Buy Sell Fast Inc. ("BuySellFast") provides its e-commerce site (the “Site”) and marketplace services (the “Services”) to you subject to the following terms and conditions of use (the "Agreement").
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. YOU SHOULD REVIEW THIS AGREEMENT, AS MODIFIED OR AMENDED FROM TIME TO TIME, AS IT IS A BINDING CONTRACT BETWEEN BuySellFast ("WE" OR "US") AND YOU ("YOU" OR "USER" OR “BUYER” OR “SELLER”).
This Agreement applies to your use of our sites, including www.letsgrabnow.com and (referred to individually and collectively as the "Site") and marketplace services (the “Services”), and governs any and all transactions (sales and/or purchases) made by you on the Site.
Use of the Site and Services is limited to parties that lawfully can enter into and form contracts under applicable law. Minors (defined as anyone under the age of 18 years old) are not allowed to use the Site or Services. 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 country in which your business is registered and that you are registering for the Site and Services within such country; and (b) you have all requisite rights, power and authority to enter into this Agreement and perform your obligations hereunder.
2. SELLING ON THE SITE
As a Seller, you may list any item on the Site unless it is a prohibited item as prohibited by applicable law. Without limitation, you may not list any item or link or post any related 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 responsibility of the Seller to accurately describe the item for sale. As a Seller, you use the Site and the Services entirely at your own risk.
3. SHOPPING ON THE SITE
As a Buyer, you are allowed to buy items that have been listed on the Site by Sellers. You are responsible for assuring that all item(s) listed in any purchase order placed by you can be lawfully imported to your country. You are responsible for knowing the rules and restrictions of your country before ordering any items from the Site. You are responsible for providing the payment of all taxes and customs rights for the customs clearance of the freight/package in the country of destination of the order placed by you, and you are responsible for arranging for the clearance of the items with customs and payment of the applicable taxes. We are not responsible for merchandise loss due to customs seizure and will not refund you for any order that is seized by the customs of your country. As a Buyer, you use the Site and the Services entirely at your own risk.
4. RESERVATION OF RIGHTS
BuySellFast reserves the right to charge a subscription fee and/or other types of fees to activate certain features of the Site and Services, and may set or change the price at its sole discretion. BuySellFast reserves 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 Services 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 a Seller not to list, any or all items at our sole discretion. BuySellFast may also, at our sole discretion, withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any transaction. We will refund any Buyer (in accordance with this Agreement) that has been charged for an order that we stop or cancel.
5. EMPLOYEES OF BUYSELLFAST
Employees of BuySellFast and any of its affiliates are permitted to participate in their personal capacity (i.e., not as BuySellFast employees, representatives, or agents of BuySellFast or its affiliates) in the transactions conducted through the Site (unless they have confidential information about a particular item). Employees of BuySellFast and any of its affiliates, when participating in any transaction in their personal capacity, are subject to this Agreement.
6. PASSWORD SECURITY
Your password may be used only to access the Site and use the Services. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account), and you are solely responsible for any use of or action taken on the Site using your password. If your password is compromised, you must change your password.
7. COMPLIANCE WITH APPLICABLE LAWS
The Site and Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not impersonate any user or use another user's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and BuySellFast will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
BuySellFast has the right, but not the obligation, to monitor any activity and content associated with the Site and investigate as we deem appropriate. BuySellFast may also 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. BuySellFast reserves the right and has absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable.
9. DISCLOSURE OF INFORMATION
BuySellFast 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, protect BuySellFast's systems and customers, and/or ensure the integrity and operation of BuySellFast's business and systems, BuySellFast 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.
10. JURISDICTION AND GOVERNING LAW
The Site and Services are controlled and operated by Buy Sell Fast Inc. Its offices are located in Ottawa, Ontario, Canada. If you choose to use the Site and Services from another location, you are responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement, and your use of the Site and the Services, shall be governed by and construed in accordance with the laws in force in the Province of Ontario and the federal laws of Canada, without reference to any choice of law or conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement or any communication with or transaction through the Site or Services. Any disputes or claims arising out of or related to this Agreement or your use of the Site or Services shall be submitted to binding arbitration pursuant to the Arbitration Act 1991 (Ontario) or any successor legislation. Arbitration of all matters will be determined by a single arbitrator acceptable to both parties, acting reasonably, and all such arbitration proceedings shall be held exclusively in Ottawa, Ontario. Any claim or cause of action that you may have with respect to your use of the Site or Services must be commenced within one (1) year after the claim or cause of action arises.
11. YOUR GRANT
By entering into this Agreement and listing one or more items, you grant BuySellFast 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 BuySellFast 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 items 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 item 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 our 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 BuySellFast and its affiliates, and that the use of such materials by BuySellFast and its affiliates will not infringe upon or violate the rights of any third party.
12. ELECTRONIC COMMUNICATIONS
BuySellFast may communicate with you regarding the services we provide by electronic communications, including sending electronic mail to the email address you provided during registration; posting notices or communications on the Site and communicating with you via authorized third parties. You agree that we may communicate with you by means of electronic communications regarding this Agreement, notice or disclosures regarding the Site or Services, and/or any other matter relating to your use of the Site or Services.
13. TERMINATION AND EFFECT OF TERMINATION
You agree that BuySellFast may at any time without notice or cause refuse service, terminate any rights granted herein, terminate accounts and/or cancel orders or portions thereof in its sole discretion, including, without limitation, if BuySellFast determines that any Buyer or Seller conduct violates applicable law or is harmful to the interests of BuySellFast or the Site. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records. You will still be liable for any breaches of this Agreement and/or obligations incurred before the Agreement ends.
14. INDEMNITY AND LIMITATION OF LIABILITY
As a condition of your access to and use of the Site and Services, you agree to hold BuySellFast, the Site and our subsidiaries, affiliates, partners, and parent companies, and all other corporations into which it merges or to whom it is otherwise acquired or sold, in whole or in part, its officers, directors, employees, agents, attorneys, partners, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Site and Services and the content therein; and/or (ii) your violation of this Agreement, and any applicable law or the rights of another person or party.
a. Indemnity and Defense
You will defend, indemnify and hold harmless BuySellFast 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.
b. Limitation of Liability
BuySellFast 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 THE PARTICIPATION 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.
15. DISCLAIMER OF WARRANTIES
Your use of the Site and Services is at your own risk. The Site and Services, and any content, information, materials, provided on or through the Site or Services, are provided "as is" without any warranties of any kind including non-infringement of intellectual property. Neither Buy Sell Fast Inc. (“BuySellFast”) nor any of its respective affiliates makes any representations or warrants (whether express or implied), with respect to the accuracy or completeness of the Site or Services or the information, content, materials, products or services provided on or through the Site or Services. The information, materials and services provided on or through the Site or Services may be out of date, and neither BuySellFast nor any of its respective affiliates makes any commitment or assumes any duty to update such information, materials or services. Except as otherwise provided under applicable laws, neither BuySellFast nor any of its respective affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of the Site or Services or any other website linked to the Site. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if BuySellFast and/or it affiliates are notified in advance of the potential for any such damages.
16. GENERAL PROVISIONS
a. Entire Agreement
b. No Agency
Third-Party Beneficiary. BuySellFast is not the agent, fiduciary, trustee, or other representative of you. Nothing expressed, mentioned, or implied in 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 BuySellFast, 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
BuySellFast will not be considered to have waived any of our rights or remedies described in this Agreement unless the waiver is in writing and signed by a lawful representative of BuySellFast. No delay or omission by us in exercising our 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. The failure of BuySellFast to enforce the strict performance of any provision of this Agreement will not constitute a waiver of BuySellFast's right to subsequently enforce such provision or any other provisions of this Agreement.
e. Contact Information
If you have any questions or concerns regarding this Agreement, you can contact BuySellFast at firstname.lastname@example.org.