Introduction

Welcome to BESTEK! These Terms of Use constitute a legal agreement between you and BESTEK ( “we” or “us”) , including but not limited to any BESTEK branded media sites, to governs your use of the Website, the purchase and use of any BESTEK products (“Product”) through the Website, as well as any services available by BESTEK on or through the Site (collectively, "Services"). 

By using the Website, you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use the Website. Please read these Terms, our Privacy Policy and any other terms referenced in this documen t carefully before you use the site or the services.

These Terms of Use may be updated from time to time, so please review it frequently. If we change our Terms of Use, you can check the revised version we post and the updated revision date in the “Changes of Our Terms of Use”. If we make material changes to our Terms of Use, we will notify you by email or a prominent notice posted on the Site. Please also keep an eye on our site notice. If any changes to these Terms of Use are adjudicated to be invalid or unenforceable, the original Terms of Use agreed to by you will continue to be valid.

  • Using the site, content
    and our services

  • When you use our site or any services, please obey the rules approved by BESTEK. The BESTEK Service and the Content are the property of BESTEK or BESTEK’s licensors. We grant you limited, non-exclusive, revocable permission to make use of the BESTEK Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, ”Access”). This Access shall remain in effect until and unless terminated by you or BESTEK. You promise and agree that you are using the BESTEK Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the BESTEK Service or the Content.

  • License to Use the Site, Content, and Services

    The license doesn’t include:

    ● Republish material from the Website (including republication on another website), sell, rent or sub -license material from the website;

    ● Reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;

    ● Edit or otherwise modify any material on the website;

    ● Redistribute material from the Website except for content specifically and expressly made available for redistribution;

    ● Unless otherwise stated, or its licensors own the intellectual property rights in the website and material on the Website, and all rights not expressly granted in this Agreement are reserved by BESTEK.

  • Limitations to Use the Site, Content

    You may use the BESTEK site and services, but please:

    ● Don’t misuse the services;

    ● Don’t gain access to any systems or networks connected to any of the Services through any means that we do not intentionally make available through the Site;

    ● Don’t use any device, software or routine to try to modify, intercept, or interfere with the Site and the Services or with any other person’s use of the Site or Services.

    ● Do not copy, sell or otherwise exploit for a commercial purpose any part of the Site or Service that we provide to you, without our written agreement.









Using the Content



All BESTEK trademarks, service marks, trade names, logos, domain names, and any other features of the BESTEK brand (“BESTEK Brand Features”) are the sole property of BESTEK or its licensors. You cannot use content from our Site unless you obtain permission from BESTEK or are other wise permitted by law. Do not remove, obscure, or alter any trademarks or legal notices displayed on our Site.

You may use BESTEK product information including the product user manual, product specifications in forms of words or documentation made available by BESTEK for download from the Site or the authorized third parties, provided that:



● Only for your personal, non-commercial use;
● Do not modify the Documentation;
●Do not remove any proprietary rights notices.





Eligibility



By accessing and/or using the Website, you represent and warrant that you are at least eighteen (18) years of age, and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using the Website on behalf of a business entity, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that business entity.

Privacy

By using the Website, you represent and warrant that you have read and understood and agree to be bound by BESTEK’s Privacy Policy, which is incorporated into this Agreement by reference.

As explained more fully in the Privacy Policy, the Website uses Cookies to collect certain information from you. By using the Website and agreeing to these Terms of Use, you consent to BESTEK’s use of cookies in accordance with the terms of our Privacy Policy.



User account

To access and use certain parts of BESTEK site, you may be required to create a user account and a password for that account, and to provide information that personally identifies you. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to be responsible for all behaviors that occur under your account, and also agree that any information in your account including your name, email address, shipping address, preferences, are true and accurate when setting up your account. To avoid that your personal information is disclosed unintentionally, please don’t share your account or password to others.

BESTEK respects and protects personal privacy according to our Privacy Policy. BESTEK will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by BESTEK or another party due to someone else using your account or password as a result of your failure to keep your account information secure and confidential. You may not use anyone else’s account at any time without the permission of the account holder. BESTEK will not be liable for any loss or damage arising from your failure to comply with these obligations.

You agree to immediately notify BESTEK the unauthorized use of your account or password or any other breach of security. You can contact us via support@bestekmall.com.



User Content

User contents in BESTEK Terms of Use here include but not limited text, images, audio material, video material, and audio-visual material. These contents will be collected when you submit or register an account. You retain the ownership of any intellectual property rights that you hold in any content.

You may submit such contents including comments, suggestions, or feedback voluntarily or under the invitation from BESTEK. Such contents are used to help us improve BESTEK Products and Services. By submitting such contents, you agree that your submissions are voluntary, gratuitous, unsolicited, non-confidential and without restriction and will not place BESTEK under any fiduciary or other obligation.

By using BESTEK services, you agree to grant to BESTEK a worldwide license to use, reproduce, modify, publish, communicate and distribute your content in any existing or future media. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services. This license continues even if you stop using our Services. You can access your content, or to change or delete your content. If there are any problems when doing these, please contact us at support@bestekmall.com.



Intellectual Property

BESTEK respects intellectual property rights and you are also required to obey all applicable laws and respect the intellectual property rights of others when using the site and services. Your account will be disabled or shut down if it is suspected of infringing another person’s intellectual property rights one time or more, or publishing inaccurate or illegal content (as the case may be) according to our policy.

As mentioned in the “Using the Content”, Intellectual Property covers trademarks, service marks, trade names, logos, domain names, and any other features of the BESTEK brand. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials if it violates any third party's copyrights, trademarks, or other intellectual property rights.



Warranty Disclaimer

You understand and agree that the BESTEK service is provided“as is“ and “as available,“ without express or implied warranty or condition of any kind. BESTEK and all owners of the content make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. neither BESTEK  nor any owner of content warrants that the BESTEK service is free of malware or other harmful components. in addition, BESTEK makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third-party applications (or the content thereof), user content, devices or any other product or service advertised, promoted or offered by a third party on or through the BESTEK  service or any hyperlinked website, or featured in any banner or other advertising and BESTEK is not responsible or liable for any transaction between you and third-party providers of the foregoing.

No advice or information whether oral or in writing obtained by you from BESTEK shall create any warranty on behalf of BESTEK. while using the BESTEK service, you may have access to explicit content filtering features, but the use of these features may still result in some explicit content being served and you should not rely on such features to filter all explicit content.

Without limiting the foregoing, nothing in this section shall have the effect of limiting BESTEK's liability in the event of total or partial non-performance or inadequate performance of its essential obligations for providing the service under the agreements. this section applies to the fullest extent permitted by applicable law.

This section does not affect your statutory rights as a consumer.



Copyright Policy




If you believe that any of the copyrighted material that is directly available on BESTEK site or via BESTEK services have been infringed, please lt us know by emailing.



To support@bestekmall.com with a written notice that includes the following information:


● A physical or electronic signature of the owner authorized to act on behalf of the owner.
● A specific description of each copyrighted work that you claimed to have been infringed.
● A statement that you believe the use of the work is not authorized by the copyright owner, its agent, or the law;
● A description of where the material that you believe to be infringed is located on our site.
● Your address, telephone number, and email address;
● A statement by you indicates that the information listed in the copyright infringement notice is true and accurate, that you are the copyright owner or authorized to act on behalf of the copyright owner. If the content of the statement is not true, it will be legally liable for allegedly providing perjury.


We should also let you know that BESTEK has the policy to terminate in appropriate circumstances that the accounts of subscribers who are repeat infringers.

  1. Limitations of Liability

    In no event shall BESTEK or its licensors or suppliers be liable to you for any claims arising from your use with the Website, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or Websites, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to BESTEK er the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between BESTEK and you. The Website would not be provided without such limitations.

  2. Third Party 

    BESTEK may be linked with websites operated by third parties, some of which may have established relationships with BESTEK and some of which may not. The third parties may have their own terms and conditions of use and privacy policies, and BESTEK doesn’t control over the content and performance of third party websites. Once you leave the site and services, your activities are governed by the terms of use and privacy policies of the third party sites. You understand and agree that BESTEK is not responsible or liable for the behavior, features, or content of any Third Party Sites. We encourage you to carefully read the terms of use and privacy policies of any website you visit.

  3. Forums Rooms

    BESTEK set up an open discussion forum or community for all customers to chat or share any information about BESTEK products, services, etc. You agree that the information is available to others, and can be read, collected, forwarded or used by other users of these forums, potentially inside or outside BESTEK, who have access to that forum. You agree that you are responsible for any of your opinion on a forum or chat room. You also agree that BESTEK is not responsible for any personal information or any information you submit and will disable or ban your forum account if any of the information you provide is considered as reflecting the opinion of BESTEK or suspected of violation of the rights of others. Please recognize that BESTEK forums also have its own additional rules and conditions, privacy policies.









Assignment




BESTEK may deal with BESTEK’s rights and/or obligations under these Terms of Use by transferring, sub-contracting or otherwise without notifying you or obtaining your consent. You may not assign, transfer or sub-license the whole or part of the Agreements under these Terms of Use.






Term and Termination




Both you and BESTEK can terminate this contract at any time. Before termination, the agreement continues to apply to you. You understand and agree that BESTEK will terminate the agreement with you immediately or suspect your BESTEK account if you post any user content or that violates the user guidelines. Once the agreement is terminated, you will not have the right to access or use the site or services. The following will not be terminated:

● BESTEK's right to use and disclose your feedback;
● “Members” and/or “Guests” have the license to the content and information that you have copied or shared prior to the termination of the Agreement;
●The fees owed by either party prior to the termination of the agreement will remain after the termination.






Purchase & Payment




By purchasing any of our paid products or services, you agree to pay us the fees and taxes and agree to the additional terms applicable to the paid services. Failure to pay these fees will result in the termination of the paid service. You will also be required to provide us with your personal information including the shipping information, your billing information and your credit card or debit card information.

In addition, you agree to:

  • ● There may be foreign exchange transactions at the time of purchase, or price differences based on geographic location, such as exchange rates.
    ● All services purchased are subject to the BESTEK refund policy.  Purchase & Payment.
    ● If you purchased BESTEK products on Amaozn.com, ebay.com, walmart.com, wish.com, or use the payment processing services of paypal.com or oceanpayment.com, you agree that your purchase and payment are governed by the terms of use, privacy policy, refund policies and other policies or agreements of those third parties.

  • ● Even after your payment method (such as a credit card) expires, we can continue to store and use your payment information to avoid interruption of the Service and to pay for other "services" that you may purchase.
    ● We will calculate the tax you should pay based on the payment information provided at the time of purchase. 
    ● If you are not satisfied with BESTEK products purchased by you, please contact us via support@bestekmall.com with the information including the order number, receipt and problem description in forms of words, photos or videos, to return and replace the product.

User Guidelines



You understand and agree with the following rules when using BESTEK site and services:


● Comply with all applicable laws, including but not limited to privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
● Provide accurate information and update information in a timely manner;
● Use your real name in your professional file;
● Use "services" in a professional manner.



You also understand and agree that you can’t do the following things:



● Create false identities, distort identity, create member profiles for anyone other than yourself (the real person), use or attempt to use someone else's account on BESTEK site.
● Develop, support, or use the software, devices, scripts, automated programs, or any other method or process (including crawlers, browser plug-ins, and add-ons, or any other technology) to perform "service" data collection or copying professional files in the "services", etc. other information;
● Override any security features, or bypass or circumvent any access control or service usage restrictions (such as keyword search or file view caps);
● Reproduction, use, disclosure or transmission of any information obtained through the Service, whether obtained directly or through a third party (such as a search engine) without the consent of BESTEK;
● Disclose information that you are not authorized to disclose, such as confidential information of others, including information about your employer;
● Infringe on the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights; for example, you may not copy or distribute (unless through the available sharing functions) other people's articles or content without the permission of others. Others may post articles and content under a Creative Commons license, indicating that copying or dissemination is permitted;
● Infringes on the intellectual property or other rights of BESTEK, including but not limited to (i) copying or transmitting our product images, videos or other materials; or (ii) copying or distributing our technology, except for technologies released under an open-source license; (iii) use the word "BESTEK" or our logo in any trade name, email address or web address;
● Publish any content that contains software viruses, pests, or other harmful code;
● Reverse engineering, decompiling, disassembling, deciphering, or attempting to derive source code for "services" or any related non-open source technologies;
● Implied or declared that you are a BESTEK user or recognized by BESTEK, without the express consent of BESTEK, for example, A trainer who claims to be a BESTEK certification;
● Rent, lease, lend, trade, sell/sell, or otherwise profit from “services” or related data without the consent of BESTEK, or obtain relevant data;
● Deeply link to “Services” without the consent of BESTEK to promote your BESTEK profile or for any purpose other than a group;
● Access the Service, add or download contacts, send or redirect information using automated programs ("bots") or other automated methods;
● Monitor the availability, performance or functionality of the Service for any competitive purpose;
● Overwrite or otherwise modify the "service" or its appearance (such as inserting elements into a service or removing, overwriting, or obscuring ads contained in a service);
● Interfere with the operation of the "service" or impose an unreasonable load on the "service" (such as mass mailing, denial of service attacks, viruses, game operations);
● Violation of the Community Policy or any additional terms as set forth in your registration or commencement of the use