Effective Date: May 9, 2025
Welcome to Barako Transportation & Logistics ("Barako," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, barakotransport.com (the "Site"), and all services provided by us (collectively, the "Services"). Please read these Terms carefully before using our Services.
By accessing our Site, booking a service, contacting us, or otherwise using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree with these Terms, or any part thereof, you must not use our Site or Services. Your continued use of the Services signifies your acceptance of any updates to these Terms.
To use our Services, particularly for booking transportation, you must be at least 18 years of age and possess the legal authority to enter into binding agreements. If you are booking on behalf of another person or entity, you represent that you have the authority to bind that person or entity to these Terms. Use of the Services by anyone under 18 is prohibited unless supervised by a parent or guardian who agrees to these terms on their behalf. Bookings made by individuals not meeting this age requirement may be deemed void at our discretion.
Bookings: All bookings for passenger transport or cargo delivery are subject to availability and confirmation by Barako. A booking is considered confirmed only after you receive a formal confirmation from us, which may be via email or through our booking platform.
Payments: Full payment or a specified deposit may be required at the time of booking, as indicated during the booking process. We accept various payment methods, which will be detailed on the payment page. All prices are quoted in the local currency unless otherwise stated and are inclusive of applicable taxes where required.
Cancellations & Refunds: Cancellations are subject to our Cancellation Policy, which will be provided at the time of booking and is available on our Site. Depending on the timing of the cancellation and the specific service booked, cancellation fees may apply. Refunds, if applicable, will be processed according to the Cancellation Policy and to the original method of payment. No-shows may result in forfeiture of the full amount paid.
All content present on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof (collectively, the "Content") is the property of Barako Transportation & Logistics, our affiliates, partners, or licensors, and is protected by Kenyan and international copyright laws and treaties. You may not copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Content in any way without our prior express written consent. This includes using our trademarks or trade dress in connection with any product or service in any manner that is likely to cause confusion or in any manner that disparages or discredits Barako.
Our Services are provided on an "as is" and "as available" basis without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. While we strive to provide safe, reliable, and punctual services, we do not guarantee that our Services will be uninterrupted, error-free, or completely secure.
To the fullest extent permitted by applicable law, Barako Transportation & Logistics, its directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage. Our total liability to you for any claims arising out of or relating to these Terms or the Services shall not exceed the amount paid by you to us for the specific Service giving rise to the claim.
You are responsible for your own actions while using our services, including ensuring you have valid travel documents and adhering to safety instructions.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Kenya. You agree that the courts of Nairobi, Kenya will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or our Services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Notification of changes may be provided by posting the updated terms on our Site, by email, or via a banner on our website. We will also update the "Effective Date" at the top of these Terms. Your continued use of the Site or Services after such changes have been posted will constitute your acceptance of the new Terms.
You agree not to use the Site or Services for any unlawful purpose or in any way that could harm, disable, overburden, or impair the Site or Services. Prohibited activities include, but are not limited to:
We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account (if applicable), you may simply discontinue using the Services.
Provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You agree to defend, indemnify, and hold harmless Barako Transportation & Logistics, its officers, directors, employees, agents, and affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.
In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of sixty (60) days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered in Nairobi, Kenya, in accordance with the provisions of its Arbitration Rules.
If you have any questions about these Terms of Service, please contact us at:
Barako Transportation & Logistics
Email: [email protected]
Address: [Your Company's Physical Address, Nairobi, Kenya]
Please ensure you review these Terms periodically for any updates or changes.