Terms: Merchant
Last modified: 15 June 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.
For TgoFood Merchants:
As a merchant working with Tgo Food, you must follow some extra rules, in addition to the ones that apply to all Tgo partners. If there are any conflicts between these rules and any other agreements you have with Tgo, the other agreements will be more important.
General Terms and Representation:
You cannot sell alcohol through the app. If a merchant breaks this rule, Tgo isn’t responsible, and any legal action will follow Sri Lankan law.
Refunds
If Tgo gives a refund to a customer on your behalf, it will be done according to Tgo Refund policy.
Creation and Monitoring of Self-funded Marketing Activities
You might be able to make a campaign or place an ad on the app using our tools, but you will need to pay for all associated costs. To take part, you’ll need to share details like the type of activity, budget, and duration. The available types of activities may change, and they’re supplied as-is.
If you agree to take part in a Marketing Activity, you’re accepting these added terms:
a) Any information you give through your account, including your consent to take part in a marketing activity, will be considered as gave by you. It’s your responsibility to ensure only authorized individuals have access to your account.
b) Any information you give us through the app needs to be complete, truthful, exact, and not misleading.
c) You need to genuinely intend to take part in a marketing activity and not mislead consumers. If we suffer losses or damage due to the marketing activity, you’ll need to compensate us.
d) The way a marketing activity is managed may vary depending on the type of activity you choose. You agree to review all the information we provide about each activity and to clarify any questions with our personnel before taking part. By agreeing to take part, you also agree to the specific management of that marketing activity.
e) You’re responsible for handling any complaints or questions from users related to the marketing activity.
f) If you need to end, pause, or update a marketing activity (for example, if an item is out of stock or you want to change thebudget), you need to let us know right away using the process we specify. Until the process is complete, you’ll still handle any associated costs and hand in any complaints or questions from users related to the activity.
g) Your agreement to take part in a marketing activity doesn’t show our approval that the activity follows applicable laws. You’re solely responsible for keeping any information supplied confidential and for ensuring that the activity followsall applicable laws.
h) We reserve the right to cancel, suspend, or change a marketing activity, even though we do not check it.
i) We may supply information related to the Marketing Activity, which is considered part of the application’s content.
j) You manage paying all costs and expenses related to the Marketing Activity and the payment method.
k) If you suspect that someone has used your account to create a Marketing Activity without your permission or there has been a breach of security, you must let us know at once. You will handle any losses or damage we incur from unauthorized use of your account, including any costs or expenses related to the Marketing Activity. We are not responsible for any losses you may suffer if
someone else uses your account.
l) You accept that we may round up or down any amount payable to you by Consumers under the Marketing Activity according to our internal policies, which may change periodically.
Submission of Content or Information
a) We do not own any content or information you provide to us.
b) If you supply content that’s covered by intellectual property rights, you grant us a license to use, change, and distribute it.
c) We may give you the choice to amend content or information provided by you or consumers.
d) You’re responsible for managing any complaints or queries by consumers about the amended content or information.
e) We reserve the right to remove or amend any content that we consider inappropriate or offensive.
f) You must ensure that the content or information you supply is proper, correct, and doesn’t infringe any third-party rights.
g) If you amend any content gave by consumers, you must obtain their consent and we’re not responsible for any amendments you make.
h) We reserve the right to carry out rectification measures to resolve disputes or complaints related to the amendments made.
Merchant Access to Tgo Platforms
If you are a Merchant, Tgo may let you access and manage your confidential business information through an account on the platform. You can also allow other authorized people to access this information through their own accounts. But you need to agree to certain terms and conditions.
a. You and any authorized users must follow all the terms and policies for accessing and using the platform and your account. This includes the rules listed here, which authorized users must follow as if they were you. These rules may be updated periodically.
b. Simply put, you manage ensuring that Merchant Authorized Users have permission to access and use the Business Information. You must give Tgo written notice at least 30 days (about 4 and a half weeks) before stopping or ending your relationship with a Merchant Authorized User or if their use is suspended. If Tgo or its affiliates are unable to end or suspend the use of a Merchant Authorized User, you must ensure they no longer have access to the Account, Business Information, or Platform by other means, and Tgo will not be held responsible for this.
c. The information provided by Tgo and its affiliates, including Business Information, is supplied as is, and they do not give any warranties or representations (whether express or implied) about its accuracy, quality, timeliness, reliability, or completeness. You manage evaluating the information.
d. Simply put, you manage each Merchant Authorized User’s account, their use of the Business Information, and the Platform(s). Tgo and its affiliates are not responsible for any losses you may incur as a result of this responsibility.
e. Tgo retains the right, without obligation, to ask that you provide information on your relationship with each Merchant
AuthorizedUser. Additionally, Tgo may, at its sole discretion, impose further conditions for the use of the Platform(s), including the payment of an added fee, or end or suspend access to the Account(s) and/or Platform(s) for any Merchant Authorized User.
f. Tgo may ask you for information about your relationship with each Merchant Authorized User, and it may also decide to add extra conditions or fees for using the Platform(s). At Tgo’s sole discretion, it can also suspend or end any Merchant
Authorized User’s access to the Account(s) or Platform(s).
Personal Data
We may use the information you supplied when registering as a merchant on our system, which includes your data as described in the Privacy Policy, to link to your account and ease your business on the application. You agree to let us transfer and store this information for this purpose, and we may check your use of the account and application to provide you with
information about your business and account.If you receive personal data from the application, you must only use it for the specific purpose it was provided, and you must remove it since you no longer need it. For example, if you receive personal data of a consumer to confirm an order, you can only use it for that purpose and must remove it when you no longer need it.
Hyperlinks
If you want to use or link to any content on our application, you need to get our written approval first. You can send us an email to request approval, but you cannot use any of our content for commercial purposes without our approval. Even if we approve the linking, you can’t suggest any association, approval, or endorsement on our part where none exists. You also can’t frame our application on any other site. We can withdraw linking permission without notice, and you can’t link to our application on any site that prohibits it or could harm our reputation.
Content of the Application
We can change, remove, or update any content on the application without notice, including product availability, descriptions, pricing, promotions, offers, and shipping charges. If there are any errors, inaccuracies, or omissions, we may take measures to correct them, update the information, or cancel orders. However, we have no obligation to update or clarify any information on the application, except as required by law.
Any update or refresh date shown on the application does not show that all information has been changed or updated. We will not be liable for any losses or damages arising from the changes made to the application or any rectification measures we take.
Payment Method
Regardless of any other provisions, in order to settle any amount, you owe to Tgo or its affiliates, you give authorization for Tgo and its affiliates to deduct the amount owed directly from any amount owed to you as a Partner. This includes any balance you may have in your merchant wallet on the application. After the deduction, the remaining amount will be credited to the bank account(s) you have instructed us to transfer the amount to. We reserve the right to change the payment method or offset the amount owed against your receivables by giving reasonable advance notice. Alternatively, we may opt to issue an invoice for the amount owed were proper.
Limitation of Liability
OUR LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OF SERVICE IS LIMITED TO THE FOLLOWING AMOUNTS: (I) LKR10,000.00, (II) THE VALUE OF THE SUBJECT MATTER IN QUESTION, OR (III) THE AMOUNT YOU PAID US TO USE OR ACCESS THE APPLICATION OR ANY OF ITS FEATURES IN THE PAST 12 MONTHS, WHICHEVER IS LOWER. THIS IS SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF ANY IMPLIED WARRANTIES.
Termination
This agreement ends when you end your relationship with us as a Merchant on our systems. However, this termination does not release either party from any liability that has already been incurred, or from pursuing any rights or remedies for a breach of this agreement that occurred before the termination.
Tgo Market
In the case of merchants on Tgo Market, the following terms and conditions shall be applied in addition to the terms and conditions.
This provision sets forth the maximum size, dimensions, and weight of delivery items you can accept. Please note that you are not allowed to accept any delivery item having a size, dimensions, or weight that exceed the following limits:
• 32cm (about 1.05 ft) x 25cm (about 9.84 in) x 12cm (about 4.72 in)
• 15 kg
Tgo Service
In the case of Service Providers on Tgo Service, the following terms and conditions shall be applied in addition to the terms and conditions.
General Responsibility
a) The TgoService platform operator supplies a platform for clients and service providers to connect online.
b) Only individuals over the age of eighteen are permitted to register and create an account with TgoService.
c) The platform operator reserves the right to refuse registration or cancel or suspend any existing accounts at their discretion.
d) While registering and creating an account with TgoService is generally free, certain job categories for service providers may incur a monthly subscription fee and posting certain jobs may incur a per-job fee.
e) The platform operator reserves the right to change the fee structure at any time, with a two-week notice period provided via updates to these terms.
f) TgoService accepts no liability for any interactions between clients and service providers, including but not limited to the description, performance, or delivery of services.
g) TgoService makes no warranty as to the accuracy of any information provided by users and is not responsible for resolving disputes between users.
h) The platform is provided on an “as is” basis, without any implied warranties. TgoService reserves the right to cancel any offers, jobs, or user profiles at any time, and to reject any job posts, updates to job posts, or user profiles and updates.
i) While TgoService will make reasonable efforts to keep the availability and security of the platform, they are not liable for any loss of revenue, inconveniences, or information caused by platform unavailability or security vulnerabilities.
Tgo Booking
In the case of merchants on Tgo Booking, the following terms and conditions shall be applied in addition to the terms and conditions.
Services
Tgo offers travel-related information, reservations, pricing, and availability for hotels, holiday packages, bus, and car rentals, and Tuk rentals across Sri Lanka. These services are provided by third-party vendors such as hotels and are available to users on a subscription basis. The features and functionality of the services depend on the chosen subscription package, with technical support available via email for all paid subscriptions and phone support for premium and enterprise subscriptions.
General Terms
This Agreement starts on the date when both parties electronically accept it (“Effective Date”), and it stays valid until either party decides to end it with prior notice. You can browse the Site without supplying any information, but to use the Services, you need to register as a user by creating an account on the ‘Tgo Booking’ Platform. During the registration process, you will supply your name, company name, email address, and other requested information. You manage the accuracy of the registration information and the confidentiality of your account. You must inform us promptly of any need to deactivate a username or password. We may cut
or change your username and/or password at any time for any reason. Tgo reserves the right to refuse, suspend, or end your registration at our sole discretion.
Subscription
During the first six-month period, you can use our Services for free as a trial Subscription. After the Trial Period, your Subscription will automatically start, and you will need to pay applicable Subscription fees. If you decide to cancel your Subscription during the Trial Period, please email us at help@tgo.lk, and your cancellation will take effect within twenty-four (24)
hours.Tgo may end, reduce, suspend, change the scope/content of, or drop the Free Trial period at any time at our sole discretion, and we assume no liability for any such action towards you or third parties
Listing on Tgo
Host
Through the Tgo Booking Platform, as a Host, you can offer your Accommodation, Experience, or other Host Service to Guests and earn money. You have full control over how you host, including setting the price, availability, and rules for each Listing. Making a Listing is easy and simple with Tgo.
Contract with Guests
When you accept a booking through T Booking, you are entering a direct contract with the guest, and you’re responsible for supplying the service as described in your listing. Additionally, you agree to pay the applicable fees and taxes for the period you selected.
Relationship with Hosts
In your relationship with Tgo, you are an independent individual or entity and not an employee, agent, joint venture, or partner of Tgo. Tgo does not control or direct your Host Service, and you have the freedom to decide when, how, and at what price to offer Host Services.
Managing Host’s Listing
Creating and Managing Your Listing
The Tgo Booking Platform supplies tools to help you set up and manage your Listing, which should include correct information about your Host Service, pricing, added charges, and any rules or requirements for Guests. It is your responsibility to keep your Listing information up to date, including calendar availability and photos. You are limited to one Listing per Accommodation but may have multiple Listings for a property with multiple places to stay.
Know your legal obligations.
You must follow all laws, rules, and regulations that apply to your Listing and Host Services, including registering, getting permits or licenses as needed. You managepersonal data in compliance with applicable privacy laws and our Host Privacy Standards.
Host’s Responsibilities
You handle your actions and the actions of anyone who helps you supply your Host Services. You are also in charge of setting the price and rules for your Listing.Assumption of Risk Hosting carries risks, and you manage any consequences that may result from using the T Booking Platform, offering Host Services, or interacting with other members,
whether online or in person. You acknowledge that you have investigated the platform and any legal requirements that may apply to your Listings or Host Services and are not relying on Tgo for legal advice.
Assumption of Risk
Hosting carries risks, and you manage any consequences that may result from using the T Booking Platform, offering Host Services, or interacting with other members, whether online or in person. You acknowledge that you have investigated the platform and any legal requirements that may apply to your Listings or Host Services and are not relying on Tgo for legal advice.
a) The Buyer can use various payment methods available on the platform to pay for the Goods, but actual payment is only charged when the Seller accepts the Buyer’s order, and a Contract is formed. Payments can be made to Tgo or to the Seller’s agent (if the Seller is a Third-Party Vendor). Tgo can collect payments on behalf of Third-Party Vendors.
b) Each type of payment method has its own terms and conditions, under Tgo on the Platform.
c) Buyers can pay with a 3D Secure enabled Visa or MasterCard credit card, and their credit card information is protected by encryption.
d) Sri Lankan Visa and MasterCard debit cards are also accepted, subject to bank availability, and their numbers are protected by encryption.
e) In selected areas, Tgo offers ‘cash on delivery’ services, where Buyers can pay cash directly to the delivery agent upon receiving the purchased item.
Delivery
a) The Goods will be delivered to the address provided by the Buyer in their order.
b) Tgo may subcontract delivery obligations to a third party without notifying the Buyer.
c) The delivery dates supplied are approximate and delays can occur. Tgo is not liable for any delay in delivery.
d) If the Seller does not deliver the Goods within a reasonable time, the Buyer can demand performance within 14 days (about 2 weeks) by contacting Tgo’s help center.
e) If Tgo does not deliver within the specified time, the Buyer can end the Contract and receive a refund for the undelivered Goods.
f) Tgo can demand that the Buyer return the Goods and take legal action against the Buyer for non-compliance, seeking damages and costs including legal fees.
Return & Refund
a) To request a return due to damaged, defective, incorrect, or incomplete products, the Buyer must give a return request through the Tgo app or website within 7 days of delivery.
b) The Buyer can request a return for the following reasons: defective or damaged products upon delivery, fashion items that do not fit, products that do not match the agreed specifications, or incomplete products.
c) To return a Tgo package, the Buyer must repack the item with all original packaging, accessories, manuals, and free items included. The package must be securely sealed and undamaged, and the Buyer should wait for collection by the Tgo pick-up service.
d) If the product is eligible for a refund, the delivery fee and product cost will be returned, with a processing time of 7-14 working days.
e) If the damage or defect is the fault of the seller, the seller will manage the pick-up service fee charged by Tgo.Pricing, Availability and
Order Processing
a) Prices on the site are listed in Rupees and include taxes. The price listed in your shopping cart may differ from the price shown on the product’s detail page and may change between adding to cart and buying.
b) We do not offer price matching for any items sold on our site or any other websites. We strive to supply exact pricing information, but errors may occur, and in these cases, we reserve the right to cancel or refuse any orders.
c) Information about product availability is listed on the site, and estimated dispatch times are not guaranteed.
d) We reserve the right to refuse or cancel any order at any time, and more information may be needed before we can accept your order.
e) To prevent fraud, we may need to verify your payment and personal information, and failure to respond within a reasonable time may result in order cancellation. We also reserve the right to cancel an order if there is a risk of fraudulent use of banking instruments or for other reasons.
Representations & Warranties
• We do not endorse or guarantee 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 not responsible for any breaches of contract between you and the sellers, nor compelled to mediate any disputes that may arise.
• We do not have any rights or claims over the products or services offered by sellers, and we are not responsible for the performance of any contracts.
• We are 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 or typographical errors, and in such cases, 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
• The seller must keep their product information up-to-date and correct on Tgo’s platform, including price, item details, and inventory.
• The seller must categorize their products correctly and follow Tgo’s guidelines.
• Tgo can act if a product is wrongly categorized or if the seller does not follow Tgo’s guidelines.
• Tgo can update this article at any time and has the final say in any disputes over product categorization