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Bestway Mobile Application License Agreement

The terms of this mobile application licence (MALA) are a legal agreement between you (Customer or you) and Bestway Wholesale Limited registered under company number 01207120 with registered office address at Abbey Road, Park Royal, London, NW10 7BW (Bestway, us or we) for the Bestway mobile application software, the data supplied with the software, and the introductory video for the purposes of placing orders for our products (App); and

We license use of the App to you on the basis of this MALA and subject to any rules or policies applied by any appstore provider or operator from whose site (Appstore), you downloaded the App (Appstore Rules). We do not sell the App to you. We remain the owners of the App at all times.

The Appstore lists the operating system requirements for each type of mobile telephone or handheld device.

1. Application

1.1.  The terms of this MALA apply to the App including any updates or supplements to the App. If any open-source software is included in the App, the terms of an open-source licence may override some of the terms of this MALA.

1.2.  We may change these terms at any time by sending you a push notification with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App.

1.3.  From time to time updates to the App may be issued through the App store. Depending on the update, you may not be able to use the App until you have downloaded or streamed the latest version of the App and accepted any new terms.

1.4.  You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned by you (Devices) and to download or stream a copy of the App onto the Devices.

1.5.  You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this MALA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.

1.6.  The terms of our Privacy Policy and Terms of Use/Cookie Policy also available at www.bestway.co.uk are incorporated into this MALA by reference. Additionally, by using the App you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

1.7.  By using the App, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals that are internet-based or wireless to improve our products and services to you.

1.8.  We will make use of location data sent from the Devices. You can turn off this functionality or withdraw consent at any time by turning off the location services settings for the App on the Device. If you use the App, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.

2.  Grant and scope of licence

2.1.  In consideration of you agreeing to abide by the terms of this MALA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy, Terms of Use/Cookie Policy and the Appstore Rules, incorporated into this MALA by reference. We reserve all other rights.

2.2.  You may download or stream a copy of the App onto your Device and to view, use and display the App on the Devices as a customer of Bestway and only for that purpose.

3.  Licence restrictions

3.1.  Except as expressly set out in this MALA or as permitted by any local law, you agree:

3.1.1.  not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;

3.1.2.  not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;

3.1.3.  not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

3.1.4.  not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:

3.1.4.1.  is used only for the purpose of achieving inter-operability of the App with another software program;

3.1.4.2.  is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

3.1.4.3.  is not used to create any software that is substantially similar to the App;

3.1.5.  to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;

3.1.6.  to include our copyright notice on all entire and partial copies you make of the App on any medium;

3.1.7.  not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

3.1.8.  to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App (Technology),

together ‘Licence Restrictions’.

4.  Acceptable use restrictions

4.1.  You agree to observe our Terms of Use/ Cookie Policy and in particular the terms in respect on acceptable use which are incorporated into this agreement.

5.  Intellectual property rights

5.1.  You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, or the Technology other than the right to use each of them in accordance with the terms of this MALA.

5.2.  You acknowledge that you have no right to have access to the App in source-code form.

6.  Support

6.1.  General support and user queries about the App can be obtained by emailing either mobilesupport@bestway.co.uk or androidsupport@bestway.co.uk

7.  Limitation of liability

7.1.  You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.

7.2.  We only supply the App for to you as an approved customer of Bestway and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Any purchase or order of products from the App is subject to our terms and conditions of sale which take precedent in the event of any conflicting terms with these terms.

7.3.  We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this MALA or our negligence up to the limit specified below, but we are not responsible for any unforeseeable loss or damage.

7.4.  Our maximum aggregate liability under or in connection with this MALA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £50. This limit does not apply or exclude liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation and any other liability that cannot be excluded or limited by English law.

8.  Termination

8.1.  We may terminate this MALA immediately by written notice to you if you commit a material or persistent breach of this MALA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so or if you breach any of the Licence Restrictions or the Terms of Use.

8.2.  On termination for any reason, all rights granted to you under this MALA shall cease, you must immediately cease all activities authorised by this MALA, you must immediately delete or remove the App from all Devices and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so.

8.3.  On termination for any reason, we reserve the right to suspend sale or delivery of products to you.

9.  Communication between us

9.1.  If you wish to contact us in writing, you can send this to us by e-mail at mobilesupport@bestway.co.uk or to our registered office address. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to your customer address.

10. Events outside our control

10.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this MALA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).

10.2. If an Event Outside Our Control takes place that affects the performance of our obligations under this MALA our obligations under this MALA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control and we will use our reasonable endeavours to find a solution by which our obligations under this MALA may be performed despite the Event Outside Our Control.

11.  Other important terms

11.1.  We may transfer our rights and obligations under this MALA to another organisation, but this will not affect your rights or our obligations under this MALA. You may only transfer your rights or obligations under this MALA to another person if we agree in writing.

11.2.  If we fail to insist that you perform any of your obligations under this MALA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

11.3.  Each of the conditions of this MALA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

11.4.  Please note that this MALA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

 
 
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