Terms Of Service

^{TERMS OF SERVICE}

^{1 Acceptance}

^{(a) This website (Site) is operated by Airboard Group Pty Ltd (ABN: 89 626 617 418) (we, our or us). It is available at airboard.aero/terms-and-conditions and may be available through other addresses or channels.}

^{(b) By accessing and/or using the Site you:}

^{(1) warrant to us that you have reviewed these terms and conditions (Terms) and you have read our Privacy Policy (available on the Site);}

^{(2) warrant to us that you have the legal capacity to enter into a legally binding agreement with us; and}

^{(3) agree to use the Site in accordance with the Terms.}

^{(c) You must not place an order for Services through the Site unless you are at least 18 years old.}

^{(d) These Terms will commence on the date on which you accept these Terms and will continue until the date the Services expire, unless these Terms are terminated earlier in accordance with the Termination clause below (Term).}

^{2 Site and Services}

^{(a) We work with certain airports to provide customers with digital queuing services, skip the line passes and other services as set out on the Site that can be purchased on our Site and redeemed at the relevant airport (Services).}

^{(b) Depending on the Service you purchase, you will be able to access certain airport areas through exclusive queues with the benefit of digital queuing technology.}

^{(c) While our Services make access faster and more efficient, you agree that we do not make any representations, warranties or guaranties as to, and you waive and release us from and against any Liability connected with, you being granted access or how long this will take. You agree that this is because whether you are granted access, and how quick or efficient this is, will depend on many third party inputs that we cannot control (including you, your interaction with, or the conduct of, any third party at the airport, including the airport itself, any security systems and/or any airline).}

^{3 Orders}

^{(a) You may order Services from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular Service or Services for the price notified (including any applicable charges and taxes) at the time you place your order.}

^{(b) You agree that we may place a limit on the number of Services you can purchase at once, as set out on the Site.}

^{(c) We may, at our absolute discretion, accept or reject an order (including if we cap the number of Services we sell at a particular time). We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.}

^{(d) Each order that we accept results in a separate binding agreement between you and us for the supply of Services in accordance with the Terms.}

^{(e) It is your responsibility to check the order details, including selected Services (such as an instant or pre-booked pass), inclusions and pricing, before you submit your order through the Site.}

^{(f) When you order and pay on the Site and your payment has been validated, we will provide you with a QR code to redeem the Services purchased. We will also provide you with an order confirmation email, which may include a description of what was ordered, a copy of your QR code and your billing address.}

^{(g) The Services that you order will be valid from the time set out on the Site and will continue to be valid for a period of 90 days [WM1] (or as otherwise extended by us). If you do not redeem the Services within this period, any relevant QR code will expire and you will not be able to benefit from the Services.}

^{4 Price and payments}

^{(a) You must pay us the purchase price of each Service you order plus any applicable taxes as set out on the Site (the Price) in accordance with this clause. All amounts are stated in US dollars and are exclusive of any sales, use, excise, value added and other similar taxes (where applicable).}

^{(b) You must pay the Price using one of the methods set out on the Site, such as Stripe, at the time of your order.}

^{(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.}

^{(d) If we offer payment via a third party payment processor, such as Stripe, the payment may be subject to the third party payment processor’s terms and conditions.}

^{(e) We may from time to time issue promotional discount codes for certain Services available through the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued. We may also from time to time run competitions on the Site or associated social media platforms. Such competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.}

^{5 Availability and Cancellation}

^{(a) All purchases made through the Site are subject to availability. We do our best to keep the Site up to date with the availability of the Services.}

^{(b) We reserve the right to cancel any order, at any time before you have redeemed the Services, if the Services ordered were subject to an error on our Site (for example in relation to a description, price or image). If an error occurs, we will contact you using the details you provided when you ordered and we will endeavour to give you the option to receive a refund or a credit to use the Services at another time (if applicable).}

^{(c) If you request us to reprocess your order due to an error on your behalf, we may charge you any additional fees incurred in reprocessing your order (including chargeback fees or other fees incurred by our third-party payment provider).}

^{6 Refunds}

^{(a) We do not accept returns for change of mind, a change in personal circumstances or any unused part of the Services.}

^{Australian Consumer Law}

^{(b) Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our Services which cannot be excluded, restricted or modified (StatutoryRights).}

^{(c) Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. Any and all other warranties or conditions which are not guaranteed by the ACL are expressly excluded where permitted (including any suitability and fit for purpose warranties in relation to the Site and our Services), except to the extent such warranties and conditions are fully expressed in these Terms.}

^{7  Intellectual property}

^{(a) All Intellectual Property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the Services) will at all times vest, or remain vested, in us.}

^{(b) You must not, without our prior written consent:}

^{(1) copy or use, in whole or in part, any of our Intellectual Property;}

^{(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our Intellectual Property to any third party; or}

^{(3) breach any Intellectual Property Rights connected with the Site or the Services, including (without limitation) altering or modifying any of our Intellectual Property; causing any of our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of our Intellectual Property.}

^{(c) You grant us a limited licence to copy, transmit, store and back-up or otherwise access the User Data during the Term and for a reasonable period after the Term to:}

^{(1) supply our Services (including for back-ups) to you (including to provide you with digital queuing services);}

^{(2) diagnose problems with the Site;}

^{(3) develop other Services, provided we de-identify the User Data;}

^{(4) enhance and otherwise modify the Site; and}

^{(5) as reasonably required to perform our obligations under these Terms.}

^{8 Analytics}

^{(a) Despite anything to the contrary, we may monitor, analyse and compile statistical and performance information based on and/or related to your use of our Site and purchase of the Services, in an aggregated and anonymised format (Analytics).}

^{(b) You agree that we may make such Analytics publicly available, provided that it:}

^{(1) does not contain identifying information; and}

^{(2) is not compiled using a sample size small enough to make the underlying User Data identifiable.}

^{(c) We, and our licensors own all right, title and interest in and to the Analytics and all related software, technology, documentation and content used or provided in connection with the Analytics, including all Intellectual Property Rights in the foregoing.}

^{9 Prohibited Conduct}

^{(a) You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Site or Services or which apply to you or your use of our Site; anything which we would consider inappropriate; or anything which might bring us or our Site into disrepute, including:}

^{(1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;}

^{(2) obtaining the Services fraudulently or through an unauthorised channel;}

^{(3) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;}

^{(4) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations;}

^{(5) using our Site to send unsolicited email messages;}

^{(6) impersonating any person or entity; or}

^{(7) facilitating or assisting a third party to do any of the above acts.}

^{10 Limitations}

^{(a) Despite anything to the contrary, to the maximum extent permitted by law:}

^{(1) our maximum aggregate liability arising from or in connection with the Terms (including the Services and/or the subject matter of the Terms) will be limited to, and must not exceed the portion of the Price paid by you to us for the Services the subject of the relevant claim;}

^{(2) a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other party, including a failure to mitigate; and}

^{(3) we will not be liable to you for Consequential Loss,}

^{whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.}

^{(b) Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with:}

^{(1) your acts or omissions or those of your related parties (including family or friends that you purchase the Services for);}

^{(2) any works, services, goods, materials or items which do not form part of the Services (as expressed in these Terms), or which have not been provided by us (including QR code scanning devices);}

^{(3) any aspect of your interaction with an airport, airline, travel agent, security guard or any other third party;}

^{(4) the Site being unavailable, or any delay in us providing our Services to you, for whatever reason;}

^{(5) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Services, including in relation to a missed or delayed flight or not being allowed through a security checkpoint;}

^{(6) any illness, injury or death resulting from use of the Site or Services;}

^{(7) breach of the Terms or any law; and/or}

^{(8) any event outside of our reasonable control.}

^{(c) This clause will survive the termination or expiry of these Terms.}

^{11 Warranties and Indemnities}

^{(a) You represent, warrant and agree that:}

^{(1) you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms; and}

^{(2) these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms.}

^{(b) You acknowledge and agree that:}

^{(1) you use the Site and our Services at your own risk;}

^{(2) if we provide you with any time estimate as part of our Services, such time is an estimate only, and creates no obligation on us to provide the Services by that time (including that we do not make any guarantees in relation to waiting timeframes);}

^{(3) we do not guarantee that the Site will be secure, timely, uninterrupted or error or virus free or that it will meet your expectations or requirements;}

^{(4) the provision of the Site and Services may be contingent on, or impacted by, third parties (including airports, airlines, QR code scanning machines, security services and other passengers or members of the public), suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.}

^{(c) You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.}

^{(d) Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Site or Services or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.}

^{(e) This clause will survive the termination or expiry of these Terms.}

^{12 Collection Notice}

^{(a) We understand that privacy is important to you. We collect personal information about you in order to enable you to access and use the Site, to provide you with the Services, to contact and communicate with you, to respond to your enquiries, to process your order and for other purposes set out in our Privacy Policy.}

^{(b) We may disclose that information to the airport you are using the Services at, third party service providers who help us deliver our Services (including our information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information, we may not be able to provide our products to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.}

^{(c) Our Privacy Policy contains further information about:}

^{(1) how we store and use your personal information;}

^{(2) how you can access and seek correction of your personal information;}

^{(3) how you can make a privacy-related complaint; and}

^{(4) our complaint handling process.}

^{(d) By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.}

^{13 Termination}

^{(a) You may terminate these Terms at any time if we have committed a material breach of these Terms.}

^{(b) If we become aware, or have reason to suspect, that you are fraudulently obtaining or misusing the Services (for example, by fraudulently obtaining QR Codes) and/or have breached these Terms and Conditions, we may cancel all Services ordered by you and we reserve the right to not provide a refund for any cancellation.}

^{(c) We may also terminate these Terms without cause by giving you 7 days’ notice. If we do so, we will refund to you any Price paid in advance by you in connection with the unused portion of the Services.}

^{14 General}

^{(a) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.}

^{(b) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.}

^{(c) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause). This clause will survive the termination or expiry of these Terms.}

^{(d) Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.}

^{(e) Feedback and complaints: We are always looking to improve our Services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.}

^{(f) Governing law: These Terms are governed by the laws of New South Wales.Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.}

^{(g) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email (or, where the time of transmission is not on a business day, 9am on the next business day).}

^{(h) No commercial use: We have designed our Site and Services for you to use personally, and not on a commercial basis. You must not use the Site or purchase any Services, for your commercial purposes, including, for example, to offer, supply or provide our Services for resale (whether for a premium or not) or to use our Services for advertising, promotional or other commercial purposes, including trade promotions or competitions (unless previously agreed in writing by us).}

^{(i) Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.}

^{(j) Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.}

^{(k) Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.}

^{15 Definitions}

^{ConsequentialLoss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.}

^{IntellectualProperty means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.}

^{IntellectualPropertyRights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.}

^{Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.}

^{User Data the information provided by you to us or inputted by you into the Site as a result of your use of the Services.}

^{For any questions and notices, please contact us at:}

^{Airboard Group Pty Ltd Airboard (ABN: 89 626 617 418)}

^{Email: hello@airboard.aero}

^{Last update: 30th November 2020}

^‍