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Terms of Use

Bestway Cement Limited Website Terms of Use

This Site is owned and operated by Bestway Cement Limited (“Bestway”).

References in the following terms (“Terms of Use”) to “we” and “our” are to Bestway, its affiliate offices and companies (collectively "Bestway Group").

 "Entity" means any individual, corporation, partnership, joint venture, association, joint stock company, limited liability company, trust, estate, unincorporated organisation or government organisation (including a subdivision, agency or authority thereof), whether foreign or domestic.

1. Acceptance of Contract Terms

These Terms of Use constitute a legally binding agreement between you and Bestway. By accessing, browsing and/or using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not use this Site. All content including but not limited to text, graphics, logos, designs, sounds and images (the "Materials") provided on this Site is protected by law, including, but not limited to, copyright law and international treaties.

2. Access Codes

You or your authorised users may have been provided a user name (“User Logon ID”) and password for access to some or all of the services provided on or through this Site (collectively, “Access Codes”). You must use the Access Codes in order to access or use any services or information offered by Bestway or its affiliates on or through this Site. You must keep secure and protect your Access Codes, and must not disclose your Access Codes to any unauthorised person. You are fully responsible for all activities that occur under your Access Codes. You must notify Bestway immediately if you become aware of any unauthorised use of your Access Codes, or any loss or theft of your Access Codes or any records thereof, or if you believe that any of your Access Codes have become known to any unauthorised person. Upon being so notified, Bestway may, in its sole discretion, revoke your password and/or User Logon ID and issue new Access Codes to you. Bestway may in its sole discretion invalidate any of your Access Codes at any time for any reason, including without limitation if it has not been used to access this Site for some period of time.

3. Code of Conduct

When using this site, you also agree not to:

  • Restrict or inhibit any other user from using or enjoying this site, including without limitation by means of "hacking" or defacing any portion of this site;
  • Transmit any information or software that contains a virus, worm, time bomb, Trojan horse or other harmful or disruptive component;
  • Reproduce, duplicate, copy, sell, resell or exploit for any commercial or unlawful purposes, the Materials or any portion thereof, your right to use this site, or your right to access any services offered or made available on or through this site.
  • Remove any copyright, trademark, or other proprietary rights notices contained in this site or on any material downloaded from this site;
  • Submit Communications (as defined in Paragraph 6 of these Terms of Use) that you do not have the right or authority to submit under any law or any contractual or fiduciary relationship (such as trade secrets and confidential information);
  • Post or transmit to or from this site any unlawful, threatening, libellous, defamatory, obscene, pornographic, offensive or other similar material;
  • Use this site to conduct, or solicit the performance of, any unlawful activity or other activity which infringes the rights of others;
  • Interfere with or disrupt this Site or any services provided thereon or thereby, or any servers or networks connected to this Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site;
  • Frame or mirror any part of this Site without Bestway’s prior written authorisation;
  • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of this Site or the Materials provided on this Site; or
  • Violate any law, regulation or contract.

You shall comply with all applicable laws and regulations regarding online conduct and content. You will provide accurate and current information on all registration forms or Communications on this Site. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity, or misrepresent the origin of any content posted on or distributed through this Site.

4. Intellectual Property

The Materials and any software (the "Software") used, displayed or made available on this Site are the property of the Bestway and/or Bestway Group Companies, their content suppliers, guest vendors or licensors and are protected by applicable local and international copyright, patent and other laws. Without limiting the foregoing, the compilation (meaning the collection, arrangement and assembly) of the Materials is the exclusive property of Bestway and protected by applicable local and international copyright, patent and other laws. The Materials and Software used, displayed or made available on this Site may be used only for the purpose of conducting business on this Site. Any other use, including without limitation the reproduction, modification, distribution, transmission, republication, display or performance, of the Materials or the Software is strictly prohibited; except only that you may print or download extracts from the Materials or the Software for your personal, non-commercial or internal business use. If you download any Software from this Site, such Software, including without limitation any files or data therein, or images incorporated in or generated by the Software, is licensed on a limited basis to you by Bestway or the owner of such Software. Title to the Software is not transferred to you. You own the medium on which the Software is recorded, but Bestway or its licensors retain all right, title, and interest in and to the Software, and all intellectual property rights therein. You may not re-sell, rent, transmit, transfer or distribute the Software, or attempt to decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. Any unauthorised use, modification or reproduction of the Materials, the Software or other content and material that is provided on this Site and that is protected by proprietary rights, is strictly prohibited and no express or implied license is granted in respect thereof. You acknowledge that you do not acquire any ownership rights in any such Materials, Software or other content or material by your use of this Site.

5. Trademarks

All trademarks, service marks, logos and trade names are proprietary to the Bestway and/or Bestway Group Companies or to guest vendors where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

6. User Submissions

Except for personally identifiable information which is protected under Bestway’s Privacy Policy, any and all other material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary communications ("Communications"). You agree to strictly comply with paragraph 3 (Code of Conduct) in respect of all Communications. Bestway does not and cannot screen any content or Communications provided by users of the Site. Notwithstanding the foregoing, Bestway reserves the right to monitor content on and Communications to this Site, and to remove content or Communications which Bestway, in its sole discretion, determines to be harmful, offensive or otherwise in violation of these Terms of Use. Bestway does not and cannot guarantee the security of any Communications, and assumes no obligations with respect thereof. You agree to assume the security risk for any Communications you provide. You hereby grant to Bestway and its designees a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, transferable and non-exclusive license to reproduce, disclose, distribute, incorporate, edit, modify and otherwise use the Communications (including without limitation all data, images, sounds, text, and other content embodied therein) for any and all commercial or non-commercial purposes. You agree that you shall have no recourse against Bestway and/or any Bestway Group Company for any alleged or actual infringement or misappropriation of any intellectual property, proprietary or other right in or relating to any Communications.

7. Dealing with Bestway at this Site

Except where otherwise expressly indicated, your dealings on this Site are with Bestway. With respect to the provision or purchase of certain products or services on or through this Site, additional terms and conditions may apply, which additional terms and conditions will supplement these Terms of Use.

8. Availability of Product and Services

Reference to any product or service on this site does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available in or outside Pakistan everywhere or that the name, description or specification of the product or service will be the same as that included on this Site. Specific advice concerning the availability and suitability of any particular product or service may be sought from Bestway.

9. Investment in Bestway

No information at this site shall constitute an invitation to invest in Bestway or Bestway Group. The price of shares and the income derived from them can go down as well as up and investors may not get back the amount originally invested. Past performance is not necessarily a guide to future performance.

10. Use of Information About Your Activities at this Site

This is a business-oriented Web site. Information that Bestway collects hereon or in relation hereto (other than personally identifiable information which is protected under Bestway’s Privacy Policy) may be used by Bestway for any lawful business purpose, and may be shared by Bestway with others (including without limitation its affiliates). Similarly, information collected on this Site by guest vendors may be used by them for any lawful business purpose and may be shared by them with others.

11. Bestway Privacy Policy

Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices in relation to information that we collect about you and your activities on this Site.

12. Links to Other Web Sites

Links on this Site to other websites operated by third parties, or by Bestway, or another Bestway Group Company, are provided solely as a convenience to you. If you use these links, you will leave this Site. Bestway does not review these websites; cannot and does not control and is not responsible for any of those websites or their content. As such, Bestway cannot and does not endorse or make any representation or warranty as to the accuracy, authenticity, reliability or completeness of any material in them, or any information, software or other products or materials provided thereon, or any results that may be obtained from using them. If you decide to access any of the websites linked to this Site, you do so entirely at your own risk.

13. Disclaimer

This Site is provided by Bestway on an "as is" and "as available" basis. Bestway makes no representations or warranties of any kind, express or implied, as to the operation of this Site, the Materials or Software, or any information made available on or through this Site. Bestway makes no representations or warranties of any kind, express or implied, as to any products or services offered on this Site except as expressly contained in written documentation accompanying such products or services or elsewhere on this Site. To the full extent permissible by applicable law, Bestway disclaims any and all warranties, express or implied, including but not limited to, implied warranties of title, merchantability, non-infringement and fitness for a particular purpose, with respect to all of the foregoing.

Furthermore, Bestway does not warrant the accuracy, reliability or completeness of the information provided on or through this Site. Bestway may make changes to the Materials, Software and any and all information provided on or through this Site (including without limitation information relating to the products, services and prices provided on this Site), at any time without prior notice to users of this Site. Information on the Site therefore may not be current at the time you visit this Site and may contain errors. Bestway does not warrant that the services available on or functions performed at this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server(s) that makes it available are or will be free of viruses or other harmful components.

14. Limitation of Liability

In no event will Bestway or any Bestway Group Company or affiliate, any of its or their directors, employees, advisors, suppliers, advertisers, agents and sponsors, be liable for any damages of any kind arising from the use of, inability to use, or results of using, this Site or any of the products, services or features (including without limitation any Materials, Software or Communications) provided thereon, including but not limited to direct, indirect, incidental, exemplary, special, punitive and consequential damages, and whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. In no event will Bestway, any Bestway Group Company, an affiliate, any of its or their suppliers, or other third parties be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use of, inability to use, or the results of using, any websites linked to this Site, including without limitation damages relating to the use of any information, products, services or software contained at or provided on any or all such linked sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. Without limiting any of the foregoing, if your use of any of the Materials, information or Software from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs and risks in relation thereto.

Any cause of action or claim you may have with respect to this Site must be commenced within one (1) month after the claim or cause of action arises, otherwise such claim or cause of action shall be barred. In no event shall Bestway’s, any Bestway Group Company’s, or any affiliate’s total liability to you for all damages, losses and cause of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.

15. Indemnification

You agree to indemnify, defend and hold Bestway, the Bestway Group Companies, its and their affiliates and any of its and their directors, employees, advisors, suppliers, advertisers, agents or sponsors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms of Use; (ii) your violation of the Code of Conduct above; and/or (iii) your activities in connection with this Site.

16. Revisions to These Terms of Use

Bestway may at any time revise the Terms of Use by updating the then-current version thereof posted on this Site. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page of this Site to determine the most current version of the Terms of Use to which you are bound. Certain provisions of the Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

17. Termination

Bestway reserves the right to restrict access to this Site to any person, and may at any time in its sole discretion without notice and without cause bar access to this Site by any person, including persons who previously have access including, without limitation, where Bestway determines, in its sole discretion, that you have breached or may breach any provision of these Terms of Use. The provisions of paragraphs 3 (Code of Conduct), 4 (Intellectual Property), 5 (Trademarks), 6 (User Submissions), 11 (Disclaimer), 12 (Limitation of Liability), 13 (Indemnification), 16 (Governing Law), 17 (Jurisdiction) and 18 (Miscellaneous) shall survive the termination of these Terms of Use.

18. Governing Law

The Terms of Use and any claim arising from the use of this Site shall be governed by and construed in accordance with the laws of Pakistan, without giving effect to any principles of conflicts of law.

19. Jurisdiction

Bestway and you hereby agree to submit to the exclusive jurisdiction of the courts of Pakistan.

20. Miscellaneous

In the event any provision of these Terms of Use is determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable such provision shall be deemed to have been deleted from these Terms and Use, while the remaining provisions shall remain in full force and effect. Bestway’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither shall the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use.

21. Langugage

These Terms of Use may be translated into local languages for convenience purposes. In the event of inconsistency between this English version and the local language, the English version shall prevail.

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© 2011 Bestway Cement   |   Terms of Use