Last Updated: 31.05.2017
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, “CARRIERS” AND “SENDERS” SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE TRAVEL DESTINATIONS AND HOW THE TERMS AND CONDITIONS WORK IN THEIR RESPECTIVE AIRLINE COMPANY. SOME COUNTRIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO TRANSPORT GOODS IN HIGH QUANTITIES. CARRIERS AND SENDERS SHOULD REVIEW LOCAL LAWS AND AIRLINES’ TERMS & CONDTIONS BEFORE LISTING A TRIP ON AIRDEAL.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE WEBSITE, VIA THE MOBILE APPLICATION OR THROUGH THE SERVICES, 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 WEBSITE AND APPLICATION. IF YIU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM. If you accept or agree to these Terms, on behalf of a company or other legal entity, you represent and warrant that you have 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.
TERMS OF SERVICE
Airdeal, Inc. (hereafter referred to as “Airdeal”, “Airdeal.me”, “www.airdeal.me” , Airdeal App, AirdealApp, Airdeal Mobile App, “we”, “us” or “our” provides a global marketplace through Website (hereafter SITE) and MOBILE APPLICATION for people to list, search, book and utilize baggage allowance and storage space available with travelers-traveling across countries, states or cities by mode of transport of air. It also helps traveler who travelers-traveling across countries, states or cities by air transportation and have an excess baggage and/or items during their travel and seeking to use other passenger’s baggage allowance and storage space to reduce in part of travel costs by listing, searching, booking through SITE and MOBILE APPLICATION. This is available online as well as on your mobile phone. Airdeal refers to Airdeal Inc. if you reside in the USA.
AIRDEAL IS A MATCHING SERVICE AND NOT A DELIVERY TRANSPORT SOLUTION.
THERE IS NO MONEY EXCHANGE DONE THROUGH THE MOBILE APPLICATIONS AND SITE. AIRDEAL JUST BRINGHS TWO PARTIES (CARRIER AND SENDER) IN CONTACT WITH EACH OTHER ON MUTUALLY AGREED PRICE AND TERMS.
Airdeal is not a commercial service, rather Airdeal provides an online platform that connects “Carriers” who have baggage allowance while travelers-traveling across countries, states or cities by mode of transport of air to senders seeking to use these baggage allowance for his/her excess baggage and/or items carriage. The services are accessible at http://www.airdeal.me and any other websites through which Airdeal makes the Services available (collectively, the "Site") and as applications for mobile devices (the "Mobile Application").
Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
AIRDEAL MATCHES PEOPLE ON THE MOVE TO UTILIZE AVAILABLE BAGGAGE ALLOWANCE FOR AIR TRAVEL. THE SERVICE MATCHES SENDERS WITH A NEED TO EXCESS BAGGAGE SPACE WITH CARRIERS WILLING TO ALLOW USAGE OF THEIR BAGGAGE ALLOWANCE. THE SITE, MOBILE APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH CARRIERS OR SENDERS MAY CREATE LISTINGS FOR THEIR TRAVELS AND CARRIERS OR SENDERS MAY LEARN ABOUT AND BOOK EXCESS BAGGAGE AND/OR ITEM CARRIAGE OR BAGGAGE ALLOWENCE USAGE AND MAY ARRANGE PAYMENT FOR CARRIAGE OF EXCESS BAGGAGE OR/AND ITEMS DIRECTLY WITH EACHOTHER. YOU UNDERSTAND AND AGREE THAT AIRDEAL IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN CARRIERS AND SENDERS, NOR IS AIRDEAL A COURIER COMPANY, AIRLINE COMPANY, EXCESS BAGGAGE/ITEMS/GOODS TRANSITOR OF ANY TYPE, TRANSPORTER, RECEIVER OF EXCESS BAGGAGE/ITEMS/GOODS, SENDER OF EXCESS BAGGAGE/ITEMS/GOODS, INTERMEDIATE STORER OF EXCESS BAGGAGE/ITEMS/GOODS, AGENT OR INSURER. AIRDEAL HAS NO CONTROL OVER THE CONDUCT OF CARRIERS, SENDERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY TRANSACTIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. AIRDEAL STAFF OR EMPLOYEES, OR AFFILIATES DO NOT CARRY THE EXCESS BAGGAGE OR/AND ITEMS. AIRDEAL CONNECTS SENDERS AND CARRIERS.
Users wishing to list their travel plans as a Carrier or Sender must first register to create an Airdeal Account. All registered Users can act both as Senders and Carriers. The Service provides the ability to match these two parties.
Senders cannot send any items that would be illegal to be transported in any country. For greater certainty the following items must not be transported between Senders and Carriers INCLUDING BUT NOT LIMITED TO (see IMPORTANT NOTES for further description): firearms or components of firearms, weapons, corrosive or hazardous substances, drugs and tools capable of being used as weapons and explosives. In addition Airdeal has the right to object to any item that may be transported using the Service, if Airdeal is aware of what is to be transported and has reasonable grounds for objecting.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, MOBILE APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE USER’S TRANSCATIONS. AIRDEAL CANNOT AND DOES NOT CONTROL CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY GOODS/THINGS/PACKAGES/TRAVELS/LUGGAGES/BAGGAGE/ITEMS/TRAVEL PLAN/PEOPLE MOTIVES. AIRDEAL IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND TRANSACTIONS. ACCORDINGLY, ANY TRANSACTIONS WILL BE MADE AT THE USERS OWN RISK.
By entering into this Agreement, the User gets access to the Service as it is offered from time to time. Airdeal is free to add, remove or change features or functionality of the Service. Airdeal will make its best effort to inform you of such changes by making available such information on the SITE or otherwise.
“Airdeal Content” means all content that Airdeal makes available through the Site, Mobile Application or Services including any content licensed from a third party
“Collective Content” means Member Content and Airdeal Content
“Content” means text, graphics, images, music, and software (excluding the Mobile Application), audio, video, information or other materials.
“Sender” means a user who puts his travel plan/ travel itinerary/ intention to travel or sends a request via the Mobile Application or Services to make his/her excess baggage/ luggage/ goods/ items/ packages carried by the Carrier.
“Carrier” means a user who puts his travel plan/travel itinerary/intention to travel via the Site or sends a request via the Mobile Application or Services and has shown willingness to carry excess baggage/ luggage/ goods/ items/ packages as needed by Sender.
“Mobile Application” means an application for mobile devices
“Listing” means putting travel plan/travel itinerary/intention to travel/flight information to carry excess baggage/ luggage/ goods/ items/ packages or to make excess baggage/ luggage/ goods/ items/ packages carried.
“User” means a person who completes Airdeal’s account registration process, including, but not limited to Carrier and Sender as described under “How Site, Mobile Application and Service Work”
“Member Content” means all Content that a Member posts, upload, publishes, submits or transmits to be made available through the Website, Application or Services.
“Transaction” means activity that takes place between Carrier and Sender in regards to request carriage of excess baggage/luggage/goods/items/packages by the Carrier.
“Deal” means an agreement of carriage of excess baggage/luggage/goods/items/packages between Sender and Carrier.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, local or international, state and federal indirect or other withholding and personal or corporate income taxes.
All Time zones indicate the local time zone of the Carrier’s or Sender’s departure city or arrival city.
Airdeal reserves the right to amend these Terms at any time. In the event that a change is significant, we will display a notice on the SITE or send you an e-mail. The change will be effective as of its notification to the Use. If the amended Terms are not acceptable for you, your only recourse is to cease using the Site, Mobile Application and Services and deactivate your account.
THE SITE, MOBILE APPLICATION AND SERVICES ARE INTENDED SOLELY FOR PERSONS WHO ARE 18 OR OLDER. ANY ACCESS TO OR USE OF THE SITE, MOBILE APPLICATION OR SERVICES BY ANYONE UNDER 18 IS EXPRESSLY PROHIBITED. BY ACCESSING OR USING THE SITE, MOBILE APPLICATION OR SERVICES YOU REPRESENT AND WARRANT THAT YOU ARE 18 OR OLDER.
As a User of the Service you agree to receive communications from Airdeal. This communication is related to you being a user of the Airdeal-Service, and might happen through e-mail, phone, sms, push messages, post to the Site or via the Mobile Application. The content of this communication might be modification of these Terms, service messages, status messages related to tasks, matching messages and newsletters from Airdeal. You can at any time unsubscribe from the newsletters, and change the notifications settings. Some system critical messages cannot be turned off. For communications made through e-mail, phone, sms, push messages, the date of receipt will be deemed the date on which such communication is made.
In order to access certain features of the Site and Mobile Application, and to transact, interact or create listing, you must register to create an account and become a Member. You may register to join the Services directly via Site or Mobile Application as described below.
You can register to join by logging into your account with certain third party social networking Websites (including, but not limited to, Facebook) via Airdeal Site or Mobile Application. As part of the functionality of the Airdeal Site, Mobile Application and Services, you may link your Airdeal Account with Third Party Accounts by allowing Airdeal to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Airdeal and/or grant Airdeall access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Airdeal to pay any fees or making Airdeal subject to any usage limitations imposed by such third party service, providers. By granting Airdeal access to any Third Party Accounts, you understand that Airdeal will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account, so that it is available on and through the Site, Services and Mobile Application via your Airdeal Account and Airdeal Account profile page. Unless otherwise specified in these Terms, all Third Party Account Content will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Airdeal Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or Airdeal’s access to such Third Party Account is terminated by the third party service provider, then Third Party Account Content will no longer be available on and through the Site, Services and Application. You have the ability and right to disable the connection between you Airdeal Account and your Third Party Accounts, at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDES ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGGREMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Airdeal makes no effort to review any Third Party Account Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Airdeal is not responsible for any Third Party Account Content. You warrant and represent that all of the data provided by you via the Third Party Account is true, accurate and complete. You shall report any of your Third Party Account Content changes in the registration data to Airdeal without undue delay. When you register, Airdeal might need the following information from you:
The information is used to establish contact between users and to take reasonable measures to verify identity of Users.
Although Airdeal use integrated technologies and techniques that aim to verify the accuracy and truth of the information provided by users, Airdeal cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of Users' purported identities or the validity of the information which they post on Airdeal Site, Mobile Application and Service.
Airdeal will automatically create your Airdeal Account and your Airdeal Account profile page for your use of Site, Mobile Application and Service based upon the personal information you provided to Airdeal and that is obtained via Third Party Account as described above. You may not have more than one(1) active Airdeal Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
Airdeal may restrict, suspend or terminate the account of any User who abuses or misuses the Services or if the User violates the Agreement, without further notice to the User.
Any attempt to including and not limited to circumvent the service, create more than one(1) Airdeal Account or provide inaccurate, not current or incomplete information during the registration process would be grounds for suspension and termination. Circumvention of the service includes and not limited to concluding transactions outside the system (i.e. trying to use sender excess baggage or/and items for personal usage).
Your user account, including all actions, communications, and use of Services under your account, are your sole responsibility. In order to maintain security, you are required to (a) immediately alert Airdeal of any unauthorized use of user account or any other breach of security. Failing to comply with this policy releases Airdeal from any liability regarding the outcome of user account and/or password security breaches.
Both Carrier and Sender agree to cooperate with and assist Airdeal in good faith, and to provide Airdeal with such information and take such actions as may be reasonably requested by Airdeal, in connection with any complaints or claims made by Users relating to transactions or with respect to any investigation undertaken by Airdeal or a representative of Airdeal regarding use of abuse of the Site, Mobile Application or the Services. We don’t take any type of Carrier’s guarantee or Sender till further notified on this terms & conditions.
Airdeal may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time terminate these Terms or your access to our Site, Mobile Application and Services, and deactivate your Airdeal Account on Site, Mobile Application and Services. You may deactivate your Airdeal Account at any time via the “Deactivate” feature on the Site or on Mobile Application. Please note that if your Airdeal Account is deactivated, we do not have an obligation to delete or return to you any content you have posted to the Website, Application and Services, including, but not limited to, any reviews, recommendations or Feedback.
The following usage rules shall apply for your use of the Site, Mobile Application and Service:
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 Website, Application, Services and Content. In connection with our use of our Website, Application and Services, you may not and you agree that you will not:
Airdeal will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Airdeal may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Airdeal has no obligation to monitor your access to or use of the SITE, Mobile Application, Services or Collective Content or to review or edit any User Content, but has the right to do so for the purpose of operating the SITe, Mobile 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. Airdeal reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Airdeal, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the SITE, Mobile Application or Services.
HOW SITE, MOBILE APPLICATION, SERVICE WORK
As a User, you may define yourself as Carrier and/or Sender. Then, as carrier you will be asked a variety of question about your travel plan to make listing, these questions are, including but not limited to, departure and arrival airport, allowable weight of baggage allowance for carriage, desired rate-per-kg/or pound for carriage of excess baggage and/or items, flight code of your ticked issued, date and hour of the flight. As Sender you will be asked a variety of questions about your travel plan and excess baggage and/or items to make listing, including but not limited to, name of item, type, what is it, content of the excess baggage and/or items that will be carried by the Carrier, size (as kg or pound) of the excess baggage and/or item that will be carried by Carrier, photos of the baggage content and/or items(if desired) that will be carried by Carrier, departure and arrival airport names, features, desired rate-per-kg or pound to make carrier to carry excess baggage and/or items. These listings will be made publicly available via the Site, Mobile Application and Services.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any listing you post and the transaction of travel plan/travel itinerary/intention to travel or GOODS/THINGS/PACKAGES/TRAVELS/LUGGAGES/BAGGAGE/ITEMS will not breach any agreements you have entered into with any third parties and will be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any transaction included in Listing you post, including, but not limited to, zoning laws and laws governing to travel plan/travel itinerary/intention to travel or GOODS/THINGS/PACKAGES/TRAVELS/LUGGAGES/BAGGAGE/ITEMS or transiting, transporting, couriering, carrying, owning, disowning, travelling with and not conflict with the rights of third parties. Please note that Airdeal assumes no responsibility for the user’s compliance with any applicable laws, rules and regulations. Airdeal reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Airdeal, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Mobile Application or Services.
Other users, both as carrier and sender, will be able to look and contact with Carrier or Sender for transaction via the Site, Mobile Application and Services upon the information provided in your Listing. Carriers and Senders may accept an inquiry, decline an inquiry, or message each other for more information.
If you are a Carrier and a booking is requested for your travel plan and available baggage allowance from the Sender via the Site, Mobile Application and Services, you may accept the request, decline the request or message to Sender for more information prior to the date and time of travel (date and time of your flight declined in listing) or the booking request will automatically expire. When a booking is requested by Sender to your listing via Site, Mobile Application and Service, Airdeal will notify you and share the user and request information provided by the Sender while registering and sending a request. You, as carrier, can also choose to enter into a transaction with Sender for the carriage of excess baggage and/or items via Sender’s listing. By entering transaction via Sender’s listing you agree to accept any terms, conditions, rules and restriction associated with such transaction imposed by the Sender. You acknowledge and agree that you, and not Airdeal, will be responsible for performing the obligations of such agreements, that Airdeal is not a party to such agreements, and Airdeal disclaims all liability arising from or related to any such agreements.
If you are a Sender and a booking is requested for your travel plan and excess baggage and/or item from the Carrier via the Site, Mobile Application and Services, you may accept the request, decline the request or message to Carrier for more information prior to the date and time of travel (date and time of your flight declined in listing) or the booking request will automatically expire. When a booking is requested by Carrier to your listing via Site, Mobile Application and Service, Airdeal will notify you and share the user and request information provided by the Carrier while registering and sending a request. You, as Sender, can also choose to enter into a transaction with Carrier for the carriage of excess baggage and/or items via Carrier’s listing. By entering transaction via Carrier’s listing you agree to accept any terms, conditions, rules and restriction associated with such transaction imposed by the Carrier. You acknowledge and agree that you, and not Airdeal, will be responsible for performing the obligations of such agreements, that Airdeal is not a party to such agreements, and Airdeal disclaims all liability arising from or related to any such agreements.
You understand and agree that Airdeal does not act as a contracting agent for you as a User. If transaction is taking place via Airdeal and there is any type of an agreement being entered into within users, such is between you and the user of Airdeal and Airdeal is not a party thereto any such transaction.
For both Carriers and Senders, Airdeal makes certain tools available called as Verifications to help them to make informed decisions about which Members they choose to confirm for booking and/or agreement for their transaction.
Airdeal recommends that Carrier makes appropriate checks and double checks on the excess baggage and/or items obtain appropriate knowledge of the same. Please review the rules of Airline Companies about excess baggage and/or item carriage and also local and international laws before accepting transaction. In case of doubt, decline/ignore the request.
PLEASE NOTE THAT, AIRDEAL DOES NOT CURRENTLY CHARGES ANY FEES FOR THE CREATION OF LISTINGS OR FOR TRANSACTIONS. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AIRDEAL RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CHARGE YOU FOR AND COLLECT FEES FROM YOU FOR THE CREATION OF LISTINGS OR FOR TRANSACTIONS THROUGH OUR PLATFORM IN FUTURE. PLEASE NOTE THAT AIRDEAL WILL PROVIDE NOTICE OF ANY LISTING FEE AND/OR TRANSCTION FEES COLLECTED VIA THE SITE, MOBILE APPLICATION AND SERVICES, PRIOR TO IMPLEMENTING SUCH A LISTING AND OR TRANSACTIONS FEES FEATURE.
CANCELLATIONS AND REFUNDS
There is no actual money exchange done through the Mobile Application and Site. Airdeal just brings two parties (Carrier and Sender) in contact with each other on mutually agreed price and terms. AS you agreed above that AIRDEAL.ME IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN CARRIERS AND SENDERS, NOR IS AIRDEAL A COURIER COMPANY, AIRLINE COMPANY, EXCESS BAGGAGE/ITEMS/GOODS TRANSITOR OF ANY TYPE, TRANSPORTER, RECEIVER OF EXCESS BAGGAGE/ITEMS/GOODS, SENDER OF EXCESS BAGGAGE/ITEMS/GOODS, INTERMEDIATE STORER OF EXCESS BAGGAGE/ITEMS/GOODS, AGENT OR INSURER. AIRDEAL HAS NO CONTROL OVER THE CONDUCT OF CARRIER AND SENDER AND OTHER USERS OF THE MOBILE APPLICATION AND SITE OR ANY TRANSACTIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. Neither of travel parties have any kind of monetary claim for any cancellations or modification in itinerary and or request made.
Airdeal, at its sole discretion, may make available promotions with different features to any of our Carriers or prospective Senders. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Airdeal.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. We strongly advise that you talk to your local tax professional for proper guidance in your particular area Airdeal cannot and does not offer Tax-related advice to any users of the Site, Mobile Application and Services.
AS PART OF THE SERVICES, AIRDEAL PROVIDES A FEATURE THROUGH WHICH MEMBERS MAY VIEW TOTAL COST FOR VARIOUS LISTINGS IN FOREIGN CURRENCIES. AIRDEAL CURRENCY CONVERSIONS WILL ROUND UP TOTAL COST FOR VARIOUS LISTINGS IN FOREIGN CURRENCIES. YOU UNDERSTAND AND AGREE THAT THESE VIEWS OF CONVERTED TOTAL COST ARE INFORMATIONAL PURPOSES ONLY. FINAL COST WILL BE BASED ON THE CURRENCY THAT IS IDENTIFIED DURING THE LISTING AND DISCUSSION BETWEEN CARRIER AND SENDER. AIRDEAL DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO CURRENCY CONVERSION.
DAMAGE TO EXCESS BAGGAGE/ITEMS
As a Carrier, you are responsible for carrying the excess baggage, item in condition as asked by Sender in good faith without using, damaging, stealing, breaking or doing any type of harm to excess baggage/items and Airdeal is not liable for any damages for any loss or harm to excess baggage/items.
NO WARRANTIES OR REPRESENTATIONS
Airdeal provides the platform on which Users can connect to enter into agreements directly with each other for the provision of excess baggage and/or items carriage services for air travel. Airdeal takes no responsibility for the type of goods carried or for the performance of the carriage service itself, these are matters between the Carrier and the Sender.
Airdeal makes no warranties or representations regarding any data and/or information published or otherwise made available on the service from users of the service, or on any external websites linked to or referred to on the service.
YOU ACKNOWLEDGE AND AGREE THAT AIRDEAL DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING BUT NIT LIMITED TO, CARRIERS/SENDERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, MOBILE APPLICATION, SERVICES, COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED WITHOUT LIMITING THE FOREGOING, AIRDEAL 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. AIRDEAL MAKES NO WARRANTY THAT THE SITE, MOBILE APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY TRANSACTIONS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS AIRDEAL MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, MOBILE APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AIRDEAL OR THORUGH THE SITE, MOBILE 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, MOBILE APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, MOBILE APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CARRIERS/SENDERS. YOU UNDERSTANT THAT AIRDEAL DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, MOBILE APPLICATION OR SERVICES TO REVIEW OR KNOW WHAT IS BEING ASKED BY SENDER OR WHAT IS CARRIED BY CARRIER. AIRDEAL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, MOBILE APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, MOBILE APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, MOBILE APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, MOBILE APPLICATION OR SERVICES, INCLUDING BUT NOT LIMITED TO CARRIER / SENDER, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY AIRDEAL, AIRDEAL EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CARRIER/SENDER OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, MOBILE APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR TRANSACTION VIA THE SITE, MOBILE APPLICATION AND SERVICES, AND MAY CONTACT YOU HAVE WITH OTHER USERS OF AIRDEAL WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER AIRDEAL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELVERING THE SITE, MOBILE APPLICATION, SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OF PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, MOBILE APPLICANTION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, MOBILE APPLICATION, SERVICES, OF FROM YOUR LISTING OR TRANSACTION VIA THE SITE, MOBILE APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AIRDEAL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, NEITHER AIRDEAL NOR ITS DIRECTORS, AGENTS AND EMPLOYEES CARRIES ANY SUCH LIABILITY.
By providing information to Airdeal, you as a User, represent and warrant that you are entitled to submit the information and that the information is accurate, true, not confidential, and not in violation of any contractual restrictions or other third party rights.
You shall indemnify and hold Airdeal harmless for all damages, losses and costs related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of information that violates third party rights or applicable laws or your failure to comply with the Usage Rules, (2) any information you submit to the Services, and (3) any activity in which you engage on or through the Service.
Airdeal makes all reasonable efforts to verify the identity of registered Users. However, Airdeal explicitly disclaims any liability in connection with Users who submit inaccurate or incorrect information. The User warrants and shall indemnify and hold harmless Airdeal for any loss due to inaccurate or incorrect information being submitted by the User, or the registered profile being used by someone else than the registered User.
The failure of Airdeal to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Airdeal Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Airdeal may transfer its rights and obligations under these terms to another organization. We will tell you in writing if this happens.
If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
The Site, Mobile Application, Services and Collective Content are protected by copyright, trademark, and other laws. You acknowledge and agree that the Site, Mobile Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Airdeal and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Mobile Application, Services or Collective Content.
Subject to your compliance with these Terms, Airdeal grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for you won personal use. Furthermore, with respect to any App Store Sourced Application, you will only use the App Store Sourced Application on respectively branded product that runs that particular application and as permitted by “Usage Rules” set forth in that particular App Store Terms of Service. Airdeal reserves all rights in the Application not expressly granted to you by these Terms.
AIRDEAL CONTENT AND MEMBER CONTENT LICENSE
Subject to your compliance with the terms and contions of these Terms, Airdeal grants you a limited, non-exclusive, non-transferable license, to access and view any Airdeal Content solely for your personal and non-commercial purposes and access and view any Member content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Mobile Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Airdeal or its licensors, except for the licenses and rights expressly greanted in these Terms.
The Site, Mobile Application and Services may contain links to third-party Websites, applications or resources. You acknowledge and agree that Airdeal is not responsible or liable for the availability or accuracy of such websites, applications or resources or the content, products, or services on or available from such websites, applications or resources. Links to such websites, applications or resources do not imply any endorsement by Airdeal of such websites, applications or resources or the content, products, or services available from such website, applications or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, applications or resources or the Content, products or services on or available from such websites, applications or resources.
These Terms constitute the entire and exclusive understanding and agreement between Airdeal and you regarding the Site, Mobile Application, Services, Collective Content, and any Transactions or Listings made via the Site, Mobile Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Airdeal and you regarding Transactions or listings, the Site, Mobile Application, Services, Collective Content and Referral Program.
You may not assign or transfer these Terms, by operation of law or otherwise, without Airdeal’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Airdeal may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
PROPRIEARTY RIGHTS NOTICES
All trademarks, service marks, logos, trade names and any other proprietary designations of Airdeal used herein are trademarks or registered trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
If you have any questions about these Terms, please contact Airdeal at email@example.com.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the SITE, MOBILE APPLICATION and Services. You may submit Feedback by emailing us at firstname.lastname@example.org or through the “Contact Us” section of the SITE or social media accounts of Airdeal (including but not limited Facebook, Twitter, Instagram, LinkedIn etc). You acknowledge and agree that all Feedback will be the sole and exclusive property of Airdeal and you hereby irrevocably assign to Airdeal and agree to irrevocably assign to Airdeal all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Airdeal’s request, you will execute n I jıdocuments and take such further acts as Airdeal may reasonably request to assist Airdeal to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Airdeal respects copyright law and expects its users to do the same. It is Airdeal’s policy to terminate in appropriate circumstances the Airdeal Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyrights holders.
GRANTING AIRDEAL LICENSE
By uploading, submitting, or posting any content (e.g. profile information) to the Site and/or Mobile Applications you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created and for any purpose.
CONTROLLING LAW AND JURISDICTION
These Terms will be interpreted in accordance with the laws of State of Delaware and the United States of America, without regard to its conflict-of-law provisions. All actions and proceedings arising out of or relating to this Amendment shall be heard and determined in the Delaware Court of Chancery or a United States District Court. Any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in Dispute Resolution provision below.
You and Airdeal agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Mobile Application (collectively, “Disputes”) will be settled by bidding arbitration (State of Deleware, USA, except that each party retains the right to seek injuctive or other equitable relief in a court of competent jurisdiction as mentioned hereinabove to prevent actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Airdeal are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Airdeal otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Laws: The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for consumer Related Disputed (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879). The Fedaral Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process: A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 ). The arbitrator will be either a retired judge or an attoney licensed to practice law in the state of Deleware and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. IF the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration then the AAA will appoint the arbitrator in accordance with the AAA Rules.
WE ENCOURAGE THAT ALL USERS MUST KEEP STRONG OPINION ABOUT WHAT GOOD IS ASKED OR REQUESTED FOR.
The transit of any goods that is forbidden by authorities and precious items like banned items, dangerous items, precious metals, antics of any country, heritage goods, contrabands, gold, currency, philately, radioactive material, pornography, diamonds, drugs, goods intended to theft of customs duty or any other legal taxes to any country, weapons, goods of ill intentions, for blackmailing, extortion, evidence proofs of any court case or police case, any goods that are illegal to transit in eyes of law or morally & ethically etc. will not be carried in any circumstances.
The Carrier has 100% right to open the excess baggage/item/packet and see what is being carried and inform Airdeal in case of any discrepancy. Authorities shall be informed and the account of person in doubt gets suspended permanently.
Also following items are forbidden to be carried/requested via Airdeal
Articles and substances having mass explosion hazard
Articles and substances having projection hazard
Articles and substances having a fire hazard and/or a minor blast hazard
Non-flammable, non-toxic gas
Substances liable to spontaneous combustion
Substances which, in contact with water, emit flammable gases
Oxidizing Substances and Organic Peroxide
Toxic and Infectious Substances
Any goods which violates any local or international law in anyway will be responsibility of users and users shall take care of not causing harm to themselves, other users, government, society, co-passengers, or anyone/anything living or nonliving.
The intention of using service is MORE a social attribute. Having said this, Airdeal will not be responsible for any conflict arising by this what-so-ever it may be in any court. The responsibility of the total transaction remains between Carrier and Sender. Airdeal is just a service to help out Sender by making his/her need satisfied and giving opportunity to sever socially and thus in return earn revenue for it.
In continuation with above conditions, Airdeal.me and its owners declares hereby that when any user use this SITE as Carrier for carrying excess baggage and/or items Sender for sending excess baggage and/or items they do it on their own risk and obligations whatsoever. The Carrier when carry any excess baggage and/or item it is ownership of Carrier till he/she deliver it/them to Sender. Airdeal has nothing to do with whatever asked or being carrier. Airdeal is just a platform to connect Carriers and Sender. The SITE – Airdeal.me – in intended only to serve as a preliminary medium or platform of contact and information for its users/members/visitors who have a bonafide intention to enter into a legal transaction in every possible way, all areas, policies, rules and arenas.
Airdeal shall not be responsible for any loss or damage to any individual arising in/out of, or subsequent to, transaction, communication, contact, transit of good, logging in, using its name, any issue related to Airdeal in whatsoever manner, established pursuant to use of the service provided by Airdeal.
The user undertakes not to duplicate, download publish, modify and distribute material on Airdeal.me unless specifically authorized by Airdeal in this regard. The user undertakes not to establish any deep link or other connection to any specific page of Airdeal.me other than the Home Page without obtaining prior consent of Airdeal.
The user undertakes to use Airdeal.me for his/her own purposes. Using content from Airdeal.me for derivate works with a commercial motive without prior written consent from Airdeal is strictly prohibited.
Airdeal is an on-line and mobile app service provider for its members/visitors to create their own/unique profiles envisaging certain personal (optional) information(s) are to be displayed on the net/SITE or mobile applications which information is used by visitors for searching and matching purposes. Airdeal does not sell, rent, share, trade or give away any of your personal information except which is displayed and intended to be shared by its users/ members / visitors including photographs displayed on SITE or MOBILE APPLICATIONS. Although Airdeal shall take all reasonable precautions, Airdeal shall not be responsible in case such public information/photograph of the member/user so displayed in the SITE or MOBILE APPLICATIONS is being unauthorized copied/ printed/ published/ forged/ superimposed/ manipulated etc. or misused by any user/ member/ visitor. The user / member shall indemnify Airdeal from all kind of loss/ damages which Airdeal may suffer from any activities carried out by any visitor/user/member through improper use of the service provided by Airdeal.
Airdeal does not represent or endorse the accuracy or reliability of any member/visitor profile, advice, opinion, statement or other information displayed/uploaded through the service by Airdeal. Airdeal or any of its owners, staff or agents are not responsible under any circumstances for any action/display whether direct or indirect, which occurs as a result of online display of information in the nature of illicit material / material that may be offensive to visitors/ members or is patently offensive to the on-line community or any material which may promote racism, bigotry, hatred or physical/mental harm of any kind to any group or individual or transmit any chain letters or junk mail or unsolicited mass mailing or spamming or obscene material to other users/members. Airdeal does not monitor conduct of its users/members or visitors and therefore Airdeal does not take the responsibility of any conduct by its users/ members r visitors who may avail/ obtain / use / exploit the on-line service provided by Airdeal in order to harass, abuse or harm another user/member or visitor or use the said on-line service to promote / advertise / solicit anything without their prior consent or an act in any manner which may threaten the safety of users / members.
Nothing comprised in the contents at Airdeal.me is intended or meant to induce or persuade or convince or invite any person whatsoever to perform any action or do any such thing, or not to perform or do, where such performance or doing, or non-performance or not doing, constitute any contravention of any law or regulation in force for the time being to which such person or action may be governed.
Airdeal.me reserves the absolute right to delete any profile if it finds that the same person has created multiple profiles. Even if different profiles have been created with the same contact details. Airdeal.me will reserve the absolute right to delete all such profiles.
Airdeal.me hereby specifically disclaims any liabilities or warranties or guarantees, express, specific or implied, which may be attributable, in any manner whatsoever, to the existence, promotion, canvassing, contents, links, information or discontinuance of Airdeal.me. No claims for damages, restitution, links, information or any other pecuniary, civil or criminal plaints, which may be said to arise out, or on account, of any matter contained or related to Airdeal.me, shall lie or be deemed to be sustainable against Airdeal.me.
Airdeal.me does not warrant that the Service will be uninterrupted or error-free. Airdeal.me provides the service on an “as is” basis. However, Arideal.me will take all reasonable steps to provide its users with error free, uninterrupted user experience. There may be delays, omissions, and interruptions in the availability of the Service. The user/member acknowledges that use of the Service is solely at their cost and risk. Airdeal.me is not responsible for suspension of the Service, irrespective of the reason for such interruption / suspension.
Airdeal.me has the right to monitor the SITE or MOBILE APPLICATIONS electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the SITE and MOBILE APPLICATIONS properly, or to protect itself or its subscribers. Airdeal.me will not intentionally monitor or disclose any private electronic-mail message unless required by law. Airdeal.me reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or violative of provision of law.
In case Airdeal.me receives any incriminating evidence/complaint against any of its users from other members/users/visitors of the SITE and/or MOBILE APPLICATIONS or if Airdeal.me, through data available to it from its servers, suspects misbehavior on any user’s part, it reserves the right to impose restrictions on the user account which include but may not be confined to preventing the user under question from making multiple contacts and restricting the user to only contract members whose desired profile the user satisfies.