Terms & Conditions

Draft document pending legal review. Not authoritative until reviewed and approved by legal counsel.

Last updated: [TO BE COMPLETED: publication date]

These terms and conditions (the "Terms") govern access to and use of the VAKOM platform: the mobile apps (customer and driver/courier), the merchant interface, and the vakom.net website (together, the "Platform").

1. Purpose and definitions

The Platform is published and operated by [TO BE COMPLETED: legal name, legal form], registered with the RCCM under number [TO BE COMPLETED: RCCM], with its registered office at [TO BE COMPLETED: address, Togo] ("VAKOM", "we"). In these Terms: the "Customer" is any person using the Platform to order a ride, a delivery, or a courier service; the "Driver/Courier" is any independent professional registered to perform those services; the "Merchant" is any partner shop or restaurant selling its products through the Platform; "User" refers to any of them.

2. Acceptance and changes to the Terms

Using the Platform constitutes full acceptance of these Terms in the version in force at the time of use. If you do not accept the Terms, you must not use the Platform. VAKOM may amend the Terms at any time. Users are informed of any substantial change through an appropriate channel (in-app notification, SMS, or email) before it takes effect. Continued use of the Platform after that date constitutes acceptance of the amended version.

3. Registration and accounts

Registration is restricted to persons aged 18 or over with legal capacity. It is done with a mobile phone number, verified by a one-time code (OTP) sent by SMS; Merchants access their interface with a personal PIN set after OTP verification. Users are responsible for keeping their access credentials confidential and for all activity carried out from their account. Drivers/Couriers and Merchants are verified by VAKOM before their account is activated (identity documents, professional documents, and vehicle documents where applicable). VAKOM may refuse or suspend a registration if the verification requirements are not met. Every User undertakes to provide accurate information and keep it up to date.

4. Description of the services

VAKOM is a platform connecting Customers, Drivers/Couriers, and Merchants. VAKOM is neither a transport company, nor a restaurant, nor a retailer: transport, delivery, and product sales are performed by independent third parties. The services cover: rides (matching for a trip, with a price estimate before ordering and real-time tracking); ordering and delivery (meals or products prepared by a Merchant and handed over by a Courier); and courier services (pickup and drop-off of a parcel or document). VAKOM strives to keep the Platform available but does not guarantee uninterrupted access, nor the availability of Drivers/Couriers or Merchants at any time or place.

5. Customer obligations

The Customer undertakes to: use the Platform in compliance with applicable law and these Terms; pay the price of the ordered services using the chosen payment method; be present at the agreed pickup or delivery point; not request the transport or delivery of illegal, dangerous, or prohibited goods; and behave respectfully towards Drivers/Couriers and Merchants.

6. Driver and courier obligations

The Driver/Courier is an independent professional: no subordination relationship or employment contract exists between VAKOM and them. They undertake to: hold and keep valid all authorizations, licences, insurance, and documents required by the regulations applicable to their activity; perform accepted services diligently and professionally, in compliance with traffic and safety rules; keep their vehicle in good condition; not collect any amount other than those provided for by the Platform, except explicitly agreed fees; and inform VAKOM without delay of any event affecting their ability to operate.

7. Merchant obligations

The Merchant undertakes to: hold the authorizations required for their activity (trade registration, food hygiene and safety where applicable); publish an accurate catalogue (products, prices, availability) and keep it up to date; prepare accepted orders within the announced times and in accordance with the order; and comply with the regulations applicable to the sale of their products.

8. Prices, payment, and commissions

The price of each service is shown to the Customer before confirmation (an estimate for rides, the basket total and delivery fees for orders). Payment is made through the methods offered in the app [TO BE COMPLETED: payment methods]. VAKOM charges a commission on services performed through the Platform, under the conditions agreed with each category of professional User in their partnership agreement, which also describes the payout terms.

9. Cancellations

The Customer may cancel an order or a ride under the conditions shown in the app. A late cancellation (after acceptance by a Driver/Courier or once a Merchant has started preparing) may incur a cancellation fee, shown before the cancellation is confirmed. A Merchant may refuse or cancel an order it cannot fulfil; in that case the Customer is not charged or is refunded. VAKOM may cancel an order in case of suspected fraud or manifest impossibility of performance.

10. Liability

VAKOM acts as a technical intermediary. The transport or delivery service is the responsibility of the Driver/Courier performing it; the conformity, quality, and safety of the products sold are the responsibility of the Merchant. VAKOM is responsible for the operation of the Platform under ordinary law, but cannot be held liable for damage resulting from the service itself, from another User, from non-compliant use of the Platform, or from force majeure. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.

11. Suspension and termination

VAKOM may suspend or close a User's account, with prior notice except in urgent cases, in the event of: breach of these Terms, fraud or attempted fraud, dangerous or abusive behaviour, expired or non-compliant documents (for professionals), or a legal requirement. Users may stop using the Platform at any time and request deletion of their account (section 13).

12. Intellectual property

The Platform, its brand, logos, interfaces, and content (excluding content published by Merchants) are the property of VAKOM or its licensors; any unauthorized reproduction or use is prohibited. The Merchant warrants that it holds the rights to the content it publishes and grants VAKOM a non-exclusive licence to use that content for the purposes of the Platform.

13. Personal data and account deletion

The processing of personal data is described in the Privacy Policy, which forms an integral part of the contractual framework. Any User may request deletion of their account from the app or from the vakom.net/account page. Partial deletion immediately removes the name and photo and deactivates the account; the ride and payment history is retained to meet accounting obligations. Total deletion marks the account for complete erasure after a 30-day period, during which the request can be cancelled. Deletion may be temporarily blocked if a ride is in progress or a balance needs to be settled.

14. Governing law and disputes

These Terms are governed by Togolese law. In the event of a dispute, the parties shall first seek an amicable solution; failing agreement within [TO BE COMPLETED: period], the dispute shall be brought before the competent courts of [TO BE COMPLETED: city], without prejudice to mandatory jurisdiction rules protecting consumers.

15. Contact

For any question about these Terms: Email: [TO BE COMPLETED] Phone: [TO BE COMPLETED] Address: [TO BE COMPLETED]