1.1 Who we are
We are TOGA ("TOGA", "we", "us" or "our"). Our registered office is at Club Tia
1.2 What we do
TOGA is a peer-to-peer marketplace operated via mobile application and website clubtia.com (the "Marketplace", the “App”, the “Website”, the “Platform”, collectively the "Services") that allows third-party lenders ("Lenders") to advertise and rent their goods (the “Items”, the “Listings”) to third-party borrowers ("Borrowers") (Lenders & Borrowers collectively the "Users") using our Services.
The contractual relationship (the “Contract”) is solely between the Lender and the Borrower and is formed on acceptance of a rental on the Marketplace. TOGA provides and maintains the Marketplace that facilitates lending between Users and enables Lenders and Borrowers to conclude rentals directly by and between each other. We do not act as an agent for either the Borrower or the Lender in any capacity. TOGA does not monitor the quality of the items made available for rent and is not involved in the setting of prices.
1.3. Our Terms
The following terms and conditions and other requirements posted on our App and Website, together with our privacy policy and/or any document referred to in them (collectively "Terms", “Terms of Service”) constitute the terms on which we provide the Services to you as a guest or a registered user (either as a lender or a borrower) ("you" or "your").
1.4. Acceptance of our Terms
By using our Services you accept and agree to be bound and abide by these Terms in full. If you do not agree to these Terms, do not use our Services. Please read the Terms carefully before using our Services and the App or Website.
1.5. Amendments to our Terms
Our Terms are subject to change at any time. TOGA reserves the right to make changes to our Servies which will not materially affect your use of service. Where we do make significant changes, we will notify you by email and/or by some other written means. Changes take effect on the date set out at the end of these Terms. TOGA recommends that all users check our Terms often to stay informed of any changes that may affect you. By using the platform you agree to be bound and abide by the then current version of Terms in full. Your continued use of the Services after we change the Terms constitutes your acceptance of the changes. If you do not agree to any of the changes, please discontinue use of Services and cancel your account immediately.
2.1 Registration
Users must create an account to lend or rent items on the TOGA Marketplace by providing certain information such as first and last name, contact details, password and billing information. We reserve the right to request additional forms of identification for verification of identity. By signing up to the platform you agree to provide accurate and true details. You are responsible for maintaining the accuracy of your account information.
We strongly recommend the use of strong passwords. You are responsible for maintaining the confidentiality of your account details (including passwords) and for any activities that occur under your account. If you have any concerns or suspect that anyone other than you knows your password, let us know as soon as possible by contacting us via togaandco@gmail.com.
Third-party download terms. Where the User downloads the App or signs up to the platform via the Apple app store ("Apple App Store") or via Google's Google Play ("Google Play"), you will be subject to the specific Apple App Store or Google Play terms (as applicable), governing your use of the Apple App Store or Google Play.
We reserve the right to accept or reject any membership registration at our discretion.
You may deactivate your account at any time by emailing togaandco@gmail.com.
2.2. Use of Service
2.2.1 The Services are intended for use only by persons who are at least 18 years of age and have legal capacity in your jurisdiction to enter into a legally binding agreement. By using the Services you confirm that you meet this requirement.
2.2.2 Your right to use the Platform is personal to you. We do not permit another person to use the Service under your name or on your behalf.
2.3.2 The User agrees and accepts that they may not use the Service to:
(i) Do anything illegal or which is in breach of applicable law.
(ii) Do anything for improper purposes.
(iii) Upload User Content that does not comply with these Terms or any of our Policies.
(iv) Act in a manner that is fraudulent or deceptive, including but not limited to posting of any User Content that is false or misleading.
(v) Use or share another user’s User Content without their prior written consent, either on the Platform or elsewhere.
(vi) Modify, interfere with, intercept, disrupt or hack the Service, mine data, scrape or crawl the Service, including any internal software capabilities used to offer our Service, or use any bots or other third party software on the Service.
(vii) Test, circumvent, monitor or breach the security measures of our Service.
(viii) Knowingly introduce viruses, Trojans, worms, bugs, logic bombs or other material which would harm the Service or any user of the Service’s equipment.
(ix) Collect any data from the Service other than in accordance with the Terms of Service.
(x) Post content that does not belong to you, including but not limited to the use any photographs, images, text, music or video that belongs to someone else without their prior permission.
(xi) Make use of the materials and content making up the Service for any other purpose than using the Service in accordance with the Terms of Service.
(xii) Post any commentary about another person without that person’s permission.
(xiii) Post any private or confidential information relating to you or another person.
(xiv) Offer to rent an item that you do not possess (also known as dropshipping)
(xv) Threaten, bully, harass, defame, abuse, spam, behave inappropriately towards or otherwise violate the rights or interests of others.
(xvi) Post or share links to any third party websites, apps or platforms.
(xvii) Interfere with or manipulate any ratings system or user feedback system.
2.3 Termination of Account
2.3.1 If you do not agree to these Terms or to any changes made to these Terms, please immediately discontinue use of the Services.
2.3.2 We reserve the right to immediately suspend or terminate your access to and use of the Service if you break or we reasonably suspect you are not complying with our Terms.
2.3.3 Where you or we suspend or end your use of the Service, we reserve the right to delete your content and any other information about you on the Platform. You may also lose any rights you have to use the Service or to access our content or your User Content. We shall not be liable to any losses you suffer as a result of the suspension or termination of your use of the Service (for whatever reason) and you should therefore ensure that you keep a copy of any information or content uploaded or hosted on the Service, including your User Content.
2.3.4 The termination of your use of the Service and/or the cancellation of your Account shall not impact any of your obligations to pay any sums due to us or any other user of the Service.
2.4 Disputes and Infringements
2.4.1 TOGA encourages users to resolve any disputes directly with each other at first instance. However, any User may contact us by sending us an infringement notice to togaandco@gmail.com where any content available on the Platform or actions of other users infringes their rights under these Terms.
2.4.2 An infringement notice must contain the following information:
Where sufficient evidence and/or information cannot be provided, we will not be able to mediate or resolve any dispute.
2.4.3 All disputes in relation to completed transactions must be raised with us within 7 days of the rental end date. Disputes raised more than 7 days after the rental end date will not be considered.
2.4.4 We reserve the right to take what we believe to be reasonably appropriate action depending on the nature of the Infringement and will notify you within a reasonable period of time of our intended decision. Where TOGA assists in mediating or resolving the dispute, you agree to accept our decision and pay any sums owed by you. This will not affect your statutory rights nor your right to take legal action before a court of law.
2.4.5 Failure to comply with our Terms may result in:
(i) Temporarily or permanently removing any User Content (including the removal of items listed on the Platform).
(ii) Temporarily or permanently withdrawing your right to use the Service and/or temporarily or permanently deleting your Account.
(iii) Taking legal action against you.
(iv) Disclosing information to relevant law enforcement authorities if we have reasonable cause for belief that it is necessary or we have a legal obligation to do so.
2.5 Content
2.5.1 The materials and content comprising the Services (excluding any Third-Party Materials and User Content (as defined below)) belong to us. By using our Services you agree that you have no rights in the Platform other than the right to use and access the Service in accordance with these Terms.
2.5.2 User Content is any content that the user posts on the Platform, including but not limited to, photos, videos, descriptions, messages, links, usernames, bios, comments and other materials uploaded to the platform. By registering to the platform you represent that you have all necessary rights to all parts of your User Content, that you’re not infringing or violating any third party’s rights by posting it and that all User Content meets the Acceptable Use Policy.
2.5.3 We reserve the right to refuse, moderate, reject, remove, or delete any User or User Content that we have reasonable belief breaches (or risks breaching) our Terms, or poses a risk to other users. Any such breaches may also result in the termination or suspension of your right to use the Service at our sole discretion.
2.5.4 TOGA does not accept any liability for any links to third-party websites, apps or platforms provided (“Third Party Content”). We disclaim responsibility for the content, accuracy and any other aspect of any Third Party Content.
2.5.5 TOGA does not claim ownership of your User Content. Sole ownership of User Content will remain with the User and any third party whose content the User uploads to the Platform. By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free and perpetual license to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license and otherwise make available the User Content anywhere and in any form for the purposes of providing the Service (including allowing all users of the Service to view and use your User Content).
2.5.6 The User has sole responsibility for ensuring that the User has the necessary rights in all User Content to allow TOGA to use the User Content in accordance with section 2.5.5 above and shall be solely liable if any User Content violates or infringes the intellectual property or privacy rights of any third party.
2.5.7 Users are encouraged to leave honest and respectful reviews. Reviews should be relevant to the item's condition, the renting experience, and in adherence to these Terms and/or any document referred to in them.
3. PRIVACY
3.1 Your privacy is important to us. You should read our Privacy Policy to understand how we collect, use and share your information and how we use cookies as part of the Service.
3.2 By registering on the platform you agree to receive promotional messages from us. If you would no longer like to receive such communication please unsubscribe or delete you account.
4. LENDER TERMS
The following provisions shall apply to you whilst using TOGA Services in the capacity of a Lender:
4.1 Listings
4.1.1 Per section 2.1 of these Terms, you must register for an account on the Platform to begin to list items to rent. You are solely responsible for ensuring that all information provided in your listing is accurate, true and complete. You acknowledge and agree that TOGA does not undertake any verification checks on listings (including price, quality, accuracy or fitness for purpose). Once published by you, your listing shall appear on the Platform and will be visible by all users (both registered users and guests) and will be available to all registered Borrowed to request to rent. You will be enabled to accept or reject rental requests from Borrowers at your discretion.
4.1.2 Listing specifications:
You are responsible for making sure items listed by you are fit for purpose, safe, legally compliant and match the description provided in the listing. By registering for the platform you acknowledge and agree that:
(i) You may list any item that appears in our dropdown list of categories. If the product you want to list does not fit into one of our designated categories you can contact togaandco@gmail.com.
(ii) Your Listing must conform to any descriptions provided by you.
(iii) Any damage to the item should be listed in the listing description and/or pictured in the item images.
4.1.3 Item images and videos:
(i) You agree to provide images and/or videos of the actual items you are listing for rent. You agree not to use any photographs, images, text, music or video that belongs to someone else without their prior permission, post content that does not belong to you or or otherwise infringe the Intellectual Property rights of another party. Images and videos shall be uploaded in the format provided and TOGA shall not have any responsibility or liability in respect of the images or videos provided.
(ii) By uploading content to the Platform, you agree and accept that TOGA have full discretion to rank listings on our Platform as we see fit and based on internal algorithms. TOGA shall not have any responsibility or liability to you for the ranking or positioning of your listings on the Platform.
(iii) Where an item has been requested and approved for rental to a Borrower, the Lender is required to upload images of the item to the Platform within 24 hours before the time of dispatching the item to the Borrower. These images must show any existing damage (if applicable) and the condition of the item. Where these images are not provided prior to dispatch, TOGA will not be able to assist in a dispute regarding damage during a rental.
4.1.4 Cancellations:
(i) Where the Lender cancels a confirmed rental request at any time, the Borrower will receive a full refund of the fees paid by them in connection with this rental.
(ii) The Lender may remove a listing or cancel an agreement to lend an item to a Borrower at any time up to 72 hours before the start of the relevant rental period and not incur any additional fees or charges, subject to Section 7.1.1 below. Where the Lender cancels a rental request within 72 hours of the commencement of the rental period, TOGA has the right to charge any or all relevant service fees and/or commission at the applicable rate to the Lender. In addition, TOGA reserves the right, at its absolute discretion, to charge the Lender a cancellation fee of up to to 20% of the relevant Rental Fee.
(iii) TOGA reserves the right to publish a public review indicating that the Lender has canceled a rental or rentals.
(iv) TOGA reserves the right to "pause" user accounts due to inactivity or repeated declined, canceled or expired rentals.
4.2 Lender responsibilities.
As a Lender, you agree and accept that you are solely responsible for ensuring that:
(i) you can be legally offered for rent and you have all the necessary rights (including but not limited to, legal title) to rent out any items you list on the Service, and that the Borrower’s use of those items will not infringe or misappropriate any other party's rights;
(ii) you deliver any items that you have approved for rental items to the Borrower in accordance with terms which you have agreed with the Borrower;
(iii) all descriptions, photographs and videos included in your listings include all relevant information including (as appropriate) notice of any defects, alterations, restrictions, modifications or any other requirements that the Borrower may reasonably expect to be made aware of in relation to the item.
(iv) by listing the item you agree that the item conforms in all material respects to the descriptions, images, videos and any other information uploaded to the Platform. You agree that the item has been appropriately cleaned and is in ready to wear condition, is fit for purposes and safe for use for which such items would normally be used, or any purpose communicated to you by the Borrower.
4.3 Standard Returns Policy
The Lender agrees and accepts the following in relation to their approved rentals:
a. The item is not as described or is defective.
(i) The Borrower is entitled to a full refund from the Lender if the item is sent by return post, unworn, within 24 hours of receiving the item.
(ii) TOGA has the right to to charge any or all relevant service fees and/or commission at the applicable rate to the Lender.
b. The item does not arrive by the rental start date.
(i) The Borrower is entitled to a full refund from the Lender if the item is sent by return post, unworn, within 24 hours of receiving the item.
(ii) TOGA has the right to to charge any or all relevant service fees and/or commission at the applicable rate to the Lender.
4.4 Lender Rental Policy
Subject to these Terms and documents referred to herein, you are solely responsible for setting the terms on which you lend your item to a Borrower ("Lender Rental Policy"). The Lender Rental Policy must include all specific and general details relating to the item and sets out the terms on which you will lend an item to a Borrower, including the following:
(i) The price you charge to the Borrower for renting your item for the rental period (the "Rental Fee"). The Rental Fee advertised on your listing constitutes the total price payable by the Borrower for renting your items, including any applicable taxes, cleaning costs or costs of delivery, per section 7 of these Terms. TOGA is not responsible or liable for any applicable taxes or delivery costs.
(ii) It is at the Lender’s discretion to provide for a “Fit Policy”. Where applicable, the Fit Policy will set out the percentage amount that the Lender will refund the Borrower in the event that item does not fit and the item is returned within 24 hours of the rental start date.
(iii) It is at the Lender’s discretion to provide for a “Refunds policy”. Where applicable, the Refund Policy will set out scenarios in which a Borrower may request a refund in respect of a rental item outside of the Standard Returns Policy set out in section 4.3 to these Terms.
(iv) Once Lender Rental Policy has been agreed you must not alter or amend those terms unless you have a valid, justifiable reason for doing so and the Borrower agrees in writing to those amended terms.
(v) It is at the Lender’s discretion to determine their cleaning policy. We strongly recommend that the Lender assumes responsibility for cleaning of items and includes any associated costs in the Rental Fee.
4.5 Damaged Items
The Lender is responsible for notifying the Borrower of any damage within 24 hours of receipt of the returned items. TOGA recommends against regular rentals of delicate materials that may show signs of wear with repeated use due to the nature of the materials. Repeated rental is at the Lender’s risk. Borrowers will not be liable for general wear and tear. General wear and tear includes stains which can be reasonably removed with appropriate cleaning, minor snags, small numbers of missing beads, loose buttons or sequins, broken zippers, fasteners, clips or other minor damage. Please contact TOGA customer support for assistance in evaluating what constituted fair wear and tear and what is to be considered damage.
5. BORROWER TERMS
The following provisions shall apply to you whilst using TOGA Services in the capacity of a Borrower:
5.1 General Rental Terms
5.1.1 By renting an item you agree to abide by both these Terms and the Lender Rental Policy.
5.1.2 Your right to use a rented item is limited only for the relevant rental period. This right is personal to you and you are not allowed to transfer this right to any other person.
5.2 Borrower responsibilities.
5.2.1 As a Borrower, you agree and accept that you are solely responsible for ensuring that:
(i) you are legally allowed to use the Service and any item that you borrow through the Service;
(ii) you comply with all applicable law when using the item;
(iii) you comply with these Terms and the specific terms agreed directly with the Lender through the Lender Rental Policy;
(iv) you comply with any reasonable directions provided by the Lender in order to use the item safely and responsibly;
(v) you return the item in the same condition as it was in when you collected or received it from the Lender;
(vi) where the Lender Rental Policy requires that the Borrower is responsible for cleaning, you follow all cleaning guidelines for specific items. Additional charges may apply if items are returned in unsatisfactory condition per Section 7.2.1; and
(vii) once Lender Rental Policy has been agreed you must not alter or amend those terms unless you have a valid, justifiable reason for doing so and the Lender agrees in writing to those amended terms.
5.2.2 Subject to Section 6 of these Terms, the Borrower is responsible for ensuring all rented items are returned to the Lender by then rental return date as agreed in the Lender Rental Policy, unless otherwise permitted in writing by the Lender.
You are responsible for agreeing with the Lender how you will return any items that you have rented from the Lender in the Lender Rental Policy and adhering to this agreement.
You are responsible for notifying the Lender as soon as possible of any delays encountered in returning the rented items. Failure to return an item by the agreed return date may, at the Lender’s and/or TOGA’s discretion, result in:
(i) you may be required to extend the length of your rental period and pay for such extended rental period immediately unless otherwise agreed with the Lender;
(ii) you may be required to pay a fee to the Lender equivalent to the the daily rental fee, plus an additional 25% charge per day until the item has been returned; and
(iii) TOGA may charge your payment method with any reasonable legal expenses incurred by us or our partners in retrieving the items.
Subject to Section 7, the total cost of the Lender Late Fees will be capped at the replacement value of the items. TOGA shall determine the replacement value in its sole discretion and its determination shall be final and binding.
5.2.3 You are responsible for any loss of or damage to an item rented by you. TOGA is not responsible or liable for any loss or damage of any item.
You are responsible for notifying the Lender of any damage that occurred during the rental period as soon as possible.
A Lender may seek damages from the Borrower for replacing or repairing such item per Section 7.2.1 of these Terms. A Lender may, in their sole discretion, charge the Borrower a fee in respect of any damage to or loss of their item, including fees associated with the repair, additional cleaning or replacement of such damaged, lost or stolen item.
In addition to the conditions of Section 7 of these Terms, as Borrower, you agree and accept that in the case of loss, theft or damage to a rented item, TOGA reserves the right to:
(i) retain any security deposit paid by the Borrower under the Lender Rental Policy;
(ii) charge the Borrower’s payment method with an amount up to the full Replacement Value of the rented item; and
(iii) charge the Borrower for any mediation or other associated resolution costs.
5.2.4 Theft of any item is not tolerated. If you steal or attempt to steal any item, the Lender and/or TOGA shall be entitled to take legal action against you.
6. POSTAGE
6.1 Users are solely responsible for the cost and liability of postage when sending or receiving items.
6.2 Users are responsible for ensuring items are scheduled and returned on time. TOGA recommends both Lenders and Borrowers send all items via tracked and insured post. The sender will be liable to the other party for any loss or damage to items that occurred during postage. TOGA does not assume liability for any such loss or damage or delays occurred during postage.
6.3 TOGA recommends that tracking information and photographic evidence is uploaded in the space provided on the Platform for every item sent by the User. It is the sender’s responsibility to provide accurate information. If tracking is not available, TOGA may not be able to mediate or resolve any disputes related to the rental.
Once tracking is provided, the recipient is responsible for being available for delivery on the expected delivery date. If the delivery is delayed due to Borrower unavailability to accept and sign for the parcel at first attempt, this does not affect the original booking price and booking dates. The recipient is required to honor the originally agreed return date.
Where tracking information is not provided, TOGA may assume the item has not been sent, and Fess may be charged accordingly (per section 7 to these Terms).
7. FEES AND PAYMENT
7.1 Rental Fees:
7.1.1 Users agree to pay the rental fee specified for each item. The fees for renting an item will be set out on the relevant listing ("Rental Fee", “Fee”). Payment of the Rental Fee by the Borrower shall be made via our third-party payment partner, Stripe and shall be subject to Stripe terms and conditions of use. We do not permit any other payment method.
In order to list an item for rental or request to rent an item on the Platform, you must sign up to TOGA Payments via Stripe. By making a payment via Stripe or receiving a payment via Stripe, you agree to us sharing your information with Stripe for the purposes of TOGA Services and agree to be subject to the Stripe Connected Account Agreement and the Stripe Services Agreement. Stripe processing fees apply to transactions. Stripe may require further identification checks and you may be required to provide further information requested to ensure your continued use of TOGA Services.
7.1.2 We will collect the Rental Fee from the Borrower on behalf of the Lender. Unless otherwise stated by us, commission on the Rental Fee at a rate of [XX%] plus VAT (or as otherwise specified by TOGA) will be taken by TOGA ("Commission"). Commission is automatically charged on the total transaction amount. Our fee will be subtracted from the total selling price before it is reflected in the Lender’s bank account.
7.1.3 The Lender shall receive the Rental Fee, minus the Commission (and any other fees stated on the listing confirmation or notified to you by us from time to time) once the transaction is deemed complete. Rental Fee payment is processed via our payment provider, Stripe. TOGA shall not be responsible if payment is delayed for whatever reason.
7.2 Other Charges:
7.2.1 Subject to Section 4.5, Users are responsible for the full replacement cost of an item in case of loss, damage, theft or otherwise of rented items. By using our Service you agree that TOGA shall be entitled to take payment from you via Stripe in respect of late fees, damage, theft, loss, unauthorized cancellation or delay. Damage fees will be assessed based on the extent of the damage and may include repair or replacement costs. In the event of loss, theft or damage, TOGA has the sole and absolute discretion to determine the appropriate repair or replacement cost for any item. The amount determined by TOGA shall be binding.
7.2.2 As User you are solely responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable taxes and/or duties, including but not limited to, VAT and other sales taxes, rental, tourist, customs, income or other taxes.
7.2.3 Any Security Deposit being held by TOGA shall be returned to the Borrower within fourteen (14) business days of transaction completion.
7.3 Non-Compliance
7.3.1 Where any amounts remain unpaid, we reserve the right suspend access to the Services or temporarily disable and/or terminate your account at our sole discretion. We shall be under no obligation to provide any or all of the Service while the amounts concerned remain unpaid. TOGA may contract a debt collector or file a claim via the Court of Law for any amounts unpaid by you. We reserve the right to recoup from you any and all reasonable expenses incurred in the process of collecting the amounts outstanding from you. This does not affect any other rights and remedies available to us or the Lender by law.
7.3.2 All transactions related to our platform must be conducted within the App or Website. Requesting, making or accepting payment for an item in any other way (known as an “out-of-app” payment) is a serious breach of the Terms and may result in us suspending or terminating your access to the Service in accordance with section 2.4.5 of these Terms.
7.4 Discounts and Promotions
7.4.1 Any discount codes, competition prizes or other promotional considerations can be used on any relevant order and shall be applied to the final Rental Fee, subject to applicable terms and conditions.
8. OUR LIABILITY
At TOGA, we try our very best to ensure we provide the best service, but we can't promise it's perfect and there are certain things that TOGA won’t be liable for.
8.1 TOGA cannot be held responsible for events that happen outside of our control. This includes any disruptions or outages of any and all infrastructures which are beyond our control and can lead to interruptions in the availability of the Service.
8.2 TOGA assumes responsibility for reasonably foreseeable losses only. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you know it might happen. We accept responsibility for any loss or damage you suffered that is a foreseeable result of:
(i) Our breach of the Terms of Service;
(ii) Our failure to use reasonable care and skill; or
(ii) That was, at the time you agreed to the Terms of Service, a reasonably foreseeable consequence of us breaching the Terms of Service.
8.3 TOGA cannot be held responsible for the quality, condition, or authenticity of the items listed on the platform. We do not undertake any verification checks on listings or any User Content on the Service. As such, we cannot be held liable, nor do not warrant or guarantee:
(i) the truth and/or accuracy of Listings or User Content;
(ii) the quality, size or legality of any listings on the Service; or
(iii) the legality of any User Content made available on the Platform.
8.4 TOGA does not assume responsibility for any disputes between users. We reserve the right to determine whether our intervention is necessary and it is at our sole discretion whether we intervene, assist with mediation, resolution or otherwise.
8.5 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
8.6 Subject to 8.5 above, we will not be liable to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with the Terms or the provision or receipt of the Services for any:
(i) Loss or harm caused by viruses, worms or other programmes designed to impair the Service.
(ii) Loss of profit, goodwill, opportunity, data, business or business reputation.
(iii) Business interruption.
(iv) Indirect or consequential losses, including where such loss or damage is of the type listed above.
8.7 Subject to 8.5 above, our total aggregate liability whether based on an action or claim in contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in connection with our Terms is limited to the Rental Fee payable in connection with that transaction.
9. OTHER TERMS
9.1 The current version of the Terms of Service and our Policies contain the only terms and conditions that apply to our relationship with you. Older versions of the Terms and/or any document referred to in them will no longer apply to our relationship and will be completely replaced by the current version. These Terms and/or any document referred to in them (as each may be amended from time to time) constitute the entire agreement between you and TOGA relating to your use of our Services and supersede all prior understandings and agreements between parties. Each of the paragraphs of the Terms of Service operate separately, if a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
9.2 We reserve the right to assign or transfer our rights and obligations under these Terms at any time. We will notify you in writing if this happens.
9.3 You accept that these Terms are solely between you and us. No other party shall have the rights to enforce these Terms or the authority to sign-off on ending or changing them.
9.4 These Terms and/or any document referred to in them do not create an agency, partnership, employment or joint venture relationship between you and TOGA.
9.5 You may not enter into any contract on our behalf or bind us in any way. These Terms are for your benefit only, not for the benefit of any third party of yours.
9.6 Irish law governs these Terms and/or any document referred to in them. Any disputes that arise out of or in connection with these Terms, the Platform or the Services provided by us shall be governed exclusively by the courts of Ireland.These laws will apply no matter where in the world you live, but if you live outside of Ireland, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law. The Irish courts will have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising from or related to your use of the Service.
10. CONTACT US
10.1 To contact us about our Terms, Service or any other document mentioned herein, please email us at togaandco@gmail.com.
10.2 We value hearing from our users and are always interested in learning about ways we can improve our Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use it without any restriction and without any payment to you.
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