Description of Service

The Tokka Platform https://tokka.app is an online marketplace that enables registered users (“Heroes”) to publish services ("Listings"), which are the offering of the single or multi-day activities on the Tokka Platform (“Experiences”), and to communicate and transact directly with registered parents ("Parents") who are seeking to book Experiences for their children (“Children”). Heroes and Parents may be collectively referred to as ("Users").

We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.

As the provider of the Tokka Platform, Tokka does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Experiences, nor is Tokka an organizer or retailer of travel packages under Directive (EU) 2015/2302. Heroes alone are responsible for their Listings and Experiences. When Members make or accept a booking, they are entering into a contract directly with each other. Tokka is not and does not become a party to or other participants in any contractual relationship between Heroes and Parents. Tokka is not acting as an agent in any capacity for any Heroes or Parents, except as specified in the Payments Terms.

We conduct an initial review of Hero profiles and we facilitate Background Checks or Identification Verifications on Heroes conducted by a third party, but, except where explicitly specified in the Tokka Service (and then only to the extent specified), do not otherwise screen Heroes or Parents.

You should exercise caution and use your independent judgment before booking Experiences, or otherwise interacting with users via the Tokka Service. Parents and Heroes are solely responsible for making decisions that are in the best interests of themselves and their Children.

We may, at our sole discretion, modify these Terms of Service at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications. These Terms of Service were last modified as of August 20, 2020.

Copyright, Licenses and User Submissions

The entire contents of the Service are protected by international copyright and trademark laws and other proprietary rights. The owners of the copyrights and trademarks are Tokka, its affiliates and/or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SERVICE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, and not to share any material that you paid for with anyone else who has not also purchased a license for that material.

You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Service in a manner not authorized by Tokka in writing. You may not engage in practices of “screen scraping,” “database scraping” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by Tokka in writing. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Tokka or its affiliates without express written consent. You may not use meta tags or any other “hidden text” utilizing the Tokka name or trademarks without the express written consent of Tokka.

Content submitted by users for inclusion on the Service (including, without limitation, any information submitted on message boards, forums or other public areas of the Service) is sometimes referred to in these Terms of Service as “User Submissions.” Whether or not any User Submission is published, it will be subject to these Terms of Service. Tokka does not guarantee any confidentiality with respect to a User Submission, regardless of whether or not it is published. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions (and all content included therein), including the right to authorize Tokka to use the User Submissions in the manner contemplated by the Service and these Terms of Service.

You hereby grant to Tokka a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any User Submissions or any other materials or information (including, without limitation, ideas for new or improved products or services) you communicate to Tokka by all means and in any media now known or hereafter developed. You also grant to Tokka the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Tokka for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Tokka.

We and our agents have the right at their sole discretion to remove any User Submission or other content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for the Service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any such User Submission or other content. You hereby consent to such removal and waive any claim against us arising out of such removal of any User Submission, whether it is your own or another user’s. See “Copyrights, Licenses and User Submissions” above for a description of the procedures to be followed in the event that any party believes that a User Submission infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

Tokka will not tolerate violations of intellectual property rights on the Service. If you are a copyright owner and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). To provide Tokka notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” care of h[email protected] that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Disputes

While we may help facilitate the resolution of disputes, Tokka has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Hero Content (as defined below), or (iii) the performance or conduct of any Hero, Family or third party. Tokka does not endorse any Hero, User, Listing, or Services. Any references to a Hero and User being "verified" (or similar language) only indicate that the Hero and User have completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification, or guarantee by Tokka about any Hero and User, including of the Hero's and User's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to participate in an Experience or use other Services, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Tokka of any Host or Listing.

Account Terms

The following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:

  1. You must be of legal age to form a binding contract to register for the Service (in many jurisdictions, this age is 18). If you are not yet of legal age to form a binding contract, then you must get your Parent to read these Terms of Service and agree to them for you before you use the Service. If you are a Parent and you provide your consent to your child's use of the Service, then you agree to be bound by these Terms of Service with respect of your child’s use of the Service.