Terms and Conditions of Service
These Terms govern your access to and use of all content, products, and services available through the Blessings Percel Services Co. LTD website at https://bpskenya.co.ke, as well as parcel, courier, delivery, and related services provided by Blessings Parcel Services Co. LTD (“BPS”, “we”, “us”, or “our”).
Your access to and use of our Services is subject to your acceptance, without modification, of these Terms and Conditions together with any other operating rules, procedures, or policies published by us from time to time.
Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not access or use our Services.
1. Definitions
For purposes of these Terms, unless the context requires otherwise:
1.1 Consignment
“Consignment” means any goods, items, documents, valuables, or other property received or intended to be received by BPS, its employees, servants, representatives, or agents for carriage or delivery.
1.2 Consignor / Sender
“Consignor” or “Sender” means the person or entity sending a consignment for delivery.
1.3 Consignee
“Consignee” means the person or entity designated to receive a consignment and, where applicable, the party financially responsible for receipt of the consignment. The consignee may, but does not necessarily, also be the receiver.
1.4 Data
“Data” means computer tapes, programs, accounts, electronic media, deeds, documents, written records, or similar items forming the whole or part of a consignment.
1.5 Relevant Collection Point
“Relevant Collection Point” means the address or location from which a consignment is taken into the custody of BPS for purposes of providing the Services.
1.6 Relevant Delivery Point
“Relevant Delivery Point” means the address or location to which a consignment is to be delivered by BPS.
1.7 Customer’s Relevant Representative
“Customer’s Relevant Representative” means a person authorized by the customer to receive a consignment at the Relevant Delivery Point.
1.8 Period of BPS Responsibility
The “Period of BPS Responsibility” means the period beginning when a consignment enters the custody of BPS at the Relevant Collection Point and ending when the consignment is delivered or handed over to the Customer’s Relevant Representative at the Relevant Delivery Point.
1.9 Excepted Risks
“Excepted Risks” means circumstances beyond the reasonable control of BPS, including events of force majeure, as further described under these Terms.
2. Customer Responsibilities
The customer undertakes not to require or cause BPS to carry or convey anything where such carriage or conveyance would be unlawful.
Unless BPS has specifically agreed otherwise, BPS will not carry restricted or hazardous items including:
- Liquids;
- Perishable goods;
- Gases;
- Pyrotechnics;
- Arms and ammunition;
- Corrosive materials; or
- Radioactive materials.
The customer must ensure that the Customer’s Relevant Representative is available to accept delivery of the consignment at the Relevant Delivery Point.
The Customer’s Relevant Representative may be required to issue an appropriate receipt, acknowledgment, signature, or other proof of delivery to the BPS representative delivering the consignment.
Such acknowledgment shall constitute evidence that the consignment was delivered, except where it was obtained through fraud, collusion, or dishonesty by a BPS representative.
3. Delivery of Consignments
BPS will make every reasonable effort to deliver consignments according to its regular delivery schedules.
However, delivery schedules and estimated delivery times are provided for operational purposes only and are not guaranteed unless expressly agreed otherwise in writing.
BPS shall not be liable for loss or damage arising solely from a delay in delivery, subject to applicable law.
4. Unsuccessful Deliveries and Returned Consignments
BPS may notify a consignee or receiver of an upcoming delivery, attempted delivery, or missed delivery.
Where appropriate, the receiver may be offered alternative delivery arrangements, including:
- Delivery on another day;
- Redirection to another delivery point; or
- Collection from a BPS office or designated collection point.
Where the receiver or consignee cannot reasonably be identified or located, refuses to accept delivery, or refuses to pay applicable charges, BPS may make reasonable efforts to return the consignment to the sender.
Any costs associated with returning the consignment may be charged to the sender.
Where a consignment cannot reasonably be returned, BPS may, subject to applicable law, release, dispose of, destroy, or sell the consignment without incurring liability to the sender or any other person.
Where a consignment is sold, the proceeds may first be applied toward outstanding transportation, storage, handling, or administrative costs. Any remaining balance shall be returned to the sender where reasonably practicable.
BPS reserves the right to destroy any consignment that applicable law prevents it from returning, as well as dangerous goods that cannot lawfully or safely be retained or returned.
5. Claims and Liability
BPS’s liability is limited to direct physical loss of or damage to a consignment occurring during the Period of BPS Responsibility, subject to these Terms and applicable law.
BPS shall not be liable for indirect, consequential, incidental, or economic losses, including but not limited to:
- Loss of profits;
- Loss of income;
- Loss of interest;
- Loss of business;
- Loss of future business or opportunity; or
- Other special or indirect losses.
This limitation applies whether or not BPS was informed that such loss or damage could occur.
All claims relating to loss or damage must be submitted to BPS in writing within seven (7) days from the date on which BPS accepted the consignment, subject to applicable law.
Claims submitted outside this period may not be accepted.
6. Circumstances Beyond Our Control
BPS shall not be liable for loss, damage, delay, failure to deliver, or other consequences arising from circumstances beyond its reasonable control.
Such circumstances may include, without limitation:
- Earthquakes;
- Floods;
- Cyclones;
- Storms;
- Other acts of nature;
- War or invasion;
- Acts of foreign enemies;
- Hostilities, whether war has been declared or not;
- Civil war;
- Rebellion;
- Revolution;
- Insurrection;
- Military or usurped power;
- Confiscation;
- Nationalisation;
- Requisition;
- Destruction of or damage to property ordered by any government, public authority, or local authority;
- Acts or omissions of the receiver, sender, consignee, or another third party;
- Acts or omissions of customs authorities or other government officials; and
- Electrical or magnetic damage to, corruption of, or erasure of electronic data or electronic consignments.
7. Packaging and Fragile Items
BPS shall not be liable for loss or damage caused or contributed to by inadequate, unsuitable, defective, or insufficient packaging.
Customers are responsible for ensuring that consignments are appropriately packed and protected for normal transportation and handling.
BPS shall not be liable for breakage of fragile articles including, without limitation, glassware, marble items, porcelain, bric-a-brac, ornaments, statues, and similar fragile articles, except where liability arises under circumstances expressly covered by BPS or applicable law.
8. Accounts
Where any part of the Services requires an account, you agree to provide complete and accurate information when registering.
You are responsible for all activities carried out through your account and for ensuring that your account information remains current.
You are also responsible for maintaining the confidentiality and security of your login credentials and must not share or misuse them.
You must notify BPS immediately if you become aware of unauthorized use of your account or any other security breach.
9. Intellectual Property
These Terms do not transfer to you any intellectual property belonging to BPS or any third party.
All rights, title, and interest in BPS intellectual property shall remain exclusively with Blessings Parcel Services Co. LTD and its licensors.
10. Third-Party Services
In connection with our Services, you may interact with third-party products, software, websites, applications, integrations, embeds, payment platforms, or other services (“Third-Party Services”).
Your use of Third-Party Services is at your own risk and may also be subject to separate terms and conditions issued by those third parties.
BPS shall not be responsible or liable for any damage or loss caused or alleged to have been caused by your use of, or reliance upon, third-party websites, services, goods, content, or software.
11. Links to Other Websites
Our website or Services may contain links to websites or services that are not owned or controlled by BPS.
BPS does not control and assumes no responsibility for the content, privacy policies, security, availability, or practices of third-party websites or services.
We encourage you to review the terms and privacy policies of third-party websites or services before using them.
12. Termination
BPS may terminate or suspend access to all or part of its Services, subject to these Terms and applicable law.
If you wish to terminate your relationship with BPS or discontinue use of an account or Service, you may stop using the relevant Service, subject to any outstanding obligations relating to consignments, payments, charges, or contractual commitments.
Any provisions that by their nature should continue after termination shall survive termination, including provisions relating to ownership, intellectual property, disclaimers, indemnities, limitations of liability, outstanding charges, and dispute resolution.
13. Disclaimer
Our online Services are provided on an “AS IS” and “AS AVAILABLE” basis.
To the extent permitted by applicable law, BPS and its suppliers and licensors disclaim warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
BPS does not warrant that its online Services will always be error-free, uninterrupted, or continuously available.
Where you download or otherwise obtain content through our online Services, you do so at your own discretion and risk.
14. Governing Law and Jurisdiction
These Terms and your access to and use of the Services shall be governed by and interpreted in accordance with the laws of the Republic of Kenya, except where applicable law requires otherwise.
Any dispute arising from or relating to these Terms or the Services shall be subject to the jurisdiction of the courts of the Republic of Kenya.
15. Changes to These Terms
BPS reserves the right to modify or replace these Terms from time to time.
Where material changes are made, BPS may provide notice through its website, email, or another reasonable means before the changes take effect.
Where reasonably practicable, BPS will endeavour to provide at least 30 days’ notice of material changes.
If you do not agree with the revised Terms, you should discontinue use of the affected Services before the changes become effective.
Continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms.
16. Contact Us
If you have any questions regarding these Terms and Conditions of Service, please contact us at:
Blessings Parcel Services Co. LTD
Email: info@bpskenya.co.ke
Website: https://bpskenya.co.ke
Last Updated: April 6, 2025
