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Terms of use

1. Introduction

1.1. This Terms of Use together with our Privacy Policy, Terms and Conditions of Sale and Cookie Policy tells you the terms on which you may make use of Bestway websites (Bestway Sites), whether as a guest or a registered user. Use of Bestway Sites includes accessing, browsing, or registering to use Bestway Sites.

1.2. Please read these Terms of Use carefully before you start to use Bestway Sites. If you do not agree to these Terms of Use, you must not use Bestway Sites.

2. About us

2.1. When we say 'Bestway' in this Terms of Use Policy, we mean Bestway Wholesale Limited, Bestway Northern Limited, MAP Trading Limited and other members of the Bestway group of companies, including holding and subsidiary companies, namely: Bestway Group Limited, Bestway (Holdings) Limited, Bestway Securities Limited, Bestway UK Holdco Limited, Bestway Northern Holdings Limited, Oakleaf Limited, Palmbest Limited and Batleys Properties Limited.

2.2. Bestway Wholesale Limited is registered with company number 01207120, Bestway Northern Limited registered with company number 02675585 and MAP Trading Limited is registered with company number 01826942. Bestway Wholesale Limited is registered with the Information Commissioner's Office, or ICO, under registration number Z8476248, Bestway Northern Limited is registered under number Z8416220 and MAP Trading Limited is registered under number Z8416251.

2.3. When we say ‘Bestway Sites’ in this policy we mean the websites, domains and online applications owned and/or operated by Bestway.

3. Changes to these terms and Bestway Sites

3.1. Bestway may revise these Terms of Use at any time by amending this page. Check this page from time to time to take notice of any changes Bestway make, as they are binding on you. Bestway may update Bestway Sites from time to time, and may change the content at any time.

4. Accessing Bestway Sites

4.1. The Bestway Wholesale Limited mobile app and website site is made available free of charge. You can download the app by clicking on this link and accepting the licence agreement. You are responsible for making all arrangements necessary to access Bestway Sites.

4.2. Bestway does not guarantee that Bestway Sites, or any content on them, will always be available or be uninterrupted and does not guarantee that they or any content on them will be free from errors or omissions. Access to Bestway Sites is permitted on a temporary basis. Bestway may suspend, withdraw, discontinue or change all or any part of the Bestway Sites without notice. We will not be liable to you if for any reason any of the Bestway Sites are unavailable at any time or for any period.

4.3. You are also responsible for ensuring that all persons who access Bestway Sites through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

4.4. Bestway Sites are directed to businesses in the United Kingdom. We do not represent that content available on or through the Bestway Sites are appropriate or available in other locations. If you choose to access Bestway Sites from outside the United Kingdom, you do so at your own risk.

5. Your account and password

5.1. If you choose, or you are provided with, a customer account number, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

5.2. We have the right to disable any customer account or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

5.3. If you know or suspect that your account details or password are no longer confidential then you must reset your password and promptly notify us via the online ‘Contact Us’ facility.

6. Intellectual property rights

6.1. Bestway is the owner or the licensee of all intellectual property rights in the Bestway Sites and mobile application, and in the material published on it.

6.1.1. You must not modify any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

6.1.2. You must not use any part of the content on any Bestway Sites for commercial purposes other than to purchase our products and services.

7. Acceptable use

7.1. Access to our product listings and prices are limited to registered customers only and are confidential to our customers and may not be disclosed to any third party.

7.2. You may not use the Bestway Sites or mobile application:

7.2.1. In any way that breaches any applicable local, national or international law or regulation;

7.2.2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

7.2.3. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

7.2.4. To reproduce, duplicate, copy, display or sell any part of Bestway Sites or its content or use any content other than for the purchase of our products and services and may not use any data mining, data robots or any other similar tool for any purpose;

7.2.5. Access without authority, interfere with, damage or disrupt any part of Bestway Sites, any equipment or network on which Bestway Sites is stored or any software used in the provision of Bestway Sites.

7.3 In the event of a breach of the Terms of Use of Bestway Sites or mobile application then we may at our discretion withdraw your right to use Bestway Sites and take any action against you we deem appropriate.

8. No reliance on information

8.1. Although we make reasonable efforts to update the information on Bestway Sites, we make no representations, warranties or guarantees, whether express or implied, that the content on Bestway Sites is accurate, complete or up-to-date.

9. Limitation of our liability

9.1. Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Bestway Sites or any content on it, whether express or implied.

9.2. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with use of, or inability to use the Bestway Sites, use of or reliance on any content displayed on the Bestway Sites. We will not be liable for any loss of profits, business interruption, loss of business opportunity or any indirect or consequential loss or damage.

9.3. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Bestway Sites or to your downloading of any content on it, or on any website linked to it.

9.4. We assume no responsibility for the content of websites linked on Bestway Sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

10. Uploading content to Bestway Sites/ posting

10.1. Whenever you upload content to the Bestway Sites, you must comply with the provisions in these terms on acceptable use. You warrant that such content does comply with those terms and that you will be liable to us and indemnify us for any breach of that warranty.

10.2. We reserve the right to remove any content that does not comply with these Terms of Use.

11. Viruses

11.1. We do not guarantee that the Bestway Sites will be secure or free from bugs or viruses.

11.2. You are responsible for configuring your information technology, computer programmes and platform in order to access the Bestway Sites. You should use your own virus protection software.

11.3. You must not misuse the Bestway Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Bestway Sites, the server on which the Bestway Sites is stored or any server, computer or database connected to the Bestway Sites. You must not attack the Bestway Sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Bestway Sites will cease immediately.

12. Links

12.1. You shall not link to our home page, or website pages without our written consent. Where Bestway Sites contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

13. Applicable law

13.1. These Terms of Use, its subject matter and its formation are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

14. Contact us

14.1. To contact us, please email us using the online ‘Contact Us’ link facility.

Last revision: 24 May 2018

 
 
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