Terms & Conditions

AIRKART PTY LTD (ABN 16 666 545 268) ("Airkart", "we", "us", "our") is a software studio operating from Victoria, Australia, providing consulting, design, engineering and hosted software services for data platforms and AI-powered products. "You" means the individual or entity accessing this website, our platforms, or receiving our services. If you act for an entity, you warrant you are authorised to bind it to these terms.

By accessing the site, submitting an enquiry, or using any Airkart product or service, you accept these terms. If you do not accept them, you must not use the site or our services.

Where we deliver services or licence software to a client, the commercial terms are set out in a signed Statement of Work ("SOW"), Master Services Agreement ("MSA"), subscription order form or equivalent. In the event of inconsistency, documents apply in this order: (a) the signed MSA; (b) the applicable SOW or order form; (c) these terms. Nothing on this website constitutes an offer capable of acceptance, a quote, or a binding commitment to deliver.

You must not, and must not permit any person to:

• access or attempt to access any system, account or data you are not authorised to access;
• probe, scan, penetration-test, load-test or otherwise stress our infrastructure without our prior written consent;
• introduce malware, or interfere with the integrity, availability or performance of the site or platforms;
• scrape, crawl, harvest, mirror or bulk-extract content, or use automated agents beyond ordinary search-engine indexing;
• use any content, output or data to train, fine-tune or evaluate a machine-learning model without our prior written consent;
• reverse engineer, decompile or attempt to derive source code, model weights, prompts or architecture from any Airkart product;
• resell, sublicence, white-label or provide our services to third parties as a service bureau; or
• use the site or services unlawfully, or in a way that infringes the rights of any person.

We may suspend, restrict, throttle, modify or withdraw all or part of the site or a platform at any time, with or without notice, including where we reasonably suspect a breach of these terms or a security risk.

All content on this site — copy, graphics, logos, marks, layout, code samples, project descriptions, screenshots and the Airkart name and branding — is owned by Airkart or its licensors and protected under Australian and international copyright, trade mark and related law. You receive no licence except a limited, revocable, non-exclusive right to view and print pages for your own internal reference.

We retain all right, title and interest in our pre-existing materials, tools, frameworks, libraries, methodologies, know-how, templates and any generic improvements developed in the course of an engagement ("Background IP"). Where an SOW assigns deliverables to a client, that assignment takes effect only on full payment of all amounts due, and is subject to a perpetual, irrevocable, royalty-free licence back to Airkart to use the Background IP and any non-client-specific learnings.

Client names, logos and platform references shown on this site are used for identification and portfolio purposes only and remain the property of their owners.

When you submit an enquiry we collect the information you provide in order to respond. See our Privacy Policy. Any feedback, suggestion, feature request or idea you send us is provided non-confidentially and free of charge, and you grant us an unrestricted, perpetual, worldwide licence to use it for any purpose without attribution or compensation. Do not send us confidential or trade-secret information unless we have signed a written non-disclosure agreement.

Delivery depends on your timely cooperation. You are responsible for: providing accurate and complete information, data, access, credentials and environments; obtaining all consents, licences and approvals required for us to process your data; nominating an authorised decision-maker; and reviewing and approving deliverables within the agreed timeframes. Delay, incomplete inputs, changed requirements or third-party dependencies outside our control may affect timelines and fees, and we are not liable for any resulting delay or cost.

Unless an SOW states otherwise: fees are quoted in Australian dollars and exclusive of GST and other taxes; invoices are payable within 14 days; and we may charge interest on overdue amounts at 2% above the RBA cash rate, plus reasonable recovery costs. We may suspend work or access while any amount is overdue. Fees are non-refundable except where required by law. Estimates are indicative only and are not fixed-price commitments unless expressly stated as such in writing.

Our platforms and deliverables may incorporate artificial intelligence, machine learning and third-party model providers. AI systems are probabilistic: outputs may be incomplete, inaccurate, outdated or unsuitable for a particular purpose. Outputs are provided as decision support only and are not professional, financial, medical, legal or regulatory advice. You are solely responsible for human review, validation and any decision or action taken on the basis of an output, and for compliance with any law applicable to your use of it. We make no representation that outputs are unique, non-infringing, reproducible or free from bias.

Our site and platforms may link to or depend on third-party tools, clouds, APIs, model providers and integrations. Those services are governed by their own terms, are outside our control, and references to them do not imply endorsement or partnership. We are not liable for any act, omission, outage, price change, deprecation, data handling or breach by a third-party provider, or for any loss arising from your use of a third-party service.

Unless a written service-level agreement applies, the site and platforms are provided on an "as available" basis with no uptime, throughput or response-time commitment, and may be interrupted for maintenance, upgrades or reasons outside our control. We apply reasonable technical and organisational security measures but do not warrant that any system is impenetrable or error-free. You remain responsible for maintaining your own backups and records of any data you supply to or hold within a platform.

The site, its content and any free or trial material are provided "as is" and "as available". To the maximum extent permitted by law, we exclude all representations, warranties, guarantees and conditions — express, implied or statutory — including as to accuracy, currency, completeness, merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted or error-free operation, and any warranty arising from course of dealing or trade usage.

Case studies, metrics and outcomes shown on this site describe past results in specific contexts. They are illustrative only and are not a prediction, warranty or guarantee of any result for you.

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you may have under the Australian Consumer Law ("ACL") or other law that cannot lawfully be excluded. Where the ACL applies and permits us to limit our liability, our liability for a failure to comply with a consumer guarantee is limited, at our option, to: (a) re-supplying the services; (b) paying the cost of having the services re-supplied; or (c) in the case of goods, replacing or repairing them or paying the cost of doing so.

Subject to clause 12, to the maximum extent permitted by law:

• we are not liable for any indirect, incidental, special, punitive or consequential loss, or for loss of profit, revenue, anticipated savings, goodwill, reputation, opportunity, business interruption, or loss or corruption of data, however arising (including in contract, tort, negligence, statute or equity), even if advised of the possibility; and
• our total aggregate liability for all claims connected with the site, a platform or an engagement is capped at the lesser of (a) the fees actually paid by you to Airkart for the specific service giving rise to the claim in the three months immediately before the event, and (b) AUD $1,000 where no fees have been paid.

Our liability is reduced proportionately to the extent a loss is caused or contributed to by you, your personnel, your data, your instructions, a third-party service, or your failure to mitigate. Any claim must be brought within 12 months of the date you first became aware of the circumstances giving rise to it.

You indemnify Airkart and its personnel against all claims, losses, liabilities, fines and reasonable legal costs arising from or connected with: your breach of these terms or any applicable law; your use of the site, a platform or any output; any data, content or instruction you supply, including any allegation that it infringes a third party's rights or was collected or used without a required consent or licence; and any claim by your end users or customers relating to your product or service.

Each party must keep the other's confidential information confidential, use it only for the purpose of the engagement, and disclose it only to personnel and advisors who need it and are bound by equivalent obligations. This does not apply to information that is public, independently developed, lawfully received from a third party, or required to be disclosed by law or a regulator. Airkart may identify a client and describe the general nature of the work in its portfolio and marketing unless the SOW says otherwise.

We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). Where we process personal information on your behalf, you are the controlling entity: you warrant that you have a lawful basis and all required notices and consents in place, and you must not supply us with sensitive, health, payment-card or government-identifier data unless we have agreed in writing to receive it.

We may suspend or terminate your access to the site or a platform immediately if you breach these terms, create a security or legal risk, or fail to pay. Either party may terminate an engagement as set out in the applicable SOW. On termination you must pay for all work performed and costs committed up to the termination date. Clauses that by their nature should survive termination — including intellectual property, confidentiality, indemnity, limitation of liability and governing law — survive.

Neither party is liable for a failure or delay in performance (other than payment) caused by an event beyond its reasonable control, including natural disaster, epidemic, war, civil unrest, industrial action, government action, failure of telecommunications, cloud or internet infrastructure, cyber-attack, or the outage, deprecation or withdrawal of a third-party service or model provider.

During an engagement and for 12 months afterwards, you must not directly or indirectly solicit or induce any Airkart employee or contractor involved in the engagement to terminate their relationship with Airkart, except through a general public advertisement not targeted at them.

These terms are the entire agreement between us in relation to the website and supersede earlier representations. We may assign or novate our rights to a related entity or in connection with a sale of business; you may not assign without our written consent. If a provision is unenforceable it is severed and the remainder continues. A failure or delay in exercising a right is not a waiver of it. Nothing in these terms creates a partnership, joint venture, agency or employment relationship. Notices to us must be sent to support@airkart.com.au.

These terms are governed by the laws of the State of Victoria, Australia, and you submit to the exclusive jurisdiction of the courts of Victoria and courts hearing appeals from them. Before commencing proceedings (other than for urgent injunctive relief or debt recovery), the parties must first attempt to resolve the dispute in good faith through senior-level discussion within 20 business days of written notice. Each party bears its own costs of that process.

We may update these terms at any time. The current version is always available at this URL with the "last updated" date at the top. Continued use of the site or a platform after changes are posted constitutes acceptance of the updated terms. Changes do not retrospectively alter a signed SOW or MSA.

Questions or notices about these terms can be sent to support@airkart.com.au, AIRKART PTY LTD (ABN 16 666 545 268), Victoria, Australia.