Terms of Service
To better service you
Thank you for using Aircart! These Terms of Service (“Terms”) govern your use of the Aircart services, including Aircart’s website, mobile applications, and any websites (or portions thereof) or mobile applications that are operated by Aircart (collectively, the “Services”), and are entered into by you and Shopplr Pty Ltd.
The Services comprise a platform that presents you with a set of one or more retailer virtual stores from which you can select goods for picking, packing, and delivery by individual personal shoppers (“Personal Shoppers”) to your location or, if available, for you to pick up in-store. Picking, packing, or delivery services may be performed by third parties including a retailer or third party logistics provider (collectively, “Third Party Providers”). You acknowledge that transportation or delivery services are provided by third party independent contractors who are not employed by Aircart.
When you use the Services to place an order for products, you authorise the purchase and delivery of those products. Unless otherwise specified, you acknowledge and agree that Aircart and the Personal Shopper are acting as your agents in the picking, packing, and/or delivery of goods purchased by you and are not the seller of the goods to you. You agree that your purchase is being made from the retailer you have selected, that retailer is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable retailer’s store. You agree that Aircart or the applicable retailer may obtain a credit card authorisation for your credit card on file with Aircart to cover the cost of the goods you have purchased from the retailer and any separate Aircart fees, and your card will be charged for the goods purchased by you and any applicable fees, taxes and/or tips. Your card may be temporarily authorised for an amount greater than the total amount of the purchase appearing in the original check out. This higher authorised amount will be disclosed during the purchase process and is a temporary authorisation charge on your order, to deal with potential situations where your total purchase amount turns out to be higher than the original amount due to special requests, added items, replacement items or weight adjustments.
You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and Aircart, Aircart does not form any employment or agency relationship with you and Aircart does not hold title to any goods that you order through the Services.
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotional offers, and availability. Aircart reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order and/or your credit card has been charged). Please note that prices of products on the Services may be different than prices offered for the same products in-store by the same retailer. In some instances, in-store prices may differ from those on the Services as a result of price changes in-store.
1. Your Use of the Services
Aircart grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and Aircart’s policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have Aircart’s written permission, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that Aircart provides for that purpose (for example, you may not "scrape" the Services through automated means or "frame" any part of the Services), and you may not interfere or attempt to disrupt the Services.
Some parts of the Services may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials). You retain all rights in any content that you upload or submit, and are solely responsible for that content. You grant Aircart a non-exclusive, royalty-free, worldwide, transferable, sublicensable license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. Aircart may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies.
You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device.
If you are using Aircart on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.
In order to use the Services, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Services and you will respect those who you encounter in your use of the Services, including Personal Shoppers and individuals who support Aircart’s Help Center. Aircart reserves the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at any time in its sole discretion.
We’re constantly modifying and improving the Services. Aircart may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide Aircart with any feedback on or comments regarding the Services, you grant Aircart the right to use such feedback or comments for any purpose without restriction or payment to you.
If you have any requests for order cancellations, refunds, or returns, please contact us.
2. Aircart Communications
By using Aircart, you agree to accept and receive communications from Aircart or Personal Shoppers, including via email, text message, calls, and push notifications to the cellular telephone number you provided to Aircart. You understand and agree that you may receive communications sent by or on behalf of Aircart, its affiliated companies and/or Personal Shoppers, including but not limited to communications concerning orders placed on the Services. Message and data rates may apply.
If you use the Services to order a prescription drug product (where available), you also understand and agree that a third party pharmacy and/or Aircart may send you unencrypted SMS messages, push notifications or other electronic notifications relating to prescription drug products that you order through the Services. There is some level of risk that information in such communications could be read by an unintended third party. By using the Services to order a prescription drug product, you explicitly disclaim any liability against Aircart for any harm or damage arising out of or in connection with any SMS messages, push notifications and/or other electronic notifications.
3. Third-party Products and Content
You agree that Aircart does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Services, you agree that you do so at your own risk and that Aircart will have no liability based on such purchase, use, or access. We do not warrant that all products shown on the Services will be available to you all of the time. Some products shown on Services may not be available for delivery or unavailable at certain times due to in-store inventory fluctuations. In such cases, items will either be fully or partially refunded or substituted with similar products. Please note that product packaging may differ to what is displayed on this website. Aircart does not claim affiliations, partnerships or endorsements with mentioned brands. All product, company names and logos mentioned in our web site are the trade marks, service marks or trading names of their respective owners.
4. SERVICE PROVIDED AS-IS AND RELEASE OF CLAIMS
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AIRCART DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AIRCART MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES FROM RETAILERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AIRCART DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF PERSONAL SHOPPERS, THIRD PARTY PROVIDERS, OR RETAILERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER AICART NOR ITS AFFILIATES, RETAILERS, LICENSORS, OR SUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY PERSONAL SHOPPER OR THIRD PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY PERSONAL SHOPPER OR THIRD PARTY PROVIDER. NEITHER AIRCART NOR ITS AFFILIATES, RETAILERS, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY PERSONAL SHOPPER OR THIRD PARTY PROVIDER.
If you have a dispute with one or more Personal Shoppers or Third Party Providers, you agree to release Aircart (including Aircart’s affiliates, and each of their respective officers, directors, employees, agents, shareholders, retailers, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
In such a case where you or someone acting on your behalf is not at your nominated delivery address to accept delivery, products may be left unattended at your nominated delivery address. In this situation, the safety of perishable foods cannot be guaranteed. The 30 minute delivery speeds as indicated on this website act as a guide only. Actual delivery may be sooner than this and vice versa.
5. LIMITATION OF LIABILITY
THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL AIRCART (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAILERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF AIRCART OR AIRCART’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL AIRCART (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAILERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF AIRCART OR AIRCART’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AIRCART, ITS AFFILIATES, RETAILERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO AIRCART FOR THE PAST 12 MONTHS OF THE SERVICES.
You agree to defend, indemnify and hold harmless Aircart and its officers, directors, employees, agents, shareholders, affiliates, and retailers (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation legal and expert fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorised use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.
7. Disputes & Arbitration
If you have a dispute with Aircart arising out of your use of the Services, this Section 7 applies. You agree to contact Aircart first and attempt to work out any such dispute amicably.
You can stop using the Services at any time and without notice to us. Similarly, Aircart may terminate access to the Services to you or any other users or stop offering all or part of the Services at any time without notice.
9. Changes to the Terms
We may make changes to these Terms from time to time. When Aircart does so, Aircart will post the most current version of the Terms on Aircart’s website. Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services.