1. Acceptance of these terms
In order to use the BakX application, website, software, or services, you must read and accept this agreement. By using BakX, you confirm that you understand and agree to be bound by these Terms and Conditions and any future updates published on the BakX website or through the service.
You are responsible for reviewing these terms regularly. If you continue using BakX after changes are published, you will be deemed to have accepted those changes.
2. Eligibility and lawful use
You confirm that you are legally entitled to enter into this agreement and that you are at least 18 years old. You may only use BakX for lawful personal or business purposes and in accordance with the laws of the Republic of South Africa.
- You may not transfer, sell, assign, or allow another person to use your account.
- You must keep your password and account access details secure and confidential.
- You must provide accurate account information and any proof of identity reasonably requested.
- You may only access BakX through authorised devices, platforms, and software versions.
- BakX may suspend or terminate access where an unauthorised or incompatible device is used.
3. BakX is a platform, not a carrier
BakX provides technology, information, and a method for users to request or arrange transport services from independent third-party providers. BakX does not provide logistics, delivery, courier, moving, or carrier services directly.
The actual transport service is provided by the independent driver, courier, vehicle operator, or service provider who accepts the request. BakX is not responsible for the acts, omissions, suitability, legality, ability, or performance of third-party providers except where the law requires otherwise.
4. Prohibited use
You agree not to misuse BakX, the software, the website, or the services. In particular, you agree that you will not:
- Use BakX for fraud, unlawful activity, or storing or sending unlawful material.
- Use BakX to cause nuisance, annoyance, inconvenience, or harm.
- Interfere with the network, platform, systems, security, or normal operation of BakX.
- Copy, distribute, resell, frame, mirror, or commercially exploit the software or content without written permission.
- Reverse engineer the software or build a competing service using BakX ideas, features, functions, or graphics.
- Launch bots, crawlers, viruses, worms, scripts, or automated systems that overload or disrupt BakX.
- Send spam, unsolicited messages, infringing content, obscene content, threatening content, or harmful code.
- Attempt to gain unauthorised access to BakX systems, accounts, data, or networks.
5. Software licence
BakX grants you a limited, non-exclusive, non-transferable licence to use the software and services for your own permitted use, subject to these terms. All rights not expressly granted remain reserved by BakX and its licensors.
This agreement does not sell, transfer, or assign ownership of the software, website, trademarks, product names, systems, or intellectual property to you.
6. Payments, fees, cancellations, and refunds
Fees
Fees charged by BakX for software, leads, bookings, or services are exclusive of VAT and other taxes or levies unless clearly stated otherwise. Fees are due immediately and are only refundable in line with the applicable cancellation and refund policy.
BakX may determine or update pricing at its discretion. Pricing shown on the website may not always reflect the final prevailing price for a specific request, route, load, or service.
Cards and outstanding balances
By adding a card, you authorise BakX to charge that card for any outstanding fees that may be due. You are responsible for keeping your card details up to date.
Quote Requests
Quote Requests may be charged immediately when the request or lead is received. Quote Request charges are not refundable.
Driver wallet and commission
BakX works on a prepaid basis for drivers. Drivers should have the required BakX commission available in their driver wallet before accepting a load. Drivers must pay any outstanding BakX fees within 24 hours after completing a load.
Failure to pay outstanding fees may result in BakX charging the card on file, suspending or blocking the account, or taking legal steps where necessary.
Promotions
BakX may offer promotions, discounts, or different rates at its discretion. Promotions only apply where they are specifically made available to you.
Cancellations and address changes
Deliveries cancelled after acceptance by a third-party provider may attract a cancellation fee. If an address changes or items must be returned to the pickup location, the quoted fare may be adjusted and additional fees may be charged separately.
7. Intellectual property
BakX and its licensors own all rights, title, and interest in the software, services, website, logos, trademarks, product names, designs, systems, features, and related intellectual property.
Any ideas, suggestions, feedback, recommendations, or improvement requests submitted by you may be used by BakX without creating ownership rights in your favour.
8. Third-party interactions
While using BakX, you may interact with third-party service providers, advertisers, sponsors, or linked websites. Any transaction, agreement, promotion, warranty, or representation between you and a third party is solely between you and that third party.
BakX does not endorse and is not responsible for third-party websites, goods, services, content, providers, transactions, or agreements unless expressly stated otherwise.
9. Indemnity
You agree to defend, indemnify, and hold harmless BakX, its licensors, parent organisations, subsidiaries, affiliates, officers, directors, members, employees, attorneys, and agents from claims, costs, damages, losses, liabilities, and expenses arising from:
- Your breach of these Terms and Conditions.
- Your breach of any applicable law or regulation.
- Your violation of any third-party rights.
- Your use, misuse, or attempted misuse of the software, website, or services.
10. Disclaimer of warranties
BakX provides the website, software, and services on an “as is” and “as available” basis. BakX does not guarantee that the service will be secure, uninterrupted, error-free, accurate, available, timely, suitable, complete, or free from viruses or harmful components.
BakX does not guarantee the reliability, safety, quality, suitability, or availability of any third-party transport provider, goods, products, or services obtained through the platform. Your use of BakX and any third-party service remains at your own risk to the maximum extent permitted by law.
11. Internet delays
BakX services may be affected by limitations, delays, outages, delivery failures, and other issues inherent in internet, mobile network, GPS, and electronic communications. BakX is not responsible for damage or loss caused by such issues.
12. Limitation of liability
BakX is not responsible where service requests, orders, booking details, addresses, customer information, or provider information are inaccurate, false, incomplete, or not genuine.
Drivers and service providers accept loads and service requests at their own risk. BakX does not guarantee profits, revenue, job volume, successful requests, or earnings through the use of the platform.
To the maximum extent permitted by law, BakX will not be liable for vehicle damage, loss of profit, loss of property, personal injury, loss of life, loss of data, loss of revenue, indirect damages, punitive damages, special damages, incidental damages, consequential damages, or other damages arising from use of the platform or third-party services.
Where liability cannot be excluded, BakX’s aggregate liability will not exceed the amount actually paid by or due from you in the one-month period immediately before the event giving rise to the claim.
BakX is not a party to disputes between customers and third-party providers and does not manage payments between them unless expressly agreed otherwise. The quality of the transport, courier, delivery, or moving service is the responsibility of the third-party provider who performs the service.
13. Service provider and partner rules
Service providers and partners agree that:
- They may not add two or more vehicles of the same size to one account unless approved by BakX.
- BakX is intended for owner-drivers and approved transport providers.
- They may not accept requests on behalf of another person or unapproved provider.
- They may only use vehicles that are registered with and approved by BakX.
- They remain responsible for safe, lawful, professional, and careful service delivery.
14. Notices, suspension, and contact
BakX may send notices about your account, breach, suspension, or service updates through your account, in-app notification, email, or any other contact method linked to your account. You are responsible for keeping your email address and account information current.
BakX may close, suspend, or restrict your account without prior warning if you breach these Terms and Conditions or any future amendments.
Questions about these terms may be sent to BakX management at:
info@bakx.co.za
15. Assignment and general provisions
You may not assign your agreement with BakX without prior written approval. BakX may assign this agreement to a parent company, subsidiary, acquirer of assets, or successor by merger.
If any part of these terms is found invalid or unenforceable, the remaining terms will remain in force. Failure by BakX to enforce a term does not waive BakX’s right to enforce it later. Any waiver must be in writing.
Nothing in these terms creates a partnership, employment relationship, agency, joint venture, franchise, or third-party beneficiary relationship between BakX and you, unless expressly stated in writing.