Last updated 30 January, 2020
As a Shopper:
- No Prohibited items: You will not publish orders for illegal products or request prohibited items under Customs law.
- Product inspection & acceptance: You agree to meet the Traveler to inspect and collect your requested item on the mutually agreed date, place and time. If You do not meet the Traveler for collecting your Order, then it shall be deemed as delivered after 5 days of agreed Delivery date and the money shall be disbursed to the Traveler.
- You will not deny/cancel acceptance of an Order once the Traveler has purchased your product, unless the purchased product is not as per Your order.
As a Traveler:
- Product costs and associated taxes: You are responsible for purchasing the requested item by the Shopper and payment of associated sales tax, customs taxes and duties.
- Communication & Order delivery: You will keep your Shopper updated on the order. You will upload the purchase receipt of the requested item/order and deliver the purchased item on the mutually agreed date, time and place.
- No Prohibited items: You will not carry any illegal products or prohibited items under the Customs law.
We operate the “AirCarry Platform’’ ( AirCarry) an online platform that helps in assisting its Users to connect with global community located at https://www.AirCarry.io
AirCarry Platform brings together likeminded individuals, friends, colleagues, Travelers and Requesters/Shoppers on one platform where the
Shoppers can procure goods available in different territories by requesting through this platform and Travelers can buy those items on Shopper/Requester’s
behalf subject to a fee. In a sense AirCarry is a platform for people to procure various goods and specialty items of different countries at ease and create a community around it. This platform can be used by Travelers who are explorers and shopping enthusiasts, who love to help Shoppers in the community by procuring the items requested by Shoppers/Requesters. By this platform a Requester who intends to shop goods available in different countries or that are not available in their local City or that are too expensive to buy locally has been given an avenue for purchasing such desired items.
We offer this through our website, located at https://www.AirCarry.io through the AirCarry Platform and our Mobile applications.
We hope you enjoy the AirCarry Platform. To help orient yourself and understand how this platform works and the rights duties and responsibilities of all concerned in this eco-system you should go through this document.
IMPORTANT NOTICE: PLEASE READ THESE TERMS CAREFULLY, THEY CONSTITUTE A CONTRACT BETWEEN THE USER AND AIRCARRY
Your rights and obligations will vary depending on the role you play in this platform. While reading this document please understand whether you are a Requester, or a Traveler, or both or if Users are just browsing Our Platform. Your rights and obligations will vary depending on the role that you play.
“User and/or Users” shall mean and include all the person(s) who accesses, uses, and/or participates in the AirCarry Platform in any way, and each of their heirs, successors and assigns.
“Carried Items” shall mean items, goods, products or services that are requested by Shoppers/Requesters to be purchased and procured and carried by Travelers.
“Online sources” means e-commerce websites like Amazon, Walmart, and other similar platforms and websites of products through which goods can be purchased.
“Requester or Shopper” shall mean those Users who publish orders on AirCarry site requesting Carried Items.
“Traveler” shall mean those Users who are willing to bring the Carried Items for Shoppers.
“Delivery Offer” shall mean offer made by the Traveler for his/her willingness to purchase and carry the Carried items.
AirCarry Platform is available only to individuals who are at least 18 years old, who can form legally binding contracts under applicable law, and who properly create a valid account as explained below (valid account holders, whether Requesters, Travelers or both, may also collectively be referred to in these Terms as “Users”)
The AirCarry Platform is not intended for Users below the age of 18, and nothing in these terms nor any feature of the AirCarry Platform is directed at children younger than 18.
By accessing or using the AirCarry Platform, User represent and warrant that they meet the eligibility to use the platform.
2. Account Registration, User Verification
To access AirCarry Platform features and services, User needs to register an account on the platform. Users are only eligible to have one (1) Account at a time and are not allowed to transfer the account at any time to another person or entity.
To access the platform, User must create an Account. Account can be created by using their email-id and unique password of their choice. User can also create an account using third party networking accounts such as Google, Facebook, Twitter or other similar social networking accounts (“Third Party Networks”). AirCarry is not obligated to do any background verification of the user or do any KYC (Know Your Customer) effort. In the website User may notice certain users as “Verified” such a notation shall mean nothing other than that the User has completed a verification or identification process using their secured email and password. Please understand that the term “Verified” shall not mean an endorsement of the User by AirCarry.
User alone is responsible for safeguarding their AirCarry Account password and other information, and Third-Party Network access, and User is solely responsible for all activity that occurs on or through their Account or connected through Third Party Network account. User will immediately inform AirCarry of any suspected unauthorized use. Some jurisdictions insist for two-factor authentication requirements for transactions involving money conducted through a website. However please note that AirCarry platform is not providing any Two-factor authentication and user may understand the risk associated with it.
AirCarry is not liable or otherwise responsible for any loss or damage that any party claims have been caused in whole or part by unauthorized use of their Account. Notwithstanding the foregoing, User may, however, be liable or responsible to AirCarry or third parties due to unauthorized use of their Account.
User acknowledges and agrees that, as permitted by applicable laws, AirCarry may in its sole discretion obtain reports from consumer reporting agencies or otherwise review publicly available information about Users, including sexual offender registration lists or databases compiling information about criminal convictions relating to, without limitation, crimes of violence, theft, burglary, conspiracy, abuse, neglect, fraud, dishonesty, perjury, forgery, embezzlement, cybercrimes, identity theft, drug related offense, obstruction, organized crime, prostitution, warrant violations, weapons offenses and crimes which endanger the life or property of others.
AirCarry reserves all rights, in its sole discretion to suspend, disable access to or otherwise to restrict access to AirCarry platform if AirCarry finds any of the following:
- violation of these Terms and its policies and procedures
- conduct of activities that are harmful to the AirCarry Platform, to AirCarry or to any other User or third party or which or
- When found objectionable
- If there is any legitimate reason for such removal.
AirCarry and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in its sole discretion.
User may also cancel his/her Account at any time by visiting www.AirCarry.io. User hereby agrees to be personally liable for any and all charges incurred by her/his username and password until such Account is terminated as provided herein. Users hereby acknowledge and agree that if they cancel the Account or Subscriptions, the access associated with that membership will be removed.
3. SMS or Text Messaging
By creating an Account, User agrees to receive from AirCarry text (SMS) messages as part of the normal business operation to provide information User requested from AirCarry or its Users, to let them know about features, functions, improvements or changes to the Platform, to facilitate identification of desired User or Users who may be willing to discuss Carried Items, or other aspects of User Account.
These text (SMS) messages may be automated or non-automated, and while AirCarry does not charge Users to send or receive such messages, message and data rates may still apply by their carrier or other provider. User may request to opt-out of receiving text
(SMS) messages from AirCarry at any time by contacting the Support team .
User acknowledges that opting out of receiving text (SMS) messages may impact their ability to fully use the AirCarry Platform.
4. Transactions Between Requesters and Travelers
As set forth more fully below, in a Requester-Traveler Transaction, firstly, the Requester publishes a “Request Order” providing details about Carried items. Then the Traveler who is willing to take up this Request Order shall make a “Travel offer” to bring Carried Items to the Requester. When agreed upon and once the Requester accepts the Travel offer it becomes a binding agreement between the Requester and the Traveler.
- 4.1. The Request Order
The Requester should browse Online sources and identify the goods to be procured. Thereafter, Requester must create a valid Request Order and publish the same on AirCarry by using their Account. The Request Order should contain the following:
(i) describe the item specifically including the price;
(ii) add the location (City and Country) where the Requester is or where they want the Carried Items to be brought,
AirCarry advises Requesters to be as specific as possible in providing these details.
To assist this process AirCarry provide a place to provide “Other Details” of Request to help ensure that a Traveler obtains and brings only the Carried Item(s). Requesters shall not request Prohibited Items as provided in Schedule A of this Terms.
- 4.2. AirCarry Suggested Traveler Fees
When the Requester creates a Request, the AirCarry Platform may auto-calculate a suggested Traveler’s Delivery Fee that is preferably to be charged by the Traveler. This is merely for illustrative purposes in planning the Requester’s transaction. However, Traveler shall have the freedom to charge different Traveler delivery fee. As explained below in the section “Order Total or Total Fees,” the actual Traveler Fee (Delivery Offer) on any given transaction is set entirely by the Traveler and may be more than, or less than the suggested Traveler Delivery Fee.
- 4.3. The Order Total or Total Fees
- Upon finding a suitable Request Order, Traveler must submit a “Delivery Offer”. The following points laid down below shall make up the “Total Fees” and shall contain the Traveler’s Delivery Offer. When Accepted, the Order Total establishes the final and total amounts to which the Requester agrees to pay. Order Total comprises of all the following items in addition to the product price.
- Product Price: This is the price of the requested item published by the Requester.
- Delivery Fee:
- 2.1 Delivery Offer
i. Carried Item Cost Difference: Although a Requester may specify a product price in the Request Order, the price can vary by the time Traveler makes Delivery Offer. Thus, Carried Item Cost Difference shall be the additional amount specified by the Traveler in the Delivery Offer to cover such additional product price
ii. Traveler’s Fee: The Traveler’s Fee is the Delivery Offer made by the Traveler which is the amount posted by the Traveler for delivering the Carried item
iii. Acceleration Fee: The Expedited Fee, if any, may be added to Carried Items with the consent of both Requester and Traveler to accelerate the time in which Travelers may obtain and bring Carried Items.
iv. iv. All government fees, tariffs and duties are the responsibility of the Traveler and Traveler is required to make sure that Traveler’s Delivery offer comprises of all such additional fees, tariffs and duties and the Requester is made aware of such fees prior to accepting the offer.
- 2.2 Service Fee: This is a service fee charged by and retained by AirCarry for the use of its AirCarry Platform by Requesters and Travelers. Note that Service Fees are non-refundable.
- Applicable Sales Taxes: AirCarry may auto-calculate an estimate of sales/ service taxes associated with the Request Order.
- 4.4. Requester’s Acceptance
When the Requester and Traveler have agreed to all aspects, including applicable timing and Order Total, the Requester must agree to the Traveler Delivery Offer and Fee called the “Requester’s Acceptance.”
The Requester’s Acceptance is an agreement on all terms between a Requester and Traveler, under which they agree to be bound to each other to in the manner agreed. The Requester Acceptance is complete once the Requester pays the Order Total amount through the payment gateway provided by AirCarry.
AirCarry holds this amount till the Transaction is complete as a collection agent more fully defined in clause 5. AirCarry shall pay the Traveler fee once the Transaction is complete.
- 4.5. AirCarry Assistance
To assist Users to locate and communicate with each other, including potentially dates upon which Users can meet in person, the AirCarry Platform allows Travelers to enter the details of upcoming travel dates, and to browse published Requests made by their AirCarry Requesters. Travelers can indicate their preference to be notified of upcoming Requests that may correspond to their planned trips, or trips that they may be willing to take.
- 4.6. AirCarry Messenger
Once the Delivery Offer is made by the Traveler, AirCarry Platform avails the user a messenger or chat service exclusively to communicate and coordinate amongst them. Users may share personal details including but not limited to phone number, photos, location, address etc. with each other for easy completion of the transaction. However, AirCarry takes no responsibility for any repercussions arising out of communication in the Messenger.
- 4.7. Ownership & Insurance
AirCarry recommends that Requesters and Travelers procure their own insurance to cover the cost and expenses relating to a Request. AirCarry may, but is not obligated, to recommend or to offer links where Requesters and/or Traveler’s may procure insurance relating to their Request. Users acknowledge and agree that except where prohibited by applicable law or otherwise agreed to by Users, it is the Travelers, and not Requesters, who own Carried Items and must maintain for presentment all original receipts evidencing the source of purchase, and purchase bills. Users also acknowledge and agree that to the maximum extent allowed by law, the risk of loss remains with the Traveler unless and until the Traveler has completed the delivery of the Carried items to the Requester, and other terms of this agreement.
- 4.8. Obligations and Rights of Requester
i. AirCarry platform is for personal purchases for personal or family consumption and should not be used for doing parallel imports or indulging in distribution business.
ii. For easy delivery of Carried items the Requester is obligated to provide necessary details to the Traveler using Messenger Services provided on AirCarry Platform
iii. The Requester cannot request for multiple items in one single order. However, he/she can request as many quantities of the same item in one single order.
iv. The Requester while accepting the Carried Items, is expected to verify and check the Invoice prior to Delivery of the Carried item.
v. The Requester is bound to inspect the Carried Item before delivery.
vi. Once the Requester accepts the Travel offer, it becomes irrevocably binding and the Requester is not entitled to cancel or modify the Request order.
vii. The Requester has the right to contact the AirCarry support team if the Traveler fails to respond within 48 hours of the intended date of delivery.
viii. The Requester has right to reject the Carried Item if the Traveler has brought incorrect goods.
ix. Requesters are required to confirm inspection and acceptance of Carried items in the AirCarry messenger on the Platform.
- 4.9. Obligations and Rights of Traveler
i. Traveler shall notify the Requester immediately once he cancels the order due to change in Travel plans or due to any medical conditions or other emergencies whereby, he/ she is unable to deliver the goods on the schedule date.
ii. The Traveler is bound to purchase the Carried Item as per the Request Order and shall make the payment of associated sales tax and custom taxes and charges
iii. Traveler is bound to specify the Traveler Fees (Delivery Offer) he intends to charge and accurately provide the cost of the Carried items.
iv. Always Communicate on Messenger Services provided on AirCarry Platform. Traveler is bound to respond to Requester/Shopper’s messages within 48 hours of receiving the messages.
v. Once the Delivery Offer is accepted by the Requester then the Traveler is expected to get a clarification about the Carried Items through Messenger.
vi. The Traveler shall accommodate the Requester to verify and check the carried items for any damages or discrepancies for accepting the Delivery.
vii. Travelers prior to delivery of carried items shall mandatorily upload the original invoice of the carried items through the AirCarry site.
viii. Travelers shall bear the responsibility to identify an acceptable safe and public place to meet with their Requesters for the purpose of inspection and Delivery of goods. Travelers shall establish the meeting time 24 hours prior to the Delivery Date.
- 4.10. Delivery of Carried Items by the Traveler
Traveler shall deliver the Carried Item on a specific time and place where it is agreed by the both the Users. The time for delivery can be extended only by confirmation using the AirCarry Platform, or by AirCarry.
Once the Carried Item is delivered to the Requester, it is the Requester’s obligation to inspect and accept the Carried Items at the time of delivery, and the agreement between the parties is deemed completed on Delivery, regardless of whether the Requester inspects Carried items.
If the goods are not made available for delivery within five (5) days of the delivery date by the Traveler and no new delivery date has been confirmed by the Traveler then the Requester can contact AirCarry support team.
If the Requester has not inspected and accepted the Carried Items within five (5) days of the delivery date, the entire amount paid by the Requester will be appropriated and Traveler will be paid the cost of Carried item and Delivery offer.
The only permissible method to extend the delivery, inspection and acceptance periods agreed to by the Requester and Traveler is written confirmation between the parties on the AirCarry Platform or through notification by AirCarry.
- 4.11. Rejection and Refunds
Requester may refuse to accept the Carried items ONLY if the Traveler has brought incorrect goods (for example, specifications which differ from the agreement between the parties, in terms of brand, color, style, size, etc.) or if the Carried Item is damaged. All rejection should be subject to the approval of AirCarry.
An accepted Request Order is irrevocable, and Requesters are not allowed to change their mind. The price agreed for the Carried item by the Requester shall be final and Requester cannot renegotiate the price of the items even if they found same item at a cheaper price elsewhere or for any other reasons.
Requesters agree that AirCarry, in its sole discretion, may determine whether the reason for rejection is acceptable under applicable policies. If AirCarry determines the rejection is impermissible or unauthorized, Requester has no option other than to accept the items and AirCarry is free to appropriate the payment made by the Requester to respective parties
In instances where the Requester fails to appear for inspection or fails to appear to collect the goods within five (5) days of the delivery date, AirCarry will appropriate the payment received from the Requester and disburse to the respective parties. Traveler shall be free to dispose the goods after 30 days from the Delivery date.
AirCarry shall refund the Requester if the rejection of the Requester is found to be valid and the money will be credited back to the Requester in seven (7) days from acceptance of such rejection.
5. Payment Terms and Appointment of AirCarry as Limited Payment Collection Agent
- 5.1. Payment Processing Services
Payment processing services, which are a key feature of the AirCarry Platform, are currently provided by Square, Inc. (Square) and PayPal Holdings, Inc. (PayPal), and where applicable, may include money transmission services pursuant to licenses or other regulatory approvals held by Square and PayPal. Payment processing services provided by Square and PayPal are subject to the respective Services Agreement.
By agreeing to these Terms or by accessing, searching or using the AirCarry Platform, User agrees to be bound by the Services Agreement of Square and PayPal, as they may be amended or modified from time-to-time by Square and PayPal.
AirCarry’s provision of any payment processing services through Square and PayPal is subject, and conditioned upon, Users agreement to provide AirCarry up-to-date, accurate, and complete information relating to User payment instrument(s) and expressly authorize AirCarry to share this information and transaction-related information relating to Users use of payment related services with Square and PayPal. AirCarry’s provision of any payment processing services through Square and PayPal is subject, and conditioned upon, Users agreement to provide AirCarry up-to-date, accurate, and complete information relating to User payment instrument (s) and expressly authorize AirCarry to share this information and transaction-related information relating to Users use of payment related services with Square and PayPal. AirCarry reserves the right to provide payment processing services through other third-party vendors, and if it chooses to do so, will provide notice to the User via AirCarry Messaging or through another method.
AirCarry is not responsible for usage of payment information as it is governed by third party agreements and Users are requested to go through such third-party agreements.
- 5.2. Appointment of AirCarry as Limited Payment Collection Agent
By agreeing to these Terms, and in accessing or using the AirCarry Platform, Travelers appoint AirCarry as their respective limited payment collection agent, authorized to receive and collect payments for transactions entered into between Users (“Order Total or Total Fees as mentioned in clause 4.3”) owed by Requesters to Travelers as set forth in these Terms.
Payments made by Requesters to AirCarry in connection with an Offer shall be considered the same as a payment made directly to Travelers, and Travelers agree to provide the Carried Items to Requesters in the agreed-upon manner as if the Traveler has received payment directly from Requesters.
User further agrees that AirCarry’s obligation to remit payments to Travelers is conditioned upon and extends only to sums that it has successfully received from Requesters in accordance with agreed terms also in accepting appointment as the limited payment collection agent.
AirCarry assumes no liability for any acts or omissions of Requesters or Travelers, Users or any other person. As limited payment collection agent, AirCarry assumes no liability or obligation for any funds or obligations owed by Requesters that were not collected by AirCarry in its role under this Section.
Upon Requesters' remittance to AirCarry, Requesters' payment obligation to the Traveler for agreed upon amounts is extinguished, and AirCarry is responsible for remitting funds collected to Travelers in the agreed upon manner. In the event that AirCarry does not remit such amounts, Travelers' recourse is only against AirCarry, and not Requesters directly
If any User does not make a payment properly, or if AirCarry cannot properly charge a payment method on file with it, or any other payment method for any reason, AirCarry expressly reserves all rights under applicable law to recover payment as well as all of its costs and expenses incurred, including reasonable attorneys' or other professionals' fees, in pursuing such payment(s).
6. Import Restrictions and Charges
It is the sole responsibility of the Travelers to be familiar with, to specify, and to include in the Traveler’s Delivery Offer, any and all applicable customs duties, tariffs, and charges applicable to Carried Items. It is the responsibility of the Traveler to comply with all the customs and import related law and regulations. It is the User’s responsibility to be familiar with, to abide by and to comply with all relevant federal, state, local, and international laws, rules and regulations that may apply to any carried items or to any relationship between Users.
Although not exhaustive, AirCarry may provide links to certain government and third-party sites where Users can find out more information about their travel destinations and rules and regulations applicable to their 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 InternationalAir Transport Association
U.S. Customs and Border Protection Form 6059B
7. Users Representation & Warranties
By creating an Account on AIRCARRY, the User warrants and agrees that:
i. User provides accurate, current and complete information during the Account registration process and at all times throughout when User uses the AirCarry Platform. User should continually update information sufficient to keep it accurate, current and complete.
ii. User alone is responsible for safeguarding their AirCarry Account password and other passwords used for using AirCarry. User is solely responsible for all activity that occurs on or through their Account. User will immediately inform AirCarry of any suspected unauthorized use of their account. User will be responsible and liable to AirCarry or third parties due to unauthorized use of their Account. AirCarry is not liable or otherwise responsible for any loss or damage to User or any third party, or for any claims of unauthorized use of their Account.
iii. By accessing the AirCarry platform, and becoming a registered user, the User receives only the ability to use the AirCarry platform to access people who may be interested in being a Requester and/or Traveler, including, but not limited to, the ability to message other users about carried items
iv. By registering on AirCarry platform, the User agrees to provide AirCarry the right to use Users name and/or business name as a reference for marketing or promotional purposes on AirCarry website and in other communication with existing or potential AirCarry customers.
v. User is solely responsible for the contractual arrangements between them and other Users and AirCarry is not contractually bound in any manner to agreements between the Users.
vi. User further represent and warrant that (i) neither he/she nor the Carried Items are from a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country; and (ii) that User is not listed on any United States Government list of prohibited or restricted parties.
8. Payment Gateway usage
User shall use AirCarry’s payment related services only in accordance to the laws of Delaware, USA and in accordance to the laws of the jurisdiction where User resides or the law applicable to them or this transaction. Specifically, but not by way of limitation, AirCarry’s payment related services may not be used to send or receive funds or currency into (i) any United States embargoed countries; (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s list of Denied Persons List or Entry List.
9. Prohibited Conduct
Any User of the AirCarry Platform, both Users with and without a login account, are prohibited from the following:
i. Use another person’s Account, to misrepresent their identity;
ii. Violate any federal, state, local, national or international law, or any rule, regulation, tariff or duty, including customs laws or regulations that may apply to them or to their relationship with regard to any Carried Items.
iii. Use any automated system including but not limited to robots, spiders, offline readers, crawlers, scrapers to access, copy, maintain or compile the AirCarry Platform or content thereon for any purpose without AirCarry’s prior written approval;
iv. In manual or automated way copy, appropriate, use or disclose any copyrighted text or otherwise misuse or misappropriate AirCarry Platform information or content. Violate the intellectual property, rights of publicity, privacy rights of third parties.
v. Transmit more request messages through the AirCarry Platform in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
vi. Take any action that (a) may unreasonably encumber the AirCarry Platform’s infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the AirCarry Platform; (d) circumvents, disables or otherwise interferes with security features of the AirCarry Platform; (e) distributes viruses or any other technologies that may harm AirCarry or users; (f) uses the AirCarry Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates and fees, fee structure or billing claimed or owed as a result of interaction, relationships or transactions that may be facilitated on the AirCarry Platform;
vii. Use the AirCarry Platform in any manner that circumvents user obligation to pay AirCarry or another User or to bring Carried Items as agreed;
viii. Stalk, or harass or intimidate any other User or users of the AirCarry Platform; or collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the AirCarry Platform, or use the communication systems provided by the AirCarry Platform for any reason not explicitly authorized by these Terms, including but not limited to commercial solicitation purposes;
ix. Recruit, solicit, or contact in any form other Users for employment or any other use not specifically intended by the AirCarry Platform;
x. Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful content to or through the AirCarry Platform, including without limitation content that is hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
xi. Violate any AirCarry policies that govern or relate to Users use of the AirCarry Platform and interactions with third parties;
xii. Take any action that may undermine the efficacy or accuracy of reviews or ratings systems maintained by AirCarry and which relate to Users;
xiii. To fail to perform as agreed upon by Users;
xiv. Engage in fraudulent conduct including but not limited to entering into a contract with another User to obtain and/or bring Carried Items with no intention of following through, offering to make prohibited money transfers or to arrange to obtain and/or bring Carried Items that are prohibited by applicable law at places of disembarkation, transit or embarkation or entering into any relationship fraudulently or for fraudulent purpose or to conclude Users arrangement off the AirCarry Platform or to circumvent or evade the AirCarry Platform or to evade any other requirement of these Terms;
xv. Registering for more than one (1) AirCarry Account or registering for an AirCarry Account on behalf of an individual other than themselves or transferring or purporting to transfer their AirCarry Account to any other person.
xvi. Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the AirCarry Platform; and
xvii. Attempt to indirectly undertake or achieve any of the foregoing.
10. Warranty Disclaimers
AIRCARRY HOPES USER ENJOYS USING THE AIRCARRY PLATFORM AND FINDS
IT USEFUL. THERE ARE CERTAIN THINGS THAT AIRCARRY DO NOT AND
USER ACKNOWLEGES AND UNDERSTAND THAT AIRCARRY PLATFORM IS
DESIGNED ONLY FOR DEALING WITH ONLINE PRODUCTS AVAILABLE ON
ONLINE SOURCES. AIRCARRY DOESNOT TAKE ANY RESPONSIBILITY OR
FACILITATE PURCHASE OR CARRY OF OFFLINE PRODUCTS.
USAGE OF THE AIRCARRY PLATFORM SHALL BE AT USERS SOLE RISK. AND
USER ACKNOWLEDGE AND AGREE THAT AIRCARRY DOES NOT HAVE
AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON TO
- (A) MONITOR OR REVIEW OR EDIT USER CONTENT; OR
- (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY
VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND)
OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER OR OTHER
PERSON BOUND BY THESE TERMS
THE AIRCARRY PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, AIRCARRY AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, PARTNERS,
EMPLOYEES, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
AIRCARRY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT
THE AIRCARRY PLATFORM WILL AT ALL TIMES BE IN COMPLIANCE WITH ALL
RULES OR THAT USERS USE OF THE AIRCARRY PLATFORM WILL BE.
AIRCARRY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES THAT THE
AIRCARRY PLATFORM IS IN COMPLIANCE WITH APPLICABLE RULES OR THAT
USERS USE OF THE AIRCARRY PLATFORM WILL BE IN COMPLIANCE WITH
AIRCARRY DOES NOT GUARANTEE DELIVERY OF CARRIED ITEMS ON THE
DELIVERY DATE STATED BY THE TRAVELER ON HER/HIS DELIVERY OFFER.
HOWEVER, TRAVELERS ARE ADVISED TO BE PUNCTUAL WITH THEIR
DELIVERY DATE AND COMMUNICATE TO THEIR SHOPPERS/REQUESTERS
ABOUT ANY DELAYS IN THEIR DELIVERY OF CARRIED GOODS TO SHOPPER.
AIRCARRY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
INVESTORS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSORS MAKE
NO WARRANTY THAT (I) THE AIRCARRY PLATFORM WILL MEET USERS
REQUIREMENTS; (II) THE AIRCARRY PLATFORM WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE AIRCARRY PLATFORM WILL BE ACCURATE
OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER
FACILITATED THROUGH THE AIRCARRY PLATFORM WILL MEET THE
EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE, APPLICATIONS
OR CODE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE AIRCARRY PLATFORM IS ACCESSED AT USERS OWN DISCRETION AND
RISK, AND USERWILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY
AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE
TO USERS COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY
DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
USER IS SOLELY RESPONSIBLE FOR ALL COMMUNICATIONS AND
INTERACTIONS WITH OTHER USERS OR USERS OF THE AIRCARRY PLATFORM
AND WITH THIRD PARTIES WITH WHOM USER MAY INTERACT WITH
OR COMMUNICATE AS A RESULT OF USE OR ACCESS OF THE AIRCARRY
PLATFORM. USER UNDERSTANDS THAT AIRCARRY DOES NOT UNDERTAKE
TO VERIFY THE ACCURACY OF OR STATEMENTS OF USERS OR THIRD-PARTY
USERS OF THE AIRCARRY PLATFORM OR TO VERIFY ANY ITEMS THAT MAY
BE THE SUBJECT OF A RELATIONSHIP FACILITATED BY THE AIRCARRY
PLATFORM. PROVIDED HOWEVER THAT AIRCARRY RESERVE THE RIGHT, BUT
HAVE NO OBLIGATION, TO INTERCEDE IN ANY DISPUTES BETWEEN THE
USER FURTHER ACKNOWLEDGES AND AGREE THAT AIRCARRY MAY
RESTRICT THE AVAILABILITY OF PAYMENT SERVICES, OR ANY ASPECT
OR FEATURE OF PAYMENT SERVICES, TO PERFORM MAINTENANCE
OF SYSTEMS TO HELP ENSURE THE PROPER FUNCTIONING OF THE SYSTEM
OR TO IMPROVE, ENHANCE, MODIFY, SUSPEND OR TERMINATE ANY PAYMENT
SERVICE, OR TO INTRODUCE NEW OR ADDITIONAL SERVICES AT ANY TIME,
INCLUDING THROUGH ADDITIONAL THIRD PARTIES. THE PAYMENT-RELATED
SERVICES MAY CONTAIN LINKS TO CERTAIN THIRD-PARTY WEBSITES,
APPLICATIONS, SERVICES OR RESOURCES (“THIRD PARTY SERVICES”).
USER FURTHER ACKNOWLEDGES AND AGREES THAT HE/SHE IS NOT ACTING
UPON THE ADVICE OR DIRECTION OF AIRCARRY OR ANY OF ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, PARTNERS,
EMPLOYEES, AGENTS, AND LICENSORS, NONE OF WHOM ADVISE OR DIRECT
USERS COMMUNICATIONS OR THEIR TRANSACTIONS WITH USERS OR THIRD
PARTIES, INCLUDING BUT NOT LIMITED TO LEGALITY OF THEIR
TRANSACTIONS COMMUNICATIONS, TAXES, DUTIES, FEES OR OTHER
CHARGES, OR GOVERNMENT OR CUSTOMS OFFICIALS OF ANY COUNTRY
RELEVANT TO ANY TRANSACTION ATTEMPTED, CONTEMPLATED
OR COMPLETED BY USER OR BETWEEN USERS FACILITATED BY THE
USER FURTHER ACKNOWLEDGES THAT HE/SHE SHALL USE THE PLATFORM
WITH THE GENUINE INTEREST OF HELPING EACH OTHER AND NOT FOR ANY
USER ALONE IS RESPONSIBLE FOR ANY STATEMENT MADE TO ANY
GOVERNMENT OFFICIAL REGARDING ANY TRANSACTION ATTEMPTED,
CONTEMPLATED OR COMPLETED BY USER OR BETWEEN USERS THAT
IS FACILITATED BY THE AIRCARRY PLATFORM. USER FURTHER
ACKNOWLEDGE AND AGREE THAT THEIR TRANSACTION IS IN FULL
COMPLIANCE WITH LOCAL LAWS THAT MAY APPLY TO SUCH TRANSACTION
AND REMAIN AT ALL TIMES SOLELY RESPONSIBLE FOR ANY TAXES, FEES,
DUTIES, IMPORT OR EXPORT CHARGES, FINES, PENALTIES, INTEREST
OF PAYMENTS OF ANY KIND RELATING TO THEIR TRANSACTIONS.
USER ALSO ACKNOWLEDGES AND AGREES THAT AT ALL TIMES, IT IS USERS
RESPONSIBILITY AND NOT AIRCARRY RESPONSIBILITY, WHICH
IS DISCLAIMED TO THE MAXIMUM EXTENT OF THE LAW, TO BE FAMILIAR
WITH, TO ABIDE BY AND TO COMPLY WITH ALL RELEVANT FEDERAL, STATE,
LOCAL, AND INTERNATIONAL LAWS, RULES AND REGULATIONS THAT MAY
APPLY TO THEIR RELATIONSHIP WITH ANY OTHER USERS/INFLUENCERS.
USER UNDERSTANDS THAT AIRCARRY MAY PROVIDE INFORMATION THAT
MAY BE HELPFUL IN ASSISTING USER TO EVALUATE ANOTHER USER, AND
THEIR STATUS IN THE AIRCARRY COMMUNITY, AIRCARRY DOES NOT
ENDORSE ANY PARTICULAR USER OR ANY CARRIED ITEM. ANY REFERENCE
TO A USER BEING “VERIFIED” (OR SIMILAR LANGUAGE) ONLY INDICATES
THAT THE USER HAS COMPLETED A VERIFICATION OR IDENTIFICATION
PROCESS ON THE PLATFORM AND NOTHING ELSE.
USER EXPRESSLY AGREE AND CONSENTS AIRCARRY TO DISPLAY CONTENT
FROM THE AIRCARRY PLATFORM ON OTHER WEBSITES, APPLICATIONS,
OTHER COMMUNICATIONS (INCLUDING EMAIL OR SMS OR OTHER TEXT
MESSAGE SERVICES), AND IN ONLINE AND OFFLINE ADVERTISEMENTS FOR
PROMOTION OF THE AIRCARRY PLATFORM AND TO INCREASE TO POTENTIAL
USERS OR THEIR DESIRED CARRIED ITEMS.
EXCEPT WHERE AIRCARRY OTHERWISE SPECIFICALLY AGREE IN WRITING,
AIRCARRY DOES NOT OWN, CREATE, SELL, OFFER, RESELL, PROVIDE,
CONTROL, MANAGE, BUY, OFFER TO BUY, BRING, OR OFFER TO BRING
OR SUPPLY ANY CARRIED ITEMS OR ANY OTHER TANGIBLE OR INTANGIBLE
THING THAT USER MAY DISCUSS WITH ANOTHER USER. WHEN REQUESTERS
AND TRAVELERS MAKE OR ACCEPT AN OFFER TO TRANSACT, THEY ARE
ENTERING INTO A CONTRACT WITH EACH OTHER, AND EVEN THOUGH
AIRCARRY MAY ACT AS A LIMITED PAYMENT COLLECTION AGENT
AS DEFINED HEREIN, IT IS NOT A PARTY TO ANY AGREEMENT DISCUSSED
OR ENTERED INTO BETWEEN USERS.
AIRCARRY TO ASSIST USERS WHO SPEAK OTHER LANGUAGES, CONTENT
FROM THE AIRCARRY PLATFORM MAY BE TRANSLATED, IN WHOLE
OR IN PART, INTO OTHER LANGUAGES AND WHERE DONE SO, AIRCARRY
DOES NOT GUARANTEE THE ACCURACY OR QUALITY OF SUCH
TRANSLATIONS AND USERS ARE RESPONSIBLE FOR REVIEWING AND
VERIFYING THE ACCURACY OF THEM
11. Limitation of Liability
WHERE PERMITTED, AND TO THE MAXIMUM EXTENT ALLOWED BY LAW,
USER ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT
OF THEIR ACCESS TO AND USE OF THE AIRCARRY PLATFORM, OR TO THE
RELATIONSHIP BETWEEN USERS, REMAINS WITH THE USERS AND NEITHER
AIRCARRY NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
INVESTORS, EMPLOYEES, PARTNERS, AGENTS, AND LICENSORS WILL
BE RESPONSIBLE FOR LOST PROFITS, REVENUES OR DATA OR FINANCIAL
LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES EVEN IF AIRCARRY HAVE BEEN ADVISED OF THEIR POSSIBILITY
OR EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF THE NATURE
OF THE CAUSE OF ACTION, CLAIM FOR RELIEF OR ALLEGED THEORY
OF RECOVERY WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY OR OTHERWISE.
TO THE MAXIMUM EXTENT OF THE LAW, THE TOTAL LIABILITY
OF AIRCARRY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
INVESTORS, EMPLOYEES, PARTNERS AND AUTHORIZED AGENTS FOR CLAIMS
ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP
BETWEEN US, INCLUDING ANY IMPLIED WARRANTIES, IS LIMITED TO THE
AMOUNT USER HAS PAID AIRCARRY FOR THE ACCESS OR USE OF THE
AIRCARRY PLATFORM (e.g. the Service Fee) IN THE SIX MONTHS PRIOR TO THE
EVENTS GIVING RISE TO USERSCLAIM OR IF NO SUM WAS CHARGED, THEN
THE SUM OF ONE HUNDRED DOLLARS ($100).
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY USER FROM AIRCARRY OR THROUGH OR FROM THE AIRCARRY
PLATFORM, SOFTWARE OR CODE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS
12. User or Third Party Generated Content
AirCarry may, in its sole discretion, permit User to post, upload, publish, submit or transmit content created by the User or third parties (“User Content”), which may include but is not limited to profile information, information about Carried Items and communications between the Users.
User grants to AirCarry an irrevocable worldwide, perpetual, non-exclusive, transferable, royalty-free and fully paid up license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, perform, transfer, display, publicly perform, stream broadcast, access, view (by means now known or to be developed in the future) the User Content and for any other purpose.
The license granted by User to AirCarry will survive even after termination of the Account. AirCarry does not claim any ownership interest or rights in User Content. AirCarry will not use private messaging between the Users in advertising.
User agree that AirCarry has no role in the creation, either in whole or in part, of User Content you provide to AirCarry or to the AirCarry Platform and that User alone is solely responsible for all User Content that User makes available, including without limitation Requests, Offers and Acceptances, and the information that may be contained therein.
User thus represent, warrant and agree that:
i. User either own or have all necessary rights, licenses, consent and releases necessary to grant AirCarry the rights in User Content under these Terms;
ii. neither the User Content nor them posting, uploading, publication, submission or transmittal of User Content or AirCarry’s use of User Content (in whole or part infringes, misappropriates or violates any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property or proprietary rights or result in violation of any applicable law, rules, regulation or court order.
User acknowledges and agrees that AirCarry may exercise any traditional editorial function as to User Content including but not limited to proofreading, editing, summarizing, digesting or other editing without becoming the author of such content, and that it remains users sole responsibility to monitor their User Content and to guarantee that any such edited User Content is accurate and consistent with User representations, warranties and agreements in these Terms.
AirCarry reserves all rights, in its sole discretion to remove, suspend, disable access to or otherwise to restrict access to the AirCarry Platform or to User Content that AirCarry considers to be a violation of these Terms, AirCarry policies and procedures, harmful to AirCarry or to any other User or third party or which otherwise objectionable or for any reason.
13. Intellectual Property & Featured Links & Content
All material content included in or made available through the Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, HTML code, Java applets, Active X controls and other code, is the property of AirCarry and protected by United States and international copyright laws.
The compilation of all content included in or made available through the Service, including profiles, listings or descriptions of musicians, artists, and other clients or users using the Service, is the exclusive property of AirCarry and protected by U.S. and international copyright laws.
AirCarry retains ownership of all subsequent copies of contents in the Platform. All other content not owned by AirCarry that appears on the AirCarry Platform appears with the permission of its respective owners and is the property of such respective owners, who may or may not be affiliated with, connected to by AirCarry. In addition, graphics, logos, slogans, page headers, button icons, scripts, and service names included in or made available through AirCarry Platform are trademarks or trade dress of AirCarry in India, the U.S., and other countries.
AirCarry’s trademarks and trade dress may not be used in connection with any product or service that is not property of AirCarry, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AirCarry. All other trademarks not owned by AirCarry that appear on the Service appear with the permission of their respective owners and are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AirCarry.
“Third Party Technology” means technology that is licensed to AirCarry by third parties, including technology that is subject to “open source” licenses, which means any technology licenses approved as open source licenses by the Open Source Initiative or any substantially similar licenses, including any license that, as a condition of distribution of the technology licensed under such license, requires that the distributor make the technology available in source code format, and including the General Public License.
All Third-Party Technology is subject to the terms and conditions of the Third Party that has licensed it. As such the functions, usefulness, any elements, and even access to Third Party Technology may change from time to time as determined by the Third-Party licensor.
ALL LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTY REGARDING THE AIRCARRY PLATFORM APPLY EQUALLY TO THIRD PARTY TECHNOLOGY. AIRCARRY OFFERS ALL THIRD-PARTY TECHNOLOGY AS IS AND WITHOUT WARRANTY OF ANY KIND.
User agrees to recognize AirCarry rights and the rights of third parties in their respective marks and that the User may not copy, use or exploit them except as permitted in writing. AirCarry retains ownership of all its intellectual property rights and the User has no rights to AirCarry’s intellectual property.
User shall not use, copy, adapt, modify, prepare derivative works based upon, distribute, sell, perform or display content, except as expressly permitted in the Terms. No other licenses or rights are granted to User by implication or otherwise under any intellectual property rights owned or controlled by AirCarry or its licensors.
The AirCarry Platform may contain hyperlinks to websites and content offered by parties other than AirCarry or a User. Such hyperlinks are provided for User reference and convenience only. AirCarry does not control such other websites and is not responsible for their content; nor does AirCarry’ inclusion of hyperlinks to such websites or content imply any endorsement of the material on such websites or any association with their operators.
AirCarry neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on The AirCarry Platform by anyone other than authorized AirCarry employee spokespersons while acting in their official capacities. Under no circumstances will AirCarry be liable for any loss or damage caused by a User’s reliance on information obtained through opinion or advice contained in the AirCarry Platform. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the AirCarry Platform. AirCarry may receive compensation from third parties for the placement of advertisements on the AirCarry Platform.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS CONTAINED IN THE WARRANTIES OR LIMITATIONS OF LIABILITY PARAGRAPHS IMMEDIATELY ABOVE MAY NOT APPLY TO USER.
AirCarry only make available the information on various Users on an ‘as is’ basis, as posted by the User. Nothing contained herein shall be deemed to construe as the advice, views, opinions or beliefs of AirCarry, AirCarry and makes no claim of accuracy of any User posted information.
User agrees to release, defend, indemnify, and hold AirCarry and its affiliates and subsidiaries, and their respective officers, directors, investors, employees and agents, harmless from and against any claims, liabilities, damages, losses, injuries, and expenses, including without limitation reasonable legal and professional fees, arising out of or in any way connected with (a) Users access to or use of the AirCarry Platform or violation of these Terms; (b) User Content; User interaction with any other User, Requester, Traveler or Third Party or other user of the AirCarry Platform or (c) any Request, Offer, Acceptance or any other transaction (including but not limited to any injuries, losses, damages (direct, indirect, consequential or otherwise) of any kind between Users.
16. Dispute Resolution
AirCarry desires that User should have an excellent experience on the AirCarry Platform. Despite so, it is likely that User and AirCarry may have Disagreements. By agreeing to these Terms, User agrees to resolve any and all disputes with AirCarry as follows:
AirCarry Dispute Resolution: Most disputes can be resolved without resorting to arbitration or litigation. User can reach out to AirCarry’s support department . Parties agree to use their best efforts to resolve all disputes in good faith negotiations between them, which both agree is a precondition to either initiating an arbitration or lawsuit.
Binding Arbitration: If AirCarry cannot resolve the dispute with User within thirty (30) days of when User starts AirCarry dispute resolution, then the dispute must be resolved by binding arbitration which may be begun by either User or AirCarry.
AirCarry expects Requesters, Travelers, any other Users to respect copyright law. Where warranted, AirCarry will terminate the Account of any User who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders.
18. Third Party Sites
The AirCarry Platform may contain links or connections to third party websites or services that AirCarry does not control.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other User of AirCarry Platform, are those of the respective author(s) or distributor(s) and not of AirCarry. AirCarry does not guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose, of such information.
However, by using any service or functionality originating from the AirCarry Site, User hereby acknowledge and consent that AirCarry may share such information and data with any third party with whom AirCarry has a contractual relationship to provide the requested product, service or functionality on behalf of AirCarry Users and customers.
AirCarry Platform is continuously improved for user experience with tweaks and changes we feel will improve the AirCarry Platform.
AirCarry reserves the right to modify, add or remove features or functionalities or to suspend or terminate any part or all of the AirCarry Platform with or without notice to User at AirCarry’s sole discretion. AirCarry may also modify or amend these Terms or incorporated documents to reflect changes in the law, changes to the AirCarry Platform, Order Total or Total Fees (as defined under Section 4.3) or any other aspect of the relationship between AirCarry and the User.
If any changes are made to these Terms, or any other document incorporated by reference here, AirCarry will post the changes on the Platform or otherwise attempt to notify the user. Amendments are effective immediately after AirCarry post them on the AirCarry Platform for all Users unless AirCarry notifies the User otherwise. IF the User Does NOT AGREE TO THE TERMS, INCLUDING AS CHANGED OR MODIFIED, The User shall IMMEDIATELY STOP USING THE AIRCARRY PLATFORM.
21. General Terms
Entire Agreement. These Terms constitute the entire agreement between User and AirCarry and governs Users use of the AirCarry Platform, superseding any prior version of these Terms between User and AirCarry with respect to the AirCarry Platform.
Additional Terms. User also may be subject to additional terms and conditions that may apply when their use or purchase certain other AirCarry rendered services.
Waiver and Severability of Terms. The failure of AirCarry to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
Severability. If any provision of the Terms is found by a court of competent jurisdiction to be invalid the other provisions of the Terms remain in full force and effect.
No Right of Survivorship and Non-Transferability. User agrees that AirCarry Account is non-transferable and any rights in relation to AirCarry Account or contents within Users account terminate upon their death. Upon receipt of a copy of a death certificate, User account may be terminated, and all contents therein permanently deleted.
Statute of Limitations. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the AirCarry Platform or the Terms must be filed within six (6) months, or the shortest duration permitted under applicable law if such period is greater than six (6) months.
Section Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect.
22. Contact AirCarry
If Users have any questions, comments, or concerns regarding these terms or the AirCarry Platform, please contact us by sending a request to Support.
Prohibited Carried Items
AirCarry Requesters expressly agree not to use the AirCarry Platform or to request that
a Traveler obtain or bring any item that is prohibited under the laws of the United States
and/or its subdivisions, or of any international laws or laws of any local jurisdiction
applicable to Users, goods, transit or destination. It is the responsibility of both the Requester
and the Traveler (and not AirCarry) to refrain from requesting or bringing any Item that
is prohibited either by the jurisdiction of disembarkation, transit or embarkation. Prohibited
items include, but are not limited, to:
- Hazardous Materials as defined by the United States Environmental Protection Agency
(EPA) the United States Occupational Safety and Health Administration (OSHA), the United
States Department of Transportation (USDOT), the United States Nuclear Regulatory
Commission (NRC) or by the United States Department of Commerce (DOC), United States
Customs and Borders Protection (CBP), United States Department of Homeland Security
or similar agencies, local, state, national and international.
- Counterfeit goods
- Stolen property
- Live animals
- Firearms, ammunition, explosives or chemicals
- Human remains
- Pornography or obscene materials
- Illegal drugs or regulated drugs (prescription) in violation of law
- Any product or item related to illegal activities, such as the production of illegal drugs
- Any item that is prohibited by law in the place of origin, destination or any jurisdiction
of transit through between origin and destination
- Aerosols or any flammable materials
- Knives, batons or other weapons
- Certain agricultural products
- Carried Items imported into the destination country without a customs declaration where one
AirCarry recommends that Requesters and Travelers consult their respective government
agencies which regulate items that may and may not be brought into or out of a country
of origin, such as lists maintained by the United States Transportation Security Agency,
(TSA) . All travel from the United States, and packing related thereto, shall comply with all
applicable TSA Rules .
- A User shall be entitled to Cashback on a specific purchase/order as indicated in the promotional offer on AirCarry platform.
- No Cashback shall be available for orders which are canceled. Any Cashback offered may be recovered by AirCarry, without notice to the User, in such cases. Any Cashback offered for orders for which a refund claim is made, whether in part or in full, shall be adjusted to remove Cashback attributable to the extent of the order refunded. This condition shall apply strictly.
- Cashback shall mean the grant of credit for the amount of eligible cashback, shall be added to the Users ‘Promotional/Cashback’ section of his/her ‘AirCarry Wallet’ account, and shall in no event imply that the cashback shall be credited to a User’s bank account or card account or refunded in cash at any time.
- Cashback offers cannot be clubbed with any other offers and cannot be assigned/ transferred to any other person.
- AirCarry reserves the right to, without liability or prejudice to any of its other rights, at any time, without previous notice and from time to time, withdraw/suspend/ amend/cancel the Cashback offers, and the terms applicable thereto.
- Cashback will reflect in a User’s AirCarry Wallet account within 2-4 business days of the conclusion of an eligible successful transaction. Cashback credit available is usable only on AirCarry platform and no other platform, website, store or otherwise.
- Promotional cashback credited can be subjected to expire at the discretion of AirCarry. Cashback will expire after a minimum duration of 60 days from last order unless specified or added through a separate campaign, which can be subject to a shorter expiry time.
- Users shall not hold AirCarry or its group entities, or affiliates, their respective directors, officers, employees, agents, responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses which a User claims to have suffered, sustained or incurred, or claims to suffer, sustain or incur, by way of and/or on account of any purchase made through AirCarry platform, whether with or without Cashback.
- AirCarry does not in any manner endorse or support, in any specific manner, the purchase of products or undertaking of transactions inter alia which are subject to Cashbacks.