Seller Terms & Conditions
This Agreement governs your use of the Site, including all of its content and its services. To access the Site and or use the Services to sell goods or services (collectively “Products”); you must accept the following terms and conditions of this Agreement.
2.2. Seller Identity
2.3. Participation Fee
2.6. Community Features
2.7. Monthly Statements
8. Seller Taxes
10. Account Security
11. Illegal Activity
13. No Warranties
14. General Release
17. You’re Grant
20.1. Entire Agreement
20.2. No Agency
20.4. No Wavier
You must be legally capable of entering into contracts and assuming contractual obligations to use the Site and the Services. Minors are not allowed to use the Site or the Services. During registration, you must provide your real name, address, phone number, e-mail address, your correct/legal age, and any other required information and data. You represent and warrant that: (a) if you are a business, you are duly organized, validly existing and in good standing under the laws of the State in which your business is registered and that you are registering for the Services within such State; (b) you have all requisite right, power and authority to enter into this Agreement and perform your obligations hereunder; and (c) you are currently in compliance with all applicable laws and regulations, and applicable license requirements, including, but not limited to, food, drug or medicine, cosmetics, and farm goods and other which is not necessary to provide the license requirements, and will immediately terminate your use of the Site if at any time you fail to comply with an applicable law or regulation.
The fees described in this section that are in effect on the date a Product is sold shall govern the transaction. All fees are payable upon demand via a form of payment accepted by FASTMALL. By accepting the terms of this Agreement and listing Products for sale on the Site, you authorize FASTMALL to immediately and automatically charge your payment account when a sale is made for the amount you owe as described in the Membership and Listing Fees (2.a). In the event that FASTMALL is unable to receive any important information or notification from you, your account may be disabled and an additional fee may apply for re-installing your membership (if not free).
FAST MALL may offer various memberships options, some of which may or may not charge a fee to list your Products on the Site. Some memberships and services may be offered exclusively in collaboration with groups of local businesses. Membership fees and applicable Listing fees can be found on seller’s registration page at Site. FASTMALL reserves the right to change these fees anytime in the future. In such an event, if it impacts your current membership, you will be given advance notice, and the option to terminate your participation.
FASTMALL offers each registered seller a unique identity on fastmall.pk as part of the membership package. If Seller/Vendor wish to change its front end design then vendor administrator have to informed FAST MALL via email or phone call for further requirements. Separate cost will be charged from seller’s account automatically after the design confirmation by the seller.
There's no Participation fee to sell Products on the Site, However If it applies in future then seller/vendor must agree to pay for the fee (if applies based on item quantity).
A Participation Fee may apply on all orders received by Sellers, including orders that were cancelled, failed, or declined or else as of the last day of the month the order was received. A Participation fee may also include Buyer License Fee based corresponding to buyer licenses or login accounts desired by the Seller. Participation fee may increase or decrease by the FASTMALL anytime and company (“FASTMALL”) have the rights to remove it also for further needs.
The Participation Fee may be composed of any combination of a Percentage Fee, a Transaction Fee, and Buyer License Fee. The Percentage Fee equals a Product Rate multiplied by the order total price of the Product, including shipping, handling, and any additional overhead charges, but not including any applicable taxes which will be paid by the company to courier or Govt. The Transaction Fee equals a Fixed Price per order that is accessed to each Seller with products included in the order.
For example, if a given order includes products from two Sellers, Seller 1 and Seller 2, both Seller 1 and Seller 2 will incur a Transaction fee. The Buyer License Fee varies depending on the number of Buyer accounts desired by the Seller, The latest applicable online transaction fees for FASTMALL use can be found from “www.FASTMALL.pk” Site All listed Membership Fees and Participation Fees are for reference and each Seller may be accommodated under a fee structure unique to the Seller.
Fast Mall may use these services to receive payments on the Site for sale of their products. Many online payments may be administered using a third party application, which may include, but are not limited to, Amazon's Payment Services, Authorize.Net, Cash on Delivery, Easy paisa / Easy pay, Jazz cash, U-Paisa, Online Bank Transfer, ATM Transfer or else. Fast Mall may add payment method to the Site on the request of Seller for online transaction and it may be charged separate cost by the Company. Unless otherwise specified in this document, online payments administered through third party applications are subject to any Terms and Conditions, which may include any of the third party application provider's dispute resolution policies, associated with the corresponding third party application.
Sellers have the option of selling Products locally, payable upon receipt of the Products by the Buyer, also referred to on the Site as Cash-On-Delivery or a COD transaction. To sell Products on the Site via Cash-On-Delivery transactions, depending on the membership option, a flat or percentage discussed between the company (“FASTMALL”) and Seller / Vendor (“You”). If Seller (You) wish to apply Free Shipping on its products then after the successful transaction with the buyer, all the shipping cost including Taxes figured by the courier services will be paid by the seller to the company (“FASTMALL”) discussed at the time of agreement completion.
Communities, groups, or organizations may create a Community that includes members of the associated community, group, or organization who have Fast Mall accounts. Administration of Fast Mall Community and associated memberships is done by the company through collaboration with one or more representatives from the community, group, or organization.
Sellers may optionally be included as a member of a Fast Mall Community. To become a member of a the community, the seller must be validated as a member by the representative of that community as a professional seller. In some cases, seller membership for the Community may be denied by the representative. Accordingly, Company (Fast Mall) makes no warranties or guarantees as to the accuracy of information relating to Communities, and shall not be held liable for any inaccuracy of such information provided on the Site. A Seller's membership in a community, group, or organization does not guarantee that the Seller is or will be included in the associated community by the Fast Mall. Further, Company shall not be held liable for harm resulting from community member registries differing from those of associated communities, groups, or organizations.
Seller's Community Mailing Address: Seller guarantees that any provided address, is valid, accurate, complete, and their own. Seller consents to the Site displaying or depicting any address they provide, including their "Ship to" address. This consent extends to, but is not limited to, textual depictions and graphical depictions on a third party map application, such as Google Maps. Seller further consents to communicating any provided address to third party applications used on the Site.
Monthly statements may either be emailed or made available to sellers from within their seller account on the Site. Monthly statements will list totally free of cost owed by the Seller to Fast Mall; such fees may include Membership, Service, and Participation Fees owed to Company, and will not include any transaction charges imposed by third party payment provider.
Seller may cancel orders for any reason in accordance to the Seller’s own independent Returns Policy and Terms and Conditions. FASTMALL retains the right to cancel orders in cases where it deems appropriate to do so due to service disruptions or other circumstances out of FASTMALL's control. Any cancellation of order through FASTMALL only cancels the status on FASTMALL; Seller is responsible for any other steps required to cancel orders on any third party applications. Seller is requested to contact with FASTMALL for the order cancellation if seller is not able to take action before order dispatch.
NOTE: SELLER IS RESPONSIBLE TO CONFIRM THE ORDER BEFORE SENDING TO FAST MALL FOR DISPATCH TO BUYER’S ADDRESS. IF FAST MALL FOUND ANY INVALID ACTIVITY BY THE SELLER WHICH CAN BE HARM TO WEBSITE (“FASTMALL.PK”) POLICIES, THE SHIPPING AMOUNT WILL BE DEDUCTED FROM THE SELLER ACCOUNT AND THE STORE WILL BE DISABLED FOR THE NEXT 7 DAYS TO CLEAR THE ISSUES WITH THE COMPANY AUTHORITIES.
Fast Mall is not responsible for any damage or loss resulting from a disruption in service, including any disruption that results from a disruption in an Internet Service Provider's service or from the Site being hacked or compromised in any way. FASTMALL shall not provide any compensation as a result of any disruption, and has sole discretion in reimbursing resulting damages. FASTMALL is not responsible for lost sales that may have occurred during any disruption in service. If seller found Site not working or any problem while surfing the site please contact to FASTMALL authority for further information and Site workout.
You are required to abide by FASTMALL’s Procedures for Conducting Sales on the Site (the “Procedures”), which are incorporated by reference into, and made part of, this Agreement. The Procedures dictate required transactions processes and set out acceptable conduct and prohibited practices. FASTMALL reserves the right to change these procedures and guidelines at any time, and such changes will be effective immediately upon posting the amended Procedures with or without notice to you. It is your responsibility to regularly refer to, understand, and abide by the Procedures.
As a requirement for acceptance by FASTMALL and for ongoing use of the Site, Sellers must maintain all licenses required by law to sell a given Product, and make available such licenses for inspection by Buyers and by FASTMALL, when requested. Further, Sellers must maintain a return policy as applicable, for use of the Site and the Services offered to Buyers.
It is fully understood and agreed by Sellers that they are entirely responsible for all their actions while using the Site and performing any activity on the Site. If Sellers make any mistakes on the Site that cause any monetary or other kinds of losses to the Sellers, FASTMALL shall not be held liable for such losses and only the Sellers shall be liable for such losses.
Seller agrees that FASTMALL may place limits to Seller's use of the Site prior to the Seller's participation in a Seller Training program selected by FASTMALL. Seller may receive training from third party organizations certified by FASTMALL's approval, or by online courses hosted by FASTMALL. FASTMALL has sole discretion in approving alternate forms of training. Such limitations may include a failure to display seller in the Site's default search results.
a. FASTMALL may terminate service to Seller at any time for non-payment of fees, Seller's communication of inaccurate or invalid information, or inactivity, without any prior notification, unless this document explicitly directs otherwise. FASTMALL may disable Seller accounts that are registered under free membership on the Site upon 30 days of inactivity, even if Seller's information is accurate and valid, the product information is accurate and valid, and both the Seller and posting comply with the requirements of this and any other agreement between Seller and FASTMALL. If Seller is a paid member on the Site, FASTMALL will only terminate access for Seller or remove Seller's postings upon violating the terms of this or any other agreement between Seller and FASTMALL.
FASTMALL may offer a paid membership to Seller if Seller is a member of a FASTMALL Community. Paid members may be offered access to privileged pages, services, or features on the Site, that are typically restricted under any free membership. Such privileged pages, services, or features may include calendar features and opportunities to offer coupons, adding their own terms and conditions, adding its own return policies to the Product section.
Sellers may hire a third party manager to manage their storefront on the Site only if the third party manager is certified by FASTMALL to manage third party storefronts. FASTMALL will in its sole discretion determine if an individual is eligible for certification to manage third party storefronts.
FASTMALL is not responsible and makes no representations as to the validity of any information provided by Buyers or Sellers. FASTMALL does not necessarily agree with any information posted by Buyers and Sellers.
The Site may, at time, be unavailable to buyers. FASTMALL shall not be liable for any harm to Seller occurring in connection with such unavailability, including lost sales. Unavailability may occur, for example, as a result of maintenance, hardware and/or software upgrades, security measures, or other reasons at the discretion of FASTMALL. The duration of such unavailability may be any length, but may, in many cases, last a few minutes to two hours. FASTMALL is not required to give any notice of unavailability, but FASTMALL may, at their discretion, give advance notice of unavailability when they able. FASTMALL will attempt to schedule any planned downtime during off peak hours between 12:00 am and 4 am Pacific Time.
4. FASTMALL’s Role.
FASTMALL provides an online software platform for third-party sellers ("Sellers") and buyers ("Buyers") to negotiate and complete transactions for the sale of goods and services that are not prohibited by the Procedures. Further, FASTMALL is not the agent of either Sellers or Buyers. Moreover, FASTMALL has complete authority to handle the transactions with regards to either Buyers or Sellers for any purpose.
Sellers may only offer to sell Products on the Site that are lawful and not prohibited to be offered for sale by the Procedures. Under no circumstances may you offer to sell Products or make use on the Site of material that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent. It is the Seller’s responsibility to accurately describe the Products it is offering to sell. As a Seller, you agree to use the Site and the Services at your own responsibility.
It is advised to seller to not share its personal data about its account to anyone.
Seller understands that the accuracy of listings on the Site may be dependent on third party utilities whose functionality may be out of FASTMALL's control. Unless explicitly expressed elsewhere in this agreement or another agreement between Seller and FASTMALL, Seller agrees that FASTMALL makes no representation as to the validity and operation of any third party utilities used on which the Site depends, and FASTMALL shall not be held liable for any harm resulting from their operation, malfunction, or non-availability. FASTMALL will make every attempt to keep all functionality with third party applications to be up to date. However irrespective of the reasons for the non-functionality, FASTMALL will not be held responsible.
All map functionality is at least partially dependent on Google Maps, individual Buyers, or individual Sellers. FASTMALL makes no representations or warranties as to the veracity or availability of the map functionality of the Site. Accordingly, FASTMALL makes no representations about the accuracy of driving distance, location, driving time, range calculations, or other data provided on the site dependent on Google Maps, and FASTMALL shall not be held liable for any harm resulting from inaccuracy or non-availability of this data.
In order to receive online payments and sell items on the site, you must register with FASTMALL as a seller and use the FASTMALL payment services (the "payment service"), administered by a third party payment applications or local payment methods. Available payment options may include any payment option available from the third party payment application
a. The Payment Service facilitates the online purchase of Products offered for sale by Seller on the Site. A Buyer's authorized payment ("Payment Transaction") is directly credited into the FASTMALL Account at the Payment Application's website as per any rules, terms, or conditions of the Payment Application. FASTMALL will deduct the commission from seller’s account automatically based on the total cost of the product price calculated at Shopping Cart Page without shipping charges.
Seller must register online with FASTMALL to use the Payment Service and must provide FASTMALL with true and accurate information when registering and must maintain and update that information as applicable. Seller will not impersonate any person or use a name he or she is not legally authorized to use. Seller authorizes FASTMALL to verify his or her information (including any updated information), to obtain credit reports about Seller in order to approve Seller for use of the Site and also from time to time while Seller is registered.
The Payment Service is available only to individuals and others who meet eligibility conditions specified by FASTMALL and whose applications are acceptable to FASTMALL. Sellers waive any rights with respect to the Payment Service when shipping to an address other than that supported by the Payment Service.
Seller may request to FASTMALL to provide refunds or adjustments to Buyers for their Site purchases through any functionality FASTMALL enables for your account, or by alternate means not supported by the company. Company may modify or discontinue this functionality at any time without notice. The functionality is subject to the limitations in the terms of this Agreement.
As a security measure, FASTMALL may, but is not required to, impose limits on some or all Buyers and Sellers relating to the total number of items in an order, value of any transaction, disbursement, or adjustment, the cumulative value of all transactions, disbursements, or adjustments during a period of time, or the number of transactions per day or other period of time.
FASTMALL shall not be liable to Seller for: (i) not proceeding with a transaction, disbursement, or adjustment that would exceed any limit established by FASTMALL for a security reason, or (ii) permitting a Buyer to withdraw from a transaction because the Payment Service is unavailable following the commencement of a transaction.
All notices will be sent by e-mail or will be posted on the Site or by any other means then specified by FASTMALL. FASTMALL will send notices to Seller at the e-mail address maintained in FASTMALL records for Seller. Seller will monitor his or her e-mail messages frequently to ensure awareness of any notices sent by FASTMALL. Seller will send replies to us using the functionality for contacting FASTMALL provided in the Procedures.
There is no fee imposed by FASTMALL for registering for the Payment Service through Authorized.Net or Cash or Cheque or Online Transaction from seller. FASTMALL will bear full responsibility to work directly with Banks, Courier services, and Postage Facilities for any such reversals of transaction fees.
FASTMALL may obtain reimbursement of any amounts owed by Seller to FASTMALL by seeking such reimbursement from Seller by any lawful means. You authorize FASTMALL to use any lawful method to obtain reimbursement.
i. Seller may terminate his or her participation in the Payment Service at any time by informing FASTMALL using an approved method and FASTMALL may terminate Seller's participation in the Payment Service at any time without notice to Seller. Upon termination, Seller must pay FASTMALL all fees incurred prior to the effective date of the termination, and any pending transactions will be canceled. Seller will be fully responsible for all those transactions which are not associated with FASTMALL. For example if any buyer wishes to buy product from any seller except from FASTMALL Site then all the transaction will be beard by the Seller and FASTMALL will not provide any facility or services for seller’s personal trade with the buyer.
FASTMALL retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and the Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to de-list, or to require Seller not to list, any or all products in its sole discretion. FASTMALL may in its sole discretion with hold to investigate, refuse to process, restrict shipping destinations for, stop and/or cancel any of your transactions. Seller's account may be suspended at any time for posting any inaccurate, illegal, abusive, or negative content on the Site, including reviews, private communications, or comments. You agree to immediately stop and/or cancel orders of your Products when instructed to do so by FASTMALL. If you have already transferred your Products to a carrier or shipper before receiving instructions to stop the transaction, you must use commercially reasonable efforts to stop and/or cancel delivery by such carrier or shipper.
Employees of FASTMALL and its affiliates are permitted to participate in their personal capacity (i.e., not as FASTMALL employees, representatives, or agents of FASTMALL or its affiliates) in the transactions conducted through this Site (unless they have confidential information about a particular item). Employees of FASTMALL and its affiliates, when participating in any transaction in their personal capacity, are subject to this Agreement and the Procedures as any Buyer or Seller on this Site.
Seller is expressly responsible for determining whether Seller Taxes apply to the transactions and to collect, report, and remit the correct Seller Taxes to the appropriate tax authority. FASTMALL is not obligated to determine whether Seller Taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction. "Seller Taxes" means any and all sales, goods and services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through the Site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.
All of your Products selling on site, you will provide your customer return and refund policies and accept and process returns, refunds and adjustments relating to your products in accordance with this Agreement and the policies at the time of the applicable order. Seller will be responsible to take the product back and pay the shipping charges to the FASTMALL of any returning product which do not meet with the described information on website or after telephonic conversation with the buyer and send used product or low quality product which was refused by the customer or due to any fault or wrong trade by the seller. You as Seller agreed to receive its product back and will be responsible to pay the shipping charges to the company which will be deducted automatically from seller’s account.
In any event, at a minimum, your return and refund policies will be at least as favorable as any then-current refund policies published on the Site, and applicable to products sold via the Site.
Your login account may be used to access the various functions provided by the Site. You are solely responsible for maintaining the security of your password. You may not disclose your password to any unauthorized third party and are solely responsible for any use of or action taken under your account on this Site. If your password is compromised, you must change your password immediately and notify FASTMALL of the incident.
The Site and Services may be used only for lawful purposes and in lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name or provide any other false data. You may not impersonate any participant or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and FASTMALL will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
FASTMALL has the right, but not the obligation, to monitor any activity and content associated with this Site and investigate as it deems appropriate. FASTMALL also may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Site, including listings. FASTMALL reserves the right and has absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable.
FASTMALL also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect FASTMALL’s systems and customers, or to ensure the integrity and operation of FASTMALL’s business and systems, FASTMALL may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted content.
12. Privacy; use of FASTMALL Transaction Information.
Seller is responsible for reading and accepting the terms of FASTMALL’s Privacy Notice published on The Site, which is subject to change without notice. You should check the Privacy Notice frequently for changes. FASTMALL and its affiliates may communicate with you in connection with your listings, sales, and the Services, electronically and in other media, and you consent to such communications regardless of any "Customer Communication Preferences" (or similar preferences or requests) you may have indicated on the Site or by any other means. When you use the Services, some personally identifiable information about you, including your feedback and the e-mail address associated with your account, may be displayed on the Site and may be viewed by potential buyers.
You will not, and will cause your affiliates not to, directly or indirectly disclose, convey or use any order information or other data or information acquired by you or your affiliates from FASTMALL or its affiliates (or otherwise) as a result of this Agreement, the transactions contemplated hereby or the parties' performance hereunder (collectively, "FASTMALL Transaction Information"), except you may disclose this information as necessary for you to perform your obligations under this Agreement, provided that you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information. The terms of this Section 14(b) do not prevent you from using other information that you obtain separately from the FASTMALL Transaction Information, even if such information is identical to FASTMALL Transaction Information, provided that you do not target communications on the basis of the intended recipient being a Site user.
13. No Warranties.
THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. FASTMALL MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR;
THAT THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF SALE, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED;
ANY GUARANTEE OR WARRANTY AS TO THE VERACITY OF ANY USER GENERATED CONTENT, INCLUDING ANY USER INFORMATION ABOUT BUYERS OR SELLERS, AND ANY INFORMATION ENTERED BY BUYERS OR SELLERS.
ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF FASTMALL. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FASTMALL DISCLAIMS ANY AND ALL SUCH WARRANTIES.
General Release. BECAUSE FASTMALL IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH PARTICIPANT RELEASES THE FASTMALL (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. SELLER IS RESPONSIBLE TO PROVIDE THE CLAIM SERVICES TO ITS BUYER IF PROVIDE WARRANTY OR SUCH INFORMATION ON SITE.
Indemnity and Defense. You will defend, indemnify and hold harmless FASTMALL and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.
Limitation of Liability. The FASTMALL Will Not Be Liable For Any Damages Of Any Kind, Including Without Limitation Direct, Indirect, Incidental, Punitive, And Consequential Damages, Arising Out Of Or In Connection With This Agreement, The Site, The Services, The Inability To Use The Services, Or Those Resulting From Any Goods Or Services Purchased Or Obtained Or Messages Received Or Transactions Entered Into Through The Services.
Because FASTMALL is not the agent of either Seller or Buyer for any purpose, FASTMALL will not act as either party's agent in connection with resolving any disputes between participants related to or arising out of any transaction. FASTMALL urges Sellers to cooperate with company member on immediate bases and provide the solution resolve the disputes or problems of the buyer’s.
By entering into this Agreement and listing an item, you grant FASTMALL a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of the content you submit to FASTMALL and its affiliates, and to sublicense the foregoing rights to our affiliates and operators of any website or other online point of presence (other than the Site) through which the Site and/or products or services available thereon are syndicated, offered, merchandised, advertised or described; provided, however, that we will not alter any of your trademarks (i.e., trademarks of yours that you provide to us in non-text form for branding purposes that are separate from and not embedded or otherwise incorporated in any product specific information or materials) from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of your trademarks (provided you are unable to do so using standard functionality made available to you via the Site or Services); provided further, however, that nothing in this Agreement will prevent or impair FASTMALL’s right to use without your consent the content and any other materials provided by you, to the extent that such use is allowable without a license from you or your affiliates under applicable law (e.g., fair use under copyright law, referential use under trademark law, or valid license from a third party). You represent and warrant that you own or otherwise control all of the rights to the content you submit to FASTMALL and its affiliates, and that the use of such materials by FASTMALL and its affiliates will not infringe upon or violate the rights of any third party.
FASTMALL, in its sole discretion, may terminate this Agreement, access to the Site or the Services, or any current transaction immediately without notice for any reason. FASTMALL, in its sole discretion, also may prohibit any Seller from listing Products on the Site.
By utilizing the Site or the Services and the benefits they provide, you agree to not compete with FASTMALL’s business model, which includes, but is not limited to, the Site and the Services in or around any locality in which FASTMALL is operating its business model.
This Agreement, including any terms and conditions incorporated herein by reference, and the general terms and conditions of the Site, including but not limited to the Privacy Notice and Procedures, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
Third-Party Beneficiary. FASTMALL is not the agent, fiduciary, trustee, or other representative of you or your company. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of FASTMALL, you, and relying Buyers or Sellers.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
d. No Waiver.
FASTMALL’s waiver of any of its rights or remedies described in this Agreement, if any, shall be effective only if the waiver is in a signed writing. No delay or omission by FASTMALL in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. FASTMALL’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of FASTMALL’s right to subsequently enforce such provision or any other provisions of this Agreement.