Terms of Service

Please read this Terms of Service carefully before using this website

Terms of Service

A’awa Symbiotic Limited, is a company that builds web applications for small and medium size businesses mainly focused on the e-commerce market. A’awa Symbiotic Limited owns the FastCart platform, which offers an online store builder solution.

These general terms and conditions shall apply to buyers and sellers on FastCart and shall govern your use of FastCart and related services.

By using our marketplace, you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions, you must not use this platform.

If you use FastCart in the course of a business or other organizational project, then by so doing you:

  • confirm that you have obtained the necessary authority to agree to these general terms and conditions;
  • bind both yourself and the person, company or other legal entity that operates that business or organizational project, to these general terms and conditions; and
  • agree that “you” in these general terms and conditions shall reference both the individual user and the relevant person, company or legal entity unless the context requires otherwise.

 

THESE TERMS AND CONDITIONS APPLY TO ALL FASTCART USERS, INCLUDING, WITHOUT LIMITATION, VISITORS, SUPPLIERS, CUSTOMERS, AND OTHERS NOT SPECIFICALLY IDENTIFIED.

1. YOU

1.1. By agreeing to these Terms and Conditions you declare that you have the legal age, according to your personal law, to give consent and be bound with FastCart Terms and Conditions.

1.2. You accept that FastCart reserves the right to refuse any services for any reason at any time.

1.3. You accept and recognize that FastCart can update, modify or replace any part of these Terms and Conditions and the associated Policies, announcing it on the site, being your responsibility to periodically check the occurrence of any changes.

1.4. Access and continued use of FastCart, after the publication of any updates, modifications or replacements of the Terms and Conditions and the associated Policies, with the exception of the Privacy Policy, it is considered as an acceptance and agreement to these updates, modifications or replacements.

1.5. You acknowledge and accept that if you breach or violate any term in the Terms and Conditions, as determined in the sole discretion of A’awa Symbiotic Limited, will result in an immediate termination of your services.

2. PRIVACY

2.1 FastCart cares for your privacy and the security of your personal information, as you also care for your client’s privacy.

2.2 When FastCart processes personal data in the course of providing the services, FastCart will process the personal data as a data processor, only for the purpose of providing the services in accordance with documented instructions from you (provided that such instructions are commensurate with the functionalities of the services), and as may subsequently be agreed to by you.

2.3 In the course of providing the services, you acknowledge and agree that FastCart may use sub-processors to process the personal data. FastCart’s use of any specific sub-processor to process the personal data must be in compliance with data protection legislation and must be governed by a contract between FastCart and the sub-processor.

2.4 FastCart Privacy details how we process your personal information and process yours Client’s personal information on your behalf.

3. REGISTRATION AND ACCOUNT

3.1 You may not register with our marketplace if you are under 18 years of age (by using our marketplace or agreeing to these general terms and conditions, you warrant and represent to us that you are at least 18 years of age).

3.2 You may register for an account with our marketplace by completing and submitting the registration form on our marketplace.

3.3 You represent and warrant that all information provided in the registration form is complete and accurate.

3.4 If you register for an account with our marketplace, you will be asked to provide an email address/user ID and password and you agree to:

  1. a) keep your password confidential;
  2. b) notify us in writing immediately (using our contact details provided at section 21) if you become aware of any disclosure of your password; and
  3. c) be responsible for any activity on our marketplace arising out of any failure to keep your password confidential, and that you may be held liable for any losses arising out of such a failure.

3.5 Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.

3.6 We may suspend or cancel your account, and/or edit your account details, at any time in our sole discretion and without notice or explanation,

3.7 You may cancel your account on our marketplace by contacting us as provided at section 21.

3.8 You are responsible for your account and any activity that takes place on your account, namely, your business transactions, items being sold and the personal information you collect.

3.9 You are responsible for keeping your password secure. FastCart cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.

3.10 FastCart reserves the right to retrieve a user subdomain aka store i.d and assign you another at anytime.

3.11 If you’re registering as a company, you represent that you have the authority to legally agree and bind that company to the Terms and Conditions on behalf of the business.

3.12 If you are using FastCart, you give A’awa Symbiotic the guaranty that you will comply with all applicable laws relating to online trading applicable to you, and you expressly indemnify A’awa Symbiotic against any and all claims.

3.13 You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your account.

3.14 You must not transmit any worms or viruses or any code of a destructive nature.

3.15 If You infringe someone’s intellectual property rights, You will be violating these Terms and Conditions. We will remove your contents that are infringing such rights, and at the third claim, your account shall be cancelled.

3.16 If your account stays inactive for more than 6 (six) months, your account will be suspended and FastCart will delete your account and all information stored within it.

3.17 These Terms and Conditions do not create any agency, partnership, joint venture, employment or franchisee relationship between You and FastCart.

4. RULES ABOUT YOUR CONTENT

4.1 In these general terms and conditions, “your content” means:

  1. a) all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our marketplace for storage or publication, processing by, or onward transmission; and
  2. b) all communications on the marketplace, including product reviews, feedback and comments.

4.2 Your content, and the use of your content by us in accordance with these general terms and conditions, must be accurate, complete and truthful.

4.3 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet, and must not:

  1. a) be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit;
  2. b) depict violence in an explicit, graphic or gratuitous manner; or
  3. c) be blasphemous, in breach of racial or religious hatred or discrimination legislation;
  4. d) be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;
  5. e) cause annoyance, inconvenience or needless anxiety to any person; or
  6. f) constitute spam.

4.4 Your content must not be illegal or unlawful, infringe any person’s legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content must not infringe or breach:

  1. a) any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;
  2. b) any right of confidence, right of privacy or right under data protection legislation;
  3. c) any contractual obligation owed to any person; or
  4. d) any court order

4.5 You agree not to use the contact information of other users and clients for any purpose other than in relation to a specific transaction or to send marketing materials if you expressly authorized to do so

4.6 Content that You post on FastCart is your responsibility, and A’awa Symbiotic Limited does not make any claim to it. That includes anything You post using FastCart, namely, usernames, shop names, profile pictures, listing photos, listing descriptions, videos and logo’s.

4.7 By setting your pages to be shared publicly, You agree to allow others to view and share your page’s Content.

4.8. You grant FastCart a non-exclusive, worldwide, royalty-free, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content to provide the Services and to promote FastCart, in any formats and through any channels, including across any third-party website or advertising medium.

4.9. FastCart has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content has been posted without permission and the owner of such content wants it removed, such request must be submitted through a written request to contact@FastCart.com

4.10. FastCart does not pre-screen your Content, Notwithstanding, You recognize and accept that FastCart has the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Service.

4.11 You must not use our marketplace to link to any website or web page consisting of or containing material that would, were it posted on our marketplace, breach the provisions of these general terms and conditions

4.12 You must not submit to our marketplace any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

4.13 The review function on the marketplace may be used to facilitate buyer reviews on products. You shall not use the review function or any other form of communication to provide inaccurate, inauthentic or fake reviews.

4.14 You must not interfere with a transaction by: (i) contacting another user to buy or sell an item listed on the marketplace outside of the marketplace; or (ii) communicating with a user involved in an active or completed transaction to warn them away from a particular buyer, seller or item; or (iii) contacting another user with the intent to collect any payments

4.15 You acknowledge that all users of the marketplace are solely responsible for interactions with other users and you shall exercise caution and good judgment in your communication with users. You shall not send them personal information including credit card details.

4.16 FastCart may periodically review your content and we reserve the right to remove any content in our discretion for any reason whatsoever.

4.17 If you learn of any unlawful material or activity on our marketplace, or any material or activity that breaches these general terms and conditions, you may inform FastCart by contacting us at contact@FastCart.com

4.18 You understand that for the technical processing and transmission of the Service, including your Content, may be done through unencrypted processes and involving (a) transmissions over various networks; and, (b) changes to conform and adapt to technical requirements of connecting networks or devices.

5. PRICING

5.1. FastCart reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

5.2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice. Such notice may be provided at any time by posting the changes at the FastCart Website.

5.3. FastCart shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.

6. INTELLECTUAL PROPERTY

6.1. “A’awa Symbiotic Limited and FastCart registered and unregistered trademarks, phrases, logos and designs that FastCart use in connection with his Services, are owned by A’awa Symbiotic Limited and protected by intellectual property laws, and you are not allowed to use or reproduce such trademarks, phrases, logos and designs without by A’awa Symbiotic Limited explicit and written consent. The use of our trademarks, phrases, logos and designs may constitute an infringement of our rights.

6.2. The look and feel of the Service is copyright FastCart, with all rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from A’awa Symbiotic Limited

6.3. You cannot reverse engineer or attempt to obtain the source code of FastCart.

6.4 Subject to the express provisions of these general terms and conditions:

  1. a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
  2. b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
7. Limitation of Liability

7.1 Nothing in these general terms and conditions will:

  1. a) limit any liabilities in any way that is not permitted under applicable law; or
  2. b) exclude any liabilities or statutory rights that may not be excluded under applicable law.

7.2 The limitations and exclusions of liability set out in this section 7 and elsewhere in these general terms and conditions:

  1. a) are subject to section 7.1; and
  2. b) govern all liabilities arising under these general terms and conditions or relating to the subject matter of these general terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these general terms and conditions

7.3 You understand and agree that FastCart shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service, namely:

  1. a) your use of or your inability to use FastCart;
  2. b) pricing, postage or other guidance provided by other Users;
  3. c) delays or disruptions in FastCart;
  4. d) viruses or other malicious software obtained by accessing, or linking to, FastCart;
  5. e) glitches, bugs, errors, or inaccuracies of any kind in FastCart;
  6. f) damage to your equipment derived from the use of FastCart;
  7. g) the content, actions, or inactions of third parties;
  8. h) a suspension or other action taken with respect to your account or breach of these Terms and Conditions.

7.4 In no event shall FastCart or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms and Conditions (however arising including negligence).

7.5 You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

7.6 Your use of FastCart is at your sole risk, being it provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

7.7 Our aggregate liability to you in respect of any contract to provide services to you under these general terms and conditions shall not exceed the total amount paid and payable to us under the contract. Each separate transaction on the marketplace shall constitute a separate contract for the purpose of this section 7.7

7.8 FastCart does not warrant and thus will not be liable for

  1. a) any losses occasioned by any interruption or dysfunction to the website;
  2. b) any losses arising out of any event or events beyond our reasonable control;
  3. c) any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
  4. d) any loss or corruption of any data, database or software; or
  5. e) any special, indirect or consequential loss or damage.

7.9 FastCart accepts that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that FastCart is a limited liability entity; you agree that you will not bring any claim personally against FastCart’s officers or employees in respect of any losses you suffer in connection with the marketplace or these general terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

7.10 FastCart marketplace may include hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. FastCart has no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

8. FASTCART’S ROLE AS A MARKET PLACE

8.1 You acknowledge that:

  1. a) FastCart do not confirm the identity of all marketplace users, check their credit worthiness or bona fides, or otherwise vet them;
  2. b) FastCart do not check, audit or monitor all information contained in listings;
  3. c) FastCart is not party to any contract for the sale or purchase of products advertised on the marketplace;
  4. d) FastCart is not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers and process payments on behalf of sellers;
  5. e) FastCart is not the agent for any buyer or seller

and accordingly, we will not be liable to any person in relation to the offer for sale, sale or purchase of any products advertised on our marketplace; furthermore, FastCart is not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.

8.2 FastCart does not warrant or represent:

  1. a) the completeness or accuracy of the information published on our marketplace;
  2. b) that the material on the marketplace is up to date;
  3. c) that the marketplace will operate without fault; or
  4. d) that the marketplace or any service on the marketplace will remain available.

8.3 FastCart reserves the right to discontinue or alter any or all of our marketplace services, and to stop publishing our marketplace, at any time in our sole discretion without notice or explanation.

8.4 FastCart does not guarantee any commercial results concerning the use of the marketplace.

8.5 To the maximum extent permitted by applicable law and subject to section 7 above, FastCart excludes all representations and warranties relating to the subject matter of these general terms and conditions, our marketplace and the use of our marketplace.

9. WAIVER AND COMPLETE AGREEMENT

9.1 The failure of FastCart to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

9.2 These Terms and Conditions are the entire agreement between You and FastCart, superseding any prior agreements.

10. DATA PRIVACY

10.1 Buyers agree to processing of their personal data in accordance with the terms of FastCart’s Privacy and Cookie Notice.

10.2 FastCart shall process all personal data obtained through the marketplace and related services in accordance with the terms of our Privacy and Cookie Notice and Privacy Policy.

10.3 Sellers shall be directly responsible to buyers for any misuse of their personal data and FastCart shall bear no liability to buyers in respect of any misuse by sellers of their personal data.

11. DUE DILIGENCE AND AUDIT RIGHTS

11.1 We operate an anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the marketplace.

11.2 You agree to provide to us all such information, documentation and access to your business premises as we may require:

  1. a) in order to verify your adherence to, and performance of, your obligations under this Agreement;
  2. b) for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or
  3. c) as otherwise required by law or applicable regulation
12. BREACH OF TERMS AND CONDITION

12.1 If you breach these general terms and conditions, or if we reasonably suspect that you have breached these general terms and conditions or any FastCart codes, policies or guidelines in any way we may:

  1. a) temporarily suspend your access to our marketplace;
  2. b) permanently prohibit you from accessing our marketplace;
  3. c) block computers using your IP address from accessing our marketplace;
  4. d) contact any or all of your internet service providers and request that they block your access to our marketplace;
  5. e) suspend or delete your account on our marketplace; and/or
  6. f) commence legal action against you, whether for breach of contract or otherwise.

12.2 Where FastCart suspend, prohibit or block your access to our marketplace or a part of our marketplace you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

13. TERMINATION

13.1 FastCart may terminate this agreement immediately in case of any violation of section 4

13.2 You may terminate this agreement by cancelling your account at anytime in your user’s area.

13.3 Upon termination by either party for any reason you accept that:

  1. a) A’awa Symbiotic Limited will stop providing you with access to FastCart;
  2. b) All of your content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your store is deleted;
  3. c) Any outstanding balance owed to FastCart through the effective date of such termination will immediately become due and payable in full; and
  4. d) your store will be taken offline.

13.4 Any outstanding Fees owed by you, will be sent by email.

14. INDEMNIFICATION

14.1 You hereby indemnify us, and undertake to keep us indemnified, against:

  1. a) any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our marketplace or any breach by you of any provision of these general terms and conditions or the FastCart’s codes, policies or guidelines; and
  2. b) any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our marketplace, where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction.

14.2 You accept that FastCart reserves the right to handle its defence however and you agree to fully cooperate with FastCart on such defence.

15. ENTIRE AGREEMENT

These general terms and conditions and the FastCart codes, policies and guidelines (and in respect of sellers the seller terms and conditions) shall constitute the entire agreement between you and us in relation to your use of our marketplace and shall supersede all previous agreements between you and us in relation to your use of our marketplace

16. VARIATION

16.1 We may revise these general terms and conditions, the seller terms and conditions, and the FastCart codes, policies and guidelines from time to time.

16.2 The revised general terms and conditions shall apply from the date of publication on the marketplace.

17. SEVERABILITY

17.1 If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

17.2 If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

18.THIRD PARTY RIGHTS

18.1 A contract under these general terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party

18.2 The exercise of the parties’ rights under a contract under these general terms and conditions is not subject to the consent of any third party

19. FORCE MAJEURE.

Neither A’awa Symbiotic Limited, FastCart nor any of its affiliates will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond its reasonable control, including, but not limited to, acts of God, labour disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

20. LAW AND JURISDICTION

20.1 These general terms and conditions shall be governed by and construed in accordance with the laws of the territory.

20.2 Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the territory.

 

Last Reviewed on July 07, 2021.

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