Qakos Smart Lockers — a service of Binary NextGen SARL
Effective date: 29 June 2025
1 . Acceptance of these Terms
By creating an account, depositing or collecting a package, integrating Qakos into your own platform, or otherwise using any Qakos Smart Locker service or website (collectively, the “Service”), you agree to be bound by these Terms & Conditions (“Terms”). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree, you must not use the Service.
2 . Definitions
- Binary NextGen, we, our or us — Binary NextGen SARL, a company registered in Cameroon.
- User — any natural or legal person who accesses or uses the Service, including senders, recipients, partners, couriers and property managers.
- Locker — any physical Qakos locker unit, including its compartments and on-device software.
- Package — any parcel or item deposited in or collected from a Locker.
- Partner Portal / Dashboard — the web interfaces provided by Binary NextGen for managing deposits, pickups and billing.
3 . Eligibility
You must be at least 18 years of age and legally capable of entering binding contracts. Corporate users must ensure only authorised staff access the Service.
4 . Account Registration & Security
You must provide accurate, current information and keep it updated. You are responsible for safeguarding your login credentials and for all activities carried out under your account. Notify us immediately if you suspect unauthorised use.
5 . Service Usage Rules
- Permitted items — Only items that are lawful, non-hazardous, non-perishable and fit within the Locker dimensions may be deposited. We reserve the right to open, remove or refuse any Package that appears to break these rules or applicable law.
- Deposit & pickup codes — One-time codes or QR tokens must be kept confidential and used only by the intended recipient. Sharing codes with third parties is at your own risk.
- Time limits — Packages must be collected within the time window shown in the Partner Portal or notification. Overdue items may incur storage fees, be transferred to a secure facility, or returned to the sender.
- Damage to Lockers — Users must not tamper with, damage or interfere with Locker hardware, software or branding. You will be liable for any costs related to repair or replacement.
- Prohibited conduct — You agree not to:
- reverse-engineer, decompile or disrupt the Service;
- use the Service to engage in fraud, money-laundering, harassment or other illegal activity;
- upload malware, automated scripts or excessive traffic that may impair the Service;
- impersonate any person or misrepresent your affiliation.
6 . Fees & Billing
- Pricing — Fees for deposits, storage extensions and partner services are published in the Partner Portal or agreed in a separate contract.
- Taxes — Prices exclude VAT or similar taxes unless stated otherwise. You are responsible for all applicable taxes, duties or customs charges.
- Payment terms — Invoices are due within 30 days of issue unless stated otherwise. Late payments may accrue interest at 1.5 % per month and may result in suspension of Service.
7 . Intellectual Property
The Service, including all software, designs, brand names and logos, is owned by Binary NextGen or its licensors and protected by intellectual-property laws. You receive a non-exclusive, non-transferable, revocable licence to use the Service solely for its intended purpose. No rights are granted except as expressly set out in these Terms.
8 . Data Protection
Our use of personal data is governed by the Qakos Privacy Policy (latest version available on our website). By using the Service, you acknowledge that you have read and understood that Policy.
9 . Limited Warranty & Disclaimer
- We strive to keep the Service reliable and secure but provide it “as is” and “as available.”
- To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.
- We do not warrant that the Service will be uninterrupted or error-free, or that data loss will never occur.
10 . Limitation of Liability
To the fullest extent permitted by law, Binary NextGen’s total liability arising out of or related to the Service is limited to the greater of (a) € 200 or (b) the fees actually paid by you to us in the 12 months preceding the event giving rise to the claim. We are not liable for indirect, incidental, special, punitive or consequential damages, lost profits, or loss of data, even if advised of the possibility of such damages.
11 . Indemnification
You agree to indemnify and hold harmless Binary NextGen, its directors, employees and agents from and against any claims, damages, losses and expenses (including reasonable legal fees) arising out of or related to: (i) your breach of these Terms; (ii) your misuse of the Service; or (iii) your violation of any law or third-party rights.
12 . Suspension & Termination
We may suspend or terminate your account immediately, with or without notice, if we believe you have breached these Terms, failed to pay fees, or pose a security, legal or reputational risk. On termination, your right to use the Service ceases. Sections 7–11, 13 and 14 survive termination.
13 . Force Majeure
Neither party is liable for delay or failure to perform due to causes beyond reasonable control, including natural disasters, power outages, civil unrest, labour disputes, or government actions.
14 . Governing Law & Dispute Resolution
These Terms are governed by and construed in accordance with the laws of Cameroon, without regard to conflict-of-law principles. Any dispute not resolved amicably within 30 days shall be submitted to the exclusive jurisdiction of the competent courts in Douala, Cameroon. You and Binary NextGen may alternatively agree in writing to binding arbitration.
15 . Changes to these Terms
We may update these Terms to reflect new features, legal requirements or business needs. Changes become effective 14 days after being posted on our website. Material changes will also be communicated by e-mail or in-portal notice. Continued use of the Service after the effective date constitutes acceptance of the amended Terms.
16 . Contact Information
Questions or concerns? Reach out to:
Legal Department
Binary NextGen SARL
Zone Industrielle, Bonaberi, Douala, Cameroon
E-mail: legal@binarynextgen.com
Tel: +237 6 70 00 00 00
Last reviewed: 29 June 2025