Effective March 2019
Thank you for participating in Wing’s drone delivery Service. The Service is provided by Wing Aviation Pty Ltd, located at Level 5, 48 Pirrama Road, Pyrmont, NSW 2009, Australia (“Wing”). The Service uses unmanned aerial vehicles (drones) to deliver food and other products (“Products”) sold by our merchant partners to you through our Wing mobile application (the “Service”).
You represent that you are at least eighteen years old and capable of entering into a legally binding agreement on behalf of yourself.
By clicking the “I agree” button in the Wing Delivery app, you agree to the Service Terms and Conditions, including the following:
1. Termination. Participation in the Service is entirely optional, and you may end your participation at any time by deleting the Wing mobile application (the “App”). Wing may terminate the Service or your participation in the Service at any time for any reason with or without notice to you. Upon termination by either party, these Service Terms will terminate, except that certain provisions of the Service Terms will continue to apply after termination as set forth in the “Survivability” section herein.
2. Drone Safety. You agree to clear your delivery zone of any obstacles prior to delivery. You agree that we may operate drones within 5 meters of you, and you agree to abide by all safety instructions, rules, and requirements provided by Wing to you, including any instructions, rules, and requirements provided through the Wing App. You agree to stay at least 2 meters away from the drone and delivery area during delivery. You agree that you will not touch the package until it is released from the drone and the drone is clear of the area.
3. Communicating with Wing. So that we can keep you updated on the progress of your delivery or of the Service generally, we may need to get in touch from time to time. Wing (or its contractors) may contact you (by phone call, email, in-person visit, etc.) in connection with the Service. You may contact the Wing team at email@example.com at any time with any questions that you might have.
4. Access. To deliver Products, Wing drones will need access to your property or the property designated in your Order. You expressly provide permission for Wing drones to overfly and hover over your property to deliver Product. Wing and/or its contractors may need to access your property from time to time to conduct the Service. We will contact you in advance if we require access to your property, and of course, you may decline.
5. Our Warranties and Disclaimers. We conduct the Service using a commercially reasonable level of skill and care. OTHER THAN AS EXPRESSLY SET OUT IN THESE SERVICE TERMS AND SUBJECT TO SECTION 9, WING EXCLUDES ALL WARRANTIES IN RELATION TO THE SERVICE.
7. Orders and Deliveries. Through the App, you will be able to order and purchase Products offered by our merchant partners. The Products are sold directly by the merchants. Wing will then deliver the Products to you by drone. All Products displayed on the App are subject to availability. If you have food allergies or other questions about a Product, please contact the selling merchant directly to determine whether a Product is suitable for you. Wing does not prepare or take responsibility for any Products sold by our merchant partners.
a. System Availability. Delivery times may vary and the system may be down at certain times. We may be unable to accept or deliver an order due to App availability or availability of delivery drones. Subject to section 9 of these Service Terms and Conditions, any estimated arrival or delivery time provided by Wing is not guaranteed; and we make no representations or warranties regarding availability.
b. Return and Refund Policy. If you are not satisfied with your delivery experience, please contact us at Wing. Return and refund policies with respect to Products are determined by the selling merchants subject to their compliance with all applicable Statutory Guarantees. If you would like more information about a merchant’s return and refund policy, please contact the merchant or visit their website.
You may contact Wing or the selling merchant directly if you wish to initiate a return of or refund for a Product.
c. Product Prices and Related Fees. Product prices and applicable fees (such as taxes and other fees that the merchant charges, like bottle deposits and e-waste fees) may vary and will be displayed to you (subject to paragraph f below) in the checkout process in the App. Product prices are set by the selling merchants and do not include delivery fees.
d. Delivery Fees. Delivery fees are set by Wing and will be displayed to you during the checkout process in the App.
e. Payment. By providing a credit card (or other payment method accepted by the App), you represent and warrant that you are authorized to use the designated payment method and that you authorize us, the selling merchant, and our third-party payment processor to charge your payment method for the total amount of your order (including any applicable taxes and other charges) and the delivery fee(s). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your account, you can do so at any time by logging into your account and editing your payment information.
f. Title, Estimated and Final Sales Taxes. Sales through the App are online sales and are processed as online transactions. You will receive an electronic receipt for your order. Wing does not take title for any Products you order through the App. Rather, title for each Product you purchase will pass directly from the merchant to you upon delivery of the Product to you. Sales tax will be calculated at the time title passes to you. The App may display estimated taxes on your purchase to you online during the purchase process; however, your final receipt will display the final sales tax calculated. Each merchant is solely responsible for calculating and informing Wing how much sales tax to collect on each order. Wing will collect the instructed amount from you on behalf of the merchant and will remit those funds to the merchant.
g. Product and Delivery Warranties.
This entire paragraph g is subject to section 9 of these Service Terms and Conditions.
THE PRODUCTS PURCHASED THROUGH THE APP ARE SOLD AND DELIVERED TO YOU “AS IS” AND “WITH ALL FAULTS”. NEITHER WING NOR THE MERCHANTS THAT SELL THE PRODUCTS THROUGH THE WING APP MAKE ANY WARRANTIES OR PROMISES ABOUT THE PRODUCTS OR THE DELIVERY. TO THE EXTENT PERMITTED BY LAW, WING (AND THE MERCHANTS) EXCLUDE AND DISCLAIM ALL WARRANTIES, AND, TO THE EXTENT PERMITTED BY LAW, WING (AND THE MERCHANTS) ALSO EXCLUDE AND DISCLAIM ALL REMEDIES, DAMAGES OR FINANCIAL LOSSES INCLUDING REPAIR AND REPLACEMENT REMEDIES, DIMINUTION IN ITEM VALUE, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
To the extent permitted by law, the total aggregate liability of Wing and the merchants to you is limited to the purchase price (and/or any associated delivery charge) of the Products you purchased that gave rise to the liability.
8. Use of the Service. You agree to use the Service only for purposes that are permitted by (i) these Service Terms and (b) any applicable law or regulation. This means that you will only use the Service to Order Products for delivery to your delivery zone and use features in the App through the interface that Wing provides. You will not use the Service to engage in any unlawful behavior, or to cause harassment, nuisance, annoyance or inconvenience to Wing, its users or any other person.
In order to use our Service, you will need to register or create an account. When doing so, you will provide us with accurate information, promptly notify us of any changes to such information and provide us with the proof of identity that we may reasonably request. You agree to keep secure and confidential your account password or any identification credentials that we provide you that allows access to the Service. You understand that if you contact us by SMS text messages, standard messaging charges will apply.
You also agree to comply with the following:
a. You will not attempt to gain unauthorized access to any part of the Wing App, website and/or to any service, account, resource, computer system and/or network connected to any server used by Wing. You will only attempt to access the Service through the interface that Wing provides to you.
b. You will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
c. You will not copy, reproduce, compile, publish, distribute or sell any content on the Wing application, website or any other Wing interface, including but not limited to Product images or descriptions, unless you obtain permission from us or are otherwise permitted to do so by law. These Service Terms do not grant you the right to use any branding or logos used in our Service.
d. You will abide by any terms and conditions applicable to promotions or special codes, which may appear in the announcement of the promotion/code or in a “Help” or “FAQ” section of the Wing App.
9. Statutory guarantees. Wing’s supply of the Service in Australia may be subject to certain statutory guarantees (including under the Australian Consumer Law) which cannot be excluded by contract (“Statutory Guarantees”). Each merchant’s supply of goods and services may likewise be subject to certain Statutory Guarantees.
Nothing in these Service Terms excludes, restricts or modifies the application of a Statutory Guarantee or any associated rights or entitlement to remedies.
10. Changes to the Service Terms and Conditions. Wing may add to, delete from or modify the Service Terms and Conditions at any time. You will be notified of any changes to the Service Terms and Conditions and will be given an opportunity to agree to the modified Service Terms and Conditions. If you do not wish to agree to the modified Service Terms and Conditions, your participation in the Service will terminate. If any change to the Service Terms and Conditions is found invalid, void, or for any reason unenforceable, that change will be deemed severable and will not affect the validity and enforceability of any remaining changes.
11. Electronic Communications. You are communicating with Wing electronically when you use the App or send email to Wing. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
12. Notifications. Wing may provide notifications to you as required by law or for the purpose of providing the Service via email to the primary email associated with your Wing account, hard copy, or posting of such notice on the App. Wing is not responsible for any automatic filtering you or your network provider may apply to email notifications.
13. Force Majeure. Wing will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14. Proprietary Rights. You acknowledge and agree that Wing (or Wing’s licensors) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
15. Severability. If any part of the Service Terms becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of the Service Terms will remain in full force and effect.
16. Survivability. The obligations in Sections 5, 6, 7.g., and 10 through 18 will survive any expiration or termination of these Service Terms.
17. Waiver. Failure or delay by us to enforce any the Service Terms will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
18. Governing Law and Jurisdiction. These Service Terms and Conditions are governed by the law applicable in the Australian Capital Territory. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Australian Capital Territory.