changes occur, if necessary. All Users can access their profile to complete or edit it as they deem appropriate. The Company does not save the User’s payment data to be processed and stored by the payment service provider as described herein. Access to the Website via the account created will be based on the e-mail address provided and the password set by you when signing up.

The Company cannot guarantee the identity of registered Users and therefore cannot be held liable for any use of the User’s identity by any third party. You are obliged to notify the Company immediately of any loss, deletion and/or disclosure of your Username or password, or any theft and/or fraudulent use, if there is evidence in this respect, by a third party, of the credit card associated to your account at e-mail address: contact@lokofood.com, the Company being otherwise relieved of any liability in this respect.

If the User provides false, inaccurate, or incomplete information and, if the Company considers that there are sufficient grounds for doubt as to its authenticity, accuracy and completeness, the Company may refuse present or future access to the Website or use of the Website or any part of its content and/or services.

4. Order

The User can place the order from the Trader’s location using the LOKO module of the LOKOFOOD application.

The User can also order from anywhere (home, office, etc.) using the DELIVERY and/or PICK-UP modules of the LOKOFOOD application. The Minimum Order and the Delivery Fee are determined by each individual Trader, this information being available in the section dedicated to each Trader on LOKOFOOD.

The Maximum Delivery Time of an order under normal weather conditions is determined by each individual Trader, the information being available in the section dedicated to each Trader on LOKOFOOD. The Delivery Time may change in periods of unfavorable weather conditions,

The LOKOFOOD working hours shall be 9.00 a.m. - 23.00 p.m. The orders can be placed on LOKOFOOD depending on the working hours of each individual Trader, available in the Trader’s section on LOKOFOOD.

4.1 Placing the Order

The Company publishes the Traders’ products and/or services on the Website, according to the information provided by the Traders. The Company shall not accept any liability or obligation for updating the product information or their availability on the Website, this being entirely the Traders’ responsibility.

The products purchased from the Website are intended for one’s own consumption only, the User guaranteeing that the goods purchased are not for resale and acting as a buyer, on his/her own behalf and not as an intermediary for another party upon receipt of the products/services.

Please note that the Trader may use ingredients and additives in the kinds of food and beverages which might cause allergies and intolerances. If a User is allergic to any ingredients, he/she must check the information on the content of the products made available by the Trader, in its section on LOKOFOOD. The User can also notify the Trader via the order form, the Additional Details section, if he/she is allergic to any ingredient, whether mentioned on the Website or not, in the list of ingredients for the products ordered. The Company shall not be liable in any way for the Trader’s failure to comply with the User’s requirements or for any damage caused to the User by such failure to comply with the requirements/comments.

At the same time, if the User wishes to know the composition and nutritional information of the products available on LOKOFOOD, he/she must check the information on the content of the products made available by the Trader in its section on LOKOFOOD. To place an order on LOKOFOOD, you must access the user account by entering the username and password you have choose when creating your account.

The Company will take all reasonable steps to protect as far as possible the information concerning your orders and the security of payments, but except for serious negligence, the Company shall not be liable for any loss that you may suffer if a third party acquires unauthorized access to the data you provide when accessing or placing an order on the Website.

By placing the Order, you confirm that all data provided which is necessary to process the order is accurate, complete, and true at the time of placing the Order and you agree that the Trader, the Company or a third party providing the delivery of the order contacts you by telephone in any situation where you need to be contacted to carry out / deliver the order.

You are responsible for providing the correct addresses for delivery on the Website and therefore relieve the Company and the Trader of any liability for negligence or error in delivering the order to incorrect addresses provided by you for delivering the order. As a result, you will bear the cost of providing an incorrect address for delivery, if applicable, i.e., the cost of that particular order.

However, if a detail of the order is incorrect, the order cannot be modified, but canceled until it enters preparation by the Trader and the Cancel Order button is still valid. Once the order is canceled, you can place it again using the correct information/details.

Any order you place is subject to the availability of the products, the ability of the Trader to deliver and the Trader’s acceptance of the order. If the products ordered and the capacity for delivery, as applicable, are available and the Trader accepts the order, the order will be confirmed to you by changing the status in the order details in the application.

The confirmation message will specify the delivery details, including the approximate delivery time specified by the Trader. If the Trader does not confirm that the order is taken, you will receive a notification in this respect.

Users placing an order including the purchase and/or delivery of alcoholic beverages through the Website must be of legal age, i.e., 18 years or older. When placing an Order that includes alcoholic drinks, the User confirms that he/she is at least 18 years old. The Company reserves the right to request evidence of the legal age and to refuse the order for the purchase and/or delivery of alcohol to any person who cannot prove that he/she is at least 18 years old.

Also, if the sale of products and/or the sale of alcoholic drinks is restricted during a certain time period, in a given area it is the User’s responsibility to place Orders only at the times/areas allowed by the applicable law. The Company reserves the right to refuse the order placed outside the permitted times/areas.

Use by Children. The Website is not intended for minors. The Company reserves the right to refuse minors’ orders. In addition, the Company reserves the right to refuse orders from any location near a primary or secondary school and to request proof of the User’s age.

4.2 Returning and Cancelling an Order

You are entitled to receive compliant Products, which correspond to their description, of satisfactory quality and which comply with the specific requirements stated by you and accepted by Traders, prior to placing your order.

When receiving the goods, you must ensure that the Products delivered/picked up meet your expectations qualitatively and quantitatively.

If you believe that the Products delivered to you or picked up by do not comply with these rights, please let us know at email address contact@lokofood.com. If the problem you have reported can be looked at by inspecting the items, please provide us with images/videos where this issue can be identified. Insofar as the problem reported by you has not arisen after receiving the Products, we will return your costs or provide you with an account credit/voucher for the affected part of the Products, or the order costs if has been entirely affected. We reserve the right to analyze the source of the problems reported by you and to determine whether we have reasonable grounds to believe that the problem reported has occurred after the pick-up/delivery.

Before returning the costs of your Products/Order or the account credit/voucher, we may consider relevant factors, including order details, including account history, what has happened at delivery and information from the Trader.

If you have allergies, you are responsible for checking the description of the Products before placing an order, and if you feel you need any additional information, please contact us at contact@lokofood.com. Also, after the product has been picked up/delivered, please check the packaging of our Products to ensure that a Product does not contain an allergen relevant to you.

In accordance with the provisions of Article 16 of Emergency Ordinance No 34/2014 on consumer rights in contracts concluded with professionals, and amending and supplementing certain normative acts, as further amended and supplemented (“OG No 34/2014”), the following shall be exempted from the applicable right of withdrawal in respect of distance and off-premises contracts:

  • the supply of products which are likely to deteriorate or expire rapidly;
  • the supply of sealed products which cannot be returned for health or hygiene reasons and which have been unsealed by the consumer;

Thus, the food and beverages ordered are excluded from the category of products that can be returned. However, if you notice something wrong with your order, please contact us at contact@lokofood.com.

Please attach any supporting documents such as pictures/video and others to your complaint.

The User cannot refuse to pay the price of the order unless he/she has made a complaint and received a reply from the Trader and/or LOKOFOOD which is favorable to the User, until the time of delivery.

If the User wishes to make a complaint with respect to a Trader’s product/service, the responsible party is always the Trader from whom the purchase has been made.

Complaints. We take complaints very seriously and aim to answer them within 2 working days. All complaints should be sent to the e-mail address contact@lokofood.com.

Cancelling the Order:

In principle, it is not accepted to cancel an order after it has entered preparation at the Trader and the Cancel Order button becomes unavailable on the Website, as food is deemed as perishable products that enter preparation immediately upon placing an order. The delivery services, if ordered, are also activated immediately upon placing an order.

If you still want to cancel an order, you can do it by going to the Order History section of your LOKOFOOD account. Cancellation will be possible if your request is made until it enters preparation at the Trader and the Cancel Order button becomes unavailable on the Website.

The trader or LOKOFOOD may cancel an order if the Product is not available for any reason imputable to us if the order has already been confirmed. In this case, we will send you a notice, if applicable, and we will return any payments made by you, which is the only remedy that you will be granted in such a case.

LOKOFOOD may cancel your order without any prior notice and without any further obligation of either party to the other or without any party being able to claim damages from the other in the following cases:

  • Failure by the issuing bank to accept the card used by you, the transaction, in the case of online payments;
  • Invalidation of the transaction by the card processor agreed by LOKOFOOD, in the case of online payments;
  • The data provided by you on LOKOFOOD is incomplete and/or incorrect. In addition, LOKOFOOD reserves the right to cancel an order without being required to give any reason whatsoever.

In the event of a cancellation by LOKOD of an Order, you are exclusively entitled to a refund of the amount paid. We will return or re-credit your debit with the total amount within up to 14 business days, including the initial delivery fee paid for the delivery of the products, if applicable.

Should age limit criteria be required for selling the Products ordered, at the time the order is delivered or picked up, we reserve the right to request proof of satisfying the age conditions for the Products in question. If you cannot provide us with proof that the age conditions are satisfied, we reserve the right to refuse the delivery/sale of those Products. In such a case you will still be charged for the Product concerned and for the delivery.

5. Contract

By placing an order on LOKOFOOD, the User establishes two contractual relationships:

  • for the products of the Traders listed on LOKOFOOD and the delivery services associated with these products, a contract is concluded between you and the Trader;
  • for the provision of the LOKOFOOD services, consisting in the facilitation of the conclusion of the abovementioned contract a) in relation to that order and under the conditions of this document, a contract is concluded between you and LOKOFOOD.

Please be aware that providing the correct and complete delivery details at the time of your order is your responsibility, LOKOFOOD disclaiming any liability for incidents or damages that may result from failure to enter a correct delivery address. The User guarantees that the details of the delivery address entered are correct and complete at the time of the order. There must also be a guarantee of the sufficient funds available to make the payment.

5.1 Price and Payment

Signing up on and using LOKOFOOD is entirely free of charge for Users.

All prices listed on LOKOFOOD, including the prices for products and the delivery fee, are applicable at the time of publication and reflect the Trader’s price and delivery fees. These prices reflect the prices submitted by the Trader, and they are obliged to offer Users the products at the prices submitted for publication on the Website. According to the information received from the Trader, LOKOFOOD reserves the right to change the prices of the listed products. All prices are in RON, VAT included, unless otherwise indicated.

We reserve the right to withdraw and/or modify the products and services available on LOKOFOOD, including the content of any information sheet, and to stop listing Traders, products, and services, without incurring any liability in this respect.

In case of a refusal by the Trader caused by the price of the products on LOKOFOOD, the Order will be canceled, and the Company will return the money, which is the only remedy in this case.

The delivery fees may vary according to Trader, city, proximity of the User to the Trader, etc. the delivery of the products being ensured by Traders. The delivery charges may be increased if the User provides further information that modifies the original order, e.g., changing the delivery address or adding an additional address(s), etc., if this change to the order is accepted by the Trader.

The total price of the Order, including the fees for delivery services and other charges, will be displayed to you, and can be checked on LOKOFOOD prior to placing the order. Full payment must be made for all Products and services ordered.

Payment can be made in cash, on delivery or via credit card, online on the Website/payment processor. When placing the order, the User will be informed with respect to the various payment options available for the Trader selected. Payment can only be made in the method selected when placing the order.

If you choose the online payment, it will have to be made before the order is delivered. In order to ensure a secure online shopping system, your debit/credit card details will be encrypted to prevent the possibility of being intercepted by third parties. Also, your card issuing bank may run security checks and may ask you to confirm that you have placed the order. The payment processor contracted by Expressoft does not perform currency exchange.

In order to pay by a bank card, the User must provide the details of the card o LOKOFOOD as the payment method associated with his/her account. LOKOFOOD does not store card numbers on its servers and can view only the last four digits of your card. The complete information will be stored on the servers of the provider of payment services who makes the payments on behalf of LOKOFOOD.

Online payments are processed by the payment processor and the order will be recorded in the LOKOFOOD system and only transmitted to the Trader after receiving payment confirmation from the processor. The processor is fully responsible for data security once its payment platform is accessed, and the Company shall not be liable for any damage caused to the User as a result of using the Netopia online payment platform.

In the case of cash payments, the User must pay the price of the order at the time of delivery, including by self-pick-up. The User cannot refuse to pay the price of the order, unless he/she has made a complaint and received an answer from the Trader and/or LOKOFOOD which is favorable to the User, until the time of delivery.

If the User uses the LOKO order module at the Trader’s location, he/she can opt for online payment directly in the LOKOFOOD application, cash, or card directly at the Trader.

Promotional codes and/or other offers or discounts offered by Traders through LOKOFOOD must be correctly entered on LOKOFOOD prior to placing the order. Otherwise, they will not be valid and

the User will not be able to take full advantage of the benefits. The promotional codes cannot be cumulated on LOKOFOOD. The User can only use 1 (one) promotional code per order. Promotional codes are subject to the conditions of the promotion regulation of that Trader.

LOKOFOOD reserves the right to cancel the promotional codes and/or other offers or discounts offered if becoming aware of a fraudulent use thereof (such as, among others, redemption of a promotional code when the person redeeming is not the rightful recipient, mass communication of codes or selling of codes and discounts).

LOKOFOOD shall not be liable if, because of force majeure or other events beyond its control or the need of which is justified, is obliged to cancel, shorten, extend, or modify the conditions for Traders’ promotions. In particular, LOKOFOOD shall not be liable if the Website is not available at any time during the promotions or for a failure of the automated promotion system.

5.2 Delivering/Picking up the Order

Depending on the Trader chosen for the order placed and your choice when placing the order, it may be picked up personally by you from the Trader’s location, by self-pick-up, or delivered by the Trader, by its own delivery or through third party partners of the Trader, at the address you indicated when placing the order.

Traders are in charge of preparing the order, delivering your order to the place requested, in the confirmed time and informing you if the estimated delivery time is likely to be exceeded. The Trader bears full responsibility for the delivery of the order in a timely manner. For any doubts, complaints, or suggestions, you can contact us at contact@lokofood.com.

The time of delivery of the Order provided by the Trader is approximate and may vary depending on several factors (e.g., availability of deliverers, weather conditions, traffic conditions, etc.). The Order will be delivered to the address you indicated when placing the Order.

By accepting the Terms and Conditions and by placing the Order you expressly accept that LOKOFOOD and the Traders will not be liable for any loss, liability, cost, damage, or expense arising from late delivery, except as expressly provided herein.

Please note that Traders may not be able to deliver to any location. Thus, at the time of delivery of the goods, you must ensure that the deliverer has access to the house/building, and answer the telephone number mentioned when placing order, for the cases where the deliverer fails to find the exact address or gain access to the building.

If the deliverer fails to deliver the order due to the User’s improper instructions or the User’s failure to answer the deliverer’s phone calls, such orders will be deemed as delivered to you and, implicitly, all risks and liability in connection therewith will fall upon you, and you will be charged the full price of the order.

The Company reserves the right to refuse an order if the street is not in the list of streets available on the Website, on the order form.

By accepting the Terms and Conditions, which include the Privacy Policy, you authorize us to use, store or process personal information in order to facilitate the Trader’s order delivery services. Therefore, certain personal data may be disclosed to third parties where required by law or for the purpose of securing the delivery of the order. More information can be found in our Privacy Policy.

On receiving the products and services ordered, the User must ensure that they correspond qualitatively and quantitatively to his/her order. The User declares that a third party can confirm the products and services on his/her behalf, for example if the User is not at the final delivery address or has designated a third party to collect and sign the order/delivery.

6. Links to Third Party Websites

This Website may contain links to other websites owned or operated by Traders or parties other than LOKOFOOD. We do not have any connection to or make any representations with respect to the quality of the products and services provided by such third parties. We assume no responsibility for the content of the Traders’ and third parties’ Websites or the services or goods they provide you.

Using such links is your choice. When you choose to access a third-party website, you should review the terms and conditions for using that website beforehand.

LOKOFOOD assumes no responsibility and shall not be liable for any damage or viruses that might infect your computer or device (tablet, mobile phone, smartwatch, etc.) or other property following access, use, or download of any material, information, text, video pictures or audio from these third-party websites.

7. Limitation of Liability

We take all appropriate measures to ensure that the information available on LOKOFOOD is correct and without errors. We apologize for any errors or omissions that might occur.

We cannot guarantee that the use of LOKOFOOD will be without errors or suitable for a specific purpose in a given due time, that defects will be corrected or that servers are without viruses, all these being risks inherent to the information technology industry. For the same purpose, the Company does not guarantee the continued and/or complete availability and functionality of LOKOFOOD and we do not offer any warranty, whether express or implied, as to the accuracy of the Website or the fulfillment of the purpose.

Thus, the Company assumes no liability for any damage, including damage caused by viruses that could infect your computer, device (tablet, mobile phone, smartwatch, etc.) or other property, as a result of accessing or using LOKOFOOD, or because of a browser malfunction, use of non-updated versions. We do not undertake any liability for possible delays, errors, omissions, or loss of information transmitted, viruses or other destructive programs transmitted to the personal computer via our website.

The Company shall be released from liability in respect of any damage resulting from the use of information from third parties, including Traders, or for any damage or inconvenience that might result from the consumption and use of the products and services ordered, including ancillary products such as cutlery, napkins or other similar products accompanying the order. We shall not be liable for any indirect loss, loss of data, loss of income or profit, material damage or loss of third parties arising from the use of LOKOFOOD or from the purchase of any product or service offered by Traders via LOKOFOOD.

The User knows and accepts that the descriptions and, where applicable, the prices or photographs of the products and/or services available on LOKOFOOD are provided on the basis of the information and documents provided by Traders and that the Company is thus unable to provide any guarantees against any possible inaccuracies in such descriptions, prices and/or photographs.

The Company undertakes no liability for the quality of the food delivered, its compliance with the ingredients mentioned on the Website or in the restaurant menu. The Company undertakes no liability as to whether the weight of the food delivered complies with that indicated on the Website or the restaurant menu. The Trader is responsible for honoring the orders received from Users, for the conformity of the services and products supplied, for storing food and ingredients under legal conditions for as long as they are in preparation / delivery. The Trader shall be liable for resolving any claims or problems notified by Users in relation to the quality of the products and services or any other matter relating to the preparation and packing of the products.

LOKOFOOD’s liability in relation to the products and services of the Traders on the platform is limited to the obligations imposed by the applicable legal regulations.

The Company has taken all reasonable steps to prevent Internet / IT fraud and to make sure that all data collected from you are stored as safely as possible. However, we cannot be held accountable in the case of an extreme abuse of our secure or third-party servers.

LOKOFOOD may subcontract any part or parts of the services and goods we offer without your consent and without any obligation to notify you.

Users are responsible for owning the services and equipment required to browse the Internet and access the Website. Users can report any incidents or problems with accessing the Website using the contact channels made available to Users, and the Company will analyze the incident and inform the User on how to resolve the incident as soon as possible.

The Company reserves the right to restrict all or part of the access of certain Users to the Website and to cancel, suspend, block, or remove certain types of content using appropriate technological tools, if becoming aware that the activity or information stored is illegal or may harm the rights or property of a third party. In this respect, the Company may implement any filters that might be necessary to prevent the use of the service for the purpose of loading illegal or harmful content on the Internet by making the content available via LOKOFOOD, Users assign the Company all the exploitation rights arising from the content thus provided.

When an order is placed on the Website and accepted by the Trader, a direct relationship is established between User and Trader. The Company is not a party to this commercial relationship, but merely provides the Website to allow Traders and Users to communicate and place any orders that are needed.

8. Use of the LOKOFOOD Website

You may use Lokofood in accordance with these Terms and Conditions, and you may print and/or download information from this website for personal use, but not for commercial purposes.

You do not have permission to and you have an obligation to refrain from doing the following, without the listing being exhaustive:

  • establish a link between the Website or any other Website, or to include any part of the Website without our prior consent;
  • carry out hacking actions, to use the Website to transmit corrupt computer viruses or any other software programs that might damage or alter the content or systems of LOKOFOOD or of third parties; or to use the Website for illegal purposes;
  • alter or modify the Website, in whole or in part, by bypass, disabling or otherwise modify its functions or services;
  • breach industrial and intellectual property rights or rules on the protection of personal data;
  • use the Website to insult, denigrate, intimidate, or harass other Users or attack their image;
  • access the accounts of other Users;
  • send mass and/or recurring e-mail messages to more people, or send the e-mail addresses of third parties without their consent;
  • advertise goods or services without the prior consent of the Company.
  • use for dishonest purposes or modify the content you are copying from this website or use it without publishing the copyright and other intellectual property warnings we use in connection with this content, in the same way and in the same form presented on the website.

If you violate these Terms and Conditions or use the Website improperly or in bad faith, we may suspend or block your access to the Website.

Access to the Website may also be suspended or blocked in situations where you use inappropriate, intimidating, hostile, degrading or offensive language or behavior.

It is forbidden that the same person registers as a User several times on LOKOFOOD in order to obtain undue, unlawful, or immoral benefits or contradictory to the Terms and Conditions.

Users can cancel their registration on the Website by sending an email to contact@lokofood.com or in the relevant section of the User account.

The Company cannot be considered to have editorial responsibility and expressly states that it does not identify with any of the opinions that may be issued by LOKOFOOD Users, the consequences of which will be the sole responsibility of the issuers.

9. Personal Data Processing

Please refer to the Privacy Policy regarding the processing of personal data, which is part of these Terms and Conditions.

The Company will collect, through the Website, relevant data on the User and his/her order, i.e., telephone number or other User identification data and the type of product ordered. The Company, through LOKOFOOD, will transmit the User’s order data to the Traders. Also, the Trader's delivery service supplier, if you have purchased a delivery service, and the payment processor, if you have opted for online payment, will process your personal data.

In particular, we inform you that the Company may collect Geolocation data, i.e., may collect, use, and share accurate location data, including the real-time geographic location of the User’s computer or mobile device, provided that authorization is given by the User, for the purpose of placing or carrying out an order. To this end, Users expressly agree that their geolocation data shall be shared with other Traders and suppliers. Users can choose to disable the Geolocation service from their devices.

10. Use of Cookies

Please go through the Cookies Policy, which is part of these Terms and Conditions.

LOKOFOOD uses Google advertising (AdWords) and traffic analysis (Analytics) services. The traffic data collected via cookies files is of a statistical nature only (used to analyze traffic on the Website) and does not contain personal data such as email, names, or telephone numbers.

In particular, regarding Google Analytics, we inform you that this Website uses Google Analytics, a “web analytics service” provided by Google, Inc. (“Google”). Google Analytics uses “cookies” files; these are text documents placed on your computer that help the Website to analyze how it is used by Users. The information generated by cookies about your use of the Website (including your IP address) will be transmitted and stored by Google on servers in the United States. Google will use this information to assess your use of the Website, to compile its activity reports for web operators and to provide other services related to the activity and use of the Internet.

Google may also transfer this information to third parties when required by law or when such third parties process the information as a representative of Google. It will not associate your IP address with any other information owned by Google. You may refuse to use cookies by enabling the appropriate settings on your browser, but we advise you that if you do so you may no longer be able to use this Website at full capacity. By using this Website, you agree that Google will process information about you for the purposes mentioned above, in accordance with Google’s privacy policy.

Cookies Policy - last updated: MARCH 2021

10.1 INTRODUCTION

The Cookies Policy applies to all Users of https://www.lokofood.com . The following information is intended to inform the Users of this Website about the placement, use and administration of cookies by SC EXPRESSOFT TECHNOLOGY SRL in the context of users’ browsing on this Website.

10.2 WHAT ARE COOKIES?

We use the term “cookies” to refer to cookies and similar technologies through which information can be collected automatically.
An “Internet Cookie” (also known as “cookie browser” or “HTTP cookie”, or “cookie”) is a small file consisting of letters and numbers which will be stored on a user’s computer, mobile terminal or other device used for accessing the Internet.
The cookies are installed by requesting a web-server to a browser (e.g.: Internet Explorer, Firefox, Chrome). Once installed, the cookies have a fixed life duration, remaining “passive” in the sense that they do not contain software, viruses, or spyware, and will not access the information on the user’s hard drive on which the device is installed.
A cookie consists of two parts:

  • the name of the cookie
  • the content or value of the cookie.

Technically, only the web-server that has sent the cookie can access it again when a user returns to the website associated with that web-server.

10.3 PURPOSES FOR USING COOKIES ON THIS INTERNET PAGE

Cookies are used to provide users of this internet page with a better browsing experience and services tailored to the needs and interests of individual users, namely for:

  • improving the use of this internet page, including by identifying any errors occurring while users are visiting/using it;
  • providing anonymous statistics on how this internet page is used to SC EXPRESSOFT SRL, as owner of this internet page;
  • anticipating possible future goods to be made available to users via this internet page, depending on the services/products accessed.

Based on the feedback sent via cookies on how this internet page is being used, SC EXPRESSOFT TECHNOLOGY SRL can take measures to make this internet page more efficient and user-friendly.

Thus, using cookies allows for retaining certain settings/preferences set by users of this internet page, such as:

  • the language used for viewing an internet page;
  • the currency used for giving certain prices or fees;
  • facilitating access to users’ account;
  • posting comments on the website.

10.4 WHAT IS THE LIFETIME OF COOKIES?

Cookie lifetime may vary significantly depending on the purpose for which they are placed. There are the following categories of cookies that also determine their lifetime:

  • Session Cookies – A “session cookie” is a cookie that is automatically deleted when the user closes his/her browser.
  • Persistent or fixed cookies – A “persistent cookie” or “fixed cookie” is a cookie that remains stored in the user’s terminal until it reaches a specific expiry date (which may be minutes, days, or years in the future) or until the user deletes it at any time using the browser settings.

10.5 WHAT ARE THIRD-PARTY COOKIES?

Certain sections of content on the internet page may be provided through third parties, i.e., not by SC EXPRESSOFT TECHNOLOGY SRL, in which case these cookies are called “third party cookies”.
Third party cookie providers must also comply with data protection rules and the Privacy Policy.
These cookies may originate from the following third parties: Google, Google Analytics, Facebook.

10.6 WHICH COOKIES ARE USED VIA THIS INTERNET PAGE?

By using/visiting the internet page, the following cookies can be placed:

  • Internet page performance cookies;
  • User analytics cookies;
  • Geotargetting cookies;
  • Registration cookies;
  • Advertising cookies;
  • Cookies of advertising providers;
  • Performance Cookies

This type of cookies is used to save the preferences of this internet page user, so that setting preferences again in the event of a further visit on the internet page is no longer necessary.

User Analytics Cookies

These cookies inform us if a specific user of the internet page has previously visited/used this internet page. These cookies are used for statistical purposes only.

Geotargetting Cookies

These cookies are used by a software that determines the internet page user’s country of origin. The same advertisements will be received regardless of the language selected.

Registration Cookies

When you sign up on this website, cookies are generated that store this step. Servers use these cookies to show us the account you have signed up with. The use of these cookies also allows us to associate any comments posted on the internet page with the username of the account used. If “keep me signed in” has not been selected, these cookies will automatically be deleted when the navigation session has ended.

Advertising Cookies

These cookies allow for knowing whether a user has viewed an online advertisement, what type and how long it has passed since that advertising message was viewed. Therefore, such cookies are used to target online advertising. These cookies are anonymous, storing information about the account being viewed, and not about users.

10.7 WHAT TYPE OF INFORMATION IS STORED AND ACCESSED THROUGH COOKIES?

Cookies store information in a small text file that allows browser recognition. This internet page recognizes your browser until cookies expire or are deleted.

10.8 CUSTOMIZING YOUR COOKIE BROWSER SETTINGS

If the use of cookies is not disturbing and you are the only one using the computer or technical equipment to browse this internet page, long timeout intervals can be set for storing your browsing history.
If the computer or technical equipment used to browse this internet page is used by more than one person, the setting to delete individual browsing data may be considered each time the browser is closed.

10.9 HOW CAN COOKIES BE STOPPED?

Disabling and refusing to receive cookies may make this internet page difficult to visit, thus entailing limitations in using it.
Users can configure their browser to reject cookies or to accept cookies from a specific internet page.
All modern browsers offer the possibility to change cookie settings. These settings can be accessed as a rule in the “Options” section or in your browser’s preferences” menu.
However, refusing or disabling cookies does not mean that you will no longer receive online advertising – but merely that it will not be tailored to your preferences and interests, as shown by the browsing behavior.

To understand these settings, the following links can be useful:

For any further questions on how cookies are used via this internet page and for any requests concerning the protection of your personal data, please contact: dpo@expressoft.eu.

11. Revisions of the Terms and Conditions of Use. LOKOFOOD Updates and Amendments

EXPRESSOFT may, at any time and without prior notice, make amendments to these Terms and Conditions. You are bound to get informed about the updated version of the Terms and Conditions prior to placing an Order, and EXPRESSOFT will ask you upon your first interaction with LOKOFOOD, further to any amendment, to accept the new Terms and Conditions amended.

The User of the Website must read the Terms and Conditions carefully and comply with any and all of these revisions, which is why you will need to visit this page of our website before placing an order to become aware of the current version of the Terms and Conditions.

The Company also reserves the right to update, modify or delete the information contained on LOKOFOOD at any time and without prior notice regarding its appearance, presentation, and conditions of access, without accepting any liability in this respect.

SC EXPRESSOFT TECHNOLOGY SRL reserves the right to refuse collaboration with customers showing inappropriate behavior and language (aggressive, licentious, etc.) or incurring debits in the history of their collaboration.

12. Intellectual Property

The Company is the owner or license holder of all intellectual and industrial rights included on the Website and of the content that can be accessed through it. The intellectual property rights of the Website and any text, image, graphic design, browsing structure, information and content included therein are the property of the Company, which has the exclusive right to exercise the rights to exploit them in this way, in particular the rights of reproduction, distribution, publication and transformation, in accordance with the Romanian legislation on intellectual and industrial property rights.

Authorizing a User to access the Website does not involve a complete or partial waiver, transfer, licensing, or assignment by the Company of any intellectual or industrial property rights. Any deletion, derivation, or modification whatsoever of the Website content are entirely prohibited. In addition, any modification, copying, re-use, exploitation, reproduction, publication, secondary or subsequent publication, file updating, mail sending, transmission, use, processing, or distribution in any way of all or part of the content, including the LOKOFOOD Website for public or commercial purposes are also forbidden, unless expressly authorized by the Company in writing or, as applicable, by the owner of such rights.

The User shall be the sole owner of the content he/she enters on the Website. Therefore, by signing up on the Website and accepting these Terms and Conditions, the User grants the Company, in relation to the content that he/she might provide, a worldwide irrevocable and transferable license, free of charge, with the right to sublicense, use, copy, modify, create derivative works, distribute, publish, and exploit in any manner deemed appropriate by the Company with or without any communication to the User and without having to pay any amount for such use. The User also is also entirely liable for this content and the lawfulness of owning and using it.

13. Final Provisions

Complaints. We take complaints very seriously and aim to respond within 3 working days. All complaints should be sent to the email address contact@lokofood.com.

Severability. If any term or condition contained herein is considered invalid, unlawful, or inapplicable by law, the parties agree that such provisions be removed, and the Terms and Conditions shall remain in effect without them.

No waivers. No delay on the part of Expressoft to ensure the observance of Expressoft rights or remedies under the Terms and Conditions shall constitute a waiver on our part of these rights or remedies unless such waiver is confirmed in writing.

Communication. You can contact us by email at: contact@lokofood.com. All relations, correspondence and contacts between the parties must be made in Romanian.

14. Applicable Law and Jurisdiction

These Terms and Conditions, i.e., the entire relationship and agreement between the parties, shall be governed and construed in accordance with the Romanian laws. Both parties are subject to the exclusive jurisdiction of the Romanian courts, and they shall decide on any and all disputes arising from or in connection with the Terms and Conditions and/or the Website or in the case of disputes where these Terms and Conditions and/or this Website are/is considered relevant facts to such disputes.

SC EXPRESSOFT TECHNOLOGY SRL does not process categories of data of special nature.

SC EXPRESSOFT TECHNOLOGY SRL does not transfer data abroad or to third parties.

According to Law No 679/2016 (GDPR), the user benefits from the right of access, the right to be forgotten, the right to port information and personal data, the right to intervene on the data, the right to not be subject to an individual decision and the right to refer to the court of law. The user also has the right to oppose the processing of his/her personal data and may request the deletion of data. To exercise these rights, the user can send a written, dated, and signed request to dpo@expressoft.eu. Likewise, if some of the users’ data are incorrect, we kindly ask you to notify us, so that we can make the necessary corrections.

The processing of personal data is not related to other recording systems.

SC EXPRESSOFT TECHNOLOGY SRL, a legal person registered with the Trade Register (no. J40/1167/1991, CUI RO1581947) is a direct operator. The purpose for processing personal data is to provide products and services via the platform and the parallel purposes of this activity are: returning products, processing the information needed for delivery, improving the user experience by retaining certain settings or preferences, after obtaining their consent, price changes, characteristics of the products/services, stock changes, promotions, invoicing, etc.

SC EXPRESSOFT TECHNOLOGY SRL guarantees the security and confidentiality of the data hosted and transmitted through its computer system. This information can be used by SC EXPRESSOFT TECHNOLOGY SRL to send the user confirmation of orders, various special offers, promotions, etc., only based on the consent of the data subject.

The provision of personal data to SC EXPRESSOFT TECHNOLOGY SRL does not imply any obligation on the part of the users, and they may refuse to provide these data in any circumstances and request their deletion from the database free of charge.

SC EXPRESSOFT TECHNOLOGY SRL, owner of the online platform, does not interfere directly or indirectly with databases where information about customers is stored.

To make invoicing, shipping and delivery of the orders placed possible, the user must agree that SC EXPRESSOFT TECHNOLOGY SRL will collect and process the data registered, as required by Law No 679/2016 (GDPR).

According to the requirements of Law No 679/2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the protection of private life in the electronic communications sector, SC EXPRESSOFT TECHNOLOGY SRL is bound to manage the personal data provided safely and only for the specified purposes.

In this respect, SC EXPRESSOFT TECHNOLOGY SRL has developed a number of technical and organizational measures to prevent any risks that may arise in the processing of personal data.

The processing of personal data within the organization is subject to a number of technical and organizational measures to secure them.

These measures are intended to protect information at the level of the organization against security incidents.

The following security measures have been taken at the level of the organization to reduce risks:

  • Regularly checking the platform’s vulnerabilities which might allow for the retrieval of information and personal data. Hosting has security measures and solutions that recurrently scans the processed files and the flow of data circulating inside the platform;
  • Fighting the risks of security breaches by taking technical and organizational precautions by securing the platform and constantly upgrading it with stable versions.
  • Performing automatic back-up – set to a particular timeframe to guarantee information and for all customers to be confident that the information and preferences provided by them do not disappear and are not destroyed, lost, or incorrect in the event of a server failure.
  • Implementing anti-spam and antivirus filters that prevent malicious content or viruses from infiltrating which can process the data in an unauthorized manner or transmit them to other entities or persons who have not obtained the data subject’s consent.
  • Protecting the customer profile content by introducing a more complex password generation rule. Asking the customer, on creating the account, to provide a password meeting a higher complexity criterion (alphanumeric + special characters);
  • Securing modules and scripts that communicate inside the platform. Constantly checking the functionality of the elements involved in customer-server, server-customer interaction.
  • Checking and improving modules to keep them up-to-date to prevent vulnerabilities. This measure prevents the identification of vulnerabilities at global level in the platforms used, 0-day vulnerabilities that may intercept data exchange and implicitly personal data in customer’s interactions with the platform or of the process manager with the customer and the platform.
  • Classifying the types of access by the process manager – administration groups, the possibility to add or delete certain rights on a user with full access – customizing access as needed.
  • Implementing the firewall – software and hardware installed in the server location of the company that provides online platform hosting, designed to protect the server and network equipment from cyber-attacks, unauthorized intrusion, installation of malicious software that may endanger platform users’ personal data. The firewall blocks the access of unauthorized persons to the information stored on Internet connected equipment.
  • Removing the human factor risk by prohibiting the processing of information outside the secured platform, except for the drawing up shipping notes in the courier’s platform, which is also a secure environment;
  • Adopting security measures without differentiating between types of customers (new/existing/potential);
  • Avoiding customer differentiation by means of mechanisms that can positively or negatively profile a data subject. For this reason, we do not require any personal data related to sexual orientation, sexual interests, gender, religion, membership to movements or groups, etc. Customers are free to order and choose what they desire. With this measure, we believe that we respect the integrity of the person and avoid any track of analysis/profiling based on such criteria.
  • Updating the Privacy Policy and the Terms and Conditions pertaining to EXPRESSOFT TECHNOLOGY SRL.
  • Training the process manager on the risks of processing personal data outside the online platform.
  • Training the process manager on the need for notification in case of a major security incident.
  • The process manager shall be regularly trained on:
  • The principles of data protection, including technical and organizational measures;
  • The requirement to keep data secrecy and confidentiality with regard to the organization’s secrets and business secrecy, including the transactions carried out;
  • Proper, careful use of data, data media and other documents;
  • Telecommunications secrecy;
  • Other specific confidentiality obligations, where necessary;

Details of the DPO – Data Protection Officer – dpo@expressoft.eu.

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