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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.

PLEASE NOTE THAT, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE AIR TRAVELLERS PROVIDING SHIPPING SERVICES TO CUSTOMERS. AIRDELY SCREENS AND CERTIFIES ALL THE CONTENTS CONTAINED IN PACKAGES AND THE CONDITION, LEGALITY OR SUITABILITY OF ALL ITEMS AND LUGGAGE. AIRDELY SHALL PROVIDE TO AIR TRAVELLER A MANIFEST INCLUDING PHOTOS, DESCRIPTIONS AND VALUES OF ALL SHIPMENTS.  AIR TRAVELLERS ARE WELCOME TO INSPECT ALL SHIPMENTS PRIOR TO ACCEPTING THE SHIPMENT.

Members also acknowledge and agree that they are users of the AIRDELY Platform only, and that they are not AIRDELY employees, joint venturers, partners, or agents whatsoever. AIRDELY does not have the right to control and does not control Members, or the relationships between them or the subject matter of such relationships. While we may provide information that may be helpful in assisting you to evaluate another Member, and their status in the AIRDELY community, AIRDELY does not endorse any particular Member. To promote the AIRDELY Platform and to increase exposure to potential Members, content from the AIRDELY Platform may be displayed on other websites, applications, other communications (including email or SMS or other text message services), and in online and offline advertisements. To assist Members who speak other languages, content from the AIRDELY Platform may be translated, in whole or in part, into other languages and where done so, AIRDELY does not guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of them.

GENERAL

When ordering AIRDELY’s services, you (as “Shipper”, “Customer”, “Sender”) are agreeing, on your behalf and on behalf of the receiver of the Shipment (“Receiver”, “Recipient”) and anyone else with an interest in the Shipment that these Terms and Conditions shall apply.

If you are using the Site, Application or Services, you are contracting with AIRDELY TECHNOLOGIES PTE LTD. with respect to use of the AIRDELY Site, Application or Services with respect to any payments or payouts from or to you conducted through the Site, Application or Services.

AIRDELY provides an online platform that enables air travellers to become Couriers for customers (“Senders”) seeking to ship items with an air traveller (the “Services”, courier), which Services are accessible at http://www.AIRDELY.com and any other mobile application and/or websites through which AIRDELY makes the Services available (collectively, the “Site”) and as applications for mobile devices (the “Application”). By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”, Terms and Conditions), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and AIRDELY. Please also read carefully our Privacy Policy. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.

AIRDELY TECHNOLOGIES PTE LTD, also trading as: AIRDELY and www.airdely.com has its registered office in Singapore and is registered under the business licence number UEN 201820496G.

The Terms represent the conditions of AIRDELY TECHNOLOGIES PTE LTD, hereinafter called "AIRDELY" and its counterparties. Other parties include, principal, customer, sender, receiver, supplier, air traveller, courier, carrier and user for the supply of goods and/or services, mediation and/or advice, software and/or web services, which are or will be delivered or made available by AIRDELY requested by the customer, particularly under contract of purchase, sale and/or assignment. The terms and conditions may be amended from time to time without prior notice.

“Advertisement” means any promotion messages and information that may appear on your mobile device during the operation of the App.

“AFS” means AIRDELY Fulfillment Services.

“Air traveller” means any air fare paying passenger whom is willing to courier/carry/deliver the parcel for AIRDELY from the departure airport or venue as specified by the Customer to the destined airport or any location as deemed necessary as specified on the parcel address label.

“App” means the “AIRDELY” mobile application supplied by us and downloaded and installed by you on your mobile device through which you may obtain the Services.

“Dangerous goods” is anything you may ask us to deliver that could put the health and safety of other people at risk. This includes (but is not restricted to) explosives, radioactive material, and items requiring specialist treatment or handling during transportation.

"Delivery Address" means the full postal address (including the post code) specified on the Address Label.

“Chargeable mass” means the greater of the actual or the volumetric mass of a parcel, given that the volumetric weight of a parcel shall be calculated as follows: LxWxH/5000.

“Charges” mean any fees, any surcharges, any cost, or any postage payable by the customer in connection with any AIRDELY Services.

“Consignee”, “Receiver” and/or “Recipient” means the recipient of the goods/parcels, as specified by the Customer of which the name, address and contact number as specified on the Address Label.

"Consignment" and/or “Shipment” means all documents or parcels, any goods, whether a single item, in bulk or a number of separate items to be delivered to the same Recipient/Consignee (including any of them or any part of them) which may be carried by any means AIRDELY chooses, including by land, air and sea transportation or any other carrier. The service to be provided by AIRDELY is limited to the pickup, transportation and delivery of the shipment. Customer acknowledges that shipments may be consolidated with those of other requestor. Every shipment is transported on a limited liability basis as provided herein. If Customer requires greater protection, then insurance may be arranged at an additional cost.

“Courier”, “Collection”, “Delivery”, “Carry”, and/or “Sending” means the service provided by AIRDELY for the transport of goods in terms of these general terms and conditions, relating to the receipt, collection, transport and delivery of the goods, and all related activities undertaken by AIRDELY in the performance of the service to the Customer.

“Customer” means any company or any individual who applies or subscribes for AIRDELY Services and reflected on the dispatch document as the sender of the goods, whether acting on his own behalf or in his capacity as an agent or in any other capacity for a third party.

“GST” means the prevailing tax imposed under the Goods and Services Tax Act.

“Handling of the goods/parcels” includes the goods/parcels being handled, warehoused, held, controlled, loaded or unloaded, carried or otherwise possessed by AIRDELY for any purpose whatsoever.

“IATA” means International Air Transport Association.

“ICAO” means International Civil Aviation Organization.

“Item Size” means the total sum of width(cm), length(cm) and height(cm).

“Operation Days” means Mondays to Fridays 9am to 6pm, excluding Saturday, Sundays and Public Holidays.

“Parcel Size” means the total sum of width(cm), length(cm) and height(cm).

“Participating Providers” means the Customer, Air traveller, delivery agent, or courier agent whose transport and logistics services are offered and may be requested through the use of AIRDELY.

“Prohibited Goods” are goods that not allowed to be brought into a particular country. It is an offence to attempt to bring prohibited good into a country.

“POD” means the Proof Of Delivery. “Proof of Delivery” means a signature (digitally or electronically), photograph, obtained from the consignee acknowledging that the consignment has been received.

“POP” means the Proof Of Pickup.

“Restricted Goods” (or “Controlled Goods”) are goods require an import permit, meeting certain conditions or authorisation form from the relevant competent authority to be brought into a country. You must present the permit or authorisation form to the checking officer at the custom.

“Services” refer to the operations managed by AIRDELY to distribute your details and details of your proposed journey or delivery submitted to AIRDELY through the software to participating Air travellers and Customers for their acceptance and to provide you with other information on the relevant participating Air travellers, the journey or delivery, and on your use of the services.

“SGD” means Singapore dollars, the lawful currency of Singapore.

“Singapore” means the Republic of Singapore.

"Value" means, in respect of any shipment/consignment, the lesser of the cost and the market value of such shipment/consignment.

“VAT” means the prevailing tax imposed under the Value Added Tax Tax Act.

“Waybill” means the pre-printed written/electronic/digital document prepared by AIRDELY and completed and signed by the Customer, containing the written instructions of the Customer for the courier of the goods, and forming the agreement/contract between the parties, subject to these general terms and conditions.

"We", “our”, “us”, “AIRDELY”, “the Company” means AIRDELY Technologies Pte Ltd and includes our employees, agents and sub-contractors.

“You”, “your” means the customer including any employee, agent or subcontractor acting on your behalf who asks us to provide a delivery of a shipment/consignment is accepted by us.

The customer may verbally or in writing, or via the website or mobile application of AIRDELY or otherwise make use of the AIRDELY goods or services offered, whether or not they form of a long term contract.

These Terms and Conditions supersede all previous published terms and conditions of AIRDELY. AIRDELY reserves the right to change these terms and conditions without prior notice.

AIRDELY reserves the right to enforce these Terms and Conditions. Strict compliance may not always be enforced across all conditions, and where they are not, this does not mean that it renounces the right to apply to the remaining conditions.

These Conditions are published both in print and electronically on the website www.airdely.com. The electronic version on the website of AIRDELY will take precedence over the printed form.

If this agreement is made in a language other than English, then any difference in content or scope, the English text will prevail.

SERVICE

AIRDELY is a platform that enables and facilitates peer-to-peer delivery services involving Customers and Air travellers. In order to use AIRDELY as either a Customer or an Air Traveller, you must first become a Member by establishing an AIRDELY account.

AIRDELY shall use its reasonable efforts to deliver the parcel from customer’s address to the recipient’s address provided by the Customer.

The local delivery in the destination country shall be done according to the terms & conditions of the local courier services company (local delivery agent) designated by AIRDELY.

ELIGIBILITY, APPLICABILITY and APPLICABLE REGULATIONS

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older who can form legally binding contracts under applicable law, and who properly create a valid account as explained below (valid account holders, whether Customer, Air traveller, delivery agent, the recipient, and courier services may also collectively be referred to in these Terms as “Members”). By accessing or using the AIRDELY Platform, You represent and warrant that you are eligible to do so.

These Terms and Conditions apply to the legal relationship between AIRDELY and the customers, delivery agents and air travellers regardless of location of the party and regardless of where it is established or implemented.

Furthermore, this agreement applies to all requests, offers, price lists, quotations, order confirmations, web services, and to close contracts, work of AIRDELY and its staff on the sales, delivery of service and/or goods, execution of advisory assignments and/or mediation, or the implementation of transport and/or logistics services between AIRDELY and any party or successor.

To access some of our features and services, you will need to validly register for an account and to become a Member. You are only eligible to have one (1) Account at a time, and are not allowed to transfer your account at any time to another person or entity. As indicated above, by doing so, you represent and warrant that you are over the age of eighteen (18) and are capable of entering into legally binding agreements in the relevant jurisdiction (s).

Orders made with AIRDELY are made under our Terms and Conditions. AIRDELY does not recognise Customer Terms and Conditions even when these are expressly referred to in advance.

If at any stage of the contractual service, there is a conflict between the AIRDELY Terms and those of the Customer, AIRDELY Terms will prevail, except, where there has been specific acceptance in writing to the contrary.

Once the terms and conditions are accepted, they apply without further notice for new services and agreements between the parties, unless specifically excluded.

In any conflict about these Terms and where a mandatory provision of law disputes the conditions the remaining provisions of these Terms remain in full force. AIRDELY will replace the invalid provision with a legally permissible condition.

AIRDELY reserves the right to change the terms of the conditions of third parties and to apply these if they relate to the performance of work, relevant to the respective order.

These Terms and any ensuing or related disputes are governed by Singapore law.

All disputes arising out of or resulting from an agreement or practice to which these Conditions apply, shall be decided by the competent court of Singapore in the absence thereof, except pursuant to mandatory law another jurisdiction.

Air travellers are responsible for any Tax consequences, if any, that may result from your earning from AIRDELY.

If any provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

AIRDELY may suspend or terminate the air traveller or customer account at any time for any reason without prior notice.

AIRDELY reserves the right to suspend accounts or remove the accounts if we notice any activity that we believe is abusive, fraudulent, or in violation of the AIRDELY Terms and Conditions. We reserve the right to review and investigate all activities and to suspend accounts in our sole discretion as deemed fair and appropriate.

Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of AIRDELY, to the non-exclusive jurisdiction of the courts of, and governed by the law of Singapore irrevocably submits to such jurisdiction, unless contrary to applicable law.

The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.

ACCOUNT REGISTRATION, MEMBER VERIFICATION and OTHER MEMBER REPRESENTATION and WARRANTIES

To create a Member account, You must create a password-protected account (“Account”). You MUST register for an Account using Your valid email, handphone number and creating a password. After registration you may also log in using your existing third party networking accounts that are enabled by AIRDELY now or in the future such as Google, or Facebook, Twitter or others (“Third Party Networks”), if any. On completion of registration, you will need to activate your account by verifying your handphone and email. As a Member, You agree to provide accurate, current and complete information during the Account registration process and at all other times when You use the AIRDELY Platform, and to continually update information sufficient to keep it accurate, current and complete. You and You alone are responsible for safeguarding your AIRDELY Account password and other information, if applicable to a Third Party Network, and You are solely responsible for all activity that occurs on or through your Account or Third Party Network created account and that You will immediately inform AIRDELY of any suspected unauthorized use. AIRDELY is not liable or otherwise responsible for any loss or damage that any party claims is caused in whole or part by unauthorized use of Your Account. Notwithstanding the foregoing, You may, however, be liable or responsible to AIRDELY or third parties due to unauthorized use of Your Account.

You acknowledge and agree that, as permitted by applicable laws, AIRDELY may in its sole discretion, but is not obligated to, obtain reports from consumer reporting agencies or otherwise review publicly available information about Members, including sexual offender registration lists or databases compiling information about criminal convictions relating to, without limitation, crimes of violence, theft, burglary, conspiracy, abuse, neglect, fraud, dishonesty, perjury, forgery, embezzlement, cyber crimes, identity theft, drug related offense, obstruction, organized crime, prostitution, warrant violations, weapons offenses and crimes which endanger the life or property of others. By accessing or using the AIRDELY Platform, You authorize us to use Your personal information (including name, address, date of birth or other identifying information) to obtain these reports and agree that we may, in our sole discretion suspend, cancel, block, restrict or terminate Your access to the AIRDELY Platform based upon Our evaluation of such reports, again in our sole discretion. If we undertake an effort to verify Your background through these or other methods (which we are not obligated to do under these Terms), and choose to identify you as “Verified,” such a notation shall mean nothing other than that You completed a verification or identification process and shall not constitute an endorsement of You or any other Member to the public or to any Member.

SMS, TEXT MESSAGING or EMAIL

By creating an Account, and becoming a Member, You agree that We may send you text (SMS) messages and/or email as part of the normal business operation of Your use of the AIRDELY Platform. Such uses include without limitation, to provide You with information you requested from AIRDELY or its Members, to let you know about features, functions, improvements or changes to the Platform or other aspects of your Account.

These text (SMS) messages may be automated or non-automated, and while AIRDELY does not charge You to send or receive such messages, message and data rates may still apply by your carrier or other provider. You may opt-out of receiving text (SMS) messages from Us at any time by contact us. You acknowledge that opting out of receiving text (SMS) messages may impact Your use of and ability to fully use the AIRDELY Platform.

PROHIBITED CONDUCT

Regardless of whether you access or use the AIRDELY Platform with or without an account, by accessing, searching on or using the AIRDELY Platform in any way, You agree that will not:

a. Use another person’s Account, to misrepresent yourself, Your identity or qualifications or transactions.

b. Violate any federal, state, local, national or international law, or any rule, regulation, tariff or duty, including customs laws or regulations that may apply to You or to Your relationship with other Members or shipments.

c. Use any automated system including but not limited to robots, spiders, offline readers, crawlers, scrapers to access, copy, maintain or compile the AIRDELY Platform or content thereon for any purpose without AIRDELY’s prior written approval.

d. In any manual or automated way copy, appropriate, use or disclose any copyrighted text, or other intellectual property, rights of publicity, privacy or contract rights or otherwise misuse or misappropriate AIRDELY Platform information or content including but not limited to, use on a mirrored, competitive, or third-party site.

e. Transmit more request messages through the AIRDELY Platform in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.

f. Take any action that (a) may unreasonably encumber the AIRDELY Platform’s infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the AIRDELY Platform; (d) circumvents, disables or otherwise interferes with security features of the AIRDELY Platform; (e) distributes viruses or any other technologies that may harm AIRDELY or users; (f) uses the AIRDELY Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates and fees, fee structure or billing claimed or owed as a result of interaction, relationships or transactions that may be facilitated on the AIRDELY Platform.

g. As a Member, use the AIRDELY Platform in any manner that circumvents Your obligation to pay AIRDELY or another Member as agreed.

h. “Stalk,” or harass or intimidate any other Member or user of the AIRDELY Platform; or collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the AIRDELY Platform, or use the communication systems provided by the AIRDELY Platform for any reason not explicitly authorized by these Terms, including but not limited to commercial solicitation purposes.

i. Recruit, solicit, or contact in any form Members for employment or any other use not specifically intended by the AIRDELY Platform.

j. Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful content to or through the AIRDELY Platform, including without limitation content that is hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law.

k. Violate any AIRDELY policies that govern or relate to Your use of the AIRDELY Platform and interactions with You and third parties.

l. Take any action that may undermine the efficacy or accuracy of reviews or ratings systems maintained by AIRDELY and which relate to Members.

m. Registering for more than one (1) AIRDELY Account or registering for a AIRDELY Account on behalf of an individual other than Yourself or transferring or purporting to transfer your AIRDELY Account to any other person.

n. Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the AIRDELY Platform; and

o. Attempt to indirectly undertake or achieve any of the foregoing.

THIRD PARTY GENERATED CONTENT

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content created wholly by You or third parties and that is not created in whole or part by Us (“User Content”), which may include but is not limited to profile information, information about AIRDELY or relationships and similar content. By making available User Content to Us, You grant to AIRDELY an irrevocable worldwide, perpetual, non-exclusive, transferable, royalty-free and fully paid up license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, perform, transfer, display, publicly perform, stream broadcast, access, view and otherwise exploit (by means now known or to be developed in the future) the User Content on the AIRDELY Platform and for any other purpose in our sole discretion, except that private messaging through the AIRDELY Platform will not be used by AIRDELY in public advertising. The license granted by You to AIRDELY will survive termination of these Terms and shall survive termination of the AIRDELY Platform, if any, or termination of Your Account. AIRDELY does not claim any ownership interest or rights in Your User Content and nothing in these Terms shall be deemed to restrict rights You may have in Your User Content.

You acknowledge and agree that AIRDELY has no role in the creation, either in whole or in part, of User Content you provide to AIRDELY or to the AIRDELY Platform and that You alone are solely responsible for all User Content that You make available, including without limitation Requests, Offers and Acceptances, and the information that may be contained therein. You thus represent, warrant and agree that (i) you either own or have all necessary rights, licenses, consent and releases necessary to grant AIRDELY the rights in User Content under these Terms; (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of User Content or AIRDELY’s use of Your User Content (in whole or part infringes, misappropriates or violates any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property or proprietary rights or result in violation of any applicable law, rules, regulation or court order. You acknowledge and agree that AIRDELY may exercise any traditional editorial function as to User Content including but not limited to proofreading, editing, summarizing, digesting or other editing without becoming the author of such content, and that it remains Your sole responsibility to monitor your User Content and to guarantee that any such edited User Content is accurate and consistent with your representations, warranties and agreements in these Terms.

We reserve all rights, in our sole discretion to remove, suspend, disable access to or otherwise to restrict access to the AIRDELY Platform or to User Content that We consider to be a violation of these Terms, AIRDELY policies and procedures, We consider harmful to the AIRDELY Platform, to AIRDELY or to any other Member or third party or which We consider to be otherwise objectionable or for any other reason.

OFFER and ACCEPTANCE

AIRDELY makes available an online platform or marketplace with related technology for Customers and Air travellers to list trips and Senders to place shipment orders. AIRDELY staff or employees, or affiliates are not the Senders.

Members (Customers and Air travellers) create an account by entering their cell phone number, email address and a password. Air traveller will be required to provide a photo of their national ID card (front and back) and passport for identity confirmation before their first delivery task can be assigned. Air traveller may also be required to provide their bank name and bank account, visa card number or paypal account in order to receive payment and for tax purposes. Air travellers list their air travel itinerary details and how much luggage weight is available for courier shipping.

Air travellers will receive notification if they have a Shipment at least 6 hours before departure. AIRDELY staff or contractors will arrange delivery of Shipment to Air travellers at their departure airport and pickup from destination airport. If there is no notification to Air travellers to collect parcel for shipment, he may check with the AIRDELY Centre before departure or call AIRDELY customer service hotline if there is any parcel to be shipped to his destined airport.  

Air travellers can view their income balance at anytime in their account view. Air travellers enter a valid bank account and request a withdrawal at anytime. Funds are usually available within 3 days after a confirmed delivery.

AIRDELY makes available an online platform or marketplace with related technology for Customers and Air travellers to list trips and Senders to place shipment orders. AIRDELY staff or employees, or affiliates are not the Senders.

Air travellers are required to be at least 18 years old, and have a valid bank account. Air travellers will be required to upload a copy of their national ID card (front and back) and passport for confirmation and to act as the carrier/courier for AIRDELY.

AIRDELY reserves the right without giving reasons to refuse an order. A refusal of an order for whatever reason, can never give rise to any claim for damages by the customer in respect of AIRDELY.

Verbal promises by the employees and representatives, intermediate and/or assistants of AIRDELY are binding only if confirmed in writing.

Data, including those relating to the contract, the bill of lading, invoice and other documents are exchanged electronically, in the event of a dispute, the admissibility of electronic messages is not disputed. Electronic messages have the same evidential value as written, unless such messages between the parties have an agreed format and the security level and format are not in the manner agreed stored or recorded.  

The AIRDELY website and related Web links can be used by Customers and Air travellers. None of these websites or companies to whom they belong is controlled by AIRDELY. AIRDELY offers no warranty as to the information provided or made available on such sites nor the quality or acceptability of goods, services or software used by such persons or entities in any of these web sites are.

Without prejudice to its own responsibilities, AIRDELY can involve third parties to complete an order without prior permission. AIRDELY can also alter its relationships with the carriers, Air traveller, and delivery agents without prior permission. Air travellers and delivery agents carrying the parcel for the customer will carryout their tasks to the best of their knowledge and ability. This obligation has the character of a 'best efforts’ obligation.

SUB-CONTRACTING

AIRDELY is not a common carrier, and reserve the right at our absolute discretion to subcontract any part or parts of a delivery by employing the services of any other person, firm or company who shall also have the power to subcontract.

AIRDELY may employ any person as our agent, sub-contractor or otherwise in the performance of any of our obligations under these Conditions. We enter into these Conditions on behalf of such persons who will be entitled to the benefit of them and will have no greater liability to you than we do.

AIRDELY reserves the right to employ sub-contractors or agents to act for it. Where, and in the event that AIRDELY so employs independent third parties to perform all or any of the functions required of AIRDELY.

AIRDELY can use any method or route to deliver your shipments, including using subcontractors or agents. Your rights will not be affected where subcontractors are used by us. No subcontractor or agent shall be under any greater liability to you than we are, and we enter into this agreement with you on the basis that they are entitled to the limits of liability contained in these terms.

The terms and conditions stipulated by such independent third party in respect of the courier of the goods shall be binding on the Customer as if specifically incorporated in the agreement, except if in conflict with the terms of this agreement, in which this agreement shall prevail.

In the event that AIRDELY is suitably indemnified against all costs (including but not limited to attorney and own clients costs) by the Customer, the Customer authorises AIRDELY to take any such necessary action to contest, defend and/or compromise against any claim and/or action brought by a third party in respect of any act or mission of the Customer in relation to the goods.

CONSIGNMENTS/SHIPMENTS

The Customer warrants that all consignments and their packaging will be fit and safe to be handled and carried by us. No Consignment will exceed any size or weight restrictions which AIRDELY from time to time specify.

The Customer warrants that no Consignment will contain any bullion, antiques, cashiers or travellers cheques, currency, stamps, firearms, money orders, cigarettes, precious stones or metals or negotiable instruments in bearer form and will have no liability (whether caused negligently or otherwise) for loss, damage, mis-delivery or non-delivery or late delivery of the same.

Unless we agree in writing, before transit commences, we do not carry and the Customer warrants that no Consignment will contain any perishable goods, food, liquids, plants, drugs, medicines or alcoholic beverages and we will have no liability (whether caused negligently or otherwise) for loss, damage, mis-delivery or non-delivery or late delivery of the same.

The Customer will indemnify AIRDELY and keep us indemnified against any costs, expenses, liabilities, injuries, losses, damages, claims, demands, proceedings or legal costs and judgments which we suffer as a result of a breach of the warranties by the Customer.

The Customer warrants that that our transit system is not suitable for carrying glass, china, ceramics, pottery, stoneware, fossils, antiques and works of art, or similar such materials and we will have no liability (whether caused negligently or otherwise) for any damage caused to the same.

A Shipment is deemed unacceptable if no customs declaration is made when required by applicable customs regulations, it contains counterfeit goods, animals, bullion, currency, gem stones; weapons, explosives and ammunition; human remains; illegal items, such as ivory and narcotics, it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods) or other relevant organization (“Dangerous Goods”), its address is incorrect or not properly marked or its packaging is defective or inadequate to ensure safe transportation with ordinary care in handling, it contains any other item which AIRDELY decides cannot be carried safely or legally.

If the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay Customs Duties or other Shipment charges, AIRDELY shall use reasonable efforts to return the Shipment to Customer at Customer’s cost, failing which the Shipment may be released, disposed of or sold without incurring any liability whatsoever to Customer or anyone else, with the proceeds applied against Customs Duties, Shipment charges and related administrative costs with the balance of the proceeds of a sale to be returned to Customer. AIRDELY shall have the right to destroy any Shipment which any law prevents AIRDELY from returning to Shipper as well as any Shipment of Dangerous Goods.

AIRDELY has the right to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons.

Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver’s address given by Customer but not necessarily to the named Receiver personally.

Shipments carried, or handled, by us may be subject to security screening which could include the use of x-ray, explosive trace detection and other security screening methods and you accept that your shipment may be opened and the contents of your shipment may be examined in transit.

The Customer declares the shipment is packed and prepared or for the performance by us of other services, in secure premises using reliable staff employed by the customer and that the shipment has been safeguarded against unauthorised interference during preparation, storage and transportation immediately prior to acceptance for carriage of the shipment by us or for the performance by us of other services.

AIRDELY do not accept shipments that contain prohibited items.

AIRDELY may be required to share information, including your personal data for your shipment with the shipment destination country authorities or transit country authorities for customs and/or security reasons and to any third party for the last mile delivery to your destined address.

AIRDELY shall not be responsible to provide a protective service for the transportation of perishable commodities or commodities requiring protection from heat or cold. Such commodities will be accepted for transportation solely at the customer’s risk for any damages arising from the transportation. The shipment is properly addressed and packaged. If, in our opinion, the packaging is not sufficient, we may either refuse to deliver it, or may repack it to the required standard. A packaging charge will be made to you for any such repackaging.

In the case of a shipment which is susceptible to damage by bending, that the shipment shall be packed in a case or container of sufficient durability and strength to prevent the shipment from being bent or otherwise damaged during the course of delivery and such case or container shall bear the words “DO NOT BEND” prominently displayed in capital letters on the face of the case or container and above the address of the named addressee.

CUSTOMER’S RESPONSIBILITIES

The parcel should be packed in a reasonably strong case, wrapper, container or carton box appropriate to its contents, and so that no part of the contents can be removed without either breaking or tearing the case, wrapper, container or carton box, or forcing two adhesive faces apart, or breaking a seal.

All contents of the parcel are adequately packed so as to protect against damage in the course of transportation and in particular, but not limited to:

The Customer must provide the below information to AIRDELY:

By agreeing to these Terms, and in accessing or using the AIRDELY Platform, Customers appoint AIRDELY as their respective limited payment collection agent, authorized to receive and collect payments for transactions entered into between Members, including (i) delivery cost, (ii) domestic delivery/collection cost, (iii) surcharges, (iv) insurance fee, if any, and (iv) Taxes and other Government Regulatory Fees (for example, without limitation, duties, taxes, tariffs or government charges) payments made by Customer to AIRDELY and Air traveller in connection with a delivery order. You further agree that AIRDELY’s obligation to remit payments to Air travelers is conditioned upon and extends only to sums that it has successfully delivered the parcel to the recipient. In accepting appointment as the limited payment collection agent, AIRDELY assumes no liability for any acts or omissions of Customers or Air travellers, Members or any other person. As limited payment collection agent, AIRDELY assumes no liability or obligation for any funds or obligations owed by Customers that were not collected by AIRDELY in its role under this Paragraph.

PRICES, COSTS and RATES.

In the absence of any written agreement to the contrary, the remuneration payable to the Company by the Customer shall be in accordance with the standard tariffs of the Company calculated on the chargeable weight of the goods, the destination of the goods, the service level selected by the Customer for the courier of the goods.

AIRDELY’s standard tariffs are subject to review by the Company without prior notice to the Customer.

The Customer shall be liable for any duty, tax, fine or other outlay of whatsoever nature levied by authorities at any port or place in connection with the goods, and shall reimburse the Company for any such amount sustained by the Company in connection therewith.

AIRDELY’s Shipment charges are calculated according to the higher of actual or volumetric weight per piece and any piece may be re-weighed and re-measured by AIRDELY to confirm this calculation.

Customer, or the Receiver when AIRDELY acts on Receiver’s behalf, shall pay or reimburse AIRDELY for all Shipment or other charges due, or Customs Duties owed for services provided by AIRDELY or incurred by AIRDELY on Customer’s or Receiver’s behalf. Payment of Customs Duties may be requested prior to delivery.

If AIRDELY uses its credit with the Customs Authorities or advances any Customs Duties on behalf of the Customer or Receiver who does not have an account with AIRDELY, AIRDELY shall be entitled to assess a fee.

AIRDELY’s liability is strictly limited to direct loss and damage to a Shipment only and to the per kilogram limits. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to AIRDELY’s attention.

AIRDELY will make every reasonable effort to deliver the Shipment according to AIRDELY’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. AIRDELY is not liable for any damages or loss caused by delay, but for certain Shipments, Shipper may be able to claim limited delay compensation.

All claims must be submitted in writing to AIRDELY within 48 hours upon receipt of the shipment by the recipient, failing which AIRDELY shall have no liability whatsoever. Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith.

The orders are executed at the time by AIRDELY with delivery prices and general terms in force when the booking is confirmed, unless the Customers expressly agreed otherwise in writing. All prices exclude Goods and Services Tax (GST), warehousing, shipping, transportation, insurance or other charges which relate to the order and/or contract are payable. Prices for additional services or surcharges quoted on the website by AIRDELY are indicative prices and cannot be legally binding. Courier delivery orders can be subjected to a minimum order handling charge.

If the order is carried out but is at a different price agreed upon, because the price charged at the time of delivery is after the date of the conclusion of the contract, for whatever reason, AIRDELY is entitled to raise the agreed price accordingly if and when the increase is reasonable, unless the customers expressly agreed in writing that a the price was fixed. Among cost factors not displayed and not inclusive in the prices: materials, packaging, recall or transportation, fuel surcharges, duties, taxes or other charges, currency fluctuations, travel time, travel and accommodation and other delivery/collection related expenses.

AIRDELY has no obligation to provide surety from its own resources for the payment of freight, duties, levies, fines, taxes and / or other costs, if they are required. All the consequences of not immediately complying with an obligation to provide surety shall be borne by the Customer.

AIRDELY pays the additional fees raised ahead and charges it to the Customer. AIRDELY will take a standard 10% levy/commission fee payment. If the Customer pays the amount initially and directly, there is no commission payment by AIRDELY. If these charges on a shipment are more than SGD500, the Customer will be contacted. The Customer is requested to meet the cost by telephone before consignments are delivered. Alternatively a written confirmation from the Customer that the costs including 10% commission payment will be accepted.

The Customer shall at all times, be liable to AIRDELY for all costs incurred, such as improperly calculated rates, measuring and weighing differences and other legitimate expenses charged by the carrier. A levy of 10% will be added to these charges.

All prices, rates, charges, financial obligation, amount and/or value are expressed in Singapore Dollars (SGD), excluding any taxes, fees and/or taxes.

In the event of AIRDELY being obliged to take out or obtain any licences or permits or to comply with any lawful authority, AIRDELY shall be entitled to make an additional charge to cover any expenses resulting therefrom if not already included.

In the event that AIRDELY is required, due to circumstances including but not limited to natural disasters, strikes, lock-outs and other such occurrences, to change the routing of the courier of the goods, resulting in additional charges, AIRDELY shall be entitled to recover such additional charges from the Customer.

DOMESTIC PICKUP SERVICE

AIRDELY shall provide the Customer with the pickup services from the location as specified to Customer address by the Customer.

Any pickup request including the contact name, mobile number, e-mail address, the valid pickup address and the expected quantity, should be forwarded to AIRDELY via the designated system within the previous date of the desired date.

AIRDELY has the rights to reject the pickup request from the Customer having the incomplete address or in RA Zones.

AIRDELY shall charge the pickup fee to the Customer. The Customer shall bear all return fees from Customer address to the pickup location in the event of acceptance failure by AIRDELY.

BILLING and PAYMENT

All shipment orders and/or invoices must be settled before shipment is carried out, unless another period is agreed or another billing period is specified.

Any discounts, bonuses, fees etc. are payable only if the customer and/or air traveller has fulfilled its obligations to AIRDELY.

If payment terms are not met, the customer is legally in default. Without requiring a further notice all outstanding debts to AIRDELY are immediately due and payable.

All judicial and extrajudicial costs shall be borne by the customer. The extrajudicial costs are at least 15%, including the aforementioned interest owed, with a minimum of SGD150. Furthermore, AIRDELY is entitled to a surcharge for late payment charge of up 10% on the outstanding amount per invoice for the additional administrative costs. The customer agrees that AIRDELY may charge interest on all invoices not paid within 7 days from the invoice date at the rate of 10% per month until full and final payment of the relevant invoice. You agree to pay our reasonable and proper cost of collection of invoices not paid within seven days from the invoice date.

Prior to delivery and/or performance of its obligation to the customer, AIRDELY is always entitled to full or partial payment of the amounts due.

If payment is not forthcoming or the customer is not creditworthy, then AIRDELY can suspend the order. AIRDELY is then entitled to temporarily suspend the customer’s account, until the obligations are fulfilled by the customer.

Invoice disputes must be raised within 5 days of receipt. Disputes must be in writing (electronic) to AIRDELY. The Customer waives all the rights to challenge our invoices if you do not contest our invoice in writing within 5 days from the date of the invoice and deemed to have accepted without dispute.

Proof of delivery (POD) or (CMR) bill can be obtained by AIRDELY. The charge for a paper (hard copy) Proof of Delivery is SGD10.00 per copy. Some shipments will not have proof of delivery (POD) or (CMR), this does not entitle deferment in respect of the indebtedness of the payment.

The data entered by the customer into the booking software will be used to calculate the charge for the shipment, non inclusive of additional cost like taxes, surcharges, duties and special administration fees.

Customers agree to declare if the item they are shipping is for commercial purposes or if a duty or tax is due on the item upon entry into a country. If the item requires a duty or tax, Customer is required to pay the entire fees associated with the items. If documentation is required to enter country with item, Customer agrees to provide all documentation necessary.

As an Air traveller, you will receive applicable Delivery Fee per parcel that you are carrying as your personal luggage for the route you are servicing. AIRDELY will process all payments due to you via online transfer, using third party payments processor. AIRDELY reserves the right to withhold all or a portion of the Delivery Fees if it believes that you have attempted to defraud or abuse AIRDELY or AIRDELY’s payment systems or whenever there is dispute being raised by the customer on the parcel or delivery services.

Air traveller shall not be responsible for any customs clearance activity unless expressly told prior to accepting Shipment. Air traveller shall not be held responsible for any duty or tax fees. If duty or taxes is being paid by the Air traveller, the paid amount will be reimbursed by AIRDELY after claiming from the Customer. Proof of payment must be submitted to AIRDELY by the Air traveller to exercise the claim.

Customer ensures that all Shipments comply with known foreign entry and duty laws and to inform AIRDELY accordingly, failing which, Customer is not to hold AIRDELY liable for any failed delivery.

The Customer agrees to pay AIRDELY charges (including applicable surcharges) for the carriage of the shipment between the locations specified on the consignment note/contract of carriage, or for the performance by us of other services, and any value added taxes on completion of order without withholding, deduction, counterclaim or set off.

AIRDELY’s charges are calculated in accordance with the rates applicable to your shipment as set out or in the relevant contract. Our rate is available on request from our office in the country from which the shipment is invoiced.

AIRDELY charges for either the actual weight of the shipment or the volumetric weight of the shipment whichever is the higher and the volumetric weight is calculated in accordance with the volumetric conversion equation set out. AIRDELY may check the weight and/or volume of and/or the number of items within your shipment and if we find that there is a discrepancy between your declared weight and/or volume and/or number of items you agree that the weight and/or volume and/or the number of items that we determine may be used for the purpose of our calculation.

As a matter of course all import duties, value added taxes on goods and all other charges levied on the shipment in the destination country shall be payable to AIRDELY by the Customer or the Receiver of the shipment and if the receiver refuses to pay, you agree to pay us these amounts in full within 5 days of us notifying you that the receiver has not paid.

The customer shall pay to AIRDELY in addition to the Charges under the Goods and Services Tax Act.

AIRDELY provides a secure escrow payment and messaging system to guarantee Customers’ recipients receive their parcels and Air Travellers receive payment upon delivery. Transacting outside of AIRDELY violates community values and rules and is against both Customer and Air traveller security. Customers and Air travellers must acknowledge and agree that, notwithstanding the fact that AIRDELY is not a party to the agreement between Customer and Air traveller, AIRDELY acts as the Air Traveler, domestic collection/delivery agents and any other parties payment collection agent for the limited purpose of accepting collection from the Customers. In the event that AIRDELY does not remit such amounts, Travelers' recourse is only against AIRDELY and not Customers directly.

If any Member does not make a payment properly, or if AIRDELY cannot properly charge a payment method on file with it, or any other payment method for any reason, AIRDELY expressly reserves all rights under applicable law to recover payment as well as all of its costs and expenses incurred, including reasonable attorneys' or other professionals' fees, in pursuing such payment (s).

Joining and registering as an AIRDELY member is free of charge as AIRDELY is a startup. Both the customers and air travellers must register as member with the company in order to use AIRDELY services. This is to allow the company to conduct background checks to sieve out undesirable characters and to form a data bank of memberships. However, a one time confirmation fee of SGD$50.00 will be chargeable on your first assignment to offset the administration cost and insurance premiums. The amount payable will be deducted from the remuneration made on your first assignment and will be reflected on your account transaction history. Even though memberships are currently free of charge, AIRDELY may impose a membership registration fee of SGD$50.00 in future without prior notice to ensure that only genuine customers and air travellers signed up as member.

TRANSIT and DELIVERY

Transit may occur using any means of transport and by any route we think fit.

Transit begins when we accept a Consignment for delivery. At your request we may sign a document (electronically) acknowledging receipt of a Consignment. Such document will not, regardless of its terms, be evidence of the condition, nature, quantity or weight of the Consignment when delivered.

Transit ends when a Consignment is delivered to the Delivery Address and/or if, in accordance with Customer instructions, a Consignment is left at the Delivery Address despite there being no-one available at the Delivery Address to take delivery of the Consignment and/or 2 days after the Consignee is notified (whether in writing or orally) that we have made an unsuccessful attempt to deliver the Consignment and that the Consignment is available for collection from us.

We will deliver Consignments to the Delivery Address provided by the Customer.

Time for delivery is not of the essence. We will not be in breach of these conditions if a Consignment is delivered late.

If we make two failed attempts to deliver a Consignment, we may charge you an additional sum for each subsequent attempted delivery or attempt to return the Consignment to you, whether successful or not.

CUSTOMER, RECEIPIENT, SHIPMENT and TRANSPORT

Shipments may include documents, and parcels (portable and able to check in as personal luggage), and other goods to be transported.

The Customer and/or receiver are responsible for the accuracy and completeness of the data entered in the booking software and on the waybill, and should ensure that all shipments have the correct contact information provided.

The Customer is obligated to ensure that the required documents and instructions for shipping, and if applicable for reception, are in the timely possession of AIRDELY and/or the Air traveller. In no event shall AIRDELY be required to examine whether the information addressed to them is correct and/or complete.

The Customer must pack and label the shipment, so that the content is described, classified and accompanied by the required shipping documents, which in each case may vary to meet the requirements of the Air traveller and the law. Furthermore, the packaging must be able to withstand the usual treatment and the usual transport methods. The Sender is required to ensure that the shipment is ready at the agreed place and time and available for collection by AIRDELY. Failure to do so may incur charges. Without any notice being required, the Sender is required to meet costs of the failed collection, with a minimum of SGD15 per shipment or higher depending on the weight and size of the parcel.

AIRDELY and/or the Air traveller is not obliged, but entitled to open all consignments and parcels to investigate and confirm the contents are as described by the Customer and that statements made are correct and complete. The Customer may be asked to open the parcel if required. The Customer accepts that AIRDELY and/or the Air traveller can perform security checks on the shipments.

The Customer warrants that the shipment ordered under these terms comply with the limits of AIRDELY and/or the Air traveller, specifically conditions such as dimensions, weight, volume and value of the shipment.

AIRDELY will not accept any shipment for transportation, storage or processing if the contents are prohibited by any law or regulation of the country of origin, destination or transit of any country or by the Air traveller as such is excluded.

Shipments must not contain goods forbidden according to national and international laws. Goods that are dangerous to humans and animals and goods on the basis of their properties or the way they are packed are a hazard to other goods that are transported in the same transportation, are excluded.

Not allowed are: precious stones, precious metals, jewelry, cash, checks, savings books, bank cards, credit cards, tickets, securities such as stocks, bonds, certificates of shares, options, deeds, bonds, permits, etc., passports, stamps, unique art, antiques, watches, keys, perishable or frozen food, alcohol (excluding alcoholic beverages), tobacco and tobacco products, drugs (the illegal drugs), drugs, pornographic material or illegal publications, live or dead animals, animal organs and parts such as fur, ivory, etc., plants, seeds, brown and white goods, firearms and other weaponry, fireworks, explosives, fire extinguishers and other pressurized products, paints and other hazardous or flammable materials and/or liquids.

AIRDELY will not accept shipment of Dangerous Goods, unless separately agreed in writing. In all cases of transportation of Dangerous Goods, AIRDELY will not liable for any damages resulting from delay or other damages.

Perishable and temperature sensitive shipments and/or goods are moved, provided that the Customer accepts shipments, is at their own risk. AIRDELY and/or the Air traveller provide no special treatment for such shipments, unless separately agreed in writing.

The Customer accepts that the consignments are held in secure premises and are prepared, packaged, stored and transported by trustworthy individuals and that these items be protected from interference by unauthorized persons prior to the acceptance by AIRDELY and/or the Air traveller.

The Customer is liable to AIRDELY and/or the Air traveller for injury to persons, damage to equipment or other items and for the expenses incurred from inadequate packaging of the shipment.

If a shipment needs to be cleared through customs, it is the responsibility of the Customer and/or the Receiver to complete accurate documentation for the sent items, but the Air traveller will, unless otherwise instructed, act as representatives of the Customer and/or Receiver at customs. AIRDELY and/or the Air traveller may request further written documentation at the expense of the Customer/Receiver or appoint a customs agent /broker to process clearance.

The Customer and/or Recipient accept that they are aware that making an incomplete or inaccurate statement to the customs authorities is deception and carries the risk of civil prosecution and/or the forfeiture and sale of goods.

AIRDELY and/or the Air traveller in case of a customs seizure of the shipment/goods are entitled to provide the competent authorities with the name and address of the Customer and/or the receiver, as well as information on the nature and status of the seized shipment/goods. Furthermore AIRDELY and/or the Air traveller in this case, if it is suspected that the shipment/goods infringing intellectual property rights, are permitted to authorize the destruction of the seized shipment/goods if the Customer and/or recipient do not confirm on the first request that the Customer and/or Recipient that AIRDELY and/or the Air traveller are harmless from all liability.

All delivery and/or transit times provided by AIRDELY are not binding and therefore involve no final deadline. Exceeding this time (transit time) does not constitute a failure for AIRDELY and the Customer is not entitled to any compensation. AIRDELY times as displayed on the tracking website are Estimated Times of Arrival (ETA).

AIRDELY, the Air traveller and/or delivery agent can alter the method of transport and the route used at its discretion. AIRDELY and/or the Air traveller shall be entitled to temporarily store consignments if this is deemed necessary and desirable.

AIRDELY, Air traveller and/or the delivery agent are authorized to deliver the shipment to the Recipient at the address nominated by the Customer or agent, and AIRDELY, Air traveller and/or the delivery agent will deem the Consignment to have been delivered when a proof of delivery (POD), a (CMR) or signed waybill delivery sheet have been signed electronically or using photography. This delivery confirmation can also be obtained electronically.

AIRDELY, Air traveller and/or the delivery agent may deliver a shipment to the recipient or any other person with authority to receive the shipment on behalf of the recipient. This may be people at the same address as the recipient or at a neighbour. If a shipment is not received, AIRDELY is entitled to the shipment cost.

AIRDELY, Air traveller and/or the delivery agent can deliver a multiple consignment in separate parts. If the shipments are delivered in parts, each part can be billed separately. The Recipient may return received shipments only if expressly authorised by AIRDELY. The cost of returning the goods will then be borne by the Customer, unless otherwise agreed between the parties.

The Customer can opt for AIRDELY agreed terms of transport insurance.

RISK, RETENTION and LIEN

Ownership of the goods delivered or to be delivered on orders made with AIRDELY rest at AIRDELY until the Customer has fully paid for the shipment and other obligations associated with and resulting from the supply of these goods.

AIRDELY reserves the right to dispose of goods held in ownership when the customer does not meet their obligation.

AIRDELY shall be entitled to shipments for which the customer did not fully meet its obligations, to retain them until it is fully paid or payable and for the items sold to third parties in which case the proceeds after deduction of costs will be paid to the customer.

As security for all monies owing, whether past or present, for the courier of any goods subject to these general terms and conditions, whether forming the subject matter of the agreement or otherwise, AIRDELY shall have a lien over all goods, documents as well as all repayments, refunds, claims or recoveries in its possession or under its control.

AIRDELY shall be entitled to hold all goods as security for any monies owing to it by the Customer from any cause whatsoever.

Notwithstanding that credit may have originally been granted by AIRDELY to the Customer, the Company may at any time, at its sole discretion, retain possession of any goods pending the discharge of all the Customer’s indebtedness to AIRDELY, whether or not such indebtedness is related to the courier of the goods or not.

AIRDELY rights under this clause are not exhaustive and are in addition to any other rights which it may have against the Customer.

INTELLECTUAL and INDUSTRIAL PROPERTY

The current and future industrial and intellectual property rights, including those embodied in the AIRDELY goods, services and advice, documents, software, and in the brand, trade names, logos and of AIRDELY remain fully vested in AIRDELY and are in no way transferred to any other party.

The express prior written consent of AIRDELY is required before brand, trade names; logos of AIRDELY, taglines, catch phrases and slogans are used in any promotional materials, brochures, web sites, production.

Models, methods, systems, techniques, tools, including software, web services, used for the execution of the contract and/or agreement and the results of the assignment and/or contract are included and remain the property of AIRDELY.

The web based activity rights are exclusively owned by AIRDELY. Entering into a contract and/or agreement, to use the web services or any other information transferred to AIRDELY by the customer does not transfer the copyright or any other intellectual or industrial property. Data provided by the sender is owned by the sender. The database structure or method of storing the data information of the party is the property of AIRDELY.

The customer account, determined by, username, password and/or name is not transferable without the prior written permission of AIRDELY.

Your use of AIRDELY grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or rights in and to the App and applications) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the Services in accordance with these Terms.

You must not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the App in any way; (ii) modify or make derivative works based upon the Services or App; (iii) create Internet “links” to the Services or “frame” or “mirror” any App on any other server or wireless or Internet-based device; (iv) reverse engineer or access the App in order to (1) design or build a competitive product or service, (2) design or build a product using similar ideas, features, functions or graphics of the Services or App, or (3) copy any ideas, features, functions or graphics of the Services or App, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or App.

COMPLAINTS and LIABILITY

The receiver should check the goods upon delivery. The receiver must check the shipment to verify that (transportation) damage has not occurred and/or there are no missing items.

The Recipient, or the Customer is required to raise a complaint in connection with (transport) damage or missing items delivered and to sign the delivery note stating damage or items missing. Failure to record the problem at delivery or notify AIRDELY as soon as the delivery has happened within 48 hours will result in the customer losing all his rights in claiming for damages or shortages unless there is intent or a shortcoming by AIRDELY. Recipient to notify the complaint in writing to AIRDELY must include the nature of the damage or loss. Photographic evidence of the damage items and the packing (external and internal) will be required to support the complaint and additional supporting paperwork (cost receipts) as needed.

A consignment is regarded as missing if not delivered within thirty days after collection. Legitimate complaints after this period are assessed on an individual basis and AIRDELY has no obligation to oblige.

Complaints from customers, even if submitted in time, do not automatically suspend payment of the carriage costs. Customer must pay the full cost of the service rendered before any claims will be processed.

AIRDELY accepts no liability for any damage or any kind regardless of how caused, including any inaccuracy, incompleteness of information, or incorrect or improper selection or implementation of services of the hired carriers and / or experts, breach of contract, tort or otherwise, unless the damage is due to intentional or a shortcoming of AIRDELY. Furthermore AIRDELY accepts no liability for indirect damages, which include consequential damages, lost profits, lost savings and business opportunities.

Notwithstanding the other provisions, and subject to any other written agreements, AIRDELY, including its employees and associated consultants have a limit of liability not greater than 25% of the invoice value of the relevant underlying transaction or up to a maximum of SGD400.00 which ever is lower where a serious failing of AIRDELY is determined.

In all the above cases, the damages are based on the actual value of the consignment at the place and time of receipt. The starting point is the number of missing or damaged kilograms. Furthermore, in any case of partial loss any settlement will be proportionally refunded up to the maximum limit of SGD400.00. The actual value will be determined on the basis of customs, repair, replacement, purchase or market value, which is the lowest value.

AIRDELY shall not be liable if the loss, damage or delay is caused by:

Air travellers shall take all reasonable precaution to prevent unauthorised persons from having access to the shipment and shall also take all reasonable precaution against loss of or damage to the shipment.

Air travellers shall make reasonable effort to deliver the shipment according to the respective delivery schedules, which are estimates only and not guaranteed. Air travellers shall however not be liable (whether in contract, tort or otherwise) for any delays in affecting delivery of the shipment for whatever reasons.

Air travellers shall not be liable for any loss or damage arising from or in connection with:

Customer agrees that AIRDELY’s liability in respect of the shipment is strictly limited to direct loss only. All other types of loss or damage are excluded (including but not limited to loss of profits, income, interest, future business, or loss of revenue resulting from loss of use), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to AIRDELY’s attention before or after acceptance of the delivery request. The Customer shall insure at its own costs against any risks in respect of the shipment.

AIRDELY’s total liability in respect of any shipment shall be limited to its actual cash value but in any event shall not exceed SGD$400.00 (whichever is the lower). One shipment is defined as a delivery order with one unique order code and may include one or more stops. If customer considers these limits as insufficient to protect itself or the shipment, then it must make its own insurance arrangements, failing which customer shall assume all risks of loss or damage in respect of the shipment. AIRDELY shall not be under any liability to offer customers’ cargo insurance or to buy any insurance in respect of the shipment.

AIRDELY shall not be liable for loss or damage arising from or in connection with:

AIRDELY will make every reasonable effort to execute the delivery request according to AIRDELY’s delivery schedules prevailing from time to time, but these schedules are not binding and do not form part of the contract. AIRDELY is not liable for any damages or loss caused by delays.

AIRDELY shall not be liable for delay or non-delivery of a shipment arising from or in connection with the detention of the shipment by any government authority.

AIRDELY shall not be liable for indirect or consequential loss or damage, including without limitation loss of profit, income, interest, future business or anticipated savings, even if the risk of such loss or damage was brought to AIRDELY’s attention before or after acceptance of the shipment.

For the avoidance of doubt, AIRDELY shall not in any way be liable or responsible for a delivery item prior to the shipment being accepted by AIRDELY for delivery.

CLAIMS

The Customer must still continue to pay our invoices in full as they become due, even though you may have submitted a claim to us.

If Customer wishes to claim for a lost, damaged or delayed shipment, or for any other damages, the customer must comply with any applicable convention and with the following procedure otherwise AIRDELY reserves the right to reject the claim:

Save as otherwise provided by any applicable convention and or law, your right to claim damages against us shall be extinguished unless an action is brought in a court of law within 90 days from the date of delivery of the shipment or from the date on which the shipment should have been delivered or from the date on which the carriage ended or if the claim relates to other services within 90days from the date you ought reasonably to have become aware of the loss, damage or delay.

In case of acceptance by AIRDELY of part or all of your claim, you warrant to us that your insurers or any other third party having an interest in the shipment shall have waived any rights, remedies or relief to which they might become entitled by subrogation or otherwise.

The shipment shall not be deemed to be lost until at least 30 days have elapsed since the date you notified us of the non delivery. We may agree with you in writing to shorten this period.

Any claims must be made within 48 hours after the delivery has been completed, failing which AIRDELY shall have no liability whatsoever.

All claims must be made in writing, accompanied by the delivery order number, contact information and other supporting documents requested by AIRDELY and submitted through email to AIRDELY.

Claims are limited to one claim per delivery order, settlement of which shall be full and final settlement for all loss or damage in connection therewith.

Provided that AIRDELY is satisfied that the Customer’s claim is justified, AIRDELY’s liability for any loss of or damage to the delivery item shall be limited to the value of the delivery Item or SGD$400.00 per delivery order, whichever is lower.

In the case of damage to the delivery Item, the amount of compensation by AIRDELY shall be based on AIRDELY’s assessment of the extent of the damage to and the actual cash value of the contents of the delivery item provided always that the amount of compensation shall not exceed the compensation limits. In the case of loss of or damage to the delivery item, AIRDELY shall have the option of either replacing the delivery item or making monetary compensation within the compensation limits.

All secondhand items will not be applicable for claims and compensation.

FORCE MAJEURE

There is no question of a breach by AIRDELY if the delivery is overdue. Force majeure includes, but is not limited to non-attributable failure of third parties, including suppliers of AIRDELY, actions or requirements of public authorities, strikes, disruptions in the electricity, Internet and/or telephone services, business, traffic, weather and/or transport breakdowns and further other circumstances which could AIRDELY not reasonably have expected that it fulfills its obligations to the other party.

Any additional costs incurred by force majeure, in relation to delivery, including transport, storage and handling costs, warehouse or land rent, deceased, standing and redundancy payments, insurance, removal, etc. shall be borne by the Customer.

If due to circumstances beyond its control continue and AIRDELY fails to comply with an obligation under the contract for as long as the force majeure lasts, the customer in cases of force majeure is not entitled to terminate the agreement unless the force majeure has continued for more than fourteen days. The cancellation is performed by a registered written notice to AIRDELY. Services already made will be charged pro rata. The obligation to pay for the services shall remain in full force until the date of termination.

CANCELLATION and TERMINATION

AIRDELY has the right to cancel the agreement with the customer unilaterally, in whole or in part, and to terminate a contract if the customer was negligent. The effect of force majeure or the permanent inability to reasonably complete an order, where it can reasonably be shown that the task execution was carried out according to the contract and/or agreement compensation cannot be offered.

In addition, Customer dissolution can be informed by registered written notice, subject to the rights of AIRDELY, if the business of the Customer is wholly or partially transferred, suspended, insolvent or is liquidated; the Customer is bankrupt or suspension of payments has become, under administration or under guardianship, or an application on bankruptcy, moratorium, receivership or guardianship has been filed; assets of the customer have been seized.

DECLINE and LIMITATION

All claims against AIRDELY under these Conditions are limited: National road transport, after the lapse of one month from the beginning of the day following the day the shipment was delivered or should have been delivered. International road transport, after the lapse of one month, counting from, in case of partial loss, damage or delay from the date the shipment was delivered and in the case of total loss, from the thirtieth day after the scheduled date of episode. Air transportation, within one month, counting from the arrival of the shipment at destination, or the day on which the aircraft should have arrived, or from the interruption of transport. In all other cases, after a period of one months after completion of the (transport) contract, in case of intent or a shortcoming of AIRDELY a limitation period of one month apply.

A written claim shall suspend the limitation period on. Partial recognition of the claim meets the limitation only for the part. A written rejection of claims having the same issue faced the limitation period. Barred a claim can not be settled.

AIRDELY is not liable for any loss or damage arising out of circumstances beyond AIRDELY’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to AIRDELY; any act or omission by a person not employed or contracted by AIRDELY - e.g. Air traveller, Shipper, Receiver, third party, delivery agents, customs or other government official; “Force Majeure” - e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, civil commotion, or industrial action.

Customer shall indemnify and hold AIRDELY harmless for any loss or damage arising out of Customer’s failure to comply with the following warranties and representations:

Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.

CONFIDENTIALITY, PRIVACY and SECURITY

AIRDELY will observe confidentiality regarding the execution of the contract and/or contract data and information obtained regarding the business affairs of the other party (ies). In particular, AIRDELY will maintain confidentiality with respect to data and information provided when using the web and mobile services.

Using the AIRDELY website, mobile application or related websites to provide information through automatic Internet searches to third parties is strictly prohibited. AIRDELY does not accept ideas, concepts or techniques for services and/or goods from other sites. If such information is received, it will not be treated as confidential and AIRDELY are deemed free to use such information and may at its discretion to re-use.

Using the web services and mobile services requires personal data to be provided. AIRDELY acts as an intermediary. In this capacity, AIRDELY complies with all its legal obligations. The Customer and Air traveller are regarded as responsible, as defined in AIRDELY Privacy Act. By entering into the contract and/or contract, the Customer has an obligation to ensure data from and about the end user is in the context of web services and the Customer is to comply with all legal requirements. Passing on the data, by AIRDELY will only occur under the authority of the customer, or as a legal obligation.

The other party agrees that AIRDELY can make use of data provided to AIRDELY for commercial, management and security analysis, administration and advertising services and/or goods by AIRDELY delivered. Moreover the other party has agreed that the name and/or logo of the other party can be used on the website of AIRDELY. The other party has certain legal rights to access, rectify, object to the use for direct marketing or delete personal information about AIRDELY the other party possesses. A detailed privacy statement is published on the website of AIRDELY.

AIRDELY will take steps to maximum capacity to protect the information stored on the servers. These measures will be appropriate, taking into account the state of the art and the costs involved. AIRDELY will especially exercise extreme care to prevent unauthorized access to unauthorized information from the Customer. The Customer is deemed to use the standard safety equipment that reasonably they ought to have on a computer, such as anti-virus, anti-spam, anti-spyware, Anti-mail true, anti-phishing and firewall solution. Furthermore, the customer is to ensure that the session in the web and mobile applications are closed when you leave the site.

OPERATIONS of the WEBSITE, MOBILE APPPLICATION and SERVICES

The Site, Application and Services can be used to facilitate the listing of air traveller flight itinerary, courier services, customer courier shipment and arranging of and payment for transportation of shipments for the courier services. If you wish to list travel plans and parcel shipment services, you must first register to create an AIRDELY Account.  Customers may only use the platform after registration and application to be a Sender.

CONDITIONS of COURIER

 

The shipments shall be carried at the sole risk of the Customer. The Customer hereby exempts AIRDELY from and indemnifies the Company against all liability of whatsoever nature, arising directly or indirectly from handling of the goods. This exemption and indemnity includes, but is not restricted to any liability for direct and/or consequential loss or damages arising from the loss of the goods, damage to the goods, the failure to collect or deliver the goods timeously, adequately or at all or from or to the correct address and/or from any other cause arising, whether any such liability, loss or damage is caused by or arises from breach of contract, negligence or gross negligence, on the part of AIRDELY, its servants, agents, employees or otherwise.

The Customer is required to ensure that it has communicated any special conditions, instructions or requirements for the courier of the goods, including delivery and/or storage instructions, time sensitive documents etc clearly and legibly in writing on the waybill accompanying the goods. No other instruction, whether verbal or written, shall be accepted as binding on AIRDELY.

Any limited liability of AIRDELY shall terminate on the delivery of the goods to the Consignee at the address as set out by the Customer on the waybill.

INSURANCE

AIRDELY shall, only if requested to do so in writing by the Customer, effect insurance on any goods carried by it for and on behalf of the Customer in terms hereof, at the Customer’s expense. Any such insurances effected by the Company shall be subject to the usual exceptions and conditions of insurance held by the Company as indicated by the insurer or underwriter accepting the risk, and shall be subject to the necessary and required insurance declarations as to the nature and value of the goods in respect of each consignment requiring insurance to be prepared by the Customer.

Theft, accidents, human failure and delay - these are just a few of the risks and perils that are exposed to your shipment. The Customer can insure their shipments. AIRDELY offers appropriate, one-off cargo insurances. AIRDELY is able to arrange insurance covering the value in respect of loss of or damage to the Shipment, provided that the Shipper so instructs AIRDELY in writing. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.

AIRDELY provides insurance up to SGD400 per shipment. Any shipment that requires insurance over SGD400 will be subjected to an additional fee. This additional fee shall be 6% of the Insured Declared Value (IDV). For example purposes only, if the IDV of an item is $1000 and a Customer requests to purchase insurance for the entire value of the item, the fee shall be 6% multiplied by the IDV. Insurance only covers damage or loss while shipment is in AIRDELY’s possession. AIRDELY can not be held responsible if an airline loses an Item or Shipment, or if Customs takes possession or destroys the shipment. AIRDELY will not be responsible if there is consequential damage that results from the delay, damage or loss of a Shipment. If a Customer has a valid claim, they will receive reimbursement within three to ten (3 ~10) business days. Proof of purchase price is required to receive the full claim.

Since the transportation of the Customer shipments is mostly in the hands of third parties (Air travellers, delivery agent, forwarders, carriers), AIRDELY cannot exercise influence on the safety on your shipments.

AIRDELY shall not be required to effect a separate insurance on each consignment.

Should insurer dispute any liability for any reason, Customer shall have recourse against the insurer only, and AIRDELY shall not be under any liability in relation thereto.

PROMOTIONS

We may from time to time offer promotions on AIRDELY. We reserve the right to amend, suspend, withdraw or terminate, whether in whole or part, any and all such promotions without prior notice and at our absolute discretion.

LINKS and ADVERTISEMENTS

AIRDELY may contain Advertisements and links to third party websites. We shall not be responsible for the contents and accuracy of any Advertisement. Any links to third party websites are provided solely for your convenience and not in any way as an endorsement by us of the contents on such third party websites. If you access any linked third party website or Advertisement, you do so entirely at your own risk. We shall not be responsible for any transactions between you and any advertisers or third party website operators.

DISCLAIMER

The software is delivered to you on an “as is” basis and although AIRDELY has used its best endeavors to ensure that the software will work properly on your mobile device and computer, AIRDELY does not warrant the performance of the software nor the compatibility of the software with your hardware.

AIRDELY is a technology logistics platform service and the services provided are part of the on-demand sharing economy. AIRDELY makes no guarantee of the availability of the services, the availability of Air travellers and parcels through the use of the services, the accuracy of the data or information provided as part of the services or the quality of the services of the participating drivers.

AIRDELY shall not be liable for any damages, claims or costs whatsoever including any consequential, indirect, incidental damages or any loss of profit or damages to your mobile device as a result of your use of the Services or your installation and/or execution of the software even if AIRDELY or its representative has been advised of the possibility of such loss, damage or claim.

AIRDELY shall not be liable for any loss or damages, including any injury which you may suffer as a result of your delivery, transportation or journey as an Air travellers through the services and all your rights in relation thereto and in relation to the contract you and the relevant Air travellers shall be a matter between you and the relevant Air traveller.

AIRDELY is not the agent of air travellers or users and is not a party to the contract for the hiring of the Air travellers.

The foregoing limitations and exclusions apply to the extent permitted by law.

PERSONAL DATA PRIVACY

You may be required to submit personal information to AIRDELY in order to use certain function of the software.

You agree that AIRDELY can use your personal data (namely your name and contact number) as provided by you to AIRDELY from time to time when you use the software for the purpose of providing the services.

You agree that AIRDELY is entitled to collect, use, keep and update your personal data to such extent, for and at such time period as may be necessary when AIRDELY provides the services to you, and you confirm that the personal data so provided by you are true and correct and up to date.

You further expressly consent that AIRDELY is entitled to transfer your personal data to any third parties, Air travellers, Recipients and Customers as may be necessary including, without limitation for the purposes of sourcing a match to be accepted, confirmation/clarification of the booking information between all parties, when AIRDELY provides the services to you.

You further agree that the collection, use, storage and transfer of your personal data is generally subject to AIRDELY’s privacy policy and personal information collection statement the latest version(s) thereof is at “www.AIRDELY.com”, and you acknowledge that you have read and understood the same prior to agreeing to these terms and conditions.

You agree that personal information such as your name, contact number, photographs, and email address can be used for all promotional and marketing efforts of AIRDELY.

If you no longer wish to receive promotional materials from AIRDELY, you may unsubscribe from our mailing list by emailing us and no further information will be sent to your email address.

UPDATES to the TERMS

We can update these terms at any time without prior notice. If we modify these terms, we will post the modification on the AIRDELY website, applications, or services, which are effective upon posting. Continued participation after any modification shall constitute consent to such modification. 

Updated as on 03 January 2019

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