Terms and agreements concerning the services provided by Air-D. Article 1: Object of the agreement Air-D is a commercial company established under South African law. The purpose of the company is to bring together and to connect people who need to transport objects (the item owners or possessors) and people who could carry those objects (the flyers). Those flyers will perceive an allowance, basing on which Air-D will deduct a commission. Under no circumstances, Air-D shall be considered as : - A transporter of goods or persons - A producer, an importer or an advertiser for those goods - A delivery company - An internet adviser, a journalist or a reviewer Article 2: Air-D’s purpose The sole purpose of Air-D is to create a network for its members or clients and to endorse the transportation of goods by private persons. Air-D is the owner of a platform and a network of people. Those people have no link of subordination with Air-D, nor are their employees, shareholders or owners. Article 3: The carrying agreement The carrying agreement is directly concluded between the traveller and the requester, without any intervention of Air-D. Air-D will not interfere in the conclusion nor the execution of the agreement. Therefore, Air-D will not bear any liability in case of fraud, misunderstanding or lack of execution of the agreement. The intervention of Air-D regarding to the payment of the carrying mandate will be limited as explained in article 10. Article 4: recommendations and limitations concerning the carried item It is the item owner or possessor and the traveller’s duty to ensure, before completion of the agreement that the carried item can be legally transported, owned and possessed in the country of destination, as well as the country of departure and any country that could be crossed during the travel. Both parties will also make sure that no item that may transported by or for any user contains any item that may be prohibited or restricted in the country of destination. These include (non-exhaustive list) - alcoholic beverages; - weapons and materials that can be used to produce them; - certain medication or herbal supplements and narcotic drugs; - items that are of a sexual/adult nature (e.g. pornography); - items that are of an offensive and violent nature, including items associated with hate organizations (e.g. torture devices, snuff films); - live animals; - foodstuffs and other processed and unprocessed animal and vegetable products; - currency and the equipment used in the production thereof; - tobacco and tobacco-related items; embargoed-goods; - items that violate copyright or trademark laws, Beta software, bootleg recordings, items that would enable duplication of copyrighted material, counterfeit items; - stolen property; - testers or replica perfumes or cosmetics. Article 5: general requirements to subscribe a carrying contract with a member of Air-D’s network Each user must be of 18 years of age and capable of forming legal contracts. Each user will not be violating any laws, third party rights or the site’s policies. Each user will comply with all applicable domestic and international laws. It is prohibited to any user’s posting to use any other person’s identification documents or sensitive financial information on the site. No agency, affiliation, association or connection exists between Air-D and its users. User posting on the website constitutes a valid electronic agreement and are aware of the terms and conditions prior to posting. Article 6: specific guarantees and requirements for the travellers In order to execute the carrying contract, travellers must be in age to contract and accomplish legal obligation. The persons who have been dismissed of their legal or civic rights cannot subscribe as travellers. The persons who have prior criminal condemnations for robbery, theft or fraud cannot be travellers. The travellers aren’t employees or attendants of Air-D. There is no subordination link between Air-D and them. Air-D is not entitled to exercise a supervisory power on the traveller. The traveller has to be a private person. Any transportation that may occur during a professional travel requires prior notification and approval of both the traveller’s employer and Air-D. Professional transporters cannot carry items during their journeys. The travel’s expenses and costs are solely covered and paid by the traveller, who will receive no other benefit that the “all-inclusive” allowance. Article 7: specific guarantees and requirements for the objects owners or possessors of the item. The requester has to be in age to contract and accomplish a legal agreement. The requester has the duty to package the item prior to transportation in order to protect the item in order to avoid any reasonable deterioration. The requester has to inform himself and the traveller concerning the taxes and fees that could be exposed by the traveller. Those taxes and fees will be pre-paid to Air-D prior to the travel. If some unavoidable expenses have to be exposed during the travel and that they have not been foreseen by the requester, those will be automatically charged to him, without any possibility of waiving those costs. The requester has to guarantee that the item’s addressee will be present at the agreed time and place of delivery. Article 8: Precaution prior to carrying Any breakable or fragile object shall be packaged in presence of the requester and the traveller in order to witness the good state of the item prior to carrying. It is recommended to test the electronic device to make sure of their good working prior to travel. It is also recommended to take pictures of the carried item and the packaging before the travel in order to provide proof in case of dispute; The traveller has the duty to examine carefully the item and the packaging prior to the traveller to make sure it does not hide or content illegal or prohibited material. If the traveller has any suspicion that the carried item can contain illegal or prohibited material, the traveller has the duty to refuse to proceed to carrying. Article 9: transport and risks It is the traveller’s duty to insure that the transportation is made with caution and without any risk to arm, break or cause damage to the carried item. The traveller will also make sure that transportation will also be made in conformity with the sanitary and legal recommendation. Air-D shall not be held responsible for the loss, the deterioration or the theft of the carried item during the whole traveling time. The traveling time starts when the item if picked up by the travelers and ends when it is delivered to the person who signs the delivery form. As demander of the travel, the requester will be in charge of any customs related or regulatory related claim or dispute resulting of the carrying. The traveller shall be considered as the guardian of the object. He is the depositor of the precarious possession of the carried item. Therefore, he will be held liable for any loss or damage caused by the item or its behaviour during transportation. Under certain circumstances, Air-D offers an insurance in order to cover certain losses or damages. Any franchise will be exposed by the beneficiary of the insurance. Except those cases, Air-D will decline any responsibility. Article 10: payment and allowance The travellers shall perceive an all-inclusive allowance to cover their expenses and efforts during the travel. This allowance is freely fixed between the parties at the moment of the conclusion of the agreement. Air-D uses its experience to propose informative usually applied rates. If the item has to be bought or if some payments have to be done in order to take possession of the item, those amounts will be advanced by the travellers in the first instance. The payment of the item’s price (in case of a new item that has to be bought), the potential costs and fees and the “all-inclusive allowance” are made directly to Air-D prior to the travel. Under no circumstances the travel can be executed before reception and notification of the reception by Air-D. If the parties execute the carrying without previous payment, Air-D shall offer no guarantee concerning the payment of the allowance or any other amount arising from the agreement or its execution. As soon as Air-D receives the confirmation of the delivery by the addressee, Air-D proceeds within the seven days to the payment of the allowance, the potential costs and other amounts, minus the commission that is due to Air-D. Payment is made directly on the site using the “stripe.com” payment-system. The payment has to be done in conformity with the Bank’s or Payment organization’s disposals. Air-D shall bear no responsibility in case of money loss due to the failure of the Bank’s or P.O.’s system or due to an improper use of the system. Article 11: the commission due to Air-D Air-D shall perceive a commission equivalent to 10% of the allowance. The parties commit to full disclosure regarding to the agreed allowance. Any attempt to reduce the commission by declaring a false/incomplete allowance is totally forbidden and is constitutive of a fraud. Article 12: good delivery At the moment of the delivery, the addressee and the traveller have to sign the delivery form in order to prove the delivery. Prior to signature, the addressee has to inspect the condition of the packaging and the carried item to establish eventual loss. By signing the delivery form, the addressee waive any posterior action, for him or for any other right older, concerning the damage or loss during transportation. Article 13: lack of delivery Regarding the current agreement, a lack of delivery shall be established when: - an item is totally or partially not delivered; - an item is delivered but is damaged; - an item has been delivered but it is the incorrect item/not as described by the buyer. Air-D disclaims all liability for non-delivery or defective delivery of an item. If a lack of delivery is notified to Air-D, it shall differ payment of the traveller until the potential dispute between the parties is resolved as disposed in article 16. If and when the lack of delivery is established, the payment of the amounts will return to the object owner or possessor, minus the commission of Air-D. Article 14: breach of dispositions Any breach or infringement of the present terms will cause the annulment of the carrying agreement. The author or the breach or the infringement shall bear the responsibility for the cost and loss resulting of the annulment of the contract. In case of breach or infringement, Air-D shall claim 1.000,00 € for every breach that will be reported, in addition to every financial or branding loss that could result from the breach. Article 15: validity and interpretation of the terms. The present terms are exhaustive and self-sufficient. Air-D undertakes no other obligations that the one that are expressively explained here above. The present terms can be translated in other languages for a better understanding by Air-D’s customers. In case of divergence between the different translations, the original version – which is the English version- shall be preferred. The present terms and agreements are submitted to the Belgian Law. The annulment of a clause in the current terms shall not lead to the annulment of the entire agreement. In case of annulment of a clause, the Parties will in good faith negotiate to replace the annulled clause with a clause with the same financial and legal effect. Article 16: dispute resolution All disputes arising from the contraction, the execution or interpretation from the carrying agreement or Air-D’s terms shall preferably be resolved on a consensual and negotiated manner. If such a dispute resolution is Air-D’s transfers not possible or if one Party did not react to an invitation for a consensual dispute resolution, the dispute shall be litigated by the Jurisdictions of Cape Town Belgian law shall be applied to resolve the disputes. Terms and agreements concerning the consultation and using of www.air-del.com 1. Destination of the site The current site has the purpose to promote and to host Air-D’s commercial activity. It also hosts the platform used by Air-D’s customers. By entering and using the site, the visitors agree to fully be aware of the present terms and agreements and to agree with them. 2. User’s license Air-D’s transfers a free and unlimited to the visitors to use the site www.Air-D.com. The user must use this license in conformity with the site’s destination. 3. Condition to enter and to use the site The visitor must fulfill the legal requirements of his home-country as well as the country from which he visits the site, to conclude and execute legal contracts. He must be more than 18 years old and cannot be deprived of his civic and legal rights. 4. Privacy To use the site and to contract agreements, you will be asked to indicate some personal data to Air-D, such as your name, your mail and post-address, as well as other information. Other data, such as your IP address and connection information will also be required to the technical working of the site. 5. Accuracy of the personal data and right to change/delete The visitor/user shall be personally obliged to make sure, at any time, that the information provided to Air-D is accurate and up to date. Air-D shall bear no responsibility for any loss or damage resulting to fake or incorrect information given to Air-D. If Air-D finds out fake information was given to the site with fraud-intent, the visitor’s license shall be directly revoked and the visitor shall risk legal and judicial suits. At any time, the user has the possibility to update his personal data and to demand the removal of the personal information. The removal of the information can be differed if the personal information is still necessary to the completion of ongoing contracts or as evidence for judicial charges. 6. Air-D’s monitoring of private messages The platform offers the possibility to the users to communicate directly between themselves. Those messages are strictly private and are normally not monitored by Air-D. Air-D has no general and global duty to survey the site’s users and to monitor their messages. However, some messages shall be randomly monitored by Air-D to insure the trustworthiness of its services and to control the appliance of its general terms and agreements concerning its services. Air-D can also monitor one specific user more precisely if there are serious and circumstanced suspicions of frauds or commission of felony appearance. Air-D shall also be obliged to declare and inform the competent authority in case felonies or crimes should appear from the data contained in personal messages. 7. Liability regarding to the announcements posted by users All information on the website is provided for convenience and information purposes only, and Air-D in no way guarantees that any such information is correct, nor is Air-D in any way responsible for content or services provided on any third-party websites. Air-D makes no representation as to the suitability of the information or products. Offering of any products on the website does not constitute an endorsement or recommendation of such product by Air-D or accuracy of the proprietary character of the product. Air-D acts as the web hoster of the user’s announcements. The user uses the site at his or her own risk and no liability for any direct or indirect losses, including consequential losses arising from or in connection with any products, appearances, opinions etc. in the site. 8. Forbidden practices The site cannot be used as a target or as a mean to commit any criminal offence. The user shall also be forbidden to practice any behaviour: - Constitutive of a breach of the legal or regulatory texts in appliance - Constitutive of a violation of copyright, trademark, business secret or other intellectual property rights or personal rights. - Constitute of discriminatory speech, 9. Intellectual property Air-D is the owner of the commercial name, as well as the lay-out of the site, the binary code used to render the site. Air-D’s copyright also covers the general and legal texts, the illustrative and figurative content of the site. Any reproduction or reutilization of this content without prior consent of Air-D is strictly forbidden. On the other hand, the content published by the users directly on the site is not covered by the copyright. 10. User’s liability Every figurative or textual content posted directly by the user is published under his sole liability. Prior to publication he has the duty to check if the content is accurate, sincere and free of any intellectual property right. The user shall bear the consequences of any breaches of this obligation. Litigious content shall be erased as soon as possible by Air-D, without any possibility of waiver an action against Air-D. The user shall also bear the financial and image-related consequence of any breach of security or site-dysfunction resulting from his incorrect use of the site. 11. Litigation – update of the terms Air-D is free to change and update the present terms at any time. The present terms are freely downloadable in order to provide any evidence in case of dispute.