Terms and Conditions of Service
Welcome, these are the Terms and Conditions of Service (the “Terms”) for the mobile application software known as FaastHub (hereinafter, “FaastHub” and also the “App”); the web site located at www.faasthub.com, including its sub-domains and its mobile optimized versions (the “Site”), and any and all products and services offered thereby and provided by the FaastHub Technology Team, also referred as us’, ‘its’, ‘ours’ and/or ‘we’).
Acceptance of these Terms.
As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user of our App and/or a visitor/browser of our Site. If you continue to use the App or browse the Site, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, will govern FaastHub’s relationship with you in relation to the App, the Site and any products and services offered thereby.
These Terms include a jury trial and class action waiver, and require binding arbitration on an individual basis in order to solve possible disputes. These Terms also limit the remedies that may be available to you in the event of a dispute with us. Overall, your access to the Site is only offered for your individual, non-commercial use, and not for the use or benefit of any third party you may represent.
Use of our Services constitutes acceptance and agreement to these Terms of Service, and the term thereof will commence on the earlier date of your initial account registration or first Service’s use, and shall continue in effect until terminated by us.
Use of the App and our Site.
FaastHub is an on-demand delivery app that facilitates the delivery from any local store for a small delivery fee depending on vehicle size, mileage, and item purchase (the “Services”). FaastHub does not directly or indirectly prepares, sells or delivers any kind of beverages, food or edible products but, rather, has a network of third party Partners that operate commercial establishments such as restaurants, pharmacies and grocery stores.
If you transfer or sell your authorized device to another person, you have to close your session with FaastHub and delete your copy of the App. You may not transfer your rights under these Terms.
Only a copy of the App subject to a valid license from FaastHub can be used to access the Services, and to download updates and patches. You may not interfere with any access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the App will not function properly and these Terms will terminate immediately, and henceforth FaastHub will not be held liable for any claim, injury or damage arising out of or in connection therefrom.
The App may require an Internet connection to access some or part of its features and functionalities, to authenticate the App, to sign-in or otherwise to perform other functions. In order for certain features of the App to operate properly, you may be required to have and maintain a: (i) valid and active account with a wireless mobile data service; (ii) modern, fast and adequate mobile device with the required specifications in order to run the App; and/or (iii) valid and active credit or debit card or payment processing platform account. If you do not have such items, then the App or certain features thereof may not operate, be available or cease to function properly, either in whole or in part, and therefore FaastHub will not be held liable for any claim, injury or damage arising out of or in connection therefrom.
As used herein or within the App, ‘Open Source’ shall mean open source software provided within the App that is licensed or sub-licensed to you under the terms and conditions of the applicable license agreements or copyright notices included within such Open Source component. These Terms does not apply to nor govern any Open Source accompanying the App and FaastHub hereby disclaims any and all warranties, representations and liability to you or any third party related thereto.
As a member of our community, you will have the opportunity to interact with other users. Please be advised that Faasthub does not and will not endorse any kind of interactions, communications, transactions, disputes or relations whatsoever amongst its members. Therefore, you will need to conduct yourself in a timely, ethical and decent manner when interacting with other users.
We may monitor interactions between you and other members of our Services, but we will not abide by or guarantee them, so please use good judgment and keep safety in mind when you use our Services. You must take all reasonable precautions when interacting with other members, particularly when meeting a stranger in person for the first time. We may verify the address of a user, but that alone is not grounds to reduce the risk of misconduct by a member, nor is it a guarantee of any member’s identity or good faith.
Account Registration and Security.
We offer three types of accounts: accounts: (i) main account for general users who register into the App; (ii) account for users that apply to be couriers in order to deliver the products and services offered by our Partners “Couriers”); and (iii) for users who operate commercial establishments offering products and services able to be ordered via our App and platform technology and delivered through our network of Couriers (the “Partners”).
By activating your account you become a registered member and gain access to certain features, including the ability to post certain information and interact with other users. You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential. Authorized users may be you or your affiliates’ employees, representatives, consultants, contractors, agents, or other third parties who are acting for your benefit or on your behalf. If you suspect a breach of security or unauthorized use of your account, you must notify us immediately of any change in your eligibility to use the App and the Services.
Suspension and Termination.
FaastHub encourages you to report violations of our Terms. Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension / termination, at our sole and final discretion, without notice and without responsibility.
FaastHub has the right, but not the obligation, to monitor any activity and ‘user generated content’ (e.g. names, photos, posts, feedback, images, comments, graphics, questions and other content) to determine compliance thereof.
We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account and/or any event, upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use the App, or if you suspect a breach of security or unauthorized use of your account.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the App and use of our Services.
You must immediately respond to any notice you receive claiming that your user generated content violates a third party’s rights, including notices under the Digital Millennium Copyright Act (‘DMCA’), and take corrective action, which may include but is not limited to promptly removing any such user generated content.
We reserve the right (but not the obligation) to monitor disputes between you and other of our users. We also reserve the right (but not the obligation) to delete items, products, services and user generated content that would be interpreted or considered offensive or spam.
Acceptable use of the App and our Site.
As our user, whether registered or not, you agree to not undertake, motivate, or facilitate the use or access of the App, the Site or the Services in order to:
Infringe these Terms, or allow, encourage or facilitate others to do so.
Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
Use any automated or manual process to obtain, copy, process, access and/or use the App, the Site and/or the Services or any part therefrom to capture unauthorized data or content, for any purpose.
Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from the Site and/or the Services or any portion or data feeds therefrom. For purposes of clarification, such actions will include the use of persons, site search/retrieval applications, software ‘robots’ and ‘spiders’ and any analogous data gathering and extraction tools, regardless of the type and amount of information intended for extraction.
Use the Site to disseminate any type of computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
Undertake any activities that are or are purported by us to be, a 'pyramid' scheme, ponzi or similar scheme.
Undertake any action that will or may cause an unreasonable load on FaastHub’s and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from the App, the Site and/or the Services.
Intercept or monitor activity via the App, the Site and/or the Services without our express authorization.
Otherwise reverse engineer, decompile or extract the proprietary code of the App, the Site and/or the Services.
FaastHub encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by children and minors. FaastHub does not knowingly provide its Services to persons under the age of eighteen (18). If you are under such age, you may only use the App under the direct supervision of your parent or legal guardian. Participants over the age of eighteen (18) may use the App and the Site freely, but are otherwise prohibited from providing FaastHub with personally identifiable information of persons under the age of eighteen (18) without the consent of their parents or legal guardians. FaastHub does not knowingly collect any kind of information from any person under the age of thirteen (13), and will delete any related information thereto.
The products offered via the Site are provided by us and by our authorized Partners. As such, Faasthub hereby reserves the right to discontinue or change their specifications and to update their availability, eligibility, prices and characteristics, at any time and without any responsibility.
As a user, you will be able to undertake many actions through our App, including but not limited to: (i) revise lists of products and services offered through the App from any amount and category of vendors; (ii) review properties of the products offered by our Partners (e.g. name, menu, location, delivery time, weight, dimensions, rating, price); (iii) select Partner and Courier preferences based upon your geo-location coordinates; (iv) choose food options from the menu (e.g. notes to Partners, address details, ‘coke without ice’, ‘no extra spice’); (v) mark items and Partners as favorite for easier future access; (vi) select/add/edit/delete the products of your choice to your cart; (vii) confirm the delivery address of the product(s); and (viii) proceed to the payment options.
The price payable by you for purchased products shall be the price stated by our Partners in the applicable ordering document or as otherwise indicated in our App (e.g. the price indicated in the “I Accept” button box on the App). All payments are non-cancelable, non-contingent and non-refundable, except as otherwise provided herein.
Please be advised that some Partners require a minimum order amount before delivery can be made, and they may also include delivery fees for certain or all of their products. Once the checkout is done, an invoice will be displayed in your account and will be sent to your registered email. Multiple orders from different Partners will be displayed in a manner that will help you differentiate your orders.
Faasthub will undertake its reasonable commercial efforts to ensure that the quoted prices and descriptions are true, accurate, updated and correct. Notwithstanding the foregoing, Faasthub cannot fully guarantee such information and, therefore prices, availability and other item specifications are subject to change.
Upon placing an order, payment must be received by each Partner prior to order processing and shipping. Once payment clears, Partner will proceed to delivery via our Couriers.
If you decide cancel your order, you may be charged a cancellation fee depending on the status of the order upon the time when you cancelled it. If you cancel an order delivery after it has been accepted by Partner but is not yet being prepared/processed by the Partner, you will not be charged a cancellation fee.
If you cancel a delivery after a Partner has started preparing/processing your order, you will be charged the price of the items, including applicable taxes, plus a cancellation fee to be indicated by our Partner.
If you cancel a delivery after it is out for delivery by Courier, you will be charged the full price of the order plus delivery regardless.
If an item has to be returned for any reason, you may be subject to a non-refundable return/restocking fee and/or Courier delivery fees to be indicated by our Partners.
Subscription Terms for General Users.
We may also offer certain subscription Services via our App. By selecting a subscription tier (as indicated in the App), you agree to pay us the subscription fees indicated there (e.g. weekly, monthly or per event). Payments will be charged on a pre-paid basis on the day you sign up and will cover the use of the Services for the indicated period.
Your subscription will be renewed automatically unless you notify us before the end of the then-applicable subscription period. If you do not choose to pause or cancel your subscription, your subscription will automatically renew and by that action you authorize us to charge you the then-applicable subscription fee. All outstanding invoices must be paid within seven (7) days. Please take into account that accounts in arrears and payments denied by third party processors will result in Service suspension.
You can elect to cancel your subscription at any time, by accessing your account and following the necessary steps. If you cancel your current subscription during the active period, you will be able to use the paid functionalities of the Services until the period ends. We offer no refunds on paid subscription fees.
Payment Processors Terms.
We use third-party payment processors such as credit card and/or PayPal to bill you through a payment account linked to your account on the App, for any purchases made through the use of the App. The processing of payments for sellers and buyers will be subject to the fees, terms, conditions and privacy policies of such payment processors. Faasthub is not responsible for any and all errors by the payment processors.
The term hereof shall begin on the date that comes first among: (i) first access to the Site; (ii) your first access or execution of our App; or (iii) FaastHub begins providing its Services to you.
The term hereof will automatically end on the earlier date of either your: (i) account deactivation, suspension, freezing or deletion of the App; (ii) access termination or access revocation for our Services; (iii) FaastHub's termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by FaastHub to you from time to time; or (v) FaastHub’ decision to make the App, the Site or Services no longer available for use, at its sole and final discretion.
Termination for Cause by FaastHub.
These Terms, along with any and all licenses granted hereof will automatically terminate if you breach any of the terms and conditions herein. For sake of clarity, upon the case where you fail to pay us any fees or charges within thirty (30) days of the invoice date, you will have fifteen (15) days to cure such breach, starting from the date you receive notice from us. If you fail to cure the breach for non-payment, FaastHub may terminate these Terms, at its sole and final discretion.
Upon termination for breach, your rights to use our Services and any information provided or generated thereby shall cease and you shall not be entitled to any compensation, credit, remedy or refund of any nature. Termination by us for non-payment will not relieve you from your payment obligations, which will continue in full force and effect. We reserve the right to reinstate your account and your access to the Services once you pay all accrued amounts to us.
FaastHub reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify the Services, the App and the Site, at any time and without notice. Any changes to these Terms will be displayed in the Site or the App, and we may notify you through by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.
Representations and Warranties.
You hereby represent, warrant and covenant that: (i) your use of our App, Site, Services and all your uploaded and used data shall be at all times compliant with these Terms and all local, state, federal and international laws and regulations applicable to you and your organization; (ii) you have obtained all necessary rights, releases and permissions to provide all your data to FaastHub and its affiliates, licensors and agents and to grant the rights granted to FaastHub in these Terms; and (iii) your data and its transfer to and use by FaastHub and its affiliates, licensors and agents as authorized by you under these Terms shall not violate any export control and electronic communications regulations the rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies.
We may support the App, the Site and our Services through advertising and other commercial opportunities. These advertisements may be tailored to the content of the App, and the nature and extent of such advertising by us is subject to change without prior notice. Please refer to our Policy for information regarding certain advertisement opt-out.
The App may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletter, you may receive information according to your user preferences. As our user, you will receive a conspicuous communication indicating your subscription thereof, and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our electronic communications, and also in your account preferences.
Links to Third Party Websites and Resources.
From time to time, the App, the Site and Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you.
From time to time, we may place ads and promotions from third party sources in the App and Site. Accordingly, your participation or undertakings in promotions of third parties other than FaastHub, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. FaastHub is not 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 third party advertisers on the App and the Site.
Any testimonial or review about our company, our products or our Services is made by the respective author and does not does not reflect FaastHub’s opinions, nor do FaastHub, its affiliates, subsidiaries, officers, employees and agents guarantee its actual veracity or make any endorsement thereof. The events, statements, images, texts, posts, information, photographs and other content and media displayed on or through the App or Site are not necessarily available and any results therefrom – which we cannot ultimately control – are out of our ultimate and complete scope. Some or all of the images shown in the App and the Site are licensed and/or purchased stock photos, and are only shown for illustration purposes.
Licenses for FaastHub.
Limited License. Faasthub grants you a limited, non-exclusive, revocable and non-transferable license to utilize and access the App, under the terms, conditions and restrictions set forth in these Terms. You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using the App and our Services, in whole or in part. Faasthub does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit the App, in whole or in part.
User generated content License. You also hereby grant FaastHub an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any content you may upload, disseminate, deliver, create or transfer any post, original audio file, message, chat, files uploaded, data inputted, e-mails sent, or otherwise any content delivered to FaastHub via the App, the Site or the Services. The aforementioned license shall be for the use and exploitation by FaastHub through the Internet and other communication means, including the right to use, reproduce, distribute, create derivative works from, modify and disseminate any content, in order for FaastHub to provide its Services. You represent and warrant to Faasthub that you have all rights, authorizations or otherwise hold sufficient title for any and all content submitted to Faasthub as set forth herein.
Open Source License. Part of the computer code incorporated into the App, Site or Services may be licensed by third parties under "open-source" or "public-source" software licenses. Henceforth, any and all open source software thereinto is not licensed under these Terms, but instead licensed under the respective open source software licenses.
Feedback. In addition, you hereby grant to FaastHub, an unlimited, non-exclusive, assignable, transferable, sublicensable, irrevocable, royalty free, perpetual and for all the countries and territories in the world, right and license to use, exploit any feedback, suggestion, enhancement, request, recommendation, correction or comment provided by you to us regarding the App, the Site and/or the Services.
Intellectual Property Rights.
The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the App and the Site are the property of –or otherwise are licensed to– FaastHub or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United States of America and other jurisdictions throughout the world. No section hereof shall be construed as intent to grant to you any right transfer or interest in the App, the Site and/or the Services, in whole or in part.
For ease of understanding, ‘intellectual property rights’ shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of the United States of America and other applicable jurisdictions.
You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the App, the Site and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.
Intellectual Property Protection.
For DMCA Takedown Notices and alleged intellectual property rights infringement within the App or the Site and/or the Services, you can get in touch with us as indicated in our contact section. Under federal United States law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney's fees.
You must notify us of your claim with subject: "Takedown Request". Once received, FaastHub will study and consider your claim and, if it believes or has reason to believe any content on the Site infringes on another’s copyright, FaastHub may delete it, disable or otherwise stop displaying it. Please note that this procedure is exclusively for notifying FaastHub and its affiliates that your copyrighted material has been infringed.
Your DMCA notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.
To the fullest extent permissible under applicable law, the App, the Site and/or the Services (hereinafter “FaastHub’s Platform”), are provided to you “as is”, with “all faults” and “as available”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. No oral or written advice provided by FaastHub, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty. The entire risk of satisfactory quality and performance resides with you. FaastHub, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.
FaastHub, and its affiliates, clients, agents, officers, licensors and/or distributors, do not warrant against interference with your use of the FaastHub’s Platform or that it will meet your specific commercial requirements; that any product recommendation, event or other suggestions from FaastHub will be available or particularly useful or produce any results, that the operation of the FaastHub’s Platform will be uninterrupted or error-free, that they will interoperate or be compatible with any other software or device used by you, that any errors therein will be corrected or that they will not be discontinued without previous notice.
Disclaimer of Damages.
In no event shall FaastHub, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the FaastHub’s Platform, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources, lost or corrupt data, re-procurement amount, anticipated savings, wasted expenditure, or other commercial or economic loss; or for any indirect, incidental, special, punitive, aggravated, exemplary, or consequential damages whatsoever arising out of or related to the FaastHub’s Platform, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not FaastHub, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages. For purposes of this limitation of liability, FaastHub’s affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce these Terms against you.
Limitation of Liability.
In no event, shall FaastHub’s, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed; (i) the actual price paid by you for the license and/or use of App, the Site and/or the Services in the twelve (12) months preceding the claim; or (ii) the amount of USD$100.00 (One Hundred United States Dollars); whichever results less; and henceforth any award for direct, provable damages shall not to exceed such total amount.
These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted.
Indemnification to FaastHub.
You shall indemnify, hold harmless, and defend FaastHub, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “FaastHub’s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such FaastHub’s Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by FaastHub); and/or (ii) any third party claim arising out of or in relation to the FaastHub’s Platform or use thereof in combination with your business platform, including without limitation, any claim that they violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person, or violates any applicable law.
In addition, you waive any applicable law or statute, which may state, in substance: “A general release does not extend to claims which the releasing party does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the released party.”
Events Outside our Control.
In no event shall FaastHub be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that FaastHub shall use reasonable efforts which are consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstances.
By disclosing any information to us, you agree to the terms of our Policy, including the terms for the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Policy.
Advertisements and Promotions. Your participation or undertakings in any promotions of third parties other than FaastHub, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. FaastHub is not 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 third party advertisers on the FaastHub’s Platform.
These terms will inure to the benefit of any successors of the parties.
Equitable remedies: You hereby acknowledge and agree that if these Terms are not specifically enforced, FaastHub will be irreparably damaged, and therefore you agree that FaastHub shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.
You will comply with all applicable export laws and restrictions and regulations of the US Department of Commerce or other United States or foreign agency or authority, and you will not use the Services to export, or allow any export or re-export in violation of any such restrictions, laws or regulations. You represent and warrant to FaastHub that you are not a prohibited party or located in, under the control of, or a national or resident of any restricted country, and that you will otherwise comply with all applicable export control laws. If you reside outside the United States, then in addition to complying with the foregoing, you will comply with any relevant export control laws in your local jurisdiction.
Language. From time to time, our Terms may be translated into other languages for your convenience. The English language version of each of these documents shall be the version that prevails and governs your use of our App, Site and Services. Upon the case of any conflict between the English language version and a translated version, the English language version will prevail.
The App and the Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletters, you may receive information according to your subscriber preferences. As our subscriber, you will receive a conspicuous communication indicating subscription therefor and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our communications, and also in your account preferences.
We will not tolerate, and we will not allow others to undertake though our Services, the app and/or Site, any and all massive delivery of unsolicited bulk communications to our users or to any third party, in compliance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act (‘CAN-SPAM Act’). Any commercial electronic communication that you receive from us, our business partners, licensors, suppliers and affiliates will require your prior consent to such communication.
Failure by FaastHub to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
You and FaastHub are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
Notices. All notices and other communications given or made pursuant to these Terms must be in writing and will be deemed to have been given upon the earlier of actual receipt or: (a) personal delivery to the party to be notified; (b) when sent, if sent by facsimile or electronic mail during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day; (c) five days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt. All communications must be sent to the respective parties to such address, facsimile number or electronic mail address as subsequently indicated by each party. Each party agrees to receive electronic documents and to accept electronic signatures, which shall thereto be considered valid substitutes for hardcopy documents and hand inked signatures.
Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect.
Waiver, Applicable Law, Dispute Resolution.
Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against FaastHub shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and AmeriScraps, you may not adjoin or consolidate any claim with more than one person's; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.
Waiver of Jury Trial. The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge.
Applicable Law. Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the State of New Jersey, United States of America, without regard to conflict of law principles.
Arbitration Procedure. In the event of any dispute or difference between the parties in relation to or arising from these Terms, including but not limited to any and all escrow services and the formation, performance, interpretation, nullification, termination or invalidation thereof, the matter shall be referred to arbitration procedure.
Any arbitration shall be managed by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Mediation Procedures. The arbitration shall be conducted in the English language in the City of Hackensack, State of New Jersey, United States of America in accordance with the provisions set forth in the Rules of the AAA. The arbitral tribunal shall comprise of three (3) arbitrators, one appointed by each of the parties and a third one, who shall preside the arbitral tribunal, shall be elected by the parties’ appointed arbitrators. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding.
The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
The arbitration must be concluded, and an award issued, no later than one hundred and twenty (120 days) following the filing of the demand for arbitration, unless all parties to the arbitration proceeding agree in writing to an extension.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.
How to Contact Us.
If you have any questions or queries about us, the FaastHub’s platform or these Terms, please contact us as indicated in our contact page: www.faasthub.com/contact.
Date of last effective update is July 25, 2017.