AIRSEEKR USER AGREEMENT – TERMS AND CONDITIONS
Airseekr operates an online marketplace which facilitates buyers and sellers in connecting via the Airseekr website.
SCOPE OF AIRSEEKR SERVICES
1.1 Airseekr provides the Airseekr website to enable buyers to post items which they are looking to purchase.
1.2 Sellers may offer goods or services for sale in response to a request from a buyer. The offer details will be viewable to persons who are not members of Airseekr and the general public.
1.3 If a buyer and seller agree terms for sale of a particular item(s), the buyer and seller are taken to have entered into a legally binding Contract.
1.4 Following the creation of the contract, the buyer and seller may amend the contract on the Airseekr website. The buyer and seller are encouraged to communicate privately in this regard.
1.5 Upon agreeing contractual terms, the buyer is liable to pay for the goods purchased from the seller upon receipt of the goods in the advertised condition.
1.6 Upon agreeing contractual terms, the seller is liable to pay the Airseekr service fee (10% of the sale value) and the buyer is liable to pay Airseekr $2.00 per transaction completed.
1.7 Once the buyer confirms the goods have been received from the seller and are substantially as described, the buyer must pay Airseekr the value of the product sold within twenty four (24) hours of the Contract being formed and advise Airseekr that the goods have been received. Upon confirmation of the goods being received by the buyer in the advertised condition, the seller’s 10% service fee will be payable to Airseekr and the buyer will be charged $2.00 per transaction. This is an essential term of using Airseekr’s platform.
2. Airseekr’s Role and Obligations
2.1 Airseekr operates as merely a medium through which to connect buyers to sellers and accepts no liability for any aspect of the buyer and seller interaction, including but not limited to the description, performance or delivery of goods.
2.2 Sellers must be natural persons and agree to provide Airseekr with a copy of their valid photographic identification as an essential precondition to transacting with Airseekr. Sellers may however specify that they represent a business entity however this does not negate the requirement to provide valid photographic identification.
2.3 Registering and creating an account with Airseekr is free. There is no charge for a buyer to post items of interest nor for other Airseekr users to review this content. Liability only incurs upon the entering into a contract between buyer and seller and upon delivery of the goods in their advertised condition.
2.4 At its absolute discretion, Airseekr may refuse to allow any person to register or create an account with Airseekr or cancel or suspend or modify any existing account including if Airseekr reasonably forms the view that a user’s conduct (including a breach of this agreement) is detrimental to the operation of the Airseekr website.
2.5 Airseekr has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by users.
2.6 Except for liability in relation to any Non-excludable Condition under the Australian Consumer Law and New South Wales Fair Trading laws, the Airseekr service is provided without any warranty or condition, express or implied. To the extent permissible by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Any issues arising in this regard are as between the buyer and the seller directly and Airseekr bears no responsibility in this regard.
2.7 Airseekr has no obligation to any buyer or seller to assist or involve itself in any dispute between users, although may do so to improve user experience and as a gesture of goodwill.
2.8 You understand and agree that Airseekr does not undertake any investigation in relation to any buyer or seller before they are admitted to the website, including criminal checks other than the collection of photographic identification for our records. You understand and agree that you are solely responsible for making your own evaluations, decisions and assessments regarding the entering into a transaction. You agree to assume all risks and you agree to expressly release, indemnify and hold harmless Airseekr from any and all loss, liability, injury, death, damage, or costs arising in any way related to the products sold.
3. Buyer and Seller Obligations
3.1 You will at all times: (a) Comply with this agreement and all applicable laws and regulations; (b) Only post accurate information on the Airseekr website; (c) Ensure that you are aware of any laws that apply to you as a buyer or a seller, or in relation to using the Airseekr website.
3.2 You must not use the Airseekr website for any illegal or immoral purpose.
3.3 You must maintain control of your Airseekr account at all time. This includes not allowing others to use your account, or by transferring or selling your account or any of its content to another person.
3.4 You agree that any information posted on the Airseekr website must not, in any way, be potentially or actually harmful to Airseekr or any other person. Harm includes, but is not limited to economic loss that will or may be suffered by Airseekr.
3.5 Without limiting any provision of this agreement, any information you supply to Airseekr must be up to date and kept up to date and must not (a) Be false, inaccurate or misleading or deceptive; (b) Be fraudulent or involve the sale of counterfeit or stolen times; (c) Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy; (d) Violate any applicable law, statute, ordinance or regulation including but not limited to those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws; (e) Be defamatory, libellous, threatening or harassing; (f) Be obscene or contain any material that, in Airseekr’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or (g) Contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of the Airseekr website, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, date or personal information.
3.6 Airseekr may from time to time engage location-based or map-based functionality. Airseekr may display the location of sellers and buyers to persons browsing the Airseekr website. A user should never disclose personal details such as the seller or buyer’s full name, street number, phone number or email address in a post or in any other public communication.
3.7 You must not, when supplying goods, charge a buyer any fees on top of the agreed price plus postage.
3.8 You must not request payments outside of the Airseekr website from the buyer. In the event you do so, you will be contractually liable for payment of Airseekr’s service fee.
3.9 If Airseekr determines at its sole discretion that you have breached any obligation under this clause 3 or that you have breached one or more contracts, it reserves the right to remove any content, posted item or offer you have submitted to the Airseekr service or cancel or suspend your account and/or any contracts.
4.1 You can complain about any comment made on the Airseekr website by contacting us directly via the Airseekr website.
4.2 Airseekr is entitled to suspend or terminate your account at any time if Airseekr, in its sole and absolute discretion, is concerned by any feedback about you, or considers your feedback rating to be problematic for other Airseekr users.
4.3 Airseekr may modify this agreement or the polices (and update the Airseekr pages on which they are displayed) from time to time. It is your responsibility to keep yourself up to date with such modifications.
5. NO AGENCY
5.1 No agency, partnership, joint venture or other similar relationship is created by this agreement. In particular, you have no authority to bind Airseekr, its related entities or affiliates in any way whatsoever. Airseekr confirms that all third party services that may be promoted on the Airseekr website are provided solely by such third party service providers. To the extent permitted by law, Airseeks specifically disclaims all liability for any loss or damage incurred by you in transacting via Airseekr.
6. MEDIATION AND DISPUTE RESOLUTION
6.1 Airseekr encourages you to try and resolve disputes (including claims for returns or refunds) with other users directly. Accordingly, you acknowledge and agree that Airseekr may, in its absolute discretion, provide your information as it decides is suitable to other parties involved in the dispute.
6.2 If a dispute arises with another user, you must co-operate with the other user and make a genuine attempt to resolve the dispute.
6.3 Airseekr may elect to assist users resolve disputes. Any user may refer a dispute to Airseekr. You must co-operate with any investigation undertaken by Airseekr. Airseekr reserves the right to make a final determination (acting reasonably) based on the information supplied by the users. You may raise your dispute with the other user or Airseekr’s determination in an applicable court or tribunal.
6.4 Airseekr may recommend a third party dispute resolution service. If such a service is provided, either party may request the other party to submit to the third party dispute service if the parties have failed to resolve the dispute directly. The third party dispute costs will be borne by the users.
6.5 If Airseekr provides information about other users to you for the purposes of resolving disputes under this clause, you acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to Airseekr for any costs, losses or liabilities incurred by Airseekr in relation to any claims relating to any other use of information not permitted by this agreement.
7.1.1 Either you or Airseekr may terminate your account and this agreement at any time for any reason.
7.1.2 Termination of this agreement does not affect any contract that has been formed between buyers and sellers.
7.1.3 If your account or this agreement are terminated for any reason then you may not without Airseekr’s express consent (in its absolute discretion) create any further accounts with Airseekr and we may terminate any other accounts you operate.
8.1.1 This agreement is governed by the laws of Australia and your respective State or Territory.
8.1.2 The provisions of this agreement are severable, and if any provision of this agreement is held to be invalid or unenforceable, such provision may be severed and the remaining provisions enforceable.
8.1.3 This agreement sets out the entire understanding and agreement between the user and Airseekr with respect to its subject matter. - Returns/refunds, exchanges (if a seller doesn’t come to an agreement with the buyer over a return/refunds, Airseekr has no responsibility for it.
APPENDIX A – STANDARD BUYER/SELLER CONTRACT
Unless otherwise agreed, the buyer and seller enter into a contract on the following terms:
. Commencement Date and Term
1.1 The contract is created when the buyer accepts the seller’s offer for the sale of goods.
1.2 The contract will continue until terminated in accordance with the Terms and Conditions of Airseekr.
2.1 Each party warrants that the information provided in entering into the contract is true and accurate.
2.2 The seller warrants it has clear title and the legal right to sell the good(s) to the buyer.
3. Payment or Cancellation
3.1 Upon confirmation of receipt of goods, the buyer must pay the agreed price to the seller and the seller and buyer agree to pay the agreed service fee as described at Clauses 1.6 and 1.7 of the Airseekr Terms and Conditions.
4. Limitation of Liability
4.1 Except for liability in relation to a breach of a Non-excludable Condition, the buyer and seller exclude all consequential loss arising out of or in connection to the goods, and any claims by any third person, or the contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
5.1 If a dispute arises between the parties, the parties will attempt to resolve the dispute within fourteen (14) days by informal negotiation (by phone, email or otherwise).
5.2 If the parties are unable to resolve the dispute in accordance with clause 5.1, either party may refer the dispute to Airseekr.
6. Termination of Contract
7.1 The Contract will terminate when: (a) the goods have been received and the buyer has paid the agreed price to the seller and the seller has paid the agreed service fee to Airseekr. (b) a party is terminated or suspended from the Airseekr website, at the election of the other party; (c) otherwise agreed by the parties; (d) notified by Airseekr in accordance with the party’s Airseekr agreement.
7. Governing Law
7.1 The Contract is governed by the laws of the jurisdiction from where the seller sends the goods to the buyer.
NEW SOUTH WALES AND AUSTRALIAN LAWS
1. The Airseekr agreement is governed by the laws of New South Wales, Australia and any applicable Commonwealth of Australia Laws, including but not limited to the Australian Consumer Law. You and Airseekr submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia; and
2. The exclusions and limitations of liability shall be as follows: (a) Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, Airseekr specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods supplied), arising out of or in way connected with any transaction between buyers and sellers. (b) Airseekr is not liable for any consequential loss arising out of or in any way connected with the Airseekr website.
“Agreement” means the most updated version of the agreement between Airseekr and a buyer/seller. “Agreed Price” means agreed price for goods (including any variation). “Airseekr website” means www.airseekr.com and any associated methods of accessing the Airseekr services including but not limited to mobile phone or tablet applications. “Business Day” means a day on which banks are open for general business in the jurisdiction where buyers/sellers have their Airseekr account, other than a Saturday, Sunday or public holiday. “Consequential Loss” means any loss, damage or expense recoverable at law: (a) Other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or (b) Which is a loss of opportunity or goodwill, profits, anticipated savings or business, data or value of any equipment and any costs or expenses incurred in connection with the foregoing “Non-excludable Condition” means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void. “Occurrence” means each individual occurrence of goods sold. “Offer” means an offer made by a seller in response to a buyer to supply the goods. “Service fee” means the agreed service fee payable to Airseekr for selling goods to a buyer.