TERMS OF SERVICE

A. General Terms

  1. Your Relationship With Us

Welcome and thank you for your interest in the BEST EXPRESS mobile applications (each, an “App”) and websites (each, a “Website”) set forth in the table below. For the purposes of this document (the “Terms”), “BEST”, the “Company”, “we” or “us” refers to the applicable contracting entity, set forth in the table below, and its affiliates.

LocationAppWebsiteBEST Contracting Entity 
CambodiaBEST EXPRESS KHhttps://www.best-inc.com.kh/BEST Logistics Technology (Cambodia) Co., Ltd.Registered address: Exchange Square Building, Floor 14, No. 19 & 20, St. 106, Phum 2, Sangkat Wat Phnom, Khan Daun, Phnom Penh, Cambodia
MalaysiaBEST EXPRESS MYhttps://www.best-inc.my/BEST Global Logistics Technology (Malaysia) Sdn. Bhd. Registered address: No. 1, Jalan Anggerik Mokara 31/47, Kawasan Industri Kota Kemuning, 40460 Shah Alam, Selangor, Malaysia
SingaporeBEST EXPRESS SGhttps://www.best-inc.sg/BEST Logistics Technology (Singapore) Pte. Ltd.Registered address: 16 Collyer Quay, Level 12, Income@Raffles, Singapore 049318
Thailand BEST EXPRESShttps://www.best-inc.co.th/https://www.best-logistics.co.th/BEST Logistics Technology (Thailand) Co., Ltd.Registered address: 825 Phairojkijja Building, 12A floor Debaratana Rd., Bangna Nuea, Bangna, Bangkok 10260
VietnamBEST EXPRESS VNhttps://www.best-inc.vn/BEST Logistics Technology (Vietnam) LimitedRegistered address: Floor 21, Tower A, Viettel Building, 285 Cach Mang Thang Tam, Ward 12, District 10, HCMC, Vietnam  

These Terms form an agreement between you and us and set forth the terms and conditions by which you may access and use our applications and content (including but not limited to the App and Website) (the “Service”). Our Service is provided for commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Service. 

The Terms form a legally binding agreement between you and us. Please read them carefully. If you do not agree with these terms, you may not use the Service. 

The Service is only for people 18 years old and over (except otherwise specified in the Jurisdiction Specific Supplemental Terms below) (“Minimum Age”), unless they have the consent of a parent or legal guardian. By using the Service, you confirm that you are over the relevant age specified above. If we learn that someone under the relevant age specified above is using the Service without the consent of a parent or legal guardian, we will terminate that user’s account. In addition, if you are under the relevant age specified above, you confirm that you possess legal parental or guardian consent for accessing or using the Service, and are fully able and competent to enter into, abide by, and comply with the Terms.

  1. Accepting the Terms

By accessing or using our Service, you confirm that you can form a binding contract with BEST, that you accept these Terms (and our Acceptable Use Policy which forms part of these Terms) and that you agree to comply with them. Your access to and use of our Service is also subject to our Privacy Policy, the terms of which can be found directly on our App and Website. 

If you are accessing or using the Service on behalf of an entity or a business, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Service as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors. You also confirm that the business or entity you represent is an officially registered business or entity within the jurisdiction where the business or entity was formed, and not a person. 

We provide and make available, and you access and use the Service and the content and services on or available through it, subject to these Terms and all applicable laws and regulations. 

You agree to be bound by the Terms by accessing or using our Service. You understand and agree that we will treat your access or use of the Service as acceptance of the Terms from that point onwards.

You should print off or save a local copy of the Terms for your records. 

These Terms are effective until terminated by you or us. Your rights under these Terms will terminate automatically if you fail to comply with any individual Term. Upon termination of these Terms for any reason, you shall ensure that all use of the Service ceases and shall ensure copies of the Service used by you are uninstalled and destroyed by you. You must still pay for services ordered through the Service despite these Terms being terminated. You agree that we may, in addition to any other remedies we may have at law or equity, remotely disable the Service following any termination of these Terms.

  1. Changes to the Terms

We amend these Terms from time to time, for instance when we update the functionality of our Service or when there are regulatory changes. We may use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our App and Website. However, you should look at the Terms regularly to review the most up-to-date version and to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. If the changes or updates materially affect your use of the Service, we may notify you of such changes or updates. 

TO THE EXTENT THAT IT IS LEGALLY PERMITTED ACCORDING TO THE LAW IN YOUR APPLICABLE JURISDICTION, YOU WAIVE ANY RIGHT YOU MAY HAVE TO RECEIVE SPECIFIC NOTICE OF SUCH CHANGES OR MODIFICATIONS.

IF YOU DO NOT ACCEPT THE CHANGES YOU SHOULD NOT CONTINUE TO USE THE SERVICE. BY CONTINUING TO USE THE SERVICE YOU AGREE TO USE OF THE SERVICE IN ACCORDANCE WITH THE UPDATED TERMS.

  1. Your Account with Us 

You may elect to create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.

You warrant, represent and undertake that (a) any information (including personal information) provided by or on behalf of you is true, accurate, complete, legitimate, valid and has been lawfully obtained from each person to whom it relates, and that such information shall be promptly amended by you following any change to the same; and (b) you have obtained the necessary consents from, and given the necessary notices to, each person for whom you provide personal information to us (e.g., delivery contact and address information), to enable our collection, use, storage, and transfer of such information for the purpose of facilitating the Service.

It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must promptly notify us at privacy@best-inc.com.

You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.  

We reserve the right to disable your access to the Service and to the App and Website, including your user account at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. You may delete your account at any time.

  1. Your obligations: Access to and Use of Our Service
    1. Applicable Law

You must comply with all applicable laws when using the Service. If you are aware of any unlawful use of your account or any account security issues, please notify us immediately at privacy@best-inc.com. 

  1. Acceptable Use

By using the Service, App or Website, you agree to comply with our Acceptable Use Policy, which forms part of these Terms. If you violate any provisions of our Acceptable Use Policy, we may suspend or terminate your access to the Service in accordance with the Terms.

  1. Reasonable Use

We expect that users will use the Service reasonably. If any user’s use of the Service exceeds reasonable and normal standards, we may monitor and/or terminate the account of such user. If we

identify any violating, abnormal or unreasonable use (at our sole discretion), we have the right to take corresponding measures, including without limitation, restricting, suspending or terminating such user’s access to the Service, in part or in whole.

You may not: 

  • access or use the Service, App or Website if you are not fully able and legally competent to agree to these Terms;
  • modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Service, the App or the Website, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Service, App or Website or any derivative works thereof;
  • work around any technical limitations in the Service;
  • hack into or insert malicious code into the Service;
  • attempt to gain unauthorized access to any Service, parts of the Service or content, other accounts, computer systems or networks connected to any server through hacking, password miming or any other means; 
  • distribute, license, publish, transfer (whether by assignment, subcontract or otherwise), or sell, in whole or in part, any of the Service, App or Website or any derivative works thereof; market, rent or lease, sublicense or otherwise redistribute the Service or any of its content or services on or available through it  for a fee or charge, or use the App or Website to advertise or perform any commercial solicitation; 
  • use the Service in any manner that could damage, disable, overburden or impair it, its servers or the networks connected to the server;
  • interfere with or attempt to interfere with the proper working of the Service, disrupt our App or Website or any networks connected to the Service, or bypass any measures we may use to prevent or restrict access to the Service; 
  • incorporate the Service, App or Website or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Service, App or Website in our sole discretion;
  • use automated scripts to collect information from or otherwise interact with the Service, App or Webste;
  • impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the App or Website;
  • intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • use or attempt to use another’s account, service or system without authorisation from us, or create a false identity on the App or Website; or
  • use the Service in a manner that may create a conflict of interest or undermine the purposes of the Service, such as trading reviews with other users or writing or soliciting shill reviews.

We reserve the right to change, limit usage of, charge for continued usage (subject to your consent before incurring any charges), and/or discontinue the Service (including any content) at any point in time. 

We also reserve the right, at any time and without prior notice, to remove or disable access to some or all parts of the Service at our discretion for any reason or no reason. 

Content and/or services accessible from or purchased within the Service may be subject to additional terms as well. 

  1. Announcements

You understand and agree that the Service may include service announcements and administrative messages and you may not have the right to opt out of receiving these non-marketing announcements and messages. If you do not agree to receiving these non-marketing announcements and messages, you must stop accessing or using the App, Website and Service.

  1. Interruption

We reserve the right to interrupt the availability of the Service or any part thereof from time to time on a regularly scheduled basis or otherwise with or without prior notice, including without limitation under the following circumstances:

  • maintenance and fixation of server, network, software and/or hardware which are necessary to provide the access of the Service to you;
  • force majeure;
  • in accordance with the order of governmental authorities or other in-charge authorities; and
  • in order to comply with applicable laws.

You agree that we will not be liable for any interruption of the Service or any part thereof, delay or failure to perform resulting from any causes whatsoever.

We have the right at any time with or without reason to change and/or eliminate any aspect(s) of the Service (or any part thereof) as we see fit in our sole discretion.

  1. Suspension and Termination

We may end your rights to use the Service if you do not comply with these Terms. 

  • If you violate these Terms or any terms of our Acceptable Use Policy, we may at our option issue warnings, temporarily suspend or permanently terminate your account and/or access to the Service, with or without notice. We retain the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. We consider the severity of the violation and the number of infractions in making our determination; however, any determination shall be at our absolute discretion.
  • We may end your rights to use the Service at any time by contacting you if you have breached these Terms or any terms of our Acceptable Use Policy. If your breach of the Terms or any terms of our Acceptable Use Policy can be cured, we may give you a reasonable opportunity to do so.
  • In the event your account is terminated, you will have no further access to your account. Any accounts with unresolved disputes must be settled before we may allow you to register again to use the Service.
  • If we end your rights to use the Service, you must stop all activities authorized by these Terms, including your use of the Service, as applicable.

Please note that regardless of any notice, we reserve the right to modify or discontinue, temporarily or permanently, the Service or content, or any part thereof, or to terminate or suspend your account in our sole discretion, for any reason and at any time. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of your account, the Service or content. 

If your account is suspected to be involved in illegal or improper activities, you shall cooperate with the relevant personnel designated by us to solve the issue. You acknowledge that we may use monitoring data in accordance with our Privacy Policy as the basis for determining whether your account has been hacked, or whether any other improper or illegal acts exist, unless you are able to overturn such monitoring data by providing sufficient evidence acceptable to us. For clarity, monitoring data does not include any content of your communications. You further acknowledge and agree that, if we determine that your account is involved in any improper or illegal acts, we have the right to suspend or terminate your access to the account and take remedial measures. You also acknowledge and agree that we are not obligated to provide you with evidence relating to the suspected improper or illegal acts of your account.

We may terminate the Service permanently.

  • We may end the Service and access to the Service permanently for all users. You understand and agree that we will not assume any obligations to you with respect to the Service for such permanent termination. 
  • You understand and agree that the Service and/or any items which are stated to be “permanent” or its equivalent shall be interpreted as a time period until the date announced by us when the Service will be terminated permanently.

For the avoidance of doubt, termination of your account also entails the termination of your access to the Service or any content or services on or available through it. 

  1. Export Control

You agree not to engage in any activities in connection with these Terms that would breach sanctions or export control laws or risk placing us or any other person in breach of any sanctions or export control laws, or becoming a target of sanctions.

  1. Changes to the service

From time to time we may update the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. WE MAY ALSO ASK YOU AND YOU AGREE TO INSTALL UPDATES FOR THE SERVICE FOR THESE REASONS.

If you choose not to install such updates or if you opt out of automatic updates, you acknowledge and agree that you may not be able to continue using the Service or the App. 

We do not guarantee that we will provide any updates for the Service or that such updates will continue to support your device or system. All updates to the Service are subject to these Terms, unless otherwise specified by us.

  1. Intellectual Property Rights
    1. Service Content

As between you and BEST, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Service, the App and the Website, and all Intellectual Property Rights related thereto (the “Service Content”), are either owned or licensed by BEST. “Intellectual Property Rights refers to any and all trademarks, service marks, trade names, trade dress, works of authorship and art, copyrights and copyrightable materials (including without limitation, titles, computer code, designs, catch phrases, locations, and any related documentation), music, lyrics, domain names, ideas, logos, submissions, writings, concepts, themes, places, moral rights, rights of publicity, packaging, personality and privacy rights, utility models, other industrial or intangible property rights of a similar nature, and all other forms of intellectual property rights recognized by applicable laws, treaties, and conventions, and all inventions, software, technology that are patentable in such matter, including patents, utility models, know-how and trade secrets, all grants and registration worldwide in connection with the foregoing and all other rights with respect thereto existing other than pursuant to grant or registration, all applications for any such grant or registration, all rights of priority under international conventions to make such application and the right to control their prosecution, and all amendments, constitutions, divisions and continuations of such applications, and all corrections, reissues, patents of addition, extensions and renewals of any such grant, registration or right. Use of the Service Content or materials on the Service, App or Website for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content. 

We respect Intellectual Property Rights and ask you to do the same. As a condition of your access to and use of the Service, App and Website, you agree not to use the Service, App or Website to infringe on any Intellectual Property Rights (including but not limited to making any alterations, copies, extractions, modifications, or additions to the Service Content, or sell, copy, distribute, disseminate or license, or misuse the Service Content in any way). We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any Intellectual Property Rights.

  1. Licence

Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use the Service, the App and the Website, including to access the Service Content through your use of the Service. BEST reserves all rights not expressly granted herein in the Service and the Service Content. You acknowledge and agree that we may terminate this license at any time with or without cause. 

The content on our App and Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Service.

  1. User Content

Whenever you submit User Content to or through the Service, you must ensure that your User Content and your conduct comply with the Acceptable Use Policy.

If any content that you upload, share, submit, publish or otherwise make available onto the App or Website or provide through the Service, e.g. photos, documents, comments or any other information, (“User Content”) is reported or otherwise determined to be in violation of these Terms, the Acceptable Use Policy, other applicable terms or applicable laws, we have the right to delete, alter, move, remove, or transfer such User Content, with no liability of any kind to you, to the maximum extent permitted by applicable law. We do not provide or guarantee, and expressly disclaim, any value, cash or otherwise, attributed to any data residing on servers operated or controlled by or on behalf of us, including any data attributed to your account. 

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your account, and that all rights in and to your account are and shall forever be owned by and inure to the benefit of us, to the maximum extent permitted by applicable law. 

You acknowledge and agree that we own all technical and operational data that may be generated in connection with or arising from our provision of the Service and/or your use of the Service. The data presented to you on the App and Website is all the technical operational data you have access to. We have no obligation to share any other technical operational data with you, unless otherwise required under applicable laws. To the maximum extent permitted by applicable laws, we have the right to decide whether to retain or use any technical and operational data, the manner and length of time for retaining such data, and the manner for using such data (including without limitation using such data to improve the performance of our Service), as further set forth in our Privacy Policy.

  1. Rights in User Content

You represent and warrant that you either own and/or have all necessary rights, including to the Intellectual Property Rights in any User Content, to submit such User Content.

By using the Service and whenever you submit User Content to or through the Service, App or Website, you grant, or you will procure the grant to, us and our affiliates a license to copy, display, reproduce, edit, host, store, backup, perform, transmit, distribute and publish your User Content online on the App and Website, to modify and adapt such User Content for technical purposes to operate the Service (e.g., making sure content is viewable on mobile devices), and to use your User Content in combination with other media contents for commercial purposes, including for advertising. For clarity, our rights in such User Content are solely required to enable us to operate the Service. 

You agree that these rights and licenses are perpetual, royalty free, transferable, and sub-licensable, and include a right for us to make such User Content available to, and pass these rights along to, service providers and others with whom we have contractual relationships related to the operation of the Service (e.g., cloud hosting providers), and to otherwise permit access to or disclose your User Content to the extent specifically set forth in the Terms.

We do not claim any ownership rights to your User Content. You acknowledge and agree that we are not the source of, do not verify or endorse, and are not responsible in any manner for User Content, that you are solely responsible to retain adequate back-ups of User Content, and that you assume all risks associated with User Content. Whenever you make available User Content through the Service, you have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of User Content. 

You acknowledge and agree that we and our affiliate companies may preserve content, including User Content, and may also disclose content, including User Content, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to, among other things:

  • comply with legal process, applicable laws, and lawful requests from government and/or law enforcement agency;
  • enforce these Terms;
  • respond to claims that any content violates the rights of third parties; or
  • protect our rights, property and/or the personal safety of our users and/or the public.

You understand that even if you delete your User Content from the Service, App or Website, it may remain available to other users – for example, we may not be able to prevent any other users from storing or archiving any of your User Content that you have shared via the App or Website.

We reserve the right to moderate, block or remove, with or without notice to you, your User Content for any reason, including, in our opinion your User Content violates the Acceptable Use Policy, or as may be required by applicable laws and regulations. 

We will take technical measures to prevent unauthorized disclosure of or access to User Content in accordance with the industry standards. Save as set forth herein or under applicable laws, we have no other obligations with respect to User Content.

  1. Your privacy

Please refer to our Privacy Policy for information on how we collect, process, store and use your personal data in connection with your use of the Service and for what purposes and your rights in relation to your personal data and how to exercise them. It is important that you read that information.

Please be aware that Internet transmissions are never completely private or secure and that, despite our commercially reasonable efforts, any message or information you send using the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

  1. Monitoring & Circumvention Measures

You understand and agree that when using the Service, this can and may involve software functions designed to detect circumvention measures or unauthorized and malicious programs. In this context, we may access, collect, monitor and/or remotely store information relating to hardware capacity, modifications related to our Service software, signatures, profiles or names of known unauthorized or malicious third party programs, files or processes that enable or facilitate circumvention of controls, unfair advantage or hacking of the Service. If unauthorized or malicious programs are detected by our Service, the user’s account, account information and information about the unauthorized or malicious program or its use may be automatically communicated to us by the Service. 

  1. Indemnity

You agree to defend, indemnify, and hold harmless BEST, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or the Acceptable Use Policy, or arising out of a breach of your obligations, representation and warranties under these Terms.

  1. Warranties, damages, limitations of liabilities
    1. Excluded Warranties

Your use of the Service is entirely at your own risk.

We make no representations, warranties or guarantees, whether express or implied, that any Service Content is accurate, complete or up to date. We also cannot warrant or guarantee the authenticity and accuracy of any content, materials, information and location details which are provided by users of the App or Website.

Where our Service 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. Such links should not be interpreted as approval by us of those linked Apps or Websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Service, such as reviews or comments relating to Service Content.

  1. Exclusion Of Warranties

NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.

THE SERVICE, APP AND WEBSITE ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

  • YOUR USE OF THE SERVICE, APP OR WEBSITE WILL MEET YOUR REQUIREMENTS; 
  • YOUR USE OF THE SERVICE, APP AND WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE FROM ERROR OR WILL NOT RESULT IN ANY DAMAGE INCLUDING TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE;
  • ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE, THE APP OR THE WEBSITE WILL BE ACCURATE OR RELIABLE; AND
  • DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE, APP OR WEBSITE WILL BE CORRECTED.

NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICE, APP OR WEBSITE EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE. 

  1. Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. 

  • If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.

We are not liable for your damage that is avoidable. 

  • We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by your failing to correctly follow installation instructions or for deletion of your account due to any reasons as stipulated in these Terms.

Check that the Service is suitable for you. 

  • The Service has not been developed to specifically meet the requirements of any individual or specific business or organization. You use the Service entirely on your own initiative and you shall check whether the functions of the Service are suitable for you.

We are not responsible for events beyond our control. 

  • If we have to cancel or delay in providing the Service to you by any event beyond our control, then we will use commercially reasonable efforts to take steps to minimize the effect of the delay or cancellation, but you expressly acknowledge and agree that we have no obligation to you for any such delay or cancellation.
  1. Limitation of Liability

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:

(I) ANY LOSS OF PROFITS, INCOME, INTEREST OR BUSINESS (WHETHER INCURRED DIRECTLY OR INDIRECTLY); 

(II) ANY LOSS OF GOODWILL OR BUSINESS REPUTATION; 

(III) ANY BUSINESS INTERRUPTION;

(IV) ANY LOSS OF OPPORTUNITY; 

(V) ANY LOSS OF OR DAMAGE TO DATA SUFFERED BY YOU; 

(VI) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU; 

(VII) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:

  • ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING;
  • ANY CHANGES WHICH WE MAY MAKE TO THE SERVICE, APP OR WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE, APP OR WEBSITE (OR ANY FEATURES WITHIN);
  • THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE, APP OR WEBSITE;
  • YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
  • YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; OR

(VIII) ANY LOSS OR DAMAGE ARISING OUT OF CIRCUMSTANCES BEYOND OUR CONTROL,

HOWEVER CAUSED AND WHETHER OR NOT WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSS ARISING.

OUR TOTAL AGGREGATE LIABILITY TO YOU, WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE ARISING OUT OF, OR IN RELATION TO, THESE TERMS, THE PLATFORM OR SERVICE, WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO US (IF ANY) DURING THE 12 MONTH PERIOD PRECEDING THE DATE OF THE FIRST CLAIM MADE BY YOU UNDER THIS AGREEMENT, UNLESS OTHERWISE MANDATORILY REQUIRED BY APPLICABLE LAW.

IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION IN ACCORDANCE WITH THESE TERMS. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO YOU, SUCH AS FAILING TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.

THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

YOU ARE RESPONSIBLE FOR ANY CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES IF YOU ACCESS OR USE OUR SERVICE ON YOUR MOBILE DEVICE. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.  

  1. Other Terms
    1. Applicable Law and Jurisdiction

These Terms, their subject matter and their formation, are governed by the laws of Hong Kong (excluding its conflict of law rules). If a dispute, controversy or claim arising from or in connection with the Terms or your use of the Service cannot be resolved within 30 days following the commencement of consultation or mediation, then you or we shall submit the dispute for arbitration by the Hong Kong International Arbitration Centre (“HKIAC”). Except for the right of either you or us to apply to any court of competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm, both you and we agree that any dispute, controversy or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the HKIAC under the HKIAC Administered Arbitration rules in force when the notice of arbitration is submitted. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be three. You and we shall each designate one arbitrator and these two appointed arbitrators shall appoint a person who is the third arbitrator to act as the presiding arbitrator of the arbitral tribunal. The arbitration proceedings shall be conducted in English. The arbitral award shall be final and binding upon you and us. The language of the arbitration shall be English.

  1. Local Regulations

We make no representation that the Service is available for use or permitted by law in any particular location. To the extent you choose to access the Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country you reside in.

  1. Entire Agreement

These Terms constitute the whole legal agreement between you and BEST and govern your use of the Service and completely replace any prior agreements between you and BEST in relation to the Service. 

  1. Severability

If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.

  1. No rights for third parties. 

A person other than you and us has no rights to rely on or enforce any term hereunder.

  1. Transfer of Terms

We may transfer our rights and obligations under these Terms to another organization, including in connection with a merger, sale, reorganization, asset sale, change of control, or similar transaction.

You may only transfer your rights or your obligations under these Terms to another person if we give our prior consent in writing.

  1. Enforcement of Terms

Even if we delay in enforcing the Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

  1. Links

You must not establish a link to our App or Website in any website or application that is not owned by you or directly related to your business or entity. We reserve the right to withdraw linking permission without notice.

  1. Security

We do not guarantee that our App and Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our App and Website. You should use your own virus protection software.

  1. No Waiver

Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.

  1. Prevailing Language. 

We may translate these Terms into other languages. Unless otherwise specified in the Jurisdiction Specific Supplemental Terms, the English language version of these Terms shall be controlling in all aspects and shall prevail in case of any inconsistency with any other language version (if any).

  1. Any Questions?

Please contact us at privacy@best-inc.com.

B. ACCEPTABLE USE POLICY

By using the Service, you agree to comply with this Acceptable Use Policy (“AUP”). If you violate any provisions of this AUP, we may suspend or terminate your access to the Service without notice in accordance with the Terms.

Should you have any questions about this AUP or wish to report violations of this AUP, please contact us at privacy@best-inc.com.

All defined terms used in this AUP have the same meaning as defined in the Terms, unless the context requires otherwise.

PROHIBITED ACTIVITIES AND CONDUCT

You agree not to engage in any of the following prohibited activities when using the Service, or allow any person to use your account to do the same:

  1. violate any law, regulation, ordinance or rule (or carry out any actions which may result in violation of any law, regulation or rule when used in a manner permitted by the Terms), taking into account that content and/or services accessible from or purchased within the Service may be subject to additional terms;
  2. infringe our rights or any third party’s rights, including any Intellectual Property Rights, contractual rights, confidentiality rights or privacy rights;
  3. engage in any conduct which may be considered disrespect to any racial group, local ethics or customs;
  4. engage in illegal or potentially illegal (as determined by us) activities or transactions, including sale of any illicit drugs, ponzi or pyramid schemes or money laundering;
  5. use the Service for any deceptive, malicious, misleading or fraudulent activities or other activities;
  6. use the Service to gain unauthorized access to any system, account or data;
  7. engage in the malicious creation or use of an account, such as creating multiple accounts for cybersquatting purposes or engaging in the sale and purchase of accounts; 
  8. register or login to an account or access the Service by using unauthorized means (including, without limitation, by third-party software or systems not developed, authorized or approved by us) or by impersonating any person or misrepresenting your affiliation with any person or organization;
  9. engage in any form of harassment, intimidation, defamation to any person or disseminate or share any content that may be considered as insulting, vulgar, obscene, pornographic, provocation, hoax, fraudulent or contain any illegal information;
  10. send unauthorized or unsolicited messages and spam;
  11. impersonate another person or organization;
  12. lend, transfer, sell or otherwise permit another person to use his/her account;
  13. use the Service other than for their intended purpose or in any manner inconsistent with the Terms (including this AUP);
  14. engage in any other activity that encourages any person or entity to breach the Terms (including this AUP); or
  15. perform aid campaign for special purposes and financial aid (donation) organization for special purposes without the accurate and comprehensive clear permission of the authorized bodies.

RESTRICTIONS RELATING TO THE SERVICE

You may not, nor may you permit any other person to (except where we expressly permit you to do so):

  1. remove, obscure or modify any copyright, trade mark or other proprietary rights notice, marks or indications found in or on the Service;
  2. sub-license, rent, lease, sell or otherwise distribute the Service or charge others for use or access to the Service;
  3. modify, reverse engineer or decompile any software embedded in the Service, except to the extent that applicable laws and regulations do not allow us to prevent you from doing this;
  4. perform any acts (including, without limitation, hacking, attacking or overloading our networks or servers) with the intention of adversely affecting the performance or disrupting the Service or otherwise interfering with, or attempting to interfere with, any user’s or any other party’s access to the Service;
  5. upload viruses, Trojan horses, malicious code, scripts, worms, logic bombs or other means which is malicious or technologically harmful to the Service, our systems or the systems of other users of the Service;
  6. use any robot, spider, crawler, off-line reader, or other technical means to intercept, mine, scrape, monitor, copy, collect or extract information or data from the Service;
  7. exploit technical defects or bugs in the Service to benefit yourself and/or others in any manner or engage in any other misconduct, or probe or test the vulnerability of, or otherwise circumvent (or attempt to circumvent) any security features on, the Service, our systems or the systems of other users;
  8. engage in any “framing,” “mirroring,” or other techniques directed at simulating the appearance or function of the Service;
  9. misrepresent the source or ownership of the Service; or
  10. develop any plug-ins, external components or interconnection elements or other technology that inter-operate with the Service, except where we expressly permit you to do so via Service (and where this is the case, your use of such Service may be subject to additional terms and conditions as notified by us to you).

USER CONTENT RESTRICTIONS

You may not, nor may you permit any other person to upload, share, publish, transmit or otherwise make available on or through the Service any User Content that: 

  1. infringes Intellectual Property Rights of any person;
  2. harms or exploits any person (whether adult or minor) in any way, including via bullying, harassment or threats of violence;
  3. is, or could reasonably be interpreted as being, hateful, harassing, abusive, racially or ethnically offensive, defamatory, humiliating to other people (publicly or otherwise), threatening, profane or otherwise objectionable or contains other information which may be deemed as unlawful under applicable law (e.g. extremist information);
  4. incites hatred against any person or group;
  5. is pornographic, sexually explicit, violent or depicts unlawful acts towards any person;
  6. depicts or promotes cruelty, violence or unlawful acts towards animals;
  7. promotes or encourages self-harming;
  8. creates a risk of loss or damage to any person or property;
  9. shares any other person’s information other than in accordance with applicable laws;
  10. contains any deceptive, fraudulent or misleading information, news, business schemes, proposals or transactions;
  11. is an advertisement or solicitation of business which is intended for marketing of any products via our Service;
  12. misrepresents or disparages us or our Service;
  13. violates any law, regulation, ordinance and rule; or
  14. encourages or is likely to encourage any of the above. 

PROHIBITED USERS

You may not register for or use the Service if:

  1. you are under the Minimum Age and you do not possess legal parental or guardian consent for accessing or using the Service, and are not fully able and not competent to enter into, abide by, and comply with the Terms; or
  2. we have previously terminated your account and advised you that you may no longer use the Service.

DETECTION OF AUP VIOLATIONS AND UNAUTHORIZED USE

Please note that there may be technological measures in the Service that are designed detect uses of the Service that violate this AUP and to prevent unlicensed or unauthorised use of the Service. You agree that we may use these measures and that you will not seek to disable or circumvent them in any way.

VIOLATIONS OF THIS AUP

If you violate any provisions of this AUP, depending on the severity of your violations, we may take any appropriate action without notice to you, including but not limited to temporarily or permanently limiting your account access, suspending or terminating your access to the Service in accordance with the Terms. If necessary, we may cooperate with law enforcement agencies to investigate any unlawful acts on the Service.

REPORTING MECHANISM

If you become aware of any person using the Service or engaging in any acts that violate any applicable law or regulation and/or this AUP, you may contact us at privacy@best-inc.com. We will process all feedbacks as soon as possible in accordance with relevant laws and regulations upon receipt of the feedbacks.  

C. Jurisdiction Specific Supplemental Terms 

Malaysia.

  • Minimum Age. You must be at least 18 years of age to access the Service. All references to Minimum Age in the main body of these terms shall be deemed to be 18 years of age.

Singapore.

  • Minimum Age. The minimum legal age to enter into a contract in Singapore is eighteen (18) years. If you are of the Minimum Age or over, but under 18 years old, you must review these Terms with your parent or legal guardian to ensure that they read and agree to these Terms on your behalf.
  • Limited Rights to Use the Service. You shall not post any User Content about, or use the Service to transmit, any statement of fact about any person which is false in any particular about the subject, any secret official code word, countersign or password, or any photograph, drawing, plan, model, article, note, document or information that are covered under the Official Secrets Act (Cap. 213), and any material against, or objectionable on the grounds of, public interest, public morality, public order, public security, or national harmony; offends against good taste and decency; or is otherwise prohibited by applicable laws and regulations.
  • Suspension and Termination with notice. If you breach these Terms, we may end your rights to use the Service at any time by contacting you and giving you prior notice of the potential suspension, disruption or termination of the Service. In the event your breach of the Terms can be remedied, we may give you a reasonable opportunity to do so.
  • Suspension and Termination without notice. We may end your rights to use the Service at any time without prior notice in the event that (i) you have created or are likely to create imminent harm (including but not limited to interruption, disruption or congestion) to our network; (ii) you use, allow the use of, or intend to use the App or Website fraudulently or dishonestly; (iii) we are acting in compliance with a requirement of any relevant authority or law enforcement body; (iv) you (as an individual) are deceased or mentally incapacitated; or (v) you (as a corporation) cease to carry on your business.
  • End User Service Information. Unless consent is obtained, we will not provide your information to any third party for the purposes of developing and marketing any goods or services. Unless consent is obtained, we will only use your information for the following purposes:
  1. for planning requirements in relation to network operations or network maintenance for any service provided by us, excluding activities which are commercial in nature such as business, market or product research or development; 
  2. for facilitating interconnection and inter-operability between us and such other telecommunication licensee for the provision of services;
  3. for the provision of assistance to law enforcement, judicial or other government agencies; 
  4. for compliance with any regulatory requirement imposed by the Info-communications Media Development Authority authorising the use of your information (for example, for the provision of directory assistance services); 
  5. for managing bad debt and preventing fraud related to the provision of services; and/or 
  6. for the provision of mobile roaming-related information to in-bound mobile roaming customers in Singapore.

Thailand.

  • Minimum Age. If you are of the Minimum Age or over, but under 20 years old, you must review these Terms with your parent or legal guardian to ensure that they read and agree to these Terms on your behalf.

Vietnam.

  • Minimum Age. The minimum legal age to enter into a contract in the Socialist Republic of Vietnam is eighteen (18) years. If you are of the Minimum Age or over, but under 18 years old, you must review these Terms with your parent or legal guardian to ensure that they read and agree to these Terms on your behalf.