Terms: Consumer
Last modified: 15 January 2023
1. Introduction
These terms of use (the “Terms of Use”) govern your use of our website www.tgo.com (the “Website”) and our “Tgo” application for mobile and handheld devices (the “App”). The Website and the App are jointly called the “Platform”. Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with Tgo and you signify your acceptance to this Terms of Use and other Tgo policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same.
The Platform is owned and used by AIMS Soft Asia Private Limited, a private limited company incorporated under the Companies Act, 2007 and having its registered office at 349/2 Main St, Negombo 11500, Western Province, Sri Lanka. For these Terms of Use, wherever the context so requires, “you”, “user”, or “User” shall mean any natural or legal person who shall transaction on the Platform by supplying registration data while registering on the Platform as a registered user using any computer systems. The terms “Tgo”, “we”, “us” or “our” shall mean AIMS Soft Asia Private Limited.
Tgo enables transactions on its Platform between participating restaurants/merchants and buyers, dealing in (a) prepared food and beverages, (b) consumer goods, and (c) other products and services (“Platform Services”). The buyers(“Buyer/s”) can choose and place orders (“Orders”) from a variety of products and services listed and offered for sale by various merchants including but not limited to the restaurants, eateries and grocery stores (“Merchant/s”), on the Platform. Further, the Buyer can also place Orders for undertaking certain tasks on the Platform (“Tasks”).
Tgo enables delivery of such Orders or completion of Tasks at select localities of serviceable cities across Sri Lanka (“Delivery Services”) by connecting third party service providers i.e., pick-up and delivery partners (“PDP”) who will manage supplying the pick-up and delivery services and completing Tasks started by the users of the Platform (Buyers or Merchants). The Platform Services and Delivery Services are collectively called “Services”. For both Platform Services and Delivery Services, Tgo is merely acting as an intermediary between the Merchants and Buyers and/or PDPs and Buyers/Merchants.
PDPs are individual entrepreneurs engaged with Tgo on a voluntary, non-exclusive and principal to principal basis to supply afore-mentioned services for service fee. PDPs are independent contractors and are free to figure out their timings of work. Tgo does not exercise control over the PDPs and the relationship between the PDPs and Tgo is not that of an agent and principal or employee and employer.
For the pickup and delivery services and completing the Tasks, PDPs may charge the users of the Platform (Buyers or Merchants), a service fee (inclusive of applicable taxes whenever not expressly mentioned) determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery services/Tasks, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.
2. Amendment
These Terms of Use are subject to modifications. We reserve the right to modify or change these Terms of Use and other Tgo policies at any time by posting modified documents on the Platform and letting you know of the same for your perusal. You shall be liable to update yourself on such changes, if any, by accessing the same. You shall, at all times, manage regularly reviewing the Terms of Use and the other Tgo policies and note the changes made on the Platform. Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Terms of Use and other Tgo policies. As long as you comply with these Terms of Use, Tgo grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and Tgo policies (including but not limited to Cancellation & Refund Policy, Privacy Policy and Notice and Take Down Policy) as may be posted on the Platform from time to time.
3. Use of Platform and Services
All commercial/contractual terms are offered by and agreed to between Buyers and Merchants alone with respect to products and services being offered by the Merchants. The commercial/contractual terms include without limitation price, applicable taxes, delivery costs, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Tgo does not have any control or does not figure out or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants. Tgo may, however, offer
support services to Merchants in respect to Order fulfilment, mode of payment, payment collection, call center support and other ancillary services, following independent contracts executed by Tgo with the Merchants. The price of the product and services offered by the Merchant are figured out by the Merchant itself and Tgo has no role to play in such determination of price in any way whatsoever.
Upon acceptance of any Order or Task by the PDPs, the pickup and delivery services or Task completion services (as the case may be) undertaken by him/her, shall constitute a separate contract for services between Merchants/Buyers and PDPs. Tgo shall not be responsible for the services provided by PDP to Merchants/Buyers through the Platform. Tgo may, however, offer support services to PDPs in respect of Order fulfilment, payment collection, call center support, and other ancillary services, following independent contracts executed by Tgo with the PDPs.Tgo does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. You are recommended to independently verify the bona fides of any Merchant that you choose to deal with on the Platform and use your best judgment on that behalf. All Merchant offers and third party offers are subject to respective party terms and conditions. Tgo takes no responsibility for such offers.
Tgo neither make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or bought on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Tgo accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Tgo does not make any representation or warranty with respect to any aspect of the services being provided by the PDPs through the Platform including but not limited to pick up and delivery services and Task completion services to the Merchants or Buyers as the case may be.
Tgo is not responsible for any non-performance or breach of any contract entered between Buyers and Merchants, and between Merchants/Buyers and PDP on the Platform. Tgo cannot and does not guarantee that the concerned Buyers, Merchants and PDPs will perform any transaction concluded on the Platform. Tgo is not responsible for unsatisfactory or non-performance of services or damage or delays as a result of products which are out of stock, unavailable or back ordered.
Tgo is using an online marketplace and assumes the role of facilitator and does not at any point of time during any transaction between Buyer and Merchant and/or Buyer and PDP on the Platform come into or take possession of any of the products or services offered by Merchant or PDP. At no time shall Tgo hold any right, title or interest over the products nor shall Tgo have any obligations or liabilities in respect of such contract entered into between Buyer and Merchant and/or Buyer and PDP.
Tgo is only supplying a platform for communication, and it is agreed that the contract for the sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Buyer. In case of complaints from the Buyer about efficacy, quality, or any other such issues, Tgo shall notify the same to Merchant and shall also redirect the Buyer to the consumer call center
of the Merchant. The Merchant shall be liable for redressing Buyer complaints. In the event you raise any complaint on any Merchant accessed using our Platform, we shall aid you to the best of our abilities by supplying relevant information to you, such as details of the Merchant and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint.
Like the above, Tgo is only providing a platform for communication with PDP and does not provide any pick-up and delivery services or Task completion services with respect to the Orders placed by Merchants/Buyers on the Platform as it is merely easing Delivery Services by connecting the Merchants/Buyers with the PDP through the Platform. In case of complaints by the
Merchants/Buyers for deficiency or lapse in the delivery services or Task completion services provided by PDP, Tgo shall notify the same to the PDP and aid Merchants/Buyers to the best of its abilities to enable satisfactory resolution of the complaint.
4. Representations
4.1 By using the Service and/or Platform, you stand for, call for, and undertake that:
4.1.1. You should have the legal capacity to enter the Agreement and are at least eighteen (18) years old. You cannot enter the Agreement if you are below eighteen (18) years old.
4.1.2. You should supply true, exact, not misleading, current, and complete information as needed for the Service and undertake the responsibility to keep and update your information promptly to keep it true, correct, not misleading, current, and complete always during the term of the Agreement. You agree that Tgo may rely on your information as true, correct, not misleading, current, and complete.
If You acknowledge that if your information is untrue, inaccurate, misleading, not current, or incomplete in any respect, Tgo shall end the Agreement and your use of the Service at any time with 3day notice.
4.1.3. You should provide us with whatever proof of identity or any other documents, permits, licenses, or approvals we may request or require.
4.1.4. You acknowledge and agree that only one (1) account can be registered on one device, except as otherwise allowed by Tgo.
4.1.5. You should only use the Application, Platform, and Service for your intended and lawful purposes.
4.1.6. You should keep your account password or any identification we provide you with which allows access to the Service secure and confidential.
4.1.7. You are not authorized by others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity.
4.1.8. When using the Service/Platform, you agree to follow all laws applicable to you and/or your use of the Service/Platform.
4.1.9. You agree to let us know at once of any unauthorized use of your account or any other breach of security.
4.1.10. You will not try to interrupt, impair or harm the Service and/or Platform in any way, and shall refrain from:
(a) sending spam or otherwise duplicative or unsolicited messages;
(b) sending or storing infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights;
(c) sending material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
(d) interfering with or disrupt the integrity or performance of the Platform or the data contained therein;
(e) attempting to gain unauthorized access to the Platform or its related software, systems or networks;
(f) impersonating any person or entity or otherwise misrepresent your affiliation with a person or entity;
(g) engaging in any conduct thatcould possibly damage our reputation or amount to being disreputable;
(h) circumventing the proper operation of the Platform and network which the Service operates on; and
(i) using any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, to unduly burden or hinder the operation and/orperformance of the Platform, or to circumvent the navigational structure or presentation of the Platform or its content.
4.1.11. You should not try to commercially exploit any part of the Application without our permission. For the avoidance of doubt, you are not allowed to change or make derivative works based on the Platform, its content, or any part thereof in any way, or copy, reproduce, publicly display, distribute, or otherwise use or communicate them for any public or commercial purpose save where specifically allowed in writing by Tgo. This includes without limitation not to:
(a)create or compile, directly or indirectly, any collection, compilation, or another directory from any content displayed on the Platform except for your personal, non-commercial use.
(b) copy any content displayed through the Platform or “mirror” the Platform or any parts thereof on any other server or wireless or internet-based device, including reproducing any third-party
product content and reviews, for republication in any format or media, or navigational structure or presentation of the Platform or its content elsewhere.
(c) conduct data mining or scraping activities; and
(d) disassemble, decompile, reverse engineer, decrypt or try to derive any code or extract the software from the Platform or any software or services made available on or through the Platform.
4.1.12 You should not use modified devices or applications with the intent of evading detections or easing any activities intended to defraud Tgo or disrupt the natural functions of the Application.
4.1.13. You should not use the Application for sending or storing any unlawful material or for fraudulent purposes.
4.1.14. You should not use the Application and/or the Software to cause nuisance or behave inappropriately or disrespectfully towards Tgo or any third party.
4.1.15. You should supply exact, current, and complete information as needed for the Service and undertake the responsibility to keep and update your information promptly to keep it correct, current, and complete always during the term of the Agreement. You agree that Tgo may rely on your information as exact, current, and complete. You acknowledge that if your information is untrue, inaccurate, not current, or incomplete in any respect, Tgo has the right but not the obligation to end this Agreement and your use of the Service at any time with or without notice.(Tgo can end this Agreement and your use of the Service at any time without notice)
4.1.16. You should only use an access point or data account that you may use.
4.1.17. You agree that the Service is provided on a reasonable effort basis.
4.1.18. You agree that your use of the Service will be subject to Tgo’s Privacy Policy.
4.1.19. You agree to aid Tgo with any internal or external investigations as may be required by Tgo in following any prevailing laws or regulations in place.
4.1.20. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Tgo, or any other partybecause you breach this Agreement.
4.1.21. You provide us with the phone numbers of Tgo users and other contacts in your mobile phone address book regularly. You confirm that you may provide us with such numbers to enhance
your use of the Service.
4.1.22. You are aware that when requesting Solutions by SMS or by using the Service or accessing the Platform, standard telecommunication charges will apply.
4.1.23. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Tgo, or any other party because you breach this Agreement.
5. Compatibility
Different models or versions of routers, browsers, and devices may have firmware or settings that are not compatible with the Application, Platform, and Software. While we continuously develop the Application, Platform, and Software to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application, Platform, and Software are likely to be accessed, we do not call for the compatibility of the Application, Platform, and Software with specific mobile devices or other hardware.
6. Taxes
6.1. You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges, and/or costs, however, denominated, as may be applicable. You shall follow all applicable laws and take all steps needed to enable, aid, and/or defend Tgo to claim or verify any input tax credit, set off, rebate, or refund in respect of any taxes paid or payable in connection with the Service.
6.2. If you are a Partner, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.
7. Confidentiality
7.1. You shall maintain in confidence all information and data relating to Tgo, its services, products, business affairs, marketing, and promotion plans, or other operations and its associated companies which are disclosed to you by or on behalf of Tgo (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from Tgo, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information to use the Service, and shall not without Tgo’s prior written consent, show such information to any third party nor use it for any other purpose.
7.2. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
7.2.1. was at the time of receipt already in your possession.
7.2.2. is, or becomes in the future, public knowledge through no fault or omission on your part.
7.2.3. was received from a third party having the right to show it; or
7.2.4. must be shown law.
8. Data Privacy and Personal Data Protection Policy
8.1. Tgo collects and processes your Data through its Privacy Policy. The Privacy Policy applies to all Tgo’s Services and its terms are made a part of this Agreement by this reference.
8.2. Where applicable, you agree and consent to Tgo, its subsidiaries, and any of its affiliate companies collecting, using, processing, and showing Personal Data as further described in our Privacy Policy.
8.3. You acknowledge that Tgo may show the Personal Data of other individuals to you during your use of Tgo’s Services. You stand for and call for that you will only use such Personal Data for the purpose for which it was shown you by Tgo, and not for any other unauthorized purposes.
9. Third Party Interactions
9.1. During the use of the Service, you may enter correspondence or transactions with third parties who display or offer their goods and/or service through the Platform or Application. Any such communication or agreement is strictly between you and the applicable third party and Tgo and its licensors shall have no liability or obligation for any such communication or agreement. Neither Tgo nor any of its affiliate companies endorse any applications or sites on the Internet that are linked through the Platform or Application, and in no event shall Tgo, its licensors, or its affiliate companies manage any content, products, services, or other materials on or available from such sites or Partners. Certain Partners of transportation, goods, and/or services may require your agreement to added or different Terms of Service and privacy policies before your use of or access to such goods or services, and Tgo is not a party to and refuses all responsibility and/or liability arising from such agreements between you and the Partners. You acknowledge that such added or different terms of use and privacy policies may apply to your use of such third-party services. Tgo is not liable for any information that you provide to or authorize us to provide to a third party, or for such third party’s collection, use, and disclosure of such information.
9.2. Tgo may rely on third-party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn added revenue. You agree to receive such advertising and marketing. If you do not want to receive such advertising and marketing, please refer to our Privacy Policy for instructions to unsubscribe or update your privacy settings. You agree and allow Tgo to compile and release information about you and your use of the Service on an anonymous basis as part of a consumer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service and/or advertising or marketing material supplied by third parties through the Service.
9.3. We may include hyperlinks to other websites or content on the Internet that are owned or run by third parties (“Third Party Links “). Such Third Party are not under our control, and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy, or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
9.4. You acknowledge that in addition to utilizing data from the Data Sources listed in Section B the Application utilizes and modifies search results from Google Maps services and content and that by using the Application, you agree to comply with (1) Google Maps/ Google Earth Additional Terms of Services at https://maps.google.com/help/terms_maps.html; (2) the Google Privacy Policy at https://www.google.com/policies/privacy/; and (3) the Google Acceptable Use Policy at https://cloud.google.com/maps platform/terms/aup/. You further agree that when using the Application, you shall not:
(a) copy, change, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise try to extract any of the source code of Google Maps.
(b) sublicense, transfer or distribute Google Maps.
(c) sell, resell, or otherwise make Google Maps available to a third party as part of a commercial offering that does not have material value independent of Google Maps; or
(d) access or use Google Maps in a manner that is illegal, or which is likely to result in a circumvention of any fees payable to Google.
10. Indemnification
10.1. By agreeing to the Terms of Service upon using the Service, you agree that you shall indemnify and hold Tgo, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform, Software and/or the Application in your dealings with the Partners or Consumers (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Service, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Partners or Consumers arranged via the Service, or (d) your use or misuse of the Service, the Platform, Software and/or the Application; and (e) where applicable your ownership, use or operation of any property, including your provision of Solutions to Consumers via the Service .
11. Disclaimer of Warranties
11.1. The Application, its content, and any related service(s) are provided to you on an “as is” basis. Tgo makes no representations or warranties of any kind, express or implied, in connection with the Software, Application, Platform, Service, these Terms of Service, the content, or any related service(s). Although we make reasonable efforts to keep the Application up to date, we make no representations, warranties, or guarantees, whether express or implied, that such information is exact, complete, or up to date. We shall not be liable for any direct, indirect, or consequential loss arising from the modifications or amendments to the Software, Application, Platform, Service, or Terms of Service.
11.2. Tgo makes no representation or warranty of any kind whatsoever, express, or implied, in respect of Solutions provided by Partners or any Solutions gotten using the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Partners and shall have no recourse to Tgo in respect of the same
12. Internet Delays
The service, platform, application, and/or the software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the partners being faulty, not connected, out of range, switched off or not functioning. Tgo is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
13. Limitation of Liability
13.1. Unless otherwise said, and to the fullest extent allowed by law, any claims against Tgo by you(“You” as defined in introduction) shall be limited to the aggregate amount of all amounts paid by and/or due from you in using the service during the event giving rise to such claims. Tgo and/or its licensors shall not be liable for any loss, damage, or injury which may be incurred by or caused to you or to any person for whom you have booked the service or solution, including but not limited to:
13.1.1. Loss, damage, or injury arising out of, or in any way connected with the service, the platform, the application, and/or the software.
13.1.2. The use or inability to use the service, the platform, the application, and/or the software.
13.1.3. Any reliance placed by you on the completeness, accuracy, or existence of any advertising, or
13.1.4. As a result of any relationship or transaction between you and any consumer, partner, merchant, advertiser, or sponsor whose advertising appears on the website or is referred to by the service, the application, and/or the software,
Even if Tgo and/or its licensors have been previously advised of the possibility of such damage.
13.2. Tgo does not warrant and represent that it assesses or monitors the suitability, legality, ability, movement, or location of any consumers or partners including merchants, advertisers, and/or sponsors and you expressly waive and release Tgo from any and all liability, claims or damages arising from or in any way related to the consumers or partners including third party transportation providers, merchants, advertisers and/or sponsors.
13.3. Tgo will not be a party to disputes, or negotiations of disputes between you (“You” as defined in introduction) and consumers or partners including merchants, advertisers, and/or sponsors. Unless you are a corporate consumer with a current corporate account with, Tgo will not play any role in managing payments between you and the partners, including merchants, advertisers, and/or sponsors. Responsibility for the decisions you make about services and products offered via the service, the software, and/or the application (with all its implications) rests solely with and on you. You expressly waive and release Tgo from any and all liability, claims, causes of action, or damages arising from your use of the service, the software, and/or the application, or in any way related to the third parties including third-party transportation providers, merchants, advertisers and/or sponsors introduced to you by the service, the software and/or the application.
13.4. The quality of the solutions scheduled using the service is entirely the responsibility of the partners who ultimately provides such solution to consumers. You understand, therefore, that by using the service, you may be exposed to transportation that is potentially dangerous, offensive, harmful to minors, unsafe, or otherwise objectionable, and that you use the service at your own risk.
14. Notice
14.1. Tgo may give notice through the Application, electronic mail to your email address in the records of Tgo, or by written communication sent by registered mail or pre-paid post to your address in the record of Tgo. Such notice shall be considered given upon the end of 48 hours (about 2 days) after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give the notice to Tgo (such notice shall be considered given when received by Tgo) by letter sent by courier or registered mail to Tgo using the contact details as provided in the Application.
15. Assignment
15.1. These Terms of Service, as changed from time to time may not be assigned by you without the prior written approval of Tgo but may be assigned without your consent by Tgo. Any assignment by you in violation of this section shall be void.
16. Dispute Resolution
16.1. This Terms of Service shall be governed by Sri Lankan law, those rules and laws change from time to time.
17. Relationship
17.1 Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, or another form of a joint enterprise with Tgo.
18. Severability
18.1. If any provision of the Terms of Service is held to be invalid or unenforceable, the legality, validity, and enforceability of the remaining provisions shall not be affected or impaired.
19. No Waiver
19.1. The failure of Tgo to enforce any right or provision in the Terms of Service shall not be a waiver of such right or provision.
20. Entire Agreement
20.1. This Agreement forms the entire agreement between you and Tgo and supersedes any prior or contemporaneous negotiations or discussions.
21. Suspension and Termination
21.1. You agree that we may do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your Account and/or the availability of any products or services), for any reason; (ii) to modify or change any applicable policies or terms; and (ii) to interrupt the operation of the Application or any portion of the Application (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes. We shall not be required to compensate you for any suspension or termination.
22. No Third-Party Rights or Assignment
This agreement does not give rights to third parties not a party to it.
These terms and conditions (“User Terms”) apply to Your visit to and use of the Site whether through a computer or a mobile phone, the Service, and the Application, as well as to all information, recommendations and or services provided to You on or through the Site, and the Application.
By clicking on the “I ACCEPT” button or by using Tgo’s services, you are acknowledging and consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE SITE. If you do not agree to the User Terms, please do not use the Site or access any of the services offered on it. BY USING THE SITE AND ITS SERVICES, YOU ARE ENTERING INTO A BINDING AGREEMENT WITH TGO REGARDING YOUR USE OF THE SITE AND ITS SERVICES. Your access and use of the Services constitutes your agreement to be bound by these Terms, which sets up a contractual relationship between you and Tgo. Tgo reserves the right to end these Terms or any of their Services for you, or generally at any time and for any reason, without prior notice.
(Tgo ride/Tgo Food user)
Definitions
All the defined terms in these User Terms will have the meaning assigned to them here below:
I. “Account”: A customer’s account on the Application to access Tgo’s Services.
II. “Additional Fee”: Any added charges, such as tolls, duties, or taxes, incurred in supplying the Services and payable to third parties or government authorities as required by law.
III. “Applicable Laws”: All applicable laws, regulations, policies, and guidelines of any governmental authority in Sri Lanka.
IV. “Application”: The mobile application ‘T Rides’ provided by Tgo and updated from time to time.”
V. “Convenience Fee/Access Fee “: The fee charged by Tgo for value-added services such as technology services, door-to-door service, customer support, and cashless payment options. This fee may also include charges by third parti0es for access to certain locations, such as airports or railway stations.
VI. “Cancellation Fee”: A fee charged for canceling a ride or booking, as detailed in the User Terms and Cancellation Policy.”
VII. “Customer/ You”: a person who has an Account on the Application.
VIII. “City of Operation”: A city where customers and drivers access and supply transportation services, respectively. It should be noted that these services are supplied and accessed within the same city.
IX. “Driver”: An individual who has been evaluated, appointed by an operator associated with Tgo to supply transportation services. These individuals are registered with Tgo and own vehicles with necessary city taxi permits, and other applicable transport vehicle permits and licenses to provide transportation services within the City of Operation.”
X. “E-Wallet”: shall mean a pre-paid instrument, which can be used to make payments.
XI. “Fare”: The amount, in Sri Lankan Rupees, that you must pay for a ride as shown on the Application. This amount is based on the distance traveled and time taken for the ride and may be affected by several factors such as the availability of drivers on the platform at the time, the city, and any promotions offered by Tgo. The Fare may also include components to reflect any fares set by the government.
XII. “Tgo” or “us” or “we” or “our” shall mean AIMS Soft Asia Private Limited, having its registered office at 349/2 Main St, Negombo 11500, Sri Lanka which expression shall, unless it be repugnant to the context or meaning thereof, be considered to mean and include all its successors, affiliates and allowed assigns.
XIII. “Site” shall mean the Application and the website https://www.tgo.com/ run by Tgo or any other software that enables the use of the Application or such other URL as may be specifically provided by Tgo.
XIV. “Peak charge” shall mean added charge applied in the situation where the demand is more than the available supply.
XV. “Total Ride Fee”:
XVI. A fee that may be composed of one or more of the following components, which are based on various parameters such as the distance traveled, time taken for the ride, city of the ride, time of day, and availability of nearby drivers:
● Base fare
● Per kilometer fare (based on the total distance of the ride)
● Per minute charges (based on the time taken to complete the ride)
● Pre-wait charges (if any)
● Third party charges like insurance premium (if applicable)
● peak charges (when applicable)
● Past dues (if any); and
● Applicable taxes.
Both fares and peak charges may vary based on various market dynamics such as cost of living, fuel pricing, vehicle maintenance costs, interest rates, demand, and supply situation, etc.
Account
To access certain features of the platform, you may have to create an account with us and supply personal information. We reserve the right to cancel your username and/or password at any time without notice, and we will not be held responsible for any losses that may result from this cancellation.
You handle keeping your account details, including your user ID and password, confidential. You should take all necessary precautions to protect this information and at once inform us if you suspect that your password has been compromised. You agree that any access to the Site or use of any services offered through your account will be considered as authorized by you. You will be held responsible and liable for any actions taken or information accessed through your account, whether it was authorized by you. You agree to indemnify us against any losses that may arise from the unauthorized use of your account.
It is your responsibility to supply correct and complete information about your account and to update it in real time as needed. If there are certain pieces of information you are unable to update through your account on the site, you should contact customer service to request the changes. The site reserves the right to refuse access, end accounts, or remove or edit content at any time, and may ask that you update your personal data or invalidate your account at any time without giving a reason or prior notice. The text also recommends that you change your password periodically and to keep your account secure. You are also responsible for keeping your account confidential and will be liable for any unauthorized use of your username and password.
Cancellation Policy
Tgo will notify on the Application a Cancellation fee upon cancellation of a Ride. You agree and acknowledge that You may cancel Your request for Services at any point of time subject to a Cancellation Fee which is explained at https://helpcenter.tgo.lk/en. When you try to cancel a booking/service request, you will be informed of the applicable Cancellation Fee in advance through the Application and/or Site. You agree to pay this fee as part of the Total Ride Fee for the next ride or to pay any outstanding Cancellation Fees before taking the next ride, according to the payment terms in these Terms.
Relationship Driver-Passenger
TGO.lk is a platform that connects taxi drivers with passengers, but it is not a transportation company itself. Therefore, TGO.lk is not responsible for any actions or behaviors of the taxi driver. When using Tgo.lk’s services, the passenger acknowledges that they are doing so at their own risk. It is recommended that users exercise caution and good judgement when arranging rides through the platform.”
COMPENSATION FOR DAMAGES
As a user of TGO.lk, you agree to protect and defend the company and its representatives from any legal claims or damages that may arise from your use of the platform. This includes any incidents that may occur during a taxi ride, whether caused by the driver’s negligence or otherwise. You also acknowledge that TGO.lk is simply a scheduling service and is not responsible for any issues that may occur during a ride.
OBLIGATIONS, LIABILITIES AND RISKS OF PASSENGERS.
I. As a passenger, you confirm that you are using tgo.lk ‘s services voluntarily and of your own accord, and that you accept full responsibility for any risks associated with using the platform.
II. The driver has the right to accept or decline a ride request, and the passenger has the right to cancel the ride for any reason. TGO.lk is not responsible for any delays, cancellations, or miscommunication between the driver and passenger, nor for any failures on the part of the driver to supply the agreed-upon services.
III. The passenger acknowledges that there are risks involved in using tgo.lk and contracting taxi services and agrees to take reasonable precautions to protect themselves as a responsible user of the platform.
IV. The passenger understands that tgo.lk does not evaluate or select drivers, and that registering on the platform does not guarantee the suitability or qualifications of the driver. The passenger also acknowledges that the information provided by the driver or taxi company is self-reported and that tgo.lk is not involved in the contractual relationship between the driver and passenger.
Compliance with the law
tgo.lk prohibits the possession or consumption of illegal substances and open containers of alcohol in drivers’ vehicles. The platform also does not allow drivers to use drugs or alcohol while using the app. If a passenger suspects a driver may be under the influence, they should ask that the driver end the trip at once and inform tgo.lk.
tgo.lk also prohibits any form of human trafficking, including the commercial sexual exploitation of children, and any individuals who engage in this activity may lose access to the platform. It is the responsibility of both the driver and passenger to ensure safe travel, with the driver following rules of the road and the passenger following seat belt laws (where applicable). Drivers should also be mindful of drowsy driving and take breaks as needed.
(Tgo mall user)
Basis of the Contract
1. The Platform supplies a place and opportunity for the sale of Goods between the Buyer and the Seller (“Parties”). The identity of the Seller for a particular Goods listed for sale on the Platform may be said on the webpage listing such Goods.
2. When a buyer places an order on the platform for goods sold by a third-party vendor, and the third-party vendor accepts the order, a contract is formed directly between the buyer and the third-party vendor. The platform (Tgo) is not a party to this contract and has no obligations in connection with it. This means that the buyer and the third-party vendor are entirely responsible for the terms of the contract, the accuracy of the goods listing, and any warranties or guarantees related to the purchase. Essentially, the platform acts as a facilitator for the transaction but is not a party to the contract itself.
3. Any information provided on the platform about the goods being sold, including photographs, descriptions, and data about the goods, is for informational purposes only and is not binding. This means that the buyer cannot rely on this information as a representation of the goods and cannot make a claim based on it. When the buyer enters into a contract to buy the goods, they acknowledge that they are not relying on this information and waive any potential claims based on it. In other words, the buyer handles verifying the accuracy of the information about the goods before making a purchase and cannot hold the seller or the platform accountable for any inaccuracies or misrepresentations.
4. While the Seller tries to supply an exact description of the Goods, neither Tgo nor Seller warrants that such description is correct, current or free from error. If the Goods the Buyer receives is fundamentally different from the Goods as described on the Platform and which the Buyer has ordered, Tgo return & refund Conditions shall apply.
5. Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued or published by Tgo on the Platform shall be subject to correction without any liability on the part of Tgo.
Orders and Specifications
1. Order acceptance and the Contract between the Buyer and Seller will only be concluded upon Tgo issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Tgo shall be entitled to refuse or cancel any order without giving any reasons to the Buyer prior to issuing confirmation of dispatch. Tgo shall furthermore be entitled to require the Buyer to furnish Tgo with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
2. No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from Tgo and on terms that the Buyer shall indemnify Tgo in full against all losses (including loss of profit), costs (including the cost of all labor and materials used), damages, charges and expenses incurred by Tgo as a result of the modification or cancellation, as the case may be.
Price
1. The price of the Goods shall be the price said on the Platform when the Buyer places and completes the order form on it. The price includes any applicable sales tax or service tax, value added tax or similar tax which the Buyer shall be liable to pay to Tgo in addition to the price, but it excludes the delivery charges.
2. If a good is listed at the wrong price on the platform, the seller has the right to cancel the contract. The platform (Tgo) will notify the buyer of the cancellation on behalf of the seller (if the seller is a third-party vendor). The seller has the right to cancel the contract even if the good has already been shipped or is in transit, or if the buyer has already been charged for the purchase. This means that the seller has the right to cancel the contract at any point up until the good is received by the buyer, if it was mispriced on the platform.
Terms of Payment
The Buyer shall be entitled to make payment for the Goods using various payment methods made available on the Platform. When the Buyer places an order on the Platform, actual payment shall only be charged upon the Seller’s acceptance of the Buyer’s order and the formation of a Contract. All payments shall be made to Tgo accepting payment in its own right or as the Seller’s agent (where the Seller is a Third-Party Vendor). The Buyer acknowledges that Tgo is entitled to collect payments from the Buyer on behalf of Third-Party Vendors.
The terms and conditions applicable to each type of payment method, in Tgo on the Platform, shall apply to the Contract. The payment method may also be subject to the following terms:
I. Credit card payment option is available for all Buyers. Tgo accepts all Visa and MasterCard credit cards that are 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of the Buyers shall be protected by industry leading encryption standards.
II. Tgo accepts all Sri Lankan Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry-leading encryption standards.
III. Tgo provides ‘cash on delivery’ services in selected areas. Buyers may pay cash directly to the delivery agent upon their receipt of the purchased item.
Delivery
1. Delivery of the Goods shall be made to the address specified by the Buyer in his /her/its order.
2. Tgo has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.
3. Dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery of the Goods / performance of the obligation by the Seller shall not be of the essence, and Tgo shall not be liable for any delay in delivery or performance howsoever caused.
4. If Seller has failed to deliver the Goods by the Contract or within a reasonable time, the Buyer shall, informing Tgo help center through ‘www.helpcenter/tgo.lk’ be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days (about 2 weeks).
5. If Tgo does not do so within the specified time, the Buyer shall be entitled to end the Contract and claim a refund of payment in respect of the undelivered Goods.
6. Tgo shall be entitled at any time to demand the Buyer to deliver up the Goods to Tgo and if non-compliance Tgo reserves its right to take legal action against the Buyer for the delivery of the Goods and reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
Return & Refund
1. If your product is damaged, defective, incorrect, or incomplete at the time of delivery, please raise a return request on Tgo app or website. Return request must be raised within or within 7 days from the date of delivery.
2. The Buyer may only apply for return of the purchased Goods in the following circumstances:
i.The Goods delivered to the Buyer is defective and/or damaged on delivery.
ii.Goods, especially fashion items, do not fit.
iii.The Goods delivered to the Buyer does not match the agreed specification (e.g., wrong size, color, etc.) stipulated in the order.
iv.The delivered product is incomplete (i.e., has missing items and/or accessories).
3. To return your Tgo package, please repack the item in its original packaging, including any accessories, manuals, and free items that were included with the delivery. Make sure that the package is securely sealed, and that the product is undamaged and waits for collection by our pick-up service.
4. If your product is eligible for a refund, the delivery fee and the amount paid for the product will be returned to you. It takes 1-2 working days for the returned item to undergo quality control. The expected processing time for the refund is 7-14 working days.
5. If the quality control decides that the damage or defect is the fault of the seller, the seller will handle covering the pick-up service fee charged by Tgo.
Liability
The website allows other companies and individuals, separate from Tgo and its affiliates, to sell their products and services through the site. This can be done through a marketplace feature on the site, but the website operators do not take responsibility for ensuring the quality of these offerings or the information on the vendors’ websites. Additionally, the website may supply links to the websites of other businesses but will not be held responsible for their actions or products. It is important to pay attention when making transactions on the website, as they might be made with these third-party vendors, not the website operators directly. In these cases, the website may share your information with the vendor. It is recommended to read their terms and conditions and privacy statements before going ahead with any transactions with them. We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, expected savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not foreseeable to both you and us when you began using the Site.
Termination
We reserve the right to end this agreement and revoke your access to the site without notice. This may include the cancellation of your account and the revocation of any passwords or identification issued to you. If we decide to take this action, it will be effective at once and you will no longer be able to use the site. Please note that any rights or obligations that arose before the termination will still need to be fulfilled. Also, the site will not be held responsible for any consequences resulting from your access termination. If you have any issues or concerns with the site, your only choice is to stop using it.
Pricing, Availability and Order Processing
All prices on the site are listed in Rupees and include taxes. The price listed for an item in your shopping cart may differ from the price shown on the product’s detail page. Please be aware that placing an item in your cart does not guarantee the price shown at that time. Prices for items mayalso change between the time you add them to your cart and the time you buy them. We do not offer price matching for any items sold on our site or any other websites.
We strive to supply correct pricing information on the site, but errors may occur. In these cases, we reserve the right to cancel or refuse any orders. If an order is cancelled, our refund policies will apply to any prepaid orders.
Information about the availability of products is listed on the site, including on each product’s page. Please note that estimated dispatch times are not guaranteed and should not be relied upon as such. If any items you order are unavailable, you will be notified by email or SMS.
There may be instances where we are unable to process an order. In these cases, we reserve the right to refuse or cancel the order at any time. You may have to supply more information, such as your phone number and address, before we can accept your order.
To prevent credit or debit card fraud, we may need to verify your payment details and the personal information you have provided. This may include verifying your identity, place of residence, or banking information. If we do not receive a response to these verification requests within a reasonable time, the order will be automatically cancelled. We also reserve the right to cancel an order if suspect the risk of fraudulent use of banking instruments or for other reasons, without prior notice or any legal liability.
Representations & Warranties
We do not endorse or guarantee the quality, value, or salability of any products or services sold on the site by third parties. We are not responsible for any errors or omissions on the part of ourselves or third parties. We are also not responsible for any breaches of contract that may occur between you and the sellers. We are not bound to mediate any disputes or disagreements that may arise from transactions on the site. We do not have any rights or claims over the products or services offered by sellers on the site, and we are not responsible for the performance or nonperformance of any contracts between you and the sellers. We are also not liable for any damage or delays resulting from unavailable or out-of-stock products. Prices for products on the site may be incorrect due to technical errors, typographical errors, or other reasons. If this occurs, the seller or the site may cancel your order without notice or liability, and any prepaid amounts will be refunded according to our refund policy.
Seller’s responsibility
Seller shall effectively manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated on Seller’s listing and shall not post inaccurate or misleading information. Seller shall also ensure that the Seller properly and correctly categories each product that the Seller intends to list on the Site. The seller agrees to follow any updates to the guide provided by Tgo. If a product is incorrectly categorized, Tgo reserves the right to take necessary action as outlined in the Seller Education Hub. This article may be updated by Tgo at any time, and in case of a dispute over product categorization, the seller agrees that Tgo has the final say.
(T Booking Customer)
Searching
You can search for Host Services by specifying the type of host service you want, the destination you are traveling to, the dates of your trip, and the number of guests. You can also use filters to further refine your search results, showing only host services that have certain amenities or features. The search results are ranked based on their relevance to your search and other criteria, such as price, availability, reviews, customer service and cancellation history, and popularity. You can find more information about search results in our help center.
Bookings
When you receive the booking or a reservation confirmation, you agree to the contract with the host for the host services. This contract includes these terms and the terms of the reservation, such as the cancellation policy, payment policy, refund policy and any other rules, standards, policies, or requirements listed in the listing or during checkout. You manage following these terms as part of the reservation.
Before you confirm a listing, it is your responsibility to make sure you understand the rules, standards, policies, and requirements that apply to the reservation. It is important to read and understand these terms to avoid any misunderstandings or issues during your stay.
Responsibilities
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or supply access to any Accommodation, Experience or other Host Service. By accessing and using the T Booking Platform and any related content, you acknowledge that certain activities may involve inherent risks. You agree that, to the fullest extent you assume all responsibility for any risks that may arise from your use of the platform, including your stay at any accommodations, participation in any experiences, use of any other host services, or interactions with other members in person or online.
(T Medi Customer)
1. T Medi Customer/User must be over 18 years of age and registered with Tgo.
2. tgo.lk takes all precautions to strictly abide by the laws and regulations in the dispensing of prescription medications. By placing the order for your prescription medicines, you acknowledge and accept the following terms about the purchase of any prescription medicines.
3. tgo.lk will not dispense any prescription medication without a valid prescription from a licensed doctor/physician and Tgo assumes no responsibility for invalid prescriptions.
4. If you are ordering prescription medication(s), you hereby confirm that you will send us an image/scanned copy of your valid prescription(s) via tgo.lk and this prescription shall then be subject to the scrutiny of and approval by our qualified Pharmacist.
5. Tgo requires either the User or Customer or the Caregiver to confirm he/she is completely aware of the indications, side effects, drug interactions, effects of missed dose or overdose of the medicines he/she orders from us. It is imperative to seek professional advice from your physician before buying or consuming any medicine from Tgo.lk.