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Moonshine St. 14/05
Light City, London
00 (123) 456 78 90

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Terms and Conditions

1. Introduction

1.1 We are Jonathan and Chiang Limited, trading as “Toke”. Our company information is at the end of this document.

2. Some definitions

2.1 Here are some definitions which are used in this document (all capitalised):

 a) “App” – the Toke mobile application.

 b) “Bidder” – a User who uses our Service with a view to exchanging an Item or service with a Trader.

 c) “Content” – all information of whatever kind (including listings, chat, images, photos, audio, video, advertisements, messages, Reviews etc.), uploaded to our Service (including messages sent via our Service).

 d) “Exchange Contract” – a contract to exchange Items.

 e) “Item” – any item (including goods and/or services) offered for exchange by a Trader or Bidder.

 f) “Review” – any review, comment or rating.

 g) “Service” – our App and any related services.

 h) “Store” – the app distributor from which you download the App (e.g. Apple App Store, Google Play App Store).

 i) “Store Rules” – any applicable rules, policies or terms of the relevant Store.

 j) “Trader” – a User who uses our Service to list Items for exchange.

 k) “User” – persons using our Service (whether or not registered with us) including Traders and Bidders.

3. What this is all about – introduction to our terms and conditions

3.1 These are our terms and conditions which apply to our Service. We’ve tried to make them userfriendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.

3.2 These terms and conditions are an “end user licence agreement” between you and us (not the Store) in relation to our App (i.e. setting out how we allow you to use our App). You also agree to be legally bound by the Store Rules.

4. Changing our terms and conditions

4.1 We may change these terms and conditions by giving notice by email, SMS and/or in-app message. You will be bound by the new terms if you continue to use our Service following the effective date shown.

5. Forming a contract with us

5.1 By downloading our App, you enter into a legal contract with us.

6. Right to cancel (“cooling off”)

6.1 If you live in the “European Economic Area”, you have the right to cancel this contract subject to the provisions set out below.

6.2 However, you lose the right to cancel where the supply of digital content began before the end of cancellation period with your specific agreement and you acknowledged that your right to cancel would be lost in such case.

6.3 If you do have the right to cancel, please see the instructions at the end of this document.

7. To whom do we send or make available your personal information?

7.1 We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you (only Apple-branded where Apple Inc is the Store) subject to these terms and conditions and, where applicable, in accordance with the Store Rules.

8. Who can use our Service?

8.1 You must not use, or attempt to register on, our Service if:

 a) you are below 16 years of age; or

 b) display of or access to any aspect of this Service is illegal under the laws (if applicable) of the country from which you are accessing the Service; or

 c) you have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct, harassment or dishonesty.

8.2 Our Service is designed for, and may only be used by, people who genuinely intend to exchange an Item.

8.3 You must not use our Service in connection with a business.

9. Acceptable use of our Service

9.1 You undertake not to do any of the following in connection with the Service:

 a) breach any applicable law, regulation or code of conduct;

 b) upload any Content (including links or references to other content), or otherwise behave in a manner;

 c) upload any Content which includes someone else’s personal information unless that person is 18 years or over and you have obtained that person’s explicit written consent;

 d) impersonate any person or entity in order to mislead others;

 e) upload any Content which links to any third party websites which are unlawful or contain inappropriate Content;

 f) use the Service to provide a similar service to third parties or otherwise with a view to competing with us;

 g) use the Service for junk mail,spam, pyramid or similar or fraudulentschemes;

 h) do anything which may have the effect of disrupting the Service including denial of service attacks, worms, viruses, software bombs or mass mailings;

 i) do anything which may negatively affect other Users enjoyment of the Service;

 j) gain unauthorised access to any part of the Service or equipment used to provide the Service;

 k) intercept or modify communications to or from the Service;

 l) deliberately exploit any bugs found with the Service;

 m) circumvent any security or other features of the Service including features that restrict use or copying of Content; or

 n) attempt, encourage or assist any of the above.

9.2 You undertake to

 a) comply with any rules or requirements on our Service;

 b) promptly comply with any reasonable request or instruction by us in connection with the Service; and

 c) ensure that any contact or other information which you supply to us is accurate and not misleading and you will tell us if there are any important changes.

10. Items

10.1 You must only offer an Item for exchange if you own it or the owner has authorised you to give it away.

10.2 You must not offer for exchange any Items that are illegal or infringe any third party rights or are included on any Item prohibition list on our Service.

10.3 You must ensure that the description of your Item is reasonably accurate

10.4 You must carefully read the description of the Item you are receiving.

10.5 You must not ask for or accept payment for any Item from another User or pay or offer to pay another User for any Item. Our Service must only be used to exchange Items.

11. Your Content

11.1 You are responsible for your Content.

11.2 You guarantee you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated by the Service and these terms and conditions.

11.3 If you post a Review, you promise that it is your independent, honest, genuine opinion.

11.4 We reserve the right in our discretion without notice to edit the text or layout of listings or to locate or relocate listings on our Service in order to ensure that it complies with our terms and conditions and otherwise to the extent that we think fit (provided that you achieve prominence which is broadly equivalent to what we offer for your particular package).

11.5 We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities, or if we consider that Content does not meet our quality standards. If so, you must not attempt to re-publish or re-send the relevant Content.

11.6 It is your responsibility to decide which Content to upload (subject to these terms and conditions). We do not accept responsibility if your Content is misused by others as this is outside our reasonable control. Don’t upload any Content if you are concerned that it may be misused.

11.7 We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.

11.8 It is your responsibility to make your own backup of Content to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.

11.9 We may irretrievably delete your Content without telling you after this agreement ends.

11.10 Uninstalling the App may result in deletion of all Content on your device.

12. Dealing with other Users…

12.1 You accept that we have no obligation to vet or monitor other Users or their Items or Content. You rely on such information and/or deal with other Users at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users. It is your responsibility to carry out careful and detailed investigations before dealing with other Users including use of or reliance on their Content. You should not assume that any Content from another User is accurate and be aware that a person may not be who he or she claims to be.

12.2 You acknowledge that in using the Service you may encounter behaviour or Content which you consider inappropriate. If so, please email us to our email address shown below (including if you wish to give us notice of defamatory material). Please also use any available blocking mechanisms, seek relevant external help If appropriate (e.g. from law enforcement authorities) and/or stop using the Service.

12.3 When arranging through the Service to meet another person, you must take appropriate precautions and follow good common sense procedures. We cannot control what actually happens at such meetings which are at your own risk and are not our responsibility.

12.4 You acknowledge that we permit other Users to post Reviews in relation to you and/or your Items and that these will be publicly available for viewing and will remain so after this agreement ends. We are not responsible for monitoring or editing Reviews. You acknowledge that such Reviews may be critical or defamatory of you.

13. Exchanges (very important – we only provide a platform)

13.1 Our Service constitutes a neutral platform whereby Traders can arrange to exchange Items with Bidders. The Exchange Contract is between the respective Trader and Bidder and the terms are for the parties to determine providing that they are consistent with this agreement. It is the responsibility of the parties to agree the terms of the Exchange Contract including delivery arrangements before they agree to exchange Items. We are not a party to the Exchange Contract itself. You acknowledge that any legal recourse arising from breach of the Exchange Contract is against the other party to the Exchange Contract and not against us.

13.2 Traders and Bidders undertake to us (and to each other) that in connection with the Exchange Contract:

 a) they will comply with all applicable laws and regulations and will not infringe any third party rights; and

 b) they will only use any personal information of other Users strictly in accordance with applicable confidentiality and data protection laws and regulations.

13.3 Users acknowledge that we do not guarantee that use of our Service of itself will necessarily enable compliance with all applicable laws and regulations concerning the Exchange Contract and it is the responsibility of Users to satisfy themselves about this.

13.4 Users undertake to us that they will deal with other Users in a polite and courteous manner and will respond reasonably promptly to communications from other Users.

13.5 Users acknowledge that we do not guarantee that use of our Service will result in any particular number of successful exchanges.

13.6 If you have any complaint about another User, you must notify us promptly by email to our email address shown below. We may in our discretion help to try and resolve the dispute but we do not promise to get involved.

14. Other peoples’ services / advertising / websites

14.1 We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.

15. Guidance

15.1 If we ourselves provide any guidance or other general information on our Service, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.

16. Your account

16.1 Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You undertake not to allow any other person to use your account. You undertake to take reasonable care to keep your login information confidential and to notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

17. Discount codes

17.1 We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.

17.2 We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

18. Support

18.1 We do not supply support except to the extent specifically stated on our Service, as may be varied from time to time. You acknowledge that the Store has no obligation to supply any maintenance and support services in relation to the App.

19. Compatibility of App

19.1 We do not guarantee that the App is or will be compatible with any particular mobile devices or associated operating systems (OS’s). You must check that the App works on your applicable device before you subscribe. You acknowledge that the supplier of the device or OS may issue an update that causes our App to stop working. We may issue App updates through the Store; if so, you may not be able to use our App properly or at all until you have downloaded the update, which may be subject to agreement to new terms and conditions. It is your responsibility to frequently monitor for App updates and to install them as soon as they become available.

20. Functioning of our Service

20.1 We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service.

20.2 You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.

21. Ending or suspending this contract

21.1 You may at any time end this contract by closing your account in accordance with the instructions on our Service and by uninstalling the App from all of your devices. (This doesn’t entitle you to a refund unless you have “cooling off” rights, explained above.)

21.2 We are entitled at any time (with or without notice) to end this contract or suspend part or all of our Service or impose restrictions on our Service if:

 a) we have reason to believe that you have breached our terms and conditions;

 b) any fees payable by you are unpaid / unjustifiably charged back;

 c) we think that it is necessary to protect us or others; or

 d) we are required to do so by law or appropriate authority

21.3 We are entitled at any time end this contract by email notice and/ or by SMS and/or in-app message without refund if we terminate our Service as a whole.

21.4 If either of us ends this contract:

 a) Your right to use our Service and all licences are terminated.

 b) Existing rights and liabilities are unaffected.

 c) All clauses in this contract which are stated or intended to continue after termination will continue to apply.

 d) You must not attempt to re-register for or continue to use our Service if we have given you notice of termination.

22. Liability – restrictions on our legal responsibility (IMPORTANT)

22.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.

22.2 Very important: We shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

 a) there is no breach of a legal duty owed to you by us or by any of our employees or agents;

 b) such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);

 c) such loss or damage is caused by you, for example by not complying with this agreement; or

 d) such loss or damage relates to a business of yours.

22.3 Very important: You will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).

22.4 The following applies where Apple Inc is the Store:

 a) In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility subject to these terms and conditions.

 b) We, not Apple, are responsible for addressing your claims or the claims of any third party relating to the App or the end-user’s possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation including use of HealthKit and HomeKit frameworks.

23. Intellectual property rights(e.g. copyright)

23.1 The intellectual property rights in all material used on or in connection with our Service are owned by us or by our partners or other Users. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior written consent. You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.

23.2 Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.

23.3 You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.

23.4 If you upload any Content to our Service or provide us with any ideas or suggestions for our Service, you allow us at no cost, and forever, to use and adapt all or part of such material however we wish in any media formats, whether on our own Service or on our other channels including mobile, email communications, social media, PR, competitions and press releases and also on third party media, including for the purpose of redistribution or promotion of our Service. You waive your “moral rights” in relation to such Content to the extent legally allowed. You also allow each User to use your Content in accordance with these terms and conditions.

23.5 In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not the Store, will be solely responsible for the investigation, defence,settlement and discharge of any such intellectual property infringement claim.

24. Privacy

24.1 You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.

25. Events outside our control

25.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics.

26. Legal compliance

26.1 You promise that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. (This clause is required by Apple, Inc.)

27. Apple Inc is a “Third Party Beneficiary”

27.1 Where Apple Inc is the Store: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.

28. Transfer

28.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

29. English law

18.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. You will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at Our email address is at the end of this document.

30. General but important stuff

30.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated above). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.

31. Complaints

31.1 If you have any complaints, please contact us via the contact details shown below.

32. Company information

32.1 Company name: Jonathan and Chiang Limited

32.2 Trading name: “Toke

32.3 Country of incorporation: England and Wales.

32.4 Registered number: 12626886

32.5 Registered office: [Jonathan and Chiang Limited, Suite 50, 30 St Dunstan’s Street, Canterbury, Kent CT2 8HG, UK]

32.6 Main trading address: [Jonathan and Chiang Limited, Suite 50, 30 St Dunstan’s Street, Canterbury, Kent CT2 8HG, UK]

32.7 Contact email address:

32.8 Other contact information:

32.9 VAT number: [N/A]

33. Additional Terms for Users who download the App from the Apple iTunes App Store.

33.1 The app is free to download but also contains discretionary in-app purchase.

33.2 To exchange any product from application, we allow user to upload a post from application. That post will have the product or object information that the user is willing to exchange with any other product that is received as an offer from other user. It’s completely same as BARTER system that was present before year 2000.

33.3 We accept no responsibility for adver