Welcome to TrakiTrak. Please read on to learn the rules and restrictions that govern your use of our applications, websites, products (but not including Retailer Products) and the services made available on our Platform (the "Services"), including, without limitation, any request to receive information about, or to purchase any of the products made available by, retail businesses ("Retailers") through our applications and websites (each, a "Product"). Your purchase of any Products will also be governed by any other terms made available by us to you during the purchase process. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at info@trakitrak.com. These Terms of Use (the "Terms") are a binding contract between you and Delivery Technologies S.A.R.L., Inc. ("TrakiTrak", "we" and "us"). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions herein as well as those in the Privacy Policy, any other relevant policies, and any other accompanying terms and conditions of sale entered into between you and us in connection with the purchase of any Products from a Retailer. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions ("Additional Terms"), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with those Additional Terms. Please read these Terms carefully as they cover important information about the Services and any charges, taxes, and fees you will pay for use of the Services. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court.
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. THE ARBITRATION AGREEMENT SECTION OF THESE TERMS CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT THE PARTIES HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING WITHOUT LIMITATION A MANDATORY ARBITRATION PROVISION.
About Trakitrak
Trakitrak operates a proprietary technology platform (the "Platform") that enables users, such as you, to purchase Products from Retailers ("Shopping Orders") and request the picking, purchasing and delivery of such Products from individuals (those individuals who carry out the picking and purchasing of Products are "Shoppers", those individuals who deliver the Customer Orders are "Deliverers" and, together, the Shoppers and Deliverers are "Contractors"). In addition, the Platform offers, or may offer in the future, the ability for you to make requests for other services to be provided by Contractors ("Other Orders" and, together, Shopping Orders and Other Orders are "Customer Orders"), such as the retrieval of Products from you by a Shopper and the return of such Product to a Retailer. You acknowledge and accept that, by placing a Customer Order, you are entering into a separate contractual arrangement with your Contractors for such Customer Order. You further acknowledge and accept that each Shopper and Deliverer is a contractor independent of TrakiTrak, acting on your behalf in providing services relating to a Customer Order, and that TrakiTrak has no relationship with you other than to provide access to the Services as set out in these Terms.
Will these Terms ever change?
We are constantly trying to improve the Services, so these Terms may need to change from time to time along with the Services. We reserve the right to change the Terms at any time, but if we do, we will post such updated Terms at this location. If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you access or use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
What are the basics of using Trakitrak?
You may be required to sign up for an account, select a password and user name (which may be your email) ("Trakitraki User ID"), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your TrakiTrak User ID a name that you do not have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a "Third Party Account"), such as those offered by Facebook. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). If you're agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization's or entity's behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services and Products you obtain for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services or Products is prohibited by applicable law, then you aren't authorized to use the Services or Products. We can't and won't be responsible for your use of the Services or Products in a way that violates applicable law.
You will not share your TrakiTrak User ID, account or password with anyone, and you must protect the security of your TrakiTrak User ID, account, password and any other access tools or credentials. You're responsible for any activity associated with your TrakiTrak User ID and account.
Connecting You with Stores, Shoppers, and Deliverers
As described above, TrakiTrak is a technology platform that connects you with Retailers offering Products, and Contractors who fulfill Customer Orders.
Before ordering or receiving Products from any Retailers through the Platform, you are responsible for making your own determination of whether the Products are suitable. TrakiTrak is only responsible for connecting you with Retailers and Contractors, and can't and won't be responsible for making sure that Products are up to a certain standard of quality. TrakiTrak similarly can't and won't be responsible for ensuring that information (including Product descriptions) provided by Retailers is accurate or up-to-date. We don't control the actions of any Retailer or Contractor. Should any Product in a Shopping Order not be available when your Shopper is filling a Shopping Order, your Shopper will attempt to contact you (by contacting the email address and/or phone number and/or our online chat provided at the time the Shopping Order was made) to obtain further instructions. If your Shopper can't reach you, you grant your Shopper the discretion to either select a reasonably similar substitution for the unavailable Product (in which case you agree to be responsible for any additional charges related to the substitution), or remove the unavailable Product from the Shopping Order. Returns
If a Product you receive is in poor condition or it is wrong, please report it to info@trakitrak.com or through the in-app chat so we can work on finding you a solution. We may, at our discretion, decide to provide a refund, which may be made either in TrakiTrak Credits or directly to the payment method used to place the Shopping Order. Refunds made directly to a payment card may take five (5) to ten (10) business days to be reflected in your account. Returns are subject to the policies of each specific Retailer and branch, and are not guaranteed.
Can I order alcohol, tobacco, cannabis or vapor products through the Services?
The sale and other distribution of alcohol, tobacco (including cigarettes), cannabis (including cannabis-related products) and vapor products are or may be subject to restriction under applicable law.
Alcohol Products
Only Eligible Individuals may purchase alcohol products ("Alcohol Products") in a Shopping Order and accept delivery of an Alcohol Product. An "Eligible Individual" is an individual that is of legal drinking age (as defined in the applicable jurisdiction(s) in which the Shopping Order is made and delivered). In the Lebanon, an Eligible Individual is a person who is at least 18 years of age.Alcohol Products can only be delivered to a residence or a private place and must be delivered to, and accepted by, an Eligible Individual. It is your responsibility to ensure that an Eligible Individual is present to receive delivery of the Alcohol Product. At the time of delivery, the Eligible Individual receiving the Alcohol Product must show the Deliverer a Valid ID in order to allow the Deliverer to verify the Eligible Individual’s age, and the Deliverer will also confirm whether or not the Eligible Individual appears intoxicated. A "Valid ID" is an acceptable form of identification that is current, government-issued and includes a photo of the Eligible Individual and the birth date.
The Deliverer will not deliver the Alcohol Product if the recipient of the Alcohol Product is not an Eligible Individual, does not provide a Valid ID and/or appears intoxicated. Once the Alcohol Product is delivered, it is the responsibility of the Eligible Individual not to share the Alcohol Product with any individual that is under the legal drinking age.
You acknowledge and agree that delivery of an Alcohol Product may be refused at any time and for any reason whatsoever, including, but not limited to, if:
The Deliverer is not satisfied that the individual receiving the Alcohol Product at the delivery address is an Eligible Individual;
The Deliverer determines, in his or her sole discretion, that the Eligible Individual appears intoxicated;
TrakiTrak or the Deliverer suspects that the Alcohol Product was purchased for, or will be consumed by, individual under the legal drinking age; or
TrakiTrak or the Deliverer is not satisfied that the delivery can be made in compliance with applicable laws and these Terms.
If there is no Eligible Person present to receive the Alcohol Product, if the Eligible Person fails to provide a Valid ID or appears intoxicated or if delivery is refused for any of the reasons set forth above, or for any other reason whatsoever, the Deliverer will not deliver the Alcohol Product and TrakiTrak will provide you with TrakiTrak Credits equal to the amount you paid for such Alcohol Product, less the delivery fee and the Customer Order Fee (as defined below) charged for such Shopping Order. In addition, a delivery failure fee may be charged to you. In the event of a failed delivery of an Alcohol Product, neither TrakiTrak, its employees, agents or representatives, nor the Deliverer shall have any responsibility or liability for such Shopping Order or the delivery failure.
In accordance with applicable law and regulations, and due to operational considerations of the Platform, Delivery of Alcohol Products can only be made on certain dates and at certain times. If for any reason your Shopping Order that contains an Alcohol Product cannot be delivered within those timeframes, your Shopping Order will be rescheduled for the next available and permitted date and time, and you will have the opportunity to accept or cancel the Shopping Order.
Pursuant to applicable law and regulations, Shopping Orders that contain Alcohol Products may not be eligible for promotional credits or free delivery, including Shopping Orders made by members of TrakiTrak Pop. In such cases, notwithstanding anything to the contrary in these Terms (including the terms and conditions applicable to a TrakiTrak Pop membership), a delivery fee will be charged to subscribers of TrakiTrak Pop or any other eligible subscription service for, and/or promotional credits will not be applied to, Shopping Orders that contain an Alcohol Product. In addition, for Shopping Orders that contain an Alcohol Product, certain restrictions may apply to other promotions that would otherwise be applied directly to the total of such Shopping Order. Tobacco, Cannabis and Vapor Products The Platform currently supports the sale or delivery of tobacco (including cigarettes), but our Platform does not currently support the sale or delivery of cannabis (including cannabis-related products) or vapor products.
Can I order medications through the Services?
Certain Retailers may feature Products that include over-the-counter drugs or other medical products. If you place any Shopping Order that includes any Product that is an over-the-counter drug or other medical product, you acknowledge that your ordering and use of such Product is entirely at your own risk. You acknowledge and agree that TrakiTrak does not provide any medical advice, diagnosis or treatment, and that that no pharmacy-patient relationship nor physician-patient relationship exists between TrakiTrak and you as a result of your use of the Services. We encourage you to consult with your healthcare professional or pharmacist regarding all health-related issues. TRAKITRAK MAKES NO REPRESENTATIONS REGARDING ANY HEALTH BENEFITS, RISKS OR HEALTH INFORMATION RELATING TO ANY OVER-THE-COUNTER DRUG OR OTHER MEDICAL PRODUCTS, AND TRAKITRAK, ITS DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES, AND THE CONTRACTORS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR SUCH OVER-THE-COUNTER DRUG AND OTHER MEDICAL PRODUCTS (INCLUDING YOUR USE THEREOF) AT ALL. IF YOU HAVE A MEDICAL EMERGENCY, CALL EMERGENCY SERVICES SUCH AS THE LEBANESE RED CRUS OR CONTACT YOUR LOCAL EMERGENCY ASSISTANCE SERVICE IMMEDIATELY.
Will TrakiTrak ever change the Services?
We're always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. We reserve the right to remove any Content (as defined below) or Products from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
How will TrakiTrak communicate with me?
As part of the Services, you may receive communications through the Platform, including messages that TrakiTrak sends you (e.g., via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want TrakiTrak to send you information regarding your account or transactions with us or that we think may be of interest to you, which may include TrakiTrak using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from TrakiTrak, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from TrakiTrak. You agree to indemnify and hold TrakiTrak harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to your breach of the foregoing. You acknowledge and agree that your Contractor may contact you in relation to a Shopping Order through any contact information provided in your account or in connection with such Shopping Order, or through contact information you provide directly to your Contractor. TrakiTrak does not bear any responsibility or liability for any such contact between you and any Contractor.
Who is responsible for what I see and do on the Platform?
Any information or Content publicly posted or privately transmitted on the Platform is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren't liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. You are responsible for all Content you contribute, in any manner, to the Platform, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. The Platform may contain links or connections to third-party websites or services that are not owned or controlled by TrakiTrak. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that TrakiTrak is not responsible for such risks. TrakiTrak has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party (including Retailers and Contractors) that you interact with through the Platform. In addition, TrakiTrak will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Platform and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By accessing and/or using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. If there is a dispute between participants on this site or Services, or between users and any third party, you agree that TrakiTrak is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release TrakiTrak, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Services. You shall and hereby waive the Section which reads in substance: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and which, in having known him, would have materially affected his agreement with the debtor or released him."
Are there restrictions on how I can use the Services?
You represent, warrant and agree that you will not contribute any Content or User Submission (as each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
Infringes or violates the intellectual property rights or any other rights of anyone else (including TrakiTrak);
Violates any applicable law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by TrakiTrak;
Is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene or otherwise objectionable;
Jeopardizes the security of your TrakiTrak User ID, your account or anyone else's account (such as allowing someone else to log in to the Services as you);
Attempts, in any manner, to obtain the password, account or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
"Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
Copies or stores any significant portion of the Content
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Products or Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in the Platform and the Services?
The materials displayed or performed or available on or through the Platform, including, but not limited to, the TrakiTrak name and logo and all text, images, audio files, video files, graphics, information, drawings, designs, schemes, ads, news, data, scripts, software, maps and interactive characteristics presented on the Platform (and any software and subjacent programming codes), programs or computational algorithms (in any format), programing modules, operational guidelines, or any content created, provided for or in any way generated by TrakiTrak or users (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including TrakiTrak's) rights. Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that TrakiTrak owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply. Should the Services permit the publication or uploading of any photographs, videos, comments, texts, messages or other content generated by users of the Services ("User Materials"), such User Materials will be deemed, at all times, to be non-confidential. By publishing or uploading User Materials to the Platform, you hereby grant TrakiTrak and its affiliates a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable right to use, reproduce, distribute, modify, show and transfer such User Materials for TrakiTrak's business purposes, including without limitation, displaying Product images, promotions, technical support and any other purposes of TrakiTrak or its Third Party Providers. You represent and warrant that: (i) you are the owner of all User Materials you upload or otherwise provide to the Platform, or you have the authorization of the owner of the User Materials for the publishing and uploading of the User Materials to the Platform; (ii) the User Materials are not illicit, obscene, defamatory, offensive, pornographic, odious, racist or inadequate in any way; (iii) the User Materials will not damage the reputation of TrakiTrak or any third party; and (iv) you have all rights and authorizations to provide the User Materials and to make these representations and warranties to TrakiTrak, and in doing so you are acting in accordance with all applicable laws. TrakiTrak reserves the right to refuse to make any User Materials accessible through the Platform, and to remove any User Materials from the Platform, in TrakiTrak's sole discretion and without any previous warning, liability or responsibility to the user or any other person. TrakiTrak does not support or endorse any kind of User Materials, including but not limited to any recommendation or advice, and you release TrakiTrak from any and all liability and responsibility relating in any way to User Materials generated by any user of the Services (including yourself). You understand and accept that User Materials may contain inaccurate, harmful or offensive information, and you agree that you will at no time lodge any complaint or file any legal claim of any nature against TrakiTrak in relation to any User Materials.
What if I see something on the Platform that infringes my copyright or trademark?
We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.
In accordance with the DMCA, we've adopted the following policy toward copyright and trademark infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be material that infringes the right of a third party, has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright or Trademark Infringements. If you believe that material or Content residing on or accessible through the Platform infringes your copyright or trademark (or the copyright or trademark of someone whom you are authorized to act on behalf of), please send a notice of infringement containing the following information to TrakiTrak's Designated Agent to Receive Notification of Claimed Infringement (our "Designated Agent", whose contact details are listed below):
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or trademark that has been allegedly infringed; Identification of works or materials or trademarks being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright or trademark owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, email address;
A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright or trademark owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright or trademark infringement, we reserve the right to:
Remove or disable access to the infringing material;
Notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
Terminate such content provider's access to the Services if he or she is a repeat offender.
Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright or trademark owner, the copyright or trademark owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
A physical or electronic signature of the content provider;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright or trademark owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion. Please contact TrakiTrak's Designated Agent at the following:
Physical Mail:
Delivery Technologies, S.A.R.L.
Attn: DMCA Designated Agent
Rue 7 jisr el basha s&s building second floor
Email:
info@trakitrak.comDo the Services cost anything?
Access to the Platform is currently free, but we reserve the right to change our pricing in the future. We will notify you before any such Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. For Shopping Orders, Products are offered at the prices set forth on the applicable Retailer page (which prices may be different from in-store prices for various reasons, including without limitation in-store promotions, and such differences may not be honored on the Platform), and you may choose to purchase Products through the TrakiTrak mobile application. There may be limits on the quantity of any given Product you can purchase, and TrakiTrak reserves the right to cancel or refuse any Shopping Order. Purchased Products will be delivered to the delivery address specified in the Shopping Order. For Other Orders, Customer Order Fees (as defined below) will be as set forth on the TrakiTrak mobile application at the time you place such Other Order. The prices displayed are quoted in U.S. currency and are valid only in Lebanon. Prices are subject to change at any time. In addition to paying for the Products, you understand that use of the Services to place Customer Orders will result in charges to you for the services provided to you by your Contractors, which may include a commission charged by TrakiTrak ("Customer Order Fees"). TrakiTrak will facilitate your payment of the applicable Customer Order Fees as outlined below. TrakiTrak reserves the right to establish, remove and/or revise Customer Order Fees for any or all Services or Products obtained at any time in TrakiTrak's sole discretion. Further, you acknowledge and agree that Customer Order Fees applicable in certain geographical areas may increase substantially during times of high demand. TrakiTrak will use reasonable efforts to inform you of Customer Order Fees that may apply prior to you placing each Customer Order, provided that you will be responsible for Customer Order Fees incurred through your account regardless of your awareness of the amounts of such Customer Order Fees. You may cancel your request for Services or Products at any time, but in the case of a Shopping Order, only prior to payment for Products in such Shopping Order. In each case you may be charged a cancellation fee. TrakiTrak does not designate any portion of your payment for the Products or Customer Order Fees as a tip or gratuity to a Contractor. You understand and agree that, while you are free to provide an additional payment as a gratuity to a Contractor in connection with fulfilling a Customer Order (“Gratuity”), whether through the Platform or in cash, you are under no obligation to do so. Gratuities are voluntary. In connection with any Customer Order, the Gratuity amount may be set to a default percentage greater than 0%. You can edit the Gratuity amount prior to completing the Customer Order on the Platform or up to one hour after your Customer Order is delivered. Note that if you elect to receive text messages through the Platform, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.
Do the Services have any cost?
Yeah. The costs associated with the Services (“Customer Order Fees”) may be: Shipping cost: is the charge associated with shipping the Purchase Order, and is calculated depending on the total value of each Purchase Order. TrakiTrak Service or Service Charge: is the charge associated with the Services provided by TrakiTrak , the value of which is specified in the 'Price Policy' section of each Merchant. High demand surcharge: is a charge that is activated in specific time windows, when the demand for Purchase Orders increases. Distance surcharge: is a charge that applies when the radial distance between the Merchant and the delivery address exceeds a certain amount. Small order surcharge: This is a fee charged on orders less than a certain amount. All costs associated with a Service and their amounts are specified on the Platform prior to completing a Purchase Order. TrakiTrak will facilitate payment of applicable Customer Order Fees to you as set forth below. TrakiTrak reserves the right to establish, eliminate and/or revise the Rates of Customer Orders, to the extent necessary to maintain its operation, for any or all Services or Products obtained at any time, whichever is the case. any will affect the rights validly acquired by Users. You will be notified by email and/or through the application before any of the Services you are currently using have any modification or begin to have a new charge, for your acceptance. In the event that the User decides to cancel a Purchase Order, TrakiTrak will be entitled to charge a cancellation fee.
TrakiTrak Credits; Samples
TrakiTrak reserves the right, in its sole discretion to offer free or reduced-cost Services, deliveries, discounts, coupons, or credits to users ("TrakiTrak Credits") as part of its marketing campaigns, to incentivize use of the Services, or for any other reason or purpose. TrakiTrak Credits, if provided, will be made available in your user account, and may be applied to Customer Orders placed after the provision of such TrakiTrak Credits. Under no circumstance can any TrakiTrak Credits be transferred from one user to another, or be exchanged for cash or other monetary value. TrakiTrak Credits cannot be obtained through the creation of multiple user accounts. Each user may only have one user account on the Platform. TrakiTrak Credits accumulated in multiple TrakiTrak accounts cannot be combined into one TrakiTrak account. For any given Customer Order, TrakiTrak reserves the right to use the total or any portion of the TrakiTrak Credits accumulated in your user account in order to pay for such Customer Order or the delivery costs for such Customer Order. At the sole discretion of TrakiTrak, TrakiTrak Credits may be available for a limited time or may be limited to use for specific purposes and/or Products. TrakiTrak reserves the right to revoke any TrakiTrak Credits without notification at any time. TrakiTrak may suspend or terminate TrakiTrak Credits accumulated in your user account, your ability to participate in the accumulation of any TrakiTrak Credits, or any marketing campaign or other program granting TrakiTrak Credits, at any time and for any reason in TrakiTrak's sole discretion. Requirements and incentives relating to TrakiTrak Credits may be changed at any time by TrakiTrak in its sole discretion. TrakiTrak Credits obtained as a result of illicit activities are null and void, with no effect. TrakiTrak reserves the right to suspend any user account or eliminate any recommendation if TrakiTrak notices any activity it believes to be illicit or abusive by any user or otherwise in relation to any TrakiTrak Credits. In addition to TrakiTrak Credits, TrakiTrak may, in its sole discretion, include samples of a product or products with your Shopping Order as part of a marketing campaign or for any other reason or purpose.
What if I want to stop using the Services?
You're free to do that at any time by contacting us at info@trakitrak.com. Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using the Services. TrakiTrak is also free to terminate (or suspend access to) your access and/or use of the Services or your account for any reason in our discretion, including your breach of these Terms. TrakiTrak has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. If you have deleted your account by mistake, contact us immediately at info@trakitrak.com – we will try to help, but unfortunately, we can't promise that we can recover or restore anything. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
What about Mobile Applications?
You acknowledge and agree that the availability of our mobile application is dependent on the third party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an "App Store"). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.
I use the TrakiTrak App available via the Apple App Store – should I know anything about that?
These Terms apply to your use of all the Services, including our iOS applications (the "Application") available via the Apple, Inc. ("Apple") App Store, but the following additional terms also apply to the Application:
Both you and TrakiTrak acknowledge that the Terms are concluded between you and TrakiTrak only, and not with Apple, and that Apple is not responsible for the Application or the Content; The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services; You will only use the Application in connection with an Apple device that you own or control; You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application; You acknowledge and agree that TrakiTrak, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application; You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, TrakiTrak, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; Both you and TrakiTrak acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and Both you and TrakiTrak acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
Can I refer other users?
From time to time TrakiTrak may offer rewards or incentives for referring others to the Platform. The referring user ("Retailers ") may refer individuals or entities who are neither current customers of TrakiTrak nor registered users of the Services ("Retailers "). A registered user is a person or entity that already has an existing account with TrakiTrak. There is no limit to the number of referrals that Referrer can make, nor the cumulative rewards or incentives that the Referrer may receive through such special offer, unless otherwise indicated. Referrer will receive the stated reward or incentive for each Referee sent by the Referrer that completes the required action described in that specific offer (such as signing up for an account or making a purchase). All Referees must be first-time recipients of the offer, and multiple referrals to the same individual or entity will be disregarded. TrakiTrak reserves the right to modify or terminate any special offers at any time and to revoke from Referrer and Referee the special offer at our discretion for any reason or for no reason whatsoever. If TrakiTrak determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of such special offer, TrakiTrak reserves the right to (a) revoke any rewards or incentives issued to either Referrer or Referee and/or (b) charge the Referrer or Referee for any rewards or incentives (1) used by Referrer or Referee prior to such revocation or (2) issued by TrakiTrak to any ineligible Referrer or Referee. All special offers are subject to any other terms, conditions and restrictions set forth on the Services or presented in connection with the special offer.
What about my privacy?
TrakiTrak takes the privacy of its users very seriously. For the current TrakiTrak Privacy Policy, please click here. Children's Online Privacy Protection Act. The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13). We do not knowingly collect or solicit personally identifiable information from children under thirteen (13); if you are a child under thirteen (13), please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under thirteen (13), we will delete that information as quickly as possible. If you believe that a child under thirteen (13) may have provided us personal information, please contact us at info@trakitrak.com.