Terms & Conditions for the 'TrakiTrak Shopper' App
Delivery technologies S.A.R.L. is a joint-stock company created under the laws of the Republic of Lebanon, which, for the purposes of these terms and conditions of use of the App “TrakiTrak Shopper” will be called “TrakiTrak”.
In the future, and for all purposes of these current terms and conditions of use of the App “TrakiTrak Shopper” (hereinafter 'Terms and Conditions'), TrakiTrak Pickers and Shoppers, will collectively be referred to as the 'Parties.'
1. Legal Nature
These Terms and Conditions establish the conditions under which the use of the 'TrakiTrak Shopper' App by Pickers and Shoppers is regulated.
2. Definitions
Business Partner: Business Partner" refers to a natural or legal person who: i) displays, offers, and markets products through the TrakiTrak Platform; and ii) has a commercial establishment where orders requested by Users/Consumers are prepared and dispatched.
TrakiTrak Shopper" App: A mobile application through which Pickers and/or Shoppers process orders requested by Users/Consumers. The order processing involves the following activities:
i) receiving the order;
ii) selecting the products from the order;
iii) communicating with Users/Consumers to report and/or resolve issues regarding their order;
iv) delivering the order's products to the business partner's cash register for registration and invoicing;
v) handing over the order's products. The Shopper or Picker must notify, through the "TrakiTrak Shopper" App, the status of the order as these activities unfold.
Personal Data: Any information that can be associated or linked to one or more specific or identifiable natural and/or legal persons.
Applicable Law: In relation to any Person, it means any law, treaty, regulation, norm, ordinance, statute, decree, or circular, general provisions issued by the competent authority, or any order, judgment, or final (or arbitral) resolution of the Republic of Lebanon applicable to such Person or pursuant to which such Person is subject, whether they are state, municipal, or local, applicable to these Terms and Conditions.
Order: Order" refers to an order created by a User/Consumer through the TrakiTrak Platform, requesting the purchase of products marketed by the Business Partner. The processing of orders will be carried out by Pickers and/or Shoppers from the business partner's establishment.
Person: "Person" means any natural person, legal entity, partnership, trust, joint venture, de facto partnership, association, or any entity with its own legal personality, in accordance with the Applicable Law.
Picker: Employee or contractor of the Business Partner authorized by the latter to process orders using the 'TrakiTrak Shopper' App.
TrakiTrak Platform: Virtual platform through which Business Partners display, offer, and market products for purchase by Users/Consumers.
Shoppers: "Individuals who, freely and voluntarily, accept the corresponding task of delivering orders requested by Users/Consumers through the TrakiTrak Platform."
Shopper: A natural person hired by TrakiTrak to process orders using the 'TrakiTrak Shopper' App."
Treatment: Processing" refers to any operation or set of operations on Personal Data, such as collection, storage, use, circulation, or deletion thereof.
Users/Consumers: Users/Consumers: Any individual who, as the final recipient, uses the TrakiTrak Platform to request and acquire products and/or services offered, displayed, and marketed by Business Partners through it.
3. Acceptance of the Terms and Conditions.
The natural person who accepts these Terms and Conditions declares and warrants to be the Shopper or Picker who will use the 'TrakiTrak Shopper' App.
4. Modification of the Terms and Conditions and Limitation of Use of the 'TrakiTrak Shopper' App.
The Pickers and Shoppers accept and acknowledge that these Terms and Conditions may be modified by TrakiTrak at any time, with prior notice, with a minimum advance notice of eight (8) business days. The use of the 'TrakiTrak Shopper' App necessarily implies acceptance of these Terms and Conditions.
The Pickers and Shoppers accept that TrakiTrak has the authority to deny or restrict the use of the 'TrakiTrak Shopper' App under its sole discretion, without such denial or restriction granting any right to claim (whatever its nature or purpose) on behalf of the Pickers, Shoppers, and/or the Business Partner.
5. The obligations of TrakiTrak.
(i) To provide the 'TrakiTrak Shopper' App for Shoppers and Pickers to process Orders requested by Users/Consumers (excluding cases of force majeure, fortuitous events, and major technical issues of the 'TrakiTrak Shopper' App and/or the TrakiTrak Platform); (ii) Grant access to the 'TrakiTrak Shopper' App to Pickers and Shoppers. It is clarified that Pickers and Shoppers are solely responsible for the custody of the username and password for the 'TrakiTrak Shopper' App, taking full responsibility for actions and/or omissions made with said username.
6. The obligations of the Pickers and Shoppers.
(i) Use the 'TrakiTrak Shopper' App in accordance with the conditions established in these Terms and Conditions and any other document and/or communication provided by TrakiTrak in relation to its use.
Be accountable for actions and/or omissions made from their account within the 'TrakiTrak Shopper' App. It is clarified that Pickers and Shoppers are responsible for the custody of the username and password for the 'TrakiTrak Shopper' App.
Allow access and review by TrakiTrak Shopper of all information contained in the Picker's or Shopper's account within the 'TrakiTrak Shopper' App.
Refrain from sharing with third parties any information provided by TrakiTrak in connection with the use of the 'TrakiTrak Shopper' App.
Refrain from reproducing, copying, decompiling, and/or developing the software, information, and/or data contained in the 'TrakiTrak Shopper' App.
Refrain from applying reverse engineering techniques, disassembling, and/or modifying the 'TrakiTrak Shopper' App.
Once the Picker's or Shopper's access to the 'TrakiTrak Shopper' App is terminated, delete and destroy any information, data, and/or documents obtained through the use of the 'TrakiTrak Shopper' App. In no case, can the Picker or Shopper have access to the 'TrakiTrak Shopper' App or the information contained therein after access is deleted.
In the event that the user of the 'TrakiTrak Shopper' App corresponds to a Picker, inform TrakiTrak immediately of the termination of their contractual relationship with the Business Partner.(ix) Notificar a TrakiTrak de manera inmediata en caso de presentarse cualquier sospecha, certeza o temor de un acceso no autorizado a su cuenta al interior de la App “TrakiTrak Shopper”, así como del conocimiento por terceros de su contraseña; (x) Suministrar a TrakiTrak Datos Personales exactos, actuales y veraces en todo momento. TrakiTrak se reserva el derecho de solicitar comprobantes y/o datos adicionales con el fin de corroborar la veracidad de los Datos Personales suministrados por el Picker o Shopper; (xi) Responsabilizarse de la veracidad, exactitud, vigencia y autenticidad de los Datos Personales suministrados a TrakiTrak ; (xii) Utilizar la App “TrakiTrak Shopper” únicamente para los fines expresamente permitidos por TrakiTrak; (xiii) Abstenerse de ingresar a la App “TrakiTrak Shopper” por medio de la cuenta de un tercero; (xiv) No usar la App “TrakiTrak Shopper” con fines ilícitos, ilegales y/o contrarios a los presentes Términos y Condiciones y a la Ley Aplicable; (xv) No usar la App “TrakiTrak Shopper” con un dispositivo incompatible o no autorizado por TrakiTrak; (xvi) Abstenerse de acceder, utilizar y/o manipular los datos de TrakiTrak , Socios Comerciales y/o Usuarios/Consumidores contenidos en la App “TrakiTrak Shopper”.
7. Limitation of Liability.
TrakiTrak shall not be responsible for any damage and/or harm caused by any technological inconvenience, defect, transmission delay, or error in the 'TrakiTrak Shopper' App. It is clarified that TrakiTrak shall not be liable for indirect, consequential, special, and/or incidental damages arising from the use of the 'TrakiTrak Shopper' App.
8. Disclaimers: TrakiTrak does not guarantee that the information provided in the 'TrakiTrak Shopper' App is free from errors, defects, and/or inaccuracies, or that the servers through which it is made available are free from viruses, errors, among others.
9. Indemnity
The Parties agree to indemnify each other with respect to third parties who may be affected by either Party due to the breach of these Terms and Conditions and the Applicable Law. In fulfillment of the indemnity obligation, they shall be liable for the damages and/or harm that their actions or omissions may cause to third parties and to the other Party.
10. Intellectual Property Rights.
Except as expressly stated in these Terms and Conditions, nothing herein shall be deemed to effect the transfer, assignment, or conveyance of any intellectual property rights or other proprietary rights from one Party to the other Party. Under no circumstances shall these Terms and Conditions be construed as a transfer, in any form, of the technology owned by Delivery Technologies S.A.R.L., its parent, subsidiaries, and/or affiliates. It is clarified that TrakiTrak is the sole owner of the 'TrakiTrak Shopper' App. Pickers and Shoppers declare and acknowledge that they may not modify, copy, distribute, publish, upload, decompile, or transmit the content of the 'TrakiTrak Shopper' App.
Any reference to TrakiTrak, the TrakiTrak Platform, the 'TrakiTrak Shopper' App, and the information contained therein for commercial and/or promotional purposes by Pickers, Shoppers, and Business Partners is expressly prohibited.
11. Revocation of Access.
TrakiTrak may revoke the access of Pickers and Shoppers to the 'TrakiTrak Shopper' App at any time, without notice, if, in its sole discretion, it believes that the Picker and/or Shopper has violated these Terms and Conditions.
12. Independence of the Parties.
The Pickers and TrakiTrak are independent entities, and nothing in these Terms and Conditions is intended to create any form of partnership, company, joint venture, or employer/employee relationship between them.
The Parties accept and acknowledge that, for the purposes of these Terms and Conditions, Business Partners are considered employers or contractors of the Pickers. It is understood that Business Partners will be responsible for the actions and/or omissions of the Pickers, as well as for the use of the 'TrakiTrak Shopper' App by the Pickers.
13. Force Majeure or Act of God
Neither Party shall be responsible for any delay or non-compliance with these Terms and Conditions resulting directly or indirectly from force majeure or an act of God. "Force majeure" or "act of God" shall be understood as all causes or events beyond the control of either Party that cannot be foreseen or, if foreseen, cannot be avoided and occur after the acceptance of these Terms and Conditions, preventing, delaying, or hindering the fulfillment of the obligations of one of the Parties.
14. Confidentiality.
Any technical, commercial, financial, strategic, legal, and/or of any nature information related to present and future business operations, provided and/or disclosed by TrakiTrak under these Terms and Conditions, shall be considered confidential information. The confidentiality obligation established in this condition shall be in effect during the use of the 'TrakiTrak Shopper' App by the Picker or Shopper and for three (3) years following the cessation of its use by the latter.
15. Conflict Resolution.
All disputes or differences that may arise in connection with or derive from this Commercial Agreement, its execution, liquidation, or interpretation shall be resolved through arbitration, in accordance with the Arbitration Rules of the Arbitration and Mediation Center of the Beirut Chamber of Commerce, to whose rules the Parties unconditionally submit. The Arbitral Tribunal shall consist of three (3) members and shall decide based on the law. The Arbitration and Mediation Center of the Beirut Chamber of Commerce is the institution responsible for administering the arbitration process. Thus, the arbitral tribunal is expressly empowered to resolve any matter related to its competence and/or jurisdiction. It is clarified that the Parties expressly waive all recourse against the decisions of the arbitral tribunal.
16. Protection of Personal Data.
A database is understood to be the organized set of Personal Data that may be subject to any Processing in the terms of the law regulating this matter and/or any other regulation governing the Processing of Personal Data (hereinafter 'Personal Data Regulation'). The Parties must ensure: (i) the proper Processing of the information contained in the databases of the other Party, supplied to it in the course of the purpose of these Terms and Conditions, and for which it has the proper authorization from the Data Subjects of the Personal Data contained therein; and (ii) compliance with the Personal Data Regulation.
The Personal Data of Users/Consumers placing an order through the TrakiTrak Platform will only be displayed in the 'TrakiTrak Shopper' App for the Picker or Shopper to process the order using the 'TrakiTrak Shopper' App. It is clarified that any other use of such Personal Data will be deemed as improper and unauthorized by the Data Subject.
In case of claims by Users/Consumers regarding the unauthorized use of Personal Data by the Picker or Shopper, the Picker or Shopper shall indemnify TrakiTrak against any claims or penalties made by Users/Consumers and/or the Ministry of Labor, assuming all expenses and fees incurred in the defense of TrakiTrak, as well as the payment of the amounts of sanctions and fines that must be assumed as a result of this.
17. General Provisions.
(i) Partial Invalidity and Non-Waiver of Rights: In the event that any provision of these Terms and Conditions is deemed null, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or limited in any way. The failure or delay of either Party to exercise any of the powers or rights established in these Terms and Conditions, or to demand their fulfillment, shall not be construed as a waiver of such rights or powers, nor shall it affect the total or partial validity of the Terms and Conditions, nor the right of the respective Party to subsequently exercise such powers or rights, unless otherwise provided by law or contract.
(ii) Availability, Security, and Stability: TrakiTrak does not guarantee the availability or operation time of the 'TrakiTrak Shopper' App and the TrakiTrak Platform. In the event of instability or major technical issues, TrakiTrak shall not be liable to Pickers, Shoppers, and/or Business Partners but will make its best efforts to stabilize its operation.
(iii) Declaration of Source of Funds and Counterterrorism Financing: The Picker or Shopper declares that their income comes from lawful activities, that they are not included in lists for the control of money laundering and terrorism financing, administered by any national or foreign authority, and therefore, they undertake to be responsible for any damages that may arise from this statement. Accordingly, TrakiTrak may revoke the Picker or Shopper's use of the 'TrakiTrak Shopper' App if they are included in the list of the Office of Foreign Assets Control (OFAC) issued by the United States Department of the Treasury, the list of the United Nations, and other public lists related to the issue of money laundering and terrorism financing.
(iv) Business Ethics and Anti-Corruption: The Picker or Shopper undertakes to implement internal control mechanisms to prevent acts of corruption in the 'TrakiTrak Shopper' App and/or while using it. In accordance with the above, they commit not to directly or indirectly receive or offer anything to employees, administrators, or subordinates of TrakiTrak:
(i) sums of money;
(ii) any object of pecuniary value; or
(iii) another benefit or advantage, in exchange for:
(a) perform; (b) omit; or (c) delay any act related to the exercise of their duties. The Picker and Shopper declare and warrant that they comply with anti-corruption standards, including, but not limited to, those contained in the U.S. Foreign Corrupt Practices Act of 1977, the UK Bribery Act of 2010 or any amendments, replacements, regulations, or developments thereof, as well as those national and international regulations related to the prevention of fraud, bribery, corruption, money laundering, and terrorism. Likewise, the Picker or Shopper declares and warrants that they are not the subject of investigations, accusations, or proceedings related to the violation of anti-corruption standards and have not been subject to criminal, disciplinary, or contractual sanctions arising from the violation of such regulations. The Picker or Shopper undertakes to comply with anti-corruption laws and declares that any non-compliance constitutes a violation of these Terms and Conditions, giving TrakiTrak the exclusive right to revoke the Picker or Shopper's use of the 'TrakiTrak Shopper' App. Additionally, the Picker or Shopper agrees to inform TrakiTrak about any notification associated with an investigation, proceeding, penalty, or similar initiated against them within twenty-four (24) hours after becoming aware of the notification of the investigation.
(v) Payments for tangible or intangible benefits: The Parties agree that they shall not be obligated to pay, under any circumstances, any sum of money to the other Party for tangible or intangible benefits acquired through the use of the 'TrakiTrak Shopper' App.
(vi) Applicable Law and Contractual Domicile: For the interpretation and fulfillment of these Terms and Conditions, the Parties submit to the laws of the Republic of Lebanon. For all legal purposes, the contractual domicile shall be the city of Beirut.
These Terms and Conditions are understood to be recognized and accepted in their entirety by the Picker or Shopper on the date of acceptance of this document through the channel provided by TrakiTrak for this purpose.