1. Acceptance of Terms
By accessing or using Traksend ("the Service", "we", "us", or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use the Service. These terms apply to all users, including courier businesses (Operators) and their customers (Recipients).
2. Description of Service
Traksend is a white-label delivery tracking platform that enables Nigerian courier businesses to provide real-time shipment tracking to their customers via a branded link — without requiring a mobile app. The Service includes:
- A web dashboard for Operators to manage deliveries and riders
- Real-time GPS tracking pages for Recipients
- WhatsApp and SMS notification integrations
- Rider mobile interface for location updates
3. Account Registration
To use the Service as an Operator, you must register and create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Keep your password confidential and not share it with any third party
- Notify us immediately if you suspect any unauthorized use of your account
- Accept responsibility for all activities that occur under your account
Each business may only maintain one active account. Creating duplicate accounts for the same business entity is prohibited.
4. Permitted Use
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
- To track, monitor, or surveil any individual without their knowledge and consent
- To deliver or facilitate the delivery of illegal goods or controlled substances
- To violate any applicable Nigerian federal or state law or regulation
- To impersonate any person or entity, or misrepresent your affiliation
- To transmit unsolicited communications (spam) to Recipients
- To interfere with or disrupt the integrity or performance of the Service
- To attempt to gain unauthorized access to any part of the Service or its systems
5. Operator Responsibilities
As an Operator, you are responsible for:
- Rider consent: Obtaining explicit consent from all riders before enabling GPS location tracking
- Customer communication: Ensuring Recipients are informed that their delivery is being tracked and that Traksend powers the tracking feature
- Data accuracy: Providing accurate delivery information, addresses, and contact details
- Lawful operation: Operating your courier business in compliance with all applicable Nigerian laws, including obtaining required business registrations and permits
- Sub-user conduct: Ensuring that your riders and staff comply with these Terms
6. Subscription and Billing
Traksend offers a free tier and paid subscription plans. By subscribing to a paid plan, you agree to the following:
- Subscription fees are billed monthly or annually in advance
- All fees are quoted and charged in Nigerian Naira (NGN) unless otherwise stated
- Payments are non-refundable except as required by applicable law or as expressly provided in our refund policy
- We reserve the right to modify our pricing with 30 days' notice via email
- Failure to pay may result in suspension or termination of your account
7. Intellectual Property
The Service and its original content, features, and functionality are owned by Traksend and are protected by Nigerian and international copyright, trademark, and other intellectual property laws.
You retain ownership of any data you upload to the Service (delivery records, customer information, etc.). You grant us a limited, non-exclusive license to process and store this data solely for the purpose of providing the Service to you.
You may not copy, modify, distribute, sell, or lease any part of our Service or software, nor reverse-engineer any part of it.
8. Privacy and Data Protection
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of personal data as described in the Privacy Policy.
As an Operator, you act as a data controller for your customers' personal data processed through the Service. You are responsible for complying with the Nigeria Data Protection Act (NDPA) 2023 and any other applicable data protection legislation.
9. Third-Party Services
The Service integrates with third-party providers including Google Maps, Supabase, and WhatsApp. Your use of these integrations is subject to those providers' respective terms of service. We are not responsible for the availability, accuracy, or content of third-party services.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES INCLUDING, WITHOUT LIMITATION:
- Warranties of merchantability, fitness for a particular purpose, or non-infringement
- That the Service will be uninterrupted, error-free, or completely secure
- The accuracy of GPS location data, which may be affected by device limitations, network conditions, or environmental factors
- That delivery time estimates will be accurate
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRAKSEND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM:
- Your use or inability to use the Service
- Lost deliveries or damaged goods
- Unauthorized access to your data
- Any errors or omissions in tracking information
Our total liability to you for any claims arising under these Terms shall not exceed the fees you paid to us in the three (3) months preceding the claim.
12. Indemnification
You agree to indemnify and hold harmless Traksend, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
13. Termination
We may suspend or terminate your account immediately, without prior notice, if you breach these Terms or if we reasonably believe your use poses a risk to other users or the Service.
You may cancel your account at any time from your dashboard settings. Upon termination, your right to use the Service ceases immediately. We may retain your data for up to 30 days after termination to allow for data export, after which it will be deleted.
14. Governing Law and Disputes
These Terms are governed by the laws of the Federal Republic of Nigeria. Any dispute arising from these Terms or your use of the Service shall be resolved exclusively in the courts of Lagos State, Nigeria.
Before initiating legal proceedings, you agree to attempt to resolve any dispute informally by contacting us at legal@traksend.com and allowing 30 days for resolution.
15. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes via email or a prominent notice on the Service at least 14 days before changes take effect. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
16. Contact Us
If you have any questions about these Terms, please contact us:
- Email: legal@traksend.com
- Address: Lagos, Nigeria