For details on insurance coverage or the carrier's liability for the declared value, please refer to this informational page.
Terms and Conditions
Last update: March 20th, 2024
Please be aware that your ability to use and access our Platform at www.airpals.co (the “Platform”)or any of the services offered on the Platform (the “Services”) is governed by the following conditions; should you disagree with any of these terms (the “Terms”), you may not use or access the services in any way. Your use of the Platform constitutes your binding acceptance of these Terms, including any modifications made to the Terms.
General Information
When we refer to "we," "us," "our" and "Airpals" we refer to Airpals Technologies Inc, a Delaware Corporation, and its subsidiaries and corporate affiliates. The term "you" refers to the customer visiting the website, our Platform and/or purchasing third-party courier services through us on this Platform, or through our partners and customer service agents.
The Services provided by our Platform are available to you if you meet the following criteria:
You must be at least sixteen (16) years old and agree to utilize our shipping, labeling, and other services solely for lawful purposes (for example, not for shipping prohibited items).
By opting to use our services, you acknowledge that you:
Are at least sixteen (16) years of age and possess the legal capacity to agree to these Terms of Use (hereinafter referred to as "Terms"),
Intend to use the Airpals Platform exclusively to make legitimate purchases of courier services for legal shipping of products or objects and documents on your own behalf or for another person for whom you are legally authorized to act (a "Third Party"),
You hereby acknowledge and agree that you have carefully reviewed and understood the various shipping restrictions and limitations imposed by carriers or couriers (”Courier”) accessible through this Platform. Furthermore, you commit to comply with their respective shipping guidelines,
Accept these Terms, which are subject to modification and updates from time to time; and
Airpals Technologies Inc. owner of the Platform has the right, but not the obligation, to take any of the following actions without providing any prior notice to you:
change or terminate all or any part of our Services;
restrict or terminate your access to all or any part of our Services; or
refuse, move, or remove any content that is available on the Site and any material that you submit to the Site.
What is Airpals?
Airpals operates solely as an intermediary connecting you with Couriers and your selected Courier. We provide a Platform for you to access their postage, shipping products, and services. We do not engage in courier services directly, nor do we partake in the transportation, shipment, delivery and Airpals is not a party to any contract you form with a Courier to pick up, transport, or deliver your shipments. The Airpals Platform allow you to find, compare, select and purchase third party courier services and postage, compiling and reviewing your shipping history, and resolving any questions via our customer support channels. We do not provide other services other than the Services we list on our Platform.
The presentation of Courier options from couriers like USPS, UPS, FedEx, DHL or other on our Platform does not imply our endorsement, recommendation, or affiliation with such couriers or their service offerings. Furthermore, we cannot vouch for the quality of the services provided. Any dealings with couriers through our Platform are undertaken at your sole risk.
By using the Airpals Platform, you accept that we have no influence over the couriers featured on our Platform and bear no responsibility for the precision, promptness, or comprehensiveness of the information regarding couriers or their Services on the Platform. Airpals disclaims any liability for the conduct, mistakes, representations, guarantees, infractions, or carelessness of any couriers, as well as for any injuries, fatalities, property damage, or other harm or costs arising from your engagements with these couriers.
You bear the responsibility to review, comprehend, and agree to the terms, conditions, and purchasing protocols of any Courier you choose for your shipping needs. It is your duty to ensure that your transactions conform to the specific terms and conditions stipulated by your selected Courier, including those outlined in the Courier's terms and conditions. For instance, adherence to a courier's regulations, such as the prohibition of shipping hazardous materials, falls under your responsibility.
Payment Obligations and Extra Charges
By utilizing the Services available through Airpals, you consent to pay Airpals for all applicable charges at the point of service request on the Platform. It is your duty to provide Airpals with current and accurate information, including valid credit card details and contact information, and to correctly input details regarding the Services you seek. In cases where payments for Services are overdue, or if any form of payment such as checks, ACH transactions, credit card payments, or online payments are declined, returned, or rejected, you agree to cover, beyond the main sum and any relevant interest, all associated bank and payment provider fees incurred by both you and Airpals, as well as Airpals's reasonable collection efforts, including attorney fees and costs.
You will also bear responsibility for extra charges arising from inaccuracies in the declared weight, dimensions, classification, quantity, or type of Service; deliveries during weekends or holidays; local customs fees; import taxes or duties; or similar charges. Should such charges be incurred by a Courier due to Services rendered on your behalf and billed to Airpals, you consent to Airpals charging the necessary amounts to the credit card or bank account used for the Service purchase. Alternatively, if the Services were paid through different means, you agree to reimburse Airpals fully within seven (7) days of our request. Airpals is under no obligation to automatically issue refunds or adjust charges for any misdeclarations made by you regarding the Service specifications.
Airpals retains the authority to check your credit at any point prior to a Service purchase. You are accountable for all transactions made through your account. Additionally, if any payment method is declined, returned, or rejected, Airpals may seek payment through any other payment method previously associated with your Airpals account, along with any related fees as outlined above.
Claims for reimbursement related to unused or incorrectly printed postage must be communicated via the Platform or customer service channels within twenty (20) days from the purchase date. Postage that is processed or returned to the sender is not eligible for claims as unused or misprinted. If approved by Airpals at its sole discretion, a credit equal to the amount spent on the Services will be applied to an active customer's account. Furthermore, you agree to transfer any rights to pursue such claims with any Courier regarding Services obtained or paid for via the Platform to Airpals.
Communication Consent
By using the Airpals Platform, you consent to our reaching out to you through various channels such as email, text messages, phone calls, postal mail, among others. Typically, our communications will be about updates to the Platform and Services, promotional offers, administrative and security notices concerning the Services available through our Platform, along with invitations to join in promotional events, newsletters, and other messages. Receiving these communications is a requisite for utilizing the Airpals Platform, although we may provide options to opt out of certain communications. Additionally, you have the option to cease all communications from us by requesting the cancellation of your Airpals account through our customer support team.
As a customer, you acknowledge the necessity of providing contact information for both senders and recipients related to the Services used. By agreeing to these terms, you confirm that you are authorized to share such contact information. It is imperative for the effective execution of Services that we disclose this contact information to the Courier selected through our Platform. This enables the Courier to communicate with the sender and/or recipient regarding the specifics of the Service procured via our Platform.
Adjustments to Billing, Pricing, Promotions, and Policies
Airpals reserves the right to modify its billing methods, pricing structures, promotional offers, and policies at its discretion without prior notification. Any alterations will be communicated through updates on the Platform. Your ongoing utilization of the Platform and/or Services signifies your acknowledgment and acceptance of these updates and the terms encompassed within them.
Service Availability
Our goal is to ensure continuous access to the Airpals Platform. Nonetheless, occasions may arise necessitating maintenance, updates, or enhancements to the Platform, or the temporary interruption of Services from Couriers for various reasons. We cannot assure uninterrupted availability of the Platform or Services and will not be held accountable for any suspension or cessation of the Services.
Legal use of Platform
When you access or utilize this Platform or its Services, you are committing to adhere to all relevant laws and regulations. This includes compliance with U.S. laws and regulations related to import, export, re-export controls, controlled substances, hazardous materials, and the rules set by private courier services. Airpals maintains the right to reveal any information as required to fulfill any pertinent law, regulation, legal mandate, or government request.
Furthermore, you recognize that Airpals is obligated to maintain specific information concerning shipments due requierements from the courier services such as but not limited to USPS, UPS, FedEx efforts to prevent fraud, safeguard your data, and fulfill our legal responsibilities under applicable laws. For more details, please refer to our Privacy Policy available at https://airpals.co/privacy-policy
Termination
You have the option to cancel your Airpals account at any moment by reaching out to our customer support team.
Airpals retains the right to cease your access and use of the Platform at any given time, for any reason or without one. Moreover, Airpals may suspend or cancel your account due to misconduct, such as hostile actions towards our customer support staff or engaging in illegal activities through the Services. In the event of such termination, you are required to settle any outstanding payments for Services you have ordered promptly.
Termination will not affect any accrued rights, remedies, obligations, or liabilities, including Airpals's entitlement to damages for any Terms violation or its right to indemnification by you under these Terms. Furthermore, any Terms provisions meant to remain in effect post-termination will persist.
Following account termination, we might keep your data as mandated by law and in accordance with Airpals's data management policies. This is to fulfill our legal responsibilities, settle disputes, uphold our agreements, finalize pending transactions, and prevent fraud.
Proprietary Rights
The Airpals Platform and its underlying software encompass exclusive and confidential material safeguarded by intellectual property laws and other regulations. It is prohibited to duplicate or produce derivative works from any content, including text and images, found on our Platform. You are also barred from altering, modifying, creating derivative works from, decompiling, disassembling, or attempting to uncover any source code, as well as leasing, selling, sublicensing, or in any way transferring rights related to the Platform or its software. Any alterations to the Platform or software, or the use of modified versions of them, are strictly forbidden. The Airpals Platform and its data must only be accessed through the interfaces provided by us.
You acknowledge that all elements of Airpals, including its logos, the design and overall appearance of our Platform, and the structure and selection of the Platform menus, are owned by Airpals and its affiliates, and are protected under trademark and copyright laws. You agree not to employ or replicate any trademarks, trade names, logos, or the design and style of our Platform or software without our explicit written consent.
You consent that the Platform, whether in whole or in part, shall not be reproduced, duplicated, copied, sold, resold, or exploited for any purposes not directly allowed by Airpals. The use of Platform data, materials, content, or information; any derivative usage of the Platform or its contents; and the employment of data mining, robots, or similar data extraction and analysis tools are expressly prohibited.
Limits on Liability
Airpals Technologies Inc., along with its affiliates, strategic partners, subsidiaries, and all their respective personnel, including officers, directors, employees, shareholders, members, managers, successors, agents, and associated third parties such as advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants, and contractors, disclaim any liability for:
The content of any external site not under Airpals' control, ownership, or operation that may be accessed or linked through this Platform;
The content, services, or information offered by any site that claims to be operated by Airpals but lacks actual affiliation, control, ownership, or operation by Airpals;
Any harm or damage arising from, but not limited to, performance failures, errors, omissions, interruptions, defects, delays in transmission, computer viruses, or line faults;
Any loss or damage to goods, including any shipping delays, where such issues are attributable to third parties responsible for shipping/transporting goods, receiving shipments from Airpals or its shipping agents, or supplying goods to Airpals or its agents for shipping;
The content of any messages or information posted by you or other third parties;
Any form of damages, be they direct, indirect, incidental, special, exemplary, punitive, or consequential (including loss of use, data, or profits, or the costs of obtaining substitute goods or business interruptions), that arise from or relate to these Terms, your ability or inability to access or use the Platform or Services, regardless of whether Airpals was made aware of the possibility of such damages. Given that some jurisdictions do not permit the exclusion or limitation of liability for incidental or consequential damages, this limitation may not be applicable to you. If you are unhappy with any aspect of the Platform or these Terms, your only remedy is to stop using the Platform and the Services.
Third-Party Websites and Services
Airpals may facilitate connections with external platforms, enabling you to import order information, create other actions and but not limited to update order statuses in other systems. However, Airpals does not exert any influence over these third-party applications or the data you input or store within them. Additionally, Airpals lacks control over the APIs of these third-party services as well as the current state of any integrations or data exchange protocols. Given this lack of oversight, we cannot be held accountable for any data loss, inaccuracies in data or its transmission, service interruptions, inaccessibility, or other potential issues arising from your use of these third-party systems or their integrations. We advise reviewing the privacy policies of any third-party services prior to utilization.
Warranty Disclaimer
Airpals provides the Platform and Services "as is," without offering any guarantees, representations, or warranties to you. This encompasses, but is not limited to, the functionality, availability, or the content, data, information, or Services accessible through the Platform. We disclaim all implied warranties, including those of merchantability, title, non-infringement, suitability for a specific purpose, as well as security and accuracy, along with any warranties that might emerge from transaction conduct, performance history, or customary practice. We offer no assurances or guarantees regarding any of these aspects. No advice or information obtained from Airpals shall constitute a warranty, and you bear full responsibility.
It's possible that the Platfor and Services might contain inaccuracies or errors, including incorrect pricing. Specifically, Airpals does not vouch for the precision of, and denies all responsibility for, any mistakes or inaccuracies related to the information and descriptions of the courier services listed on this Platform, including pricing, product descriptions, etc. Moreover, Airpals explicitly retains the right to amend any pricing errors on our Platform.
Indemnification
You agree to defend, indemnify, and exonerate Airpals Technologies Inc., along with its executives, directors, staff, and representatives, from any claims, legal actions, liabilities, costs, losses, or demands, including, but not limited to, reasonable attorney's and accounting fees, that arise from or are in any way related to your violation of these Terms or your utilization of, or access to, the Platform or Services.
Jurisdiction and Applicable Law
Both you and Airpals Technologies Inc. consent that the laws of the State of Delaware will govern these Terms and your relationship with Airpals, disregarding any principles of conflicts of law. Both parties irrevocably agree to the exclusive jurisdiction of the courts within the city of Brooklyn, NY, United States for all legal actions stemming from or related to these Terms. You and Airpals commit to initiating any related legal proceedings only within these courts. Both parties irrevocably relinquish, to the maximum extent allowed by law, any objection to the chosen venue of any court proceedings and will not claim that proceedings in such courts are in an inappropriate forum.
Arbitration and Resolution of Disputes
Under this Agreement, both parties agree to forego the right to sue in court over disputes. We both consent to resolve any disputes through individual arbitration, rather than through class action or collective proceedings.
All controversies or claims arising from or related to these Terms and Conditions shall be definitively settled through arbitration. This arbitration will take place in the city of Brooklyn, NY, United States, in English, following the commercial arbitration guidelines set by either the American Arbitration Association or JAMS. This location shall serve as the exclusive venue for resolving disputes connected to these Terms and Conditions, the use of the Services, and the relationship with Airpals Technologies Inc. and its associated entities, including members, directors, officers, employees, and agents. A single arbitrator, agreed upon by both parties, will oversee the arbitration. In cases where an agreement on an arbitrator cannot be reached, each party may select their own arbitrator, who will then jointly select a third arbitrator to resolve the dispute. The arbitration costs will be split evenly between the parties, though the winning party may be awarded reasonable attorney fees as determined by the arbitrator. The arbitrator is not permitted to award punitive damages, and any such awards will be considered void and unenforceable.
The arbitrator's decisions will be conclusive, binding for both parties, and enforceable in any court with the proper authority.
For information on initiating an arbitration claim, visit www.jamsadr.com or www.adr.org.
Despite any provisions to the contrary, we reserve the right to seek injunctions, security, or other equitable relief from federal and state courts in New York or any other competent court.
Class Action Waiver
As a condition of utilizing Airpals’ Platform or Services available through the Platform, and in return for these services provided by Airpals, you relinquish the right to initiate or join any collective lawsuit against Airpals and its associated entities. This includes any entity that has control over, is controlled by, or is under common control with Airpals, as well as Airpals’ employees, directors, and officers.
SPECIFICALLY, YOU COMMIT TO NOT: (1) ATTEMPT TO PURSUE ANY LEGAL CLAIM IN ARBITRATION OR COURT AS A GROUP CLAIM, CLASS ACTION, OR ANY SIMILAR REPRESENTATIVE LEGAL ACTION; (2) ATTEMPT TO COMBINE MULTIPLE INDIVIDUAL CLAIMS IN ARBITRATION OR COURT; (3) PARTICIPATE IN, OR BE REPRESENTED IN, ANY CLASS ACTION OR REPRESENTATIVE LEGAL PROCEEDING INITIATED BY OTHERS AGAINST AIRPALS OR ITS AFFILIATES; OR (4) SEEK ANY JUDGMENT OR RELIEF IN ARBITRATION OR COURT FOR OR ON BEHALF OF INDIVIDUALS NOT DIRECTLY INVOLVED IN THE ARBITRATION.
Waiver:
Airpals’ failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Airpals in writing.
Severability:
If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable, and the remaining provisions shall constitute the parties’ agreement.
Time Limitation:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Platform must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Headings:
The section headings and sub-headings contained in the Terms are for convenience only and have no legal or contractual effect.
By accepting these Terms, you are also accepting the Privacy Policy which is included by reference in these Terms of Use.
Courier Terms and Conditions
Federal Express (FedEx): https://www.fedex.com/en-us/terms-of-use.html
United States Postal Service (USPS): https://www.usps.com/terms-conditions/general.htm
United Parcel Service (UPS): https://www.ups.com/us/en/support/shipping-support/legal-terms-conditions.page
Dalsey Hillblom Lynn (DHL): https://www.dhl.com/us-en/home/footer/terms-of-use.html