Terms of Website Use

1. Introduction and Acceptance of Terms

1.1. About Us: The website located at www.toke.ai (the “Platform”, “Service”, “Site”) is a copyrighted work belonging to Toke AI Ltd (“Toke, “Us”, “Our” and/or “We”), and its affiliates, subsidiaries, parent company, and other related companies. Toke is a cannabis community that provides a database of dispensaries, products, brands, strains, clinics, and doctors through a network of business and software partners and on all related sub-domains, mobile and/or software applications that host content related to the display of cannabis product and strain data including, but not limited to, reviews, cannabinoid content, terpene content, price, category, imagery and dose guidance. Information listed on our platform has been gathered by users, directories of cannabis products, dispensaries, medical providers, pharmacies, and media articles. Provision of the above is facilitated by Toke through the Platform. Some Platform features may be subject to additional disclaimers, guidelines, terms, or rules, which will be posted on the Platform in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement. References to “user,” “you” and “your” refer to you, a user of our Site and/or Services. All information contained on the Site and Services is for informational purposes only. Any content posted by Toke on any website, mobile application, social media channel, third-party content service, or advertisement is for information purposes only. Toke does not endorse, and is not responsible for the accuracy or reliability of, any opinion, advice, statement, or other information made on the Site or Services, including user content and third-party materials (each as defined below). Toke is not responsible for your relationship with any dispensary, retail location, medical provider, pharmacy, any third-party, or other users of the Site or Services. Toke is not obligated to screen dispensaries, retail locations, medical providers, pharmacies, or third-parties as well as their respective menus, content, or deals to determine whether they are qualified or authorised by law to provide their services or to determine the accuracy of the information they provide. Toke does not offer medical advice and any information accessed through the Platform or within any Toke media content is for information and educational purposes only, and is not intended to be a substitute for medical advice, diagnosis, or treatment, and is not intended to cover all possible uses, directions, precautions, or adverse effects. Such information includes without limitation, third-party materials, user content, and Toke content generation derived from user content (such as but not limited to feelings, side effects, uses, intensity, dose recommendation, and other data). The information on the Site and Services provided through Toke’s media channels (such as but not limited to blog content, Instagram, LinkedIn) should not be used for the diagnosis or treatment of any medical condition. Always consult a qualified health care provider if you have any questions about a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site, Services, or Media Channels. You, the User, expressly acknowledge that Toke is for residents of countries, regions, and localities with laws regulating the use of cannabis-derived product (such as CBD, medical, and recreational cannabis) and that medical cannabis patients are established pursuant to their respective local laws and authorities. Where a country has cannabis listed as an illegal substance, the user acknowledges that they are solely responsible for their actions and interaction with any cannabis substance in the respective country, region, or locality. Where a user is a member of a private club, the user acknowledges that Toke is not liable for any interaction or dispute with their respective club. The aforementioned disclaimers and limitations on liability shall not limit the more general disclaimers and limitations on liability in sections XXX and XXX or elsewhere in the agreement. In addition, any minor mistakes such as spelling, syntax, and grammar will not affect the other clauses in this agreement.

1.2. Eligibility: To use the Toke Platform, you must be of the minimum legal age for cannabis-related activities in the country from which you are accessing the Platform, which is typically 18 years old. By using the Platform, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement. Toke conducts age verification processes, but we do not store any identification information provided during this process on the Platform.

1.3. Agreement to Terms: By accessing, browsing, downloading, installing, or using the Toke software, mobile application, website, or any related services (collectively, the "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms"), our Privacy Policy, and any other policies or guidelines referenced herein. If you do not agree to these Terms, you must not use the Platform.

2. Definitions

2.1. Key Terms:

"Toke," "we," "us," or "our": Refers to the UK software company providing the Platform.

"Platform," “Site,” or “Services”: Refers to the Toke software, mobile application, website, and any related services.

"User," "you," or "your": Refers to any individual or entity accessing or using the Platform.

"Cannabis Products": Refers to products related to CBD, Medical Cannabis, and Recreational Cannabis.

"CBD": Cannabidiol products with low THC

"Medical Cannabis": Cannabis products intended for medical use, requiring a prescription or medical recommendation.

"Recreational Cannabis": Cannabis products intended for recreational use, subject to local legal frameworks.

"Strain Information": Data and insights related to specific cannabis strains, aggregated from lab reports and user reviews.

"Product Information": Data and insights related to specific cannabis products, including associated lab reports and user reviews.

"Lab Reports": Independent third-party laboratory test results associated with specific cannabis products, aggregated and displayed on the Platform.

"Strain Reviews": User-generated reviews and feedback on cannabis strains, contributed by the community of users.

"Product Reviews": User-generated reviews and feedback on specific cannabis products, contributed by users who have purchased those products via the Platform.

"Basic User": A standard user on the platform who has not subscribed to Toke Plus or Toke Premium.

"Toke Plus": A subscription service offering additional features to Toke Basic

"Toke Premium": A subscription service offering additional features to Toke Plus

"Business Partner": Refers collectively to Retailers, Doctors/Clinics, and Pharmacies connected with users via the Platform.

"Retailer": A business on the Platform that sells cannabis products to consumers.

"Doctor/Clinic": A medical professional or facility on the Platform that issues cannabis prescriptions.

"Pharmacy": A business on the Platform that fulfils cannabis prescriptions.

"User Content": Any data, text, reviews, images, or other materials that you upload, post, or transmit through the Platform.

"Credit": Credit provided by Toke for specific actions that can be used to purchase products or subscriptions, subject to Toke's discretion and amendment.

“Monthly Subscription”:

“Annual Subscription”:

“One-Time Subscription”:

"Intellectual Property Rights": Patents, utility models, designs, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

3. The Services/Software

3.1. Description of Services: Toke provides a Platform that serves as a comprehensive resource for cannabis information. This includes detailed Strain Information and Product Information, which is compiled from aggregated lab reports from products in the market and Strain Reviews from our community of users. For specific products, we display Lab Reports tested by independent third-party labs, and Product Reviews are provided by users who have purchased those products through our Platform. Toke facilitates connections between consumers and Business Partners. For purchasing, we connect consumers to Retailers and facilitate the transaction from the consumer to the Retailer. For medical cannabis, we connect patients to Doctors or Clinics who issue prescriptions, and to Pharmacies who fulfil those prescriptions. Important Disclaimer: Toke is not a seller of cannabis products, a medical provider, or a pharmacy. We are not responsible for the direct sale, quality, legality, delivery, or any other aspect of order or prescription fulfilment. Any problems or disputes related to product quality, delivery, prescription accuracy, or fulfilment are solely the responsibility of the respective Business Partner to resolve. Some Retailers on the Platform may require users to become members, pay a joining fee, or subscribe to their own services. They may also impose limitations on age and purchasing volumes per month. Any such requirements or limitations will be clearly specified by the individual Business Partner on their respective listings or terms on the Platform.

3.2. Service Availability: While we strive to ensure the Platform is available 24/7, we do not guarantee uninterrupted, secure, or error-free operation. The Platform may be unavailable from time to time due to maintenance, upgrades, network issues, or other factors outside of our control. We will use commercially reasonable efforts to minimize disruption.

3.3. Modifications to Services: Toke reserves the right, at its sole discretion, to modify, suspend, or discontinue, temporarily or permanently, the Platform or any part thereof, including features, functionalities, or content, with or without notice. We may also impose limits on certain features and services or restrict your access to parts or all of the Platform without notice or liability.

3.4. Ownership: You acknowledge that, excluding User Content, that all the intellectual property rights in the Site and/or Services are owned by Toke, or Toke’s licensors. The provision of the Site and/or Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Toke and its suppliers reserve all rights not to grant this Agreement.

3.5. App Platforms: You acknowledge and agree that the availability of the Mobile App is dependent on the third-party app platform from which you download the Mobile App, e.g. the Apple App Store®, the Google Play Store® or AltStore® (“App Platform”). You acknowledge that this Agreement is between you and Toke and not with the App Platform. Toke is solely responsible for the App, the content thereof, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Platform in connection with the Mobile App. Each App Platform may have its own terms and conditions to which you must agree before downloading the Mobile App from it. You agree to comply with all conditions to all applicable agreements, terms, and conditions of use/service, and other policies of the applicable App Platform in order to use your license with the Mobile App. You acknowledge that the App Platform (and its subsidiaries) is a third-party beneficiary of this Agreement and will have the right to enforce this Agreement. See accessing and downloading the application from apple in section XXXXX for additional terms and conditions if you access or download the Mobile App from the Apple App Store

3.6.

4. User Accounts and Registration

4.1. Account Access: You must meet the minimum age criteria of the respective region, country, or location or be a qualified medical cannabis patient with valid prescription to use the Site and/or Services.

4.2. Account Creation: To access certain features of the Platform, you may be required to register for an account. This involves providing certain information and creating a username and password.

4.3. Account Security: You are solely responsible for maintaining the confidentiality of your account login credentials (username and password) and for all activities that occur under your account. You agree to notify Toke immediately of any unauthorized use of your account or any other breach of security. Toke cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

4.4. Accuracy of Information: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Failure to do so may result in the suspension or termination of your account and may impact the accuracy of personalisation features provided by Toke.

4.5. Account Responsibilities: You are responsible for maintaining the confidentiality of your Account login information and are solely responsible for all activities that occur under your Account and Profile. If you become suspicious of activity on your Account, you agree to notify Toke immediately of any unauthorised, or suspected unauthorised, use of your Account and/or Profile and any other breach of security. Toke is not liable for any loss of damage arising from your failure to comply with the above responsibilities.

4.6. Account Suspension/Termination: Toke reserves the right to suspend or terminate your account and access to the Platform, at its sole discretion, without notice or liability, for reasons including, but not limited to: (a) breach of these Terms; (b) violation of applicable laws or regulations (including age restrictions); (c) fraudulent, abusive, or illegal activities; (d) requests by law enforcement or other government agencies; (e) unexpected technical issues or problems; or (f) non-payment of any fees owed by you in connection with the Platform.

5. User Content and Responsibilities

5.1. User Content: If you submit User Content to the Platform you grant Toke a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Platform and Toke's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit. You acknowledge that any Credit received for reviews or referrals is a promotional offer from Toke, and Toke reserves the right to withdraw or amend this Credit at any point during your time on the Platform without prior notice.

5.2. Permitted Use: You agree to use the Platform solely for its intended purpose: to access cannabis strain and product information, make informed decisions, and connect with Business Partners for legal cannabis-related services where permitted by applicable law. You may use the Platform to submit genuine reviews and participate in community features in a respectful and lawful manner.

5.3. Prohibited Uses: Toke prohibits the use of the Platform for any malicious reasons as outlined, but not limited to, the below. You agree not to: (a) use the Platform for any illegal purpose or in violation of any local, national, or international law, including laws governing cannabis, intellectual property, and privacy; (b) attempt to misrepresent your age or identity to bypass age verification or other Platform restrictions; (c) engage in any activity that interferes with or disrupts the Platform (or the servers and networks connected to the Platform); (d) attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform, by hacking, password "mining," or any other illegitimate means; (e) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Platform or any part thereof; (f) upload, post, or transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (g) submit false, misleading, or fraudulent reviews or information, including any attempts to manipulate review scores or credit systems; (h) circumvent or attempt to circumvent any purchasing volume limits or membership requirements imposed by Business Partners; (i) engage in any activity that could damage, disable, overburden, or impair the Platform or interfere with any other party's use and enjoyment of the Platform.

6. Acceptable Use Policy

6.1. Reviews: You must have a valid Account, email address, phone number, and identification to leave a review on Toke. Prior to posting a review, you will need to verify your email address, phone number, and identification associated with your Toke Account. You agree not to post reviews on the Site, Services, or any of Toke’s Social Media Channels that are not based upon your personal experience or are otherwise designed for any purpose other than providing other users on the Site and/or Services with an accurate description of your personal experience. Reviews based on second-hand, non-personal experience are not allowed as well as any reviews posted on the Site, Services, or Toke Social Media Channels that are:

6.1.1. Written exclusively in capital letters, or in non-typical capitalised formatting

6.1.2. Plagiarised or copied from other User experiences

6.1.3. Containing spam, advertisements, and/or links to external websites

6.1.4. Containing disparaging information about any Brand, Retailer, Dispensary, Club, or Pharmacy employees or any other person

6.1.5. Containing overly detailed or sexual descriptions of an individual’s appearance, or lewd personal attacks against a specific individual or group of individuals affiliated with a Brand, Retailer, Dispensary, Club, or Pharmacy

6.1.6. Containing references to Brands, Retailers, Dispensaries, Clubs, or Pharmacies or competitors other than the product, Brand, Retailer, Dispensary, Club, or Pharmacy being reviewed

6.1.7. Containing unrelated personal grievances.

6.1.8. If you are an owner, volunteer, or employee of a Brand, Retailer, Dispensary, Club, or Pharmacy you may not post reviews about your respective operations or about your competitors operations. As an owner of a Brand, Retailer, Dispensary, Club, or Pharmacy you are responsible for moderating and enforcing the Acceptable Use Policy on all reviews posted to your respective pages.

6.2. Images: Any imagery must exclusively feature the products they illustrate and must not include body parts, messy or cluttered backgrounds, product wrapping, currency, paraphernalia, brand names, or any other objects than the product itself. Products should be centred in the image file and image files must be clear and must not be blurry, fuzzy, or contain any flash reflections and files must contain an accurate depiction of the illustrated product. Image files must not contain pornography or other graphic images and must otherwise abide by the guidelines set forth in this Acceptable Use Policy

6.3. Technological Restrictions: You agree not to use the Site and/or Services to: (a) Upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited messages or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (c) harvest, collect, gather, or assemble information or data regarding other users, including email addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site and/or Services or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate another User on Toke or gain unauthorized access to the Site and/or Services, other computer systems, or networks connected to or used together with the Site and/or Services, through password mining or other means; (f) harass or interfere with another User’s use and enjoyment of the Site and/or Services; (g) introduce software or automated agents or scripts to the Site and/or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site and/or Services.

6.4. Moderation, Suspension, and Termination: We reserve the right (but have no obligation) to review any User Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, suspending or terminating your Account in accordance with SECTION 11 XXXX, and/or reporting you to the relevant law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.

7. Intellectual Property Rights

7.1. Company IP: All Intellectual Property Rights in the Toke Platform, including but not limited to the software, design, text, graphics, logos, icons, images, audio clips, video clips, data compilations, infographics for strain/product reports and reviews, and the compilation of all content on the Platform, are the exclusive property of Toke or its licensors. This includes all aggregated data derived from lab reports and user reviews presented in our unique format.

7.2. User License: Subject to your compliance with these Terms, Toke grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform solely for your personal, non-commercial use in accordance with these Terms.

7.3. Restrictions: You may not copy, modify, distribute, sell, lease, rent, assign, transfer, transmit, publicly display, publicly perform, or create derivative works from any part of the Platform or its content. You are expressly prohibited from reverse engineering, decompiling, or disassembling the Platform or otherwise attempting to discover the source code or trade secrets related to the Platform.

8. Third Party Material

8.1. Third-Party Interactions: During use of the Platform, you may enter into correspondence with, purchased goods and/or services from, or participate in promotions of third-party service providers, advertisers, or sponsors showing their goods and/or services through the Platform. In particular, Toke is not a party to any transaction that you may enter into with a third-party. Any such activity, and any terms conditions warranties or representations associated with such activity, is solely between you and the applicable third-party. Toke shall have no liability, obligation, or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third-party you interact with through the Platform.

8.2. Third-Party Materials: The Platform might display, include, or make available third-party content (including data, information, articles, applications or other products, services and/or materials) or contain links to third party websites, services, and advertisements for third parties such as Deals and dispensary Menus, including pricing, product names, and product descriptions (defined below) (collectively, “Third-Party Materials”). You acknowledge and agree that Toke is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Toke does not assume and will not have any liability of responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a Third-Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.

8.3. Deals: The Platform might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers from listed Business Partners (collectively, “Deals”). Deals constitute “Third-Party Materials” under this Agreement. Toke displays these Deals on the Platform as a form of advertisement for the listing Business Partner (the “Offeror”) only. All Deals are offered directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such additional terms, conditions, or restrictions are expressly included on the Platform. The Offeror, and not Toke, is solely responsible for (a) redemption of the Deal; (b) compliance of all aspects of the Deal with applicable law (including without limit, the advertisement, redemptions, and terms, conditions and restrictions related thereto); (c) all goods and services it provides to you in connection with the Deal; and (d) all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Deal or not.

8.4. Products: e.g. Summary of user content, reports provided by brands, Properties provided by brand, reviews provided by users

8.5. Strains: e.g. Summary of strain user content, summary of aggregated reports by brands products, Properties aggregated from brands products, reviews provided by users

8.6. Menus:

8.7. Other Users: Each user of the Platform is solely responsible for any and all of its User Content and Third-Party Materials. Because we do not control User Content and/or Third-Party Materials, you acknowledge and agree that we are not responsible for any User Content and/or Third-Party Materials, we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content and/or Third-Party Materials, and we assume no responsibility for any User Content and/or Third-Party Materials. Your interactions with other Platform users (including Dispensaries) are solely between you and such user. You agree that Toke will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Platform user, we are under no obligation to become involved.

8.8. Release: In consideration of your use of the Platform, you hereby release and forever discharge Toke (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including claims related to privacy, receipt of text messages, personal injuries, death, and property damage), known or unknown, that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Platform users, Third-Party Interactions, or Third-Party Materials.

9. Medical Accounts and Prescriptions

9.1. Medical Access: Toke facilitates your connection with independent, “Registered Healthcare Professionals” and clinics for the purpose of medical consultation. Access to and eligibility for medical cannabis is not guaranteed and is subject to the sole discretion of the registered healthcare professional and compliance with all applicable local regulatory criteria in your jurisdiction.

9.2. Consultations: To be considered for a medical cannabis prescription, you may be required to undertake a consultation with a registered healthcare professional. Such consultations may be conducted in-person, via audio call, or via video call. The type of consultation required will be determined by the healthcare professional and may depend on your medical condition and local regulations.

9.3. Requesting Prescriptions: Toke acts solely as a facilitator and is not responsible for issuing medical cannabis prescriptions. The decision to issue a prescription, as well as the determination of the specific products to be prescribed, rests entirely with the registered healthcare professional you choose to consult with and they have sole clinical discretion in this matter.

9.4. Redeeming Prescriptions: A valid prescription issued by a registered healthcare professional can be redeemed by you at any licensed Medical Dispensary. However, we do not guarantee or warrant that the prescribed products will be in-stock or available at any given Medical Dispensary. The licensed Medical Dispensary has the sole discretion to verify and fill your prescription and is not obligated to dispense a product if it has any concerns regarding the validity of the prescription or the patient's identity.

9.5. International Prescriptions: Subject to local laws and regulations Registered Healthcare Professionals may issue international prescriptions for travel. The validity and redemption of such international prescriptions are subject to the specific rules and regulations of your destination country. We do not warrant that a prescription issued for international travel will be valid for issuance or redemption. The issuance and subsequent redemption of any international prescription are at the sole discretion of the issuing Registered Healthcare Professional and the registered Medical Dispensary in the destination country.

10. Orders for Delivery or Collection

10.1. Placing an Order: When you place an order on our platform, you are entering into a direct contract with the respective registered business partner (the “Vendor”) that is selling the good or service and The Vendor is responsible for all aspects of order fulfilment. Some orders may require approval from the Vendor before they can be processed. To comply with local regulatory requirements, your age must be verified and confirmed before an order can be processed.

10.2. Medical Orders: If you are placing a medical order, a valid prescription may be required for approval. This can be in the form of an electronic prescription (e-prescription) attached as a file to the order, or a physical paper prescription sent directly to the medical dispensary. For an order to be approved, the shipping or collection address on your account must exactly match the address listed on the prescription.

10.3. Delivery Orders: A shipping fee may be added to your order for delivery services. The availability of delivery will be listed clearly on the Platform and is at the sole discretion of the Vendor and all orders must be paid in full before they are dispatched for shipping. Toke is not liable for delivery and all information, services, estimates, and prices for delivery are provided by third party couriers. When the delivery is made, you may be required to present valid identification to confirm your identity and age. If you are not in for the delivery and your order has to be returned to The Vendor then you may still be required to pay for the delivery and service fees.

10.4. Collection Orders: If you choose to collect your order, you must select a specific collection time. You will have the option to pay for the order online at the time of purchase or in-person upon collection. Please note that there is no guarantee that your order will be fulfilled or ready for collection at the exact time you arrive, as this is subject to the Vendor’s operational capacity.

10.5. If Something is Wrong With the Order: Should you encounter any issues with your order, such as damaged goods, incorrect items, or any other discrepancies, you must contact the respective Vendor or courier directly. All returns, refunds, and cancellations will be handled in accordance with §14.

10.6. Tips: Tips can be provided to delivery riders where applicable. All tips go directly to the rider and are not subject to any service fees.

10.7. Donations: You may have the option to add a donation to your order All tips go directly to the rider and are not subject to any service fees.

10.8. Failed Payments: Toke reserves the right to suspend or terminate your access to the service if any payment fails or is not completed successfully.

11. Payments and Fees, Tips and Donations

11.1. Billing and Payment: All payments for goods and services purchased on Toke are processed through third-party payment providers. You agree to provide valid payment information and authorize Toke (or its third-party payment processor) to charge your chosen payment method for all applicable fees. Payments are typically processed in the local currency where the product or subscription is being purchased. All payments for products purchased through Toke must be made in full before the goods and/or services can be released.

11.2. Business Partner Transactions: Toke is not responsible for refunds related to products or services purchased from Business Partners via the Platform. Any refund requests for such transactions must be directed to the respective Business Partner in accordance with their own terms and conditions.

11.3. Taxes & Fees: All prices listed on the Platform are assumed to include any applicable Value Added Tax (VAT) unless explicitly stated otherwise. Toke charges a service fee of 5% for delivery orders unless otherwise stated, and reserves the right to amend this fee at anytime. You are responsible for any other taxes, duties, or charges imposed by governmental entities in connection with your use of the Platform or services. A breakdown of the Taxes and Fees for Orders can be found in the Order Summary.

12. Returns, Refunds and Cancellations

12.1. Requesting a Return: Return requests must be initiated by the customer directly with the Vendor from whom the product was purchased. The customer is responsible for adhering to the Vendor's individual return policy, including any time limits for return requests. It is at the sole discretion of the Vendor to approve or deny a return. You acknowledge and agree that the cost of returning a product, including any shipping fees or associated expenses, may be the sole responsibility of the customer. The Vendor's return policy will specify whether such costs are borne by the customer or the Vendor and can be found on the Vendor’s website.

12.2. Requesting a Refund: Refunds are processed by the Vendor in accordance with their individual refund policy. Our platform acts as the facilitator for the payment but does not hold the funds. If a refund is approved by the Vendor, the funds will be transferred back to the original payment method used for the purchase. The timing of the refund is subject to the Vendor's processing times and the policies of the financial institutions involved.

12.3. Cancellation by User: A customer may submit a request to cancel an order directly through our platform. A request for cancellation will automatically be successful only if it is received before the Vendor has confirmed the order. Once an order has been confirmed by the Vendor, the order may be cancelled at the sole discretion of the Vendor but may incur additional fees. If you cannot cancel and order then you must then refer to the Vendor's return policy to seek a return or refund.

12.4. Cancellation by Business: The Vendor reserves the right to cancel any order at any time due to circumstances including, but not limited to, product unavailability, regulatory restrictions, or technical issues. In such an event, the customer will receive a full refund, and no cancellation fee or other cost will be incurred by the customer.

12.5. Disputes: In the event of a dispute between you and a Vendor, our platform will act as the primary point of contact for resolution. You must submit all dispute claims to our support team. We will review the claim, communicate with both you and the Vendor to gather all relevant information, and mediate a resolution based on the documented terms of service and the circumstances of the order. Our decision in the matter will be final and binding on all parties.

13. Additional Feature Subscriptions

13.1. Toke Basic: A user who has signed up to the platform but has not subscribed to an additional feature subscription (“Subscription”) is classed as a “Basic User”. Basic users will be able to view the platform in their country of residence, however they will be restricted from, but not limited to, the following interactions: (a) viewing Product Summaries, Product Reports, and Product Properties; (b) Strain Summaries, Strain Reports, and Strain Properties; (c) joining or requesting to join Cannabis Clubs; (d) accessing Friend Finder; (e) redeeming Platform Credit; (f) adding, interacting with, or messaging Other Users; (g) accessing information or Platform features that exist outside outside of the User’s country of residence.

13.2. Toke Plus: Access to Toke Plus (“Plus User”) is available by paying a monthly fee of £0.99 (“Toke Plus Monthly”) or by paying a single fee of £9.99 (“Toke Plus Lifetime”) that grants the user indefinite access to Toke Plus. All payments are final and non-refundable once purchased. Toke Plus allows Users to access the Toke Basic features as well as the following interactions: (a) viewing Product Summaries, Product Reports, and Product Properties; (b) Strain Summaries, Strain Reports, and Strain Properties; (c) joining or requesting to join Cannabis Clubs; (d) accessing Friend Finder; (e) redeeming Platform Credit; (f) adding, interacting with, or messaging Other Users. Toke Plus Users are restricted from, but not limited to, the following interactions (g) accessing information or Platform features that exist outside outside of the User’s country of residence; (h) limited use of Friend Finder matching and interactions.

13.3. Toke Premium: Access to Toke Premium (“Premium User”) requires a Toke Plus Lifetime subscription and is available by paying a monthly fee of £XX.XX (“Toke Premium Monthly”) or by paying an annual fee of £XX.XX (“Toke Premium Annual”). All payments are final and non-refundable once purchased. Premium Users have access to the Toke Plus features as well as the following interactions: (a) accessing information or Platform features that exist outside outside of the User’s country of residence; (b) unlimited use of Friend Finder matching; (c) earned credit of £1.00 for every review of a product as part of a verified purchase.

13.4. Billing: By signing up for a subscription, you authorize us to charge your designated payment method on a recurring basis for the subscription fee. This will occur on a monthly or annual basis depending on the subscription plan you select with the exception of the Toke Plus Lifetime plan being as a single, non-recurring, one-off payment. You acknowledge that the amount billed each period may vary due to promotional offers or changes in your plan, and you authorise us to charge your payment method for such varying amounts. You are responsible for ensuring that your payment information is accurate and up to date.

13.5. Automatic Renewal: Your subscription will automatically renew at the end of each monthly, or annual, billing cycle unless you cancel it before the renewal date (“Automatic Subscription Renewal”). You can manage your subscription and cancellation preferences through your account settings on the Platform. The Toke Plus Lifetime fee does not involve automatic renewal.

13.6. Cancellations: You can cancel your subscription at any time. To cancel a subscription you can log in to your account and follow the cancellation instructions in the settings or contact our support team. Upon cancellation, you will retain access to the service until the end of your current billing period. No refunds or credits will be issued for any unused portion of your subscription term, except as outlined in the refund policy below. The Toke Plus Lifetime subscription is permanent and cannot be cancelled.

13.7. Refunds: All payments for subscription fees are non-refundable at the time of initial purchase. We do not provide refunds or credits for any partial subscription periods. The only exception to this policy is for Automatic Subscription Renewals, where a refund may be issued provided that both: (a) a refund request is submitted to our support team within 7 days of the renewal date; (b) you have not utilized any of the subscription features or services since the renewal. If both of these conditions are met, we will process a full refund for that specific renewal.

13.8. Failed Payments: If a payment fails, your access to the service may be suspended until a valid payment is received. We reserve the right to retry billing your payment method periodically to process any outstanding payments. In the event of failed payments for subscriptions, Toke reserves the right to suspend or terminate your access to the relevant subscription features until payment is successfully processed.

13.9. Termination by Company: If Toke terminates your access to the Platform or Subscription due to your breach of these Terms, no refunds will be issued for any pre-paid fees or subscriptions. If Toke discontinues the Platform or Subscriptions for reasons other than your breach, we may, at our sole discretion, offer a pro-rata refund for any unused portion of a pre-paid subscription.

14. Platform Credit

14.1. Platform Credit: These terms govern the earning and redemption of in-platform credit ("Credit") on our platform. Credit has no cash value and cannot be transferred, sold, or exchanged. Credit must be redeemed within the platform and has no cash value outside of these specified uses. Any unused Credit will remain in your account until its expiration or the termination of your account, whichever comes first.

14.2. Earning Credit: You can earn Credit by engaging in specific activities on the platform, including but not limited to successfully referring a new user who meets the criteria set out by the platform ("Referral Credit") and by submitting a valid review for a product or service ("Review Credit"). All Credit-earning opportunities are subject to the specific terms and conditions of that particular incentive program. We reserve the right to modify, suspend, or terminate any Credit-earning program at any time.

14.3. Pending Credit: Credit you have earned will be held in a "Pending" status until all conditions for its validation have been met. Credit will remain pending if: (a) a referred friend's registration is not verified; (b) a submitted review is not published or is declined for any reason, including but not limited to, not meeting our review guidelines. Pending Credit has no value and cannot be redeemed or applied to any purchases or subscriptions.

14.4. Available Credit: Credit will transition from a Pending to an "Available" status once all verification criteria have been successfully met. This includes a referred friend's registration being fully verified and a submitted review being published on our platform. Only Available Credit can be redeemed by the user in accordance with these terms.

15. Travel

15.1. Responsibilities: Our platform may be accessible in various countries and display information and enable transactions in different jurisdictions. However, you acknowledge and agree that you are solely responsible for understanding and abiding by all local laws and regulations in your region regarding the purchase, possession, and use of the products.

15.2. Cross-Border: If you intend to access or travel with medical cannabis, you are entirely liable for complying with all relevant local, national, and international laws, including but not limited to, laws concerning possession, transportation, and importation. We do not warrant that your prescription or products will be valid or legal in any foreign jurisdiction, and we are not liable for any legal consequences, fines, or penalties that may arise from your failure to comply with such laws.

16. Warranties, Disclaimers, and Liabilities

16.1. Limited Warranty: Toke warrants that the Platform will perform substantially as described in these Terms and on the Platform's official descriptions. We do not warrant that the Platform will meet your specific requirements or operate perfectly.

16.2. No Guarantee: Toke does not guarantee that the Platform will be uninterrupted, secure, or free from errors, viruses, or other harmful components. We make no guarantee regarding the results that may be obtained from the use of the Platform.

16.3. "As Is" Disclaimer: THE TOKE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED BY TOKE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. TOKE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TOKE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENTNESS, OR ERROR-FREE NATURE OF THE LAB REPORTS, STRAIN INFORMATION, PRODUCT INFORMATION, OR USER REVIEWS PROVIDED BY THIRD PARTIES OR OTHER USERS ON THE PLATFORM. YOU ACKNOWLEDGE THAT YOU RELY ON SUCH INFORMATION AT YOUR OWN RISK. TOKE IS NOT RESPONSIBLE FOR THE QUALITY, SAFETY, LEGALITY, OR ANY OTHER ASPECT OF THE CANNABIS PRODUCTS, MEDICAL SERVICES, OR PRESCRIPTION FULFILMENT PROVIDED BY BUSINESS PARTNERS.

16.4. Exclusion of Certain Damages: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOKE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TOKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE PLATFORM OR SERVICES.

16.5. Cap on Liability: IN NO EVENT SHALL TOKE'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF: (A) THE AMOUNT OF FEES PAID BY YOU TO TOKE FOR THE TOKE PLUS OR TOKE PREMIUM SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; (B) THE AMOUNT OF FEES PAID BY YOU TO TOKE FOR A SERVICE FEE ASSOCIATE TO THE ORDER GIVING RISE TO THE CLAIM; OR (C) FIFTY POUNDS STERLING (£50);.

16.6. Non-Excludable Liabilities: NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT TOKE'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

17. Indemnification

17.1. User Indemnity: You agree to indemnify, defend, and hold harmless Toke, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to: (a) your access to or use of the Platform; (b) your User Content; (c) your violation of these Terms; (d) your violation of any rights of a third party, including without limitation any Intellectual Property Rights or privacy rights; (e) your breach of any applicable laws or regulations, including those related to cannabis use or age verification; or (f) any transactions or interactions you have with Business Partners facilitated by the Platform.

18. Data Protection, Privacy and Communication

18.1. Privacy Policy Link: Your use of the Platform is also governed by our Privacy Policy, which is available [Insert Link to Privacy Policy Here]. Our Privacy Policy describes how we collect, use, and process your personal data. By using the Platform, you consent to such processing and you warrant that all data provided by you is accurate.

18.2. GDPR Compliance: Toke is committed to complying with applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the European Union's General Data Protection Regulation (EU GDPR), as applicable to the personal data we process. We implement appropriate technical and organizational measures to protect your personal data.

18.3. Data Security: We strive to protect your personal data using appropriate security measures. However, no method of transmission over the Internet or method of electronic storage is 100% secure. While we conduct age verification, we want to reiterate that Toke does not store any identification information provided during the age verification process on the Platform.

19. Confidentiality

19.1. Confidential Information: "Confidential Information" means any non-public information, whether written or oral, that is designated as confidential or that, by its nature, would reasonably be understood to be confidential. This includes, but is not limited to, trade secrets, business plans, financial information, technical data, product designs, and user data (excluding User Content intended for public display).

19.2. Obligations: Both parties agree to maintain the confidentiality of any Confidential Information received from the other party and to use such information only for the purposes of these Terms. Neither party shall disclose Confidential Information to any third party without the prior written consent of the other party, except as required by law or to their respective employees, agents, or contractors who have a need to know and are bound by similar confidentiality obligations.

20. Term and Termination

20.1. Term of Agreement: These Terms will remain in full force and effect while you use the Platform.

20.2. Termination Rights:

20.2.1. By You: You may terminate your account and these Terms at any time by following the instructions on the Platform or by contacting us using the details in Section 25.

20.2.2. By Toke: Toke may terminate or suspend your access to the Platform, or your account, at any time, with or without cause or notice, if we believe you have breached these Terms, or if required by law, or for any other reason in our sole discretion.

20.3. Effect of Termination: Upon termination of these Terms or your account, your right to use the Platform will immediately cease. Sections 2 (Definitions), 5.3 (User Content - License), 6 (Intellectual Property Rights), 9 (Warranties and Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 12 (Data Protection and Privacy), 13 (Confidentiality), 14.3 (Effect of Termination), 16 (Governing Law and Jurisdiction), 17 (Dispute Resolution), and 18 (General Provisions) shall survive any termination or expiration of these Terms.

21. Changes to Terms and Conditions

21.1. Right to Amend: Toke reserves the right to modify or replace these Terms at any time, in its sole discretion.

21.2. Notification: If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Notification may be provided via email, through a prominent notice on the Platform, or other reasonable means.

21.3. Acceptance of Changes: By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Platform.

22. Governing Law and Jurisdiction

22.1. Governing Law: These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

22.2. Jurisdiction: You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

22.3. Consumer Protection Caveat: Notwithstanding the foregoing, if you are a consumer habitually resident in an EU Member State, Switzerland, or any other jurisdiction where mandatory consumer protection laws apply, this choice of governing law and jurisdiction will not deprive you of the protection afforded to you by mandatory provisions of the law of your habitual residence.

23. Dispute Resolution

23.1. Informal Resolution: Before initiating any formal legal proceedings, both parties agree to first attempt to resolve any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof, through good faith negotiations.

23.2. Arbitration/Mediation (Optional): For disputes between Toke and Business Partners, or in other specific circumstances, Toke may, at its sole discretion, propose or require mediation or binding arbitration in accordance with rules agreed upon by both parties.

23.3. Online Dispute Resolution (ODR) for Consumers: If you are an EU consumer, you may use the European Commission's Online Dispute Resolution (ODR) platform for resolving disputes, available at https://ec.europa.eu/consumers/odr/.

24. General Provisions

24.1. Force Majeure: Toke shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials, or failures of telecommunications or information services.

24.2. Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

24.3. Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices published by Toke on the Platform, constitute the entire agreement between you and Toke regarding your use of the Platform and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter of these Terms.

24.4. Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Toke's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

24.5. Assignment: You may not assign or transfer these Terms, or any rights or obligations hereunder, by operation of law or otherwise, without Toke's prior written consent. Toke may assign or transfer these Terms, in whole or in part, without restriction.

24.6. Third-Party Beneficiaries: These Terms do not confer any rights or remedies upon any person other than the parties to these Terms and their respective successors and permitted assigns.

24.7. Headings: The headings in these Terms are for convenience only and shall not affect their interpretation.

25. Contact Information

25.1. How to Contact Us: If you have any questions about these Terms, the Platform, or our services, please contact us at: [Insert Company Email Address Here] or [Insert Company Physical Address Here].

Considerations

· § 4.5 - App platforms / regional downloads

o To do: add a provision where app will not be available for download in countries or regions where cannabis is not legal, “The Platform will not be available for download or use in jurisdictions where cannabis use, sale, or promotion is prohibited by law. Users are solely responsible for ensuring compliance with local laws.”

· § 2 - Medical advice disclaimer (strain advice, dosage guidance – i.e. promos and recommended products based on previous purchases)

o People suffering adverse health outcomes may claim reliance on Toke’s information

o To do: include a provision on how recommendations explicitly for dosages or strains should not be taken as medical advice? “Any strain, product, or dosage guidance displayed or recommended by the Platform (including automated suggestions based on your prior activity) is informational only and must not be relied upon as medical advice.”

· § 6 - add a right for Toke to remove, suspend, or edit reviews at its sole discretion if they are misleading, defamatory, or otherwise harmful.

· § 18 – International Use / Travel

· “Users are prohibited from exporting, importing, or transporting cannabis across international borders in violation of applicable laws. Toke disclaims liability for any resulting legal consequences.”

· § 14.6.2 - Subscription refunds

o Ensure this section is in accordance with any mandatory 14-day cooling off periods - “Where required by applicable law, you may have a statutory right to cancel within 14 days of purchase, unless you have accessed or used the subscription services, in which case you expressly agree to waive such right.”

o To do: look into the auto-renewals - To reduce regulatory risk, state clearly:

o “We will notify you in advance of any renewal charges, and you may cancel auto-renewal at any time through your account settings.”

· § 20.2 - Data protection/GDPR

o To do: outline technical measures on what would happen if a data breach occurs - to comply with UK/EU GDPR breach notification requirements.

o e.g., “In the event of a personal data breach, Toke will notify the Information Commissioner’s Office (ICO) and, where required, affected users within 72 hours of becoming aware of the breach, in accordance with applicable data protection law.”

o Clarity on Age Verification Data: says does not store ID information, but it would be safer to also clarify what third-party service processes and holds such data, and under what safeguards.

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