Terms of Service
Please read these Terms of Service carefully before using the Airy platform. By accessing or using our services, you agree to be bound by these terms.
Table of Contents
1. Acceptance of Terms
By accessing, browsing, or using the Airy platform — including our website at airy.ng, mobile applications, and any associated services (collectively, the "Platform") — you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you must not use the Platform.
Airy reserves the right to modify, update, or revise these Terms at any time. Any changes will be effective immediately upon posting to the Platform, and your continued use of the Platform following such changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Airy Technologies Limited ("Airy," "we," "us," or "our"), a company incorporated under the laws of the Federal Republic of Nigeria.
2. Account Registration & Eligibility
To access certain features of the Platform, you must create an account. You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to register for an account and use the Platform. By creating an account, you represent and warrant that you meet this eligibility requirement.
You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account.
You must notify Airy immediately at support@airy.ng if you become aware of any unauthorised use of your account or any other breach of security. Airy shall not be liable for any loss or damage arising from your failure to protect your account credentials.
Airy reserves the right to suspend, disable, or terminate any account at our sole discretion, including but not limited to cases where we reasonably believe that account information is inaccurate, or that the account has been used in violation of these Terms.
3. Marketplace Rules
For Buyers
- You agree to use the Platform solely for lawful purposes and in accordance with these Terms.
- You shall provide accurate delivery information and ensure availability to receive orders at the specified delivery address.
- You agree to inspect products upon delivery and report any issues, damages, or discrepancies within 24 hours of receipt.
- You shall not engage in fraudulent transactions, including but not limited to using stolen payment methods, placing orders with the intent to dispute legitimate charges, or misrepresenting product conditions for refund claims.
- You acknowledge that product images on the Platform are representative and that minor variations in colour, size, or packaging may occur.
For Vendors
- Vendors must complete the verification process and maintain accurate, up-to-date business information on the Platform at all times.
- Vendors are solely responsible for the accuracy of product listings, including descriptions, pricing, images, ingredients, expiry dates, and availability.
- Vendors must ensure that all products sold through the Platform are genuine, safe, unexpired, and compliant with all applicable Nigerian laws and regulations.
- Vendors agree to fulfil orders promptly, maintain adequate inventory levels, and communicate any delays or stock issues to buyers in a timely manner.
- Vendors shall not list prohibited items, including but not limited to counterfeit products, expired goods, controlled substances, or any items that may cause harm to animals.
- Airy reserves the right to remove any listing, suspend, or terminate any vendor account that violates these Terms or our Vendor Guidelines.
4. Products & Listings
Airy operates as a marketplace platform that connects buyers with third-party vendors. Unless expressly stated otherwise, Airy is not the seller of products listed on the Platform. Each vendor is independently responsible for the products they list and sell.
While Airy takes reasonable steps to verify vendors and review listings, we do not guarantee, endorse, or assume responsibility for the accuracy, quality, safety, legality, or suitability of any product listed by a vendor. Product descriptions, images, and specifications are provided by vendors and are the vendor's sole responsibility.
Airy reserves the right, at our sole discretion, to remove, modify, or refuse any product listing that we deem inappropriate, misleading, unsafe, or in violation of these Terms, our community guidelines, or applicable law.
5. Orders, Payments & Pricing
All prices on the Platform are displayed in Nigerian Naira (₦) and are inclusive of applicable taxes unless otherwise stated. Vendors set their own product prices, and Airy does not control or guarantee pricing accuracy.
By placing an order, you make an offer to purchase the product(s) at the listed price. An order is confirmed only when you receive an order confirmation from Airy. We reserve the right to refuse or cancel any order for any reason, including but not limited to product unavailability, pricing errors, or suspected fraudulent activity.
Payments are processed through our secure third-party payment processors. By providing payment information, you represent and warrant that you are authorised to use the payment method provided. Airy does not store your full payment card details on our servers.
Airy may utilise an escrow payment system whereby funds are held securely until the buyer confirms receipt of the product in satisfactory condition. This escrow mechanism is designed to protect both buyers and vendors and ensure fair transactions.
Airy charges vendors a service fee or commission on each completed transaction. The applicable fee structure is disclosed to vendors during the onboarding process and may be updated from time to time with prior notice.
6. Delivery & Shipping
Airy facilitates delivery of products from vendors to buyers. Delivery timelines, including same-day and next-day delivery options, are estimates and not guarantees. Actual delivery times may vary based on vendor location, product availability, traffic conditions, weather, and other factors beyond our control.
Delivery is currently available within Lagos, Nigeria, with plans to expand to other cities. Delivery availability and fees vary by location and are displayed at checkout.
You are responsible for providing accurate and complete delivery information. Airy and our delivery partners shall not be liable for delays or failed deliveries resulting from incorrect addresses, inaccessible locations, or the recipient's unavailability.
Risk of loss and title for products pass to the buyer upon delivery. You are encouraged to inspect all products immediately upon delivery and report any issues within 24 hours.
7. Returns & Refunds
Airy's return and refund policy is designed to ensure fairness for both buyers and vendors. Returns and refunds are subject to the following conditions:
You may request a return or refund if the product received is damaged, defective, expired, materially different from the listing description, or if the wrong product was delivered. Return requests must be submitted within 24 hours of delivery through the Platform or by contacting support@airy.ng.
Certain categories of products are non-returnable for health and safety reasons, including opened food products, perishable items, and personalised or custom-made products. These exclusions will be clearly indicated on the product listing.
Upon approval of a return request, the buyer must return the product in its original condition and packaging. Refunds will be processed to the original payment method within 5–10 business days of receiving the returned item, subject to inspection.
Airy reserves the right to deny return or refund requests that do not meet our policy criteria, or where we reasonably suspect abuse or fraud.
8. Veterinary Services Disclaimer
Airy connects pet parents with licensed veterinarians for online consultations through the Platform. All veterinarians on the Platform are independently licensed professionals and are not employees, agents, or representatives of Airy.
Veterinary consultations provided through the Platform are for general informational and advisory purposes only and do not constitute a definitive veterinary diagnosis or treatment plan. Online consultations are not a substitute for in-person veterinary examinations, diagnostic testing, emergency care, or surgical procedures.
Airy does not practice veterinary medicine. We do not control, supervise, or direct the professional judgement, advice, or opinions of veterinarians on the Platform. Each veterinarian is solely responsible for the advice and services they provide.
In the event of a pet emergency, you should immediately contact your local emergency veterinary clinic or animal hospital. Do not rely solely on online consultations for emergency or life-threatening situations.
By using veterinary services on the Platform, you acknowledge and agree that Airy shall not be liable for any injury, illness, death, or other harm to any animal arising from or related to veterinary advice obtained through the Platform.
9. Intellectual Property
All content on the Platform — including but not limited to the Airy name, logo, trademarks, trade dress, text, graphics, images, software, user interface design, and underlying code — is the property of Airy Technologies Limited or its licensors and is protected by Nigerian and international intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended purposes, subject to these Terms. This licence does not include the right to reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content or materials from the Platform without Airy's prior written consent.
Vendor trademarks, product images, and brand names displayed on the Platform remain the property of their respective owners. Their appearance on the Platform does not grant you any licence or right to use them.
10. User Content & Reviews
The Platform may allow you to submit reviews, ratings, comments, photos, and other content ("User Content"). By submitting User Content, you grant Airy a worldwide, non-exclusive, royalty-free, perpetual, irrevocable licence to use, reproduce, modify, adapt, publish, display, and distribute your User Content in connection with the Platform and Airy's business operations.
You represent and warrant that you own or have the necessary rights to submit your User Content, and that it does not infringe upon or violate the intellectual property rights, privacy rights, or any other rights of any third party.
You agree that your User Content will not contain material that is defamatory, obscene, abusive, threatening, discriminatory, misleading, fraudulent, or otherwise objectionable or in violation of applicable law.
Airy reserves the right to review, moderate, edit, or remove any User Content at our sole discretion, without notice, for any reason, including but not limited to content that violates these Terms or that we deem harmful to the Platform or its users.
11. Prohibited Activities
You agree not to engage in any of the following prohibited activities when using the Platform:
- Using the Platform for any unlawful, fraudulent, or malicious purpose.
- Attempting to gain unauthorised access to any part of the Platform, other user accounts, or systems connected to the Platform.
- Interfering with or disrupting the integrity, security, or performance of the Platform, including through the use of viruses, bots, worms, or other harmful code.
- Scraping, harvesting, or collecting user data or content from the Platform without express written permission.
- Impersonating any person or entity, or falsely representing your affiliation with any person or entity.
- Posting or transmitting spam, unsolicited communications, or promotional materials.
- Circumventing or attempting to circumvent any security, rate-limiting, or access control measures on the Platform.
- Engaging in price manipulation, fake reviews, artificial inflation of ratings, or any other deceptive marketplace practices.
- Using the Platform to sell or distribute counterfeit, stolen, illegal, or dangerous products.
- Harassing, threatening, or abusing other users, vendors, veterinarians, or Airy staff.
- Facilitating or encouraging any of the above activities.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AIRY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM.
Airy's total aggregate liability to you for any and all claims arising out of or relating to these Terms or your use of the Platform shall not exceed the total amount paid by you to Airy in the twelve (12) months immediately preceding the event giving rise to the claim.
Airy does not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components. The Platform is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
13. Indemnification
You agree to indemnify, defend, and hold harmless Airy Technologies Limited, its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:
- Your use of or access to the Platform.
- Your violation of these Terms or any applicable law or regulation.
- Your violation of any rights of a third party, including intellectual property, privacy, or contractual rights.
- Any User Content you submit, post, or transmit through the Platform.
- Any product you sell through the Platform (applicable to vendors).
- Any veterinary advice you provide through the Platform (applicable to veterinarians).
14. Termination
You may terminate your account at any time by contacting us at support@airy.ng or through the account settings on the Platform. Upon termination, your right to access and use the Platform will immediately cease.
Airy may suspend or terminate your account and access to the Platform at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to, violation of these Terms, suspected fraudulent activity, extended periods of inactivity, or requests from law enforcement or government agencies.
Upon termination, all provisions of these Terms that by their nature should survive shall survive, including but not limited to intellectual property provisions, warranty disclaimers, limitation of liability, indemnification obligations, and dispute resolution provisions.
Termination of your account does not relieve you of any obligation to pay any outstanding amounts owed to Airy or to vendors for completed transactions.
15. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law principles.
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall first be submitted to mediation in Lagos, Nigeria. If mediation fails to resolve the dispute within thirty (30) days, either party may submit the dispute to binding arbitration in Lagos in accordance with the Arbitration and Conciliation Act (Cap A18, Laws of the Federation of Nigeria, 2004).
Notwithstanding the foregoing, Airy reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction in Lagos, Nigeria, to protect its intellectual property rights or to prevent irreparable harm.
You agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class action, collective action, or representative proceeding.
16. General Provisions
Entire Agreement: These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Airy with respect to the subject matter hereof and supersede all prior or contemporaneous communications, agreements, and understandings.
Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect.
Waiver: The failure of Airy to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Airy.
Assignment: You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Airy. Airy may assign its rights and obligations under these Terms without restriction.
Force Majeure: Airy shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, power failures, internet disruptions, or civil unrest.
17. Contact Information
If you have any questions, concerns, or complaints regarding these Terms of Service or the Platform, please contact us:
Your Agreement
By using Airy, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety.
Last updated: June 1, 2025
Have Questions?
If you have any questions about these Terms, our policies, or need assistance, we're here to help.
