These Terms of Service ("Terms") govern your access to and use of the Backhaul Connect platform — the iOS and Android apps, Telegram bot, WhatsApp bot, Messenger bot, Instagram bot, optional Mini App, and website (collectively, the "Platform") operated by Backhaul Connect ("Backhaul Connect", "we", "us", or "our").

By signing in and using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

1. Definitions

Post — a Post you create for empty lorry capacity or a load that needs moving.
Interest — an expression of interest in another user's Post.
Match — a connection between two users, created when the Post owner accepts an Interest.

2. Service Description

Backhaul Connect is a free B2B matching servicefor companies and registered business organisations — a Telegram, WhatsApp, Messenger, Instagram, iOS, Android, and web platform where signed-in users with a completed company profile can post empty lorry capacity or a backhaul load in West Malaysia, browse the matching service, express Interest, and get matched. Posting and browsing are free for eligible business users. Once two users are matched, we reveal both parties' contact details so they can arrange transport directly.

Backhaul Connect is a neutral matching service for Posts only. We do not process payments, hold funds in escrow, act as a carrier, broker, freight forwarder, or insurer, and we are not a party to any transaction between matched users. Pickup, delivery, and payment are arranged directly between matched users, entirely outside the Platform, on whatever terms they agree between themselves.

3. Eligibility

You must be at least 18 years old and legally capable of entering into contracts under Malaysian law to use the Platform. To confirm a Match, you must complete the required company profile, including your legal company name, business form, and SSM registration number. Providing this information does not mean Backhaul Connect has verified it.

4. Account Registration

You sign in with your Telegram, WhatsApp, Messenger, or Instagram account. You agree to provide accurate, current, and complete information. You must complete the required company profile before you can confirm a Match. This includes the legal company name, SSM registration number, business form, business address, contact, and invoicing information, and it must accurately identify the business you represent. It stays private from other users until a Match is created, when it is shared with the matched party. You must also keep your messaging account secure.

Backhaul Connect does not process payments, so we do not require Know-Your-Customer (KYC) verification, bank details, or government ID to use the Platform.

5. No Party Verification — Verify the Other Party Yourself

A completed company profile is required to confirm a Match. However, to keep the Platform open and free to use, Backhaul Connect does not independently verify any business information submitted by users, including a company's identity, SSM registration number, business form, address, licensing, solvency, or trustworthiness. We do not confirm that a user is who they claim to be or is capable of performing the transport. A Match is a connection only — not vetting, endorsement, or a guarantee of either party.

You are solely responsible for independently verifying the other party and deciding whether to transact with thembefore arranging transport, sharing cargo, or making or accepting payment. This may include checking the company's registration, authority to act, licences, insurance, vehicle, references, and any other information relevant to the proposed job. Because we do not verify parties and are not part of your transaction, you and the other party are also solely responsible for issuing to each other all legal and commercial documents required for your shipment. This includes, without limitation, the invoice, delivery order (DO), receipt, proof of delivery (POD), and any consignment note, permit, insurance document, tax invoice, or other paperwork required by law or by your own arrangement. Backhaul Connect does not generate, issue, hold, witness, or validate any of these documents, and provides no such record on your behalf. You should carry out your own due diligence on any party before transacting.

5.1 Accurate, Truthful & Authorised Information

You are solely responsible for the accuracy, truthfulness, and legitimacy of every piece of information you provide — including your identity, company name, business form, SSM registration number, business address, contact and invoicing details, licences, vehicle and capacity details, cargo type and weight, pricing, and every Post you create. You must use the Platform honestly and in good faith, and you must be duly authorised to represent the business you register. You must not impersonate, or submit the details of, any company, person, or registration number you are not authorised to act for.

Providing false, inaccurate, misleading, forged, or unauthorised information — or using the Platform to post or obtain a job on that basis — may render any resulting agreement voidable and may constitute a civil wrong or a criminal offence under Malaysian law. Depending on the conduct, this may include (without limitation):

Penal Code (Act 574) — cheating and dishonestly inducing delivery of property (ss. 415–420), forgery of documents such as SSM, licensing, insurance, or roadworthiness records (ss. 463–471), and impersonation or personation (ss. 416, 419).
Companies Act 2016 (Act 777) — s. 591, making or authorising a false or misleading statement; and misrepresenting a registered company, its name, or registration number you are not authorised to represent.
Contracts Act 1950 (Act 136) — ss. 17–19, fraud and misrepresentation, which render a contract induced by false information voidable at the option of the party misled, who may also claim damages.
Communications and Multimedia Act 1998 (Act 588) — s. 233, knowingly making or initiating the transmission of false content with intent to deceive.
Trade Descriptions Act 2011 (Act 730) — applying a false or misleading trade description to a service in the course of trade or business.

As stated in Section 5, Backhaul Connect does not verify this information. The responsibility to provide it honestly rests entirely with you, and the responsibility to verify the other party rests entirely with the party you deal with. The Acts above are referenced for general awareness only and are not legal advice.

6. Fees & the Transaction Between Matched Users

6.1 Backhaul Connect is Free to Use

Backhaul Connect is currently free to use. We do not charge any fee to sign up, post, browse, express interest, or connect with a match, and we do not process payments or sit in the middle of the transaction between matched users. If we introduce platform fees in the future, we will communicate the change in writing at least 30 days before it takes effect, and it will apply only to matches created after that date.

6.2 The Transaction Itself

Once you are matched, agreeing a price, arranging pickup and delivery, and paying each other happens directly between you and the other party— the same way it would if you'd found each other over WhatsApp or a phone call. Backhaul Connect is not involved in, does not process, and does not guarantee any part of that transaction. We do not hold funds, do not verify that either party fulfils their side, and do not mediate disputes.

6.3 Prices

If you choose to state an asking price on your post, it's for informational purposes only — a note between you and the counterparty, not a platform-enforced price.

7. User Conduct

You agree not to:

Post false or misleading load/capacity information.
Engage in fraud, misrepresentation, or deception.
Harass, threaten, or abuse other users.
Share login credentials or account access.
Use the Platform for illegal cargo (drugs, weapons, stolen goods).
Interfere with Platform operations or security, or scrape/automate access.

Whoever posts a load must declare cargo type and weight accurately. Whoever posts or accepts a load must not transport hazardous materials without proper certification, perishables without appropriate equipment, or oversized cargo without proper permits.

7.1 Legal Compliance & Prohibited Shipments

Any illegal item or illegal shipment is strictly prohibited on the Platform. You must not post, carry, or arrange the movement of any goods whose possession, transport, or trade is unlawful — including but not limited to prohibited drugs, weapons, explosives, stolen goods, contraband, counterfeit goods, and any smuggled or undeclared items.

Every shipment arranged through the Platform must fully comply with all applicable Malaysian laws and regulations, including (without limitation) the Road Transport Act 1987, the Land Public Transport Act 2010, the Commercial Vehicles Licensing Board Act 1987, customs and excise legislation, and all other Acts, by-laws, permits, and licensing requirements that apply to the goods, the route, and the mode of transport.

This obligation covers every person and asset involved in the shipment — including the vehicle, driver, shipper, transporter, and any agent, sub-contractor, or other party. Each must hold the valid licences, permits, registrations, roadworthiness, and insurance required by law for the goods being carried. You are solely responsible for ensuring this compliance; Backhaul Connect does not verify it and accepts no liability for any unlawful or non-compliant shipment.

7.2 Transporter Regulatory Compliance

Any user who offers, accepts, or performs the carriage of goods through the Platform must at all times fulfil every regulatory requirement imposed by the Government of Malaysia and its authorities. By posting available capacity, expressing interest in a load, or accepting a Match as the carrying party, you represent and warrant that you and every vehicle, driver, and person involved hold all valid licences, permits, registrations, and cover required by law. This includes (without limitation):

a valid operator/carrier licence for goods carried for hire or reward (e.g. Class A Carrier Licence or Class C Licence) under the Land Public Transport Act 2010 (Act 715) and the Commercial Vehicles Licensing Board Act 1987 (Act 334), administered by APAD;
a valid Goods Driving Licence (GDL) and appropriate driving licence class for each driver, and vehicle registration and roadworthiness under the Road Transport Act 1987 (Act 333), including a current PUSPAKOM inspection where required;
valid motor and, where appropriate, goods-in-transit / cargo insurance;
any additional permit, approval, or certification required for the specific goods, route, or mode of transport — including customs, excise, hazardous-goods, perishable, or oversized-load requirements.

Operating without the required licences or permits is an offence under the Acts above. You are solely responsible for obtaining, maintaining, and complying with every such requirement. Backhaul Connect does not verify, procure, or guarantee any licence, permit, insurance, or regulatory status, and accepts no liability for any user who transacts without them.

7.3 Reporting, Takedown & Cooperation with Authorities

Backhaul Connect prohibits unlawful use of the Platform and will act on it. If you believe any Post, user, or activity is fraudulent, unlawful, or in breach of these Terms, you may report it to us at support@backhaul.thebigdays.com.

Where we become aware of content or conduct that is fraudulent, unlawful, or non-compliant, we may remove or restrict the relevant Post or account, and we may report the matter to, and cooperate with, the police, APAD, the Royal Malaysian Customs Department, or any other competent authority — including disclosing relevant account and Post information where permitted or required by law. Acting, or choosing not to act, on a report does not make Backhaul Connect a party to any transaction or dispute, and does not transfer to us any responsibility that rests with the users involved.

8. Disputes, Reviews & Enforcement

8.1 Disputes Are Between Users

Backhaul Connect does not handle, mediate, arbitrate, or resolve disputes arising out of a match or shipment — including disputes over payment, cargo loss or damage, delay, no-shows, documentation, or the quality of service. Any such dispute must be resolved directly between the shipper and the transporter, on their own terms and, where necessary, through their own legal or insurance channels. Backhaul Connect is not a party to the dispute and bears no responsibility for its outcome.

8.2 Reviews

You may submit a review of a party you matched with through the Platform. Reviews help users assess a party's track record, but are not a dispute process and do not make Backhaul Connect a party to any shipment or commercial arrangement. You agree that any review you submit is honest, accurate, made in good faith, and not defamatory or retaliatory.

8.3 Enforcement

Backhaul Connect may take action where a user breaches these Terms, provides false information, posts fraudulent or illegal content, or misuses the Platform. Such action may include warning the user, restricting their account, temporarily suspending access, or permanently blocking further access to the Platform, at our discretion. This does not make Backhaul Connect a party to, or responsible for resolving, a dispute between matched parties.

9. Account Suspension

We reserve the right to suspend or terminate accounts that provide false information, post fake or duplicate Posts, violate these Terms, engage in fraudulent or illegal activity, or otherwise misuse the Platform.

10. Reporting Abuse & Fake Posts

If you believe a post is fake, fraudulent, or misleading, or another user has misrepresented themselves, you may report it to us. We target a first response within 5 business days during the early rollout. As stated in Section 8, Backhaul Connect does not adjudicate disputes between matched users — those are between the two parties directly — but we may suspend or block an account for fraudulent activity or other misuse of the Platform.

11. Intellectual Property

All content on the Platform (logos, text, graphics, code) is owned by Backhaul Connect or licensed partners. You may not copy, modify, distribute, or create derivative works from Platform content, or use it for commercial purposes without permission.

12. Limitation of Liability

The Platform is provided on an "as-is" and "as-available" basis, without warranties of any kind. We do not warrant that the Platform will be uninterrupted or error-free, that any Post will result in a Match, or that any Match will result in a completed, satisfactory, or profitable transaction.

To the fullest extent permitted by Malaysian law, Backhaul Connect is not liable for any loss or damage arising from: cargo loss, damage, or theft; delivery delays, failures, or non-performance by any party; non-payment, underpayment, or any other dispute arising from the transaction between matched users; the acts, omissions, identity, solvency, licensing, or conduct of any other user; missing, incorrect, or unissued documents (invoice, DO, receipt, POD, or otherwise); or the availability or acts of third-party services (such as Telegram, WhatsApp, Messenger, or Instagram).

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profit, revenue, business, goodwill, or data, even if we were advised of the possibility.

Where, despite the above, Backhaul Connect is found liable to you for any matter arising out of or in connection with the Platform or these Terms — whether in contract, tort (including negligence), statute, or otherwise — our total aggregate liability to you, for all claims combined, shall not exceed the greater of RM 100 or the total fees (if any) you actually paid us in the 12 months before the event giving rise to the claim. This is your sole and exclusive remedy against us.

A claim against Backhaul Connect will only be considered where all of the following are met, and any such claim is otherwise waived:

the loss is a direct loss caused by Backhaul Connect's own proven breach of these Terms or its own proven negligence — not the act, omission, breach, or conduct of any other user or third party;
you have complied with these Terms yourself. No claim may be made where the loss arises wholly or partly from your own breach, misuse, false or unauthorised information, illegal or non-compliant activity, or failure to verify the other party;
you notified us in writing with reasonable supporting evidence within 30 days of becoming aware of the issue; and
you commence any formal claim within 6 months of the event, after which the claim is permanently time-barred.

For the avoidance of doubt, this clause is a limit on our liability, not a promise to pay. A dispute with, or loss caused by, another user (including scams, non-payment, cargo loss, or an unlawful shipment) does not create any claim against Backhaul Connect and does not entitle you to the sum above.

Your indemnity to us. You agree to indemnify and hold Backhaul Connect harmless against any claim, loss, liability, cost, or expense (including reasonable legal fees) arising out of or in connection with your use or misuse of the Platform, your Posts or information, your breach of these Terms or of any law, an unlawful or non-compliant shipment, or any dispute between you and another user.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under Malaysian law — including liability for our own fraud or fraudulent misrepresentation, or for death or personal injury caused by our negligence.

Backhaul Connect strongly recommends that anyone providing transport capacity maintain comprehensive cargo and motor insurance. Backhaul Connect does not provide insurance.

13. Termination

Backhaul Connect may terminate your account at any time, with or without cause, on 7 days' notice. Upon termination, your account will be deactivated and your data will be deleted per our Privacy Policy.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of Malaysia. Any legal action arising out of or in connection with these Terms shall be brought in the Malaysian courts of competent monetary jurisdiction. Nothing in these Terms restricts a consumer's statutory rights under Malaysian law.

15. Changes to These Terms

We may update these Terms from time to time. Continued use of the Platform after an update constitutes acceptance of the revised Terms. We will notify users of material changes via the bot.

16. Data Protection

We process personal data in accordance with our Privacy Policy and the Personal Data Protection Act 2010 (Act 709). Your company profile stays private until a Match is created, at which point it is shared with the matched party so the two of you can transact directly. By using the Platform, you consent to this processing. Please read our Privacy Policy for full details of what we collect, why, and your rights.

17. General

17.1 Force Majeure

Backhaul Connect is not liable for any failure or delay in providing the Platform caused by events beyond our reasonable control, including outages or acts of third-party services (such as Telegram, WhatsApp, Messenger, or Instagram), network or hosting failures, acts of God, natural disasters, epidemics, strikes, or government action.

17.2 Severability

If any provision of these Terms — or any part of it, including any part of the limitation of liability in Section 12 — is held invalid, unlawful, or unenforceable, that part is severed and the remaining provisions continue in full force and effect.

17.3 No Agency or Partnership

Nothing in these Terms creates any agency, partnership, employment, joint venture, or carrier, broker, or freight-forwarder relationship between you and Backhaul Connect. Each user acts as an independent party.

17.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms to a successor, affiliate, or acquirer of our business.

17.5 Entire Agreement & No Waiver

These Terms, together with our Privacy Policy, form the entire agreement between you and Backhaul Connect regarding the Platform and supersede any prior understanding. Our failure to enforce any provision is not a waiver of our right to enforce it later.

17.6 Governing Language

These Terms are published in English. If we provide a translation, the English version prevails in the event of any conflict or inconsistency.

18. Contact

For questions about these Terms, contact us at support@backhaul.thebigdays.com.