GENERAL TERMS OF USE

GetFast E-Marketplace

About Us
  1. General

    1. This General Terms of Use (‘Terms’) is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
    2. This legally binding document is published as the rules and regulations, terms and conditions or user agreement for access or usage of www.getfastdeal.com in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011.
    3. We, GetFast Cyber Shop Private Limited (OPC), registered under the Indian Companies Act, 2013, (hereinafter referred to as “GetFast”) and having its registered office at Sinha’s Oasis, East of Sri Hari Apartment, At the end of Road No. 10, East Patel Nagar, Patna-800023, Bihar, India (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns) conduct our business using the domain name www.getfastdeal.com (hereinafter “Website”).
    4. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by You to interpret the provisions contained herein in any manner. Further, the headings have no legal or contractual value.
    5. We reserve the right to amend or make additions to these Terms from time to time as we deem fit, without any intimation to You. You are therefore advised to re-read the Terms on a regular basis before using the Website.
  2. DEFINITIONS

    1. We’, ‘Our’, ‘Us’ shall mean and refer to GetFast, the creators of these Terms.
    2. You’, ‘Your’, Yourself, User’ shall mean and refer to any natural or legal person or persons individually or collectively, depending on the context, who use the Website as ‘Buyer’ or ‘Seller’ or ‘Advertiser’ or ‘Affiliate’ or otherwise, howsoever.
    3. Party’ & ‘Parties’ shall respectively be used to refer to the User and GetFast individually and collectively, as the context so requires.
    4. Buyer’ shall mean and refer to any natural or legal person or persons accessing or using the services provided on the Website for online purchase of any of the Product or services offered for sale on the Website.
    5. Seller’ shall mean and refer to natural or legal person or persons, accessing or using the services provided on the Website to offer its Product or services for online sale through the Website.
    6. Product’ shall mean and refer to goods, materials, items and services displayed on the Website to buy, sell, advertise, distribute or otherwise deal in or avail.
    7. Third Party’ refers to any website, GetFast or individual apart from the User and GetFast.
  3. Service Overview

    The Website is an online platform which provides User with a marketplace where User can buy, sell, advertise, distribute or otherwise deal in or avail all kinds of goods, materials and items including but not limited to person/ premises/ vehicle security goods, consumer durables, consumer electronics, FMCG goods, related services. The Website is also a platform where User can gain online access to buy, sell, advertise, distribute or otherwise deal in or avail other services including but not limited to security and business vigilance related consultancy services, general consultancy services to get help and guidance to overcome procedural wrangles or delays in their work in any government department, public or private or local authority or in any organization whatsoever. (‘Service’)

  4. Registration

    1. To use certain services provided on the Website and make purchases, it is not compulsory to create an account. A Buyer may use the option of a ‘Guest Checkout’ in order to make a purchase. GetFast shall collect Your contact details if You choose Guest Checkout option for needful communication with You in relation to Your purchase order. However, such Guest User will not be provided access to benefits reserved for a registered User. Benefits provided to registered User may change from time to time.
    2. User may also create an account on the Website to use more services provided on the Website. To create an account, You need to choose a username and password. You also have the option of linking Your social media accounts, such as Your Facebook or Google Plus or Twitter or You Tube account with the GetFast account, to create Your GetFast Account. You must keep Your account and registration details current and correct for communications related to Your use of services and purchases on the Website.
    3. At the time of registration/ Guest Checkout, GetFast shall collect Your Personal Information as per the Privacy Policy of GetFast, which may be read as part and parcel of these Terms. If You choose to link Your any social media account with Your GetFast Account, we collect information related to You from the linked social media platform subject to the Privacy Policy.
    4. You are solely responsible for protecting the confidentiality of Your username and password and all activities under Your account shall be deemed to have been done by You. In the event You provide us with false/ inaccurate details or GetFast has a reasonable ground to believe that false and inaccurate information has been furnished by You, we hold the right to permanently suspend Your account.
    5. As a matter of policy Registration on the Website and browsing the Website is free at present. But GetFast reserves its right to introduce fees for the existing or addition to the existing services or new services offered in future, Amendments made in this policy from time to time will be Posted on the Website which shall immediately become part and parcel of these Terms. In case that happens, it will be up to You to decide whether or not You will continue to use the Website.
  5. Eligibility

    The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User shall not use the Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule, regulation or judicial verdict currently in force. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website.

    However, if You are a minor, i.e. under the age of 18 years and over the age of 13 years, You may use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms. GetFast reserves the right to terminate or refuse Your registration, or refuse to permit access to the Website, if it is discovered or brought to its notice that You are a minor.

  6. ACCEPTANCE OF TERMS

    1. The use of the Website is governed by these Terms besides the agreements executed, if any, between GetFast and any specific User (to that extent), the Privacy Policy, any other policies on the Website, and any modifications or amendments made thereto by GetFast from time to time, at its sole discretion. You are advised to read and understand these Terms carefully as moving past the home page or using the platform provided on the Website to avail the Service or any part thereof shall be deemed to signify the User’s unequivocal acceptance of these Terms, and the User expressly agrees to be bound by the same. Should it be that You do not accept the Terms or any part thereof, You must close this Website immediately as Your continued use of the Website will be construed as Your unconditional acceptance of additions or amendments to the Terms.
    2. The User shall also be subject to all the rules, guidelines, policies, terms, and conditions applicable to any Service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. These Terms also include by reference any other terms disclosed and agreed to by the User in the event the User purchases or accepts additional features, facilities or services (‘Additional Service’) in addition to the Service, including but not limited to terms governing features, offers, Gift Vouchers, billing, free trials, discounts, promotions, preferential positioning, etc. ‘Service’ will mean and include ‘Additional Service’ also, if any.
    3. The User is aware and agrees that GetFast reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the Terms and stay updated on its requirements. Should it be that You do not accept any of the additions or amendments to the Terms, You must close this Website immediately as Your continued use of the Website will be construed as Your unconditional acceptance of additions or amendments to the Terms. 
    4. The User unequivocally agrees that these Terms constitute a legally binding agreement between the User and GetFast. The User acknowledges and agrees that no signature or express act is required to make these Terms binding on the User, and that the User’s act of using the Website or any part of the Service therein constitutes the User’s full and final acceptance of these Terms. In so far as the User complies with these Terms, the User is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Service available on the Website.
  7. MODIFICATIONS TO SERVICE

    GetFast reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or Service (or any part thereof) with or without notice. The User agrees and acknowledges that GetFast shall not be liable to the User or to any third party for any modification, suspension or discontinuance of the Service, even if the same should lead to loss of profits, damage, injury, etc to the User. To protect the integrity of the Service, GetFast reserves the right to block any User from certain IP addresses from accessing the Service, at any time and in its sole discretion.

  8. ROLE OF GETFAST & WEBSITE

    1. The User acknowledges and agrees that GetFast is engaged in e-commerce business on the Website merely as service provider. You acknowledge and agree that GetFast is not required and shall not be required to mediate or resolve in case there is any dispute or disagreements between a User and another User.
    2. Website merely provides a platform and Service for the Seller also to list and sell its Product to the Buyer. Seller shall be solely responsible to initiate and complete the sale of the Product to the Buyer during their visit to the Website strictly as a bipartite contract between Seller and Buyer and GetFast has nothing to do with the same.
    3. You acknowledges and agree that GetFast does not and shall not be required to interfere in, have any control on, advise on, or in any way involve itself in User’s offers/ terms and agreement thereon by any other User relating to Product displayed on Website like, price, payment methods/ terms, date/period/mode of delivery, installation, warranties, after sales services, cancellation/ return/ replacement/ refund policy etc.
    4. You acknowledge and agree that GetFast does not and shall not be required to make any representations or warranties regarding quality, value, saleability etc. or to explicitly or implicitly support or endorse the sale or purchase of a User’s Product displayed on the Website and that GetFast or third parties shall not be held liable for any errors or omissions or commissions in display of User’s Product on the Website.
    5. You acknowledge and agree that GetFast does not and shall not be required, at any point of time, to acquire title, possession, any right or claim over the products or services offered for sale or sold or dispatched or in transit or delivered or returned and that GetFast shall not be held responsible for damages or failure/ unsatisfactory/ delayed performance of Service.
  9. Communications

    Your use of this Website shall be deemed as Your consent to receive calls, autodialed and/or pre-recorded message calls, SMSs, e-mails etc. from Us at any time using contact details provided by You or received through third parties subject to the Privacy Policy. This consent is for purposes that include and are not limited to clarification calls, newsletters, marketing and promotional communication from GetFast, Our partners and third party service providers with whom We have entered into contract in furtherance of Our rights, duties and obligations under these Terms and Our other policies. Such contact will be made only in pursuance of such objectives.

    The User can opt out from such communication and/or newsletters either by unsubscribing on the Website itself, or by contacting Our customer care service.

  10. PRODUCT, Pricing, PURCHASE AND Payment

    1. GetFast does not fix the price of the Product. Price of the Product is fixed by the Seller and it is inclusive of all taxes, duties etc. Shipping charge, installation charge, extended warranty charge etc. inclusive of applicable service tax, if any transparently displayed exclusive of the Product price on the Product description page, will be charged extra. The total cost mentioned at the time of ordering a Product shall be the amount charged at the time of delivery in case Cash on Delivery option is available for the Product for delivery at the address given by Buyer.
    2. Different Seller may charge different Product price and/or total cost for delivery of similar item. Information about Product is displayed on the Website by the Seller or as provided by the Seller. Ratings and reviews about the Product are as received from the User of the Website. Buyer shall alone be solely responsible for selection and ordering of a particular Product and/ or of a particular Seller.
    3. Seller represents and warrants to the User that:
      1. all information / material that the Seller has displayed on the Website is accurate and truthful in all respects and that the attributes of Product is not exaggerated or over emphasized by Seller lest the Users may be misled in any manner and that the Seller will promptly update any information that subsequently becomes inaccurate, incomplete, misleading or false due to any reason whatsoever.
      2. the Seller has all necessary rights and licences to display the information / material displayed on the Website which are attributable to them.
      3. the Seller is the owner of all intellectual property rights associated with the information / material attributable to the Seller on the Website, including but not limited to information, material, Product, services and that the Seller has the right to list such Product for sale.
      4. the Buyer shall have all the rights, title and quiet possession free from any encumbrance or charge in favour of any third party over the Product purchased and received by them.
      5. Product purchased and received by the Buyer shall meet the description and specification displayed on the Website and the Buyer shall be entitled to all the warranties and other services/ facilities/ offers etc. adjunct to the Product. Warranty provided by the manufacturers / brand owners / Seller (as applicable) shall be specified on the relevant Product page on the Website or on the label on the Product package and such warranty, if any, will be fulfilled by the concerned manufacturer / brand owner / Seller (as applicable).
      6. the packaging of the Product shall be done in such a manner that the packaging & Product may not be damaged during transit, the packaging may be opened & Product accessed easily & safely by the Buyer, the packaging may be re-usable to support return of faulty Product and that the requirements and guidelines on packaging of different types of Product are met to ensure safe transit of Product.
      7. the Seller shall be solely responsible for ensuring safe transit of Product and also for delivery of contracted quantity, authenticity and quality of Product.
    4. Buyer understands and agrees that:
      1. the acceptance of Buyer to purchase a Product displayed by a Seller for sale on Website amounts to a Bipartite Contract between Buyer and Seller and that GetFast is not a third party beneficiary under such Bipartite Contract.
      2. the offer for sale of Product by the Seller by displaying the Product on the Website is neither absolute nor unconditional. It may be revoked any time before delivery of the Product without any notice or without assigning any reason to or without consent of the Buyer and without any liability or any obligation in Buyer’s favour even if the Buyer has not committed any irregularity. Under such situation the entire amount paid by the Buyer at the time of ordering the purchase of Product shall be refunded to Buyer.
      3. the use of the Website and of any gift vouchers or Product purchased through it shall be only for strictly personal, non-commercial purposes. The Buyer hereby expressly acknowledges and agrees that any such item purchased shall not be sold, resold or transferred to any third party or exchanged or used in any other way for commercial purposes or for profit.
      4. if Buyer is in need of additional services adjunct to the Product like warranty, after sales service or installation related service etc., the Buyer shall directly contact the concerned manufacturer / brand owner / Seller (as applicable). GetFast is not obliged to provide such additional services though it may facilitate communication between the Buyer and the Seller to assist the Buyer to avail such additional services, if available as adjunct to the Product.
      5. It shall be Buyer’s responsibility to go through the cancellation, return, replacement and refund policy relevant to the Product displayed on the Product description page and to check particularly the following with regards to return of the Product before ordering the same:
        1. whether the Product is returnable or non-returnable.
        2. conditions under which returnable Product can be returned.
        3. conditions under which even returnable Product cannot be returned
        4. time limit, in days from the date of delivery, for filing return request.
        5. whether replacement will be done or refund or both options will be available if returned Product is accepted to have been returned properly.
        6. time limit of replacement dispatch by Seller after which refund will be the only option left, whatever be the reason of crossing the time limit by the Seller.
    5. The following payment options are available at present on the Website:
      1. All Domestic Visa & MasterCard Credit Cards
      2. International Visa & MasterCard Credit Cards
      3. American Express/ Amex eZeClick/ Amex EMI, JCB & Diners Club Cards
      4. All Major Visa, MasterCard, Maestro & RuPay Debit Cards
      5. All Major Netbanking options
      6. SBI, ICICI, HDFC, Axis, Kotak, IndusInd & HSBC EMI options
      7. ITZCash, Icash, Oxicash & PayCash Cash Cards
      8. Mobile Payment
      9. NRI remittance option
      10. Paytm, MobiKwik, JioMoney, PayZapp & JanaCash Wallet
      11. All Major Bank’s IMPS
      12. Cash on Delivery (COD) option
    6. Buyer understands and agrees that:
      1. GetFast may from time to time enter into contract with third party payment service providers like banks, Payment gateway(s), payment aggregators, pre-paid instruments, cash/ demand draft/ pay order on delivery service providers, mobile payment service providers etc. authorized by Reserve Bank of India to create payment facilities to facilitate payment between User, Buyer, Seller etc. and for other collections, remittances and refunds.
      2. The Buyer shall select appropriate payment facility and provide his sensitive personal data and financial information correctly and accurately on the Website as required by the selected payment facility, approved and integrated with the Website by GetFast, for making online payment for purchase of Product selected and ordered by the Buyer. The Buyer is hereby expressly made aware that the Buyer’s account statement will reflect that a payment has been made in favour of GetFast. As per the Privacy Policy of the Website, You will be solely responsible for the security and confidentiality of Your sensitive personal data and financial information provided by You for such online transaction. GetFast expressly disclaims all liabilities arising out of unauthorised use of Your sensitive personal data and financial information.
      3. GetFast shall not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to You while availing any of the payment facilities available on the Website due to situations including, but not limited to, the following:
        1. Lack of authorization for any transaction(s)
        2. Exceeding any preset limit on transaction(s)
        3. Any payment issues arising out of the transaction
        4. Decline of transaction for any other reason.
      4. All payments by You for purchase of Product on Website must be in Indian Rupees.
      5. While processing or before delivering Your order, You may be required to provide documentary proof to establish the authenticity of Your transaction and ownership of the Product including but not limited to government issued ID and address proof.
      6. By initiating a transaction You are entering into a legally binding and enforceable bipartite contract with the Seller to make payment for the purchase of the Product from the Seller using a payment facility available on the Website and that payment facility is merely used by the Buyer and Seller to facilitate the completion of the transaction. Use of the payment facility shall not render GetFast liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Product listed on the Website.
      7. You have specifically authorized GetFast and/or its third party service providers to collect, process, facilitate and remit payments electronically or through Cash on Delivery to and from other User in respect of transactions through payment facility. Your relationship with GetFast is on a principal to principal basis and by accepting these Terms You agree that GetFast is an independent contractor for all purposes, and does not have control of or liability for the Product listed on Website that are paid for by using the payment facility. GetFast does not guarantee the identity of any User nor ensures that a Buyer or a Seller will complete a transaction. Further, by providing payment facility, GetFast is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction amount. . GetFast reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with GetFast or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
      8. GetFast may, at its sole discretion, do such checks as it deems fit before approving the receipt of payment from the Buyer or the Cash On Delivery transactions for security or other reasons and GetFast shall have the right to reject the receipt of payment/ Buyers commitment to pay Cash on Delivery.
      9. GetFast may delay or hold the dispatch order to the Seller even after receipt of payment from the Buyer, if GetFast deems the transaction to be suspicious for reasons including, but not limited to, of being of exceptionally high value/ volume. In addition, GetFast may hold the payment and/or the order or remit the payment amount to law enforcement officials, instead of refunding to Buyer, at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity. The Buyer and Seller acknowledge that GetFast will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction amount or any delay in processing a transaction/transaction amount which is beyond control of GetFast.
      10. Refund shall be made in Indian Rupees only. For Cash on Delivery transactions, refunds, if any, may be made via demand draft in favour of the Buyer on address registered on Website. For other transactions, refund, if any, may be made through the same mode/ payment facility through which payment was received. GetFast shall have the sole discretion to decide the mode of refund. Refund shall be conditional and subject to Buyer complying with Terms and Policies of the Website and shall be with recourse available to GetFast in case of any misuse by Buyer.
  11. CANCELLATION, DELIVERY, RETURN, REPLACEMENT & REFUND

    1. The Buyer may in certain cases cancel the order or return the Product and in such an event may request for a replacement or refund.
    2. A Buyer may cancel at any time until the order has been dispatched or shipped and the entire amount actually paid by the Buyer while ordering the Product shall be refunded at the earliest preferably within seven days of cancellation to the Buyer. If the Buyer has availed set-off of any benefit under any promotional code, gift voucher etc. while ordering the Product which was later on cancelled, then the value of such benefit availed shall not be refunded and such concerned promotional code, gift voucher etc. shall lapse and its benefit cannot be availed again.
    3. Buyer may cancel the order even when the Product has been shipped or dispatched and the same has not yet reached the Buyer or may refuse to receive the Product but the refund process shall start once the Product is deemed to have been returned back to the Seller and depending on the condition of the Product received back, the amount due to the Buyer shall be refunded at the earliest preferably within 7 (seven) days of the return date. Under such situation if the Buyer fails to provide valid reason for cancellation or refusal to receive that fixes the responsibility on the Seller of the Product or the Logistics Partner(s) the claims of the Payment Gateway(s) and Logistic Partner(s) shall also be borne by the Buyer and the same shall be deducted from the amount due to the Buyer. User expressly agree that decision of GetFast on the validity of the reason provided by the Buyer and the amount due to the Buyer shall be final and binding on User.
    4. GetFast at its sole discretion may cancel any order at any time until the order has been dispatched or shipped by the Seller:
      1. if it suspects a User has undertaken a fraudulent transaction.
      2. if it suspects a User has undertaken a transaction which is not in accordance with these Terms.
      3. in case of unavailability or deemed unavailability of the Product due to fault of the Seller.
      4. If the details of the Product as reflected on the Website is noticed to be inaccurate due to technical issues, typographical errors or incorrect product information provided to GetFast by Seller.
      5. for any reason outside the control of GetFast including but not limited to delivery related logistical difficulties.
    5. If Buyer purchases multiple items for delivery at single delivery address in one transaction, then all items may be delivered together. Buyer expressly acknowledges and agrees that if Buyer wishes to purchase multiple items for delivery at different delivery addresses, then the Buyer must make as many transactions as the number of delivery addresses i. e., separate transaction for each delivery address.
    6. Logistics Partner(s) may deliver the ordered Product to the Buyer at the address indicated on the Waybill, or to someone other than the person or entity named on the Waybill having apparent authority to accept the ordered Product in the name and on behalf of the Buyer. Buyer expressly acknowledges and agrees that there is no obligation on the Logistics Partner(s) to deliver the ordered Product to the Buyer personally and Logistic Partner(s) may deliver to someone, other than the person named in the Waybill, present at the address indicated on the Waybill.
    7. If the Buyer’s delivery address, PIN code is not serviced by the Logistics Partner(s) or by the Seller, the Buyer may provide alternate address serviced by the Logistics Partner(s) and by the Seller before proceeding to make payment.
    8. The Product shall not be delivered to the Buyer unless necessary payment is made or already made by the Buyer.
    9. There is no guaranteed time of dispatch or delivery though GetFast realizes the importance of timely dispatch and delivery as per the estimated time displayed, if any, on the Website and expects the Seller, Logistics Partner(s) to give it similar importance.
    10. Before accepting the delivery of the ordered Product, it shall be the responsibility of the Buyer to reasonably ensure that the Product’s packaging is not damaged, distorted or tampered. It shall be the responsibility of the Buyer to write on the delivery receipt
      1. the condition of the seal of the packing at the time of receipt.
      2. whether the packing retains its basic integrity or has been received in distorted and/or damaged condition.
      3. whether the instructions on the package handling labels or the “package orientation graphics” appears to have been followed during shipping or delivery.
    11. It shall be responsibility of the Buyer to take photos, video and/or audio recording of the seal and/or package reaching in broken/damaged/distorted condition, at the time of accepting the delivery of the Product considered to be in deliverable condition, in presence of the courier and retain it along with the contents, original cartons and packaging for inspection to settle the claim for damage or defect in Product, if any, during transit by Seller.
    12. Buyer shall be bound to take delivery of the Product reaching, the Buyer or the recipient on Buyer’s behalf, in deliverable condition. If the Buyer neglects or refuses to accept the delivery of such Product, the Buyer may be liable for the losses suffered by GetFast, its third parties and the Seller and the decision of GetFast shall be final and binding on the Buyer and the Seller.
    13. Upon delivery of and full payment for the Product, the Buyer shall be deemed to have accepted the Product and all rights, title and interest in the Product delivered shall be directly transferred to the Buyer. Thenceforth, Buyer shall be liable for any loss in value of the Product. However, the Buyer will have the right to return, replacement and/or refund of returnable Product found defective, damaged or not as described on the Website as per the cancellation, return, replacement and refund policy related to the Product displayed by the Seller on the Product description page.
    14. It shall be the responsibility of the Buyer to submit return request on the Website if the Product and its condition satisfy the conditions for return as per the Seller’s cancellation, return, replacement and refund Policy for the particular Product displayed on the Product description page within the prescribed time limit.
    15. The returnable Product shall be deemed to be successfully delivered if the return request is not received by GetFast on the Website as per procedure prescribed on the Website for filing the return request within 2 (two) days from the date of delivery.
    16. The non-returnable Product shall be deemed to be successfully delivered if no dispute is raised within 2 (two) days from the date of delivery.
    17. The return request filed by Buyer shall be processed and decision conveyed by Seller at the earliest preferably within 7 days from the date of receipt of return request. Buyer can raise dispute, if any, with GetFast on Website within the time limit of 2 (two) days of Seller’s decision. Product shall be deemed to be successfully delivered if no such dispute is received by GetFast on the Website as per procedure prescribed on the Website for filing the dispute within prescribed 2 (two) days’ time limit mentioned hereinabove.
    18. The Seller further agrees that the dispute between Buyer and Seller, if any, shall be resolved by GetFast and the decision of GetFast shall be final and binding on Buyer and Seller.
    19. Once the return request is accepted by Seller or by GetFast in case dispute is raised by the Buyer or if the Seller does not convey its decision within reasonable time preferably within 7 days from the date of receipt of return request by the Seller, the Logistics Partner(s) shall be advised, if it has pick up service at the Buyer’s delivery address,to execute reverse shipment of the disputed Product from the Buyer’s delivery address to the Seller or else Buyer shall be advised to ship the disputed Product to the Seller’s address. The cost of such reverse shipment by the Buyer shall be reimbursed to the Buyer on production of original invoice of the courier by the Buyer to GetFast.
    20. While returning the Product, Buyer shall ensure the following:
      1. Product returned should be unused and in the same condition as received.
      2. All original packing, labels, price tags, invoice, literatures, accessories, warranty cards, freebies etc. received inside original package must be listed and shown to the Logistic Partner(s)/ courier and packed carefully to ensure safe transit. Product(s) with locks/passwords must be returned unlocked/ disabled. Buyer must mention the return request reference number on the package. A certified list of contents seen by the Logistic Partner(s)/ courier must also be kept inside the packing.
      3. A scanned copy of the original invoice of the courier, if the Product has been shipped back by Buyer, shall be immediately emailed to GetFast and the original shall be preserved till the cost of reverse shipping is reimbursed to the Buyer.
    21. The Seller may raise dispute with GetFast, if any, related to the status of the returned product, if actually received by the Seller, within the 2 (two) days of return date. The dispute raised, if any, by the Seller shall be resolved by GetFast within 5 (five) days and the decision of GetFast shall be final and binding on Seller and Buyer.
    22. The Seller undertakes and agrees to ship the replacement at its own cost through the Logistics Partner(s) within 2 (two) days of return date if no dispute is raised or within 2 (two) days of the date of decision by GetFast to send replacement.
    23. On successful delivery of the replacement Product to the Buyer the cost of reverse shipping, if any, incurred by the Buyer shall be reimbursed to the Buyer.
    24. The Seller undertakes and agrees that in case the returned Product is found acceptable by the Seller or GetFast but the replacement Product is not readily available the total amount paid for the delivery of the Product and cost of reverse shipping, if any, paid by the Buyer shall be refunded to the Buyer within 10 (ten) days from the return date.
    25. Buyer agrees that if any Product ordered by the Buyer ultimately remains unclaimed or unacceptable, then GetFast shall have the exclusive right to hand over the Product to any party or third party at any price whatsoever along with all title, rights and interests including warranties, collaterals and benefits associated with the Product and use the proceeds at its sole discretion. Buyer agrees that under such situation the amount due to the Buyer as refund shall be decided by GetFast, at its sole discretion and the decision of GetFast shall be final and binding on Seller and Buyer.
    26. If any provision mentioned hereinabove under this section is in conflict with any provision in the Seller’s cancelation, return, replacement and refund policy displayed on the Product description page of the Website, the latter shall prevail.
  12. USE OF WEBSITE

    1. The User acknowledges and agrees to be solely responsible for the Content and information attributable to the User Posted, uploaded, published, linked to, transmitted, recorded, displayed or otherwise made available (“Post”) on the Website or transmitted to other User, including but not limited to item listings on the Website and communication with User of the Website, whether publicly Posted or privately transmitted.
    2. The User shall be required from time to time to provide information relating to the products or services proposed to be displayed on the Website. The User hereby acknowledges and undertakes that all such information shall be accurate in all respects and the attributes of such products or services shall not be exaggerated or over emphasized lest the Users may be misled in any manner.
    3. The User acknowledges and unconditionally agrees that GetFast shall not assume or have any responsibility or liability for any Content Posted on the Website by the User or for any claims, damages or losses resulting from use of such Content and/or appearance of such Content on the Website.
    4. The User acknowledges and agrees that any communication or business deal or transaction with advertisers, affiliates, other Users or other such User found on or through the Website, including payment, delivery, terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertisers, affiliates, other Users or other such User, as the case may be. GetFast shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such User on the Website.
    5. The User acknowledges and unconditionally agrees that any Content attributable to or Posted by the User on the Website may be viewed by other User, and may be viewed by any person visiting the Website or participating in the Service, and that GetFast shall in no way deemed to be responsible or liable for the legal or illegal actions of such person, which may include but not limited to modifying the Contents illegally to make them non-compliant to any law, rule, regulation, guideline etc. It will be Your sole responsibility to keep continuous watch over such Contents attributable to You and report any such activity of any person to the Grievance Officer immediately and/ or revoke such changes from Your end, if feasible.
    6. The User represents and warrants that:
      1. all information / material that the User has Posted upon creation of the account is accurate and truthful, and that the User will promptly update any information that subsequently becomes inaccurate, incomplete, misleading or false due to any reason whatsoever,
      2. the User has all necessary rights and licences to display the information / material displayed on the Website which are attributable to them.
      3. the User is the owner of all intellectual property rights associated with Posts attributable to the User on the Website, including but not limited to information, material, products, services.
    7. The User understands and unconditionally agrees that other User (including unauthorized users or "hackers") may Post or transmit offensive or obscene materials on the Website or may obtain User’s personal information leading to harassment or injury to the User. GetFast does not approve of such unauthorized uses and shall not be held responsible under any circumstances. User is advised to use discretion in public disclosure or sharing of information on the Website.
    8. All information, Comments, text, sounds, music, photographs, graphics, user and visual interfaces, trademarks, logos, artwork etc. on the Website (collectively, "Content"), is generated by third parties including but not limited to User and GetFast has no control over such Content. Unless explicitly provided in these Terms, no part of the Website and no Content can be copied, encoded, translated, posted, uploaded, publicly displayed, reproduced, transmitted, republished, or distributed in any way (including "mirroring") to any other computer resource, Website or any other medium of publication or distribution or for any commercial enterprise, without GetFast's express prior written consent.
    9. The User acknowledges and unconditionally agrees not to host, post, display, upload, modify, publish, transmit, update or share any information or Comments on the Website that:
      1. belongs to another person and to which the User does not have any right to;
      2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
      3. harm minors in any way;
      4. infringes any patent, trademark, copyright or other proprietary rights;
      5. violates any law for the time being in force;
      6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      7. impersonates another person;
      8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource or that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data or personal information including but not limited to worms, trojan horses, time bombs, cancelbots, easter eggs, etc.;
      9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation
      10. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      11. unlawfully harasses or intimidates or advocates harassment or intimidation of another person;
      12. requests money from, or is intended to otherwise defraud, other User of the Service;
      13. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spamming”, “phishing”, “trolling” or similar activities);
      14. promotes information that is false, inaccurate or misleading, or promotes illegal activities or conduct that is abusive, defamatory obscene, libellous or otherwise objectionable;
      15. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
      16. contains video, audio, photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
      17. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
      18. provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
      19. provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
      20. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
      21. provides information or data the User do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
      22. disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other User are able to type, or otherwise negatively affects other User’s ability to engage in real time exchanges or interferes with other User’s use and/or enjoyment of Website;
      23. directs or refers or otherwise leads any User to any website or URL which appears to Us to contain material that is inappropriate for the Website or any other website, or that would be prohibited or violates the letter or spirit of these Terms.
      24. solicits passwords or personal identifying information for commercial or unlawful purposes from other User or disseminates another person’s personal information without his or her permission; and
      25. publicises or promotes or engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising, pyramid schemes or the buying or selling of ‘Virtual Items’ related to the Website.
      26. Solicits or engages in any gambling activity which appears to Us to be unlawful.
      27. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any product or service, which is prohibited or restricted in any manner under any law, rule, regulation or guideline for the time being in force.
      28. modifies the technical configuration of Website or become party to any such act which may change or has the potential to change the prescribed course of operation of the Website.
      29. creates any liability for GetFast or causes GetFast to lose (in whole or in part) the services of our service providers including but not limited to internet service providers ("ISPs") or other suppliers;
    10. The User understands and agrees that GetFast reserves the right, in its sole discretion, to investigate and take any legal action against any User who violates the Terms including removing or editing any item listing/ Content on the Website that violates or alleged to violate any applicable law or the letter or spirit of the Terms or may harm the reputation of the Website, Service or GetFast, or may offend, injure or be prejudicial to the interests of any of its User and also terminating or suspending the account of such User. GetFast reserves the right, but have no obligation, to monitor the Content Posted on the Website and that the User shall be solely responsible for the material Posted on the Website and in private messages. User understands that any Content Posted on the Website does not necessarily reflect GetFast’s views.
    11. The User’s use of the Website, including all Content Posted by the User, must comply with all applicable laws and regulations. The User agrees and acknowledges that GetFast may access, preserve and disclose the User account information and Content if required to do so by law, or if it in good faith believes that such access, preservation or disclosure is reasonably necessary, to: (i) comply with any legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to the User’s requests for customer service, or allow the User to use the Service in the future; or (v) protect the rights, property or personal safety of GetFast or any other person.
    12. GetFast shall have all the rights to take necessary action and claim damages that may occur due to User’s involvement/participation in any way directly or through group/s of persons, intentionally or unintentionally in Denial of Services (DoS) or Distributed Denial of Services (DDoS).
    13. By Posting information / Content as part of the Service, the User automatically grants to GetFast, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable (through multiple tiers), royalty-free, fully paid-up, worldwide right and license to
      1. exercise the copyright, publicity or database rights or any other rights You have in Your information/Content or in any media now known or not currently known with respect to Your information/Content.
      2. use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content,
      3. prepare derivative works of the Content or incorporate the Content into other works, and
      4. grant and authorize sublicenses of the foregoing in any media now known or hereafter created. The User represents and warrants that any Posting and use of the User Content by GetFast will not infringe or violate the rights of any third party, and hereby expressly agrees to indemnify GetFast against the same.

    This is solely to enable us to use Your information/Content in accordance with the Terms and Privacy Policy applicable to the use of the Website.

  13. PROHIBITED ACTIVITIES

    GetFast reserves the right to investigate, suspend and/or terminate the User account if the User has misused the Service or behaved in a manner GetFast regards as inappropriate or unlawful, including actions or communications that occur off the Service or Website, but involves User of the Service or Website or information obtained through the Service or Website. The following is a non-exclusive list of actions and activities that the User is not permitted to engage in while availing of the Service:

    1. You shall not use any site search / retrieval application or other manual or automatic device, process, program, method or algorithm like "deep-link", "page-scrape", "robot", "spider" etc. to access, retrieve, acquire, copy, ‘data mine’ or monitor any portion of the Website or any Post, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Post, to obtain or attempt to obtain any materials, documents or information not supposed to be made available through the Website.
    2. You shall not gain or attempt to gain unauthorized access by any illegitimate means including but not limited to hacking, password "mining" to any portion or feature of, to any service offered on or through or any other computer resource connected to, the Website.
    3. You shall not breach the security or authentication measures or probe, scan or test the vulnerability of the Website or any computer resource connected to the Website. You shall not in any way, whatsoever, trace or seek to trace any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website, on any other User of or visitor to Website or any account on the Website not owned by You. 
    4. You shall not do or cause to be done anything including but not limited to making any negative, denigrating comment about GetFast, Service, Website, other User, third party service providers that might tarnish the reputation of or goodwill associated with any trade name, trade or service marks of GetFast or GetFast’s third party service providers or of any User including other User using the Website.
    5. You shall not do anything, whatsoever, that puts an unreasonable or disproportionately large load on the computer resource of GetFast or on the infrastructure of Website or on any computer resource connected to the Website.
    6. You shall not disrupt or interfere with or attempt to disrupt or interfere with, using any device, software, or otherwise the proper working of or any transaction conducted on, or any User's use of the Website or any computer resource connected therewith.
    7. You shall not, in any way, forge headers or otherwise manipulate identifiers in order to disguise the origin of any information or Comments transmitted to or through the Website. You shall not impersonate any other person or entity.
    8. You shall not use the Website or any Content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit performance of any illegal or other activity which violates the rights of GetFast and / or others.
    9. You shall not, at any time, use the Service or Website in any illegal manner or to commit any illegal act or in a jurisdiction in which it is illegal or unauthorised. You shall not engage in any transaction in a product or service, which is prohibited by any applicable law including exchange control laws or regulations for the time being in force.
    10. You shall not advertise or solicit other User to buy or sell any products or services or send any chain letters or unsolicited commercial or junk email to other User via the Website or use any information available on the Website to stalk or otherwise harass, abuse or harm any person or to contact, advertise, solicit or sell to any person without prior and explicit consent of GetFast. GetFast reserves the right to restrict the frequency of messages or emails which a User can send to other User in its sole discretion.
    11. You shall not solicit money from any User in excess of amounts already paid / agreed to be paid by User, or in excess of amounts listed on Website for the product / service in question.
    12. You shall not offer money to any User, for any reason whatsoever without the express knowledge and consent of GetFast.
    13. You shall not express or imply that any statements You make is endorsed by GetFast without GetFast’s specific prior written consent.
    14. You shall not ask or use User to conceal the identity, source, or destination of any illegally gained money or products.
    15. You shall not “frame” or “mirror” any part of the Service, without GetFast's prior written authorization.
    16. You shall not use meta tags or code or other devices containing any reference to GetFast or the Service or any trademark, trade name, service mark, logo or slogan of GetFast to direct any person to any other website for any purpose.
    17. You shall not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, any software used on or for the Service, or cause others to do so.
    18. You shall not Post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any Content or information obtained from the Service other than solely in connection with Your use of the Service in accordance with these Terms.
  14. Compliance with Laws

    User shall comply with all the applicable laws (including without limitation to Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by the Reserve Bank of India from time to time, Customs Act, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of the Government of India) applicable to them respectively for using payment facility and the Website.

  15. CUSTOMER SERVICE

    GetFast may provide assistance and guidance through its customer care representatives. When communicating with GetFast’s customer care representatives, the User agrees to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, and not to behave otherwise inappropriately. If GetFast is of the impression that the User’s behaviour towards any of its customer care representatives or other employees is at any time threatening or offensive as described hereinabove, GetFast reserves the right to immediately terminate the User’s account.

  16. Reviews, Feedback and Submissions

    All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Website or otherwise disclosed, submitted or offered in connection with use of the Website (collectively, the ‘Comments’) shall be and remain the property of the GetFast. Such disclosure, submission or offer of any Comments shall constitute an assignment to the GetFast of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the GetFast shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.

    The GetFast will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the User in any way. You hereby grant the GetFast the right to use names that You submit in connection with any Comments. The GetFast is and shall be under no obligation to: (i) maintain any Comments in confidence; or (ii) pay compensation for any Comments; or (iii) respond to any Comments. You are, and shall remain, responsible for the Comments You make and You agree to indemnify the GetFast and its affiliates against all claims, loss and liabilities resulting from any Comments You submit.

    Further, any reliance placed on Comments available on the Website from a third party shall be at Your sole risk and expense.

  17. INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

    1. The User is aware that GetFast owns and retains all proprietary rights in the Website/Application and Service, and in all Content, trademarks, trade names, service marks, copyrights and other property rights related thereto. The Website and Service contain the copyrighted material, trademarks, and other proprietary information of GetFast and its licensors, and the User agrees not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of GetFast, or if such property is not owned by GetFast, the owner of such intellectual property or proprietary rights. The User agrees to not remove, obscure or otherwise alter any proprietary notices appearing on any Content, including copyright, trademark and other intellectual property notices.
    2. The User is aware that for the purpose of availing of the Service, the User will be required to upload on the Website images and descriptions of all Product the User wishes to display through the Website. The User is further aware that the same will be visible to and accessible by all User of and visitors to the Website, and that GetFast has no control over their actions, and will not be liable in any manner should any such User or visitor infringe on the intellectual property of the User by accessing / misusing / copying / using / creating derivative works from said Product listings, and the User hereby expressly agrees that GetFast shall have absolutely no liability for the same, and further agrees not to involve GetFast in any resulting legal proceedings, and expressly agrees to indemnify GetFast and reimburse GetFast for any expenses incurred in this respect. However, as GetFast respects the intellectual property of Users and does its best to keep it protected, in case you feel that there has been any infringement in respect of any of your intellectual property rights on the Website, you must send notice of claims of misuse and infringement to GetFast’s Grievance Officer using the Contact Us tab on the Website and provide the following information:
      1. an electronic or physical signature of the individual authorized to act on behalf of the owner of the intellectual property;
      2. a description of the work that the individual claims has been infringed;
      3. a description of where such material is located on the Service (and such description must be reasonably sufficient to enable GetFast to find the alleged infringing material, such as a URL, User profile, etc.);
      4. the individual’s address, telephone number and email address;
      5. a written statement by the individual that the individual in good faith believes that the disputed use is not authorized by the owner of the intellectual property; and
      6. a statement by the individual, made under penalty of perjury, that the above information supplied is accurate, and that the individual is the owner or authorized to act on the owner's behalf;
    3. The User expressly agrees and accepts that the intellectual property of the User is required to be displayed on the Website in the form of Product listings, and the User does hereby expressly authorise GetFast and the Website to use the same in this connection, and also expressly agree to continue to allow GetFast to do so, without GetFast ever being required to pay any manner of license, fee or amount in this respect, for any such incidental usage. The User further agrees and hereby expressly authorises GetFast to continue to display said Product listings of the User even after the User has stopped producing / supplying the same, and even if the User has deleted the account assigned to the User and has stopped availing of the Service. If the User does not agree to these provisions, then the User is not authorised to use the Website or avail of the Service.
    4. The User shall not list for sale, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
    5. GetFast reserves the right to terminate the account of the User found to have misused / infringed the intellectual property of another person/entity, in its sole discretion. The User is aware that the User may also face civil and criminal charges in the event of such misuse / infringement.
  18. INTERACTIONS WITH USERS OF THE WEBSITE

    1. The User understands that GetFast does not conduct any criminal background checks or screenings on any of its User. The User is further aware that GetFast also does not attempt to verify or validate the information provided by any User. GetFast makes no representations or warranties as to the conduct of any User, or their interactions with the User. The User agrees and acknowledges that the User is solely responsible for any and all interactions with other User of the Website and the User expressly agrees and acknowledges that GetFast will not be liable for the same in any manner whatsoever.
    2. The User agrees and acknowledges that other User of the Website may rate the User and may also write reviews relating to the User and the Product listed on the Website by the User. The User is aware that some of these reviews may not be flattering and may affect the future sales of the User; however, the User agrees that GetFast will be under no obligation to remove any such negative reviews, although the User may appeal to GetFast to do the same if the User feels that such review is unjustified or made with malafide intent.
    3. User acknowledges that there may be risks in dealing with any User who is underage or camouflaged and the other User’s information may be inaccurate, deceptive or even offensive or harmful and that in spite of best efforts GetFast cannot regulate the User’s information on the Website. User agrees to use caution and safe trading when using Website and to release and keep GetFast and/or its staff/ representatives indemnified from any loss, damage, liability, claim etc. under any applicable law due to any actions of other User of the Website.
  19. Hosting of Third Party Information

    The website hosts information provided by third parties. We are in no manner responsible to You for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but we are not responsible for the information so furnished. You agree to not hold us liable for the falsification of any such provided information.

  20. LINKS

    1. The User is aware that the Service may contain or provide advertisements and/or promotions offered by third parties and links to other websites or resources. The User acknowledges and agrees that GetFast is not responsible for the availability of such external websites or resources, and that GetFast does not endorse and is not responsible or liable for any Content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. The User further acknowledges and agrees that GetFast shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
    2. The User further agrees that the User is not and shall not be authorized to provide other User of the Website with any link to any website or domain, whether or not such website is owned / operated by the User, and whether or not such website is in competition with the Website, at the sole discretion of GetFast.
  21. Disclaimers Regarding Products

    We have made every effort to display available Product, including in respect of their colour, size, shape and appearance, as accurately as possible. However, the actual colour, size, shape and appearance may have variations from the depiction on Your mobile/computer screen.

    The GetFast does not make any representation or warranties in respect of the Product available on the Website nor does the GetFast implicitly or explicitly support or endorse the sale or purchase of any Product on the Website. The GetFast accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

    You acknowledge and agree that the GetFast shall act as Your agent for retrieval and delivery of Product purchased on the Website, and that the GetFast has no relationship with You other than to provide such retrieval and delivery service. At no time shall the GetFast have any right, title or interest to any Product. The GetFast does not have any control over the quality, failure to provide or any other aspect whatsoever of the Product and is not responsible for damages or delays as a result of Product which are out of stock, unavailable or back ordered.

  22. Disclaimer of Warranties and Liabilities

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

    THE WEBSITE, SERVICES AND OTHER MATERIALS PROVIDED BY THIS WEBSITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, GETFAST MAKES NO WARRANTY THAT

    1. YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
    2. MATERIALS, INFORMATION AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
    3. ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. GETFAST ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

    THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. GETFAST ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

    WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.

  23. Indemnification and Limitation of Liability

    YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/GETFAST INCLUDING BUT NOT LIMITED TO ITS AFFILIATES, SELLERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.

    IN NO EVENT SHALL GETFAST, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE SELLER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.

    THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  24. LIMITATION OF LIABILITY

    1. To the fullest extent allowed by applicable law, in no event will GetFast, its affiliates, business partners, licensors or service providers be liable to the User or any third person for any indirect, reliance, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, loss of goodwill, damages for loss, corruption or breaches of data or programs, service interruptions and procurement of substitute services, even if GetFast has been advised of the possibility of such damages notwithstanding anything to the contrary contained herein. GetFast's liability to the User for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by the User to GetFast for the Service while the User maintains an account. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    2. The Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in GetFast / Website incurring any form of liability whatsoever, these Terms shall stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment, and the User shall be prohibited from accessing the Website and availing of the Service beyond such date.
  25. Termination

    These Terms are effective unless and until terminated by either You or the GetFast. You may terminate the Terms at any time, provided that You discontinue any further use of the Website. The GetFast may terminate the Terms at any time and may do so immediately without notice, and accordingly deny You access to the Website.

    Such termination will be without any liability to the GetFast. The GetFast’s right to any Contents and to be indemnified pursuant to the Terms hereof, shall survive any termination of the Terms. Any such termination of the Terms shall not cancel Your obligation to pay for Product already ordered from the Website or affect any liability that may have arisen under the Terms prior to the date of termination.

  26. Disputes and Jurisdiction

    All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.

    1. Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both Parties. Both Parties may raise a name for the sole mediator and in the case both Parties accept the proposed name, the said person shall be appointed as sole mediator. In case the Parties are not able to reach a consensus within two proposed mediators, the GetFast reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both Parties.
    2. Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the Parties, arbitration may follow, the award of which is binding on both Parties. The Arbitration Board shall comprise three members – one appointed by each Party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Patna, Bihar, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.

    If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Patna, Bihar, India.

  27. Miscellaneous Provisions

    1. Entire Agreement: These Terms, read with Privacy Policy and other policies published on the Website related to the use of the Website or Service, any specific guidelines or rules that are separately posted for particular services or offers in the Service, comprises the entire agreement between the User and GetFast regarding the User’s use of the Website and the Service. If any provision of these Terms is held invalid by any court or governmental authority of requisite jurisdiction, the remainder of these Terms shall continue in full force and effect and the Parties shall attempt to give full effect to their original intention.
    2. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
    3. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
    4. Non-Transferability: The User agrees that the User’s account is non-transferable and all of the User’s rights to the profile or Contents within the account shall terminate upon the User’s death or termination of the User’s access to the Service.
    5. Relationship between the Parties: The User is aware and agrees that no agency, partnership, joint venture or employment is created as a result of these Terms, and the User may not make any representations or bind GetFast in any manner.
  28. GRIEVANCE OFFICER

    Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Grievance Officer by the User reducing the same to writing, and sending the same to the registered office of GetFast by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD) to be addressed by the Grievance Officer as soon as possible within a month.

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