Independent Rider & Driver Agreement

1. Independent Contractor Status

Riders and drivers using the TOMO platform ("TOMO", "we", "the Platform") are independent contractors and not employees of TOMO. You are responsible for your own vehicle, insurance, maintenance, fuel, data, and all related expenses. Nothing in this Agreement creates an employment, agency, or partnership relationship.

2. Scope of Services

As an independent contractor, you may provide the following delivery services through the Platform:

• Food delivery from restaurants and local chefs
• Grocery and convenience store deliveries
• Package and parcel delivery (documents, parcels, small goods)
• TOMO Fresh agricultural produce collection and delivery
• Event and catering order fulfillment
• Bulk and business order logistics

3. Rider/Driver Responsibilities

As an independent contractor, you are responsible for:

• Maintaining your vehicle and all required licenses, insurance, and roadworthiness certificates
• Obeying all Ghanaian traffic laws and road regulations
• Professional and courteous behavior with customers, vendors, and farmers
• Safe and hygienic handling of food orders, groceries, packages, and fresh produce
• Maintaining accurate and truthful GPS location data while on active deliveries
• Payment of all applicable taxes, fees, and statutory contributions
• Carrying a valid Ghana Card and submitting to identity verification

4. Code of Conduct

As a TOMO rider or driver, you must comply with the following standards:

• Treat all customers, vendors, and platform staff with respect and professionalism
• Handle all orders carefully and deliver within reasonable time frames
• Do not consume, tamper with, open, or damage customer orders
• Obey all traffic laws and drive safely
• Maintain professional appearance and cleanliness
• Do not engage in harassment, discrimination, or illegal activity
• Report any accidents, incidents, or safety concerns immediately
• Respond promptly to customer concerns and platform communications
• Complete deliveries to the verified recipient using the Platform's OTP, QR, or photo verification system

The following conduct is strictly prohibited and constitutes a material breach of this Agreement. These rules exist to protect customers, vendors, farmers, and the integrity of the Platform:

• Delivery redirection: Canceling, abandoning, or failing to complete an assigned delivery in order to redirect the order to yourself, a third party, or another destination for personal benefit
• Cancellation manipulation: Misusing the cancellation system — including falsely reporting customer unavailability, wrong addresses, or delivery failures — to manipulate order flow, avoid penalties, or redirect deliveries
• Order theft: Accepting an order with no intention of delivering it, or consuming, keeping, or selling any item entrusted to you for delivery
• False delivery confirmation: Marking an order as delivered when it has not been delivered to the verified recipient, or bypassing OTP/QR/GPS verification
• GPS spoofing: Falsifying, spoofing, or manipulating GPS location data to fake pickups, deliveries, or proximity
• Fake delivery proof: Submitting fabricated, recycled, or misleading delivery photos or signatures
• Off-platform transactions: Soliciting or accepting payments, tips, or orders outside the Platform to bypass fees or verification
• Collusion: Colluding with customers, vendors, farmers, or other riders to create fake orders, inflate ratings, manipulate dispatch, or defraud the Platform
• Account sharing: Sharing, transferring, or allowing another person to use your rider/driver account
• Multiple accounts: Creating or operating multiple rider/driver accounts on a single device or identity
• Harassment of recipients: Contacting customers outside of delivery purposes, or any form of intimidation or harassment
• Smuggling or illegal goods: Using the Platform to transport illegal, prohibited, or regulated items

Violation of this Agreement, including any prohibited conduct listed in Section 5, will result in enforcement action. TOMO reserves the right to apply one or more of the following penalties depending on the severity, frequency, and nature of the violation:

• Trust score reduction: Your rider trust score will be reduced, affecting your eligibility for high-value and priority deliveries
• Temporary suspension: Suspension from receiving new delivery offers for a defined period
• Permanent deactivation: Permanent removal from the Platform with no right to re-registration
• Earnings clawback: Recovery of earnings, bonuses, or incentives obtained through fraudulent or manipulative conduct, deducted from future payouts or pursued as a debt
• Forfeiture of pending payouts: Pending payouts may be withheld and forfeited where fraud or theft is confirmed
• Blacklisting: Permanent blacklisting across all TOMO services and verticals, including TOMO Fresh, TOMO Market, and TOMO Business
• Device blacklisting: Blacklisting of the device fingerprint used in the violation to prevent re-registration
• Referral to law enforcement: Where conduct constitutes theft, fraud, conversion, or any criminal offense under the laws of Ghana, TOMO will refer the matter to the Ghana Police Service and cooperate with any criminal investigation
• Civil recovery: TOMO reserves the right to pursue civil claims for damages, losses, and costs arising from your breach of this Agreement

TOMO uses automated fraud detection, trust scoring, GPS verification, and chain-of-custody monitoring to detect violations. Automated flags may result in immediate suspension pending review. You have the right to appeal a suspension by contacting TOMO Support.

You must comply with all applicable laws of the Republic of Ghana, including but not limited to the Road Traffic Act, 2004 (Act 683), the Electronic Communications Act, 2008 (Act 775), the Data Protection Act, 2012 (Act 843), and any regulations governing the transport of food, pharmaceuticals, and goods. You are solely responsible for any breach of law committed in the course of providing services. TOMO will not indemnify or defend you against any criminal or civil liability arising from your own conduct.

8. No Liability for Rider/Driver Conduct

TOMO is a technology platform that connects customers, vendors, and farmers with independent riders and drivers. TOMO is not liable for any actions, behavior, negligence, or misconduct by riders or drivers. Riders and drivers are solely responsible for their conduct during deliveries and any damages, injuries, or disputes they may cause.

Disputes between riders/drivers and customers should first be reported through the Platform's Support system. If not resolved, claims must be resolved directly between the parties or through appropriate legal channels. This Agreement is governed by the laws of the Republic of Ghana.

10. Amendments

TOMO may update this Agreement from time to time. Continued use of the Platform after changes constitutes acceptance of the updated terms. Material changes will be communicated through the Platform.