Last updated: April 24, 2018
This Agreement is a legal agreement between you (either an individual or a single entity) and Airport Sherpa LLC and it governs your use of the Application made available to you by Airport Sherpa LLC.
If you do not agree to the terms of this Agreement, do not sign up and do not download or use the Application.
The Application is licensed, not sold, to you by Airport Sherpa LLC for use strictly in accordance with the terms of this Agreement.
This Agreement is concluded between you and Airport Sherpa LLC and not with Apple Inc. or Google, Inc. However, You acknowledge and agree that Apple Inc., Apple Inc.’s subsidiaries, Google, Inc., and Google, Inc.’s subsidiaries are third party beneficiaries of this Agreement, and, on your acceptance of the terms and conditions of this Agreement, Apple and Google will each have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof.
Airport Sherpa LLC grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to:
license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
copy or use the Application for any purpose other than as permitted under the above section 'License'.
modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Airport Sherpa LLC or its affiliates, partners, suppliers or the licensors of the Application.
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Airport Sherpa LLC.
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Airport Sherpa LLC with respect to the Application shall remain the sole and exclusive property of Airport Sherpa LLC.
Airport Sherpa LLC shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Modifications to Application
Airport Sherpa LLC reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Updates to Application
Airport Sherpa LLC may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Application. You agree that Airport Sherpa LLC has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that Airport Sherpa LLC shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Airport Sherpa LLC does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Order Pick Up, Delivery, Cancellation
After placing your order and scheduling a pick-up / delivery time, no changes can be made to the order unless required by the Third-Party service provider (i.e restaurants). Please be aware of the relevant time zones, as applicable, during your travel and order/pick-up time. For additional questions, please contact Licensor by telephone at 1 (703) 574-0246
Email Notices and Text Messages
Airport Sherpa will send an email in order to verify your account upon setting up your account. You may receive additional emails if you change your account settings or password. You will also receive an email receipt for each order you place through the Airport Sherpa App. These are provided for your records and for your use in picking up your order. You may also receive text message and push notifications related to orders that have been placed as well as notifications related to flight information and reminders.
Term and Termination
This Agreement shall remain in effect until terminated by you or Airport Sherpa LLC.
Airport Sherpa LLC may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Airport Sherpa LLC, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device and requesting an account closing in writing.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device. Termination of this Agreement will not limit any of Airport Sherpa LLC's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold Airport Sherpa LLC and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Airport Sherpa LLC, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Airport Sherpa LLC provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither Airport Sherpa LLC nor any Airport Sherpa LLC's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of Airport Sherpa LLC are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Airport Sherpa LLC and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no event shall Airport Sherpa LLC or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Airport Sherpa LLC or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
For U.S. Government End Users
The Application and related documentation are "Commercial Items", as that term is defined under 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
You may not export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.
By installing or using any component of the Application, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
Amendments to this Agreement
Airport Sherpa LLC reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
The laws of Delaware, United States, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Good.
If you have any questions about this Agreement, please contact us at firstname.lastname@example.org or 1 (703) 574-0246.
The Agreement constitutes the entire agreement between you and Airport Sherpa LLC regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Airport Sherpa LLC.
You may be subject to additional terms and conditions that apply when you use or purchase other Airport Sherpa LLC's services, which Airport Sherpa LLC will provide to you at the time of such use or purchase.
Last updated: April 24, 2018
Airport Sherpa LLC ("us", "we", or "our") operates the www.airportsherpa.io website and the Airport Sherpa mobile application (the "Service").
This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.
Information Collection And Use
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, phone number, postal address ("Personal Information").
We collect this information for the purpose of providing the Service, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders billing, other purposes disclosed as the time information is collected and improving our services.
We collect information from and about users of our Service:
Information Provided to Us Directly by You
When you download, register with or use this App, we may ask you to provide information by which you may be personally identified, such as name, e-mail address, telephone number, and your location and/or gate information ("personal information").
This information includes:
These are examples of the types of information we collect and the ways in which we may collect it. Please note that we may also collect information in other forms as described at the time of collection. If you do not want us to collect your personal information, please do not provide it to us.
Automatic Information Collection
When you download, access and use the App, it may use technology to automatically collect:
If you do not want us to collect this information, do not download the App or delete it from your device.
Information Collection Technologies
The technologies we use for automatic information collection may include:
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.
In addition, we may disclose personal information that we collect or you provide:
Your Choices about Our Collection, Use and Disclosure of Your Information
We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.
Accessing Your Personal Information
You can review and change your personal information by logging into the App and visiting your account profile page. We cannot delete your personal information except by also deleting your user account. Additionally, please note that we may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect
We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
When you access the Service by or through a mobile device, this Log Data may include information such as the type of mobile device you use, your mobile device unique ID, such as the Android Advertising ID and Apple iOS IDFA, or other unique device identifier (an identifier uniquely allocated or generated for your device by your device), the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service's functionality. These third party service providers have their own privacy policies addressing how they use such information.
We utilize the following third-party service providers to support analytics and App operations. Users may refer to their individual privacy policies for additional information on how each service manages data and information.
Please see the section regarding Location Information below regarding the use of your location information and your options.
We may use and store information about your location depending on the permissions you have set on your device. We use this information to provide features of our Service, to improve and customize our Service. You can enable or disable location services when you use our Service at anytime, through your mobile device settings. Additionally, we may use and store derived information, such as location, from your Internet Protocol ("IP") address to improve and customize our Service.
Cookies and Similar Technology
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.
We may also use an advertising identifier created by your mobile operating system to store information on our servers to provide the Service. The advertising identifiers include, the Android Advertising ID and Apple iOS IDFA, or other unique device identifier (an identifier uniquely allocated or generated for your device by your device). For more information about advertising identifiers, please check the settings of your mobile device.
If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.
Do Not Track Disclosure
We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
We may work with third party companies to facilitate our Service (such as providing your name to the restaurant to facilitate your pickup of an order), to provide the Service on our behalf, to perform Service-related services and/or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose.
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
Compliance With Laws
We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.
However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you. Please also be aware that the security of your login information is your responsibility.
If we learn of a security system breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using the App or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the App. We may post a notice on our App if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the information, including Personal Information, to United States and process it there.
Links To Other Sites
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Only persons age 18 or older have permission to access our Service. Our Service does not address anyone under the age of 13 ("Children").
We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a child under age 13 without verification of parental consent, we take steps to remove that information from our servers.