These Terms of Use (“Terms”) govern your access to and use of the services, content, applications, websites (collectively, the “Services”) and phone services provided by Trakerr Technologies, a company established in Ethiopia. By accessing or using the Services, you agree to be bound by these Terms, forming a binding contract between you and Trakerr. This document is an electronic record in terms of Information Technology and does not require any physical or digital signatures. PLEASE ENSURE THAT YOU READ AND UNDERSTAND THESE ENTIRE USER TERMS BEFORE YOU USE THE SERVICES/APPLICATION. If you do not agree to these Terms, you must refrain from using the Services.
Trakerr reserves the right to modify or amend these Terms at any time. Amendments will take effect immediately upon posting. Your continued use of the Services after such changes constitutes your acceptance of the modified Terms.
Unless otherwise specified or implied by context, the following terms apply to this Agreement and to all services provided through the Trakerr platform, for all Users (including shippers, carriers, drivers, and transport partners):
Trakerr operates a platform that connects users with independent third-party service providers for various logistics and transportation services. Through the Trakerr platform (available via mobile apps, websites and phones), users can schedule and arrange services such as goods transportation and logistics coordination services. All services are provided by third-party contractors (referred to as “Third Party Providers”) who are not employed by Trakerr. Trakerr is not a provider of transportation or logistics services but instead facilitates access to these services via the platform.
You acknowledge that Trakerr does not directly provide logistics, freight, or transportation services, nor does it operate as the carrier. All such services are provided by independent third-party contractors, not employees of Trakerr. Trakerr verifies the identity and performance standards of these contractors, but the services themselves are the sole responsibility of the Third Party Providers.
Trakerr does not directly provide insurance services and is not an insurance provider or underwriter. All insurance-related services are facilitated by independent third-party providers, who are not employees or agents of Trakerr. Users are required to confirm insurance coverage directly with the third-party transportation provider or carrier before proceeding, as Trakerr does not provide or assume responsibility for insurance coverage of shipments.
By accepting either a system-generated quotation or a successful bid, a binding agreement is formed between the requesting User and the User providing transportation services, subject to these Terms and Conditions and any additional terms specified in the Platform or by the service provider.
Subject to compliance with these Terms and applicable laws of Ethiopia, Trakerr grants Users a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform and the Services. This license permits use of the Services solely to request, provide, or manage transportation and logistics services via the Platform.
Any other use of the Services including modifying, copying, distributing, reverse engineering, or creating derivative works is strictly prohibited. Users shall not use the Platform for any unlawful, fraudulent, or abusive purposes, including but not limited to transporting prohibited or regulated goods without proper authorization, engaging in tax evasion, misrepresenting shipment details, violating transport or safety regulations, or breaching applicable commercial and digital transaction laws in Ethiopia.
Users agree not to:
Trakerr reserves the right to investigate and take action against any violations of these Terms by Users to the fullest extent permitted by law. This may include involving and cooperating with law enforcement authorities to address Users who breach these Terms.
Users acknowledge that Trakerr is not obligated to monitor use of the Platform, Services, or User-submitted content. However, Trakerr may review or monitor such use when necessary to operate the Platform, enforce these Terms, or comply with applicable laws and legal requirements.
Trakerr may, at any time and without prior notice, remove or disable access to any content that it considers, at its sole discretion, to be in violation of these Terms or harmful to the Platform, Services, or Application.
By using the Trakerr platform, you acknowledge and agree that some services or content may be provided by third parties that operate independently of Trakerr and are beyond Trakerr’s control. Trakerr does not assume responsibility for any third-party services or content accessed through the platform. When engaging with such services, you are subject to the terms and conditions of the respective third-party providers.
You agree that Trakerr may share your information with trusted third-party providers when necessary to deliver certain value-added services. By using the Platform, you consent to receive communications from Trakerr and its partners via your registered phone number, email, or through the Platform. Such communications will not be considered spam or unsolicited. You also acknowledge that Trakerr is not responsible for any communications, actions, or services provided by these third-party partners.
All intellectual property rights associated with the Site, Application, product or Services, including trademarks, logos, and content, are owned by Trakerr. Your use of the Services does not grant you any ownership rights to the platform or its content. Third-party trademarks may appear on the Site/Application, and all rights to those trademarks are reserved to their respective registered owners. For the use of any third party's intellectual property, you must obtain direct permission from the owner of the intellectual property for any use.
To access certain features of the Services, you must create and maintain an active user account. You agree to provide accurate, current, and complete information during the registration process, including your name, email address, phone number, and other required details. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Failure to maintain accurate account information may result in restrictions on your use of the Services.
By creating an account, you agree to receive informational text (SMS) messages related to your use of the services. You can opt out of receiving SMS messages at any time by emailing support@trakerr.com with your request and the phone number associated with your account. Please note that opting out of SMS messages may affect your ability to use certain features of the services
You are responsible for obtaining the necessary data network access to use the Services. Additionally, you are responsible for acquiring and maintaining the compatible hardware or devices required to access and use the Services, including any updates. Trakerr does not guarantee that the Services will function on any specific hardware or device. Services may be subject to malfunctions or delays inherent in internet and electronic communications.
11.1 Service Charges
Use of the Trakerr platform will result in charges for transportation and logistics services provided by Drivers (Carriers) to Users (Shippers) (“Charges”).
Charges for a shipment or transportation service are determined based on factors including, but not limited to: base service fee, distance, cargo weight/size/volume, vehicle type, route conditions, and any additional services requested by the User.
All applicable Charges are displayed or communicated through the Platform at the time of request or prior to confirmation of a booking or shipment, and the agreed price will remain fixed once the service is confirmed, unless additional services or operational changes occur.
11.2 Additional Charges
Additional charges may apply in certain operational circumstances, including but not limited to:
Where possible, such additional charges will be calculated and communicated through the platform.
11.3 Payment Methods
Payments for transportation services may be made using payment methods supported by the Trakerr platform, which may include:
Available payment options may vary depending on location, service type, or operational circumstances.
11.4 Cash Payments
Where the User selects cash payment, the User shall pay the Carrier directly upon completion of the transportation or delivery service.
Trakerr does not collect, receive, or hold any cash payments and is not responsible for such transactions between Users and Drivers.
11.5 Platform-Facilitated Payments
Where electronic payments are used, transactions are processed directly between the User and the Driver through third-party payment service providers integrated into the Platform. Trakerr does not receive, hold, or transfer any funds at any stage. Trakerr’s role is limited to enabling access to third-party payment systems for convenience only. Trakerr does not provide banking, financial, or escrow services.
11.6 Platform Service Fees and Commission
Third-party transportation providers, carriers or drivers agree that Trakerr will charge platform service fees for access to and use of the Trakerr technology platform.
Such fees may include:
These fees may be automatically deducted from:
Trakerr reserves the right to establish, modify, or remove such fees at its sole discretion, subject to reasonable notice where applicable.
11.7 Driver Wallet System
Trakerr may operate a digital wallet or balance system within the Driver application.
Under this system:
The wallet system is provided solely for operational and accounting purposes and does not constitute a banking, savings, or financial deposit service.
11.8 Corporate and Account-Based Services
Trakerr may offer corporate or enterprise accounts for organizations requiring regular logistics services.
Under such arrangements:
Failure to settle invoices within agreed terms may result in account suspension or service restriction.
11.9 Pricing Changes
Trakerr reserves the right to modify or update its pricing structures, service categories, commission rates, and platform service fees from time to time, in order to reflect operational needs, market conditions, or regulatory requirements.
Any price confirmed for a shipment through the platform will generally remain fixed once the shipment has been accepted, unless additional services or changes are requested.
11.10 Payment Disputes
Any disputes relating to payment amounts, service completion, cargo handling, or service quality shall first be addressed and resolved directly between the shipper and carrier or third-party transportation partner.
Trakerr may, at its discretion, provide tools and support intended to facilitate communication and dispute resolution, including but not limited to:
Where a dispute cannot be resolved directly between the parties, either party may submit the matter through the dispute reporting mechanisms available within the platform. Trakerr may review the matter and provide operational assistance, guidance, or recommendations to facilitate resolution.
In cases involving fraud, misuse of the platform, violation of these Terms, or other unlawful conduct, Trakerr reserves the right to investigate the matter and take appropriate action, which may include:
Any dispute or claim between Shippers and Carriers should first be resolved amicably through mutual discussion. If a resolution cannot be reached through mutual discussion, the dispute will be resolved in a court of competent jurisdiction in Addis Ababa, Ethiopia. Trakerr will cooperate fully and provide all necessary documentation as required by law or the relevant court.
11.11 Late or Failed Payments
Trakerr reserves the right to suspend, restrict, or limit access to the Platform where payments are delayed, fail, or are disputed by Users. This may include restricting access to certain features, preventing new booking requests or accepting load requests, or temporarily disabling account usage until the outstanding issue is resolved.
In cases of failed or disputed payments, Trakerr may require Users to settle outstanding amounts or provide clarification before restoring full access to the Platform. Repeated payment failures or unresolved disputes may result in further account restrictions or termination of access in accordance with these Terms.
11.12 Taxes and Regulatory Charges
All Users are responsible for any applicable taxes, duties, levies, or government-imposed charges arising from the use of the Services or completion of transportation transactions, unless otherwise stated by Trakerr.
Carriers or third-party transportation partners are solely responsible for declaring and paying all applicable taxes on income earned through the Platform, as well as complying with Ethiopian tax laws, business registration requirements, and maintaining all necessary permits, licenses, and regulatory approvals for providing transportation services.
11.13 Fraud Prevention and Payment Security
Users shall not engage in any fraudulent, deceptive, or unauthorized payment practices, including but not limited to:
Trakerr reserves the right, at its sole discretion, to take appropriate measures to protect the integrity of the platform and its users, including:
Trakerr may also pursue legal action against any party engaging in fraudulent practices, including recovery of funds, damages, or other remedies available under Ethiopian law.
You must be at least 18 years of age, or the age of majority in your jurisdiction, to create an account and use the Services. You agree to comply with all applicable laws while using the platform, and you are solely responsible for ensuring that your actions do not violate any legal or regulatory requirements. You may only use the Services for lawful purposes and must refrain from causing any inconvenience, nuisance, or damage to other users or third-party providers.
You may cancel your service request before the Driver or Third-Party Provider’s start moving to the pickup location, but a cancellation fee may apply.
As a user of the Services, you are responsible for ensuring that necessary permissions and approvals are in place for services such as transportation or logistics. This includes obtaining necessary clearances and documentations from regulatory authorities, and other relevant entities. You must also ensure that loading and unloading conditions are suitable, including having appropriate equipment available at the pick-up and drop-off locations.
Trakerr may offer promotional codes (“Promo Codes”) for discounted services or credits. Promo Codes must be used in accordance with the specific terms provided and may not be transferred, sold, or duplicated. Trakerr reserves the right to revoke or disable Promo Codes at its discretion and may not be liable for any loss incurred if a Promo Code is invalid or expires.
Trakerr may allow you to submit content to the platform, including feedback, reviews, or suggestions (“User Content”). By submitting User Content, you grant Trakerr a worldwide, royalty-free license to use, modify, and distribute such content for promotional and business purposes. You represent and warrant that you own or have the rights to all User Content and that it does not infringe on the intellectual property or privacy rights of third parties.
Trakerr values your privacy and is committed to protecting your personal information. Our collection and use of your data are governed by the Privacy Policy available on the Trakerr website, which can be accessed at www.trakerr.com. By using the Services, you agree to the terms of our Privacy Policy, which outlines how your information is handled, stored, and shared. In the event of a dispute between you and a Third-Party Provider (such as a transportation network company driver), Trakerr may share relevant information, including your contact details, with a claims processor or insurer to help resolve the issue.
To the fullest extent permitted by law, Trakerr’s liability for any claim arising out of or related to the Services is limited to the amount paid by you for those Services. Trakerr is not liable or responsible for any indirect, incidental, or consequential damages resulting from your use of, or inability to use, the Services.
Trakerr will not be liable for any compensation or damages arising from such actions, including but not limited to temporary service unavailability.
These Terms are governed by and construed in accordance with the laws of the Ethiopia, without regard to its conflict of law principles.
The services are provided "as is" and "as available." Trakerr disclaims all representations and warranties, express, implied, or statutory that are not expressly set out in these terms. This includes but is not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Trakerr does not make any representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or goods requested through the use of the services, nor does Trakerr guarantee that the services will be uninterrupted or error-free. The operation of the services may be affected by internet or telecommunications delays, technical malfunctions, or system failures that are beyond Trakerr's control, and Trakerr does not accept responsibility for such delays or issues.
Trakerr does not guarantee the quality, suitability, safety, or ability of third-party providers (including any drivers, vendors, or other contractors). You acknowledge and agree that any risk arising out of your use of the services, including but not limited to any transportation, logistics, or other services obtained through third-party providers, remains with you to the maximum extent permitted under applicable law. This applies even if Trakerr has been advised of the possibility of such damages, losses, or injuries.
Risks Associated with Transporting Goods in High-Risk Areas
You acknowledge and understand that transporting through High-Risk Areas exposes cargo, trucks, and personnel to heightened risks, including theft, looting, hijacking, or attacks by armed or unarmed forces. Presence of armed groups or opposition actors in such regions may result in damage, destruction, or delays of goods and trucks. Users acknowledge and accept these risks, and Trakerr shall not be held liable for losses or delays arising from circumstances beyond its reasonable control in High-Risk Areas.
To the maximum extent permitted under applicable law, Trakerr shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages of any kind, including but not limited to lost profits, lost data, personal injury, property damage, or any other damages arising from or in connection with your use of the services, especially when transporting goods in high-risk areas.
Trakerr shall not be liable for any damages, liability, or losses arising out of:
In no event shall Trakerr's total liability to you, whether in contract, tort, or otherwise, exceed ETB 5,000 (Five thousand Ethiopian Birr) for all claims, damages, losses, or causes of action arising out of or in connection with these terms and the use of the services.
You agree to indemnify, defend, and hold harmless Trakerr, its subsidiaries, affiliates, officers, directors, employees, contractors, agents, and third-party providers (collectively, the “Indemnified Parties”) from and against any and all claims, demands, losses, liabilities, damages, expenses, costs, including attorneys' fees, arising out of or in connection with:
In the event of such a claim, Trakerr will have the right, but not the obligation, to control the defense of the claim. You agree to cooperate with Trakerr in the defense of any such claim.
This indemnity clause is binding on you and your heirs, executors, administrators, or other legal representatives. It survives the termination or expiration of these terms.
The invalidity or unenforceability of any provision of these User Terms shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.
In the event of any contradiction or inconsistency between these User Terms and any other agreement executed between you and Trakerr, the terms of these User Terms shall prevail, unless a specific exception has been expressly agreed upon in writing, referencing the relevant clause being modified under these User Terms.
These User Terms shall be governed by and construed in accordance with the laws of Ethiopia. Any dispute, claim, or controversy arising out of or relating to these User Terms including their breach, termination, enforcement, interpretation, or validity, or the use of the Site, Service, or Application (collectively, “Disputes”), shall first be attempted to be resolved amicably through good-faith negotiation and consultation at an office designated by Trakerr.
If any dispute arising out of or in connection with these Terms is not resolved through good-faith negotiations within thirty (30) days, the parties shall first attempt to resolve it through binding arbitration under the applicable laws of Ethiopia governing arbitration.
The arbitration shall be conducted in Addis Ababa, Ethiopia by a sole arbitrator mutually agreed upon by the parties, and the arbitrator’s decision shall be final and binding on both parties.
If the parties fail to agree on the arbitrator within a reasonable time or if arbitration is not commenced or does not resolve the dispute for any lawful reason, the dispute shall be finally submitted to the competent courts in Addis Ababa, Ethiopia, which shall have exclusive jurisdiction.
