Airshipt terms and condition
PLEASE READ THESE TERMS OF SERVICE AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
Airshipt, INC., incorporated in the State of Delaware, (hereafter referred to as "Airshipt.com or www.Airshipt.com or Airshipt or Airshipt INC. or Airshipt.com INC.", "we", "us", or "our") provides an online platform that connects buyers or shoppers who want to buy or acquire products from overseas (primarily because of lack of local availability or for high local pricing of the products) and travelers who are willing to transport or carry the products for the shoppers or buyers upon deals that are made between them with the presence of their mutual consent (collectively, the “Services”), which Services are accessible at www.Airshipt.com and any other websites through which Airshipt makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”). By using the Site and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and Airshipt. Please read carefully these Terms and our Privacy Policy, which may be found at https://www.Airshipt.com/terms, and which is incorporated by reference into these Terms.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH BUYER (DEFINED BELOW) MAY CHOOSE PRODUCTS TO BUY AND ASK A TRAVELER (DEFINED BELOW) FOR TRANSPORTING OR CARRYING (DEFINED BELOW) THE PRODUCT UPON THEIR MUTUAL CONSENT ON THE AGREED DEAL. YOU UNDERSTAND AND AGREE THAT AIRSHIPT IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN TRAVELER AND BUYER, NOR IS AIRSHIPT A SHIPMENT OR TRANSPORTATION AGENCY, RETAILER OR SELLER OF PRODUCTS, AGENT OR INSURER. AIRSHIPT HAS NO CONTROL OVER THE CONDUCT OF BUYER AND TRAVELER AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY NEGOTIATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
Key Terms
“Airshipt Content” means all Contents that Airshipt makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content. “Collective Content” means Member Content and AIRSHIPT Content. “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Shipper or Sender” means a Member who requests to ship a product or parcel that is legal and fits the Airshipt Flat Rate Envelope and is within 2lb in weight using the Site, Application or Services.
“Shopper or Buyer” means a Member who requests a booking of a product via the Site, Application or Services, or a Member who contacts a traveler and asks them to transport products in exchange of a charge as agreed upon between respective shopper and traveler. A shopper willingly enters into contracts, carries the burden of ordering products, closes deals on their own discretion, and exempts Airshipt from any liability and excuses Airshipt for any mistakes, violations of trusts, and counterfeit actions happened between the time of deal beginning till its end made via the Site, Application, and Service. “Traveler or Carrier” means a Member who creates a listing of their travel plans and consents that upon making a deal with a shopper, he or she is willing to carry a product to transport to the respective shopper in exchange of a charge of any amount on voluntary basis, as agreed in their mutual deal decisions via the Site, Application and Services. A traveler willingly enters into contracts, carries the burden of transporting the products, closes deals on their own discretion, and exempts Airshipt from any liability, evasion of taxes, carrying illegal or contraband product(s) or good(s) and excuses Airshipt for any mistakes, violations of trusts, and counterfeit actions happened between the time of deal beginning till its end made via the Site, Application, and Services. “Deal” means an agreement between a Shopper and a Traveler regarding a requested product and a respective traveler charge or fee.
“Listing or Posting” means a sharing of a travel information by a Traveler and a Buyer or Shopper. “Member” means a person who completes Airshipt’s account registration (signup or login) process, including, but not limited to Traveler and Shopper.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. Airshipt requires every Traveler to understand, be aware of, and careful about tax rules of a country he or she is travelling to and from while carrying products, purposefully to transport to shopper contacted via Airshipt Site, Applications, and Services. The Traveler is expected to charge the custom’s fee(s), tax fee(s), and other tax-related costs from Shopper during the time of making a deal via Site, Applications, and Services and pay them as they occur if needed. The custom laws of countries can be found from their respective government websites.
DISPUTES; ARBITRATION
Airshipt INC. is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you or we may pursue claims as explained in this section. Please contact us on our support platform for your disputes, claims, questions and feedback.
If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.
You and Airshipt INC. agree that any and all Claims will be resolved by binding arbitration, rather than in court, except that you and we may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs).The arbitrator must follow and enforce these Terms of Use.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator will have authority to decide issues as to the scope of this arbitration agreement and the arbitrability of Claims. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
This arbitration agreement shall be governed by and enforced in accordance with the Federal Arbitration Act and federal arbitration law. An arbitration decision may be confirmed by any court with competent jurisdiction.
PROHIBITED ACTIVITIES(1)
The content and information on this Website (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
- use this Website or its contents for any commercial purpose;
- make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep—link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
- "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
If your booking or account shows signs of fraud, abuse or suspicious activity, Airshipt INC. may cancel any travel or service reservations associated with your name, email address or account, and close any associated Airshipt INC. accounts. If you have conducted any fraudulent activity, Airshipt INC. reserves the right to take any necessary legal action and you may be liable for monetary losses to Airshipt INC. including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Airshipt INC. Customer Service.
SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions will apply to your reservation and purchase of travel—related goods and services that you select. Please read these additional terms and conditions carefully. In particular, if you have purchased an airfare, please ensure you read the full terms and conditions of carriage issued by the travel supplier, which can be found on the supplier’s website. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice. We reserve the right to cancel your booking if full payment is not received in a timely fashion.
In case of a no-show or cancellation, you may be entitled to a refund of airport taxes and fees included in the price of the ticket purchased. Where you are eligible for a refund, you can request such a refund from Airshipt INC. customer service, who will submit your request to the airline on your behalf.
Airshipt INC. may offer you the opportunity to book a reservation for a combination of two one—way tickets instead of a roundtrip ticket. Combined one-way tickets may provide a greater choice of flights, are often cheaper and can be combined on the same airline or on different airlines. Unlike roundtrip tickets, each one-way ticket is subject to its own rules, restrictions, and fees. If one of these flights is affected by an airline change (e.g. cancellation or rescheduling) that causes a Customer to make changes to the other flight, the Customer will be responsible for any fees incurred for making changes to the unaffected flight.
For certain low-cost carriers, the price of your flight has been converted from a different currency for convenience purposes to provide you an estimate of the amount of the purchase in your local currency. As a result, when you book, the amount charged to your credit card by the airline may be slightly different due to currency fluctuations. Your statement may also include a fee from your card issuer to process the transaction plus any applicable taxes for international purchases.
Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person.
You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
Airshipt INC. is not liable for any costs incurred due to hotel relocation.
Sort Order :
Travelers have many options on to help them find the perfect flight or activity. The “sort” settings at the top of the page allows travelers to order search results to their preference, whether based on price, verified review score, or other criteria. The “filter” settings also allow travelers to include or exclude various options to suit their travel needs. If no options are selected, we will show a range of relevant options in the search results, based on the criteria outlined below:
- Flights: Our default sort order is based on lowest price. In cases where two flights have the same price, the shorter flight is listed first.
- Vacation Packages: When combining several different travel products into a vacation package, we use the criteria outlined above to determine the sort order for each product.
Additionally, we continually optimize our service to provide the best experience to travelers. Accordingly, we may test different default sort order algorithms from time to time.
BANK AND CREDIT CARD FEES
Your payment is processed in the United States or India or Bangladesh, when we process your payment. When the travel supplier processes your payment, it is generally processed in the country in which the travel supplier is based.
Airshipt INC. or the travel supplier may have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the travel supplier) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing the your credit card).
Some banks and credit card companies impose fees for international or cross border transactions. For instance, if you are making a booking using a US-issued card with a non-US merchant, your bank may charge you a cross border or international transaction fee. Furthermore, booking international travel may be considered an international transaction by your bank or card company, since we may pass your card details to an international travel supplier to be charged. In addition, some banks and card companies impose fees for currency conversion. For instance, if you are making a booking in a currency other than the currency of your credit card, your credit card company may convert the booking amount to the currency of your credit card and charge you a conversion fee. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
CURRENCY CONVERTER
If a currency convertor is available on the Website, the following terms and conditions apply: Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but the Airshipt INC. Companies, the Airshipt INC. Partners, and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
INTERNATIONAL TRAVEL
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Airshipt INC. has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
Disinsection: Although not common, most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft's interior surfaces with a residual insecticide while passengers are not on board. For more information, see: https://www.transportation.gov/airconsumer/spray
BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, AIRSHIPT INC. DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
LIABILITY DISCLAIMER
The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, the Airshipt INC. Companies and Airshipt INC. Partners do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, Airshipt INC.. expressly reserves the right to correct any pricing errors on our Website and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.
The Airshipt INC. Companies, the Airshipt INC. Partners and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by the Airshipt INC. Companies or the Airshipt INC. Partners. All such information, software products, and services are provided “as is” without warranty of any kind. The Airshipt INC. Companies, the Airshipt INC. Partners and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from the Airshipt INC. Companies, the Airshipt INC. Partners and/or their respective suppliers are free of viruses or other harmful components. The Airshipt INC. Companies, the Airshipt INC. Partners and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
The carriers and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of the Airshipt INC. Companies or the Airshipt INC. Partners. The Airshipt INC. Companies and the Airshipt INC. Partners are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. The Airshipt INC. Companies and the Airshipt INC. Partners have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall the Airshipt INC. Companies, the Airshipt INC. Partners and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the Airshipt INC. Companies, the Airshipt INC. Partners and/or their respective suppliers have been advised of the possibility of such damages.
If, despite the limitation above, the Airshipt INC. Companies, the Airshipt INC. Partners or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the Airshipt INC. Companies, the Airshipt INC. Partners and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Airshipt INC.. in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of the Airshipt INC. Companies, the Airshipt INC. Partners, and/or their respective suppliers.
INDEMNIFICATION
You agree to defend and indemnify the Airshipt INC. Companies, the Airshipt INC. Partners, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your breach of these Terms of Use or the documents referenced herein;
- your violation of any law or the rights of a third party; or
- your use of this Website.
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LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than Airshipt INC.. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that we make available to download from this Website ("Software") or through your mobile application store, including the Airshipt INC. mobile application (the "Mobile Application") is the copyrighted work of the Airshipt INC. Companies and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-exclusive, nontransferable license to download, install and use the Software and/or the Mobile Application for viewing and otherwise using this Website and/or accessing the content and information available within the Mobile Application (including, without limitation, price and availability of travel services) in accordance with these Terms of Use and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the Airshipt INC. Companies, Airshipt INC. Partners, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
Your mobile device must be connected to the internet for the Mobile Application to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the Mobile Application transmitting and receiving data (including but not limited to data roaming charges). As further described in our Privacy Policy, the Mobile Application will automatically transfer a small amount of data as part of its normal operation, including how you use the Mobile Application, which Content you access, and technical errors or problems which the Application may encounter while being used. By using the Mobile Application, you acknowledge, agree and consent to the automatic collection of this information.
ACCOUNT TERMINATION
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Airshipt INC. has adopted a policy of terminating, in appropriate circumstances and at Airshipt INC.'s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Airshipt INC. may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
These Terms of Use are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to principles of conflicts of laws.
You agree that no joint venture, partnership, or employment relationship exists between you and the Airshipt INC. Companies as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and Airshipt INC. with respect to this Website, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
Modification orChanges tothe Airshipt Platform, the Terms ofUse and Incorporated Documents
Weare continually changing and improving the Airshipt Platform. Wereserve the right inour sole discretion tomodify it, toadd orremove features orfunctionalities ortosuspend orterminate any part orallthe Airshipt Platform with orwithout notice toyou. Wemay also modify oramend these Terms orincorporated documents toreflect changes inthe law, changes tothe Airshipt Platform, Fees (defined below) orany other aspect ofthe relationship between Airshipt andYou. You should look atthe Terms regularly.
Ifwemake changes tothese Terms, orany other document incorporated byreference here, wewill post the changes tothe Terms ofUse pages ofour Platform, send you amessage orotherwise attempt tonotifyyou. Amendments are effective nosooner than thirty (30) days after wepost them onthe Airshipt Platform for existing users and immediately for all the new users joining and accepting the terms after and onthe day these are amendments are posted, unless wenotify You otherwise. IfYou donot agree tothe Terms, including aschanged ormodified, Wewill besorry tosee you go, but Your only recourse istostop using oraccessing the Airshipt Platform.
Eligibility and Use ofthe Platform
Access toand use ofthe Airshipt Platform isavailable only toindividuals who are atleast 18 years old, who can form legally binding contracts under applicable law, and who properly create avalid account asexplained below (valid account holders, whether Shoppers, Travelers orboth, may also collectively bereferred tointhese Terms as“Members”). Byaccessing orusing the Airshipt Platform, You represent and warrant that you are eligible todoso.
YOU ALSO ACKNOWLEDGE AND AGREE THAT, UNLESS WEOTHERWISE SPECIFICALLY AGREE INWRITING, AIRSHIPT ISNOT INTHE BUSINESS OFOFFERING, SELLING, PURCHASING, ORBRINGING ’D PRODCUTS. YOU UNDERSTAND THAT BYACCESSING THE THE AIRSHIPT PLATFORM, AND INBECOMING AMEMBER, YOU RECEIVE ONLY THE ABILITY TOUSE THE AIRSHIPT PLATFORM TOACCESS FRIENDS WHO MAY BEINTERESTED INBEING ASHOPPER AND/OR TRAVELER, INCLUDING, BUT NOT LIMITED TO, THE ABILITY TOMESSAGE OTHER MEMBERS ABOUT ’D PRODCUTS. YOU ACKNOWLEDGE AND AGREE THAT AIRSHIPT ISNOT APARTY TOANY RELATIONSHIP ORAGREEMENT BETWEEN YOU AND ANOTHER MEMBER, AND THAT ANY SUCH RELATIONSHIP ISBETWEEN THE MEMBERS ONLY. YOU ALSO ACKNOWLEDGE AND AGREE THAT ATALL TIMES, ITISYOUR RESPONSIBILITY AND NOT AIRSHIPT’S RESPONSIBILITY, WHICH ISDISCLAIMED TOTHE MAXIMUM EXTENT OFTHE LAW, TOBEFAMILIAR WITH, TOABIDE BYAND TOCOMPLY WITH ALL RELEVANT FEDERAL, STATE, LOCAL, AND INTERNATIONAL LAWS, RULES AND REGULATIONS THAT MAY APPLY TOANY ’D PRODCUTS ORTOANY RELATIONSHIP BETWEEN MEMBERS.
Members also acknowledge and agree that they are users ofthe Airshipt Platform only, and that they are not Airshipt employees, joint venturers, partners, oragents whatsoever. Airshipt does not have the right tocontrol and does not control Members, orthe relationships between them orthe subject matter ofsuch relationships. You acknowledge and agree that, except where these Terms provide otherwise, itisthe Members themselves who establish any applicable Traveler Fees. While Airshipt may help facilitate disputes, Wehave nocontrol over and donot guarantee (i) the existence, quality, safety, suitability, orlegality ofany ’d Product arranged between Members, (ii) the truth, accuracy orsuitability ofany description orany other aspect referred tobyMembers onthe Airshipt Platform, (iii) the performance orconduct ofany Member orthird party or(iv) the legality orcompliance with laws, rules, regulations, orders and decisions that may beapplicable toany relationship between Members orthe subject matter thereof. While wemay provide information that may behelpful inassisting you toevaluate another Member, and their status inthe Airshipt community, Airshipt does not endorse any particular Member orany ’d Product. Any reference toaMember being “Verified” (orsimilar language) only indicates that the Member has completed averification oridentification process and nothing else.
Topromote the Airshipt Platform and toincrease exposure topotential Members ortheir desired ’d Products, content from the Airshipt Platform may bedisplayed onother websites, applications, other communications (including email orSMS orother text message services), and inonline and offline advertisements. Toassist Members who speak other languages, content from the Airshipt Platform may betranslated, inwhole orinpart, into other languages and where done so, Airshipt does not guarantee the accuracy orquality ofsuch translations and Members are responsible for reviewing and verifying the accuracy ofthem.
Account Registration, Member Verification and Other Member Representations And Warranties
Toaccess some ofOur features and services, You will need tovalidly register for anaccount and tobecome aMember. You are only eligible tohave one (1) Account atatime, and are not allowed totransfer Your account atany time toanother person orentity. Asindicated above, bydoing so, You represent and warrant that you are over the age ofeighteen (18) and are capable ofentering into legally binding agreements inthe relevant jurisdiction (s).
You also represent and warrant that You will comply with any and all applicable import and export control laws orcustoms laws inYour local jurisdiction. You also represent and warrant that (i) neither You nor the subject ofYour transaction (i.e., ’d Products) isthe subject ofaUnited States orother country’s embargo, orthat ithas been designated bythe United States Government asa“terrorist supporting” country and that (ii) You are not listed onany United States Government orany other country’s list ofprohibited orrestricted parties.
Tocreate aMember account, You must create apassword-protected account (“Account”). You may register for anAccount using Your email and creating apassword, orbyusing your existing third party networking accounts that are enabled byAirshipt now orinthe future such asGoogle, orFacebook, Twitter orothers (“Third Party Networks”), ifany. You agree toprovide accurate, current and complete information during the Account registration process and atall other times when You use the Airshipt Platform, and tocontinually update information sufficient tokeep itaccurate, current and complete. You and You alone are responsible for safeguarding your Airshipt Account password and other information, ifapplicable toaThird Party Network, and You are solely responsible for all activity that occurs onorthrough your Account orThird Party Network created account and that You will immediately inform Airshipt ofany suspected unauthorizeduse. Airshipt isnot liable orotherwise responsible for any loss ordamage that any party claims iscaused inwhole orpart byunauthorized use ofYour Account. Notwithstanding the foregoing, You may, however, beliable orresponsible toAirshipt orthird parties due tounauthorized use ofYour Account.
You acknowledge and agree that, aspermitted byapplicable laws, Airshipt may inits sole discretion, but isnot obligated to, obtain reports from consumer reporting agencies orotherwise review publicly available information about Members, including sexual offender registration lists ordatabases compiling information about criminal convictions relating to, without limitation, crimes ofviolence, theft, burglary, conspiracy, abuse, neglect, fraud, dishonesty, perjury, forgery, embezzlement, cyber crimes, identity theft, drug related offense, obstruction, organized crime, prostitution, warrant violations, weapons offenses and crimes which endanger the life orproperty ofothers. Byaccessing orusing the Airshipt Platform, You authorize ustouse Your personal information (including name, address, date ofbirth orother identifying information) toobtain these reports and agree that wemay, inour sole discretion suspend, cancel, block, restrict orterminate Your access tothe Airshipt Platform based upon Our evaluation ofsuch reports, again inour sole discretion. Ifweundertake aneffort toverify Your background through these orother methods (which weare not obligated todounder these Terms), and choose toidentify you as“Verified,” such anotation shall mean nothing other than that You completed averification oridentification process and shall not constitute anendorsement ofYou orany other Member tothe public ortoany Member.
SMS orText Messaging
Bycreating anAccount, and becoming aMember, You agree that the Wemay send you text (SMS) messages aspart ofthe normal business operation ofYour use ofthe Airshipt Platform. Such uses include without limitation, toprovide You with information you requested from Airshipt orits Members, tolet you know about features, functions, improvements orchanges tothe Platform, tofacilitate Your identification ofdesired Members orMembers who may beable willing todiscuss ’d Products, orother aspects ofyour Account.
These text (SMS) messages may beautomated ornon-automated, and while Airshipt does not charge You tosend orreceive such messages, message and data rates may still apply byyour carrier orother provider. You may opt-out ofreceiving text (SMS) messages from Usatany time bycontacting our Support team. You acknowledge that opting out of receiving text (SMS) messages may impact Your use ofand ability tofully use the Airshipt Platform.
Prohibited Conduct
Regardless ofwhether you access oruse the Airshipt Platform with orwithout anaccount, byaccessing, searching onorusing the Airshipt Platform inany way, You agree that will not:
- Use another person’s Account, tomisrepresent yourself, Your identity orqualifications ortransactions;
- Violate any federal, state, local, national orinternational law, orany rule, regulation, tariff orduty, including customs laws orregulations that may apply toYou ortoYour relationship with other Members ortoany ’d Products.
- Use any automated system including but not limited torobots, spiders, offline readers, crawlers, scrapers toaccess, copy, maintain orcompile the Airshipt Platform orcontent thereon for any purpose without Airshipt’s prior written approval;
- Inany manual orautomated way copy, appropriate, use ordisclose any copyrighted text, orother intellectual property, rights ofpublicity, privacy orcontract rights orotherwise misuse ormisappropriate Airshipt Platform information orcontent including but not limited to, use onamirrored, competitive, orthird-party site;
- Transmit more request messages through the Airshipt Platform inagiven period oftime than ahuman can reasonably produce inthe same period byusing aconventional online web browser;
- Take any action that (a) may unreasonably encumber the Airshipt Platform’s infrastructure; (b) interferes orattempts tointerfere with the proper working ofthe Platform orany third-party participation; © bypasses measures that are used toprevent orrestrict access tothe Airshipt Platform; (d) circumvents, disables orotherwise interferes with security features ofthe Airshipt Platform; (e) distributes viruses orany other technologies that may harm Airshipt orusers; (f) uses the Airshipt Platform inaway that violates any copyrights, trade secrets, orother rights ofany third party, including privacy orpublicity rights; or(g) circumvents ormanipulates and fees, fee structure orbilling claimed orowed asaresult ofinteraction, relationships ortransactions that may befacilitated onthe Airshipt Platform;
- AsaMember, use the Airshipt Platform inany manner that circumvents Your obligation topay Airshipt oranother Member ortobring ’d Products asagreed;
- “Stalk,” orharass orintimidate any other Member oruser ofthe Airshipt Platform; orcollect, harvest orpublish any personally identifiable data including but not limited tonames orother account information, from the Airshipt Platform, oruse the communication systems provided bythe Airshipt Platform for any reason not explicitly authorized bythese Terms, including but not limited tocommercial solicitation purposes;
- Recruit, solicit, orcontact inany form Members for employment orany other use not specifically intended bythe Airshipt Platform;
- Take any inappropriate orunlawful actions, including the submission ofinappropriate orunlawful content toorthrough the Airshipt Platform, including without limitation content that ishateful, illegal, profane, obscene, defamatory, threatening, ordiscriminatory, orthat advocates, promotes, orencourages inappropriate activity, conduct that would beconsidered acriminal offense, orconduct that would give rise tocivil liability orviolate any law;
- Violate any Airshipt policies that govern orrelate toYour use ofthe Airshipt Platform and interactions with You and third parties;
- Take any action that may undermine the efficacy oraccuracy ofreviews orratings systems maintained byAirshipt and which relate toMembers;
- tofail toperform asagreed upon byMembers;
- Engage infraudulent conduct including but not limited toentering into arelationship with another Member toobtain and/or bring ’d Products with nointention offollowing through, offering tomake prohibited money transfers ortoarrange toobtain and/or bring ’d Products that are prohibited byapplicable law atplaces ofdisembarkation, transit orembarkation orentering into any relationship fraudulently orfor fraudulent purpose ortoconclude your arrangement off the Airshipt Platform ortocircumvent orevade the Airshipt Platform ortoevade any other requirement ofthese Terms;
- Registering for more than one (1) Airshipt Account orregistering for aAirshipt Account onbehalf ofanindividual other than Yourself ortransferring orpurporting totransfer your Airshipt Account toany other person.
- Undertake any activity orengage inany conduct that isinconsistent with the business orpurpose ofthe Airshipt Platform; and
- Attempt toindirectly undertake orachieve any ofthe foregoing.
User orThird Party Generated Content
Wemay, inour sole discretion, permit you topost, upload, publish, submit ortransmit content created wholly byYou orthird parties and that isnot created inwhole orpart byUs(“User Content”), which may include but isnot limited toprofile information, information about Airshipt Products orrelationships and similar content. Bymaking available User Content toUs, You grant toAirshipt anirrevocable worldwide, perpetual, non-exclusive, transferable, royalty-free and fully paid uplicense, with the right tosublicense, use, copy, adapt, modify, distribute, license, sell, perform, transfer, display, publicly perform, stream broadcast, access, view and otherwise exploit (bymeans now known ortobedeveloped inthe future) the User Content onthe Airshipt Platform and for any other purpose inour sole discretion, except that private messaging through the Airshipt Platform will not beused byAirshipt inpublic advertising. The license granted byYou toAirshipt will survive termination ofthese Terms and shall survive termination ofthe Airshipt Platform, ifany, ortermination ofYour Account. Airshipt does not claim any ownership interest orrights inYour User Content and nothing inthese Terms shall bedeemed torestrict rights You may have inYour User Content.
You acknowledge and agree that Airshipt has norole inthe creation, either inwhole orinpart, ofUser Content you provide toAirshipt ortothe Airshipt Platform and that You alone are solely responsible for all User Content that You make available, including without limitation Requests, Offers and Acceptances, and the information that may becontained therein. You thus represent, warrant and agree that (i) you either own orhave all necessary rights, licenses, consent and releases necessary togrant Airshipt the rights inUser Content under these Terms; (ii) neither the User Content nor your posting, uploading, publication, submission ortransmittal ofUser Content orAirshipt’s use ofYour User Content (inwhole orpart infringes, misappropriates orviolates any third party’s patent, copyright, trademark, trade secret, moral rights orother intellectual property orproprietary rights orresult inviolation ofany applicable law, rules, regulation orcourt order. You acknowledge and agree that Airshipt may exercise any traditional editorial function astoUser Content including but not limited toproofreading, editing, summarizing, digesting orother editing without becoming the author ofsuch content, and that itremains Your sole responsibility tomonitor your User Content and toguarantee that any such edited User Content isaccurate and consistent with your representations, warranties and agreements inthese Terms.
Wereserve all rights, inour sole discretion toremove, suspend, disable access toorotherwise torestrict access tothe Airshipt Platform ortoUser Content that Weconsider tobeaviolation ofthese Terms, Airshipt policies and procedures, Weconsider harmful tothe Airshipt Platform, toAirshipt ortoany other Member orthird party orwhich Weconsider tobeotherwise objectionable orfor any other reason.
Payment Terms and Appointment ofAirshipt asLimited Payment Collection Agent
Payments-Related Representations and Warranties
Asset forth above, except where weotherwise specifically agree inwriting, Airshipt does not own, create, sell, offer, resell, provide, control, manage, buy, offer tobuy, bring, oroffer tobring orsupply any ’d Products orany other tangible orintangible thing that You may discuss with another Member. When Shoppers and Travelers make oraccept anoffer totransact, they are entering into acontract with each other, and even though Airshipt may act asalimited payment collection agent asdefined below, itisnot aparty toany agreement discussed orentered into between Members.
Airshipt may restrict the availability ofpayment services, orany aspect orfeature ofpayment services, toperform maintenance ofsystems tohelp ensure the proper functioning ofthe system ortoimprove, enhance, modify, suspend orterminate any payment service, ortointroduce new oradditional services atany time, including through additional third parties. The payment-related services may contain links tocertain third-party websites, applications, services orresources (“Third Party Services”). Any such Third Party Services are subject todifferent terms orconditions and privacy practices created orcontrolled bythird party providers and not Airshipt, and Members should review them carefully and independently. Airshipt isnot responsible for orliable for the availability, accuracy, reliability oranything related toThird Party Services, including the content thereon. Links orother access toinformation ofThird Party Service providers shall not constitute anendorsement byAirshipt ofsuch providers ortheir services.
You may not use Airshipt’s payment related services except asauthorized bythe laws ofthe United States ofAmerica, the laws ofthe jurisdiction where you reside, and any other applicable laws. Specifically, but not byway oflimitation, Airshipt’s payment related services may not beused tosend orreceive funds orcurrency into (i) any United States embargoed countries; (ii) toanyone onthe United States Treasury Department’s list ofSpecially Designated Nationals orthe United States Commerce Department’s list ofDenied Persons List orEntry List. Byagreeing tothese Terms, byaccessing and/or using the Airshipt Platform, you further represent and warrant that (i) neither you nor the subject ofyour transaction (e.g., products, goods, products, services, tangible orintangible things) are located inacountry that issubject toaUnited States Government embargo, orthat has been designated bythe United States Government asa“terrorist supporting” country; and (ii) that you are not listed onany United States Government list ofprohibited orrestricted parties. Additionally, notwithstanding your agreement tothe above relating tothe laws ofthe United States ofAmerica and its subdivisions, localities and municipalities, you also hereby agree tocomply fully with relevant export and import and customs laws inyour local country and jurisdiction.
Payment Processing Services
Payment processing services, which are akey feature ofthe Airshipt Platform, are currently provided byStripe, and where applicable, may include money transmission services pursuant tolicenses orother regulatory approvals held byStripe. Payment processing services provided byStripe are subject tothe Stripe Connected Account Agreement, which includes the Stripe Services Agreement. Byagreeing tothese Terms orbyaccessing, searching orusing the Airshipt Platform, You agree tobebound bythe Stripe Connected Account Agreement and the Stripe Services Agreement, asthey may beamended ormodified from time-to-time byStripe. Airshipt’s provision ofany payment processing services through Stripe issubject, and conditioned upon, Your agreement toprovide Airshipt up-to-date, accurate, and complete information relating toyou and your payment instrument (s) and You expressly authorize Airshipt toshare this information and transaction-related information relating toyour use ofpayment related services with Stripe. Airshipt reserves the right toprovide payment processing services through other third party vendors, and ifitchoose todoso, will provide notice toyou via Airshipt Messaging orthrough another method.
Appointment ofAirshipt asLimited Payment Collection Agent
Byagreeing tothese Terms, and inaccessing orusing the Airshipt Platform, Travelers appoint Airshipt astheir respective limited payment collection agent, authorized toreceive and collect payments for transactions entered into between Members, including (i) Product Costs, (ii) Airshipt Service Fees, (iii) Traveler’s Fees, (iv) Acceleration Fees, ifany, and (iv) Taxes and other Government Regulatory Fees (for example, without limitation duties, tariffs orgovernment charges) (“Total Fees”) owed byShoppers toTravelers asset forth inthese Terms. Payments made byShoppers toAirshipt inconnection with anOffer shall beconsidered the same asapayment made directly toTravelers, and Travelers agree toprovide the ’d Products toShoppers inthe agreed-upon manner asifthe Traveler has received payment directly from Shoppers. You further agree that Airshipt’s obligation toremit payments toTravelers isconditioned upon and extends only tosums that ithas successfully received from Shoppers inaccordance with the relevant agreements, and also that inaccepting appointment asthe limited payment collection agent, Airshipt assumes noliability for any acts oromissions ofShoppers orTravelers, Members orany other person. Aslimited payment collection agent, Airshipt assumes noliability orobligation for any funds orobligations owed byShoppers that were not collected byAirshipt inits role under this Paragraph.
Each Shopper and Traveler acknowledges and agrees that, notwithstanding the fact that Airshipt isnot aparty tothe agreement between Travelers and Shoppers, Airshipt acts asthe Travelers payment collection agent for the limited purpose ofaccepting collection from Shoppers onbehalf ofthe Traveler. Upon Shoppers' remittance toAirshipt, Shoppers' payment obligation tothe Traveler for agreed upon amounts isextinguished, and Airshipt isresponsible for remitting funds collected toTravelers inthe agreed upon manner. Inthe event that Airshipt does not remit such amounts, Travelers' recourse isonly against Airshipt, and not Shoppers directly.
Ifany Member does not make apayment properly, orifAirshipt cannot properly charge apayment method onfile with it, orany other payment method for any reason, Airshipt expressly reserves all rights under applicable law torecover payment aswell asallits costs and expenses incurred, including reasonable attorneys' orother professionals' fees, inpursuing such payment (s).
Similarly the terms and conditions set above are not limited and applicable for shippers.
Transactions Between Shoppers, Shippers(senders) and Travelers on Airshipt
Airshipt strives tomake the Airshipt Platform useful, simple and efficient. Airshipt Shoppers located globally may gain access tofriends who have better availability to Products inother markets who may befully willing tobring these products totheir Airshipt friends and colleagues. Atthe same time, Airshipt enables Travelers tohelp their friends and community, and may even help them defray the time and expense oftheir travel tosee and help their global Airshipt friends. Through the Airshipt Platform, Airshipt helps tobring diverse groups ofpeople together, and hopefully, tominimize the differences and divisions that can accumulate over time, geographical distance and cultures.
Asset forth more fully below, inatypical transaction facilitated onthe Airshipt Platform, the Shopper publishes aninvitation called a“Shopper Request” which identifies desired ’d Products. Interested Travelers orTravelers matched bythe Airshipt Platform, may then make offers tobring ’d Products onterms expressed between Members ina“Traveler’s Offer.” When agreed upon, execution ofthe “Shopper’s Acceptance, fixes the final and binding agreement between the Members.
Similarly the terms and conditions set above are not limited and applicable for shippers.
Travel and Earn platform and usage
Travel and Earn platform can be used by Airshipt users to deliver good(s) or parcel(s) that are legal from one country to another country. The traveler carries the good(s) or parcel(s) and agrees to carry it safely, un-damaged, check the good(s) or parcel(s) before carrying and make sure all content is legal and not prohibited to be carried by law. The traveler also agrees to all Terms and Privacy policy of Airshipt INC. and agrees to bear all responsibility for the good(s) or parcel(s) being accepted to be carried by them. The traveler is responsible for checking the contents and legal terms of the country they are carrying and the country they will be delivering any transit country(ies) as well they may be traveling or stopping. Airshipt will be at no times responsible for the good(s) or parcel(s) carried by the traveler using Airshipt’s platform.
The Shopper Request
After finding anProduct ofinterest, Shoppers must create avalid Shopper’s Request. The Shopper’s Request ismade when the Shopper uses the Airshipt Platform submission tool to(i) describe the product specifically including the price; (ii) toadd the location (City and Country) where the Shopper isorwhere they want the Products brought, and (iii) toadd the desired receipt date. Airshipt advises Shoppers tobeasspecific aspossible and provides aplace to“Include aNote toYour Traveler” tohelp ensure that aTraveler obtains and brings only the desired product. Shoppers shall not request Prohibited Products.
Prohibited Products (Senders/Shippers/Shoppers) (2)
Airshipt Shoppers and Shippers expressly agree not touse the Airshipt Platform ortorequest that aTraveler obtain orbring any product that isprohibited under the laws ofthe United States and/or its subdivisions, orofany international laws orlaws ofany local jurisdiction applicable toMembers, goods, transit ordestination. Itisthe responsibility ofboththe Shopper and Shipper (and not Airshipt) torefrain from requesting orbringing any Product that isprohibited either bythe jurisdiction ofdisembarkation, transit orembarkation. Prohibited products include, but are not limited, to:
- Hazardous Materials asdefined bythe United States Environmental Protection Agency (EPA) the United States Occupational Safety and Health Administration (OSHA), the United States Department ofTransportation (USDOT), the United States Nuclear Regulatory Commission (NRC) orbythe United States Department ofCommerce (DOC), United States Customs and Borders Protection (CBP), United States Department ofHomeland Security orsimilar agencies, national, state and local.
- Counterfeit goods
- Currency
- Stolen property
- Alcohol
- Live animals
- Firearms, ammunition, explosives orchemicals
- Human remains
- Pornography orobscene materials
- Illegal drugs orregulated drugs (prescription) inviolation oflaw
- Any product o product related toillegal activities, such asthe production ofillegal drugs
- Any product that isprohibited bylaw inthe place oforigin, destination orany jurisdiction oftransit through between origin and destination
- Batteries
- Aerosols orany flammable materials
- Knives, batons orother weapons
- Certain agricultural products
Airshipt recommends that Shoppers and Travelers consult their respective government agencies which regulate products that may and may not bebrought into orout ofacountry oforigin, such aslists maintained by the United States Transportation Security Agency, (TSA). All travel from the United States, and packing related thereto, shall comply with all applicableTSA Rules.
Traveler Fees
When the Shopper or Shipper creates a Request, the Airshipt Platform auto-calculates a suggested, optimal Traveler Fee.
Fees
The following components that make upthe Total Fees must becontained in, and fully described inthe Traveler’s Offer. When Accepted, the Traveler’s Offer establishes the final and total amounts towhich the Shopper agrees.
- Product Cost: Although aShopper may specify aprice inthe Request, the actual ’d Product Cost shall bethe amount specified bythe Traveler inthe Offer; (ii) Service Fee: This isasservice fee charged byand retained byAirshipt for the use ofits Airshipt Platform byShoppers and Travelers. Service Fees are collected byAirshipt from Shoppers and deducted from remaining amounts remitted toTravelers byAirshipt asthe Traveler’s limited payment collection agent asdescribed above. Service Fees are non-refundable. (iii) Traveler’s Fee: The Traveler’s Fee isthe amount Shoppers agree togive totheir Traveler friends for helping the Shopper. Asset forth above, Airshipt may estimate aTraveler’s Fee for planning purposes, but the actual Traveler’s Fee isset bythe Traveler inthe Offer. The Service Fee and Traveler’s Fee may collectively bereferred tobyAirshipt asthe “Platform Fees).” (iv) Acceleration Fee: The Expedited Fee, ifany, may beadded to’d Products with the consent ofboth Shopper and Traveler toaccelerate the time inwhich Travelers may obtain and bring ’d Products. (v) Applicable Taxes: Airshipt may auto-calculate anestimate ofsales and other taxes associated with the Traveler’s Offer. Airshipt always separately states the Applicable Taxes from the Product Cost, and the Platform Fees. (vi) All government fees, tariffs and duties are the responsibility ofthe Traveler and Traveler isrequired tomake sure that the Shopper isaware ofsuch fees prior toaccepting the offer.
Airshipt Flat Rate envelope charges are flat and fixed depending on the countries they are being shipped from and received at.
Import Restrictions and Charges
It is the sole responsibility ofthe Travelers to be familiar with, to specify, and to include in the Traveler’s Offer. Although not exhaustive, Airshipt may provide links to certain government and third party sites where Members can find out more information about their travel destinations and rules and regulations applicable tot heir travel, including:
Country Information from U.S. State Dept.--Bureau of Consular Affairs
Customs Duty Information from U.S. Customs and Border Protection
Country Information from Int'l Air Transport Ass'n
U.S. Customs and Border Protection Form 6059B
Shopper’s Acceptance
When the Shopper and Traveler have agreed to all aspects, including applicable timing and Total Fees, the Shopper must agree to the Traveler’s Offer, in what we call the “Shopper’s Acceptance.” The Shopper’s Acceptance is an agreement on all material terms between aShopper and Traveler, under which they agree to be bound to each other to in the manner agreed. The shopper’s bank/card/payment method is charged as soon the traveler uploads a “Purchase receipt” of the product that was requested by the shopper.
Shipper’s acceptance
Shippers or senders are charged the Flat Rate Envelope fee as soon as they pay for the services.
Traveler fee acceptance
Travelers are paid their traveler “carrying” fee upon successfully delivering the products, goods, services or parcels to the destination country. The products, goods, services or parcels must be undamaged and exact as described by shopper or exact as was shipped by sender and exact as at the time leaving Airshipt store.
Intellectual Property
All information and material onour Platform, other than User Content, iseither owned byAirshipt orislicensed bythe respective owners. You are not allowed touse these materials except aswepermit You todosoinwriting. The trademarks and service marks Airshipt and the associated logo and graphics are owned byAirshipt protected bycopyright, trademark and other laws ofthe United States, foreign countries and international conventions. Any other marks are the property oftheir respective owners. You agree that You recognize our rights and the rights ofthird parties intheir respective marks and that You may not copy, use orother exploit them except aspermitted inwriting. Weretain ownership ofall ofour intellectual property rights and You have norights toour intellectual property orrights inintellectual property.
Subject toYour continued compliance with these Terms, and inOur sole discretion, Airshipt grants You alimited, non-exclusive, revocable, royalty-fee, fully paid up, nontransferable, and non-sublicensable license toreproduce and display content from the Airshipt Platform (excluding any software source code) only inconnection with Your access toand participation inthe Airshipt Platform for Your personal and non-commercialuse. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, sell, perform ordisplay content, except asexpressly permitted inthe Terms. Noother licenses orrights are granted toYou byimplication orotherwise under any intellectual property rights owned orcontrolled byAirshipt orits licensors.
Warranty Disclaimers
Wehope You enjoy using the Airshipt Platform and find itinvaluable. There are certain things that wedonot and cannot promise.
YOUR USE OFTHE AIRSHIPT PLATFORM SHALL BEATYOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT AIRSHIPT DOES NOT HAVE ANOBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON TO(A) MONITOR ORREVIEW OREDIT USER CONTENT; OR(B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) ORREGISTERED SEX OFFENDER CHECKS ONANY MEMBER OROTHER PERSON BOUND BYTHESE TERMS
THE AIRSHIPT PLATFORM ISPROVIDED ONAN“ASIS” AND “ASAVAILABLE” BASIS. TOTHE MAXIMUM EXTENT ALLOWED BYLAW, AIRSHIPT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OFANY KIND, WHETHER EXPRESS ORIMPLIED, INCLUDING, BUT NOT LIMITED TOTHE IMPLIED WARRANTIES OFTITLE, MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE AND NON-INFRINGEMENT.
AIRSHIPT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSORS MAKE NOWARRANTY THAT (i) THE AIRSHIPT PLATFORM WILL MEET YOUR REQUIREMENTS; (ii) THE AIRSHIPT PLATFORM WILL BEUNINTERRUPTED, TIMELY, SECURE ORERROR-FREE; (iii) THE RESULTS THAT MAY BEOBTAINED FROM THE USE OFTHE AIRSHIPT PLATFORM WILL BEACCURATE ORRELIABLE; (iv) THE QUALITY OFANY PRODUCTS, SERVICES, INFORMATION OROTHER MATERIAL PURCHASED OROBTAINED BYYOU FACILITATED THROUGH THE AIRSHIPT PLATFORM WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS INTHE SOFTWARE, APPLICATIONS ORCODE WILL BECORRECTED.
ANY MATERIAL DOWNLOADED OROTHERWISE OBTAINED THROUGH THE USE OFTHE AIRSHIPT PLATFORM ISACCESSED ATYOUR OWN DISCRETION AND RISK, AND YOU WILL BESOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OFACTION WITH RESPECT TOANY DAMAGE TOYOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD ORDISPLAY DEVICE, ORLOSS OFDATA THAT RESULTS FROM THE DOWNLOAD OFANY SUCH MATERIAL.
YOU ARE SOLELY RESPONSIBLE FOR ALL OFYOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS ORUSERS OFTHE AIRSHIPT PLATFORM AND WITH THIRD PARTIES WITH WHOM YOU INTERACT WITH ORCOMMUNICATE WITH ASARESULT OFYOUR USE ORACCESS OFTHE AIRSHIPT PLATFORM. YOU UNDERSTAND THAT AIRSHIPT DOES NOT UNDERTAKE TOVERIFY THE ACCURACY OFORSTATEMENTS OFMEMBERS ORTHIRD-PARTY USERS OFTHE AIRSHIPT PLATFORM ORTOVERIFY ANY PRODCUTS THAT MAY BETHE SUBJECT OFARELATIONSHIP FACILITATED BYTHE AIRSHIPT PLATFORM.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ACTING UPON THE ADVICE ORDIRECTION OFAIRSHIPT ORANY OFITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSORS, NONE OFWHOM ADVISE ORDIRECT YOU ORYOUR COMMUNICATIONS ORYOUR TRANSACTIONS WITH MEMBERS ORTHIRD PARTIES, INCLUDING BUT NOT LIMITED TOLEGALITY OFYOUR TRANSACTIONS. PRODCUTS, COMMUNICATIONS, TAXES, DUTIES, FEES OROTHER CHARGES, ORGOVERNMENT ORCUSTOMS OFFICIALS OFANY COUNTRY RELEVANT TOANY TRANSACTION ATTEMPTED, CONTEMPLATED ORCOMPLETED BYYOU ORBETWEEN MEMBERS FACILITATED BYTHE AIRSHIPT PLATFORM. YOU ALONE ARE RESPONSIBLE FOR ANY STATEMENT MADE TOANY GOVERNMENT OFFICIAL REGARDING ANY TRANSACTION ATTEMPTED, CONTEMPLATED ORCOMPLETED BYYOU ORBETWEEN MEMBERS THAT ISFACILITATED BYTHE AIRSHIPT PLATFORM, INCLUDING BUT NOT LIMITED TO, THAT YOUR TRANSACTION ISINFULL COMPLIANCE WITH LOCAL LAWS THAT MAY APPLY TOSUCH TRANSACTION AND REMAIN ATALL TIMES SOLELY RESPONSIBLE FOR ANY TAXES, FEES, DUTIES, IMPORT OREXPORT CHARGES, FINES, PENALTIES, INTEREST OFPAYMENTS OFANY KIND RELATING TOYOUR TRANSACTIONS.
NOADVICE ORINFORMATION, WHETHER ORAL ORWRITTEN, OBTAINED BYYOU FROM AIRSHIPT ORTHROUGH ORFROM THE AIRSHIPT PLATFORM, SOFTWARE ORCODE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED INTHE TOS.
Limitation ofLiability
WHERE PERMITTED, AND TOTHE MAXIMUM EXTENT ALLOWED BYLAW, YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OFYOUR ACCESS TOAND USE OFTHE AIRSHIPT PLATFORM, ORTOTHE RELATIONSHIP BETWEEN YOU AND AIRSHIPT ORBETWEEN YOU AND OTHER MEMBERS, REMAINS WITH YOU AND NEITHER AIRSHIPT NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, PARTNERS, AGENTS, AND LICENSORS WILL BERESPONSIBLE FOR LOST PROFITS, REVENUES ORDATA ORFINANCIAL LOSSES ORINDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY ORPUNITIVE DAMAGES EVEN IFWEHAVE BEEN ADVISED OFTHEIR POSSIBILITY OREVEN IFALIMITED REMEDY SET FORTH HEREIN ISFOUND TOHAVE FAILED OFITS ESSENTIAL PURPOSE AND REGARDLESS OFTHE NATURE OFTHE CAUSE OFACTION, CLAIM FOR RELIEF ORALLEGED THEORY OFRECOVERY WHETHER INCONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OROTHERWISE.
TOTHE MAXIMUM EXTENT OFTHE LAW, THE TOTAL LIABILITY OFAIRSHIPT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, PARTNERS AND AUTHORIZED AGENTS FOR CLAIMS ARISING OUT OFORRELATING TOTHESE TERMS ORTHE RELATIONSHIP BETWEEN US, INCLUDING ANY IMPLIED WARRANTIES, ISLIMITED TOTHE AMOUNT YOU PAID USFOR THE ACCESS ORUSER OFTHE AIRSHIPT PLATFORM INTHE SIX MONTHS PRIOR TOTHE EVENTS GIVING RISE TOYOUR CLAIM ORIFNOSUM WAS CHARGED, THEN THE SUM OFONE HUNDRED FIFTY DOLLARS ($150).
Exclusions
SOME JURISDICTIONS DONOT ALLOW THE EXCLUSION OFCERTAIN WARRANTIES ORTHE LIMITATION OREXCLUSION OFLIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OFTHE ABOVE LIMITATIONS CONTAINED INTHE WARRANTIES ORLIMITATIONS OFLIABILITY PARAGRAPHS IMMEDIATELY ABOVE MAY NOT APPLY TOYOU.
Copyright
Werespect and expect Providers and Parents torespect copyrightlaw. Where warranted, wewill terminate the Account ofany user who repeatedly infringes orisbelieved toberepeatedly infringing the rights ofcopyright holders. Please see our Copyright & DMCA Policy for more information.
Third Party Sites
The Airshipt Platform may contain links orconnections tothird party websites orservices that wedonot control. You accept the risk ofaccessing such sites and agree that weare not responsible for any associated risks. Weare not responsible for and assume norisk associated with any third-party sites orcontent.
General Terms
Entire Agreement.These Terms constitute the entire agreement between You and Airshipt and governs your use ofthe Airshipt Platform, superseding any prior version ofthese Terms between you and Airshipt with respect tothe Airshipt Platform.Additional Terms.You also may besubject toadditional terms and conditions that may apply when you use orpurchase certain other Airshipt rendered services.Choice ofLaw and Forum.You and Airshipt each agree that the Terms and the relationship between You and Airshipt orbetween You and any Member orthird party shall beexclusively governed bythe substantive laws ofthe State ofCalifornia without regard toits conflict oflaw provisions and that any and all claims, causes ofaction ordisputes (regardless oftheory) arising out oforrelating tothe Terms, orthe relationship between You and Airshipt, tothe extent not required tobefiled inarbitration asprovided inthese Terms, shall bebrought exclusively inthe courts located inSan Francisco County California orthe United States District Court for the Northern District ofCalifornia. You and Airshipt agree tosubmit tothe personal jurisdiction ofthe courts located within San Francisco County orthe Northern District ofCalifornia, San Francisco Division, and agree towaive any and all objections tothe exercise ofjurisdiction over the parties bysuch courts, tovenue insuch courts and waive all claims ofinconvenient forum.Waiver and Severability ofTerms.The failure ofAirshipt toexercise orenforce any right orprovision ofthe Terms shall not constitute awaiver ofsuch right orprovision.Severability.Ifany provision ofthe Terms isfound byacourt ofcompetent jurisdiction tobeinvalid, the parties nevertheless agree that the court should endeavor togive effect tothe parties' intentions asreflected inthe provision, and the other provisions ofthe Terms remain infull force and effect.No Right ofSurvivorship and Non-Transferability.You agree that Your Airshipt Account isnon-transferable and any rights toYour Airshipt Account orcontents within Your account terminate upon Your death. Upon receipt ofacopy ofadeath certificate, Your account may beterminated and all contents therein permanently deleted.Statute ofLimitations.You agree that regardless ofany statute orlaw tothe contrary, any claim orcause ofaction arising out oforrelated touse ofthe Airshipt Platform orthe Terms must befiled within one (1) year after such claim orcause ofaction arose orbeforever barred.Section Titles.The section titles inthe Terms are for convenience only and have nolegal orcontractual effect.Airshipt Assignment.Airshipt may freely assign the Terms and all ofthe policies and other documents incorporated orreferenced init(including all rights, licenses, and obligations under itorthem), inwhole orinpart and without notice.
Acknowledgement
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
By registering at Airshipt.com, the user (you) agree that you are at-least 18 years or older.
You also agree that Airshipt will not be held liable for any misconduct or tax evasion or import duties or any such legal issues arising from the transactions or deals. You also agree that you will be liable and responsible for checking appropriate custom duties, import charges, product carrying limits and all other applicable laws pertaining to the country you are traveling to/from and buying from.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Modification
Airshipt reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
Being a Traveler
Using Airshipt.com you (the traveler) agree that you will not carry illegal or contraband or any such product(s) or good(s) that may cause injury or problem or damage or harm to any person or property or the society. The traveler may be held solely responsible for all product(s) or good(s) carried by them, being responsible for checking the legality of the product(s) or good(s) in the country the traveler is carrying to. The laws and regulations of the specific country government(s) can be found in their specific website or other form of communication and the traveler may be held solely responsible for failing to check before carrying the product(s) or good(s). We highly recommend the traveler to check the laws and regulations pertaining to taxes, customs and all other necessary fields including but not limited to legal issues before carrying a product to a country for any buyer. The traveler should not carry any product(s) or good(s) that the traveler thinks is unsafe or cause injury or problem or damage or harm to any person or property or the society.
Airshipt INC. will not be responsible for any incident(s) arising from negligence of the traveler, where negligence refers to any act or precaution that traveler is expected to prepare for. Airshipt INC. will also be not responsible for any misunderstanding between traveler and buyer or traveler and a country’s government or government agency or government agencies, criminal act or terrorist act or intent(s). Airshipt INC. will also not be responsible for any problems or harm or liabilities caused by the traveler or the traveler’s product, which does not arise from the negligence of the traveler. Airshipt INC. will also not be responsible for evasion of taxes or customs duty undertaken by the traveler. Airshipt is a website that acts as a platform for buyers and travelers to meet with the intent of making a successful, legal deal.
Being a Buyer
Using Airshipt.com you (the buyer) agree that you will not order illegal or contraband or any such product(s) or good(s) that may cause injury or problem or damage or harm to any person or property or the society. The buyer may be held solely responsible for ordering all product(s) or good(s) carried by traveler and be responsible for checking the legality of the product(s) or good(s) in the country the traveler is carrying to. The laws and regulations of the specific country government(s) can be found in their specific website or other form of communication and the buyer may be held solely responsible for failing to check before ordering the product(s) or good(s). We highly recommend the buyer to check the laws and regulations pertaining to taxes, customs and all other necessary fields before ordering a product to a country carried by any traveler. The buyer should not order any product(s) or good(s) that the buyer thinks is unsafe or cause injury or problem or damage or harm to any person or property or the society. The buyer may be held solely responsible for luring or enticing or bribing the traveler with money or other forms of good(s) and service(s) for carrying illegal or contraband or any such product(s) or good(s) that may cause injury or problem or damage or harm to any person or property or the society.
Airshipt INC. will not be responsible for any incident arising from negligence of the buyer, where negligence refers to any act or precaution that buyer is expected to prepare for. Airshipt INC. will also be not responsible for any misunderstanding between buyer and traveler or buyer and a country’s government or government agency or government agencies, criminal act or terrorist act or intent. Airshipt INC. will also not be responsible for any problems or harm caused by the buyer or the buyer’s product, which does not arise from the negligence of the buyer. Airshipt INC. will also not be responsible for evasion of taxes or customs duty undertaken by the buyer. Airshipt is a website that acts as a platform for buyers and travelers to meet with the intent of making a successful, legal deal.
Referring or making a Referral*
Any user who is registered with Airshipt can refer a friend. Referral codes should only be used for personal and non-commercial purposes. This means that you can share your invite link with your personal connections via email, Twitter, Facebook, and personal blogs. You agree not to publish or distribute the link, or cause the link to be published or distributed, on or via methods, platforms and media where you have no reasonable basis for believing that all or most of the readers or recipients are your personal friends (such as coupon websites, Reddit, Wikipedia).
Sharing Referral Links*
Referrals should only be used for personal and non-commercial purposes, and only shared with personal connections that will appreciate receiving these invitations. Referral links should not be published or distributed where there is no reasonable basis for believing that all or most of the recipients are personal friends (such as coupon websites, Reddit, or Wikipedia, etc.).
Multiple Referrals*
A referred friend may only use one referral link. If a referred friend receives referral links from multiple Airshipt users, only the corresponding Airshipt user of the referral link used by the referred friend will receive Airshipt Credit.
Termination and Change(s)*
Airshipt may suspend or terminate the Referral Program or a user’s ability to participate in the Referral Program at any time for any reason. Requirements, Promotions and incentives may also change at any time. Airshipt Credits earned as a result of fraudulent activities are null and void. We reserve the right to suspend accounts or remove referrals if we notice any activity that we believe is abusive or fraudulent. We reserve the right to review and investigate all referral activities and to suspend accounts or cancel or modify referrals as we deem fair and appropriate. Non-fraudulent accrued Airshipt Credits are not affected by suspension or termination of the Referral Program or a user’s participation.
Updates to the Terms
We can update these terms at any time without prior notice. If we modify these terms, we will post the modification on the Airshipt website, applications, or services, which are effective upon posting.
Airshipt makes available a peer-to-peer platform with related technology for Buyers and Traveler to connect and arrange for Deal between them. Airshipt is not an owner or seller or retailer or broker or commissioned agent of including, but not limited to, any product and services made and marketed by third party corporations, companies, individual seller or government service provider, nor is it a local or international insurance or shipping service. Airshipt does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, shipping, insurance or transportation or travel services. Our responsibilities are limited to: facilitating the availability of the Site.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF DEALS. AIRSHIPT CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY DEAL. AIRSHIPT IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND DEALS. ACCORDINGLY, ANY DEALS WILL BE MADE AT THE MEMBER’S OWN RISK.
No Endorsement
Airshipt does not endorse any Members or any commercial authenticity of any business entity. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. We will not be responsible for any damage or harm resulting from your interactions with other Members. The feedbacks and user ratings left by members of Airshipt’s community are not governed by Airshipt or endorsed by Airshipt.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Airshipt with respect to such actions or omissions.
Resolution Center (emailing us with complaints regarding a deal at support@Airshipt.com) We encourage you to communicate directly with other Members on our site regarding any deal made by you before opening a complaint under our resolution center. If you are not satisfied you are welcomed to open or file a complaint and we will get back to you and the other party, both. We will review the messages and all other exchanges made by both parties on our site and reach a decision we consider will be fair. Fair is a relative term and Airshipt will not be responsible or held liable for the decision reached after the complaint.
Posting and Listing Fee(s)
Please note that Airshipt does not charge fee(s) for the creation of Listings or postings as of now.
User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
a. violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; b. use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content; c. use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content; d. use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms; e. copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms; f. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; g. interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; h. use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; i. use our Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence; j. "stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Airshipt Traveler and Shopper; k. register for more than one Airshipt account or register for an Airshipt account on behalf of an individual other than yourself; l. contact a Shopper for any purpose other than asking a question related to a Deal, m. contact a Traveler for any purpose other than asking a question related to a deal n. when acting as a visitor or otherwise, recruit or otherwise solicit any Member to join third party services or websites that are competitive to Airshipt, without Airshipt’s prior written approval; o. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; p. use automated scripts to collect information or otherwise interact with the Site, Application or Services; q. as a Traveler, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor; r. or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; s. systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; t. use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, Airshipt’s name, any Airshipt trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Airshipt’s express written consent; u. access, tamper with, or use non-public areas of the Site or Application, Airshipt’s computer systems, or the technical delivery systems of Airshipt’s providers; v. attempt to probe, scan, or test the vulnerability of any AIRSHIPT system or network or breach any security or authentication measures; w. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Airshipt or any of Airshipt’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content; x. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information; y. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
Airshipt has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. AIRSHIPT may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that AIRSHIPT has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Airshipt reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Airshipt, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
Member Content(s)
We may, in our sole discretion, permit Members to post, list, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Airshipt a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on or by means of the Site, Application and Services. Airshipt does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: a. you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Airshipt the rights in such Member Content, as contemplated under these Terms; and b. neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Airshipt’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Links
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Airshipt is not responsible or liable for:
a. the availability or accuracy of such websites or resources; or b. the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Airshipt of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Email Subscription and Contact Information Share Policy
We will not share any personal information that you provide us with any third party/parties. When you subscribe to our email list or register as a user, we will send you emails, notifications, advertisements and other marketing promotions that you hereby agree, by providing us with your email and contact information.
Miscellaneous
• Privacy and Sharing information
The user or customer of Airshipt.com is responsible for sharing all information regarding trip date(s) and itineraries and buying information and any and all other information such as but not limited to (date of birth, contact number, address) shared in our website with us and all other Airshipt.com users. All your information, except only Credit Card and PayPal Email and Bank Account details or numbers are shared publicly in our site which means that all the information is visible to other Airshipt user(s).
A post or update regarding the user’s trip itinerary or buying wish or information such as address, date of birth, contact number and other such fields are visible to any and every user that has registered for our service(s). An Airshipt.com user is defined by any individual(s) that has signed up or registered for our service(s). Under no circumstance, shall Airshipt.com be held liable or responsible for any form of event(s) or incident(s) or accident(s) that is caused by the information shared by the users. We do not share your bank and PayPal and credit card details with other Airshipt users.
• Relationship Customer and Airshipt are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this or any other Agreement.
Assignment
Customer may not assign any of its rights, or delegate any of its duties, under this or any other Agreement, and any attempted assignment will be null and void. • Force Majeure
Operation of our Services may be interfered with by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from causes beyond Airshipt’s control. • Confidential Information
By signing up and logging in, you (the party) represent and warrant to Airshipt that: a. you are not a competitor of Airshipt b. you shall keep publicly unannounced information and materials pertaining to Airshipt, pre-release software, testing or testing procedures strictly confidential and c. you shall not use any information gained from access to the Airshipt website or use of the Airshipt services to compete with Airshipt in its business.
What is Airshipt 100% money back guarantee?* Can I return the products?
Airshipt usually offers 100% refund in the following cases:
- You don't receive your product
- You receive the wrong product
- You receive damaged products (damaged at the time it was delivered or your pick-up)
We want to ensure you receive the best product and don’t have any complaints. If the product was damaged, opened or did not meet your expectations, please contact Airshipt support and we will try to do our best to fix the issue.
*Airshipt's decision will be considered final. Airshipt's decision will be based on each case and may or will vary for each case depending on several factors.
Disclaimers
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT AIRSHIPT DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, TRAVELER AND SHOPPER, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AIRSHIPT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. AIRSHIPT MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. AIRSHIPT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AIRSHIPT OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY TRAVELER AND SHOPPER. YOU UNDERSTAND THAT AIRSHIPT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. AIRSHIPT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, TRAVELER AND SHOPPER, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY AIRSHIPT.
AIRSHIPT EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY OR OTHER THIRD PARTY OR PARTIES.
Representation(s)
*Not yet in Service.
Airhsipt is Airshipt INC.
products, goods, services or parcels is products or goods or services or parcels or any one or all of these.
Last updated
July 2021