Terms & Conditions

Last Updated: 4th December 2017

The following terms and conditions ("terms") constitutes a legally binding agreement between you and Airdray. The terms and conditions govern your access to and the use of the Airdray mobile app and website, including any content, functionality and services offered by Airdray. They also provide guidance to help you understand your obligations and responsibilities when using services or functionality provided by Airdray.

Please read these terms carefully before using the Airdray platform. By registering an account on the Airdray platform you are agreeing to these terms and conditions, if you do not agree to the terms and conditions you should not use any of the Airdray services offered through the website or the mobile app.

1. Airdray Service Description

Airdray is an online platform enabling Users ("user") to list their moving jobs ("job"), and Drivers ("driver") to make offers on those jobs; when a User accepts an offer made by a Driver, the two parties enter into an agreement to complete the job. Airdray is not involved in the actual transportation of goods between Users and Drivers.

2. Registration & Membership

By registering for an Aidray account, you acknowledge that you are at least 18 years of age; anyone aged less than 18 may only use the service in conjunction with their parents or guardians. Your Airdray account may not be transferred or sold to another individual.

Users that register as a Driver (i.e. engage in the transportation of goods/items/belongings) must have a valid liecense to operate the vehicles they intend to use, they must also hold an adaquate level of insurance on their vehicle and they must also have valid registration in the state in which they are operating. Drivers agree that services provided via the Airdray platform are for the sole purpose of transportation services. Drivers agree that they will not use their participation in jobs to promote or sell any types of products, goods or services.

3. Identity Verification

Airdray provides all Users of its platform with a means to verify their email address and/or mobile telephone number. Verification of such personal information is intended to make the Airdray platform a safe place to enter into agreements with third parties.

Users are solely responsible for identity verifcation, and Airdray accepts no responsibility for any misuse of its services intended to identify users of the platform.

Airdray reserves the right to unverify Users it finds to have misused and/or circumvented the identity verification processes. In some situations, Airdray may choose to suspend your account indefinitely.

Airdray may from time to time select Users and/or Drivers to formally identify them. Airdray will use Users profile information to verify Users via their email address and/or their mobile telephone number. In the case of a User being a registered Driver, Airdray may also use vehicle information to validate registration and/or level of insurance.

If a User has deliberately provided false information, your account will be suspended.

4. Posting Jobs

All users may post their transportation jobs on Airdray for free. Users are required to specify an address or suburb/area for the 'from destination' and the 'to destination', jobs may be listed (3 months in advance) with a preference of AM (morning) or PM (afternoon). The job description should be as descriptive as possible in order to help Drivers make the best offer.

5. Making Offers

As a Driver, when you make an offer ("offer"), you are entering into an agreement with the User to carry out the job ("job") should the User accept your offer. It is your responsibility to ensure your availability to carry out the job. Failure to carry out a job (i.e. a no-show) without notice will result in your account being suspended.

6. Accepting Offers

As a User, when you accept an offer ("offer") by paying the job lock-in deposit, you are entering into an agreement with the Driver who will carry out your job on the date you specified when listing the job. Users should not accept offers if they cannot commit to the date and time, AM (morning), PM (afternoon/evening). No-shows will result in your Airdray account being suspended.

7. Payments

When a User accepts an Offer ("offer") on a job they have listed, in order to formally accept the offer and lock-in the job for completion with the Driver, the user must pay a non-refundable lock-in deposit ("lock-in deposit") which is deducted from the total offer. The lock-in deposit must be paid via the Airdray mobile app using a Visa, MasterCard or Apple Pay; no other method of payment is accepted.

The outstanding balance (the offer total minus the lock-in deposit) must be settled with the Driver using their preferred method of payment.

Airdray has no control over the payments between Users and Drivers, or the release of funds.

8. Fees

Users may post their moving jobs on the Airdray Platform free of charge. A user will pay a non-refundable job lock-in deposit upon accepting an offer made on their job. See section 7, above, for more information.

Drivers may offer on listed jobs free of charge, if an offer is accepted, the User will pay a job lock-in deposit which is deducted from your offer total, this forms the Airdray Service Fee ("service fee") for Drivers.

9. User & Driver Obligations

As a User of the Airdray Platform listing jobs and accepting offers, your obligations are, but not limited to:

  1. Your jobs are as descriptive as possible
  2. Your jobs are not misleading
  3. You are not transporting illegal goods
  4. You agree with the Driver the final time to carry out your job
  5. You will not cancel the job without notice
  6. You will communicate with Drivers in a civil manner
  7. You will be ready for the Driver to carry out the job at the agreed time

As a Driver on the Airdray Platform, making offers on jobs, and carrying out jobs, your obligations are, but not limited to:

  1. You will agree with the User the final time to carry out the job
  2. You will communicate with Users in a civil manner
  3. You will arrive promptly to carry out the job
  4. You will handle the Users goods/belongings with care
  5. You will report any attempt to transport illegal goods to the police and to Airdray
  6. You will ensure your license and registration are valid
  7. You will not make offers on jobs if your license is expired or suspended

10. Communication

Upon a job being locked-in by the User paying the required job lock-in deposit, both the User and the Driver will receive a confirmation email of the job, which includes details of the job, as well as contact details for the Driver and the User.

Both parties should establish a communication channel, via either email, SMS or a telephone call, to confirm the final details of the job, i.e. exact meeting place and time, payment method and any other information in which either party should know.

On the day of the job, both parties should communicate with each other to indicate any delays. The Driver should make contact when they arrive at the agreed meeting place.

11. Prohibited & Restricted Items

Full responsibility of items transported lies with the Driver and the User. Airdray prohibits the listing of jobs to transport any of the below items, Airdray regularly audits listed jobs on the platform and if it finds prohibited items listed it reserves the right to remove the listing, repeat offences could lead to suspension of your Airdray account.

  1. Hazardous or dangerous goods such as explosives, flammable gasses and/or liquids, and toxic/corrosive substances
  2. Illegal drugs and narcotics
  3. Obscene publications and unlawful indecent images
  4. Unlicensed firearms or weapons
  5. Clinical and medical waste
  6. Human remains
  7. Asbestos
  8. Any illegal items

12. Providing Feedback

Airdray provides a feedback system which allows the User and the Driver to rate each other once a job has completed. A rating consists of a star rating from 1 to 5 (minimum of 1 star, maximum of 5 stars) where 1 star is poor service and 5 stars is outstanding service, additionally, users may leave a comment regarding the completion of the job.

A users average star rating is calculated each time they receive a new rating. Their average star rating is publicly visible to other users when posting jobs, or making offers on jobs. When making offers on jobs, the owner of the job may view recent your most recent reviews left by other members.

Ratings are final and cannot be adjusted once submitted.

Your comment may be moderated or removed it contains profanity, distasteful or hate speech, threatening or violent language.

13. Resolving Disputes

Airdray is a neutral venue in which Users and Drivers enter into agreements with each other, we are therefore not responsible for resolving any disputes between Users and Drivers regarding services.

If a User or Driver reports a dispute to Airdray, we will take reasonable steps to help both parties resolve the dispute. In the event of no-shows, a User or Drivers Airdray account could be suspended for a period of time, or indefinitely for repeat breaches of the terms.

In the event of a Driver reporting non-payment to us, Users authorise Airdray to release your provided contact information to the Driver and you agree to release Airdray from any liability associated to the claim.

14. Liability

Airdray, it's employees and suppliers will in no event be liable for any lost profits or damages which may arise through connection to our products and/or services. Airdray will not be liable for:

  1. Loss of profits
  2. Loss of business
  3. Loss of anticipated savings
  4. Loss of goods
  5. Any additional costs, damages, charges or expenses

15. No Warranty

Airdray, it's employees and suppliers provide services without warranty.

16. Indemnity

You agree to indemnify Airdray and it's employees from any claim or demand made by any third party due to your negligence, breach of the terms, or breaking of any laws.

17. Legal Compliance

You shall comply with all applicable domestic and international laws and regulations regarding your use of services provided by Airdray and services provided by yourself.

18. No Criminal Convictions

By registering an account with Airdray, you agree that you and any individuals associated with you who may perform services with you have not been convicted of any crime. Additionally, you agree that there are no legal proceedings, criminal, civil or administrative, instituted against you that will prevent you from performing the services.

19. Taxes

As a Driver, you are responsible for your managing your own tax affairs and obliged to declare any earnings made as a direct result of completing jobs via Airdray to your countries tax office.

20. Record Keeping

Airdray reserves the right to keep all records of listed jobs, offers, providded feedback, transactions and communications between you and other members for administration purposes.

21. Right to Remove or Suspend Members

Airdray reserves the right to remove listed jobs, offers and feedback made by you at any time and for any reason or for no reason at all. In some circumstances Airdray may temporarily or permanently suspend your membership. Reasons that may result in the removal of jobs, offers, feedback or the suspension of your membership can include but is not limited to:

  1. The creation and management of more than one Airdray membership account
  2. Any attempt to circumvent the Airdray fee structure
  3. Any attempt to improperly influence or cause another member to improperly influence the feedback of members
  4. Posting profanity, hate language, hostile or disruptive comments or threats of violence against other members
  5. Failure to meet your obligations either as a Driver or a User, i.e. no-show
  6. Failure to agree and comply with the Airdray Terms & Conditions

22. Petition for Reinstatement

You may petition for membership reinstatement in writing including the following:

  1. A written statement stating why you should be reinstated

Your petitition for membership reinstatement will be judged on our sole judgement and does not guarantee that you will be reinstated. We will contact you to inform you of our decision. All decisions are final.

23. Trademarks & Intellectual Property Protection

Airdray is a registered trade mark in Australia (1768008), unauthorised use of the Airdray brand (the name and/or logo is prohibited).

The Airdray website and mobile app contains copyrighted material, logos, know how, business methods and ways of working that are unless otherwise indicated, the sole property of Airdray.

We claim ownership rights under copyright and trademark laws with regard to the user experience and design of the Airdray website and mobile app. You shall not reproduce, modify, display, sell or distribute our intellectual property or use it in any other way for public or commercial purpose.

All other trademarks and copyrights are held by their rightful owners.

24. Unsolicited Feature Submissions or Ideas

Airdray encourages and welcomes all users to provide feedback for our website and/or mobile apps. However, we do not accept unsolicited feature submissions, ideas, suggestions, or proposals other than when we specifically request.

This is to avoid any future misunderstandings when new functionality or features are developed internally by Airdray which may be similar or identical to your submission.

If you do send an unsolicited feature submission, idea, or suggestion, Airdray will consider the submission to be non-confidential and non-proprietary and will have no obligations concerning the submission. You agree that your submission may be used for any purpose, commercial or otherwise, without compensation to you.

25. Security

Airdray safeguards your personal information when using the website or mobile apps using industry standard practices including the use of Secure Sockets Layer (SSL) to encrypt data sent to and from the Airdray servers.

26. Privacy

Airdray does not sell or rent your personal information to third parties. We take your privacy extremely seriously. Your data and personal information is stored on computer systems located in Australia.

Glossary

User

A User of the Airdray Platform is an individual who has a registered user account

Driver

A Driver is a User who has a vehicle registered on their account enabling them to make offers and carry out jobs.

Job

A job is transporting goods, possessions, or belongings of a User which is to be transported from and to a destination.

Offer

An offer is an amount of money in which a Driver will carry out a Job in return for.

Lock-in deposit

A lock-in deposit is a non-refundable payment made by a User to accept a Drivers offer. Upon successfully paying the lock-in deposit the User has entered into an agreement with the Driver to carry out their job.

Service fee

A service fee is the amount deducted from the Drivers offer when a User accepts a Drivers offer.