These Terms of Service apply to Lobab mobile applications and to the Lobab web interface. If you choose to access Lobab’s services for any reason, whether merely to visit or to take advantage of Lobab’s value proposition, these Terms of Service govern the legal premises of your interaction with Lobab. If you reject or disagree with any passage within these Terms of Service but choose to access Lobab’s services despite your conscientious position, you will be doing so without permission.
Any request to perform a purchase of any kind through Lobab’s dedicated media may produce a legitimate request by the Lobab system for certain details, which are necessary to effectuate the noted purchase. Such details may include, at minimum, your method of payment and all associated details to validate it (e.g., the date of expiration and the CVV or security code when you use a credit card). Billing addresses associated with methods of payment and the exact name shown on the card are also part of the verification process.
Through the actual use of any credit card or other payment method that is acceptable for making purchases through Lobab’s dedicated media, you are making certain legal declarations, including your legal right to use the card or payment method and the correctness of the information that you have communicated in connection with the same purchase request.
Lobab may use third-party intermediaries to effectuate payments for purchases and for other actions needed to render the requested product or service. Therefore, your submission of the requested information in connection with any purchase gives Lobab the right to make relevant information from what you have provided available to those third-party intermediaries. Nevertheless, please read our Privacy Policy in addition to these Terms of Service.
As Lobab is in a constant process of updating its products, services, and information in its dedicated media, including websites, mobile apps, and advertising on other websites, the task of ensuring 100% accuracy in all detail is impossible as a practical matter. Despite our best efforts to minimize delays in updating essential details, delays are inevitable from time to time. Due to human error, moreover, certain details of information may be erroneous, inaccurate, incomplete, or outdated. Such details may include pricing information, product or service descriptions, or information regarding product or service availability. Accordingly, Lobab reserves the right to address such issues and make needed changes at any time and in any way deemed appropriate, without necessarily informing users thereof.
Anyone who is of the nationally recognized age of consent for data processing (as applicable in each respective country*) may open an account with Lobab, as long as the information associated with the account creation is complete, accurate, correct, and up to date at the time of the requested account creation action. Lobab reserves the right to terminate your account immediately upon learning that any of the information provided by you is incomplete, inaccurate, incorrect, or outdated.
*Article 8 GDPR sets the age of consent at 16 unless otherwise dictated by country. EU member states vary between 13 (youngest) and 16 (oldest), depending on the country’s current laws. Persons below the appropriate national age of consent need a parent’s permission to access internet-mediated services directly.
As the user, you are fully responsible for safeguarding your own login credentials and personal Lobab account from access or discovery by other parties. This responsibility extends to the unguarded use of your computer or device, which may afford certain outsiders access to your account through saved passwords or other methods of convenience. Because account access is your responsibility, your choice to operate a personal Lobab account amounts to a declaration of your willingness to accept complete responsibility for any action that might occur in connection with the use of your login credentials, computer, or device. In case your account experiences an unauthorized access event, you must notify Lobab of the event immediately upon discovering it.
Lobab reserves the right to deny any user of products, services, or account access for any reason deemed necessary. Lobab’s rights under this paragraph includes removing or editing accounts or content, freezing accounts, order cancellation, and similar actions that may become necessary from time to time to maintain the integrity of the system.
Lobab and Lobab’s licensors are the exclusive owners of all aspects of Lobab products and services, including content, functionality, and features. Lobab’s products and services enjoy protection under all applicable copyright laws, trademark agreements, and other relevant laws and regulations of each country in which Lobab does business. Neither Lobab’s trademarks nor Lobab’s trade dress is legally available for use in association with any non-Lobab product or service without explicit permission from Lobab.
Lobab’s dedicated media may often or occasionally present links to third-party websites or third-party services that operate outside of Lobab’s control. For those cases, Lobab maintains no control over what occurs under the auspices of those other websites or associated companies or organizations, nor can Lobab assume any responsibility for such content, privacy concerns, or specific practices of those other websites or associated companies or agents.
By consenting to interact with Lobab through its dedicated media, you acknowledge, affirm, and agree that Lobab shall hold no direct or indirect responsibility or liability for any loss or damage that might arise by following a link to a third party from an available Lobab interface or by choosing to interact with such third parties to obtain products or services therefrom. You assume all risks associated with third-party contact, even if such contact originates from a website link available on a Lobab interface. You bear all responsibility for studying both the privacy policies and the terms and conditions presented by any third party that you happen to visit, even if such visitation is the product of a website link available on a Lobab interface.
Lobab reserves the right to terminate your account or otherwise undertake a suspension thereof or bar access thereto without notice in advance and without incurring any liability through such action. Lobab is free to use its own discretion when making any such decisions and may make such decisions based on any reason, without restriction, whether appertaining to an actual breach of the Terms of Service or for any other justification as might arise.
Analogously, you are equally free to terminate your account at any time and for any reason, by discontinuing your use of and access to Lobab’s products, services, or interfaces. In addition, if you have signed on with Lobab in any way that involves a financial transaction, such as a paid subscription per se or a temporary free-trial period that will expire on a schedule and automatically convert to a paid subscription, you maintain a legal prerogative to withdraw from your Lobab commitment within fourteen (14) days of its enactment, without question. If you cancel under this provision, Lobab will refund any previously paid sums for which Lobab has yet to deliver products or services, including the lowest-priced delivery charges, as applicable, as soon as feasible, but at most without fourteen (14) days of your notification of cancellation to Lobab. If your cancellation occurs after a period of product or service provision, Lobab will refund the prorated (fractional) amount after accounting for products or services rendered in terms of the percentage of time that has passed while such products or services were available for use prior to cancellation. Refunds must use the same methods of payment as the original charges unless Lobab expressly commits to an alternative arrangement for the refund. Lobab will charge no fees in connection with any cancellation under this provision. For products or services in connection with third parties, Lobab can only refund what it has received from you. Securing refunds from third parties in connection with a Lobab product or service is up to you to pursue as a separate matter.
When cancelling, please use the automated cancellation feature available on the Lobab website. Otherwise, if you choose to use email or conventional mail for this purpose, please be as specific as possible regarding your service arrangement, as this effort will assist Lobab in identifying your account and any prior transactions accurately and in avoiding any error in processing. Such details should include transaction dates, product or service identifications, dates of receipt or confirmation, your name and address (or that of the recipient/customer, if it differs), and date of notification. Notification by way of conventional mail also requires your signature. If you have trouble locating the cancellation button on the Lobab website, you may use the following email address for this purpose:
Email: cancel@lobab.com (indicate subject line “Cancel”).
By consenting to interact or communicate with Lobab on any level, you thereby agree to hold Lobab harmless with regard to all possible costs arising from such interaction. In this context, the reference to Lobab includes Lobab’s licensees and Lobab’s licensors. It also includes all parties associated with Lobab. Such parties may include Lobab’s company directors, officers, or agents. They may also include Lobab’s contractors or Lobab’s employees. In this context, holding Lobab harmless includes defending and indemnifying Lobab, as necessary. In this context, costs subsume expenses of all kinds. Such expenses may include legal fees, debt, or other liabilities. They may also include other kinds of losses or obligations. They may also include damages or claims. In this context, the reference to use subsumes others who may use your account and password or in any other way access your account or breach of these Terms of Service.
No action undertaken or precipitated by you with respect to Lobab’s products, services, or interface shall cause Lobab to be liable for damages of any kind. The limitation of liability covers your privilege of accessing Lobab’s services. It also covers any actions or subject matter that might originate from a third-party vendor with responsibility for helping to deliver Lobab’s services. It also covers any actions that unauthorized third parties might undertake using your own credentials to enter into your Lobab account. This limitation applies to all possible types of damages, such as incidental, indirect, consequential, special, or punitive damages. This limitation applies to Lobab as an organization as well as Lobab in the form of any affiliate, supplier, agent, partner, employee, or director. This limitation applies to any kind of loss, including intangible losses, loss of goodwill, loss of use, loss of data, or loss of profits. This limitation includes any unauthorized access, unauthorized use, or unauthorized change in your content or transmissions. This limitation covers all possible torts, negligence, contracts, warranties, or other legal construal. This limitation applies regardless of whether Lobab has learned of the possibility of such damages and regardless of whether a remedy advanced in these Terms of Service has proved inert or otherwise failed in its purpose.
Insofar as any elements of the Terms of Service contained herein should reasonably, by its inherent nature, survive any act of termination, they shall do so. Conditions in this category may include provisions of ownership, disclaimers of warranties, matters of indemnity, limitations of liability, and other possible considerations that reasonably stem from any prior use of or access to Lobab’s products, services, or interfaces.
You assume the full risk of your use of or access to Lobab’s products, services, or interfaces. Lobab provides its products, services, and interfaces “as is” and “as available.” No warranties exist in association with Lobab’s products, services, or interfaces, whether express or implied in character. This limitation includes considerations of express or implied warranties of course of performance, non-infringement, fitness for use, or merchantability.
No warranty exists to ensure uninterrupted service functionality, security, or availability for any defined time or location. No warranty exists to ensure freedom from or immediate correction for any defects or errors. No warranty exists to ensure that Lobab’s products, services, or interfaces will be free from viruses, malware, or other electronic threats. No warranty exists to ensure that the use of Lobab’s products, services, or interfaces will meet your expectations, specifications, or requirements.
Insofar any particular legal or political jurisdiction disallows any of the aforementioned exclusions of warranties, liability limitations, consequential damages, or incidental damages, those elements of the limitations listed herein are effectively inert.
The primary legal authorities to which the present Terms of Service respond are the General Data Protection Regulation (GDPR) of the European Union and the California Consumer Privacy Act (CCPA) of the United States. Should Lobab fail to enforce any particular right, provision, or responsibility under the GDPR or CCPA, such inaction shall in no way indicate that Lobab has waived such right, provision, or responsibility. Should any court hold any element of the present Terms of Service as either invalid or unenforceable, such decision shall have no bearing on the remaining elements herein. The present Terms of Service shall thus encapsulate the full range of the agreement between you and Lobab. Moreover, it shall replace and supersede any prior arrangements that might have prevailed to govern any aspect of the relationship between you and Lobab’s products, services, or interfaces.
For more information about your rights under the GDPR, contact the European Data Protection Board (https://edpb.europa.eu). For more information about your rights under the CCPA, contact the CCPA (https://www.facebook.com/help/contact/784491318687824).
Lobab hereby reserves the right to replace, alter, or modify the present Terms of Service at any time, for any reason, and wholly at Lobab’s discretion. Should Lobab choose to initiate any substantial or material revision, Lobab shall disseminate a notice of the same at least 30 days in advance of the date of entry into effectiveness of the new conditions. Lobab shall judge the definition of a substantial or material revision based on its own criteria and considerations.
In the case of any revision of the present Terms of Service, should you choose to continue to do business with Lobab beyond six weeks past the date on which you received notification from Lobab regarding the revision, or beyond the entry into force of the revised Terms of Service, whichever is later, you thereby agree to operate according to the revised Terms of Service. Should you reject any of the new conditions, such rejection constitutes a withdrawal of your permission to use or interact with Lobab’s products, services, or interfaces.
Lobab invites you to submit questions or comments regarding the present Terms of Service for its consideration.
To do so, please use the following email link:
Email: terms@lobab.com (indicate subject line “Terms”).