Terms & Conditions

1. Acceptance of Terms

By accessing or using the TRAKE website, mobile application, or any related services (collectively, the "Platform"), you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree, do not use the Platform.

TRAKE operates a two-sided digital marketplace connecting Businesses seeking short-term or shift-based workforce with Workers seeking such work ("Services").

2. Definitions

3. Eligibility

• Users must be at least 18 years old and legally capable of entering into a binding contract under the Indian Contract Act, 1872.
• Workers must complete identity verification (government ID, and where applicable, address and background checks) before accepting Shifts.
• Businesses must provide valid business registration and GST details (where applicable) before posting Shifts.
• TRAKE reserves the right to refuse, suspend, or terminate registration at its sole discretion where verification fails or information provided is false or misleading.

4. Nature of the Relationship (Worker Classification)

• TRAKE is a technology marketplace, not an employer, staffing agency, or labour contractor. TRAKE does not direct, supervise, or control the manner in which Workers perform Shifts beyond the scope, timing, and location specified by the Business.
• Workers engaging through the Platform do so as independent service providers, not as employees of TRAKE.
• Nothing in these Terms creates an employer-employee relationship, partnership, joint venture, or agency relationship between TRAKE and any User, or between a Business and a Worker by virtue of TRAKE's intermediation alone. Any employment or contractor relationship, if applicable, exists directly between the Business and the Worker.
• TRAKE facilitates discovery, verification, scheduling, and payment settlement as a technology and payments intermediary.

5. Platform Use

5.1 Businesses

• Post accurate Shift details: role, location, duration, pay rate, and any required safety equipment or certifications.
• Ensure a safe working environment compliant with applicable labour and safety laws (e.g., Factories Act, Building and Other Construction Workers Act, as applicable).
• Pay for completed Shifts per the agreed rate and TRAKE's invoicing terms.

5.2 Workers

• Provide accurate identity, address, and (where required) bank/UPI details.
• Perform accepted Shifts diligently and in accordance with the Business's lawful instructions and applicable safety requirements.
• Not accept a Shift they do not intend to perform, and provide timely cancellation where unable to attend.

5.3 Prohibited Conduct

Users must not: falsify identity or credentials; circumvent the Platform to avoid fees; harass, discriminate against, or endanger other Users; use the Platform for any unlawful purpose; or attempt to reverse-engineer, scrape, or interfere with the Platform's operation.

6. Payments, Wallet & Fees

• Businesses are invoiced for completed Shifts on a periodic schedule (weekly or as agreed), as communicated at onboarding. GST is charged as applicable.
• Workers are paid via the TRAKE Wallet, settled to their registered UPI ID, typically on a same-day or next-business-day basis following Shift completion and verification.
• TRAKE may charge a platform/convenience fee, disclosed to Users prior to Shift confirmation.
• Wallet balances are held for the sole purpose of facilitating payouts and are not interest-bearing deposits. TRAKE does not offer banking services.
• Disputed payments (no-shows, incomplete Shifts, quality disputes) will be resolved per TRAKE's internal dispute process; TRAKE's decision on Shift completion status, made in good faith based on available verification data (GPS, digital sign-off), is final for payment release purposes.

7. Cancellations & No-Shows

• Businesses may cancel a posted Shift up to 2 hours before start time without charge; later cancellations may incur a fee payable to the assigned Worker.
• Workers who accept a Shift and fail to appear without reasonable prior cancellation may face reduced visibility, penalties, or suspension, per TRAKE's fair-use policy.

8. Verification & Safety

TRAKE conducts identity and, where applicable, background verification of Workers, and may use GPS location data during active Shifts to confirm attendance. This does not guarantee the conduct, skill, or reliability of any User, and TRAKE disclaims liability for the acts or omissions of Users as set out in Section 10.

9. Intellectual Property

All content, trademarks, software, and technology on the Platform are the property of TRAKE or its licensors. Users are granted a limited, non-transferable, revocable licence to use the Platform for its intended purpose only.

10. Disclaimers & Limitation of Liability

• The Platform is provided "as is." TRAKE does not guarantee uninterrupted or error-free operation.
• TRAKE is not liable for the acts, omissions, negligence, or misconduct of any Business or Worker, including workplace injury, property damage, or non-payment, except to the extent caused directly by TRAKE's own gross negligence or wilful default.
• To the maximum extent permitted by law, TRAKE's aggregate liability to any User shall not exceed the platform fees paid by that User in the 3 months preceding the claim.

11. Indemnification

Users agree to indemnify and hold TRAKE harmless from claims, damages, or expenses arising from their breach of these Terms, violation of law, or misconduct in connection with a Shift.

12. Suspension & Termination

TRAKE may suspend or terminate a User's account for breach of these Terms, fraudulent activity, safety violations, or at its reasonable discretion with notice, except in cases of suspected fraud or safety risk where immediate suspension may apply.

13. Dispute Resolution & Governing Law

• These Terms are governed by the laws of India.
• Disputes shall first be attempted to be resolved through good-faith negotiation, escalating to mediation, and failing that, arbitration under the Arbitration and Conciliation Act, 1996, seated in Coimbatore, Tamil Nadu.
• Subject to the above, courts at Coimbatore, Tamil Nadu shall have exclusive jurisdiction.

14. Grievance Officer

Complaints will be acknowledged within 24 hours and resolved within 15 working days, in line with Rule 3(2) of the Information Technology Rules, 2021.

15. Amendments

TRAKE may update these Terms from time to time. Material changes will be notified via the Platform or registered email/phone. Continued use after changes constitutes acceptance.

16. Contact Us

For any questions about these Terms, please contact us at info@trake.in.