Terms and Conditions of Bestway
Users of the Services offered by Bestway acknowledge and accept these terms and conditions.
Owner of Bestway and related Services
Bestway (USA) Inc.
3411 E. Harbour Drive, Phoenix,
85034, United States of America
T : 1-855-838-3888
Information about Bestway
Bestway is a showcase website of Bestway's products. On Bestway Users may not purchase any services or products. Users may view the product catalogue, find out about retailers selling Bestway products and submit contact, support or guarantee extension requests to Bestway.
This document is a legal agreement between you, the User, and the entity providing Bestway. It governs your use of the online properties and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms. For simplicity, “User”, “you”, “your” and similar terms, either in singular or plural form, refer to you, the User. “We”, “our”, “us” and similar terms refer to the corporation that owns and manages Bestway as outlined in the present document. “Bestway” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the English language. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.
Acceptance of this Agreement
In order to use Bestway, you must read this Agreement carefully and agree to accept the same by clicking the button for its acceptance. If you don’t accept this Agreement you cannot use the Service.
Content on Bestway and prohibited use of Bestway
Content provided by the User
Users are responsible for their own content and that of third parties that they share through Bestway, that they upload and post on or through Bestway, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.
In particular, the Owner may decide to suspend or interrupt the visualisation of content in the event that:
- other Users file complaints;
- a notice of infringement of intellectual property rights is received;
- it is decided to do so in view of, or as a result of, legal actions;
- said action is solicited by a public authority; or
- if it is believed that the content, while being accessible via Bestway, may put at risk the Users, third parties, the availability of the Service and/or the Owner.
Rights over content provided by Users
The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain Bestway.
Unless stated otherwise, the following applies:
By submitting, posting or displaying content on or through Bestway, the User grants a license to the Owner without territorial limits, non-exclusive, royalty-free and with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via distribution methods currently available or developed later.
Content provided by third parties
The Owner does not moderate the content or links provided by third parties before their publication on Bestway. The Owner is not responsible for the content provided by third parties or for its availability.
Services provided by third parties
Users may use third-party services or content included in Bestway, but they must be aware of these third parties' terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
The Service shall be used only in accordance with these Terms.
Users may not:
- reverse engineer, decompile, disassemble, modify or create derivative works based on Bestway or any portion of it;
- circumvent any technology used by Bestway or its licensors to protect content accessible via it;
- copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through Bestway;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Bestway or its content;
- rent, lease or sublicense Bestway;
- defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
- disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
- misappropriate any account in use by another User;
- register or use the Service in order to approach the Users to promote, sell or advertise products or services of any kind through Bestway in any way;
- use Bestway in any other improper manner that violates the Terms.
Indemnification and limitation of liability
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer's fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
Limitations of liability
Bestway and all functions accessible through Bestway are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User's specific goals.
Bestway and functions accessible through Bestway are used by the Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of Bestway. Therefore, the Owner shall not be liable for:
- any losses that are not a direct consequence of the breach of the Agreement by the Owner;
- any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
- damages or losses resulting from interruptions or malfunctions of Bestway due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner's control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications; and
- incorrect or unsuitable use of Bestway by Users or third parties.
To guarantee the Users the best possible use of the Service, the Owner reserves the right to interrupt the service for maintenance or system updates, informing the Users through constant updates published on Bestway.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of Bestway and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
Intellectual property rights
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Bestway are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on Bestway are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.
Bestway grants Users a revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software and/or any other technical means embedded in the Service provided by Bestway. This license is for the sole purpose of enabling Users to use the Service and in doing so within the limits and in compliance with this Agreement and/or any other applicable rules.
User is required to use the Service in accordance with Owner’s intellectual and industrial property rights.
The Software related to the Service, like any other copyright or other intellectual property rights, is the exclusive property of the Owner and/or its licensors. User does not acquire any right or title with respect to the Software, and acknowledges that its use is non-exclusive and non-assignable, only for the duration of the Service usage, via remote connectivity, via Internet, for the provision of Services under this Agreement.
The right to use the Software, does not grant any rights to the original source code. All techniques, algorithms, and procedures contained in the Software and their documentation is information protected by copyright and are the sole property of the Owner or its licensors, and therefore may not be used in any way by the User for purposes other than those set forth in this Agreement.
All rights and license grants to the User shall immediately terminate upon any termination or expiration of this Agreement.
Users declare to be adult according to their applicable legislation. Under no circumstance may persons under the age of 13 use Bestway.
Changes to these Terms
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within Bestway.
Users who continue to use Bestway after the publication of the changes accept the new Terms in their entirety.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to Bestway must be sent using the contacts stated in this document.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
Governing law and jurisdiction
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices.
An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
The service provided by Bestway as described in these Terms and in Bestway.
Terms and Conditions (or Terms)
These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.
Any user of the Service, whether a human being or legal entity.