TERMS & CONDITIONS FOR USE OF OUR SERVICE

The following terms and conditions shall apply to customers utilizing the Services offered by traxl for the hiring of mini-trucks or trucks:

The customer shall pay the fare (as agreed), parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the mini-truck, truck or moving services.

The customer agrees and accepts that the use of the services provided by traxl is at the sole risk of the customer, and further acknowledges that traxl disclaims all representations and warranties of any kind, whether express or implied.

DEFINITIONS

The following definitions apply to the terms and conditions set out below that govern these terms of Carriage between you and us.

●                    "We", "us", "our", "Carrier", “Traxl” shall refer to Traxl LLC (owner of Traxl), its employees, authorised agents and its independent contractors and the entities that carry or undertake to carry the consignment hereunder or perform any other services incidental thereto on its behalf.

●                    “You”, “your”, “consignor” shall refer to the sender, consignor or consignee of the Consignment, holder of this Consignment Note, receiver and owner of the contents of the Consignment or any other party having a legal interest in those contents, as the case may be.

●                    "Carriage" means and includes the whole of the operations and services undertaken by us in connection with the Consignment.

●                    "Consignment" means any package, parcel, satchel, or freight which is or are given to and accepted by us for carriage under our Consignment note.

●                    “Dangerous Goods” means goods classified as dangerous as per ICAO T.I., IATA DGR, IMDG-Code, ADR or ther national regulations for transport in Egypt.

●                    “Delivery” means the tender of the consignment to the consignee or intimation about the arrival of the consignment.

●                    "Prohibited Items" means any goods or materials, the Carriage of which is prohibited by any law, rule or regulation of Egypt.

●                    “Receiver” or “Consignee” shall refer to the recipient or addressee or the consignee of the Consignment.

The customer shall ensure that he/she will not indulge in any of the following activities while availing the service:

●        Soiling or damaging the body and/or any other interiors of the mini-truck or truck.

●        Misusing, soiling or damaging any of the devices (technical/non-technical) in the truck.

●        Asking the driver to break any Traffic/RTO/City Police and/or government rules for any purpose. The driver has the right to refuse such a request by the customer. The driver also has the right to refuse such a pick-up.

●        Pressurizing the driver to overload truck with the consignment than the allowed limit.

The customer shall indemnify Traxl from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which Traxl may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the services by the customer and shall pay such sums on demand on Traxl.

Traxl is hereby authorized to use the location-based information provided by any of the telecommunication companies when the customer uses the mobile phone to make a mini-truck, truck or moving service booking. The location-based information will be used only to facilitate and improve the probability of locating a mini-truck for the customer.

Traxl shall be entitled to disclose to all companies within its group, or any government body as so required by the law or by directive or request from any government body, the particulars of the Customer in the possession of Traxl in any way as Traxl, in its absolute discretion, deems fit or if it considers it in its interests to do so.

Traxl shall be entitled at any time without giving any reason to terminate the booking of the truck or moving service done by the customer. User(s) shall indemnify Traxl with respect to any expenses incurred with respect to such booking.

In case of lost items while drivers or Traxl outsourced companies provide moving services during the journey, Traxl will try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage to the same. Traxl aggregates outsourced trucks, mini-trucks or moving companies for the purposes of providing services. In the event of loss of any item, User(s) shall not have any right to withhold the payment to be made towards Traxl. Further, in the event any payments from the User to Traxl are pending for the period prescribed by Traxl in its respective invoice, Traxl reserves the right to exercise particular lien over the consignment till full payment is made to Traxl for its services. Additionally, User(s) will be liable to indemnify Traxl against any loss, damage or expenses incurred by us due to the custody of the consignment during this period.

Any complaint in respect of the Services or the use of the mini-truck, the Customer has to inform Traxl of the same in writing within 24 hours of using the mini-truck, truck, moving services or any other Services of Traxl.

Traxl shall not be liable for any conduct of the drivers of the mini-trucks. However, Traxl encourages you to notify it of any complaints that you may have against the driver that you may have hired using Traxl's Services. Traxl shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the Customer shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at Traxl's website at www.traxl.com on the date that Traxl may indicate that such addition, variation or amendment is to come into effect.

All the calls made to Traxl's call centre could be recorded by Traxl for quality and training purposes. In the event You place a query on our app/website including query with respect to our Services, applicable fees or terms of Service, You hereby expressly agree to consent to receive our responses, whether by way of telephonic calls or electronic mail, to such query and all related information with respect to our Services. For removal of doubts, related information shall include without limitation any marketing and/or commercial information. You understand and agree that such information shall in no event qualify as unsolicited commercial communication under any other applicable law.

Cancellation Policy: All cancellations made 15 mins after the booking will incur a cancellation fee. Cancelling two bookings after driver allocation in a day will temporarily block your account for a period decided by Traxl. Your account will be activated post that period figures are subject to change

Toll Charges: In case of a toll on your trip, return toll fare will be charged.

CONFIDENTIALITY

User(s) shall not disclose any information received under the contract of service with Traxl to any third party. Access to any information which pertains to business of Traxl shall be kept confidential to the extent it might adversely impact Traxl’s business. User(s) shall be liable to indemnify Traxl against any loss of business or reputation due to the act of the user(s).

DISCLAIMER

All vehicles registered with Traxl are continuously tracked using mobile technology for security and performance reasons. It is expressly made clear to you hereby that Traxl does not own any mini-truck, truck nor does it directly or indirectly employ any drivers for the vehicle. Mini-trucks, trucks, moving companies and drivers are all supplied by third parties and Traxl disclaims any and all liability in respect of the drivers and the mini-trucks, trucks, or moving services alike.

Traxl has right to use the customer contact information for its own marketing purposes. Traxl may send regular SMS updates to the mobile numbers registered with it.

TRUCKS OR MINI-TRUCKS TERMS AND CONDITIONS

The following terms and conditions shall apply to customers utilising the services offered by Traxl for the hiring of mini-trucks:

●        Only ground floor to ground floor loading/unloading is allowed

●        Distance between Traxl truck and loading/unloading point should not be more than 25 feet (8 metres).

●        Max weight per box allowed is 25 kg and up to 30 such boxes are allowed.

●        Labour charge will be automatically added to the invoice.

●        You or the consignee shall deliver the security code to our representative.

YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS

By giving us your consignment, you accept our terms and conditions set out in the consignment note and/or the contract of carriage and/or the contract for the performance of other services on behalf of yourself and/or anyone else who has an interest in the consignment or the performance of other services irrespective of whether you have signed the front of our consignment note or not. Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, deliver your consignment or perform other services as well as our employees, directors and agents.  Only one of our authorised officers may agree to a variation of these terms and conditions in writing. When you give us the consignment with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions.

YOUR OBLIGATIONS

●        You warrant, undertake and guarantee to us:

i.            The contents of the consignment (including but not limited to weight and number of items) have been properly described on our consignment note and that the Consignment Note is complete in all respects and the documents as required for providing the moving services. 

                  ii.            That the contents of the Consignment are not Prohibited Items and/or are not restricted by the applicable regulations and that you will supply to us any Dangerous Goods declaration that is needed, properly and accurately in accordance with all applicable laws, rules and regulations and neither you nor the consignee is a person or organisation with whom we or you may not legally trade under any applicable laws or regulations.

                iii.            That all statements and information and documents provided by you relating to the Consignment will be true and correct and you acknowledge that in the event that you make untrue or fraudulent statement about the Consignment or any of its contents, you would risk a civil claim and/or criminal prosecution the penalties for which may include forfeiture and sale. You agree to indemnify us and hold us harmless from any claims that may be brought against us or our agents arising from the information provided by you.

a.       We are authorised to deliver the goods at the address mentioned on the Consignment Note and without prejudice to the foregoing it is expressly agreed that we shall be conclusively presumed to have delivered the goods in accordance with this contract.

b.       We will be sending the delivery confirmation by SMS/e-mails or through our app notification system, no-response within 24 hours would be considered as an affirmative to the delivery.

                 iv.            You have declared the correct weight of the consignment and you will provide any special equipment we may need to load or unload the consignment on or off mini-trucks or trucks providing the moving service.

                   v.            When you have asked us to charge the receiver or a third party and the receiver or third party does not pay us you will promptly settle our invoice together with an administration fee in full within 7 days of us sending you the receipt.

                 vi.            All applicable laws and regulations have been complied with by you.

●        You agree to indemnify us and hold us harmless from any liabilities we may suffer or any costs, damages or expenses, including legal costs, we incur either to you or to anyone else arising out of you being in breach of any of these warranties, representations and guarantees, even if we inadvertently accept a consignment that contravenes any of your obligations.

●        You certify that all statements and information you provide relating to the transportation of the consignment will be true and correct. You acknowledge that in the event that you make untrue or fraudulent statements about the consignment or any of its contents you risk a civil claim and/or criminal prosecution the penalties for which include forfeiture and sale of your consignment.  To the extent that we may voluntarily assist you in completing the required customs and other formalities such assistance will be rendered at your sole risk.  You agree to indemnify us and hold us harmless from any claims that may be brought against us arising from the information you provide to us and any costs we will incur regarding this and pay any administration fee we may charge you for providing the services described in this condition.

●        The customer agrees and acknowledges that the use of the Services offered by Traxl is at the sole risk of the customer and that Traxl disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law. Without prejudice to the above, Traxl makes no representation or warranties with respect to:

                                      i.            The services meeting the customer's requirements.

                                    ii.            The services will be uninterrupted, timely, secure, or error-free.

                                  iii.            Any responsibility or liability for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of truck service offered by Traxl or due to the failure of Traxl to provide Services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Traxl or any person or any organization involved in the above mentioned systems.

                                  iv.            Any liability for any damages of any kind arising from the use of the Service offered by Traxl, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

                                    v.            Any additional or extra charges for far off locations & toll charges as well.

                                  vi.            Any alternate arrangement(s) if the mini-truck has not reached due to any reason.

●        We are not liable if we do not fulfil any obligations towards you at all as a result of:

a)       Circumstances beyond our control such as (but not limited to):

                    i.            Acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost or other natural calamities or disasters

                  ii.            Force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions.

                iii.            National or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery.

                 iv.            Latent defects or inherent vice in the contents of the consignment.

                   v.            Criminal acts of third parties such as theft and arson.

b)      Your acts or omissions or those of third parties such as:

        i.            You being in breach of (or any other party claiming an interest in the consignment causing you to breach) your obligations under these terms and conditions.

      ii.            The contents of the consignment consisting of any article that is a prohibited item even though we may have accepted the consignment by mistake.

DANGEROUS GOODS / SECURITY

●        Dangerous Goods

a.       We do not carry, nor perform other services regarding, goods which are in our sole opinion Dangerous Goods including, but not limited to, those specified in the regulations, guidelines, technical instructions, codes applicable to us and our business or to the transport of, or the performance of other services regarding, Dangerous Goods.

b.       We may at our discretion accept some Dangerous Goods for carriage, or for the performance of other services, in some locations if you have been accorded the status of an approved customer and this must be given by us in writing before your consignment can be accepted.  Your Dangerous Goods will only be accepted if they comply with the applicable regulations and our requirements. Details of our requirements together with the procedure for applying for approved customer status are available from our nearest office and a dangerous goods surcharge will be invoiced to you upon acceptance of your consignment.

●        Prohibited Items: We do not accept consignments that contain prohibited items.

●        We accept consignments only upon your declaration of the type and value of the consignment (“said to contain” basis). We have no responsibility whatsoever as to the correctness of description, type or value thereof and you agree to indemnify us and hold us harmless from any claims that may be brought against us arising out of or relating to such declaration provided by you and any costs we will incur relating thereto.

REJECTED CONSIGNMENTS

If the receiver refuses to accept delivery we will try to contact you and agree the appropriate next action.  You agree to pay us any costs we incur in forwarding, disposing of or returning the consignment and our charges (if any) for the agreed appropriate next action.

If user(s) terminates the agreement with Traxl with respect to any consignment, user(s) shall be liable to pay Traxl the entire fees and other expenses so incurred with respect to such consignment.

CLAIMS BROUGHT BY THIRD PARTIES

You undertake to us that you shall not permit any other person who has an interest in the consignment to bring a claim or action against us arising out of Carriage even though we may have been negligent or in default and if a claim or action is made you will indemnify us against the consequences of the claim or action and the costs and expenses we incur in defending it.

The above-mentioned terms and conditions of use and/or Agreement and the Privacy Policy constitute the entire agreement between the User(s) and Traxl with respect to access to and use of the web site and the Services offered by Traxl, superseding any prior written or oral agreements in relation to the same subject matter herein.

DISCLAIMER

The information contained in this website is for general information purposes only. The information is provided by Traxl and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Traxl. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the portal up and running smoothly. However, Traxl takes no responsibility for, and will not be liable for, the portal being temporarily unavailable due to technical issues beyond our control.

INSURANCE POLICY

Traxl does not include any charges towards insurance. Traxl is not responsible for insuring any goods that are transferred by trucks or mini-trucks that has been requested through Traxl’s platform. The customer may obtain a third-party insurance on the goods under his own responsibility. If the customer has obtained an insurance for his shipment from a third party, the customer has to inform us that he/she wishes to lodge an insurance claim and the next steps as advised by his Insurer. If required we can help in the survey process initiated by the Insurer of the customer. We can provide a Certificate of Facts, which is an important document for claiming the insurance.

Traxl does not bear any liability for the goods being shipped unless it is established with a conclusive evidence, that the damage or theft was due to reckless driving from the authorities. In that case the driver transporting the goods is the only party  that is liable for the goods that have been damaged or lost due to his reckless driving according to the contract between Traxl and the driver, and only in such cases, after the evidence is shared with us, Traxl will take all legal steps to charge the driver against the value of goods damaged and will offer all cooperation needed to recover the value of the goods from the driver responsible for lost or damaged goods. This could be having Traxl provide the driver’s personal information and the contract between the driver and Traxl that holds the driver responsible for such events.

Traxl do not charge a risk rate and our billable rates are purely a factor of utilization of the vehicle (distance + time) without factoring any of the insurable risks or the value of goods being transported. We accept the goods for shipments on said to contain basis. Traxl would recommend exercising extreme caution in case of transporting extremely fragile/flammable goods or goods which are prone to damage while transporting. If you have any doubts regarding the goods that may be transported on our platform, please refer to our Terms of Service or contact us.

Terms of Use of Our Website

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

What's in these terms?

These terms tell you the rules for using our website.

Click on the links below to go straight to more information on each area:

·         Who we are and how to contact us.

·         By using our site you accept these terms.

·         There are other terms that may apply to you.

·         We may make changes to these terms.

·         We may make changes to our site.

·         We may suspend or withdraw our site.

·         Our site is only for users in Egypt.

·         You must keep your account details safe.

·         How you may use material on our site.

·         Do not rely on information on our site.

·         We are not responsible for websites we link to our site.

·         User-generated content is not approved by us.

·         When we are responsible for loss or damage suffered by you (see terms of use).

·         Rules about uploading content to our site (check privacy policy)

·         Rights you are giving us to use material you upload (see privacy policy)

·         We are not responsible for viruses and you must not introduce them (see terms of use)

·         Rules about linking to our site. (see terms of use)

·         Which country's laws apply to any disputes? (see terms of use)

·         Our trademarks are registered here.

Who we are and how to contact us

[www.traxl.com] is a site operated by [Traxl LLC] ("We, Traxl"). We are registered in Egypt under Traxl number [112047] and have our registered office at [14 El-Batraw st. – Nasr City- Cairo]. Our VAT number is [VAT NUMBER].

To contact us, please email [info@traxl.com]

By using our site, you accept these terms

By using our site/ application, you confirm that you accept these terms of use and that you agree to comply with them, which together with our privacy policy govern the relationship with you in relation to this application/website and the Service (as described below)

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

These Terms expressly supersede prior agreements or arrangements with you and Traxl.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

·         Our Privacy Policy

·         Our Acceptable Use Policy which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

·         Our Cookie Policy, which sets out information about the cookies on our site.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. [These terms were most recently updated on [1-5-2018].

We may make changes to our site

We may update and change our site from time to time [to reflect changes to our products, our users' needs and our business priorities.

We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our site is only for users in Egypt

Our site is directed to people residing in Egypt. We do not represent that content available on or through our site is appropriate for use or available in other locations.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at [info@traxl.com].

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

·         We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

·         Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in our Terms and conditions of supply [www.traxl.com/terms-and-conditions].

If you are a business user:

·         We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

·         We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

·         use of, or inability to use, our site; or

·         use of or reliance on any content displayed on our site.

·         In particular, we will not be liable for:

·         loss of profits, sales, business, or revenue;

·         business interruption;

·         loss of anticipated savings;

·         loss of business opportunity, goodwill or reputation; or

·         any indirect or consequential loss or damage.

If you are a consumer user:

·         Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

·         If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. [However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us [and other users of our site] a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy

You are solely responsible for securing and backing up your content.

Rights you are giving us to use material you upload

When you upload or post content to our site, you grant us the following rights to use that content:

·         Review terms of use to know more about LICENCES GRANTED TO THE WEBSITE OWNER and LICENCES GRANTED TO OTHER USERS OF THE SITE OR TO THIRD PARTIES.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the laws of Egypt. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy

If you wish to link to or make any use of content on our site other than that set out above, please contact [info@traxl.com].

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by the laws of Egypt. You and we both agree that the courts of Egypt will have exclusive jurisdiction.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of Egypt. We both agree to the exclusive jurisdiction of the courts of Egypt.

Our trademarks are registered

["Traxl"] and ["traxl"] are Egyptian registered trademarks of Traxl LLC. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our site.

Website Use Policy

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE SITE

What's in these terms?

This acceptable use policy sets out the content standards that apply when you upload content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way,

Who we are and how to contact us

www.traxl.com is a site operated by [Traxl LLC] ("We, Traxl"). We are registered in Egypt under Traxl number [112047] and have our registered office at 14 El-Batrawy st. – Nasr City – Cairo. Our VAT number is [VAT NUMBER].

To contact us, please email info@traxl.com, or telephone our customer service line on +20-1008140004

By using our site, you accept these terms

By using our site, you confirm that you accept the terms of this policy and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

Our Terms of website use also apply to your use of our site.

We may make changes to the terms of this policy

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. [These terms were most recently updated on 1-5-2018.

Prohibited uses

You may use our site only for lawful purposes.  You may not use our site:

·         In any way that breaches any applicable local, national or international law or regulation.

·         In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

·         For the purpose of harming or attempting to harm minors in any way.

·         To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards [INSERT AS LINK TO CONTENT STANDARDS BELOW].

·         To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

·         To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

·         Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.

·         Not to access without authority, interfere with, damage or disrupt:

·         any part of our site;

·         any equipment or network on which our site is stored;

·         any software used in the provision of our site; or

·         any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our site, including, without limitation:

·         Chat rooms.

·         Bulletin boards.

(interactive services.)

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

[Traxl] will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

·         Be accurate (where it states facts).

·         Be genuinely held (where it states opinions).

·         Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

·         Be defamatory of any person.

·         Be obscene, offensive, hateful or inflammatory.

·         Promote sexually explicit material.

·         Promote violence.

·         Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

·         Infringe any copyright, database right or trade mark of any other person.

·         Be likely to deceive any person.

·         Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

·         Promote any illegal activity.

·         Be in contempt of court.

·         Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.

·         Be likely to harass, upset, embarrass, alarm or annoy any other person.

·         Impersonate any person or misrepresent your identity or affiliation with any person.

·         Give the impression that the Contribution emanates from [Traxl], if this is not the case.

·         Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

·         Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

·         Contain any advertising or promote any services or web links to other sites.

Breach of this policy

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate. 

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

·         Immediate, temporary or permanent withdrawal of your right to use our site.

·         Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.

·         Issue of a warning to you.

·         Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

·         Further legal action against you.

·         Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by the laws of Egypt. You and we both agree that the courts of Egypt will have exclusive jurisdiction.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of Egypt. We both agree to the exclusive jurisdiction of the courts of Egypt.

Privacy Policy

Introduction

Welcome to the Traxl's privacy notice.

Traxl respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website/mobile application (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.

1.            Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you information on how Traxl collects and processes your personal data through your use of this website/mobile application, including any data you may provide through this website/mobile application when you [sign up to our newsletter, purchase a product or service or take part in a competition].

This website/mobile application is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Controller

Traxl LLC is the controller and responsible for your personal data (collectively referred to as "Traxl", "we", "us" or "our" in this privacy notice).

Traxl is made up of different legal entities, details of which can be found here. This privacy notice is issued on behalf of the Traxl Group so when we mention "Traxl", "we", "us" or "our" in this privacy notice, we are referring to the relevant company in the Traxl Group responsible for processing your data. [We will let you know which entity will be the controller for your data when you purchase a product or service with us.

Changes to the privacy notice and your duty to inform us of changes

This version was last updated on [1/5/2018] and historic versions are archived here can be obtained by contacting us.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website/mobile application may include links to third-party website/mobile applications, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party website/mobile applications and are not responsible for their privacy statements. When you leave our website/mobile application, we encourage you to read the privacy notice of every website/mobile application you visit.

2.            The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

·         Identity Data includes [first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender].

·         Contact Data includes [billing address, delivery address, email address and telephone numbers].

·         Financial Data includes [bank account and payment card details].

·         Transaction Data includes [details about payments to and from you and other details of products and services you have purchased from us].

·         Technical Data includes [internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website/mobile application.

·         Profile Data includes [your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses]. 

·         Usage Data includes information about how you use our website/mobile application, products and services.

·         Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website/mobile application feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3.            How is your personal data collected?

We use different methods to collect data from and about you including through:

·         Direct interactions. You may give us your [Identity, Contact and Financial Data] by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

·         apply for our products or services;

·         create an account on our website/mobile application;

·         subscribe to our service or publications;

·         request marketing to be sent to you;

·         enter a competition, promotion or survey; or

·         give us some feedback.

·         Automated technologies or interactions. As you interact with our website/mobile application, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, [server logs] and other similar technologies. [We may also receive Technical Data about you if you visit other website/mobile applications employing our cookies.] Please see our cookie policy [www.traxl.] for further details].

4.            How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

·         Where we need to perform the contract, we are about to enter into or have entered into with you.

·         Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

·         Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased services from us [or if you provided us with your details when you entered a competition or registered for a promotion] and, in each case, you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any company outside the Traxl group of companies for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time [by logging into the website/mobile application and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or] by contacting us at any time].

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of [a product/service purchase, warranty registration, product/service experience or other transactions].

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when website/mobile applications set or access cookies. If you disable or refuse cookies, please note that some parts of this website/mobile application may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

1.            Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

·         Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

2.            International transfers

We do not transfer your personal data outside the Arab Republic of Egypt.

We share your personal data within the Traxl Group. This will involve transferring your data outside the Arab Republic of Egypt.

We ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data. These rules are called "binding corporate rules".

Whenever we transfer your personal data out of the Arab Republic of Egypt, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

·         We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the Arab Republic of Egypt.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the Arab Republic of Egypt.

3.            Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

4.            Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Details of retention periods for different aspects of your personal data are [available in our retention policy which you can request from us by contacting us.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

5.            Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

6.            Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

Internal Third Parties

Other companies in the Traxl Group [acting as joint controllers or processors] and who are based Egypt and provide [IT and system administration services and undertake leadership reporting].

External Third Parties

·         Service providers [acting as processors] based [Egypt] who provide [IT and system administration services].

·         Professional advisers [acting as processors or joint controllers] including lawyers, bankers, auditors and insurers based in Egypt who provide [consultancy, banking, legal, insurance and accounting services].

·         Governmental bodies and other authorities [acting as processors or joint controllers] based [in the Arab Republic of Egypt] [who require reporting of processing activities in certain circumstances].

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Cookie Policy

Information about our use of cookies

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. [By continuing to browse the site, you are agreeing to our use of cookies.]

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.

We use the following cookies:

Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.

Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

[Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies]

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.