Terms of Use - Customer

To better serve 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 Aircart Pty Ltd ACN 631 643 813 trading as Aircart Pty Ltd ("Aircart", "we", "us" and "our").
By using the Services, you agree to be bound by these Terms and acknowledge and agree to the collection, use and disclosure of your personal information in accordance with Aircart’s Privacy Policy.
The Services comprise a platform that presents you with a set of one or more retailer virtual stores from which you can select goods ("Products") 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”). Accordingly, you agree to shopping, transportation and/or delivery services being provided by Third Party Providers who are not employed by Aircart. 

Eligibility to use our Services
To use our Services you must be 18 years of age or older and be located within Australia. We do not represent that content available on or through our Services is appropriate for use or available in other locations. If you access our Services from outside Australia, you do at your risk and you are responsible for compliance with laws applicable to your accessing the Services from your location. 
If you are using the Services 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.

Placing an Order
You may order Products through our Services by selecting and submitting your order through our website or mobile application in accordance with these Terms ("Order").
Any Order placed through our Services is an offer by you to purchase the particular Products for the price notified (including the delivery and other charges and taxes) at the time you place the Order.

Acceptance or rejection of an Order
We reserve the right to accept or reject your Order for any reason, including if a requested Product is not available, if there is an error in the price, the product description posted on our website or mobile application, or an error in your Order.
Each Order placed for Products that we accept results in a separate binding agreement between you and us for the supply of those Products. For each Order accepted by us, we will supply the available Products in that Order to you in accordance with these Terms.
If we reject an Order placed, then we will endeavour to notify you of that rejection at the time you place the Order or within a reasonable time after you submit your Order.

Delivery of Products
You may obtain further information on our website or mobile application about our delivery timeframes and how we deliver your Products. At the time you select your Products you will be given an option to select a timeframe for delivery, either as soon as possible or a scheduled delivery window. Although we endeavour to deliver the Products within the timeframe provided at the time of your Order, these timeframes are indicative only. Delivery times may be delayed due to traffic or other unforeseen circumstances and Aircart will not provide any refund or discount on your Order or any delivery fees for late deliveries.
If you select the “leave unattended” option for your Order, we will endeavour to contact you at the nominated delivery address or on your nominated telephone number once we arrive at the delivery address. If we cannot contact you, we will leave your order unattended at your nominated spot at the delivery address, or such other spot which we determine is suitable for delivery at the time. You agree that we will not be responsible for any loss or damage caused to your property or suffered by you in connection with our delivery of the Products to the delivery address.
Cancelling Orders 
You may cancel an Order that you have requested to be delivered at any time after placing the Order up until the point the order has been accepted. 
You acknowledge and agree that:
a)    we are not required or obliged to match any prices for any Products with the price available at retailer stores or vice versa; and
b)    pricing displayed through our Services may differ depending on the postcode you have selected (for example, the price for Products in Sydney may differ to the price for the same Products in Melbourne, or in regional areas).
Just like in supermarkets, prices for Products change from time to time and we do not provide any notice of these changes. Subject to these Terms, once we have accepted your Order, we will not change any prices that apply to the Products in that Order.
If Products that you have ordered are not available and we have not provided you with a substitute, or the Product is a weight-ranged product and is supplied significantly below the maximum weight, then we will provide you with a refund or credit within 3-5 business days, to your original payment method, or by alternative means, to the value of the Products (excluding other Fees) that were not supplied to you.
Substitution or out of stock items
You acknowledge that Products that you order may be out of stock or temporarily unavailable. If this happens, then we may not be able to provide you with those Products.
You also acknowledge that from time to time, there may be purchase restrictions/limits for products that may not be displayed on the app/website and that in such instances we may not be able to deliver the requested quantity. 
We will provide you with a substitute Product if you have elected for us to do so:
a)    when the Products you have selected are not available; or
b)    if we are not able to supply to you the Products that you have selected.
We aim to select substitute Products that are of similar value and quality, but we are under no obligation to do so and reserve the right not to provide you with substitute Products even if a suitable substitute product is available. 
We endeavour to provide you with a substitute Products for all Products you have elected for. However, we also reserve the right to not provide a substitute Product/s for certain products from time to time or any other Products that are specified as such on the Site. 
We will endeavour to provide you with a substitute Product where the price for that substitute Product is of equal or lesser value than the Product you selected. In this case, we will charge you the price of the substitute Product rather than the price of the Product you ordered.
Where a Product that you have selected is substituted with another Product, we cannot ensure that that substitute Product caters to your specific dietary requirements, including allergies. Please read the labels of each Product for dietary and allergy information.
If there are items missing from your delivery or collection, then you should check the receipt that we provided to you to determine if the missing Product is marked as out of stock. If so, you will not have been charged for this Product. 
In all other circumstances, you may contact us and we will take steps to verify and confirm any such missing items. Once we are reasonably satisfied that the item was not delivered to you, we will provide you with a credit to your relevant card account within 3-5 business days for the Products that were charged but not delivered to you.
We act as your agent when purchasing Products
When you use the Services to place an order for Products, you authorise the purchase and delivery of those Products on your behalf. You authorise Aircart to act as your agents in the picking, packing, and/or delivery of Products purchased by you.  You acknowledge that Aircart is no the seller of the Products 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 Products passes to you when they are purchased at the applicable retailer’s store.
How we charge you
When you order Products through our Services, you agree that we may charge the card or account you provide us with for the dollar amount displayed on the Services when you submit your Order.  
Where you provide details of a credit card, you further agree, and hereby provide authorisation, for Aircart to obtain a credit card authorisation for your credit card, on file with Aircart, to cover the cost of the Products you have purchased from the retailer and any separate Aircart fees, and your card will be charged for the Products 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 will only be charged for the Products that are delivered to you and any applicable fees, taxes and/ or tips.  
Credits to your account
You agree that Aircart may provide you with credits to use on the Services.  Aircart may choose to do this at its discretion as part of a promotion, loyalty scheme or to reflect certain adjustments relating to Orders.
At all times, Aircart reserves the right to limit how such credits may be used.  This may include limiting the types of Products that may be purchased using the credits or providing a date on which the credits expire. 
Credits are not redeemable for cash. 
Information provided and displayed
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/or 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. Any prices that Aircart provides are to be seen and used as a guide online.  Aircart is not liable for any actual differences between the price of a Product as displayed on the Services and the price of the Product at the time of purchase.
Additional costs incurred by your use of the Aircart platform may include, but are not limited to, goods, picking, packing, bagging, delivery (including time caused by traffic congestion and other delays).
Delivery of Products
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. If this occurs, Aircart is not liable for any harm that comes from the consumption of perishable foods. 

Our advertised delivery times are to be used as a guide only and Aircart does not accept any liability for the failure to deliver Products within or by the targeted delivery time. 

Aircart grants you a limited, non-exclusive, non-transferable and revocable licence to use the Services for their intended purposes subject to your compliance with these Terms and Aircart’s policies. You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device.
User account
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 keep your password and other account information secure and not disclose it to any third party. 
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us and follow our reasonable instructions.
Aircart has the right to disable any user account at any time.
You must comply with all laws and be respectful
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 Centre. 
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.

Your feedback to us
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.
User-generated content
Some parts of the Services may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials) ("User Contributions").
Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, however by providing any User Contribution on the Services, you grant us and any Third Party Providers and our respective licensees, successors and assigns the right to use, store, reproduce, modify, display, distribute and otherwise disclose to third parties any such material for any purpose according to your account settings.
Aircart has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
Aircart retains the right to remove any User Contributions at any time for any reason at its discretion.
Prohibited uses 
You may use the Services only for lawful purposes envisaged by these terms.  You agree not to copy, modify, distribute, sell, or lease any part of the Services. 
You agree not to use the Services:
•    to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm us our Third Party Providers or users of the Services or expose them to liability;
•    use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services;
•    use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
•    use any manual process to monitor or copy any of the material on the Services or for any other unauthorised purpose without our prior written consent;
•    use any automatic or manual process to reverse engineer or decompile any part of the Services;
•    use any device, software or routine that interferes with the proper working of the Services;
•    introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
•    attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services;
•    attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or
•    otherwise attempt to interfere with the proper working of the Services.
Aircart may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately. 
Complaints and enquiries regarding Products
As outlined in clause 2, Aircart purchase the Products on your behalf as your agent.  To the extent that any warranties relating to the Products are provided to Aircart, we assign them to you. 
If you wish to make any enquiry about the Products or the quality of the Products you purchase through the Services, you must contact the retailer directly.  
Aircart accepts no responsibility for the quality or suitability of any Products purchased through the Services and does not handle customer complaints, enquiries, returns or refunds on behalf of retailers. 

You acknowledge that all rights, title and interest in the Services including in any improvements to the Services (including any intellectual property rights in the Services and any improvements to them, including but not limited to copyright, trade marks, patents, design rights, whether registered or not, remain with Aircart and/or its licensors at all times and nothing in these Terms is intended to transfer such right, title or interest to you.

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.

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. 
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.

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; 
•    makes no representation, warranty, conditions, or guarantee regarding:
o    the quality or suitability of the Products;
o    the reliability, timeliness, quality, suitability, or availability of the Services, any Services provided by Personal Shoppers or Third Party Providers;
o    that the Services will be uninterrupted or error-free; 
o    the quality, suitability, or ability of Personal Shoppers, Third Party Providers, or retailers. 
You accept all risks 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.
To the maximum extent permitted by applicable law, you agree that neither Aircart nor its affiliates, retailers, licensors, or suppliers are 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 retailer, 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.

Subject to the other terms of this clause 8, Aircart excludes all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in this agreement to the maximum extent permitted by law.
Subject to the other terms of this clause 8, Aircart's maximum aggregate liability to you in any 12-month period for any loss or damage or injury arising out of or in connection with this agreement, including any breach by Aircart of this agreement however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the greater of:
a)    $100; and
b)    the actual amounts paid by you under this agreement in the 12-month period preceding the matter or event giving rise to the claim.

Nothing in this agreement is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the ACL, or the exercise of a right conferred by such a provision, or any liability of Aircart in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.
If Aircart is liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, Aircart's total liability to you for that failure is limited to, at the option of Aircart:
a)    in the case of services, the resupply of the services or the payment of the cost of resupply; and
b)    in the case of goods, the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired.
Subject to the other terms of this clause 8, Aircart excludes any liability to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with this agreement, including any:
a)    loss of profits;
b)    loss of sales or business;
c)    loss of production;
d)    loss of agreements or contracts;
e)    loss of business opportunity;
f)    loss of anticipated savings;
g)    loss of or damage to goodwill;
h)    loss of reputation; or
i)    loss of use or corruption of software, data or information.

Nothing in this agreement limits or excludes Aircart's liability:
a)    for death or personal injury caused by its negligence or wilful misconduct or that of its employees or agents as applicable;
b)    for fraud or fraudulent misrepresentation by it or that of its employees or agents as applicable; or
c)    where liability cannot be limited or excluded by applicable law.
You are not entitled to recover loss or obtain payment more than once in respect of any liability or loss that gives rise to more than one claim by you under this agreement.
Where you are or may be entitled to recover from a third party any sum in respect of any matter or event that could give rise to a claim under this agreement, you must:
a)    use your best endeavours to recover that sum before making the claim; and
b)    reduce the amount of the claim to the extent that sums are recovered.
Notwithstanding anything else in this clause 8, Aircart's liability will be reduced to the extent the loss or damage is caused by or contributed to by you or your employees, agents or contractors.
Aircart is not liable in respect of a claim unless you have notified Aircart of the claim as soon as practicable after it becomes aware of it.

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.

Obligation to negotiate in good faith 
If any dispute arises out of the use of the Services, either party may notify the other in writing in which each party must promptly attempt in good faith to resolve the dispute. 
Before either parties may seek to bring their claim before any kind of court or commission for resolution and not before 90 days after written notice in this clause 10 has been made, the parties must in good faith attempt to mediate their dispute. 
Where the parties cannot in good faith agree on a mediator, then the mediator will be a person determined by the President for the time being of the Law Institute of Victoria.  If the Law Institute of Victoria is no longer in existence, then the mediator shall be selected by the head of an organisation with the same or similar objectives.
Nothing in this clause, shall prevent a party from seeking urgent injunctive relief before an appropriate court with respect to a violation of Intellectual Property Rights, confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction.

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.

Force Majeure Event means any circumstance not within a party's reasonable control including, without limitation:
a)    Acts of God, flood, drought, earthquake or other natural disaster.
b)    Epidemic or pandemic.
c)    Terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations.
d)    Nuclear, chemical or biological contamination or sonic boom.
e)    Any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent.
f)    Collapse of buildings, fire, explosion or accident.
g)    Any labour or trade dispute, strikes, industrial action or lockouts.
h)    Non-performance by suppliers, Retailers or Third Party Providers. 
If a party is prevented, hindered or delayed in or from performing any of its obligations under this agreement by a Force Majeure Event (Affected Party), the Affected Party shall not be in breach of this agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
This clause 12 does not extend to or limit your obligation to pay for services already provided. 

13.    GENERAL
Entire agreement
These Terms contain the entire agreement between the parties with respect to its subject matter. Neither of the parties has relied on or is relying on any other representation in entering into this Agreement.

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 must discontinue your use of the Services.

Headings are for convenience only and do not affect interpretation. The following rules apply unless the context requires otherwise.
a)    the singular includes the plural and conversely;
b)    where a word or phrase is defined its other grammatical forms have a corresponding meaning;
c)    a reference to a person includes any body corporate, unincorporated body or other entity and conversely;
d)    a reference to a clause or paragraph is to a clause or paragraph of these Terms;
e)    a reference to any party to these Terms or any other agreement or document includes the party’s successors and permitted assigns;
f)    a reference to any agreement or document (including a reference to these Terms) is to that agreement or document as amended, notated, supplemented, varied or replaced from time to time, where applicable, in accordance with these Terms or that other agreement or document;
g)    a reference to any legislation or to any provision of any legislation includes any modification or re-enactment of it, any legislative provision substituted for it and all regulations and statutory instruments issued under it;
h)    a reference to conduct includes any omissions, statement or undertaking, whether or not in writing;
i)    mentioning anything after includes, including, for example, or similar expressions, does not limit what else might be included; and
j)    all references to $ are to Australian dollars, unless another currency is specified.

Governing law
This agreement and, to the extent permitted by law, all related matters including non-contractual matters, is governed by the Laws of Victoria, Australia. In relation to such matters, each party irrevocably accepts the non-exclusive jurisdiction of courts with jurisdiction there and waives any right to object to the venue on any ground.