Terms & Conditions

By signing up with Tracki (Pty) Ltd (the "Application") or accessing or using any Tracki website ("Website"), you are indicating your agreement to these terms and conditions ("Terms"), which are legally binding and govern your use of the Application and the Website. If you do not agree to these Terms or are unable to comply with them, you should not install, access or use the Application or the Website. These Terms also apply to any updates to the Application or the Website, unless the updates come with separate terms, in which case those terms apply.

These Terms are only available in the English language. You should print a copy of these Terms for your future reference.

These terms are version 1.0 were last updated on 1st June 2019.

1. Who are we?

Tracki Group Pty Ltd, is a company registered in South Africa with company number 2017/346289/07.

2. Summary of Terms

a.Tracki services and use of your data

The Application and the Website aims to facilitate the creation of your companies orders into deliveries, the management and tracking of your deliveries, drivers and vehicles. In order for you to register a business profile with Tracki, we collect your business, as well as individual admin’s name, surname, phone number and email address .

b. Your rights and obligations

You may signup and use your Tracki business profile and the Application tools provided. You may not further copy, modify or reverse engineer the Application or use it in any unlawful or unauthorised manner. You must not attempt to gain unauthorised access to our or our service providers' equipment, systems or networks nor take any action which may inhibit their operation. You must provide accurate and complete registration information when signing up to the Application or Website, and must have authority to use the payment card details which you provide, or be responsible for settlement of the invoice via EFT

c.Limitations on our liability

We may withdraw our services at any time. The Application and Website are not intended to be relied upon by you; whilst we use reasonable efforts to provide effective services, we cannot guarantee availability nor the accuracy or appropriateness of information, including and especially your customer information records.

c.Limitations on our liability

d. Contacting us

You may contact us at: admin@tracki.co.za

3. Full Terms

a. Services

"Services" means the Tracki services and all related information and features made available on the Tracki web dashboard, including data synced from partner accounting, fulfilment, warehouse or other systems.
Tracki services include driver, route and parcel management and tracking, creating deliveries from your companies orders/invoices, accounting, fulfilment, warehouse or other systems, auto creating your trip sheets and digital proof of delivery.

b. Registration and eligibility

In order to access the Services, you must register with us and create a business profile. See our privacy policy https://www.tracki.co.za/policy for full details of the data we collect and how we use this data.
We have the right to disable your service at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

c. Accounting, fulfilment, warehouse or other systems

In order for Tracki services to be used, your Tracki business profile will require information and/or data from your accounting, fulfilment, warehouse or other systems. We sync relevant information as needed and maintain this securely, as required.
We will from time to time propose opportunities linked to the analysis of data from your accounting, fulfilment, warehouse or other systems or Tracki business profile, but we will not use your point of sale data without your consent.

d. Your use of the Application, Website and Services

We grant you a non-exclusive, non-transferable licence (i.e. permission) to use a copy of the Application for the purpose of accessing and using the Services, in accordance with these Terms.
You may not:
- sub-license, assign or transfer your rights or obligations under these Terms nor permit use of the Application by any other person.
- access and use the Services using any interface other than that provided by the Application.
You acknowledge that the Application, Website and the content of the Services are protected by copyright, database rights, trade marks and other intellectual property rights belonging to us and our licensors, as applicable, and all rights not expressly granted to you are reserved to us and our licensors.
You may not use the Application, Website or the Services in any way incompatible with their intended purpose nor in any unlawful or unauthorised manner and, in particular, may not:
- make any copy of the Application.
- modify, adapt, reverse engineer, decompile or disassemble, create derivative works of, publish, distribute or commercially exploit the Application, Website or any content or software element of the Services, unless you are permitted to do so under applicable law which cannot be excluded by contract.
- remove any copyright or proprietary notices on the Application, Website or the content of the Services.
- use, distribute or disclose confidential, personal or sensitive information within the content of the Application, Website or the Services without appropriate authority.
- export the Application or Website in breach of applicable export control or other laws relating to the export of technology and software.
- make any unlawful or unauthorised use of our (or our service provider's) equipment, networks, systems or software (including attempting to gain unauthorised access, introducing any computer virus or malware, or inhibiting their operation).
If making use of Tracki App (or it’s 3rd Parties), your use of the Application under these Terms is alect to any terms, rules or policies of any app store provider and/or operator ("App Store Provider") from whom you have downloaded the Application ("App Store Terms"). You may download and install the Application only through authorised App Store Providers. In the event of any conflict between these Terms and any App Store Terms, the App Store Terms will prevail. You and we acknowledge and agree that the relevant App Store Provider is a third party beneficiary under these Terms and will have the right to enforce these Terms against you directly.
We and our service providers are responsible for any maintenance and support of the Application and you acknowledge that any App Store Provider from whom you download the Application is not under any obligation to you to carry out any maintenance
so subjand/or support for the Application itself. We are under no obligation to carry out maintenance and/or support of the Application or Website and do so entirely at our discretion.
Your use of the Application, Website and the Services is entirely at your own risk.

e. Duration and termination

These Terms will remain in effect as a legally binding agreement between us and you during the time that you use the Application, Website and/or the Services and/or have the Application installed on any device.
You may request removal of your live profile at any time by sending an email to us at admin@tracki.co.za.
We may withdraw the Services, remove your live profile and associated content and/or terminate or suspend your access to the Services at any time at our absolute discretion, including (without limitation) if you breach or we reasonably suspect that you are in breach of these Terms, if we cease to offer (or change the way in which we offer) the Application, Website or the Services, or if we are prevented from providing the Application, Website and/or Services for any reason. You will not be entitled to any compensation for such withdrawal, removal, termination or suspension.
Following termination or suspension of your access to the Services for any reason, we may retain your profile and other records relating to you for record keeping, analysis and statistical purposes. Please see our privacy notice for further details of the personal data that we collect and how we use this data.

f. Extent of the Services

Our Services are provided for your convenience, and are not intended to be relied upon by you. Whilst we use reasonable efforts to provide effective Services, we cannot guarantee availability of the Services at all times nor the accuracy or appropriateness of information. In particular, you should make your own checks on the accuracy of your customer data and most importantly the address and contact details of such.
Inclusion of information or advertisements relating to venues or other third party goods or services offerings does not constitute any recommendation or endorsement by us of the relevant venue or such goods and services.
Access to the Application and Website may be suspended temporarily and without notice:
- in the case of system failure.
- for maintenance or repaire.
- where we reasonably suspect there has been a breach of these Terms.
- for reasons outside of our control.

g. Content provided by you

You agree that you:
- have provided and will provide accurate and complete information in your registration, profile, and will update such information as appropriate.
- will not upload or transmit to our (or our service provider's) systems or otherwise provide to us any unlawful content (including any content which is defamatory, obscene or abusive, or in breach of or an infringement of intellectual property or privacy rights, or any data protection or confidentiality obligations).
- where we reasonably suspect there has been a breach of these Terms.
- for reasons outside of our control.
Whilst we may not actively monitor any user content, you agree that we may, at our discretion and without liability to you, remove from the Application or Website any post or other content uploaded by you, including any content which is in breach of these Terms.
Any content that you upload to the Application or Website and any feedback or suggestions you provide to us regarding the Application or Website will be considered non-confidential and non-proprietary, and we have the right (subject to our privacy policy) to use, copy, distribute and disclose it to third parties for any purpose without limit in time and without payment to you.
To the extent permitted by law, we do not accept any liability or responsibility for any user content shared by any user or users of the Application or Website with any other user or users of the Application or Website.
You should not rely on our Services for storage or maintenance of information supplied to us from your origin and, in particular. We may, at any time at our absolute discretion, review and remove any content from the Services or request that you re-register or set up a new profile for your continued use of the Application and Services.

h. Requirements for your mobile device

Access to the Services relies on you being able to receive data over the internet via Wifi or mobile internet, using your mobile device and the Application. Whilst we do not make charges for your use of the Application or Website, you are responsible for making all arrangements and payments necessary for you to access the Services using the Application or Website, including internet and network connections, an appropriate iPhone or Android mobile device, and any additional software or hardware required. We are not responsible for the availability of the internet or any communications network nor any errors in or damage to connections, equipment or software that may occur in relation to your use of the Application, Website or Services.
You may only download and install the Application onto a device that you own, or if you do not own the device, you must have the permission from the owner(s) to do so. You accept responsibility under these Terms for the use of the Application and Website, whether or not you own the device onto which the Application is downloaded and installed, or the device from which the Website is accessed. You also acknowledge that the owner(s) of the device onto which the Application is installed may be charged by any relevant mobile network operator and/or internet service provider in relation to any data and/or mobile connectivity used by the Application.

i. Limitations of liability

We provide the Application and Website on an "as is" and "as available" basis. We make no guarantee that the Application or Website will be uninterrupted, error free, or free from viruses or other harmful components.
While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content in the Application or on the Website is accurate, complete or up-to-date.
Nothing in these Terms shall exclude or limit our liability for fraud, or for death or personal injury caused by negligence or other liability which cannot lawfully be excluded.
Except as may be expressly set out in these Terms, all conditions, representations and warranties relating to the Application, Website and the Services are excluded to the maximum extent permitted by law.
We shall not be liable for any defects or errors in the Application, Website or the Services, nor interruptions in or unavailability of the Services, nor any breach of any obligations due to a cause beyond our reasonable control.
We shall not be liable for:
- any loss, damage or distress arising from reliance on information or reliance on the availability of the Services.
- any loss of business, customers or profits.
- any indirect, consequential or economic loss, damage or distress (including any such loss, damage or distress arising from unauthorised use of or damage to your data or content), which you suffer in relation to these Terms, or your use of the Application, Website or the Services.

j. Changes

We may make changes to the Services, the Application, the Website or these Terms at any time at our absolute discretion.
Your continued access or use of the Application or Website after a change to these Terms signifies your acceptance of the updated or modified Terms. We may email registered users about any material changes to the Terms and we may notify you of a change to these Terms when you next start the Application or visit the Website. The new terms may be displayed on-screen via the Application or Website and you may be required to agree to them to continue your use of the Application or Website. The date these Terms were last updated appears at the top of these Terms.
If reasonably requested by us from time to time (by means of a notice within the Services, on our website, within the relevant application store or otherwise), you agree to install and use an updated or upgraded version of the Application in place of your current version, or to uninstall the Application if we cease to offer it and the Services to the public. All upgrades will fall within the definition of "Application" under these Terms.
Depending on the update or upgrade, you may not be able to use the Application until you have downloaded and installed the latest version of the Application and accepted any new terms. Some updates may not be available to certain models of device. In order to use the Application, you may be required to obtain certain updates and/or upgrades to your device. You are responsible for any costs and/or fees associated with any such updates/upgrades. You also understand and accept that:
- the device you use to access the Application or Website will require certain software in order for the Application or Website to work correctly and it is your responsibility to ensure that you have the required up-to-date software.
- the Application and Website have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the functionality of the Application or Website meets your requirements.

k. Privacy notice

You agree to our use of your data as set out in our privacy policy, which can be found at https://www.tracki.co.za/policy
In particular, please note that we may collate data relating to your business from use of Tracki Services. This data may be used for analysis and statistical purposes and we may share anonymised statistics and results.
If you have any concerns in relation to the way we are using your personal data, please contact us at admin@tracki.co.za

l. General

All provisions of these Terms which by their nature are intended to continue shall survive termination, including terms relating to exclusions and limitations of liability, intellectual property restrictions and on-going use of your data.
Termination of these Terms or the Services shall not affect accrued rights and liabilities of you or us up to the date of termination.
No provision of these Terms is intended to be enforceable by any person other than you and us.
We may sub-contract provision of the Application, Website and the Services or sub-license our rights under these Terms to our third party service providers.
We may, without your consent, assign any or all of our rights and obligations under these Terms to any successor in title of all or part of the Application, Website or the Services, or intellectual property or other rights subsisting in relation to the same.
Failure or delay by us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
These Terms constitute the entire agreement between you and us with respect to the subject matter and supersedes any and all prior agreements, negotiations and discussions relating to the same.
If any provision of these Terms is found by any court or legal authority to be invalid, unenforceable or illegal, the other provisions shall remain in force and, to the extent possible, the provision shall be modified to ensure it is valid, enforceable and legal, whilst maintaining or giving effect to its commercial intention.
These Terms are governed by the laws of South Africa and shall have exclusive jurisdiction to hear any disputes arising in connection with it