BakkieHi User Terms and Conditions:
We urge you to read our terms and conditions very well. PLEASE note BakkieHi Tech Pty Ltd LIABILITY IS EXCLUDED as well as that of its employees or agents for loss, damage, and delay in certain circumstances. It is your duty to obtain insurance cover to protect your interests.
These Terms of Use (“Terms”) govern Your access or use, from within the Republic of South Africa and its territories and possessions, of the applications, websites, content, products, and Service(s) (the “Service(s)”).
This User Agreement describes the Terms and Conditions offering access to BakkieHi Application, an application owned and maintained by BakkieHi Tech Pty Ltd (BakkieHi). These terms of service constitute User/Driver agreement (the “Agreement” or “Terms of Service”) for BakkieHi (the “BakkieHi Application). This Agreement is a legally binding agreement made between You, the Driver, or You, the User (“You”, “Your”, or “Yourself”) and BakkieHi Tech Pty Ltd (“BakkieHi Application”, “We”, “Us” or “Our”)
By accessing or using the Service(s), You confirm Your agreement to be bound by these If You do not agree to these Terms, You may not access or use the Service(s). These Terms expressly supersede prior agreements or arrangements with You. BakkieHi may immediately terminate these Terms or any Service(s) with respect to You, or generally cease offering or deny access to the Service(s) or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Service(s), such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to You in separate region-specific disclosures (e.g., a particular city webpage on BakkieHi.com) or in connection with the applicable Service(s). Supplemental termsF are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Service(s).
BakkieHi may amend the Terms from time to time. Amendments will be effective upon BakkieHi’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Service(s) after such posting confirms Your consent to be bound by the Terms, as amended. If BakkieHi changes these Terms after the date You first agreed to the Terms (or to any subsequent changes to these Terms), You may reject any such change by providing BakkieHi written notice of such rejection within 30 (thirty) days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to Our registered head offices in Johannesburg (b) by email from the email address associated with Your Account to: policies@BakkieHi.com. In order to be effective, the notice must include Your full name and clearly indicate Your intent to reject changes to these By rejecting changes, You are agreeing that You will continue to be bound by the provisions of these Terms as of the date You first agreed to the Terms (or to any subsequent changes to these Terms).
BakkieHi’s collection and use of personal information in connection with the Service(s) is described in BakkieHi’s Privacy Statements. BakkieHi is offering the use of the BakkieHi Application(s) to all that agrees with the conditions that are accepted within the terms contained in this Agreement. By signing up with, logging in or by using the BakkieHi Application(s) You indicate that You understand this Agreement and accept all of its If these terms are not accepted, You are not allowed to participate in the BakkieHi Application(s).
BakkieHi is a web based tool and mobile application (herein referred to as “BakkieHi Application”) that provides a mechanism to match up those (“Users”) seeking help to transport and or move cargo and/or larger, medium or smaller appliances, building materials, rubble, furniture, shopping, etc to short or long distances with those (“Drivers”) that have available larger, medium and or smaller bakkies or trucks that would like to offer help.
BakkieHi only provides the tools needed for a Third Party Driver using the BakkieHi Application(s) to offer help and has sole discretion if they can help with each and any Third Party User The User has sole discretion if they do want to accept the offered help. The User also has complete discretion to accept or decline the quoted price for this service provided through the BakkieHi Application(s) by the Driver before the service is provided. By creating a User account and using the BakkieHi Application(s) tools, You expressly acknowledge and understand and accept these terms of service.
The Service(s):
The Service(s) comprises a mobile and web applications and related Service(s) (each, an “Application”), which enable Users to arrange and schedule transportation, logistics, mover and/or delivery Service(s) and or to purchase certain goods, including with third party providers of such Service(s) and goods under agreement with BakkieHi or certain of BakkieHi’s affiliates (“Third Party Providers”). In certain instances the Service(s) may also include an option to receive transportation, logistics, mover and or delivery Service(s) for an upfront payment, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by BakkieHi in a separate written agreement with You, the Service(s) are made available solely for Your personal, noncommercial use.
YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION, LOGISTICS AND/OR DELIVERY SERVICE(S) THROUGH THE USE OF THE SERVICE(S) DOES NOT ESTABLISH BAKKIEHI AS A PROVIDER OF TRANSPORTATION, LOGISTICS, MOVER OR DELIVERY SERVICE(S) OR AS A TRANSPORTATION CARRIER.
License:
Subject to Your compliance with these Terms, BakkieHi grants You a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to: (i) access and use the Application(s) on Your personal device solely in connection with Your use of the Service(s); and (ii) access and use any content, information and related materials that may be made available through the Service(s), in each case solely for Your personal, noncommercial use. Any rights not expressly granted herein are reserved by BakkieHi and BakkieHi’s licensors.
Restriction:
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Service(s); (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service(s) except as expressly permitted by BakkieHi; (iii) decompile, reverse engineer or disassemble the Service(s) except as may be permitted by BakkieHi or applicable law;
(iv) link to, mirror or frame any portion of the Service(s); (v) cause or launch any programs Our scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service(s) or unduly burdening or hindering the operation and/or functionality of any aspect of the Service(s); or (vi) attempt to gain unauthorized access to or impair any aspect of the Service(s) or its related systems or networks.
In addition to what is previously stated and agreed to, You agree that You will use the Service(s) in a manner consistent with any and all applicable laws and regulations. BakkieHi reserves the right as warranted to investigate and terminate Your participation in the BakkieHi Application(s) if You have misused the BakkieHi Application(s), or operated in a way which could be regarded as inappropriate whose conduct is unlawful or illegal.
“dangerous goods” Includes those classified as such by the marine division of the Department of Transport, goods specified as such by IATA or the SABS from time to time including hazardous chemical substances as defined in the regulations promulgated pursuant to the Occupational Health and Safety Act 85 of 1993 or which are considered to be dangerous. With respect to Your participation on the BakkieHi Application(s) or through the Service(s), You agree that You will NOT impersonate any person or entity stalk, threaten or otherwise harass any person, carry any weapons or dangerous goods, violate any laws, ordinances or regulations interfere with or disrupt the BakkieHi Application(s) or otherwise transmit any material that contains software viruses or any other computer code, Tiles or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You further agree that You will not transfer or sell Your BakkieHi App account and or ID to any other party.
Dangerous goods
Unless otherwise agreed in writing, the You warrants that all goods handled are Tit to be so handled in the ordinary way and are not dangerous goods. You will not handle any dangerous, corrosive, noxious, hazardous, inflammable or explosive goods or any goods which in its opinion are likely to cause damage. You shall be liable for all losses or damage caused to You and/or third parties by all dangerous goods handled and hereby indemnifies BakkieHi against any claims arising in connection therewith. If, in the opinion of the Driver any goods become a danger to any person or property, the Driver shall be entitled to immediately and without notice to the USER dispose of the goods in question or take such other steps as it in its sole discretion deems prudent to avert danger. In such event BakkieHi shall; not be liable under any circumstances for the value of the goods or for any other loss or damage whether direct or consequential sustained by the customer or owner as a result of such disposal or other steps; and still be entitled to recover from the USER its remuneration for the handling of the goods together with any costs incurred by it in disposing of them or taking other steps.
Provision of the Service(s):
You acknowledge that portions of the Service(s) may be made available under BakkieHi’s various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as “BakkieHi,” “BakkieHiBLACK,” and the logistics request products currently referred to as “BakkieHiB2B”. You also acknowledge that the Service(s) may be made available under such brands or request options by or in connection with: (i) certain of BakkieHi’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including Transportation Network Company drivers, Transportation Charter Permit holders or holders of similar transportation permits, authorizations or licenses.
Third Party Service(s) and Content:
The Service(s) may be made available or accessed in connection with third party Service(s) and content (including advertising) that BakkieHi does not control. You acknowledge that different terms of use and privacy policies may apply to Your use of such third party Service(s) and content. BakkieHi does not endorse such third party Service(s) and content and in no event shall BakkieHi be responsible or liable for any products or Service(s) of such third party providers. Additionally, Apple Inc., Google, Inc., or Microsoft Corporation will be a third-party beneficiary to this contract if You access the Service(s) using Applications developed for Apple iOS, Android or Microsoft Windows-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Service(s) in any manner. Your access to the Service(s) using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
Ownership and Intellectual Properties:
The Service(s) and all rights therein are and shall remain BakkieHi’s property or the property of BakkieHi’s licensors. Neither these Terms nor Your use of the Service(s) convey or grant to You any rights: (i) in or related to the Service(s) except for the limited license granted above; or (ii) to use or reference in any manner BakkieHi’s company names, logos, product and service names, trademarks or Service(s) marks or those of BakkieHi’s licensors.
All intellectual property rights on the BakkieHi Application(s) and the Service(s) shall be owned by BakkieHi absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the BakkieHi Application(s) are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the BakkieHi Application(s) or the Service(s) (“Submissions”), provided by You to Us are non-confidential and shall become the sole property of BakkieHi. BakkieHi shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
User Provided Content:
BakkieHi may, in BakkieHi’s sole discretion, permit You from time to time to submit, upload, publish or otherwise make available to BakkieHi through the Service(s) textual, audio, and/or visual content and information, including commentary and feedback related to the Service(s), initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by You remains Your property. However, by providing User Content to BakkieHi, You grant BakkieHi a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Service(s) and BakkieHi’s business and on third-party sites and Service(s), without further notice to or consent from You, and without the requirement of payment to You or any other person or entity.
You represent and warrant that: (i) You either are the sole and exclusive owner of all User Content or You have all rights, licenses, consents and releases necessary to grant BakkieHi the license to the User Content as set forth above; and (ii) neither the User Content, nor Your submission, uploading, publishing or otherwise making available of such User Content, nor BakkieHi’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by BakkieHi in its sole discretion, whether or not such material may be protected by law. BakkieHi may, but shall not be obligated to, review, monitor, or remove User Content, at BakkieHi’s sole discretion and at any time and for any reason, without notice to You.
Access and Use of the Service(s) User Accounts:
In order to use most aspects of the Service(s), You must register for and maintain an active personal User Service(s) account (“Account”). You must be at least 18 (eighteen) years of age, or the age of legal majority in Your jurisdiction (if different than (18)), to obtain an Account, unless a specific Service permits otherwise. Account registration requires You to submit to BakkieHi certain personal information, such as Your name, address, mobile phone number and age, as well as at least one valid payment method supported by BakkieHi. You agree to maintain accurate, complete, and up-to-date information in Your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on Tile, may result in Your inability to access or use the Service(s). You are responsible for all activity that occurs under Your Account, and You agree to maintain the security and secrecy of Your Account Username and password at all times. Unless otherwise permitted by BakkieHi in writing, You may only possess one Account.
User Requirements and Conduct:
The Service(s) is not available for use by persons under the age of 18 (eighteen). You may not authorize third parties to use Your Account, and You may not allow persons under the age of 18 (eighteen) to receive transportation or logistics Service(s) from Third Party Providers unless they are accompanied by You. You may not assign or otherwise transfer Your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Service(s), and You may only access or use the Service(s) for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in Your access or use of the Service(s) cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances You may be asked to provide proof of identity or other method of identity verification to access or use the Service(s), and You agree that You may be denied access to or use of the Service(s) if You refuse to provide proof of identity or other method of identity verification.
Driver Qualification:
BakkieHi’s most important job is ensuring that the Drivers in the network have been vetted and qualified and multi-drive Bakkies that are owned and insured by the named Driver or the registered owner. Each Driver must pass a point qualification, which includes a background check, driving record review, insurance, truck suitability, and other factors. BakkieHi does not guarantee that the information provided by Drivers are correct.
Driver Representative and Warranties:
By using the BakkieHi Application(s) or Service(s), a Driver agrees that: (i) Driver is 21 years of age or older. (ii) Driver has the ability to lift and carry items. (iii) Driver possesses a valid and current driver’s license. (iv) Driver owns, or has the legal right to operate the vehicle. (v) The vehicle is in good condition, all vehicles will be considered. The vehicle meets all industry standards as well as State department of motor vehicles for this type of Service(s). Driver is to obey and follow all local and state laws related to transportation, logistics, deliveries and or moving items for Users. The Driver is solely responsible for any violation of the laws. Driver shall at all-time maintain a valid insurance policy of liability and the name of the Driver or the owner of the vehicle is printed on the policy.
The Driver and his Insurance Policy shall be solely responsible for coverage for any and all claims or incidents that occur during the transporting, moving and or relocating the User’s item(s). In the event of any claim or a motor vehicle is involved in an accident, the Driver will be solely responsible for reporting this incident in compliance with the requirements of any applicable statutory or department of motor vehicles requirements or as required by User’s insurance company. Further, the Driver shall report incidents, claims, or accidents promptly with the Driver’s insurance carrier. At the original location, the Driver will inspect and photograph all items to be moved to record any current imperfections or pre-existing damage. At the destination, the Driver will again inspect and photograph all items to record the items conditions. In the event the User claims its items were damaged, the Driver will note, photograph and describe the alleged damages and immediately notify BakkieHi. In the event the item(s ) are in a sealed box or cannot otherwise be identified by the Driver, the User agrees that the maximum claim for damage may be made in such an event up to R500.00 which the amount will be deducted from the Driver’s account.
The Driver may not make any false or misrepresentations of BakkieHi to provide Service(s) for a current or potential User for profit or otherwise seek non-voluntary compensation from Users.
The Driver agrees to provide Service(s) to Users in the vehicle that has been submitted and recorded in the BakkieHi Application(s). A Driver will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation in violation of any state or Federal Law or State or Federal Constitution. As a Driver using the BakkieHi Application, You hereby acknowledge that You will be an independent contractor and not an employee of BakkieHi nor BakkieHi Tech Pty Ltd.
Text Messaging, email and Telecommunications:
Email communications and text messages sent from Us or through Us are designed to make Your BakkieHi Application(s) experience more efficient. By becoming a User and/or Driver, You specifically agree to accept and consent to receiving email communications and text messages initiated from Us or through Us, which include message and email notifications informing You of the potential available Drivers or Users and emails or text messages informing You about promotions We run and emails informing You of new and existing features We provide.
You agree that BakkieHi may contact You by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by You or on Your behalf in connection with an BakkieHi account, including for marketing purposes. You understand that You are not required to provide this consent as a condition of purchasing any property, goods or Service(s). You also understand that You may opt out of receiving text messages from BakkieHi at any time, either by contacting BakkieHi directly or by emailing BakkieHi at help@BakkieHi.com. If You do not choose to opt out, BakkieHi may contact You as outlined in its User Privacy Statement.
Network Access and Devices:
You are responsible for obtaining the data network access necessary to use the Service(s). Your mobile network’s data and messaging rates and fees may apply if You access or use the Service(s) from Your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service(s) and Applications and any updates thereto. BakkieHi does not guarantee that the Service(s), or any portion thereof, will function on any particular hardware or devices. In addition, the Service(s) may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Payments:
You understand that use of the Service(s) may result in charges to You for the Service(s) or goods You receive (“Charges”). BakkieHi will receive and/or enable Your payment of the applicable Charges for Service(s) or goods obtained through Your use of the Service(s). Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, and airport surcharges or processing fees for split payments.
All Charges and payments will be enabled by BakkieHi using the preferred payment method designated in Your Account, after which You will receive a receipt by email. If Your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, You agree that BakkieHi may use a secondary payment method in Your Account, if available. Charges paid by You are Tinal and non-refundable, unless otherwise determined by BakkieHi.
As between You and BakkieHi, BakkieHi reserves the right to establish, remove and/or revise Charges for any or all Service(s) or goods obtained through the use of the Service(s) at any time in BakkieHi’s sole discretion. Further, You acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. BakkieHi will use reasonable efforts to inform You of Charges that may apply, provided that You will be responsible for Charges incurred under Your Account regardless of Your awareness of such Charges or the amounts thereof. BakkieHi may from time to time provide certain Users with promotional offers and discounts that may result in different amounts charged for the same or similar Service(s) or goods obtained through the use of the Service(s), and You agree that such promotional offers and discounts, unless also made available to You, shall have no bearing on Your use of the Service(s) or the Charges applied to You. You may elect to cancel Your request for Service(s) at any time prior to the commencement of such Service(s), in which case You may be charged a cancellation fee on a Third Party Provider’s behalf. After You have received Service(s) or goods obtained through the Service, You will have the opportunity to rate Your experience and leave additional feedback. BakkieHi may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.
As a User, you agree that all approved charges are due at time of completion of the item(s) moved as well as any tolls, fees or taxes excluding police fines as set forth in your city and or country.
A quick quote is sent through to the User before accepting the move and requesting the Driver. Charges are calculated by type and size of a vehicle (The Bakkie or a Truck) and goods, transported and as well as kilometres/distance of the trip. These variables may be different in each region and vary with market conditions. All pricing will be determined by the Drivers.
The full amount of the Charge is charged immediately following completion of requested Driver to the User’s authorized credit. All payments made are non-refundable. The non-refundable Policy shall apply at all times regardless of User’s decision to terminate usage of BakkieHi Application(s), Our decision to terminate a User’s usage, disruption caused to Our Service(s) either planned, act of God, accidental or intentional, or any other reason whatsoever. As a Driver, You are offering Your vehicle through BakkieHi Application and a helping hand to move/ transport a User’s item(s). You authorize BakkieHi to arrange and adjust pricing on Your behalf to account for adjusting market conditions. BakkieHi will withhold an administration fee of 15% from the total charge per trip that will cover the payment processing, cargo, items and BakkieHi insurance fees and all overhead costs.
You will receive all remaining amounts as well as any tips provided by the User for your service. BakkieHi will process all payments due through the third party processor. You agree that all amounts due shall not include interest and will be net of any administration fees and amounts we are required to withhold by law. BakkieHi reserves the right to withhold or delay payment of a portion of a User’s entire fee if it is believed that there was an attempt to defraud or an abuse of BakkieHi Application(s) and or the payment processor.
In certain cases, with respect to Third Party Providers, Charges You incur will be owed directly to Third Party Providers, and BakkieHi will collect payment of those charges from You, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by You to the Third Party Provider. In such cases, You retain the right to request lower Charges from a Third Party Provider for Service(s) or goods received by You from such Third Party Provider at the time You receive such Service(s) or goods, and Charges You incur will be owed to the Third Party Provider. BakkieHi will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular Service(s) or good. This payment structure is intended to fully compensate a Third Party Provider, if applicable, for the Service(s) or goods obtained in connection with Your use of the Service(s). In all other cases, Charges You incur will be owed and paid directly to BakkieHi or its affiliates, where BakkieHi is solely liable for any obligations to Third Party Providers. In such cases, You retain the right to request lower Charges from BakkieHi for Service(s) or goods received by You from a Third Party Provider at the time You receive such Service(s) or goods, and BakkieHi will respond accordingly to any request from You to modify the Charges for a particular service or good. Except with respect to taxicab transportation Service(s) requested through the Application, BakkieHi does not designate any portion of Your payment as a tip or gratuity to a Third Party Provider. Any representation by BakkieHi (on BakkieHi’s website, in the Application, or in BakkieHi’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments You make for Service(s) or goods provided are not intended to suggest that BakkieHi provides any additional amounts, beyond those described above, to a Third Party Provider You may use. You understand and agree that, while You are free to provide additional payment as a gratuity to any Third Party Provider who provides You with Service(s) or goods obtained through the Service(s), You are under no obligation to do so. Gratuities are voluntary.
Cancellation Fee:
In the event that a User cancels a request for services on the BakkieHi Application(s) when the Driver is at the origin location or in route to this location; the User agrees to pay a “Cancellation Fee” of ZAR R100.00
Repair, Cleaning or Lost and Found Fees:
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from use of the Service(s) under Your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Repair or Cleaning request is verified by BakkieHi in BakkieHi’s reasonable discretion, BakkieHi reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using Your payment method designated in Your Account. Such amounts, as well as those pertaining to lost and found goods, will be transferred by BakkieHi to a Third Party Provider, if applicable, and are non-refundable.
The amounts related to repair, cleaning or lost may be updated from time to time solely by BakkieHi.
Other Disclaimers:
We, Our subsidiaries, officers, directors, employees, partners, and our suppliers provide the BakkieHi Application(s) and the Service(s) on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the BakkieHi Application(s) and or the Service(s). We, Our subsidiaries, officers, directors, employees, partners and Our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state. We do not warrant that Your use of the Service(s) will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error free, or will meet Your requirements, that any defects in the Service(s) will be corrected, or that the Service(s) are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access of the BakkieHi Application(s) or the Service(s) by persons under the age of 18 in violation of this Agreement. We are not responsible for any damage or loss incurred to any personal items that are being transported, moved by a Driver or any personal injuries sustained by a Driver in connection with such transport. We are not responsible or liable in any manner for any Content posted on the BakkieHi Application(s) or in connection with the Service(s), whether posted or caused by Users of the BakkieHi Application(s), by BakkieHi, by third parties or by any of the equipment or programming associated with or utilized in the BakkieHi Application(s) or the Service(s). Although We provide rules for User conduct and postings, We do not control and are not responsible for what Users post, transmit or share on the BakkieHi Application(s) and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the BakkieHi Application(s) or in connection with any Content. BakkieHi is not responsible for the conduct, whether online or offline, of any User of the BakkieHi Application(s) or Service(s). It also is possible for others to obtain personal information about You due to Your use of the BakkieHi Application(s) or the Service(s), and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the BakkieHi Application(s) or through the Service(s). You are solely responsible for Your interactions with other Users . We reserve the right, but have no obligation, to monitor disputes between You and other Users. Please carefully select the type of information that You post on the BakkieHi Application(s) or through the Service(s) or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Participants or Users (including unauthorized Users, or “hackers”). BakkieHi only offers a venue that enables Drivers and Users to match with each other. BakkieHi does not offer transportation Service(s) or moving Service(s) and BakkieHi is not a transportation or moving company. We are not involved in the actual transportation and moving services provided by Drivers to Users. As a result, We have no control over the quality or safety of the moving services that occur as a result of the Service; nor do We have any control over the truth or accuracy of the Participant’s information listed on the BakkieHi Application(s). We cannot ensure that a Driver or User is who he or she claims to be or that a Driver or User will actually complete an arranged Service(s). We reserve the right to change any and all Content, software and other items used or contained in the BakkieHi Application(s) and the Service(s) at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by BakkieHi or the BakkieHi Application(s).
The BakkieHi Application(s) and the Service(s) may be temporarily unavailable from time to time for maintenance or other reasons. BakkieHi assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. BakkieHi is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the BakkieHi Application(s) on any websites or any combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and or in connection with the Service(s).
In using BakkieHi Application(s) and or the Service(s) under this Agreement it is expressly agreed that the User is acting as an independent contractor and not as an employee of BakkieHi. The User and the BakkieHi acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for Service(s).
User agrees not to post any information, issues, and or BakkieHi Application(s) operations pattern on social Media or any other public domain which will result in tarnishing the BakkieHi business’s name, its Application(s) and or the Service(s), BakkieHi brands, BakkieHi business partners, directors, employees and BakkieHi Third Parties. Should the User experience issues relating to the BakkieHi Application(s) and or Service(s), the User (You) agrees to directly contact BakkieHi on their office number or via Our social media platform and or email Your issues to help@BakkieHi.com for resolution.
Limitation Of Liability:
In no event will We, Our subsidiaries, Our Third Parties business partners, officers, directors, employees, or shareholders or Our suppliers, be liable to You for any incidental, consequential, direct or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by Our Service(s), service interruptions, or for the cost of procurement of substitute Service(s)) arising out of or in connection with BakkieHi, Our Service(s) or this Agreement (however arising, including negligence) even if We or Our agents or representatives know or have been advised of the possibility of such damages. We do not screen the participants using the Service(s) in any way. As a result, We will not be liable for any damages, direct, indirect, incidental and or consequential, arising out of the use of BakkieHi Application(s) or the Service(s), including, without limitation, to damages arising out of communicating and or meeting with other participants of BakkieHi Application(s) or the Service(s), or introduced to you by BakkieHi or through the Service(s). Such damages include, without limitation, physical damages, bodily injury, death and or emotional distress and discomfort. Notwithstanding anything to the contrary contained herein, our liability, and the liability of Our subsidiaries, officers, directors, employees, shareholders and suppliers, to You or any Third Parties in any circumstance is limited to ZAR R1000.00. Certain state Laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these Laws apply to You, some or all of the above disclaimers, exclusions or limitations may not apply to You, and You may have additional rights. BakkieHi has no responsibility whatsoever for the actions or conduct of any of the Users and or account holders. We have no obligation to intervene in or be involved in any way in disputes that may arise between Drivers, Users, or Third Parties. The responsibilities for the decisions you make regarding providing or accepting of the Driver or User or in the moving, transporting, relocation or messaging of the User’s items rest solely with You. It is each account holder or User’s and Driver’s responsibility to take reasonable precautions in all actions and interactions with any party they may interact with through use of the Service(s). BakkieHi may but has no responsibility to screen or otherwise evaluate potential Drivers or Users. Users understand and accept that BakkieHi has no control over the identity or actions of the Users and Drivers, and BakkieHi requests that users exercise caution and good judgment when using the Service(s). Drivers and Users use the BakkieHi Application(s), the Service(s) at their own risk.
Confidentiality:
You agree not to use any technical, financial, strategic, tactics and other proprietary and confidential information relating to BakkieHi business, operations and properties (“Confidential Information”) disclosed to You by BakkieHi for Your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to Third Parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of BakkieHi in order to prevent it from falling into the public domain. Notwithstanding the above, You shall not have liability to BakkieHi with regard to any Confidential Information which You can prove was in the public domain at the time it was disclosed by BakkieHi or has entered the public domain through no fault of Yours, was known to You, without restriction, at the time of disclosure, as demonstrated by Tiles in existence at the time of disclosure; is disclosed with the prior written approval of BakkieHi; becomes known to You, without restriction, from a source other than BakkieHi without breach of this Agreement by You and otherwise not in violation of BakkieHi’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to BakkieHi to enable BakkieHi to seek a protective order or otherwise prevent or restrict such disclosure.
Term & Termination:
This Agreement is effective upon use of the BakkieHi Application(s), the Service(s) for new Users and upon the posting dates of any subsequent amendments to this Agreement for all current Users. User may terminate their participation in the BakkieHi Application(s) at any time, for any reason upon receipt by Us of Your written or email notice of termination. Either You or We may terminate Your participation from the BakkieHi Application(s) by removing Your Information at any time, for any or no reason, without explanation, effective upon sending written or email notice to the other party. As a Driver, You may be terminated from the BakkieHi Application(s) for any of the following issues including unsafe and illegal operation of your vehicle; unsafe, threatening, or unprofessional interactions with Users or the public; misrepresentation of the BakkieHi Application(s) or BakkieHi brands; or not agree with and adhering to the Driver Representation and Warranties listed above. Upon such termination, We will remove all of Your information from Our Server(s), though We may retain an archived copy of records We have about You as required by law or for legitimate business purposes. We maintain sole discretion to bar Your use of the Service(s) in the future, for any or no reason. Even after Your participation in the BakkieHi Application(s) is terminated, this Agreement will remain in effect.
Account Deactivation:
Your account can be deactivated from the BakkieHi Application(s) for various reasons and or for further investigations. These decisions are always taken after a careful consideration of all information available to Us and taking into account the conditions outlined in the Service(s) Agreement with BakkieHi.