THE RULES RELATING TO LIABILITY ESTABLISHED BY THE WARSAW CONVENTION AND ANY AMENDMENTS THERETO SHALL APPLY TO THE INTERNATIONAL CARRIAGE OF ANY Consignment HEREUNDER INSOFAR AS THE SAME IS GOVERNED THEREBY.

AirshipXP provides local, national, and international delivery services by connecting consignors with carriers who are available to fulfill delivery requests. Through our platform, consignors can post delivery requests, while carriers have the freedom to choose which requests to accept and fulfill. AirshipXP operates as a facilitator of the posting and matching of requests, while also supporting clear communication between Consignors and Carriers.

We aim to make AirshipXP a valuable and user-friendly service for everyone involved. By accessing our Application, Website, Platform, including our application, servers, websites, or any related content (collectively referred to as “AirshipXP”), you acknowledge and agree to abide by our Policies and our Terms of Use (“TOU”), which were last updated on DDMMYYYY.

At AirshipXP, our mission is to foster a community where people help each other in meaningful, positive, and life-affirming ways. To maintain the integrity of our platform, all users are obligated to comply with our Policies.

Only requests involving lawful acts and products are permitted on AirshipXP. Any use of AirshipXP for illegal purposes is strictly prohibited, and we depend on our community to uphold this standard and report any suspected violations.

Notwithstanding the country of Origin of such requests, AirshipXP will oblige with any and all request received from any and all National, International, Local investigative and enforcement agencies, to investigate and to root out any and all suspected actual or superficial illegal or Criminal Activity(ies).

Before accepting a request, The Carrier must think carefully: Is it legal? Is it safe? Users must exercise good judgment, and should refrain from engaging in any activity that could be dangerous or unlawful.

Clause 1. DEFINITIONS

For the purposes of these Terms and Conditions, the following definitions shall apply:

1. “AirshipXP”: Refers to the platform, including the application, website, servers, and any associated content, technology, and services provided by AirshipXP for facilitating delivery arrangements between users.
2. “Consignor”: The individual or entity that posts a request on the AirshipXP platform with the intent to have goods, items, or packages delivered from one location to another. The consignor may also be referred to as the Shipper.
3. “Carrier”: The individual or entity that accepts a request from a Consignor on the AirshipXP platform to transport goods, items, or packages to the designated Consignee or Place.
4. “Consignee”: The recipient or intended recipient of the Consignment, who is identified by the Consignor and receives the package delivered by the Carrier. Consignee may also be referred to as Receiver in ordinary course of business and transactions.
5. “User”: Any individual or entity that accesses or uses the AirshipXP platform, including but not limited to Consignors, Carriers, Partners, and Consignees.
6. “Platform”: The digital system provided by AirshipXP, including the website, mobile application, servers, and associated tools, used for connecting Consignors with Carriers.
7. “Consignment”: Any package, parcel, goods, or items that are to be transported by a Carrier on behalf of a Consignor, a transaction facilitated through the AirshipXP platform.
8. “Posting”: A request or offer created by a User on the AirshipXP platform, typically made by a Consignor seeking delivery services or a Carrier advertising their availability.
9. “Request”: A formal proposition submitted by a Consignor on the platform, specifying details of the Consignment, such as pickup location, delivery location, type of items, and any other relevant information.
10. “Delivery Services”: The transportation of Consignments by a Carrier, including pickup, transit, and delivery to the specified Consignee as outlined in the Consignor’s request.
11. “Prohibited Items”: Goods, materials, or substances that are not allowed to be shipped via the AirshipXP platform, including but not limited to hazardous materials, illegal items, and other products specified in the Schedule 1.
12. “Policies”: The Terms, Rules, Guidelines, Policy and Restrictions established by AirshipXP, including but not limited to those concerning prohibited items, acceptable use, privacy, and user conduct.
13. “Terms of Use” or “TOU”: This agreement between AirshipXP and its Users, including all amendments, setting forth the legal obligations, rights, and restrictions applicable to the use of the AirshipXP platform.
14. “User Account”: The unique profile established by a User upon registration with AirshipXP, through which they can post requests, accept offers, and make interactions on the platform.
15. “Content”: All information, text, images, video, audio, data, or other materials submitted, posted, displayed, or otherwise made available by Users on the AirshipXP platform.
16. “Force Majeure”: Any event beyond the reasonable control of AirshipXP that prevents it from fulfilling its obligations under these Terms of Use, including but not limited to natural disasters, acts of terrorism, government actions, or any other unforeseen event.
17. “Violation”: Any action or omission by a User that is inconsistent with these Terms of Use or Policies, including but not limited to unauthorized use of the platform, posting prohibited content, or engaging in any illegal activity.
18. “Transaction”: Any arrangement, agreement, or completed exchange or transaction between a Consignor and a Carrier through the AirshipXP platform, including the acceptance of a request and the completion of a delivery.
19. “Fees”: Any charges imposed by AirshipXP on Users for using the platform, which may include service fees, subscription fees, or other payments required for accessing specific features or services.
20. “Insurance”: An optional service that may be offered to Consignors, providing coverage for Consignments during transit against potential loss, damage, or theft, subject to specific terms and conditions of the Warsaw Convention.
21. “Communication Tools”: Features provided by the AirshipXP platform, such as messaging or email services, to facilitate direct communication between Consignors and Carriers.
22. “Community Guidelines”: A set of behavioral expectations and standards set by AirshipXP for its Users, intended to maintain a respectful, safe, and cooperative environment on the platform.
23. “Restricted Items”: Goods that may only be shipped under specific conditions and with certain limitations, including items requiring special licenses or handling procedures as specified in Schedule 1.
24. “Affiliated Services”: Services offered by third parties in partnership with AirshipXP, which may be accessed by Users to enhance or supplement the core delivery services provided through the platform.
25. “Arbitration”: A form of dispute resolution outlined in these Terms of Use, whereby disputes between AirshipXP and a User, or between Users, are resolved by an impartial third party rather than in a court of law.
26. “Indemnification”: The obligation of a User to compensate or hold AirshipXP harmless from any claims, damages, liabilities, or expenses arising from their actions or use of the platform against the specified Terms and Conditions.
27. “Third-Party Content”: Any content, links, or materials provided by external parties that are displayed or accessible on the AirshipXP platform, which are not owned or controlled by AirshipXP.
28. “Confidential Information”: Any non-public information disclosed by AirshipXP or any User that is designated as confidential or that, under the circumstances of disclosure, ought to be treated as confidential.
29. “Spam”: Unsolicited or irrelevant messages, postings, or emails sent for the primary purpose of advertising, promotional activities, or any other form of communication that violates the Community Guidelines.
30. “Account Suspension”: The temporary or permanent restriction of access to a User Account by AirshipXP, resulting from a violation of these Terms and Conditions or at the discretion of AirshipXP to maintain the integrity of the platform.
31. “Local Content”: Content that is specific to a particular geographic region and intended for audiences within that locality, as specified in the posting guidelines of the platform.
32. “Violation Report”: A formal submission by a User to notify AirshipXP of another User’s breach of these Terms of Use or Policies, enabling appropriate investigation and action.
33. “Affiliate Marketing”: Marketing where a User promotes products or services of a third party in exchange for a commission, which is not allowed on AirshipXP without prior written consent.
34. “Misrepresentation”: Any false or misleading statements, claims, or information posted by a User, which could result in fraudulent or deceptive practices on the platform.
35. “Jurisdiction”: The specific geographic area and legal authority under which these Terms of Use shall be interpreted and disputes resolved, as designated by AirshipXP.
36. “Binding Arbitration”: A legal mechanism for resolving disputes in which both parties agree to abide by the decision of an arbitrator, whose decision is final and legally enforceable, as specified within these Terms of Use.

Clause 2. ACCEPTANCE OF TERMS

By accessing or using the AirshipXP platform, including but not limited to the website, mobile application, servers, and any related services (collectively, the “Platform“), User agrees to be bound by these Terms and Conditions (“Terms“), as well as any other applicable policies, guidelines, or rules referenced herein and agree to comply with and be bound by these Terms and Conditions. This agreement applies to all Users, including but not limited to Consignors, Carriers, and Consignees. Users’ access and continued use of the Platform constitutes acceptance of these Terms in their entirety.

Provided: This agreement applies regardless of how the platform is accessed, whether by computer, mobile device, or other technology.
Users are advised to carefully read these Terms before using the platform. By clicking “Accept” or continuing to use any part of the AirshipXP platform, Users affirm that they have read, understood, and consent to these Terms, along with any additional policies referenced herein, including but not limited to the Privacy Policy, Community Guidelines, and specific rules governing prohibited items.

1. Legally Binding Agreement: Users acknowledge that by creating an account, posting a request, accepting a delivery, or otherwise interacting with the Platform or accessing or using any services on the Platform, they are entering into a legally binding agreement with AirshipXP.
2. Capacity to Agree: Users represent and warrant that they have the legal capacity to enter into this agreement. If the User is an entity, the person agreeing on behalf of the entity represents that they have the authority to bind the entity to these Terms. Individuals must be at least 18 years of age or have attained the age of majority in their jurisdiction to use the platform as a Consignor, Partner, or Carrier. Any use of the platform by individuals under the age of majority must be supervised by a parent or legal guardian, who agrees to be bound by these Terms on behalf of the minor.
3. Acknowledgement of Reading: Users affirm that they have read and understood these Terms, and further acknowledge that it is their responsibility to review and comply with these Terms during each use of the Platform.
4. Additional Agreements: Specific services offered by AirshipXP may be subject to additional terms and conditions, policy, rules and regulation which will be presented to the User for acceptance at the time of use. By accepting those additional terms, Users agree that those terms are incorporated into this Agreement.
5. Modification of Terms: AirshipXP reserves the right to revise, modify, or update these Terms at any time at its sole discretion. Such modifications will become effective upon posting to the Platform unless otherwise specified. It is the responsibility of Users to regularly review these Terms for any updates or changes.
   Provided: that the modified terms shall not be applicable retrospectively.
6. Continued Use as Acceptance: Continued use of the Platform after any changes or updates to the Terms constitutes the User’s acceptance of those modified terms. If a User does not agree to the modified terms, their only recourse is to discontinue use of the Platform and request the closure of their account.
7. Material Modifications: AirshipXP will provide prominent notice for material changes, modifications that significantly impact the rights or obligations of Users via the Platform, email, or other reasonable means of communication. In such cases, AirshipXP may require Users to expressly agree to the revised terms before continuing to use the Platform. Users are encouraged to ensure that their contact information is accurate and up-to-date to receive such notices.
8. Immediate Updates for Compliance: AirshipXP reserves the right to modify the Terms immediately in response to changes in legal requirements, regulatory compliance, or safety concerns without prior notice to Users. Such changes will be effective upon posting to the Platform or as required by law.
9. Disagreement with Changes: If a User does not agree with any modifications or amendments to the Terms, they must cease using the Platform immediately. Continued use after the effective date of any such changes shall be deemed as acceptance of the revised Terms.

Clause 3. RESPONSIBILITIES, WARRANTIES AND GUARANTEES

If any user fails to act as per the Responsibilities, Warranties and Guarantees as enumerated hereinbelow, AirshipXP and the other users shall not be held liable for the losses, damages, legal repercussions and consequences as a result of such act or omissions.

1. Consignor Responsibilities, Warranties and Guarantees: In order to facilitate smooth and efficient deliveries, the consignor agrees to the following:
   1. Accurate Consignment Details: The consignor agrees that they shall provide precise and complete information about the Consignment, including but not limited to the nature of the items, dimensions, weight, photograph, and content descriptions. Failure to provide accurate information may result in delays, additional fees, rejection of the Consignment by the Carrier, or other penalties.
   2. Declared Value: The consignor agrees that they shall accurately declare the value of the Consignment to facilitate insurance coverage, if applicable, and to ensure proper handling by the Carrier.
   3. Contact Information: The consignor agrees to provide valid and current contact details, including a phone number and email address, to allow for communication regarding pickup, transit, or delivery issues.
   4. Safe and Secure Packaging: The consignor agrees that they shall be responsible for ensuring that the Consignment is securely packaged, using materials suitable for the nature of the items being shipped. Proper packaging must minimize the risk of damage during transit, including shock absorption, bubble wrap, protection from moisture, and prevention of leakage.
   5. Compliance with Carrier Guidelines: The consignor agrees that they must package the Consignment in accordance with guidelines provided by the Carrier and AirshipXP. These guidelines may include specific packing requirements for fragile, hazardous, or valuable items.
   6. Labeling: The Consignor agrees that they shall provide clearly labeled with the full address of the consignee, including any relevant contact information and handling instructions, such as “Fragile” or “This Side Up” where applicable. Inaccurate labeling may lead to delivery errors or the refusal of the Consignment.
   7. Prohibited Items: The consignor agrees that no prohibited items are included in the Consignment as defined in Schedule 1.
   8. Restricted Goods Compliance: If the consignor intends to ship restricted items that require special permissions, licenses, or handling (e.g., alcohol, lithium batteries, medical devices), it is the consignor’s responsibility to comply with all applicable legal and regulatory requirements. Proof of such compliance may be requested by AirshipXP or the Carrier prior to accepting the Consignment.
   9. Liability for Prohibited Consignments: Should the consignor knowingly or unknowingly attempt to ship prohibited items, they shall be solely liable for any resulting fines, penalties, legal actions, or other consequences. AirshipXP and Carrier reserves the right to reject, confiscate, or report Consignments containing prohibited items to relevant authorities without prior notice.
   10. Availability for Pickup: The consignor agrees to ensure that the Consignment is properly prepared and available at the agreed pickup time. Failure to have the package ready on time may result in additional fees, rescheduling charges, or cancellation of the delivery by the Carrier.
   11. Access Requirements: The consignor agrees to provide clear instructions regarding access to the pickup location, including any necessary permissions for the Carrier to enter private property, building codes, or security requirements.
   12. Adherence to Regulations: The consignor agrees to ensure that the Consignment complies with all applicable local, national, and international laws and regulations, including export and import controls, customs documentation, and safety regulations, as applicable.
   13. Documentation: The consignor agrees that it shall be its sole responsibility for providing all necessary documentation, including but not limited to customs declarations, invoices, permits, or certificates of origin, for Consignments that require such paperwork. Missing or inaccurate documentation may cause delays, fines, or seizure by customs authorities.
   14. Indemnification: The consignor agrees to indemnify and hold AirshipXP and the Carrier harmless from any claims, damages, or liabilities arising from inaccurate information, improper packaging, or the inclusion of prohibited or restricted items. This includes legal costs incurred due to the consignor’s failure to comply with these responsibilities.
   15. Responsive Communication: The consignor agrees to be responsive to communications from AirshipXP or the Carrier regarding the Consignment. This may include responding promptly to questions, providing additional instructions, or clarifying information when needed.
   16. Issue Resolution: In the event of any issue during pickup, transit, or delivery including but not limited to damage, delay, or lost Consignment, the consignor must cooperate fully with AirshipXP and the Carrier in resolving the matter, including providing any required information or documentation.
   17. Opportunity to Inspect: The consignor agrees to provide the carrier an unrestricted, full, uninterrupted, and, complete opportunity to inspect the consignment and its relevant compliance with Local, National, and International Laws, failing which the Carrier shall have a right to reject the Consignment.
2. Carrier Responsibilities, Warranties and Guarantees: In order to ensure the safe, timely, and effective delivery of consignment, the Carrier agrees to the following:
   1. Reasonable Care: The Carrier agrees to handle all Consignments with a reasonable standard of care to prevent any loss, damage, or deterioration of the package. This includes but is not limited to proper carriage, packaging, and storage during transit to prevent any physical damage.
   2. Compliance with Handling Instructions: The Carrier agrees to follow any specific handling instructions provided by the consignor, including labels such as “Fragile,” “This Side Up,” or “Keep Dry.” Failure to comply with these instructions may result in liability for any resultant damage.
   3. Vehicle and Equipment Maintenance: The Carrier agrees to ensure that the vehicles and equipment used for transportation are in proper working order and suitable for the type of goods being carried. This includes maintaining a clean and safe environment for transporting Consignments.
   4. Handling Special Items: If the Consignment contains fragile, perishable, or hazardous items or subject to items as enumerated in Schedule 1, the Carrier is required to take extra precautions, such as proper securing of the items and avoiding rough handling.
   5. Timely Delivery: The Carrier agrees to make reasonable efforts to deliver the Consignment within the agreed timeframe specified at the time of accepting the consignor’s request. While occasional delays may occur due to factors outside the Carrier’s control, such as weather or traffic, the Carrier must communicate any anticipated delays to the consignor and consignee.
   6. Adherence to Agreed Route: The Carrier agrees to follow the agreed route or use the most efficient route available to ensure timely delivery. Any significant deviations that may impact the delivery schedule must be communicated in advance.
   7. Delivery Attempts: The Carrier agrees to and is responsible for making at least one reasonable attempt to deliver the Consignment to the consignee at the address specified by the consignor. If the delivery attempt is unsuccessful due to circumstances beyond the Carrier’s control, the Carrier must notify both the consignor and AirshipXP, and follow any further instructions.
   8. Liability for Negligence: The Carrier agrees that it be held liable for any loss or damage to the Consignment if it is determined that such loss or damage resulted from negligence, improper handling, or failure to comply with the instructions provided by the consignor or AirshipXP.
   9. Limited Liability: The Carrier’s liability for any damage or loss is subject to certain limitations, including the declared value of the Consignment, the nature of the goods, and the agreed-upon terms and conditions hereunder and the terms of Insurance. Liability may also be limited based on local laws and the specific contractual terms agreed to between the Carrier and consignor.
   10. Inspection of Packages: Upon accepting a Consignment, the Carrier must perform a visual inspection to confirm that the packaging is intact and free from visible defects that could lead to damage during transit. If any issues are noticed, the Carrier must immediately inform the consignor and AirshipXP before proceeding. Further the carrier must also ensure that the consignment does not contain any unlawful object carrying which may cause repercussions.
   11. Reporting Damage or Loss: If any damage or loss occurs during transit, the Carrier must report it immediately to both AirshipXP and the consignor, providing a detailed description of the incident. Failure to promptly report such incidents may increase the Carrier’s liability.
   12. Status Updates: The Carrier agrees to provide regular updates on the status of the Consignment, especially if there are any unexpected changes or delays. This can include confirming the successful pickup, updates during transit, and notification upon delivery.
   13. Responding to Inquiries: The Carrier agrees to be available to respond to inquiries from AirshipXP, the consignor, or the consignee regarding the Consignment. Any communication must be professional and timely.
   14. Adherence to Laws: The Carrier agrees to be responsible for complying with all applicable local, national, and international laws and regulations during the transportation of Consignments. This includes traffic laws, transportation safety regulations, and any other relevant legal requirements.
   15. Security Measures: The Carrier agrees to take reasonable security measures to protect the Consignment from theft, tampering, or unauthorized access during transit. This includes locking it when unattended and monitoring the Consignment while in their custody.
   16. Emergency Situations: In the event of an emergency, such as an accident or breakdown during transit, the Carrier must take immediate steps to safeguard the Consignment and notify AirshipXP and the consignor of the situation. The Carrier must follow any further instructions provided to ensure minimal disruption.
   17. Professional Behavior: The Carrier agrees to conduct themselves in a professional manner at all times while interacting with the consignor, consignee, or any other parties involved. This includes being courteous, punctual, and respectful during all communications.
   18. Identification: The Carrier must present identification upon pickup and delivery when required by the consignor or consignee, ensuring transparency and trustworthiness throughout the transaction.
   19. Liability for Actions: The Carrier agrees to indemnify and hold harmless AirshipXP, the consignor, and any other affected parties from claims, damages, or liabilities arising from the Carrier’s actions, including negligence, mishandling of Consignments, or non-compliance with laws and regulations.
   20. Notification of Failed Delivery: In the event that a delivery cannot be completed for reasons beyond carrier’s control or due the act or omission of consignee, the Carrier must promptly notify AirshipXP and the consignor. The Carrier must provide details of the attempted delivery and any issues encountered.
3. Consignee Responsibilities: The consignee agrees to following responsibilities and warrants and guarantees to facilitate the smooth receipt of Consignments, that
   1. Availability for Delivery: The Consignee agrees to be responsible for being available to receive the Consignment at the agreed delivery location and time. The Consignee agrees to take all reasonable efforts to ensure that someone is present to accept the package.
   2. Identification Requirement: Upon delivery, the Consignee must provide any necessary identification requested by the Carrier to verify their identity or the legitimacy of the receipt. This can include a government-issued ID, order confirmation, or any other verification documentation specified by the Consignor, Partner, or AirshipXP.
   3. Alternate Arrangements: The Consignee agrees that if they are not present at the time of delivery, it is their responsibility to arrange for an authorized representative to receive the Consignment on their behalf. The Consignee must ensure that this representative is properly informed and capable of meeting the acceptance requirements, including providing identification if needed.
   4. Visual Inspection at Delivery: The Consignee must inspect the Consignment immediately upon delivery to check for any visible damage, tampering, or discrepancies. This inspection should be conducted in the presence of the Carrier, if possible, to document any issues at the time of receipt.
   5. Refusal of Delivery: If the Consignment arrives with visible signs of damage or tampering, the Consignee has the right to refuse acceptance. In such cases, the Consignee must immediately inform AirshipXP and provide details about the refusal to initiate appropriate actions.
   6. Reporting Damage: In the event that visible damage is noticed upon delivery, the Consignee must report it to the Carrier. The Consignee should document the damage with photographs and promptly report the issue to both the Consignor and AirshipXP, providing a detailed description of the damage observed.
   7. Hidden Damage or Discrepancies: If hidden damage or discrepancies including but not limited to missing items are discovered after the initial inspection, the Consignee must notify AirshipXP and the Consignor immediately, as stipulated by AirshipXP’s policies. Delays in reporting may affect the ability to file claims for damages or losses.
   8. Compliance with Laws: The Consignee must ensure that the receipt and possession of the Consignment comply with all applicable local, national, and international laws and regulations. If the Consignment contains items subject to regulation (e.g., age-restricted products), the Consignee must meet all legal requirements for acceptance.
   9. Assistance with Delivery: The Consignee agrees to provide any reasonable assistance to facilitate delivery, such as giving clear instructions for access to the delivery location or providing building entry codes if required. Any restrictions or special requirements should be communicated in advance.
   10. Confirmation: When required, the Consignee must provide a signature, digital signature or one time password, as the case may be, to confirm the successful delivery of the Consignment.
   11. Secure Handling: After accepting the Consignment, the Consignee is responsible for ensuring the package is handled securely. Any loss or damage occurring after successful delivery and acceptance is the responsibility of the Consignee.
   12. Initiating Claims: If any issues such as damage, loss, or tampering are identified upon delivery or during subsequent inspection, the Consignee must cooperate with AirshipXP and the Consignor in the claims process. This includes providing documentation, photographs, and written statements about the condition of the Consignment upon receipt.
   13. Timeframe for Claims: The Consignee must initiate any claims related to damages, losses, or discrepancies within the timeframe specified by AirshipXP’s policies. Failure to comply with these timeframes may result in the forfeiture of rights to compensation.
   14. Responding to Inquiries: The Consignee must respond promptly to any inquiries from AirshipXP, the Carrier, or the Consignor regarding the delivery or condition of the Consignment. This is particularly important if any issues arise during the delivery process.
   15. Providing Feedback: The Consignee is encouraged to provide feedback on their experience with the delivery process. This information helps AirshipXP improve its services and address any concerns related to the Carrier or overall delivery process.
   16. Liability for Improper Receipt: If the Consignee fails to adhere to the requirements for receiving or inspecting the Consignment, they shall be liable for any resulting damages, including additional costs associated with failed deliveries, damage claims, or loss of goods.
   17. Cooperation in Legal Matters: The Consignee agrees to indemnify AirshipXP, the Carrier, Partner, and the Consignor for any losses or liabilities resulting from actions that violate these Terms and Conditions, including failure to comply with legal requirements for restricted or regulated items.
   18. Responsibility for Re-Delivery: If the Consignee is not available at the time of delivery and no alternate arrangements have been made, the Consignee shall be liable for any additional costs associated with storage, re-delivery, or return of the Consignment to the Consignor.
   19. Return to Consignor: In the event that the delivery fails completely and the Consignment must be returned to the Consignor, the Consignee shall be held responsible for any costs or losses incurred due to their failure to receive the Consignment as agreed.

Clause 4. CONSIGNMENT RESTRICTIONS

To ensure compliance with legal, safety, and regulatory requirements, all users must adhere to specific restrictions on the types of items that can be shipped using the AirshipXP platform. These categories of prohibited and restricted items are appended hereto in Schedule 1.

Clause 5. CUSTOMS COMPLIANCE

Consignments crossing international borders must comply with the customs regulations of the countries involved. The following obligations apply to the consignor regarding customs compliance:

1. Required Paperwork: The consignor shall be responsible for preparing and providing all required customs paperwork, including but not limited to commercial invoices, certificates of origin, export permits, and any other necessary documentation.
2. Accuracy of Information: All customs declarations must be complete and accurate. The consignor must provide an accurate description of the items, the declared value, the country of origin, and the intended use, where applicable.
3. Regulatory Compliance: It is the consignor’s responsibility to ensure that Consignments comply with all applicable import and export regulations. This includes determining whether items are restricted or require additional licensing before shipping.
4. Customs Duties and Taxes: Any customs duties, tariffs, taxes, or other fees levied by the importing country are the responsibility of the consignor or consignee, as applicable. The platform may facilitate payment of such fees, but it is ultimately the consignor’s duty to ensure compliance.
5. Customs Inspection: Consignments that are subject to inspection by customs authorities. Delays, confiscation, or rejection of Consignments due to improper paperwork or non-compliance are the responsibility of the consignor.
6. Penalties and Liabilities: If a Consignment is found to be non-compliant with customs regulations or contains undeclared or restricted items, the consignor shall be liable for penalties, fines, or legal action. AirshipXP and the Carrier shall not be held responsible for such penalties.
7. Prohibited Destinations: Consignments to countries that are subject to international trade restrictions, sanctions, or embargoes are strictly prohibited. It is the consignor’s responsibility to verify that the destination is not subject to any such restrictions before initiating the Consignment.

Clause 6. Fees and Payment

Service Fees: To provide transparency, AirshipXP service fees are structured, including platform fees, carrier fees, and any applicable surcharges are hereby clearly outlined.

1. Platform Fees: AirshipXP charges a fee for facilitating connections between consignors and carriers, as well as providing the technology infrastructure needed for the service. Platform fees are calculated as a percentage of the total delivery cost.
2. Carrier Fees: The carrier fee is the amount charged by the carrier for physically transporting the Consignment. Carrier fees are determined based on factors such as distance, weight, dimensions of the Consignment, and any additional services, such as expedited shipping or handling of fragile items.
3. Surcharges: Additional surcharges may apply in specific situations, including but not limited to:
   1. Customs and Border Fees: For international Consignments that require customs processing.
   2. Peak Season Fees: Additional charges during high-demand periods including but not limited to New Years Eve, Christmas, Thanksgiving, Halloween, Easter, Hanukkah, Diwali, Holi, Kwanzaa.
   3. Fee Disclosure: All applicable fees, including platform, carrier, and surcharge amounts, will be disclosed to the consignor before finalizing the Consignment request. Users will have the opportunity to review and agree to these fees before proceeding with payment.
   4. Full Payment Upon Acceptance: The consignor must authorize full payment for the service when the Consigner completes the Consignment request. Payment is collected by AirshipXP and held securely until the delivery is confirmed.
   5. Release of Funds: Payment will be released to the carrier once the consignee confirms receipt of the Consignment, indicating successful delivery. If no confirmation is provided within a specific period after attempted delivery, AirshipXP may release payment based on verification by the carrier.
   6. Prepayment: Consignors are required to pre-pay the entire Consignment fee upfront. This applies to all Consignments.
   7. Failure of Payment: If the payment method fails or is declined, the consignor must provide an alternative payment method immediately. Failure to resolve payment issues shall result in cancellation of the Consignment.
   8. Currency: All transactions on the AirshipXP platform will be processed in the ‘United State Dollar’, ‘USD’, ‘$’, to avoid discrepancies and ensure clarity. AirshipXP has the sole discretion to add any and all currencies in the future.
   9. International Consignments: For consignors and carriers operating in different countries, the final amount may vary based on exchange rates applied by the user’s payment processor or financial institution until additional currency options are made available. AirshipXP is not responsible for any additional charges resulting from currency exchange or conversion.
   10. Applicable Currency Charges: Any currency conversion fees imposed by the payment processor or financial institution are the responsibility of the consignor. AirshipXP is not liable for discrepancies resulting from exchange rate variations.
   11. Refunds: Refund policies define the conditions under which consignors may be eligible for a refund, ensuring fair treatment in case of service disruptions or cancellations.
   12. Non-Delivery: If a Consignment is not successfully delivered and it is determined that the failure was due to the fault of the carrier or AirshipXP, the consignor may be eligible for a full or partial refund, subject to review.
   13. Cancellation by Consignor: If the consignor decides to cancel the Consignment after the carrier has accepted the request but before pickup, a cancellation fee may apply. The remaining balance will be refunded to the consignor in accordance with the cancellation timeline.
   14. Force Majeure Events: Refunds may not be available if delivery is delayed or canceled due to force majeure events, such as natural disasters or political unrest, that are beyond the control of AirshipXP or the carrier.
   15. Damaged Goods: If a Consignment is delivered in a damaged condition due to carrier negligence, the consignor may receive a full or a partial refund to cover the loss. Any refund is subject to the claims process, including the provision of evidence including but not limited to photographs of any such damage.
   16. Unsuccessful Delivery Attempts: If multiple delivery attempts are made and the consignee cannot be reached, the consignor may be charged for storage, re-delivery, or return fees. In such cases, no refunds shall be provided.
   17. Initiating a Refund Request: To initiate a refund request, the consignor must contact AirshipXP customer support within 6 hours, providing relevant details and evidence. Each request will be reviewed on a case-by-case basis.
   18. Refund Timelines: Refunds will be processed back to the original payment method within a specified number of business days after approval. AirshipXP will notify the consignor once the refund has been initiated.
   19. Surcharges: Any surcharges, such as fuel adjustments or handling fees, are non-refundable once the Consignment is in transit.

Clause 7. LIMITATION OF LIABILITY

1. Liability: AirshipXP operates as a platform and a facilitator to connect consignors with carriers, and therefore its liability is strictly limited. Further
   1. AirshipXP is not responsible for any loss, damage, delay, or mishandling of Consignments by carriers. The platform acts solely as an intermediary and does not take possession of goods at any point.
   2. AirshipXP is not liable for any errors, omissions, or wrongful acts committed by carriers or any third party involved in the transportation of Consignments.
   3. If a loss or delay occurs directly due to a technical failure or error on the part of AirshipXP, limited compensation may be provided. This will be assessed on a case-by-case basis and shall be at the sole discretion of AirshipXP.
   4. Negligent Handling by Carrier: The carrier may be held liable for any damage, loss, or destruction of goods if it is determined that such occurrences resulted from negligence, improper handling, or failure to adhere to the agreed terms of transportation.
   5. Carrier’s Failure to Follow Instructions: If the carrier does not follow the specific handling or transit instructions provided by the consignor as a consequence damages results from such failure, act or omission, the carrier shall be held accountable.
   6. Maximum Coverage: The carrier’s liability is limited to the maximum value of the consignment.
   7. Carrier Liability Exclusions: The carrier will not be held liable for loss or damage arising from circumstances beyond their control, including:
      1. Acts of Nature: Events such as floods, hurricanes, earthquakes, or any other natural disaster.
      2. Government Actions: Delays, losses, or confiscation due to customs authorities or other government interventions.
      3. Improper Packaging by Consignor: Damage caused by inadequate or improper packaging is not the responsibility of the carrier.
   8. Timely Notification: To hold the carrier liable, the consignor or consignee must report any loss or damage immediately upon delivery or after it becomes apparent. Delays in reporting may lead to denial of compensation claims.
   9. Insurance Options: To provide additional protection against potential losses or damages, AirshipXP may offer insurance options to consignors.
      1. Basic Coverage: By default, Consignments may have limited liability coverage provided by the carrier, which is usually based on weight or Consignment value. This basic coverage is limited and may not cover the full value of high-value items.
      2. Purchase Option: Consignors may purchase additional insurance through AirshipXP for Consignments with higher declared values. This optional insurance provides greater coverage against potential risks, such as theft, damage, or loss during transit.
      3. Coverage Limits: The consignor can select the desired level of coverage based on the declared value of the Consignment. Detailed insurance terms, including coverage limits, exclusions, and premiums, will be made available at the time of Consignment booking.
   10. Filing a Claim: If an insured Consignment is lost, damaged, or otherwise impacted, the consignor must file a claim with AirshipXP or the insurer within a specified timeframe. The claim must include detailed information, such as:
       1. Proof of Value: Receipts or invoices showing the value of the goods.
       2. Evidence of Damage: Photographic evidence and documentation of the damaged items.
       3. Claim Assessment: The insurance provider will assess claims based on the nature of the loss or damage, and compensation will be provided according to the policy terms.
   11. Insurance Exclusions: Insurance will not cover the following:
       1. Improper Packaging: Insurance will not cover damage that results from improper or inadequate packaging by the consignor.
       2. Prohibited or Restricted Goods: Items that are prohibited or restricted under AirshipXP policies will not be covered by insurance.
   12. Delivery Time Estimates: Any estimated delivery times provided on the platform are for reference purposes only and are not guaranteed. Many factors beyond the control of AirshipXP or the carrier may affect delivery times, including traffic, weather conditions, and customs delays for international Consignments.
   13. Force Majeure: AirshipXP and the carrier are not liable for delays or failure to deliver due to events beyond their control, such as natural disasters, government interventions, strikes, or other force majeure events.\
   14. No Compensation for Consequential Damages: AirshipXP shall not be held liable for any indirect, incidental, or consequential damages, including financial losses, missed opportunities, or inconvenience caused by delivery delays. Users should not rely on guaranteed delivery times for urgent or critical Consignments.
   15. Shipping Time Sensitivity: Should a Consignment require a specific delivery time frame due to its sensitivity including but not limited to perishable goods, medicines, it is the responsibility of the consignor to communicate these needs clearly and to consider purchasing additional services or insurance to mitigate risk.
   16. Tracking Information: AirshipXP shall provide tracking tools for consignors and consignees to monitor the Consignment’s progress. However, the accuracy and reliability of tracking data are not guaranteed, and AirshipXP will not be responsible for any discrepancies or delays in updating Consignment status.

Clause 8. DISPUTE RESOLUTION

The dispute resolution process, enumerated herein below, aims to provide a fair, efficient, and structured approach to resolving any conflicts or issues that may arise during the use of the AirshipXP platform. This Clause outlines how Users should report issues, the process of arbitration, the role of the platform, and the conditions for arbitration if necessary.

1. Reporting Issues: Timely reporting of issues is crucial to initiating the dispute resolution process and ensuring that problems such as non-delivery, loss, or damage are addressed appropriately. Users must report any issues, such as non-delivery, damage, or discrepancies, as soon as they become aware of them. Ideally, issues should be reported immediately or on the expected delivery date for non-delivery issues.
2. Formal Complaint Submission: To officially initiate a dispute, the consignor, consignee, or carrier must submit a formal complaint through the AirshipXP platform using the provided support tools. This can include completing an online form or sending an email with detailed information regarding the issue.
3. Details to Provide: Users must provide relevant information, including:
   1. Booking ID: Unique identifier assigned to the Consignment.
   2. Description of Issue: A detailed explanation of the issue, including any relevant timelines and descriptions of loss or damage.
   3. Evidence: Supporting documentation, such as photographs of damaged items, proof of value, and tracking details.
4. Response Timeframe: Upon receiving a report, AirshipXP will acknowledge receipt of the complaint within 2 business days. The platform will initiate a preliminary review and inform the parties involved of the next steps in addressing the issue.
5. Mediation: Mediation is the first step for resolving disputes between consignors and carriers, providing an opportunity for both parties to reach an amicable resolution with the assistance of AirshipXP.
6. Failure to Reach Agreement: Should the mediation fail, the parties will be notified, and the matter may proceed to arbitration. All efforts to reach a resolution through mediation will be documented and considered during arbitration.
7. Platform Involvement: AirshipXP reserves the right to become actively involved in disputes between users to ensure fairness and transparency.
   Platform’s Role: AirshipXP will get directly involved in disputes if:
   1. Mediation fails to resolve the issue.
   2. There is evidence of a violation of AirshipXP’s Policies or Terms of Use.
   3. The dispute involves a significant financial amount or risk to the platform’s reputation.
   4. Platform Investigation: In cases where AirshipXP becomes involved, a thorough investigation will be conducted by the platform, including reviewing documentation, communications between parties, and any other relevant evidence.
   5. Final Determination: Following the investigation, AirshipXP will make a final determination regarding liability, compensation, or other appropriate actions. This determination will be binding on the parties involved, subject to any further arbitration proceedings.
   6. Account Actions: During an ongoing dispute, AirshipXP reserves the right to take temporary measures, such as placing a hold on payments, suspending user accounts, or holding Consignments until the matter is resolved.
8. Arbitration: If the nature of the disputes is such that they cannot be resolved through mediation or platform involvement, the matter will be referred to arbitration, which will serve as the final means of dispute resolution.
   1. Agreement to Arbitrate: By using the AirshipXP platform, all users agree that unresolved disputes will be submitted to binding arbitration.
   2. Arbitration Jurisdiction: Arbitration will be conducted in accordance with the rules of the jurisdiction specified in these Terms and Conditions. The laws of the governing jurisdiction will apply to any arbitration proceeding.
   3. Neutral Arbitrator: A single, neutral arbitrator will be appointed to handle the dispute.
   4. Location: The arbitration proceedings will be conducted in Colorado, USA, or in cases where this is not possible, the arbitration may also be conducted virtually.
   5. Cost-Sharing: Each party will be responsible for their own legal costs and a share of the arbitrator’s fees. The arbitrator may assign these costs differently if they determine that one party acted in bad faith or was otherwise unreasonable.
      Provided: Each party shall have the right to recoup such cost from the party against whom such award is passed.
   6. Final Decision: The decision rendered by the arbitrator shall be final and binding on both parties. The parties waive any right to appeal, except in cases of manifest error or fraud by the arbitrator.
   7. Enforceability: The arbitrator’s decision can be enforced in any court of competent jurisdiction. Both parties agree to comply promptly with the award, including any financial compensation or other orders made by the arbitrator.

Clause 9. USER CONDUCT

AirshipXP aims to provide a safe, lawful, and cooperative environment for all users of its platform. To ensure a positive experience, users must adhere to certain rules of conduct. This section outlines the expectations for user behavior and the consequences for failing to comply.

1. Applicable Laws and Regulations: All users must comply with all applicable local, national, and international laws, rules, and regulations while accessing and using the AirshipXP platform. This includes, but is not limited to, regulations relating to transportation, customs, export control, and data privacy.
2. Legally Permissible Activities: Users are responsible for ensuring that their activities, including posting Consignments, transporting goods, and receiving deliveries, are legally permissible within their jurisdiction. This applies to both the consignor and the carrier, including the legality of the goods being transported.
3. Geographic Limitations: Users must not use the platform in jurisdictions where it is prohibited or restricted by law. It is the responsibility of each user to understand the legal restrictions of their location and adhere to such restrictions accordingly.
4. Misrepresentation: Users are prohibited from misrepresenting their Identity, Nature, quantity, or value of goods being shipped. All information provided must be accurate, truthful, and complete.
5. Identity Theft and Fraud: Users shall not impersonate another person or entity, create a false identity, or otherwise attempt to mislead others regarding the identity of the sender or recipient of a Consignment.
6. Illegal Goods: Users are strictly forbidden from using the platform to ship items that are prohibited or restricted under AirshipXP’s Consignment Restrictions or applicable law. This includes but is not limited to the terms as laid down in Schedule 1.
7. Money Laundering and Financial Crimes: Users may not use the platform for money laundering, financing illegal activities, or any other financial crimes.
8. Harassment: Users must not harass, threaten, abuse, or intimidate other users. This includes, but is not limited to, verbal abuse, stalking, or sending unwanted messages via the platform’s communication tools.
9. Offensive Content: Users are not allowed to post, share, or distribute any content that is defamatory, obscene, offensive, or otherwise inappropriate. This includes, but is not limited to, content that promotes hate speech, violence, or discrimination.
10. Spam and Unauthorized Advertising: Users shall not post unsolicited advertisements, chain letters, pyramid schemes, or other forms of spam. The platform must not be used for any form of unauthorized commercial solicitation.
11. Unauthorized Access: Attempting to gain unauthorized access to any part of the AirshipXP platform, including user accounts, computer systems, or networks connected to the platform, is strictly prohibited. This includes bypassing or attempting to bypass any security measures in place. Any such attempt, successful or unsuccessful shall be met with full legal force.
12. Failure to Adhere to Guidelines: Users are required to comply with all guidelines, policies, and procedures set forth by AirshipXP, including those related to Consignment restrictions, user conduct, and dispute resolution.
13. Refusal to Provide Information: Users must provide accurate information when required by the platform or during investigations. Refusal to cooperate or providing false information is a violation of these terms.
14. Termination: AirshipXP reserves the right to suspend or terminate user accounts under specific conditions to maintain the safety, security, and integrity of the platform as deemed appropriate.
15. Violation of Terms: If a user violates any provisions of these Terms and Conditions, including prohibited activities, harassment, or non-compliance with policies, AirshipXP may immediately suspend or terminate their account.
16. Illegal Activities: Users found to be engaging in illegal activities, either on or off the platform, in connection with their use of AirshipXP’s services, will have their account terminated without notice and shall be reported to law enforcement authorities.
17. Fraudulent Behavior: Accounts involved in fraudulent activities, including payment fraud, identity theft, or misrepresentation, will be terminated. Users may also be subject to further legal action and shall be reported to the relevant legal authorities.
18. Platform Investigation: In the event of suspected violations, AirshipXP may conduct an investigation, during which time the user’s account may be suspended temporarily. Users are expected to cooperate fully with any such investigation.
19. Notice of Termination: If an account is terminated, AirshipXP will notify the user via the contact information provided during registration. The notice will provide a brief explanation of the reason for the termination and any available appeals process if deemed appropriate.
20. Access to Services: Users whose accounts are terminated will lose access to all features of the platform, including pending Consignments, payment balances, and communication tools.
21. Outstanding Obligations: Account termination does not relieve the user of any financial obligations, including payments due for services provided before termination, fees for canceled Consignments, or reimbursement for damages caused.
22. Data Deletion: Upon termination, AirshipXP reserves the right to delete any data associated with the terminated account, including user profiles, transaction history, and communication logs, as per the privacy policy. However, certain data may be retained if required by law or for record-keeping purposes.
23. Request for Reconsideration: Users whose accounts have been suspended or terminated may submit a written appeal to AirshipXP within 14 days of the termination notice. The appeal must include relevant details, evidence, and an explanation for reconsideration.
24. Review of Appeal: AirshipXP will review the appeal and make a determination within 30 days of receiving it. The decision of AirshipXP regarding reinstatement of accounts is final and binding.
25. Reporting Misconduct: Users are encouraged to report any suspicious behavior, misuse of the platform, or violations of these Terms and Conditions. Reports can be made using the reporting tools available on the platform or by contacting customer support.
26. Confidentiality and Protection: Reports of misconduct will be treated confidentially, and AirshipXP will take appropriate action to investigate and address any reported violations while protecting the reporting user’s identity.

Clause 10. RISK ACKNOWLEDGEMENT

The nature of transporting goods inherently involves certain risks. This section sets out the acknowledgment of these risks by all users, specifically the consignor and consignee, and clarifies the limitations on the guarantees provided by AirshipXP.

1. Assumption of Risk: By using the AirshipXP platform, all users, including consignors and consignees, expressly acknowledge and accept the risks associated with the transportation of goods.
2. Possibility of Loss, Damage, or Theft: The consignor and consignee understand and accept that Consignments may be subject to various risks, including, but not limited to, loss, damage, or theft during the shipping process. Despite measures taken to minimize such risks, no Consignment is completely free from these potential hazards.
3. Handling and Transit: During handling, loading, unloading, and transit, goods may be exposed to factors such as rough handling, weather conditions, vibrations, or temperature changes, all of which could result in damage. Users must recognize these potential dangers and consider them before initiating a Consignment.
4. External Factors: AirshipXP, consignor, and carrier all acknowledge that certain events are outside of their reasonable control, including:
   1. Weather and Natural Disasters: Severe weather conditions, floods, hurricanes, earthquakes, and other natural disasters.
   2. Traffic and Accidents: Traffic congestion, accidents, mechanical breakdowns, and other unforeseen events may disrupt the transportation process.
   3. Government and Regulatory Interventions: Customs inspections, import/export restrictions, road closures, or other regulatory actions that may delay or otherwise impact Consignment delivery.
5. Consignor Responsibility for Packaging: The consignor acknowledges that improper or inadequate packaging increases the risk of damage during transit. It is their responsibility to ensure that all items are packed securely to minimize these risks.
6. Insurance Considerations: Users are encouraged to purchase additional insurance for high-value or fragile items. The absence of insurance is a conscious decision on the part of the consignor and/or consignee, and they accept full liability for any losses that may arise.
7. User Responsibility: Users agree to cooperate fully in the Consignment process, including providing accurate information, clear delivery instructions, and being available at the agreed delivery time. Any failure to fulfill these responsibilities could increase the risks associated with Consignment and will not be the liability of AirshipXP or the carrier.
8. No Guarantee: Notwithstanding anything contained anywhere else, AirshipXP aims to facilitate efficient and safe deliveries by connecting consignors with suitable carriers. However, due to the inherent uncertainties involved in logistics and transportation, the platform makes no guarantees regarding the delivery process and shall not be held liable.
   1. The platform cannot and does not guarantee the absolute safety of any Consignment. Despite the best efforts of AirshipXP and the carriers, there remains a risk that items could be lost, stolen, damaged, or otherwise compromised during the shipping process.
   2. Although AirshipXP may conduct basic vetting of carriers, the platform does not offer any guarantee or endorsement of any individual carrier’s reliability, skills, or competence.
   3. All delivery timelines provided by the platform are estimates and not guarantees. Delays may occur for a variety of reasons, including carrier availability, route conditions, customs delays, and unforeseen disruptions. Users must consider these factors, especially when shipping time-sensitive goods.
   4. AirshipXP is not liable for any damages or losses resulting from delays in delivery. Consignors and consignees agree to release AirshipXP from any claims relating to the punctuality of a Consignment, including missed deadlines, financial losses, or any other consequential loss or damages.
   5. The AirshipXP acts as a facilitator and provides a platform between consignors and available carriers, but cannot guarantee that a carrier will always be available to fulfill every shipping request. Availability depends on various factors, including geographic location, carrier schedules, and market demand.
   6. Cancellation and Substitution: In rare cases, a carrier may cancel an accepted Consignment request. If this occurs, AirshipXP will make reasonable efforts to match the consignor with an alternative carrier. However, no guarantees are made regarding the availability or suitability of a replacement carrier.
   7. Service Provided “As Is”: Notwithstanding anything contained anywhere else, The platform and all related services are provided on an “as-is” basis. AirshipXP makes no representations or warranties, either express or implied, regarding the reliability, availability, safety, or accuracy of the platform or any other related services.
   8. No Warranty for Fitness for a Particular Purpose: AirshipXP does not guarantee that the platform will meet the specific needs or requirements of any user.
9. Risk Management:
   Users are encouraged to take proactive measures to mitigate risks, including:
   1. Insurance: Purchasing additional insurance coverage for valuable, sensitive, or fragile Consignments.
   2. Clear Instructions: Providing detailed, clear, and complete instructions for packaging, labeling, and handling to minimize risks during transit.
   3. Tracking: Utilizing available Consignment tracking tools and staying in communication with the carrier to stay informed about the Consignment status.
   4. Communication: Users are advised and encouraged to communicate in order to facilitate accurate coordination of pickup and delivery of a consignment as well as to mitigate any potential or existing delays in pickup or delivery.

Clause 11. PRIVACY POLICY

The Privacy Policy, which is set forth as a separate document, is hereby incorporated by reference and shall form an essential part of these Terms and Conditions. By accessing or utilizing the AirshipXP platform, all users expressly acknowledge and consent to the collection, use, storage, and processing of their personal information as detailed within the Privacy Policy. The Privacy Policy establishes the framework for our data management practices, outlining the rights and obligations of both the platform and its users concerning privacy and confidentiality. Users are, therefore, bound by these provisions, and any breach thereof shall be considered a violation of the present Terms.

 

Clause 12. AIRSHIPXP’s ROLE, PLATFORM ROLE AND DISCLAIMER

1. Facilitation Only: The AirshipXP platform functions exclusively as an intermediary and facilitator between consignors, carriers, and consignees, thereby providing an electronic marketplace for the posting, acceptance, and fulfillment of delivery requests. AirshipXP does not at any point take possession, custody, or control of the goods being transported, nor does it provide any physical logistics or shipping services. The contractual relationship for the transportation of goods exists solely between the consignor and the carrier, and in no event shall AirshipXP be considered a party to such agreements. The platform merely enables communications and transactions between independent parties, and any arrangements arising from such interactions are strictly between those parties.
   Users hereby expressly acknowledge that AirshipXP’s role is limited to facilitating these interactions and providing technological tools to enable the smooth execution of delivery services. The platform neither warrants nor guarantees the performance of any obligations undertaken by consignors or carriers, nor shall it be held liable for any aspect of the transportation process, including, but not limited to, packaging, transit, or delivery of goods.
2. No Endorsement: The platform expressly disclaims any endorsement, certification, or guarantee of the quality, competency, reliability, or trustworthiness of any carrier or consignor utilizing its services. AirshipXP provides a neutral platform that allows carriers to offer transportation services and consignors to select from available options. Users are advised to exercise due diligence when entering into agreements for transportation services, and any reliance placed upon a carrier or consignor, including their credentials, ratings, or any representations made, is at the sole discretion and risk of the user.
   AirshipXP does not vet, validate, or verify the qualifications, licenses, insurance coverage, or compliance status of carriers beyond the requirements stipulated during registration. By using the platform, users agree that AirshipXP is under no obligation to screen or otherwise ascertain the veracity of the information provided by other users, and AirshipXP shall bear no liability for any losses or damages arising from reliance on such information.
3. Platform Disclaimer: To the fullest extent permitted by applicable law, AirshipXP disclaims all warranties, express or implied, regarding the operation of the platform or the services provided therein. The platform shall not be held liable for any disruptions, errors, omissions, delays, or inaccuracies arising out of or related to the transportation services facilitated by third-party carriers. This includes, but is not limited to, delays caused by third-party actions or omissions, mechanical failures, strikes, labor disputes, accidents, acts of war, terrorism, or other civil disturbances, natural disasters such as floods, hurricanes, earthquakes, or any other acts of God.
   Furthermore, AirshipXP disclaims any liability for losses, damages, or injuries arising from unforeseen circumstances that fall outside the reasonable control of the platform, including but not limited to interruptions in communication lines, internet or server downtime, software failures, or acts of third-party service providers engaged by the platform.
   Users acknowledge that AirshipXP does not guarantee continuous, uninterrupted access to the platform, and there may be instances when services are unavailable due to maintenance, upgrades, or unforeseen technical issues. AirshipXP shall not, under any circumstances, be held liable for any economic loss, loss of business, loss of goodwill, or any consequential, indirect, punitive, or incidental damages, whether arising in contract, tort, or otherwise, from the use or inability to use the platform or from the acts or omissions of carriers or consignors.
   Users agree that any claims against AirshipXP shall be strictly limited to direct damages, if any, up to the value of the service fees paid to AirshipXP for the specific transaction giving rise to such a claim. Under no condition shall AirshipXP’s liability exceed the aforementioned cap, regardless of the number or nature of claims asserted.

Clause 13. GOVERNING LAW AND JURISDICTION

1. Governing Law: This Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States of America, without regard to its conflict of laws principles.
2. Dispute Resolution: Any dispute arising out of or in connection with this Terms shall be resolved through good faith negotiations between the Parties. If the dispute cannot be resolved amicably, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, with the arbitration taking place in Boulder Colorado.

Clause 14. FORCE MAJEURE

Neither party shall be in default nor liable to the other for any failure to perform directly caused by events beyond that party’s reasonable control, such as acts of nature, weather changes, labor strikes, war, insurrections, riots, acts of governments, embargoes and unusually severe weather provided the affected party notifies the other parties and AirshipXP immediately of any such occurrence. Such an event is an Excusable Delay.
Provided: THE PARTY AFFECTED BY AN EXCUSABLE DELAY SHALL TAKE ALL REASONABLE STEPS TO PERFORM DESPITE THE DELAY AND SHALL NOT TAKE THE SITUATION AS AN EXCUSE TO NOT PERFORM THEIR OBLIGATION

 

SCHEDULE 1
Below is a non-exhaustive list of prohibited requests, which cannot be posted or fulfilled on AirshipXP:

1. Illegal or Controlled Substances:

• Alcohol or cigarettes delivered to minors.
• Illegal drugs of any kind, regardless of recipient age.
• Alcohol delivery where it is illegal by state or local laws.

1. Weapons and Hazardous Items:

• Firearms, gun components, BB/pellet guns, stun guns, spear guns.
• Ammunition, Magazine Clips, Cartridges, Reloading Materials, Explosives, Fireworks.

1. Medical and Pharmaceutical Restrictions:

• Prescription drugs, medical devices, or any controlled substances.

1. Illegal or Immoral Content:

• Child pornography, bestiality, or solicitation for illegal prostitution.

1. Animals and Protected Species:

• Live pets, animal parts, or stud services.
• Endangered, imperiled, or protected species, including parts (e.g., ivory).

1. Personal or Confidential Information:

• Anyone’s personal, identifying, confidential, or proprietary information.

1. Government-Issued Items:

• Food stamps, WIC vouchers, SNAP goods, or other government assistance.
• Stolen property, altered items (e.g., with serial numbers removed), or burglary tools.
• ID cards, licenses, police insignia, government documents, birth certificates.
• S. military items that have not been properly demilitarized according to Defense Department policies.

1. Counterfeit or Restricted Items:

• Counterfeit, replica, or pirated products.
• Tickets or gift cards with transfer restrictions.

1. Gambling and Lottery Items:

• Lottery or raffle tickets, sweepstakes entries, slot machines, gambling paraphernalia.

AirshipXP maintains strict guidelines to ensure that our platform remains a safe, reliable, and positive space for all users. The following types of postings are strictly prohibited:

1. Fraudulent or Deceptive Content:

• False, misleading, deceptive, or fraudulent postings.
• “Bait and switch” tactics, keyword spam, or any attempts to misrepresent a request or offer.

1. Offensive or Harmful Content:

• Content that is offensive, obscene, defamatory, threatening, or malicious in nature.
• Spam, or postings intended to mislead or cause harm to others.

1. Misuse of Platform:

• Miscategorized, overposted, cross-posted, or nonlocal content that does not comply with intended categories or regions.
• Content whose primary purpose is to drive traffic to unrelated websites or promotional material.

1. Unsolicited Products or Services:

• Postings or emails promoting unsolicited products or services, including those linking to unrelated content.

1. Marketing Schemes:

• Affiliate marketing, network marketing, multi-level marketing, or any form of pyramid schemes.

1. Illegal or Rights-Violating Content:

• Any goods, services, or content that violate applicable laws or infringe upon the legal rights of others.

 

Please don’t use AirshipXP for these purposes, and flag anyone else you see doing so.

Thanks for helping keep AirshipXP safe and useful for everyone.

• Report violations and keep AirshipXP safe and useful for everyone. We rely on the community of users to adhere to this policy and to report any violations. AirshipXP is not responsible for monitoring the content of posts. But AirshipXP will remove posts that have been reported as violations. Users who post a request in violation of our Policies or our TOU may be banned from AirshipXP at our discretion.
  • To report a violation of this policy,
• Practice common sense and stay safe.
  • Be aware of your personal safety at all times.
    • When meeting someone for the first time, please remember to:
      • Insist on a public meeting place like a cafe, bank, or shopping center.
      • Do not meet in a secluded place, or invite strangers into your home.
      • Tell a friend or family member where you’re going.
      • Take your cell phone along if you have one.
      • Consider having a friend accompany you.
      • Trust your instincts.
    • Taking these simple precautions helps make AirshipXP safer for everyone. For more information about personal safety online, check out these resources:
      • http://www.staysafeonline.org/
      • http://www.onguardonline.gov/
      • http://getsafeonline.org
      • http://wiredsafety.org
    • Report violations of the Policies.
      • If you feel personally endangered, please call your local law enforcement agency and contact AirshipXP with details about the purported offender.
    • Practice common sense and be aware of phishing, fraud, and scams.
      • Phishing is stealing accounts, passwords, or financial information by masquerading as a trusted party. Phishers may email you an official looking email with a link to a real looking (but fake) AirshipXP site. If you type your login and password into the fake AirshipXP site, the phisher can then use your account to post scam ads on AirshipXP.
        • How phishing works:
          • You receive a supposedly official email from AirshipXP, asking you to confirm your password, username, phone number, or credit card information.
          • This email may threaten you with the removal of your posts or the closure of your account if you do not comply immediately.
          • If the sender is using email spoofing, the message may appear to come directly from AirshipXP.
          • You click the link in the email and are taken to a fraudulent third-party site that may resemble a legitimate AirshipXP page.
          • You may be asked to download an attachment, install specific software, or receive a message to your phone.
          • You enter your login information on the fraudulent page, inadvertently providing it to a third party.
          • The third party scammer can then use the information you provided to gain access to your actual AirshipXP account.
        • How to avoid phishing attempts and protect your account information
          • Never click on email links that ask you for any personal or account information.
          • Make sure to login to your account only by navigating manually to AirshipXPlocaldelivery.com.
          • If you are unsure about the status of your account or your posts, the safest way to check is to go directly to AirshipXPlocaldelivery.com and login.
          • If you do not see any problems within your account, you can safely ignore any messages to the contrary.
          • Never provide a phone authentication code to anyone else.
          • AirshipXP will only ask for you to enter it on our site as part of the posting process.
          • Use common sense. If an email seems suspicious, fishy, or too good to be true. . . it probably is!
        • Think you’ve been phished?
          • If you see strange activity or unfamiliar posts on your account page, please change your password immediately and manually delete the posts in question.
          • If you use the same password for your email account (or any other services), you may want to change those passwords as well.
        • Be aware of fraud and scams.
          • Use your common sense and
            • Do not extend payment to anyone you have not met in person.
            • Beware offers involving shipping – deal with locals you can meet in person.
            • Never wire funds (e.g. Western Union) – anyone who asks you to is a scammer.
            • Don’t accept cashier/certified checks or money orders – banks cash fakes, then hold you responsible.
            • Transactions are between users only, no third party provides a “guarantee”.
            • Never give out financial info (bank account, social security, paypal account, etc).
          • Notify the authorities regarding fraud and scams. For example here are a few authorities and governing bodies that can be contacted:
            • United States
              • Internet Fraud Complaint Center
              • FTC Video: How to report scams to the FTC
              • FTC complaint form and hotline: 877-FTC-HELP (877-382-4357)
              • Consumer Sentinel/Military (for armed service members and families)
              • SIIA Software and Content Piracy reporting
              • Ohio Attorney General Consumer Complaints
              • New York Attorney General, Avoid Online Investment Fraud
            • Canada
              • Canadian Anti-Fraud Centre or 888-495-8501 (toll-free)
              • Royal Canadian Mounted Police (RCMP)
            • If you are defrauded by someone you met in person, contact your local police department.
            • If you suspect that an AirshipXP post may be connected to a scam, please send us the details.
          • Fulfill your agreements regarding requests. AirshipXP knows that its users are good human beings who respect each other and honor their agreements. And do so in a polite manner.
            • People fulfilling requests will:
              • Give the person who has made the request exactly what he or she requested.
              • Do so within the agreed-upon time.
              • Do so according to any other agreements made between both parties.
            • People receiving fulfillment of their requests will
              • Pay when coordinating the consignment. The platform will pay upon delivery.
            • Follow all laws while fulfilling requests. AirshipXP wants you to be safe. Never drive under the impairment of drugs or alcohol. Always obey all traffic rules.  Don’t do anything illegal to fulfill a request.
            • Respect your privacy and that of others. We do. This is our Privacy Policy It details how data about you is used when you access our applications, websites and services (together, “AirshipXP”) or interact with us. If we update it, we will revise the date, place notices on AirshipXP if changes are material, and/or obtain your consent as required by law.
              • Protecting your privacy:
                • We take precautions to prevent unauthorized access to or misuse of data about you.
                • We do not run ads, other than the classifieds posted by our users.
                • We do not share your data with third parties for marketing purposes.
                • We do not engage in cross-marketing or link-referral programs.
                • We do not employ tracking devices for marketing purposes.
                • We do not send you unsolicited communications for marketing purposes.
                • We do not engage in affiliate marketing (and prohibit it on AirshipXP).
                • We do provide email proxy & relay services to reduce unwanted email.
                • Please review privacy policies of any third party sites linked to from AirshipXP.
              • Data we use to provide/improve our services and/or combat fraud/abuse:
                • data you post on or send via AirshipXP, and/or send us directly or via other sites
                • credit card data, which is transmitted to payment processors via a security protocol (e.g. SSL).
                • data you submit or provide (e.g. name, address, email, phone, fax, photos, tax ID).
                • web log data (e.g. web pages viewed, access times, IP address, HTTP headers).
                • data collected via cookies (e.g. search data and “favorites” lists).
                • data about your device(s) (e.g. screen size, DOM local storage, plugins).
                • data from 3rd parties (e.g. phone type, geo-location via IP address).
              • Data we store:
                • We retain data as needed for our business purposes and/or as required by law.
                • We make good faith efforts to store data securely, but can make no guarantees.
                • You may access and update certain data about you via your account login.
              • Circumstances in which we may disclose user data:
                • to vendors and service providers (e.g. payment processors) working on our behalf.
                • to respond to subpoenas, search warrants, court orders, or other legal process.
                • to protect our rights, property, or safety, or that of users of AirshipXP or the general public.
                • with your consent (e.g. if you authorize us to share data with other users).
                • in connection with a merger, bankruptcy, or sale/transfer of assets.
                • in aggregate/summary form using anonymized data, where it cannot reasonably be used to identify you.

Thank you for following these Policies and helping keep AirshipXP a safe and useful place for everyone.  Remember, by accessing AirshipXP, you agree to our Policies (“Policies”) and our Terms of Use (“TOU”), last updated October 1, 2024.

By accessing AirshipXP, you agree to our Terms of Use (“TOU”):

LICENSE. If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access AirshipXP in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or “frame” content from AirshipXP, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.

USE. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with AirshipXP, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users’ personal and/or contact information (“PI”).

MODERATION. You agree we may moderate AirshipXP access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not. All AirshipXP Policies are incorporated herein.

SALES. You authorize us to charge your account for AirshipXP  fees. Unless noted, fees are in US dollars; tax is additional. To the extent permitted by law, fees are nonrefundable, even for posts we remove. We may refuse purchases, which may place a hold on your account.

DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.

To the extent permitted by law, (1) we make no promise as to AirshipXP, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and AirshipXP is provided “AS IS” and “AS AVAILABLE”; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your AirshipXP use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES (“AirshipXP ENTITIES”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) AirshipXP ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.

CLAIMS. You agree (1) any claim, cause of action or dispute (“Claim”) arising out of or related to the TOU or your AirshipXP use is governed by Boulder, Colorado (“CO”) law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in Boulder, CO (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against AirshipXP Entities; (6) (except government agencies) to indemnify AirshipXP Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your AirshipXP use; (7) you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the “USE” section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.

MISC. Users complying with prior written licenses may access AirshipXP thereby until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us. If a TOU term is unenforceable, other terms are unaffected. If TOU translations conflict with the English version, English controls. See Privacy Policy above for how we collect, use and share data. If you feel content infringes your rights, see AirshipXP.com/about/

Thank you for reading our Policies and Terms of Use and keeping AirshipXP a safe and useful place for everyone. Remember, by accessing AirshipXP, you agree to our Policies (“Policies”) and our Terms of Use (“TOU”), last updated October 1, 2024.