Terms and Conditions

3.1 Creating an account

You can create a Toka account using Google Sign-In, Apple Sign-In, or an email. You agree to provide accurate and truthful information when creating your account and to keep your contact information up to date.

3.2 Account security

You are responsible for maintaining the confidentiality of your account. You agree to notify us immediately at support@gettokaapp.com if you become aware of any unauthorised use of your account.

3.3 One account per person

You may only maintain one active account. Creating multiple accounts to circumvent restrictions or suspensions is a breach of these Terms and may result in permanent removal from the Platform.

4.1 What Toka is

Toka is an online marketplace that allows users to list, discover, and arrange the sale of secondhand goods. Toka facilitates connections between buyers and sellers, we are not a buyer, seller, or party to any transaction that occurs between users.

Payments are processed digitally through the Platform by our payment partner Stripe. Once a sale is confirmed through the Platform, the buyer and seller arrange the handover: pickup or seller-offered delivery. Section 7 explains how payment works.

4.2 The Toka AI assistant

The Platform includes an AI assistant ("Toka AI") that can:

• Answer buyer questions using information provided in a seller's listing
• Suggest items based on your stated preferences or uploaded photos
• Guide you through buying and selling steps

Toka AI uses information from listings and stored seller responses to answer buyer questions automatically. When Toka AI cannot answer a question from available information, it will refer the question to the seller.

Toka AI is designed to be helpful and accurate, but it is not infallible. You should not rely solely on Toka AI's responses when making purchasing and selling decisions. Always verify material facts, such as item condition, dimensions, and defects, directly with the seller.

Toka AI does not have authority to bind sellers to commitments not already contained in the listing. Any representations made by Toka AI that go beyond the listing details are not binding on the seller or on Toka.

4.3 No price negotiation

Prices on Toka are set by sellers and are not subject to negotiation through the Platform. Buyers who wish to purchase an item agree to pay the listed price. Attempts to negotiate price through the Toka AI are not supported and may be disregarded.

4.4 Fees

The price shown to buyers on the Platform is the total amount payable. It includes a single service fee, which covers Toka's fee and payment processing, and, where the buyer chooses a seller-offered delivery, the seller's delivery cost. This all-inclusive price is shown before the buyer commits. Sellers receive their full asking price, plus their delivery cost where delivery was chosen. There are no listing fees.

5.1 Accurate listings

As a seller, you agree to:

• Provide accurate, complete, and honest descriptions of items you list
• Ensure photos are genuine representations of the actual item
• Disclose any known defects, damage, or limitations
• Only list items that you own and have the right to sell
• Keep listings up to date, remove or mark listings as sold promptly

5.2 Responding to buyers

Where the Toka AI cannot answer a buyer question from existing listing information, that question will be escalated to you as the seller. You agree to respond to escalated questions within a reasonable time.

By providing answers to buyer questions, you consent to Toka storing those answers and using them to respond to future buyer queries about the same listing.

5.3 Honouring confirmed sales

Once a sale is confirmed through the Platform, you commit to completing the handover as agreed. Repeated cancellation of confirmed sales may result in account suspension.

5.4 Prohibited and restricted items

You may only list secondhand goods that you own and have the right to sell.

You must not list any item that is:

• Illegal to sell in Australia. This includes weapons, ammunition and prohibited weapons; explosives and fireworks; illicit drugs and drug paraphernalia; tobacco, vaping and nicotine products; alcohol; prescription or pharmacy-only medicines and regulated therapeutic or medical devices; government identity documents, and official uniforms, badges and insignia; protected wildlife products and CITES-restricted materials; human remains; prohibited hate symbols and hate-group material; and hazardous materials including asbestos, industrial chemicals and pesticides.
• Stolen, obtained through unlawful means, or has had a serial number or other identifying mark removed.
• Subject to a current Australian product safety recall or ban, including toys that do not meet the mandatory button-battery standard.
• Counterfeit, or misrepresented as a different brand, model, item or condition. A replica, imitation or “in the style of” item may be listed only if the listing clearly discloses that it is a replica. Presenting a replica as genuine is prohibited.
• Adult content, pornography, or a used sex toy. Any content involving minors is prohibited absolutely and will be reported.
• Safety-critical equipment offered secondhand where a previous impact or failure cannot be verified. This includes child car seats, booster seats and baby capsules; helmets; climbing harnesses, ropes and rated carabiners; and life jackets and personal flotation devices.
• Food, drink, supplements, opened cosmetics, skincare or perfume, contact lenses, or a used personal-care item.
• A live animal.
• A vehicle requiring registration, including cars, motorcycles, boats, trailers, caravans and jet skis.
• Real estate, or a lease or licence to occupy or store.
• Anything that cannot be handed over in person. This includes gift cards and vouchers; event, concert and travel tickets; digital goods, software keys and licences; online accounts, subscriptions and memberships; services and labour; and financial products and cryptocurrency.

Some of these restrictions exist because Toka releases payment only when a physical item changes hands in person, and may be lifted as the Platform develops. Others are permanent.

Toka does not inspect items and cannot verify every listing. Several of the rules above, in particular those covering stolen goods, recalled goods and undisclosed replicas, cannot be detected from a photograph or a description. They are enforced through user reports and our review of them rather than by an automated check at the point of listing. You remain responsible for the legality of what you list, and for the accuracy of what you say about it.

Toka reserves the right to remove any listing we determine, in our sole discretion, to be in breach of these obligations or the content and conduct rules in these Terms (Sections 5.4, 5.5, 9 and 10), and to suspend or terminate an account under Section 13.

5.5 Image upload guidelines

All images uploaded to the Platform, including listing photos and profile pictures, must be appropriate for a general audience and relevant to their intended purpose. You must not upload images that contain offensive, explicit, or harmful content, watermarks or promotional branding from other platforms, or anything unrelated to the item being listed or your identity as a user. Toka moderates uploaded images and will remove content that does not meet these guidelines. Repeated violations may result in account suspension.

5.6 Receiving payments

To be paid, you need a payment account with our payment partner Stripe. That account is created for you the first time you set up to sell. By selling on the Platform you agree to the Stripe Connected Account Agreement, including the Stripe Services Agreement.

• Verification happens when you publish a listing. To publish a listing, Stripe asks for the details it needs in order to pay you, which normally include your name, date of birth, address, and bank account details. You complete this once, in the app, so you are set up to sell before any offer comes in. If you created a listing before this was introduced, you will be asked to complete it the first time you go to sell.
• Your money is yours, held in your own account. Money you earn from sales is held in your own Stripe account and shown in the Platform as your Earnings. Toka never holds your money.
• Money arrives in stages. When you enter the buyer's handover code at the handover, your share of the sale is assigned to your account immediately. Your first sale takes longer to clear, about 7 business days, while Stripe completes its standard checks on a new payment account. Every sale after that clears in about two business days. So your Earnings will show as clearing before they show as available. These delays are set by Stripe and the card networks. Toka adds nothing to them.
• You can request a withdrawal at any time. If your Earnings have cleared, the transfer to your bank starts straight away. If they are still clearing, we keep your request and the transfer starts by itself the moment the money clears. You do not have to come back and ask again.
• Withdrawals are standard bank transfers. They are free, go to your nominated Australian bank account, and normally arrive within one to three business days.
• Earnings are not a bank account. Your Earnings balance does not earn interest, is not a bank deposit, and cannot be spent on the Platform. Withdrawing to your bank account is the only way to access it.
• Do not leave money sitting. Our payment partner does not intend balances to be held indefinitely and may require funds to be paid out periodically. We recommend withdrawing your Earnings rather than letting them accumulate. If your identity or bank details are not verified, your payment account may be limited or closed, which can delay access to your money.
• You are responsible for any tax obligations that arise from your sales.

5.7 Who can see your listing

When you publish a listing, its photos, description, price, and approximate location are visible to other Toka users. The listing itself can only be viewed inside the app by someone signed in to a Toka account, and listings are not published on the open web or indexed by search engines. To load quickly, published listing photos are served from public web addresses, so a photo can be opened by anyone who has its exact link, though the images are not browsable or indexed.

Do not include anything in a listing photo that you would not want another user to keep a copy of, or to be openable by anyone you share the link with, such as documents, screens, house numbers, number plates, or keys.

7.1 Commitment and authorisation

When you commit to buy an item, your card is authorised for the total price. An authorisation is a hold: your bank reserves the amount, but no money is taken. No money moves until the handover is confirmed. When your card authorisation completes, your commitment is sent to the seller as an offer to buy at the listed price (always the full listed price, per Section 4.3), and an order is created when the seller accepts it. If the authorisation does not complete, no offer is sent to the seller and no order is created.

An offer stays open for 24 hours. If the seller declines it, or does not accept it within that time, the offer lapses, the hold on your card is released, and you are not charged.

Saving and reusing your card. Toka never sees or stores your card number. Your card is held securely by our payment partner Stripe. By paying through the Platform you authorise Stripe to save your card, and you authorise us to ask Stripe to use it again for that same order without prompting you, including to place a fresh hold if the first one expires before your handover happens (Section 7.2). It is used only for the order you are buying. We do not charge it for anything else, and it is not used for a different purchase unless you choose to.

7.2 How long a hold lasts, and when we replace it

A card authorisation lasts up to about 7 days. That limit is set by the card networks, not by Toka.

If your handover has not happened by the time a hold is due to expire, we place a fresh hold on the same card so your order stays live and you do not have to start again, and you will not be asked to re-enter anything.

If a fresh hold cannot be placed, for example because the card has expired, been cancelled, or has insufficient funds, we will ask you to enter payment details again to keep the order alive. If you do not, the order is cancelled and you are not charged.

A hold never takes money from you. Money is only taken at the handover, as described in Section 7.3, and either party can cancel before then under Section 7.4.

7.3 Handover and payment capture

At the handover, once you are satisfied with the item, you share your 4-digit handover code with the seller, who enters it in their app to complete the sale. This is the moment payment is taken: your card is charged the total price, and the seller's share is assigned to the seller's own Stripe account, shown in the Platform as their Earnings. Sharing your code is your confirmation that you have received the item and it matches its listing, so do not share it before you have seen the item.

7.4 Cancelling before handover

Either the buyer or the seller may cancel before the handover code is entered; the hold is released and no money moves. Once the code is entered, the sale is complete and cannot be cancelled.

7.5 Seller earnings and withdrawals

The seller's share of a completed sale, being their asking price plus their delivery cost where delivery was chosen, is assigned to the seller's own Stripe account at the moment the handover code is entered (Section 5.6). It is shown in the Platform as Earnings. Card payments take about two business days to clear (about 7 business days for a seller's first sale, Section 5.6), and a seller can request a withdrawal to their Australian bank account at any point, including while funds are still clearing, in which case the transfer starts automatically once they clear. Earnings cannot be spent on the Platform.

7.6 Delivery and logistics

Each listing is offered for pickup, delivery, or both, at the seller's choice. Where delivery is offered, the seller arranges it and sets the delivery cost, which is shown to the buyer and included in the total price; where both are offered, the buyer chooses at purchase. Toka does not itself arrange, carry out, or insure delivery, and pickup logistics are the responsibility of the buyer and seller.

Toka is not a party to the transaction between buyer and seller. We do not take title to, or responsibility for, any goods sold through the Platform.

8.1 The handover is your protection

The handover is the moment to inspect the item. If something is not right, raise it before sharing your handover code: you can decline to proceed at no cost, the hold is released and you are not charged. Sharing your code confirms you have received the item and it is as described.

8.2 No cash refunds; completed sales are final

Toka is cashless and uses a payment provider, currently Stripe, in order to support payments. During a handover event, sharing your code is your confirmation that the item was as expected, completed sales are final and Toka does not provide refunds. If you change your mind after a completed sale, Toka will help you relist the item on the Platform to sell it again. Toka is a marketplace, not the seller, and does not refund the price of an item.

8.3 If a problem emerges after handover

If a genuine problem emerges that you could not reasonably have seen at pickup, contact Toka at support@gettokaapp.com or use in-app support, with your order, photos, and a description. We assess each case individually and work with both parties toward a fair outcome (we aim to respond within 2 business days). We encourage both parties to first attempt to resolve issues directly. Where a refund is agreed or required, we will arrange it with you directly and confirm the method and timing in writing before it happens. Toka does not guarantee any particular outcome, our ability to intervene is limited by the nature of the transaction, we are not an arbitrator, and our involvement does not create any legal liability on our part.

8.4 Card disputes (chargebacks)

If you confirmed a handover by sharing your code, we ask you to come to us first before raising a dispute with your bank or card issuer. It is usually faster, and we can see the whole transaction: the listing, the messages, the handover confirmation. Nothing here affects your right to raise a dispute with your bank. Raising a card dispute in bad faith for a transaction you confirmed at handover is a breach of these Terms and may result in account suspension.

8.5 Sellers

If a buyer walks away at handover, you owe nothing and the listing can be relisted. Your share of a completed sale sits in your own Stripe account, which Toka does not hold and cannot silently draw from. Toka does not claw back settled earnings for change-of-mind refunds, because we do not offer them. If a refund is agreed, or a chargeback or non-excludable legal requirement applies, the amount may need to be recovered from your balance or from future sales, and we will always contact you before anything affects your Earnings and work through the approach with you.

8.6 Your consumer law rights

Most items on Toka are sold by private individuals. Australian Consumer Law consumer guarantees apply to sales by businesses (sellers in trade or commerce); private sales generally do not carry the same guarantees, which is why the handover inspection matters. Where a non-excludable Australian Consumer Law right does apply, it operates between you and the seller, and nothing in these Terms limits it.

10.1 Reporting

You can report objectionable content or abusive behaviour at any time using the in-app Report option available on every listing, or by emailing support@gettokaapp.com.

10.2 Blocking

You can block another user at any time. Blocking hides that user's listings from your feed and notifies Toka so we can review the account.

10.3 Our commitment

We review every report and act within 24 hours. Where a report is upheld, we will remove the offending content and suspend or eject the user responsible.

Users who are ejected for objectionable content or abusive behaviour may not create new accounts, consistent with the one-account-per-person rule in Section 3.3.

11.1 Toka as a facilitator

Toka is a marketplace platform. We do not manufacture, inspect, store, or take responsibility for any goods listed or sold through the Platform. We make no representations about the quality, safety, legality, or accuracy of any listing.

11.2 Limitation of liability

To the maximum extent permitted by Australian law, Toka excludes all liability for:

• Loss or damage arising from a transaction between users
• Inaccurate or incomplete listing information provided by sellers
• Failure of Toka AI to provide accurate or complete responses
• Acts, omissions, or service availability of Stripe as payment processor, except to the extent caused by Toka
• Copying, reuse, or misuse by other users of listing content you have chosen to publish
• Loss of data, access, or availability of the Platform
• Any indirect, incidental, consequential, or special loss or damage

Nothing in these Terms limits any rights you may have under the Australian Consumer Law that cannot be excluded by contract, including mandatory consumer guarantees.

11.3 Australian Consumer Law

Where Toka provides services to consumers (as defined under the Australian Consumer Law), those services come with statutory guarantees that cannot be excluded. Where our liability cannot be excluded, it is limited to resupplying the services or paying the cost of having the services supplied again.