User Agreement

Legal

Effective Date: 28 June 2026 Version: 1.0

This User Agreement is a contract between Toker (the sole proprietorship, also trading as "Toker","we", "us") and you, the natural person who registers as a client on the Platform. By using the Platform, you accept this Agreement. If you do not accept, do not use the Platform.

This Agreement is in addition to the Privacy Policy, the Acceptable Use Policy, the Cookie Policy and the Refund & Cancellation Policy — each of which is incorporated by reference.

1. Scope

Governs your use of the Toker Platform (the website at https://go-toker.com and related URLs, the PWA, the API, and any associated communications). Does not govern your relationship with any shop you discover on the Platform; that relationship is between you and the shop and is outside the scope of this Agreement.

2. What Toker is (and is not)

  • An information directory service — allows you to discover cannabis shops in South Africa, view shop information, leave a rating, check in to confirm a visit, and purchase a Day Pass.
  • Not a cannabis retailer, wholesaler, distributor, or transporter. Toker does not sell, ship, deliver, advertise, or promote cannabis or any cannabis product. Toker does sell Toker-branded merchandise (e.g. t-shirts, accessories) via third-party dropship and dropservice providers; the merchandise is not cannabis or a cannabis product, and Toker does not take title to it or perform the delivery in-house — see the Delivery Policy.
  • Not your agent, partner, or joint venturer with any shop.
  • Not an advertising service for cannabis. Where a shop lists categories such as "Vape", "Hookah", "Cigars", or "Smoking Accessories" in its directory listing, those categories describe the type of shop — they are not product listings, advertisements, or endorsements.

3. Eligibility

You may use the Platform only if:

  • You are a natural person at least 18 years of age
  • You are legally competent to enter into a binding contract under the laws of South Africa
  • You are not a person who is prohibited from using the Platform under any applicable South African law (including any order under FICA 38 of 2001)
  • You are not impersonating any other person

Local law notice: Toker is an information directory that does not sell or promote cannabis. The legal age for possession, purchase and consumption of cannabis in South Africa is governed by the Cannabis for Private Purposes Act 37 of 2024. Toker is not responsible for verifying your eligibility to enter any particular shop or to purchase any product from a shop. That responsibility rests with the shop, with you, and with the law.

4. Account registration

To register:

  1. Visit /auth and complete the form
  2. Provide first name, surname, valid email, valid SA cellphone number (or a number from a country we support from time to time)
  3. Choose a password that meets the strength requirements
  4. Accept this Agreement and the Privacy Policy
  5. Click "Register"

You agree to provide accurate, current and complete information, keep your password secure, not share your account, and notify Toker immediately of any unauthorised use.

5. The Day Pass service

5.1 What a Day Pass is

A Day Pass is a digital entitlement, purchased by you from Toker through the Platform, that grants you access to a particular shop's premises for 24 hours from the time of purchase. The Day Pass is a marketing key sold by Toker — a service you buy from Toker, not from the shop. Toker keeps the entire Day Pass revenue; the shop receives no portion of it.

The Day Pass does not:

  • Entitle you to any cannabis product, free or discounted product, sample, or promotional gift
  • Guarantee that the shop will be open at the time you arrive
  • Constitute an endorsement by Toker of any product sold at the shop
  • Create any contractual relationship between you and the shop in respect of products you may or may not purchase from the shop

5.2 How to buy a Day Pass

  1. Browse to a shop's profile page (/shop/:shopId)
  2. Click "Buy Day Pass"
  3. Confirm the price (in the currency shown at checkout, including VAT where applicable)
  4. Enter payment details through the payment processor
  5. Authorise the payment

On success:

  • A unique Day Pass code is issued
  • The Day Pass is listed at /dashboard/client/day-passes
  • The shop sees the Day Pass code, its status and validity window, and an opaque account identifier for you — not your name (see Privacy Policy §7.2)
  • Your purchase record (code, amount, date) is available from your wallet at /dashboard/client/day-passes; no separate email receipt is sent

5.3 Price and VAT

Prices are set by Toker, at its sole discretion, and are subject to change. The price displayed at checkout is the price you pay. Toker is not a VAT vendor; prices are not subject to VAT.

5.4 Validity

A Day Pass is valid for 24 hours from the moment of purchase. It does not expire at midnight and is not tied to a calendar day: a Day Pass bought at 22:00 remains valid until 22:00 the following day. Validity runs from the purchase timestamp recorded by the Platform, and the exact expiry time is shown on your pass. Valid only at the shop for which it was issued.

5.5 Refunds

Governed by the Refund & Cancellation Policy. In summary: non-refundable once issued, except where the shop has cancelled the visit, the shop is closed, the shop has misrepresented its services, or we are required by law to refund.

5.6 Consumer Protection Act cooling-off right

Under the Consumer Protection Act 68 of 2008, you have a right to cancel an advance booking within 5 business days (CPA s.16 read with s.20). However, the CPA itself carves out services that have been fully performed within the cooling-off period. Because a Day Pass is consumed on the day of purchase and is a digital entitlement that cannot be "returned" once delivered, the cooling-off right will not apply in most cases. Where you have purchased a Day Pass but have not yet used it and it has not yet expired, you may request cancellation under the Refund Policy.

6. The gamification system (XP, levels, badges, challenges)

6.1 What the gamification system is

The Platform awards you experience points (XP), levels, badges and challenge progress when you perform certain actions (signing in daily, checking in at shops, leaving a rating, purchasing Day Passes, etc.). The gamification system is a cosmetic reward system that makes the Platform more engaging.

6.2 What the gamification system is NOT

The gamification system is not a prize, lottery, gambling service or competition. It is not financial in nature. It has no monetary value. It cannot be:

  • Redeemed for cash, ZAR, cryptocurrency, or any currency
  • Transferred, sold, gifted, or assigned to another person
  • Used to obtain any discount, rebate, or price reduction on any Toker service
  • Used to obtain any cannabis product, free sample, or benefit from any shop
  • Exchanged for any goods or services from any third party

6.3 National Gambling Act disclaimer

The gamification system does not constitute a "gambling game" or "bet" as defined in section 1 of the National Gambling Act 7 of 2004, because: you do not stake anything of value, no prize of monetary value is offered, the outcome is not determined by chance, and the activity is not offered through a licensed gambling premises. Toker is not registered with any provincial gambling regulator because the gamification system does not require registration.

7. Ratings

7.1 How ratings work

After visiting a shop and checking in on the Platform on the same day, you may leave a single numeric rating from 1 to 10 for that shop. The rating is publicly visible on the shop's profile page. That is the entire rating interface — a single number per visit.

7.2 What Toker is not (ratings)

Toker is not a review or comment platform. We do not host written reviews, comments, or any other text feedback about shops. If you want to write a text review of a shop, use a third-party platform such as Google. Toker collects and displays only a single number per visit.

7.3 Immutability

Ratings are immutable once submitted. You cannot edit or delete a rating. If you believe a rating you submitted contains an error, contact support@go-toker.com and we may append a correction note at our discretion.

7.4 What you may not do

  • Submit a rating for a shop you did not visit on the day you checked in
  • Collude with other users to artificially raise or lower a shop's rating
  • Use automated tools, bots, or paid services to submit ratings
  • Attempt to identify who left a particular rating

7.5 Disclosure of ratings

Your rating is publicly visible on the shop's profile page as a number. The shop owner sees the rating value but not your identity. Toker does not display your name, account, or any other identifying information alongside your rating.

8. Your content

You retain all intellectual-property rights in Your Content. You grant Toker a worldwide, non-exclusive, royalty-free, sublicensable licence to use, reproduce, modify, adapt, publish, translate, distribute and display Your Content for the purpose of operating the Platform, enforcing this Agreement, and improving our services. Your Content must comply with the Acceptable Use Policy.

9. Platform availability

We aim to make the Platform available 24/7, but do not guarantee uninterrupted availability. We may suspend, restrict or withdraw the Platform, in whole or in part, for maintenance, security incidents, compliance with a legal obligation, or events beyond our reasonable control. No refund of any Day Pass is payable solely by reason of a Platform suspension, except as required by the Refund Policy or by law.

10. Disclaimers

To the maximum extent permitted by South African law:

  • The Platform is provided on an "as is" and "as available" basis
  • Toker makes no warranty that the Platform will be uninterrupted, error-free, secure, or free of harmful components
  • Toker does not warrant the accuracy of any information provided by a shop or another user
  • Toker does not warrant that any shop will remain open, in business, or compliant with any law
  • Toker does not endorse any shop, any product sold by a shop, or any service offered by a shop

Nothing in this clause limits any warranty or guarantee that cannot be excluded under the CPA or any other applicable South African law.

11. Limitation of liability

To the maximum extent permitted by South African law:

  • Toker is not liable for any indirect, incidental, special, consequential, or punitive damages
  • Toker is not liable for any loss of profits, revenue, goodwill, anticipated savings, or data
  • Toker's total aggregate liability to you for all claims in any 12-month period is limited to the greater of (a) the total amount you have paid to Toker for Day Passes in that period and (b) a liability cap set by Toker from time to time
  • Nothing in this clause limits Toker's liability for fraud, for death or personal injury caused by negligence, for breach of the CPA, or for any other liability that cannot be excluded under South African law

12. Indemnity

You indemnify Toker, its directors, employees, agents, and affiliates against any claim, demand, loss, liability, damage, or expense (including reasonable legal fees) that arises out of your breach of this Agreement, your misuse of the Platform, or your violation of any South African law.

13. Suspension and termination

You may terminate this Agreement at any time by asking us to close your account: email privacy@go-toker.com, or open a support ticket with the subject "Account Deletion". We process account-closure requests within 7 days. There is currently no self-service close-account button in your profile; a request by either route above is all that is required. We may suspend or terminate your access with or without notice if you breach this Agreement, the Privacy Policy, the AUP, or the Refund Policy; if your continued use poses a security or fraud risk; if required by a South African court, regulator, or law enforcement agency; if your account has been inactive for more than 24 months; or if we are ceasing to operate the Platform in South Africa.

14. Changes to this Agreement

Material changes are emailed to you at least 30 calendar days before the change takes effect.

15. Resolving disputes

If you have a dispute with us, please first email legal@go-toker.com with a description of the dispute. We will try to resolve it informally within 10 business days.

This Agreement is governed by the laws of the Republic of South Africa. You and Toker submit to the exclusive jurisdiction of the Magistrate's Court for any dispute arising from or related to this Agreement, except where the claim exceeds the Magistrate's Court jurisdictional limit, in which case the South Gauteng High Court, Johannesburg has exclusive jurisdiction.

Class-action waiver: to the extent permitted by law, you waive any right to participate in a class, collective, or representative action against Toker.

16. Miscellaneous

Entire agreement; severability; no waiver; assignment (you may not assign; Toker may assign to a successor in interest); notices (we may give notice by email, push, or posting on the Platform; you by email to legal@go-toker.com or registered post to the registered address).

17. Contact