General Terms and Conditions for Farmers
These General Terms and Conditions set out the terms and conditions applying to and governing the usage of the TOG app – technology which connects farmers with operators to help them move around cities more efficiently. The term “us” or “we” refers to the owner of the TOG app, TOG, a private limited company, founded in the Republic of Estonia ……………………………. The list of TOG group companies and partners is available at. In order to use TOG app you must agree to the terms and conditions that are set out below:
Using the TOG app
- TOG and TOG group companies and partners provide an information society service and do not provide transport services. Transport services are provided by operators under a contract (with you) for the carriage of farmers. Operators provide transport services on an independent basis (either in person or via a company) as economic and professional service providers. Disputes arising from consumer rights, legal obligations or from the law applicable to the provision of transport services will be resolved between the farmers and operators. Data regarding the operators and their transport service is available in the TOG app and receipts for journeys are sent to the email address listed in the passenger’s profile.
- When using the TOG app, you can choose whether to pay the operators for the transport service or use TOG in-App Payment. Payments for TOG Business rides are handled by a separate agreement for Business journeys. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments.
- During the installation of the TOG app, the passenger’s mobile number is linked to the respective TOG user account and added to our database. If you are no longer using your mobile number, you must notify TOG and TOG group companies and partners within 7 days so we can anonymize your account data. If you do not notify us about any change to your number, your mobile operator can might the same mobile number to the next person and when using the TOG app, this new person can see your data.
TOG in App Payment
- You can pay for the transport services with a card, mobile carrier billing and other payment methods (eg: TOG Business etc), which require prior activation in the TOG app. By providing TOG in-App Payment service, TOG and TOG group companies and partners act as a commercial agent for the providers of the transport services. Your obligation to the provider of the transport service will be fulfilled when the payment order is given to transfer funds to TOG and TOG group companies and partners bank account. You, as a passenger are responsible for ensuring that the payment takes place and ensuring that sufficient funds are available.
- When making payments by TOG in-App Payment, TOG and TOG group companies and partners receive your payments and forward the money to the operators. TOG and TOG group companies and partners may ask for additional data from you to verify the payment method.
- When making payments by TOG in-App Payment for transport services, TOG and TOG group companies and partners are not responsible for possible third-party payment costs (mobile operators, bank fees etc). These service providers may charge you additional fees when processing payments in connection with the TOG in-App Payment. TOG and TOG group companies and partners are not responsible for any such fees and disclaim all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your payment method.
- TOG and TOG group companies and partners will be responsible for the functioning of TOG in-App Payment and provide support in resolving problems. The resolution of disputes related to TOG in-App Payment also takes place through us. For payment support service please contact info.tog.ng Inquiries submitted by e-mail or TOG App will receive a response within one business day. TOG and TOG group companies and partners will resolve TOG in-App Payment related complaints and applications within two business days.
Ordering and cancelling transport services
- If you order a transport service and the operators have agreed to undertake the work then the transport service is considered to be ordered.
- Once an operator confirms that he/she will complete your journey, you will enter into a separate agreement with the operators for the provision of the journey on such terms and conditions as you agree with the operators. TOG and TOG group companies and partners do not provide journeys and is not a party to your agreement with the relevant operators.
- Cancelling the use of ordered transport service is considered to be the situation where the operators have replied to your request and you subsequently reject, cancel or refuse the transport service. When a transport service request is cancelled after a certain time period you are required to pay a penalty fee specified in the TOG app.
- If you cancel a transport service request on multiple successive instances within 24-hour we may temporarily block your account for warning. After multiple such warnings, we may suspend your account for a longer period (eg: 6 months). After that period, you could ask to reactivate your account and your application will be reviewed by TOG or TOG group companies and partners.
- When operators notify the passenger about the arrival of the vehicle to its destination and passenger or people for whom the transport was ordered do not arrive at the vehicle within the certain time period as specified in the TOG app, the request will be deemed cancelled. Sometimes operators may decide to cancel your request, please note that TOG and TOG group companies and partners are not responsible for such situations.
- Once the operators arrive and send you a notification that he/she has arrived the TOG app may begin charging fare on a waiting time basis according to the rates specified in the TOG app.
- If you have requested transport services using the TOG app and cause damage to the operators’ vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to stink), the operators will have the right to require you to pay a penalty of 50 EUR and require compensation for any damages exceeding the penalty. If you do not pay the penalty and/or compensate for the damage, TOG and TOG group companies and partners may pursue the claims on behalf of the provider of the transport service.
License to use TOG app
- As long as you comply with these General Terms and Conditions, we agree to grant you a royalty free, revocable, non-exclusive, right to access and use the TOG app in accordance with these General Terms and Conditions, the Privacy Notice and the applicable app-store terms. You may not transfer or sub-license this right to use the TOG app. In the event that your right to use TOG app is cancelled, the corresponding non-exclusive license will also be cancelled.
- As the TOG app is an information society service (a means of communication) between farmers and operators, we cannot guarantee or take any responsibility for the quality or the absence of defects in the provision of transport services. As the usage of the TOG app for requesting transport services depends on the behaviour of the operators, TOG and TOG group companies and partners do not guarantee that you will always have offers available for the provision of the transport services.
- The TOG app does not offer or broker transport services for farmers. It is also not a transport agency service for finding farmers for transport providers. The TOG app is used as the means for organizing the provision of transport services.
- The consumer’s right to refund is not applied to TOG app orders. Requesting a refund from the transport service does not withdraw you from the agreement in the course of which the provision of the transport service was ordered.
- The TOG app is provided on an “as is” and “as available” basis. TOG and TOG group companies and partners do not represent, warrant or guarantee that access to TOG app will be uninterrupted or error-free. In case of any faults in the software, we will endeavour to correct them as soon as possible, but please keep in mind that the functioning of the app may be restricted due to occasional technical errors and we are not able to guarantee that the app will function at all times, for example, a public emergency may result in a service interruption.
- TOG and TOG group companies and partners, its representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using the TOG app or relying on, the journey contracted for through the TOG app, including but not limited to: any direct or indirect property damage or monetary loss; loss of profit; loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business; loss or inaccuracy of data; and any other type of loss or damage.
- The financial liability of TOG or TOG group companies and partners in connection with a breach of the contract will be limited to 500 USD. You will have the right to claim for damages only if TOG or TOG group companies and partners have deliberately violated the contract. TOG and TOG group companies and partners will not be liable for the actions or inactions of the operators and will not be liable for damages that the operators cause to the farmers.
- You agree to fully indemnify and hold TOG and TOG group companies and partners, their affiliate companies, representatives, employees and directors harmless from any claims or losses (including liabilities, damages, costs and expenses of any nature) that they suffer as a result of your use of the TOG app (including the journeys you obtain through your use of the TOG app).
- TOG and TOG group companies and partners may immediately end your use of the TOG app if you breach these General Terms and Conditions or we consider it necessary to protect the integrity of TOG and TOG group companies and partners or the safety of operators.
Good practice using the TOG app
- As TOG and TOG group companies and partners are not a provider or broker of the transport services, any issues with defects or quality of the transport services will be resolved in accordance with the rules and regulations of the transport service provider or the relevant public authority.
- We ask you to fill out a feedback form in the TOG app. This enables us to offer suggestions to the operators for improving the quality of their service.
- We expect that you use the TOG app in good faith and be respectful of the operators who offer their services through the TOG app. TOG and TOG group companies and partners retain the right to close your account if you have violated the terms set out in this General Terms and Conditions or if your activities are malicious, i.e. withholding payment for the provision of the transport service, fraud, being disrespectful towards the operators, etc. In these cases, your TOG app account may be revoked without prior notice.
- TOG and TOG group companies and partners will make every effort to ensure that only operators, who have integrity and are respectful of their profession and farmers, use the TOG app. However, we are in no position to guarantee that every provider of transport services, located by the TOG app, satisfies the aforementioned criteria at all times. If you experience objectionable transport service, please notify the company responsible for the service, a supervisory authority or our customer support.
Amendments to the General Terms and Conditions
- If any substantial amendments are made to the General Terms and Conditions, then you will be notified by e-mail or TOG app notifications. If you continue using the TOG app, you will be deemed to accept the amendments.
- The General Terms and Conditions will be governed by and construed and enforced in accordance with the laws of the Republic of Estonia. If the respective dispute resulting from General Terms or Agreement could not be settled by the negotiations, then the dispute will be finally solved in Harju County Court in Tallinn, Estonia. If any provision of the General Terms is held to be unenforceable, the parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.
Date of entry into force of the General Terms and Conditions: 04.06.2018.