INTRODUCTION & DISCLAIMER

The Terms and Conditions set out below contain important information about shopbestern.com, as owned and/or operated by Best Eastern. Any use of the word “Website” is a reference made to, but not limited to, shopbesteastern.com as a wholly functional E-Commerce website, the contents found in the Website, which includes but is not limited to videos, information, text, links, images, and icons displayed within, and also extends to all the additional supporting infrastructure that plays a role in the operational capabilities of the Website, including, but not limited to, servers, content management systems, and security systems.

All such content mentioned to be found in the Website shall be referred to as the “Materials” of the Website.

Any use of the words “Company”, “We”, “Us”, and/or “Our” is a reference to Best Eastern as a wholly operational business that is subject to the law of Brunei Darussalam. The aforementioned words highlighted with speech-marks in this paragraph are also references to Best Eastern’s owner and/or owners, officers, directors, employees (part-time and full-time), partners, agents, contractors, suppliers, third-party service providers, and/or affiliates.

Any use of the words “You” and “Your” is a direct reference to You, the person or any other individual or group of individuals who uses, accesses, and/or engages the Website.

As soon as you gain access to this Website and any of the pages within the Website, you agree to be bound by the Terms and Conditions listed below. If you do not agree to the Terms and Conditions listed below, we encourage You to refrain from accessing the site in any manner, as accessing the site will automatically bind you to the Terms and Conditions listed in this document. Best Eastern has the sole and indisputable right to change the Terms and Conditions at any time without prior notice from any individual or group of individuals. Your continued use of the Website after a change has been made to the Terms and Conditions depends on Your decision to accept the new changes.

As soon as you have gained access to the Website, You automatically agree to the following conditions:
1) You are at least 18 years of age, are of sound mind, and possess the free will to act on your own behalf and at Your own discretion without pressure from any external or social force;
2) You possess the legal authority, right, and power to create a binding legal obligation;
3) You shall follow the Terms and Conditions when using the Website, and also accept and comply with future notices or guidelines that may occasionally be added to the Website;
4) You will only use this Website to make lawful and legitimate purchases of products and not use this Website for any other unlawful or illegal activity;
5) All information that you input on this website is true, precise, accurate, up-to-date, and complete;
6) You are in compliance with all relevant and applicable laws and regulations, including, but not limited to, Copyright Law, Intellectual Property Law, Privacy Law, and Business Law;
7) In the event that you have an account with the Website, You will be solely responsible for the confidentiality and privacy of the information and identity linked to the account, as well as the actions taken by the user of the account, regardless of whether it is You or someone who has gained access to Your account.

GENERAL RIGHTS

Best Eastern retains the sole right to, at our sole discretion, deny or restrict Website access to anyone (including the services we offer), at any time, effective immediately, without notice, and for any reason that we see fit and reasonable, including, but not limited to, violation of the Terms and Conditions listed on the Website.

We shall have the right to modify, update or amend the Terms and Conditions in the future and at any time. We will notify you about material changes to this Terms and Conditions by placing the updated Terms and Conditions on our website. By continuing to access this website or by continuing to use our services following the modifications, updates or amendments to this Terms and Conditions, this shall signify your acceptance of such modifications, updates or amendments. If you do not agree to the amended Terms and Conditions, you have the right to close your account and/or cease using the services on this website.

We retain the right at our sole discretion to deny or restrict access to anyone to this website and the services we offer, at any time without notice and for any reason, including, but not limited to, for violation of these Terms and Conditions.

Best Eastern has the sole and indisputable right to change, update, and amend the Terms and Conditions in the future at any time and without prior notice. However, we will keep You updated on the changes being made when they are made by listing the new updates on the Website for ease of access and viewing. Continued access and use of the Website, after the Terms and Conditions have been changed, updated, and amended, automatically binds you to the new Terms and Conditions and also, effective immediately serves as proof that You have accepted the new Terms and Conditions. If You do not agree to the most updated version of the Website’s Terms and Conditions, You have the right and freedom to remove Your account and refrain from using the service that is provided by the Website.

USE OF SHOPBESTEASTERN.COM (THE WEBSITE)

As a condition of your use of this Website, you warrant that:
1) You have read and agreed to be legally bound by these Terms and Conditions and the Privacy Policy;
2) You are at least 18 years of age, are of sound mind, and possess the free will to act on your own behalf and at Your own discretion without pressure from any external or social force;
3) You possess the legal authority, right, and power to create a binding legal obligation;
4) You will use this website in accordance with these Terms and Conditions and comply with such other notices or guidelines that may be published on the website by Best Eastern from time to time (which are hereby incorporated by reference into these Terms and Conditions);
5) You will only use this website to make legitimate purchases for you or for another person for who you are legally authorised to act for and not use the website or services for any unlawful purpose;
6) All information supplied by you on this website is true, accurate, current and complete;
7) You are in compliance with all relevant and applicable laws and regulations, including, but not limited to, Copyright Law, Intellectual Property Law, Privacy Law, and Business Law;
8) If You have an online account with this website, You will safeguard your account information and will supervise and be completely responsible for any use of Your account by You and anyone other than You.

PROHIBITED ACTIVITIES

The content, design, and information on this website, and also the infrastructure used to make the operations and upkeep of this Website possible, is either wholly owned or under the sole control of Best Eastern and/or its suppliers. Hence, You agree not to license, display, perform, copy, distribute, share, reproduce, transmit, sell or re-sell information, products, software, or any other intellectual property obtained from or through this website. Furthermore, You also agree not to use this website or its contents for any commercial purposes whatsoever. You are prohibited from making any false, deceiving, malicious, or fraudulent transactions. You also are prohibited from copying any of the content or information in the Website – whether it is through manual means, or through automated means by using robots, spiders, crawlers, scrapers, and other tools – as it is our intellectual property. You are also prohibited from deep-linking to any part of the Website.

You are prohibited from displaying the Website’s intellectual property on other websites or any other forms of display space by any means.

Upon a suspected breach of these Terms and Conditions, or if there is sufficient evidence pointing to fraud, exploitation, or any other form of malicious activity, Best Eastern has the sole and indisputable right to take action to prevent the continuation of such activity, through, but not limited to, cancelling all transactions that take place on the account and closing all accounts related to such activity of suspect. Best Eastern also reserves the right to cancel all orders from the account, without any refund given, if orders are deemed to be of malicious or suspicious intent. In more serious situations, Best Eastern also reserves the right to take legal action against the individual or group of individuals that are suspect. Thus, the suspected may be compelled by the law to provide compensation to Best Eastern for any damages and losses incurred, including all legal expenses.

INTELLECTUAL PROPERTY

All content to be found on the Website, including but not limited to the designs, logos, trademarks, copyrighted materials, and so forth belongs to Best Eastern. You are not permitted to use any of the content found on the Website unless given explicit permission by Best Eastern to do so.

Best Eastern has the sole and indisputable right to protect its intellectual property rights to the fullest extent within the law. “Best Eastern” is a trademarked name that is fully owned by Best Eastern. Any attempt to use the name “Best Eastern” without the explicit consent (given in written form by a high ranking employee or owner of Best Eastern) of Best Eastern will be deemed unlawful, and may be subject to legal procedure.

PAYMENTS AND FEES

By placing an order with Best Eastern, You will be subject to a user agreement between You and your chosen payment processing provider and Your chosen financial institution. You agree, that in either of these user agreements, to waive any claim and/or cause of action against Best Eastern for any error, disruption and/or failure that may arise. Best Eastern reserves the exclusive right to be final point of confirmation for Your payment made to purchase goods and/or services from the Website. Once payment is confirmed, it cannot be changed.

APPLICABLE LAWS AND JURISDICTION

These Terms and Conditions are governed by the laws of Brunei Darussalam. Regarding all disputes that take place over the use of the Website or disputes related to the Website itself, You agree to be subject to the exclusive jurisdiction of Brunei Darussalam.

LIABILITY DISCLAIMER

Best Eastern uses its best ability to ensure the accuracy and completeness of all information provided on this website. However, it is possible in some cases that there will be inaccuracies and errors, including pricing errors, on the Website. Best Eastern, to the fullest extent allowable under the law, does not and will not guarantee the accuracy of the information displayed on the Website. Most importantly, Best Eastern disclaims any and all liability for any claims made against Best Eastern due to or related to misinformation and errors on the Website. Best Eastern also disclaims all explicit or implicit warranties and conditions to the information, contents, products, and services in the Website and provided by the Website, including, but not limited to, warranties of adequate quality, fit, matching or merchantability, compliance with any description, title, non-infringement (which includes that the Website is free from infringement of any form of intellectual property), or errors regarding inaccuracies of information. Best Eastern holds the sole right to make corrections to any errors on the Website or any transactions that have been made with erroneous pricing. Your orders will be able to be fulfilled at the correct price or can be cancelled with no penalty, if the situation were to arise.

Best Eastern does not make or imply any representation of suitability, endorsement, recommendation, with regards to the products and services available on the Website. Products and services are provided on an “as is” and “as available” basis with no warranties of any kind. Best Eastern disclaims any warranties, claims, conditions, and/or provisions that the Website, its supporting infrastructure (its servers, software, and beyond), marketing communications materials, and beyond are free from viruses and other potentially harmful or malicious entities. Best Eastern disclaims any warranties that the Websites functionality, browsability, and accessibility, of the Website will be free from error, glitches, inefficiencies, and slowness.

LIMITATION OF LIABILITY

In any event whatsoever, You agree to not hold Best Eastern liable for any form of damages that may arise out of your interactions with the Website, including, but not limited to, access or non-access; exposure or non-exposure; delays and inefficiencies of any sort; malicious information, software, and other content of any sort; or any other detrimental situation that can arise out of Your use of the Website. Such detrimental situations, all of which Best Eastern will not and shall not be held liable for, can arise from Your dependence on the information found on the Website to make good choices; exposure to possible malicious content and entities displayed on the Website or accessed via links; and so on. Regardless of the base of the claim for liability, whether it is in the form of a theory of negligence, contract, consumer protection statutes, tort, strict liability, and/or otherwise, Best Eastern is effectively immediately, from the date that Best Eastern purchased the URL “shopbesteastern.com” and/or the date that the contract between Best Eastern and the Website developer was put into effect through signage of contract and payment fulfilled, immune from the potential damages to Best Eastern that may arise from a legal dispute or general dispute between Best Eastern and You. If the situation still arises where Best Eastern finds itself in a position where a party or individual is attempting to hold Best Eastern liable for damages despite the aforementioned provisions, You and/or the aforementioned party or individual agree that Best Eastern’s total liability to you, due to alleged damages that arise from the use of the Website and its services, will not and shall not exceed the sum of BND20 only (Brunei Dollars Twenty only).

The limitations of liability listed above and in these Terms and Conditions is for the protection of Best Eastern and is upheld for not only the protection, but also for the benefit of Best Eastern. You agree that the limitations of liability allows Best Eastern and the Website to provide information, products and services at reasonable or no costs to you at all. The limitations of liability in these Terms and Conditions will also survive and apply even if some limitations have failed to carry out their intended purposes.

INDEMNIFICATION

You agree to hold harmless, indemnify, and keep indemnified Best Eastern, and any of its owners, proprietors, related companies, other companies under ownership of Best Eastern’s owners or proprietors, officers, directors, employees (part-time and full-time), partners, agents, contractors, suppliers, third-party service providers, officers, and affiliates, from and against any claims, losses, damages, penalities, fines, demands, causes of action, recoveries, or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees on a full indemnity basis, brought by You or on Your behalf in excess of the aforementioned liability or by You or any third-party’s breach of these Terms and Conditions or the documents You or they incorporate by reference, Your or any third-party’s use of or connection to the Website and those connected to the Website, and/or Your or any third-party’s violation of any law or rights of any third-party.

LINKS TO THIRD-PARTY SITES

The Website may contain links to other Websites operated by parties outside of Best Eastern’s ownership and control. These links are strictly for Your reference only. We urge You to note that these links may bring you to a Website, owned by a third-party, where we do not have control over, and thus Best Eastern is not responsible for the contents or practices that take place on those third-party websites. Therefore, You agree and consent to agreeing that Best Eastern shall not and will not be held liable for any damages that may arise out of Your or any third-party’s interaction and connection with any third-party website or any third-party website whose links can be found on the Website. Your safety and security is solely determined, managed, and controlled only by You. Links on the Website are by no means a recommendation and/or endorsement of the websites and their associated personnel that those links bring browsers to. Thus, You effectively immediately and irrevocably waive any claim or claims against Best Eastern with regards to third-party websites. Any claim or claims for damages or attempts to hold Best Eastern liable shall be proclaimed null and void, by You, effective immediately.

ACCOUNT TERMINATION

Best Eastern has the sole and indisputable right to cease all activity, suspend, and delete accounts on the Website that Best Eastern deems detrimental to the well-being of the Website and the operations of the system behind the Website, without need for any prior notice, consent, or reason. Best Eastern reserves the sole and indisputable right to limit access to the Website for users and/or accounts who infringe on the intellectual property found in the Website and/or violate these Terms and Conditions. Best Eastern also will investigate situations where the Company believes that there has been an infringement on any part of the Website whatsoever. You also agree to not take any legal action against Best Eastern for conducting such investigations for intellectual property mismanagement, which includes, but is not limited to, theft, abuse, and exploitation.

GENERAL

You hereby agree that there is no professional relationship (including, but not limited to, partnerships, joint ventures, contractual agreements, agencies, or any general employment or service-providing relationships) that exists between You and Best Eastern, and that neither You nor any other individual or group of individuals have the authority to bind Best Eastern to any agreement in any way, shape, or form. These Terms and Conditions does not limit our right to comply with law enforcement and government entities and their requests regarding Your use of the Website. Should there be any claim or action against Best Eastern with regards to Your or any other individual or group of individual’s use of the Website, You agree that You will bring such claims or cause of actions caused by some type of incident with the Website to our attention within one year from the date that which the incident happened. If such a claim or cause of action is brought forth after one year, the claim or cause of action will be irrevocably waived and/or deemed null and void.

SEVERABILITY

Each of these sections and/or paragraphs in these Terms and Conditions operate independently of one another. If any legal or governmental entity decides any of these sections or paragraphs are unlawful, invalid, illegal, and/or unenforceable, the remaining paragraphs and sections will remain in effect, in full force, and not in any way affected. Best Eastern’s inability to enforce any of the provisions in these Terms and Conditions does not under any circumstances waive or cancel our sole right to keep enforcing the same or any other provisions in the future.

ENTIRE AGREEMENT

The Terms and Conditions, and any other policies that have been placed on the Website (including, but not limited to, the Privacy Policy, Frequently Asked Questions or FAQs, Payment Policy, Shipping Policy and Return Policy), together form the whole agreement between You and Best Eastern, which is an agreement that supersedes and takes priority over all past and present agreements, communications and proposals made via exchange of information through electronic, paper, or oral means. Best Eastern has the indisputable right to print a physical copy of the Terms and Conditions, other policies listed on the Website, and a copy of any notice, all of which shall be admissible in any judicial, legal, or administrative proceedings and have the same ability to be subject to the same conditions as any other documentation and records to be used at these proceedings. In the event that any of the content appearing on the Website contains names of people, characters, companies, products, services, and/or data, Best Eastern clarifies and possesses the indisputable right to clarify that such names are not meant to represent any real event, product, company, individual, or group of individuals. If such an event were to occur, it would simply be the result of mere coincidence.

LANGUAGE OF GOVERNANCE

The English Language is the primary language that these Terms and Conditions shall be construed and drafted in. Any existing version of these Terms and Conditions in other languages are simply a translated version from the original English version and has been done so for Your convenience’s sake and ease of reference. The English version of these Terms and Conditions shall always prevail in any dispute made between the English version and a translated version in another language.

CUSTOMER SUPPORT

For any questions that You may have regarding these Terms and Conditions or any issues related, please contact us at [email protected]