Terms: Driver / Delivery Partner
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.
This Agreement (“Agreement”) is made and entered into by and between you, the undersigned contractor (“CONTRACTOR”, “You”, “Delivery Partner”, “PDP” , “Pickup and Delivery Partner”), an independent contractor engaged in the business of performing the services contemplated by this Agreement, and Tgo, Inc. (“Tgo,” “COMPANY,” “we,” “us,” or “our”). CONTRACTOR may enter this Agreement either as an individual sole proprietor or a corporate entity. This Agreement will become effective on the date it is accepted regardless of whether you are eligible to, or ever do, perform any Contracted Services.
PURPOSE OF THE AGREEMENT
This Agreement governs the relationship between Tgo and CONTRACTOR and sets up the parties’ respective rights and obligations. In exchange for the promises contained in this Agreement, CONTRACTOR shall have the right and obligation to perform the “Contracted Services” as defined here. However, nothing in this Agreement requires CONTRACTOR to perform any volume of Contracted Services during the term of this Agreement, and nothing in this Agreement shall guarantee CONTRACTOR any volume of business for any time.
CONTRACTOR shall have no obligation to accept or perform any particular “Delivery Opportunity” (as that term is defined here) offered through the Tgo platform. However, once a Delivery Opportunity is accepted, CONTRACTOR shall be bound to complete the Contracted Services following all consumer and merchant specifications and the terms laid out in this Agreement.
CONTRACTOR’S OPERATIONS
CONTRACTOR is that they use an independently established enterprise that supplies delivery and other services, and that they satisfy all legal requirements and have all necessary licenses and permits necessary to perform any services contemplated by this Agreement. As an independent contractor/enterprise, the CONTRACTOR shall be solely responsible for figuring out how to work their business and how to perform the Contracted Services.
CONTRACTOR agrees to provide Tgo with information that is true and accurate, and to promptly inform Tgo should any information require updating. CONTRACTOR agrees to fully perform the Contracted Services in a prompt, efficient, safe, and lawful manner.
CONTRACTOR shall not accept any delivery item having size, dimensions, or weight more than the below.
• 32cm (about 1.05 ft) x 25cm (about 9.84 in) x 12cm (about 4.72 in)
• 15 kg
As an independent business enterprise, CONTRACTOR keeps the right to perform services (whether delivery services or other services) for other businesses, and CONTRACTOR is that they advertise and hold themself out to the public as a separately established business. The parties recognize that they are or may be engaged in similar arrangements with other businesses to supply the same or similar services and nothing in this Agreement shall prevent CONTRACTOR or Tgo from doing business with others. Tgo does not have the right to restrict CONTRACTOR from performing services for CONTRACTOR’s own business, other businesses, customers, or consumers at any time, even if such business directly competes with Tgo, and even during the time CONTRACTOR is logged into the Tgo platform so long as such services do not otherwise violate this agreement. CONTRACTOR’s right to compete with Tgo, or perform services for businesses that compete with Tgo, will survive even after termination of this Agreement.
When signing up to be a user of the Tgo platform, CONTRACTOR’s information will be used to create an account. CONTRACTOR may not sign up more than once by creating multiple accounts.
CONTRACTOR acknowledges that when engaging with the Tgo platform on a mobile device, data usage and rates may apply.
By using the Tgo platform, CONTRACTOR also agrees to be bound by the Tgo Customer Terms of Service and that any breach of the Tgo Customer Terms of Service will be considered a breach of this Agreement.
CONTRACTED SERVICES
1. From time to time, the Tgo platform will let CONTRACTOR know of the opportunity to complete deliveries from restaurants to consumers following orders placed by consumers through the Tgo platform or directly from restaurants (each of these is referred to as a “Delivery Opportunity”).
2. For each Delivery Opportunity accepted by CONTRACTOR (“Contracted Service”), CONTRACTOR agrees to proceed to the restaurant or other business to retrieve the order in a safe and timely fashion, ensure the order is accurately filled according to the consumer, restaurant, and/or business specifications, and complete delivery of the order to consumers in a safe and timely fashion without taking any action that would change the quality or presentation of the items being delivered and while adhering to reasonable expectations on food safety, quality and health standards as required by the restaurants or other businesses and/or applicable law.
3. A Delivery Opportunity is considered complete when the order has been delivered to the ordering party, or, and only when applicable, placed in a designated area as selected by the consumer, in addition to any other task needed for completion of the delivery.
4. CONTRACTOR understands and agrees that the parameters of each Contracted Service are set up by the consumer, restaurant, and/or other business, not Tgo, and represent the result desired, not how CONTRACTOR is to carry out the result.
5. CONTRACTOR warrants that CONTRACTOR is engaged in CONTRACTOR’ sown business, separate and apart from Tgo’s business, which is to supply an online marketplace platform using web-based technology that connects contractors, restaurants and/or other businesses, and consumers.
6. CONTRACTOR authorizes Tgo, during a Contracted Service, to communicate with CONTRACTOR, consumer, and/or restaurant or other business to aid CONTRACTOR, or ease direct communication between CONTRACTOR and the consumer, restaurant, and/or business, to the extent allowed by CONTRACTOR, in easing deliveries.
7. If a customer chooses to use their personal credit or debit card, the CONTRACTOR shall make a request from Tgo through the platform and Tgo agrees to pay all invoices within 10 days (about one and a half weeks) of the request made.
8. In the event CONTRACTOR does not fully perform any Contracted Service (a “Service Failure”) due to CONTRACTOR’s action or omission, CONTRACTOR shall give up all or part of the agreed upon fee for that service.
9. If CONTRACTOR disputes responsibility for a Service Failure, the dispute shall be resolved following the Sri Lankan law.
RELATIONSHIP OF THE PARTIES
The parties acknowledge and agree that this Agreement is between two co-equal, independent business enterprises that are separately owned and used. The parties intend this Agreement to create the relationship of principal and independent contractor and not that of employer and employee. It is clarified between the parties that neither of the parties shall be liable for any action or omission of the other party in any manner. The CONTRACTOR shall not have any claim for permanent employment or employment benefits under any statutes / local laws.
SERVICE & CHARGES
At the time of availing the Platform Services for the first time from Tgo, the CONTRACTOR shall, at the discretion of Tgo, be needed to pay a registration fee to ‘Tgo’ of such amount and in such manner under Tgo from time to time.
2. The Delivery Partner shall, at the discretion of Tgo, be needed to pay the Registration Fee which is prescribed at the time of his joining in the city of his joining.
3. In consideration of Tgo making the Tgo Platform available to You, Tgo, at its discretion, may charge fee for supplying the Platform Services (“Platform Usage Charges”), which shall be notified to you by such means as Tgo may consider fit. Your continuous use of the Tgo Platform and the Platform Services after such notification shall be considered to be acceptance of the Platform Charges by You. The Platform Charges may be revised by Tgo, at its discretion, from time to time, without any notice.
4. The ‘CONTRACTOR ‘ confirms and acknowledges that by logging-into Tgo Platform, he agrees to be tracked by Tgo via GPS enabled tracking technology and Tgo may share this information with Users on a real-time basis for the purpose of enabling the status of the Delivery Services being provided by the Delivery Partner to the Users. The ‘CONTRACTOR’ further agrees that logging-in on the Tgo Platform shall be considered acceptance of the Delivery Partner’s intention to accept orders of Users to make the Delivery Services mentioned here.
5. In consideration for the Delivery Services provided by the ‘CONTRACTOR’ to the users of delivering food and beverages to the users, the ‘CONTRACTOR’ may charge the users a service fee (“Delivery Charges”), subject to such delivery charges being accepted by the user at the time of placement of the order.
6. You shall not charge the Users any amount over and above the amount of Delivery Charges agreed between You and Tgo under this agreement.
7. Notwithstanding anything contained in these Agreement, there shall be no obligation on the CONTRACTOR to be available on Tgo Platform for a minimum number of hours/days. The CONTRACTOR acknowledges that he/she has flexible timings and can chose to log-in the Tgo Platform anytime he/she wants and for howsoever long he/she wants, at his/her sole discretion.
Obligations of Delivery Partner
1. Delivery Partner makes himself/herself available to undertake Delivery Services as and when a request for the same is placed by User through the Tgo Platform.
2. The Delivery Partner shall use his/her personal vehicle (“Delivery Partner Vehicle”) for supplying Delivery Services. No vehicle of any kind shall be provided by Tgo under any circumstances.
3. The Delivery Partner shall ensure that the Delivery Partner Vehicle is well kept and in good condition so that there are no delays in rendering Delivery Services.
4. All expenses incurred in keeping, running, and riding the Delivery Partner Vehicle shall be borne exclusively by the Delivery Partner unless otherwise agreed by Tgo.
5. The Delivery Partner shall hold and have a valid driving license and a valid registration number for the Delivery Partner Vehicle, if required under the Applicable Law for the vehicle used by the Delivery Partner for supplying Delivery Services, which are up to date
and in subsistence throughout the Term of this Agreement. Copies of the driving license as well as the registration certificate of the Delivery Partner Vehicle, including any other Delivery Partner Information, shall be handed to the Tgo before beginning Delivery Services or at any other time considered proper by Tgo.
6. The Delivery Partner shall have valid and adequate insurance coverage to the Delivery Partner Vehicle. Delivery Partner shall ensure that the insurance is valid, up to date and in subsistence throughout the Term of this Agreement. if needed, a copy of the insurance policy shall be given by the Delivery Partner to the Tgo. The Delivery Partner further confirms that all premium payments towards the insurance policy shall be paid exclusively by the Delivery Partner. Under no circumstances shall Tgo be liable to make any payment with respect to such insurance.
7. During undertaking Delivery Services, the Delivery Partner shall conduct himself with honesty, discipline and following the policies and instructions of the Tgo, whether presently in force or adopted in the future, including but not limited to safety, driving rules, etc. The Delivery Partner shall also follow all Applicable Law including the provisions of the Motor Vehicles Act and its corresponding rules in Sri Lanka.
8. Delivery Partner shall not commit any fraud while supplying Delivery Services or otherwise commit any act or omission, to gain any undue advantage. Delivery Partner agrees and acknowledges that in case Tgo believes that the Delivery Partner has committed any of the foregoing while undertaking Delivery Services, Tgo shall, in addition to its right to terminate the Agreement, in its sole discretion reserve the right to disable the Delivery Partner from undertaking Delivery Services through the Tgo Platform for such time as it deems fit and /or deduct the undue gain made by the Delivery Partner through the fraudulent orders from the payout including incentives thereof and if any.
9. At no time whatsoever shall the Delivery Partner tamper, damage, open or do anything to the food and beverages orders of the Users that he/she is not specifically allowed to do. In case Tgo suffers any loss due to the Delivery Partner tampering, damaging or opening the packaging of food and beverages orders of the Users, Tgo shall have the right to recover any loss, if any, from the payments required to be made by Tgo to the Delivery Partner under this Agreement.
10. Where the Delivery Partner is required, under instructions from Tgo, to use his personal cash for the purpose of paying the Restaurant Partner to pay the Restaurant Partner for the value of the order for a cash on delivery order, then, the Delivery Partner shall collect the original receipt from the Restaurant Partner and re-collect his payment from the User by handing the original receipt. Any amount collected by the Delivery Partner from the Users, on behalf of, and due to Tgo, shall be deposited by the Delivery Partner with Tgo in such manner and at such methods as Tgo may instruct from time to time.
11. Notwithstanding Clause 10, where the Delivery Partner is required to collect the value of the order from the User but is not required to pay the value of the order to the Restaurant Partner, then any amount collected by the Delivery Partner from the Users, on behalf of and due to Tgo, shall be deposited by the Delivery Partner with Tgo in such manner and at such method as Tgo may instruct from time to time.
12. The Delivery Partner shall always keep the welcome kit in good condition and at once return it to Tgo, upon the termination of the Agreement. In the event the assets are not returned in a condition acceptable to the Tgo or not returned at all, Tgo retains the right to set-off the value of the welcome kit against the Security Deposit (if any) and / or payments required to be made by Tgo to the Delivery Partner under the Agreement.
13. The CONTRACTOR shall undertake the Delivery Services by himself/herself and shall not delegate the same to any individual or third party.
14. Upon receiving any order to make Delivery Services after logging-in the Tgo Platform, the Delivery Partner shall act and perform his role in an ethical manner and to the best of his abilities by ensuring a prompt pick-up and delivery. In case there are any delays due to traffic, the Delivery Partner shall inform the Restaurant Partner and the User and follow instructions as given by them.
15. The CONTRACTOR acknowledges that the goodwill and reputation of Tgo is at stake with how effectively and efficiently the Delivery Partner makes Delivery Services following the Agreement. Accordingly, the Delivery Partner shall not do any act that adversely affects Tgo and undertakes to be in compliance with Applicable Law at all times and protect the brand image, business reputation or any other asset/property of Tgo.
16. While logged-in the Tgo Platform, the Delivery Partner shall not engage in any illegal activity or perform any actions that are contrary to Applicable Law.
17. All Confidential Information obtained shall always be kept confidential and used only for the limited permitted purposes of rendering Delivery Services.
18. The Delivery Partner is not entitled to claim reimbursement of hospitalization/ hospital bills that may be incurred by the Delivery Partner while making Delivery Services for any unfortunate accidents or severe illness, during the subsistence of this Agreement.
Termination
1. Tgo reserves the right to end this Agreement and deactivate CONTRACTOR’S account at any time for any reason. The date on which the CONTRACTOR access to the Tgo Platform is intentionally blocked by the Tgo shall be considered as the Termination Date of this Agreement.
2. Without prejudice to the generality of the foregoing clause, Tgo reserves the right to end the Agreement with immediate effect for:
a. Any breach of the terms of the Agreement by the Delivery Partner.
b. failure to verify or authenticate Delivery Partner Information.
c. Misbehavior, rude behavior with the staff of Tgo, Restaurant Partners, Users or any other persons associated with the Tgo.
d. any action or omission by the Delivery Partner which can cause legal or contractual liability for Tgo including but not limited to fraudulent conduct, customer complaints, continuous unsatisfactory reviews by the Restaurant Partners or the Users, misconduct, negligence, and all other actions specifically prohibited under Applicable Law.
e. Any acts involving criminal offence punishable under law, including physical assault, threatening any of the staff of Tgo, person associated with Tgo and any other persons.
f. Poor & irregular for work, meetings and failure to abide by the rules / terms of contract.
g. Concealment of fact / material information while entering contract with Tgo.
h. Drunk while on duty and drunken behavior.
i. Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to Tgo’s brand and its image.
j. Indulging in acts such as creating ruckus/ strike/ or any activity against Tgo, which could be detrimental to the Tgo brand and its image.
k. Commission of fraud/ misappropriation/embezzlement for undue monetary gain, which is against the interest of the Tgo.
l. Misuse of assets provided by Tgo, which could be detrimental to the interest of Tgo’s brand and its image.
m. Doing any act unbecoming of a Delivery Partner
3. Upon termination of the Agreement, the CONTRACTOR shall return the assets provided by Tgo, within 24 hours from the Termination Date. In case the Delivery Partner does not do so, Tgo shall give up the Security Deposit (if any) and shall further reserve the right to set off the cost of assets against the payments required to be made by Tgo to the Delivery Partner under the Agreement.
4. Notwithstanding anything contained in this Clause, Tgo reserves the right to recover any amounts due and owed by the Delivery Partner and take proper legal actions that may be available under Applicable Law and equity for recovery of any amounts due.
5. In case the Delivery Partner intends to end the Agreement on his own, he must intimate Tgo in advance by giving a fifteen (14) days prior notice in writing, his intention to end the contract.