Terms & Conditions
Purpose
The Terms of Use define the legal agreement between Bakkify, customers, and drivers. It clarifies responsibilities, rights, acceptable use of platform, and limitations of liability.
Justification
- Legal Protection: Reduces risk of lawsuits by clarifying Bakkify’s role as a technology connector, not a delivery company.
- Clarity for Users: Ensures customers and drivers know their responsibilities and limits of liability.
- Investor Confidence: Shows strong risk management and operational clarity.
- Operational Safety: Protects the platform from financial or reputational loss due to misuse.
Scope
This policy applies to all users accessing or using the Bakkify app, including customers and drivers.
Policy Statements
4.1 Platform Role
- Bakkify is a technology platform connecting customers with independent drivers.
- Bakkify does not provide transport services directly.
4.2 Non-Passenger Transport Restriction
- Bakkify is a goods-only delivery platform and is not an e-hailing or passenger transportation service.
- The platform is designed solely for the movement of goods/parcels.
- Drivers and customers are strictly prohibited from using the Bakkify platform to transport passengers.
- Any attempt to use the platform for passenger transport constitutes a serious violation and may result in suspension or removal from the platform.
- This clause ensures compliance with South African road transport laws and protects drivers and customers from regulatory and operational risks.
4.3 User Responsibilities
- Customers must provide accurate booking information (pickup/delivery locations).
- Customers must not use Bakkify to transport prohibited items (illegal goods, hazardous materials, unauthorized animals).
- Drivers must maintain valid licenses, roadworthy vehicles, and comply with traffic laws.
- Drivers must adhere to professional standards (punctuality, safe driving, polite behavior).
4.4 Payment and Fees
All payments must be processed through the platform. Bakkify collects a 15% commission per trip; drivers receive 85% of the fare.
4.5 Prohibited Conduct
- Fraud, harassment, unsafe practices, or illegal activity is strictly prohibited.
- Users violating rules may be suspended or removed from the platform.
Limitation of Liability
To the maximum extent permitted by law, Bakkify is not liable for any loss, damage, injury, or claim arising from the use of the platform, including:
- Delays, accidents, or damage to goods during transport (the driver is responsible).
- Illegal or prohibited items transported via the platform (the customer is responsible).
- App malfunctions or temporary unavailability (Bakkify may refund service fees but is not responsible for goods).
Enforcement
- Violations of Terms of Use may result in account suspension, temporary restrictions, or permanent removal.
- Serious breaches (fraud, illegal activity) may be reported to authorities.
Related Policies
- Bakkify Driver Policy
- Bakkify Refund and Cancellation Policy
- Bakkify Privacy Policy
Standards and Legal Reference
- Consumer Protection Act 68 of 2008: Sections 8, 9, 22 ensure fairness, transparency, and disclosure of terms.
- POPIA (Promotion of Access to Information Act 4 of 2013): Sections 11–18 govern lawful collection and processing of personal data.
- Electronic Communications and Transactions Act 25 of 2002: Sections 11–14 validate electronic agreements, digital signatures, and secure online transactions.
Continuous Monitoring
The owner of Bakkify is responsible for monitoring this policy and ensuring ongoing compliance.