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 Identity verification

Certain features of the Platform, including listing items for sale and engaging with other users, transacting, require identity verification. Verification is conducted through Stripe Identity. By submitting to verification, you consent to Stripe's collection and processing of your identity data in accordance with Stripe's Privacy Policy.

Toka reserves the right to refuse, revoke, or suspend verification at any time where we have reasonable grounds to suspect fraudulent or bad-faith conduct.

3.4 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.

At this stage of our service (pre-MVP), payments and logistics are coordinated manually. Once a sale is confirmed through the Platform, Toka will contact both parties to coordinate the handover. All transactions at this stage are cash on pickup only.

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 Platform's messaging or AI features are not supported and may be disregarded.

4.4 Fees

The price shown to buyers on the Platform is the total amount payable. Sellers receive their full asking price. 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 items

You must not list any item that is:

• Illegal to sell in Australia
• Subject to a product safety recall
• Counterfeit or misrepresented as a different brand or item
• Stolen or obtained through unlawful means
• A weapon, dangerous substance, or controlled item under Australian law
• Adult content, or any content involving minors
• Non-furniture items (restricted for pre-MVP phase)

Toka reserves the right to remove any listing we determine, in our sole discretion, to be in breach of these obligations or our Community Guidelines.

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.

10.1 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.

10.2 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
• 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.

10.3 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.