Terms of use

These Terms govern

• the use of Bestway sites and
• any other Agreement or legal relationship with the Owner

in a binding manner. Capitalized expressions are defined in the relevant section of this document.

The User is requested to read this document carefully.

Owner of Bestway and related Services

Bestway Europe S.p.A., Via Resistenza, 5 20098 San Giuliano Milanese (MI), VAT number: IT02561670130 and its European affiliates act as Data Controllers of the Collected Data.

Information about Bestway sites

Except for the e-commerce site in countries where available, Users cannot purchase any product or service on Bestway sites. Users can view the product catalog, search for Bestway product retailers, and send contact, assistance, or warranty extension requests to Bestway.

Introduction

This document

This document constitutes a legal agreement between you, as a User, and the company that manages Bestway and governs your use of the website and, in any case, the use of the services provided. “Legal Agreement” means that the terms of this agreement, once accepted by the User, are binding on the latter.

For simplicity, “User”, “you”, “your” and similar terms, both in the singular and plural, refer to you, the User. “We”, “our” and similar terms refer to the company that owns and manages Bestway. “Bestway” refers to this site and/or application. “Contract” refers to this document, as amended from time to time. The Contract is concluded in Italian. Other definitions can be found in the “Definitions” section at the end of this Contract.

Acceptance of the Contract

To use Bestway, you must read and accept the Contract by clicking on the specific acceptance button. If you do not accept the Contract, you will not be able to use the Service.

Content of Bestway and prohibited use

Content provided by the User

Users are responsible for their own content and that of third parties that they share on Bestway, by uploading, inserting content, or in any other way. Users indemnify the Owner from any liability in relation to the unlawful dissemination of third-party content or the use of Bestway in ways contrary to the law.

The Owner does not moderate the content published by the User or third parties but undertakes to intervene in response to reports from Users or orders issued by public authorities regarding content deemed offensive or illegal.

In particular, the Owner may suspend or interrupt the display of content if:

• complaints are received from other Users;
• a report of intellectual property rights violation is received;
• it is deemed necessary in anticipation of, or following, legal actions;
• such action is requested by a public authority; or
• it is believed that such content, remaining accessible through Bestway, could put Users, third parties, the availability of the Service, and/or the Owner itself at risk.

Rights to content provided by Users

The only rights granted to the Owner in relation to the content provided by Users are those necessary for the operation and maintenance of Bestway.

Unless otherwise specified, by submitting, publishing, or displaying content on or through Bestway, the User grants the Owner and other Users a territorial, non-exclusive, free, and sublicensable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content with any support or distribution method currently available or developed in the future.

Content provided by third parties

The Owner does not perform any prior moderation on the content or links provided by third parties shown on Bestway. The Owner is not responsible for such content and its accessibility.

Services provided by third parties

Users can use services or content included in Bestway provided by third parties, but they must first have read and accepted the terms and conditions of such third parties. Under no circumstances can the Owner be held responsible for the proper functioning or availability, or both, of services provided by third parties.

Unauthorized use

The Service must be used as established in the Terms.

Users may not:

• perform reverse engineering, decompile, disassemble, modify, or create derivative works based on Bestway or any part of it;
• circumvent the computer systems used by Bestway or its licensors to protect the content accessible through it;
• copy, store, modify, change, prepare derivative works, or alter in any way any of the content provided by Bestway;
• use any robot, spider, site search/retrieval application, or any other device, process, or automatic means to access, retrieve, scrape, or index any portion of Bestway or its content;
• rent, license, or sublicense Bestway;
• defame, offend, harass, threaten, or otherwise violate the rights of others;
• disseminate or publish illegal, obscene, unlawful, defamatory, or inappropriate content;
• unlawfully appropriate the account in use by another User;
• register or use the Service to approach Users to promote, sell, or advertise in any way products or services of any kind through Bestway;
• use Bestway in any other improper way that violates the Terms.

Indemnity and limitation of liability

Indemnity

The User agrees to indemnify the Owner (as well as any subsidiaries or affiliates, its representatives, directors, agents, licensees, partners, and employees) from any obligation or liability, including any legal expenses incurred to defend in court, arising from damages caused to other Users or third parties, in relation to content uploaded online, the violation of the law, or the terms of these service conditions.

Limitation of liability

Bestway and all functionalities accessible through Bestway are made available to Users, under the terms and conditions of the Contract, without any warranty, explicit or implicit, that is not mandatory by law. In particular, no warranty is provided for the suitability of the services offered for the specific purposes that the User intends to pursue.

The use of Bestway and the functionalities accessible through Bestway is carried out by 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 and third parties exclusively for willful misconduct or gross negligence when these constitute an immediate and direct consequence of Bestway’s activity. Therefore, the Owner will not be liable for:

• any losses that are not a direct consequence of the Owner’s breach of the Contract;
• any loss of business opportunity and any other loss, even indirect, suffered by the User (such as, but not limited to, business losses, loss of revenue, income, profits, or presumed 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 force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the Owner’s will and outside its control, such as, but not limited to, failures or interruptions of telephone or electrical lines, the internet network and/or other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber-attacks, interruptions in the provision of products, services, or applications of third parties; and
• incorrect or inappropriate use of Bestway by Users or third parties.

Common provisions

Service interruption

To ensure the best possible use of the Service, the Owner reserves the right to interrupt the Service for maintenance or system updates, informing Users through constant updates on Bestway.

Service resale

Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit any portion of Bestway and its Services without the prior written permission of the Owner, granted directly or through a specific resale program.

Privacy policy

For information on the use of personal data, Users must refer to Bestway’s privacy policy, which is considered part of these Terms.

Intellectual property rights

All trademarks of the Application, figurative or nominative, and all other signs, trade names, service marks, denominative marks, trade names, illustrations, images, logos appearing concerning Bestway are and remain the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties.

All trademarks and all other signs, trade names, service marks, denominative marks, trade names, illustrations, images, logos concerning third parties and the content published by such third parties on Bestway are and remain the exclusive property or availability of such third parties and their licensors and are protected by applicable trademark laws and related international treaties. The Owner does not own such 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 therein.

Software license

Bestway grants the User a revocable, personal, territorial, free, non-transferable, and non-exclusive license to use the Software and/or any other technical tool implemented in the Service. This license is solely for the purpose of allowing the User to use the Service, within the limits and in compliance with the Contract, API procedures, and/or any applicable regulations.

The User is required to use the Service in compliance with the intellectual and industrial property rights of the Owner.

The Software related to the Service, as well as any other copyright or intellectual property right, is the exclusive property of the Owner and/or its licensors. The User does not acquire any right or title to the Software and agrees to use it on a non-exclusive and non-transferable basis, limited to the duration of the use of the Service, through remote connectivity, via the Internet, for the provision of the Services in compliance with the Contract.

The right to use the Software does not grant any right to the original source code. All techniques, algorithms, and procedures contained in the Software and related documentation are protected by copyright and are the property of the Owner or its licensors and, therefore, cannot be used in any way for purposes other than those indicated in the Contract.

All rights and licenses granted to the User shall be considered revoked upon the expiration of the Contract.

Changes to these Terms

The Owner reserves the right to make changes to the Terms at any time, notifying the User by publishing them within Bestway.

The User who continues to use Bestway after the publication of the changes accepts the new Terms without reservation.

Assignment of the contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract all or some of the rights or obligations arising from the Terms, provided that the User’s rights hereunder are not affected.

The User may not assign or transfer their rights or obligations under the Terms without the written authorization of the Owner.

Communications

All communications relating to Bestway must be sent using the contact information indicated in the Contract.

Ineffectiveness and partial nullity

If any clause of the Terms is found to be null, invalid, or ineffective, the aforementioned clause will be eliminated while the remaining clauses will not be affected and will remain fully effective.

Applicable law and jurisdiction

These Terms and all disputes regarding the execution, interpretation, and validity of this contract are subject to the law, jurisdiction of the State, and the exclusive jurisdiction of the court where the Owner has its legal headquarters.

An exception is made for the exclusive jurisdiction of the consumer, where the law provides for it.

Definitions and legal references

Bestway (or this Application)

The structure that allows the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User governed by the Terms.

Owner (or We)

Refers to the natural or legal person who provides Bestway and/or offers the Service to Users.

Service

The service offered through Bestway as described in the Terms and on Bestway.

Terms

All conditions applicable to the use of Bestway and/or the provision of the Service as described in this document as well as in any other document or agreement connected to it, in the most updated version.

User (or You)

Refers to any natural person who uses Bestway.