Australia LAST UPDATED: February 2022
1. Welcome to AirRobe
Please read these terms carefully as they contain, to the extent legally allowable in your jurisdiction, an agreement to arbitrate as well as other important legal rights, remedies, and information.
Services means the AirRobe website located at airrobe.com (Site) and related services including any of our websites, online marketplace, mobile applications, via email, cloud-based services, or controlled widgets embedded in communication platforms, and any content contained therein (Content).
This Agreement applies to all AirRobe services, including the AirRobe website located at www.airrobe.com and related services including any of our websites, online marketplace, mobile applications, via email, cloud-based services, or controlled widgets embedded in communication platforms, and any content contained therein (collectively, the Services). The Service provides an online marketplace where Users can list, sell and rent items (Items). Users who purchase Items are called Buyers, and Users who sell Items are called Sellers. Users who rent out Items are called Renters, and Users who lease items are called Leasers. Users may be all or any of Buyers, Sellers, Renters and Leasers on the Service. In using the Service, Users enter into a contract for the sale and purchase, or rental, of Items directly between themselves, and AirRobe is not a party to such transaction.
There are risks that you assume when dealing with others, and these risks are borne by You alone, and not AirRobe. You are solely responsible for your evaluation of, and decision to use, the Service, Buy, Sell, or transact any business or communications on the Service, and will be liable for all of Your actions on the Service.
4. Third Party Services
AirRobe may provide to You, or provide Your Content to, certain third party services or third party service providers (collectively, Third Party Services) which may also provide to You links to sites, email and telephone correspondence and other offers outside of the AirRobe network. Such Third Party Services are provided "AS IS" without indemnification, support, or warranty of any kind, and this Agreement does not apply to Your use of any such provided Third Party Services. You are responsible for evaluating whether You want to access or use such Third Party Services, and, in certain circumstances where required or applicable, may opt-out from such Third Party Services available outside of the AirRobe network, or may choose to not utilise such Third Party Services at any time. We reserve the right to suspend Third Party Services at any time. You should review any applicable terms and/or privacy policies of a Third Party Service before using it or sharing any information with it, because You may give the operator permission to use Your information outside of what You have agreed to herein. AirRobe is not responsible for, nor endorses any features, content, advertising, products or other materials on or available from such Third Party Services.
5. Third Party Material
AirRobe will not be liable in any way for (1) any items or content on the Service posted by third parties, other users, or at the direction of users (Third Party Materials), or (2) any errors, omissions, loss, or damage of any kind as a result of such Third Party Materials on the Service; and you acknowledge that AirRobe does not, and is under no obligation, to review, screen, or inspect any Third Party Materials on the Service, although AirRobe reserves the right to do so, and remove Third Party Materials at our sole discretion. You agree that you bear all risk associated with the use, reliance, condition, accuracy, completeness, or usefulness of Third Party Materials.
6. Referrals and Credits
7. Your Responsibilities
You are solely responsible for all information, descriptions, pictures, listings, data, text, music, videos, media, comments, or any other materials (Content) that you upload, post, publish, transmit, or display (Post) via the Service. The following are examples of Content, Postings, or Use of the Service that is illegal or prohibited by AirRobe. AirRobe may investigate, take legal action, or perform any other action it deems necessary or warranted in managing the Service, Your Content, Posting, or Use, without limitation, including preservation of such information for investigative purposes.
8. Your Content
As a User of our Services, all information, including items, messages, offers, purchases, sales, etc. that You post, transmit, or submit through our Services (Content) is intended to be shared with other Users. By submitting any Content to us, You hereby represent and warrant that You own all rights to the Content or, alternatively, that You have the right to give us the license described below, including the correct and legal permissions and consents for any personally identifiable information you may provide to, or upload by way of, the AirRobe Services. By posting or otherwise transmitting any User Content you hereby grant and will grant to AirRobe and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your User Content in connection with the operation of the Service or any other products or services of AirRobe, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing your User Content on the Internet or on Third Party Services such as Instagram, sharing it with blogs, etc., and allowing other users to share listings that include your User Content). You further represent and warrant that the Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. We are not under any obligation to review any Content posted by our Users on our Services, although we reserve the right to do so with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law. We reserve all defenses made available to us by any applicable laws, rules, or regulations. We may refuse to accept or display the Content, and may remove or delete all or any portion of the Content at any time. You understand that AirRobe is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of AirRobe. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the AirRobe Parties with respect thereto. Any and all Content You upload is not considered confidential by AirRobe, will be treated as public information, and You agree and understand is intended to be shared with other users of our Services as well as third parties, all in AirRobe’s sole discretion, and AirRobe has no control or liability over what other users do with your Content. You understand and agree that AirRobe will not be liable for any treatment of your Content as confidential and waive all rights with respect to any such claims of confidentiality. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (Submissions), provided by You to AirRobe are non-confidential and AirRobe shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You. If You do not agree that your Content will be considered public and will not be considered confidential, you must not use the Service.
9. Intellectual Property Rights
You acknowledge the Service contains images and descriptions that are third party content (Service Content) that is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. AirRobe retains all rights to our intellectual property. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action with the Service Content or AirRobe’s intellectual property that You are exposed to through our Service not explicitly authorized by this Agreement. Any use of the Service or the Service Content other than as specifically authorised herein is strictly prohibited. All goodwill generated from the use of AirRobe trade marks will inure to our exclusive benefit. Any rights not expressly granted herein are reserved by AirRobe. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to AirRobe.
10. Infringement Policy
AirRobe respects the intellectual property of others and ask that our Users do the same. Although AirRobe is under no obligation to do so, it will make all reasonable efforts to investigate notices of alleged infringement or violations of intellectual property laws and take actions regarding such infringement where applicable. If you believe your work has been copied in a way that constitutes infringement or your intellectual property rights have been violated, please provide our Copyright Agent with the following information: (1) confirmation you are owner, or authorised to represent owner of the intellectual property (2) description of your work (3) description of the infringing work, and (4) a statement that you believe use of the work is not authorised. If you work is removed due to infringement and You believe it is not infringing, please provide our Copyright Agent with (a) confirmation you are owner, or authorized to represent owner of intellectual property (b) identification of removed content and description, (c) statement of good faith regarding ownership of the intellectual property and (d) your contact information. AirRobe will endeavor to resolve counter-notices in 10 to 14 business days, and will provide the original complaining party an opportunity to seek a court order against the counter-claiming party, and in the event no order is sought, may allow the original content to be reposted. Please contact us at firstname.lastname@example.org (Subject line: Takedown Request).
11. Sale and Rental Transactions
i. Risks, No Warranty. You assume certain risks in using a marketplace service such as AirRobe. AirRobe is not involved with, nor provides a warranty for, any transaction between Buyer and Seller or Renter and Leaser, nor has title to any Items, and is not the Buyer, Seller, Renter or Leaser in any transaction. You as a Buyer, Seller, Renter and/or Leaser (each a Transaction Party) assume, agreement, and understand You bear all of the risks in selling or purchasing of items on the Service.
ii. Fees. Registering for the Service is free, however, AirRobe charges certain fees for various transactions through Your use of the Service.
iii. Prohibited items. AirRobe prohibits the listing or sale of any Item that is illegal to sell under any applicable law, statute, ordinance, or regulation. AirRobe prohibits the listing or sale of counterfeit items.
iv. Sellers and Renters. You agree that You have all rights necessary to sell or rent (as applicable) the Items you make available, and will describe such Items truthfully, accurately, and completely.
v. Buyers and Leasers. You are solely responsible for reading and reviewing the Item listening before making an offer, purchasing or leasing (as applicable). The contract to purchase or lease is between You and the Seller or Renter (as applicable), not AirRobe.
vi. Purchases. Buyers may offer to purchase Items from Sellers, and once accepted, this is considered a purchase, and a binding contract. Upon purchasing an Item, a Buyer is obligated to remit payment for the Item to AirRobe including any shipping or additional fees listed. AirRobe is not an auctioneer, nor is it a Seller or carrier. Service includes pricing, listing, and shipping assistance, but AirRobe is not a Buyer or Seller of Items. AirRobe may delay any Purchase for purposes of fraud detection or to protect users from other illegal or wrongful activities. All Purchases are final, with no returns, refunds, cancellations, or retractions allowed, except where (a) Buyer cancels an order within three (3) hours of purchase, or (b) the Purchase is cancelled where explicitly permitted by AirRobe or where applicable, a Seller.
vii. Renting. Leasers may offer to lease Items from Renters, and once accepted, this is considered a Rental, and a binding contract. Upon leasing an Item, a Leaser is obligated to remit payment for the Item to AirRobe including any shipping or additional fees listed, and to return the Item to the Renter at the end of the agreed Rental period. AirRobe is not an auctioneer, nor is it a Renter or carrier. Service includes pricing, listing, and shipping assistance, but AirRobe is not a Renter or Leaser of Items. AirRobe may delay any Rental for purposes of fraud detection or to protect users from other illegal or wrongful activities. All Rentals are final, with no returns, refunds, cancellations, or retractions allowed, except where (a) Leaser cancels an order within three (3) hours of purchase, or (b) the Rental is cancelled where explicitly permitted by AirRobe or where applicable, a Renter.
viii. Taxes. Purchased or rented items may be subject to applicable taxes in your jurisdiction, which AirRobe will collect from Buyers or Leasers on behalf of Sellers or Renters (as applicable) where obligated to do so, and in the event taxes are collected and AirRobe is legally obligated to do so, remit such taxes to applicable taxing authorities on behalf of Sellers or Renters (as applicable). Note that taxes may not be included in the listed price for Items, but will be displayed before confirmation of purchase. Use of credits (if any) may modify taxes that apply to a Buyer’s or Leaser’s order. Taxes may be estimated based on offers made on Items, but are subject to change if final sale price is different than original offer. Taxes are based on several factors, including price, location, and state, local, federal, or other applicable rates at time of purchase. Although we may assess taxes upon purchase or sale, You are ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where AirRobe does not collect taxes on your behalf.
ix. Payments. Buyers and Leasers may pay for Items using payment methods approved by AirRobe, and AirRobe will receive payment from Buyer or Leaser on behalf of Seller or Renter (as applicable). By submitting payment information to AirRobe You authorise AirRobe to store that information and with your confirmation, charge You for any Items purchased.
x. Fee Modifications. We may change or discontinue, temporarily or permanently, some or all fees for the Service, and such changes will be effective upon notification to Users or public display of the amended fees through our Service.
xi. Shipping. Buyers and Leasers are responsible for any shipping costs incurred with respect to their purchased or rented Item.
xii. Returns. Unless as otherwise provided herein, AirRobe does not allow returns. If an Item is not as described on the Service, you the Buyer, are required to initially attempt to resolve the issue with the Seller. In the event you are unable to resolve the issue, please report the issue through the Service or by emailing email@example.com within three days after determined delivery of the Item based off tracking information. AirRobe requires evidence of an attempted resolution. AirRobe shall have final determination regarding the accuracy of item descriptions and has the sole authority to determine whether a refund is or is not warranted. Buyer and Seller understand and agree that they will abide by any final determinations made by AirRobe in respect to any such issues and returns.
12. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, AIRROBE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIRROBE MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL, RENT OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
AIRROBE MAKES NO GUARANTEE REGARDING THE AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY OF ANY ITEMS OFFERED OR SOLD, NOR THE TRUTH OR ACCURACY OF ANY LISTINGS, OR ABILITY OF BUYERS AND SELLERS TO TRANSACT ANY BUSINESS ON THE PLATFORM.
13. Limitations on Liability
AirRobe is not liable for (1) any Content posted on our Services; (2) purchases, sales, rentals, or other obligations that may arise between Users; (3) any damages that result through Your use of our Services; (4) any negative or critical comments that may be posted by other Users through the Services; (5) any of the Third Party Services You may be provided pursuant to Your use of the Services; (6) any third party personally identifiable information you upload or provide to AirRobe pursuant to the Services; or (7) any cost of substitute goods or services.
You are solely responsible for your interactions with other Users, including any transactions. You agree AirRobe will have no liability or responsibility with respect to such interactions, purchases, sales or rentals. AirRobe reserves the right but is under no obligation to become involved in any dispute between You and another User.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL AIRROBE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, WHETHER OR NOT AIRROBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SERVICES; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (3) ANY OTHER MATTER RELATED TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL AIRROBE BE LIABLE TO A USER, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR MORE THAN THE GREATER AMOUNT OF (1) COMMISSIONS THAT YOU HAVE PAID TO AIRROBE AS A SELLER OR LEASER IN THE LAST SIX (6) MONTHS, OR, (2) ONE HUNDRED U.S. DOLLARS (USD $100).
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. Our licensors and service providers will have no liability of any kind under this Agreement. Unless such restriction is prohibited by applicable law, You may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises.
You agree to release, defend, indemnify and hold AirRobe, its affiliates and employees (collectively, Indemnitees) harmless from any legal claim or demand (including reasonable attorney fees) that arises from Your actions (or inactions), Your use (or misuse) of our Services, Your breach of this Agreement, or You and Your accounts infringement of someone else’s rights. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
15. Mobile Services
When you access the Service through a mobile device, you may incur a fee for data usage or other associated costs from your wireless provider. You agree that You are solely responsible for Your use of the Service on your mobile device and adherence to your wireless provider’s terms and conditions.
16. Apple-Enabled Software Applications
17.1 Governing Law
Each party will comply with all laws, rules, and regulations applicable to this Agreement. This Agreement shall be governed by the laws of Victoria and the Commonwealth of Australia. You acknowledge that the Services are of Australian origin and agree to comply with all export laws and regulations of Australia.
17.2 Dispute Resolution, Arbitration Agreement
AirRobe is always interested in resolving disputes amicably and efficiently. If you have any concerns or disputes please email customer support at firstname.lastname@example.org. If a dispute is unresolved, we encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and eBay irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.
17.3 Severability, Headings, Non-waiver
The unenforceability of any provision of this Agreement will not affect the enforceability of any other provision. If any provision of this Agreement is deemed to conflict with another, AirRobe will have the sole right to elect which provision remains in force. Headings are provided for convenience only. We reserve all rights under applicable law. Our non-enforcement of any provision of this Agreement or under applicable law will not be construed as our waiver of any enforcement rights under the same or different circumstances at any time in the future.
THIS AGREEMENT AND THE SERVICES DESCRIBED HEREIN ARE SUBJECT TO CHANGE BY AIRROBE IN ITS SOLE DISCRETION AT ANY TIME. AirRobe may modify or discontinue the Service with or without notice. AirRobe is not liable to You or any third party for any such modification or discontinuation. When changes are made to this Agreement, We will make a new copy of the Agreement available by posting on our website or through the Services. If we make any material changes, and You have registered to use the Services, we may also notify you via email or through the Services. Changes will be effective immediately for new Users and will be effective ten (10) days after posting notice of such changes on our website for existing Users. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Agreement. If you do not agree to abide by this Agreement or any future terms of this Agreement, do not use or access (or continue to use or access) the Service.
We may suspend or terminate the Services or Your account at our discretion without explanation, notice, and liability to AirRobe including removing and discarding any items or content within the Service, for any reason, though We will strive to provide a timely explanation. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. You may terminate this Agreement by closing Your account for the Service. AirRobe will not have any liability whatsoever to You for any suspension or termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including ownership, success fees, warranty disclaimers, indemnity and limitations of liability.
17.6 Export Controls and Laws
All software and Services may be subject to export control laws in your applicable jurisdiction. You agree that you will not, and are solely responsible for any violation of, such export control laws. Download and use of software, including where You use, is Your responsibility and at Your own risk.
17.7 Electronic Communication, Documentation
When you use the Service or send e-mails to us, you are agreeing to communicate with us electronically. This Agreement and any other documents reference herein will be considered a “writing” or “in writing” to comply with applicable legal requirements, and are legally enforceable between the parties. Printed versions of this Agreement and the documents referenced herein will be admissible in any legal proceeding.
You agree we will provide notices and messages to You within the Services, or if required, via email or regular mail. You may provide AirRobe notice and will be deemed provided once received by AirRobe, addressed via mail to the address noted in the Questions, Comments section below.
17.9 Questions, Comments
Please contact us with any questions, comments, or to report a violation of this Agreement:
18. Geographic Specific Provisions
18.1 Users in California
Notwithstanding anything to the contrary in the rest of the Agreement, the following takes precedence with respect to Users in California:
18.1.1 California Civil Code.
Under California Civil Code Section 1789.3, Users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.agree we will provide notices and messages to You within the Services, or if required, via email or regular mail. You may provide AirRobe notice and will be deemed provided once received by AirRobe, addressed via mail to the address noted in the Questions, Comments section below.