Localoca – Terms of Use

Welcome to Localoca!

We at Localoca appreciate and value every customer and will here be setting out the conditions for our cooperation, so that we together can function smoothly and fairly. The most important thing about our relationship, between you and Localoca Ab, is to remember that we only sell and market events published by merchants, such as event organizers. Any questions or claims you have relating to the events shall be addressed to these merchants. The same applies if you want to cancel your purchase or claim compensation. So it’s good to remember that, as a buyer, you should always be in direct contact with the seller. Localoca then helps with the delivery of the ticket and manages the payment through payment service providers.

Take the time to read the terms and conditions, so that you understand your rights better and get a better insight into how the service works. If there is anything you are considering about these user conditions, do not hesitate to contact us at support@localoca.io.

Sincerely,
Team Localoca

Summary

Registered users or users using Localoca’s Services are deemed to have read, understood and approved the whole of this Agreement, as well as the Privacy Policy and undertake to comply with both. If the user does not agree or understand the meaning of this agreement or the Privacy Policy, the user does not have the right to use the Service.
Localoca sells and markets tickets to events and happenings, entry fees, reservations and similar products on behalf of a responsible seller. Localoca itself acts solely as an agent.

All questions or claims relating to the events, tickets and their implementation shall be addressed to the seller. If the user wishes to withdraw his purchase or claim compensation, he shall be in direct contact with the seller. The seller’s contact information is found in the event description and on the seller’s profile in the Service.
Only individuals over 18 years of age may use the service.
The information provided by the user at the time of registration must be true and complete. The password created during registration must be kept private.
In case the user breaches this Agreement, or in case the user has applied wrongful or false information at the time of registration, or if Localoca suspects any abuse of the user account, or if the buyer otherwise misuses the Service, Localoca is entitled to suspend or permanently delete the user’s Localoca account.
Before the user authorises the purchase of a product, the purchaser must carefully have read all provided information and all instructions relating to the product and carefully checked that the price, product and shopping cart are in line with the buyer’s desire.
The user is responsible for proving any necessary identification in accordance with the product information (e.g. student ticket requires study card) or for proving his or her age (e.g. bars, night clubs, etc.).
The user is responsible for not activating the ticket before the ticket review. On prematurely activated tickets there is no right of return or withdrawal.
The buyer is required to use up-to-date and functional equipment for the use of the Service.
The resale of Products is prohibited. Forwarding Products is allowed with the Service.
1 General

1.1 These Terms of Use (future "Agreement") include the terms and conditions for the use of Localoca Ab’s (future "Localoca" or "We") website localoca.io (future "Home Page") and Localoca’s mobile application (future "App"). In the future, all services that Localoca provides are collectively called "Service" or "Services".

Contact details: Localoca Ab's address is Tykistökatu 4b, 20520 Turku, c/o Sparkup. Email: hello@localoca.io

Localoca’s business ID is 2978106-6.

1.2 Users registered or using Localoca’s Services are deemed to have read and approved this Agreement and undertake to comply with it, and are counterparties to the Agreement (future "Buyer"). If the Buyer does not accept or understand the meaning of this Agreement, the Buyer does not have the right to use the Service. If more recent versions of these conditions exist, the most recent version shall apply.

1.3 In order to use the Services, the Buyer must always comply with these conditions, as well as with the Privacy Privacy, both of which are available on the Service.

1.4 Localoca serves as a marketplace for events and happenings, where Localoca’s Buyers can browse, reserve and purchase tickets to, and share information about events and similar happenings that event organisers or authorised representatives or other ticket selling platforms (future "Merchant") have chosen to publish on the Services.

1.5 Localoca sells and markets tickets, entry fees, reservations and similar products (future "Product") on behalf of the responsible Merchant and is itself only an agent. All questions or claims relating to the Products and their implementation shall be addressed to the Merchant.

1.6 Localoca reserves the right to modify the terms of use of the Services and its contents.

1.7 Finnish law applies to this Agreement.
2 Entry into Service, Registration and Use of the Service

2.1 Buyers include visitors and users, registered or not. Only individuals over 18 years of age may use the Service as a Buyer. Purchases include purchases of Products that are distributed free of charge by the Merchant or otherwise free of charge to the Buyer, as well as all purchases that cost money or credits.

2.2 Registration and purchase of Products requires registration via an application form available in the App and on the Home Page.
2.2.1 Registration can sometimes also be done with alternative sign-in methods available at sign-in (for example Facebook and Google).

2.3 The information provided by the Buyer at the time of registration must be truthful and complete.

2.4 Registration gives the Buyer access to his or her credentials, which are personal and must be kept private. If the Buyer suspects that the account is misused by any third party, or that a third party has access to the Buyer's account, the account owner must change the password immediately and notify Localoca of the misuse.

2.5 In the event of failure to comply with this Agreement, or in the event of false or misrepresentation of information at the time of registration, or if Localoca suspects any misuse of an account, or if the Buyer otherwise misuses the Service, Localoca is entitled to suspend or permanently delete the Buyer's account.


3 Conditions Regarding Purchase, Delivery and Activation of a Product

3.1 Only registered Buyers can purchase Products in the Service.

3.2 The purchase agreement for a Product purchased in the Service is between the Buyer and the Merchant. Sales of Products are made only by the Merchant, for the Merchant or on behalf of the Merchant. Localoca's liability is limited to the delivery of the Product to the Buyer.
3.2.1 In the case of Localoca acting as the Merchant and organizer, We are subject to the same conditions as any other Merchant.

3.3 The following payment methods are available in the Service. In the App a Buyer can choose between selected credit cards (VISA, VISA Electron, MasterCard) and e-wallets (Apple Pay). On the Website the Buyer can, when available, additionally choose Finnish bank transfer as a payment method.

3.4 Saving an encrypted version of the Purchaser's payment details in the App improves the purchase experience. The Buyer may therefore choose, at the time of a purchase or in the settings, to accept the storage of their card data or e-wallet, for re-use in future purchases.
3.4.1 The Buyer is charged only when the Buyer accepts a purchase. Without the Buyer's consent, no purchase is made.
3.4.2 The total amount for the Product, including tax, is always visible before the moment of purchase. The Buyer must check the Product basket carefully, and read all information provided, before completing the purchase.

3.5 The Buyer may only use means of payment in the name of the Buyer. Any abuse of other’s bank or card data or theft is strictly prohibited and punishable under Finnish law.

3.6 Before the Buyer approves a purchase of a Product, the Buyer must carefully read all information and instructions provided by the Merchant regarding the Product in question, and must carefully check that the price, Product and Product basket is in line with the Buyer’s wishes.

3.7 Purchased Products including receipt are sent to the Buyer's personal Localoca ticket wallet, which can be accessed on the Buyer’s account in the App, and to the Buyer’s registered email. Activation of the Product requires the Buyer's own functioning smartphone or similar device and an Internet connection. The Buyer needs to be signed in to his or her personal Localoca account in the App, or show the receipt sent to the Buyer’s registered email.

3.8 High quality third party payment processors, that are service partners with Localoca, are responsible for all payments occurring in the Service. These transaction companies are responsible for the entire payment process and for the storage of classified information arising from money transactions. Localoca itself does not store any classified information arising from money transactions, except from such encrypted information required for point 3.3.

3.9 The Buyer is responsible for proving any necessary identification in accordance with the Product information (e.g. student ticket requires student card) or for proving his age (e.g. bars, night clubs, etc.). The Merchant is responsible for checking the Buyer’s purchased Product and for checking the ID or other evidence by the Buyer, if necessary. Age limits, exclusive events and other information must be clearly disclosed in the Product and must be read carefully by the Buyer before the purchase. If the Buyer does not have the required identification, as notified in the Product, no right of return exists on the ticket.

3.10 Discrimination of all kinds is strictly prohibited.

3.11 Merchants or authorized, such as ticket controllers, have the right to refuse the Buyer entry to an event, or remove the Buyer from an event, if the Buyer acts in a threatening manner, is intoxicated or otherwise violates the Merchant’s or the event organizer’s rules.
3.11.1 If the Buyer feels unfairly treated, he should contact the Merchant and also inform Localoca about the incident at help@localoca.io

3.12 The Buyer is responsible for not activating the ticket before the ticket review. On prematurely activated tickets there is no right of return or withdrawal. In the event of such mistake, negligence or carelessness, the Buyer shall be in contact with the Merchant.

3.13 The Merchant, or an authorised representative, is responsible for the availability, information and marketing of the Product, as well as for all obligations imposed by sale and marketing. In the event of a defect in goods, misrepresentation, delay or similar defect, mistake, reckless action or negligence on the part of the Merchant, the Buyer shall always be in direct contact with the Merchant.
3.13.1 If the buyer feels unfairly treated, he should contact the Merchant and also inform Localoca about the incident at help@localoca.io

3.14 The resale of Products is not allowed without a written certificate from Localoca.
3.14.1 Forwarding of Products is only allowed through the Service.

4 Cancellation and Complaints

4.1 All claims and refunds relating to Products shall be addressed to the Merchant. The Merchant is responsible for all reimbursements and other compensation to the Buyer and the costs arising therefrom. The Merchant’s contact information is found on the Merchant’s own side of the Service or in the Product description.

4.2 The Merchant stands for all refund, cancellation and complaint costs relating to their Products.

4.3 On products with a short life span, such as last-minute tickets to events, the buyer usually has no right of withdrawal or return on the products, according to the Finnish Consumer Protection Act (38/1978) Chapter 6 §16. However, the Merchant may have agreed to have a right of return and/or withdrawal on their Product. If the Buyer wishes to withdraw his purchase or claim compensation, he must always be in direct contact with the Merchant.
4.3.1 All refund claims for last-minute tickets shall be made at the latest 48 hours from the time of purchase. Also contact Localoca on help@localoca.io for last-minute return claims.

4.4 On products with longer life spans, such as tickets to events starting more than one month before the time of purchase, return or withdrawal is usually available. The conditions of the Merchant shall apply. In the event of a dispute, the Consumer Protection Act (38/1978) 6 Chapter shall be followed. If the Buyer wishes to withdraw his purchase or claim compensation, he or she shall be in direct contact with the Merchant.
4.5 If the Merchant suspends or cancels the event or happening before the start, the Merchant shall be obliged to reimburse the Buyer the sum of the Product or other compensation that is agreed on.

4.6 If the event is moved to a different location or time, so that it significantly affects the ability of the Buyer to visit the event, the Merchant must allow the Buyer to withdraw his purchase.

4.7 Where the Merchant cannot replace the Buyer of the former Product with a corresponding Product, the Buyer shall be entitled to other consideration equal to the price of the original Product. The Merchant pays for all costs.

4.8 Service fees for payment and use of the Service are not refunded by Localoca.

5 Liability and Obligations of the Buyer

5.1 The Buyer is required to read all information relating to the Product and to stay updated regarding changes in the Product, for example possible cancellations or change in time or place of the event.

5.2 The Buyer is obliged to ensure that he or she has a good internet connection and access to data while using the Serive. Localoca is not responsible for network connections, software or other services provided by independent third parties that may affect the use of the Service.

5.3 The Buyer must always ensure that the appliances used to use the Service are in good condition, up-to-date, protected and cared for with care. Likewise, the Buyer is required to ensure that all the services necessary for the use of the appliance and the Service are up-to-date, safe and functional and in line with this Agreement.
5.3.1 Localoca suggests up-to-date versions of the Mozilla Firefox and Google Chrome browsers for using the Home Page. The system version on the Buyer's smart phone or similar device shall be the latest available iOS or Android.

5.4 The Buyer is required to find out and comply with the rules of the Merchant or organizer for the event and the venue.
5.4.1 The Buyer is required to bring and use such protective equipment which may be required for the event or happening. Localoca encourages the use of hearing protectors on all events.

5.5 The Buyer is obliged to compensate Localoca, the Merchant or a third party for damage caused by the Buyer, in accordance with Finnish law.

5.6 The Buyer is required to use the Service with care and attention.

6 Content and Material Produced by the Buyer

6.1 A Buyer can provide the Service with material such as comments, participant information, images, and reviews, or similar information (future "Content"). This Content is used by Localoca only for operational functions and for enhancement of the Service and in accordance with the Privacy Policy.
6.1.1 The Merchant is bound to use the information obtained by the Buyer only for the execution of the purchase, for a register of participants and for statistics in accordance with the Privacy Policy.

6.2 The Buyer retains the rights to the material that the Buyer uploads on the Service. However, Localoca reserves the right to use the uploaded material for analysis and marketing or similar purposes.

6.3 The Buyer is responsible and liable for ensuring that the Content published by the Buyer on the Service, does not infringe upon copyright, patents, pattern rights or similar intellectual property rights, does not violate good practice, does not violate the rights or privacy of any person, or calls on others to do so, is not abusive or violent, is not spam, does not contain harmful software or viruses or similar malicious data that can harm the Service or its users, and is not contrary to Finnish law.

6.4 Localoca is not liable for the damage caused by Content created by Buyers or third parties.

6.5 Localoca has the right to delete any Content considered to be in breach of this Agreement, good practice or Finnish law and the right to suspend or delete the Buyer's account in such event.

7 Intellectual Property Rights

7.1 Localoca and Localoca's contracting parties are copyright and intellectual property owners of all the content found on the Service, aside from the Content uploaded by the Merchant or Buyer.
7.1.1 The rights apply to the entire Service; any content, designs, images and graphics, text, code, media files, electronic documents and applications and services and other materials that can be accessed on the Service or through our contractors.

7.2 Localoca Ab has exclusive rights to the business name Localoca, copyright and exclusive rights of any code in and behind the Service, design, logo, images and graphics, text, media files, electronic documents and applications and services and other materials that can be accessed on the Service, aside from content belonging to Localoca’s contracting parties or the uploaded Content by the Merchant or Buyer.

7.3 The Service may not be copied or reproduced, either directly, by reverse design or in any other way, and the content of the Service may not be published or shared without written agreement with Localoca. Any breach of this may result in the permanent deletion of the Merchant’s Localoca account and it’s published Content, and may lead to legal consequences.



8 Localoca’s Responsibility

8.1 Localoca strives to ensure that the Service is always available and functioning safely without interference. Localoca has the right to momentarily or permanently suspend the Service for updates, maintenance, security risks, technical failures, or other situations that require it.
8.1.1 In the event of a service interruption, Localoca will strive to inform Buyers as soon as possible of the incoming or current interruption and, if possible, of the duration of the interruption.

8.2 Localoca's liability is limited to the Service, which allows the Merchant to sell and market its own Products under these terms, the Privacy Policy and Finnish law. Localoca is responsible for delivering the Product with a certificate to the Buyer.

8.3 Localoca is required to notify Buyers of any information or security risks affecting them or their use of the Service within a reasonable time after detection.

8.4 Localoca is not responsible for interruptions, delays or technical failures of the Service and the direct or indirect costs of such a case. Localoca is also not responsible for obstacles, interruptions, errors or similar problems related to data transfer or payments or other services provided by third parties and the direct or indirect costs of such a case.

8.5 Localoca acts only as a service provider, a middle-man between the Merchant and the Buyer. Localoca is not responsible for delays, interruptions, false or misleading information, availability, misunderstandings, errors, damage, or similar situations caused by the Merchant or its Products. Localoca is not responsible for the use, sharing or similar action of information relating to Buyers, Merchants, third parties and Products. Localoca is not responsible for the Buyer, Merchant, contract party or third party in any way, unless otherwise stated in this Agreement or in the Privacy Policy.

8.6 Localoca is not responsible, and not liable for compensation or damages, for direct or indirect damage arising from the use of the Service, except in accordance with this Agreement and Finnish legislation.

8.7 Localoca is exempt from damages and liability in the event of excessive or uneminent forces, unexpected or unpredictable events and effects, known as Force Majeure, preventing Localoca from doing what Localoca is committed to. Such Force Majeure states include natural disasters, terrorist attacks, server faults, protests and interruptions to the payment movement.



9 Use of the Buyer’s Personal Information

9.1 To use the Service, the Buyer must approve the Privacy Policy, which provides all relevant information regarding the use of personal information in the Service. The Privacy Policy is found in the Service under "Privacy Policy".

10 Third Party Services

10.1 Localoca collaborates with third party service providers for the functionality of the Service. For example, third parties provide features, payment opportunities, login options, and localisation services. In order to use the Service, the Buyer must also accept these third parties' terms and conditions and privacy policies.
10.1.1 The use of these third party services outside the Service is under the sole responsibility of the user and is completely separate from the Service and these terms and conditions.

11 Entry into Force, Amendments and Termination

11.1 These conditions enter into force on July 1st 2019 and are in force until further notice.

11.2 If newer terms are available, the newest terms of the Agreement shall apply. In the event of earlier conditions being contrary to newer conditions, the newer conditions shall apply.

11.3 Localoca reserves the right to change the terms of use of the Service at any time.
11.3.1 In the event of major changes to these conditions or to the Privacy Policy, a reasonable period must be allowed for the Buyer to accept the new conditions before they enter into force. The new conditions will enter into force on the informed date, with or without the consent of the Buyer.
11.3.2 The Buyer has the right to refuse the new conditions, but for continued use of the Service, the conditions must be approved. If the Buyer denies these or newer conditions, Localoca has the right to suspend or permanently delete the Buyer's account.
11.3.3 The continued use of the Service by the Buyer, despite the notification of new conditions, shall be understood as an acceptance of the conditions.
11.4 This Agreement may be unilaterally terminated at any time by both parties. All personal data will be removed according to the Privacy Policy in such case. If the Buyer continues to use the Service after termination, the Agreement is considered to remain in force.
12 Disputes

12.1 In the event of a dispute between the Buyer and Localoca concerning the Service, the Buyer should first contact Localoca in writing at support@localoca.io.

12.2 If the dispute cannot be resolved between the Buyer and Localoca, the Buyer can turn to the Consumer Advice (https://www.kkv.fi/en/consumer-advice/).

12.3 If the conflict cannot be resolved, the case should be brought before the Turku District Court. Finnish legislation shall apply to such a procedure.

13 Language of the Terms of Use

13.1 These Terms of Use for Buyers are found in Swedish, Finnish, and English. In the event of a conflict between two different language versions, the Swedish version shall apply.