Terms of Use (Website)

1. Agree to accept the terms

These Services (as defined below) T&C set out the terms and conditions which govern the Services provided by BEYOND CARS LIMITED, a company incorporated under the laws of Hong Kong having its registered office at 1A, Concordia Plaza, 1 Science Museum Road, Tsim Sha Tsui East, Kowloon, Hong Kong (“the Company”, “us”, “we”, or “our”) to you. Any and all references to the Company shall include its holding company, subsidiaries, related companies, parent companies, associated companies, and group of companies from time to time.

Please read these Services T&C carefully as they affect your rights and liabilities in opting for services and indicate your unequivocal acceptance of the same by selecting the applicable parts of these Services T&C. These Services T&C shall be read together with all other documents presented to and/or executed by you.

We reserve the rights to amend these Services T&C from time to time as we deem necessary without having to specifically notify you. All revised Services T&C will supersede the previous Services T&C on the day of announcement and will take effect immediately. When you use different services offered by the Company, you are required to abide by the Services T&C.

Note: You are entering into a legally binding agreement.

2. Service Description

We provide users with online platforms for trading and display vehicle platforms ("the Services").

You understand and agree that the Services may include advertisements necessary for us to provide the Services. You also understand and agree that the Services may include some communications from us, including but not limited to service announcements and administrative information, which are part of our Services and cannot be opted out of.

Addition, alteration or enhancement of any new features of the Services (including the introduction of new value-added products) is subject to these Services T&C, unless otherwise expressly stated. You understand and agree that these Services are provided "as is" and that any user communications or personal settings are subject to statute of limitations, deletions, errors, and non-storage, and we are not responsible for it.

We shall not warrant that the functions contained in the platform used for the Services (“Platform”) will be uninterrupted, error-free, that defects will be corrected and/or that the Platform will be free of viruses and/or other harmful components. We reserve the right to suspend all or part of the Services for repairs, maintenance, maintenance, updates or other work as we deem appropriate without prior notice to you.

You must obtain the Services yourself and bear third-party costs associated with it (such as Internet providers or on time), including fees associated with advertising display or transmission. In addition, you must provide all necessary equipment necessary to obtain the Services and be responsible for it.

The copyright, trademark, patent, database rights, trade secrets, any other intellectual property rights and/or other proprietary rights on the Platform shall remain our property.

3. Your Obligations

You are required to provide us with correct, accurate, truthful, up-to-date and complete information in accordance with the requirements of the Services Registry/Page (the aforementioned information is referred to as "Registration Information"). Upon completion of the membership registration process for the Services and confirmation, you will receive a set of account numbers and passwords.

In order for you to use the Platform and/or Services, you agree to the following:

(a) You shall maintain and immediately update the Registration Information to ensure that it is correct, true, accurate, up-to-date and complete;

(b) You are responsible for the security and confidentiality of the account and password;

(c) You shall keep your username and password safe;

(d) You shall use the Platform and/or Services out of your own free will and at your own risk;

(e) You shall not login under any account other than your own or allow other party to use your account at any time;

(f) You shall not have more than one account at any time;

(g) You shall not attempt to register in the name of any other individual or entity nor will you share your login credentials with any third parties;

(h) You are entirely responsible for all actions, activities that occur under your account;

(i) You shall notify us immediately should there be any unauthorised use of your account or other breach of security and you will take reasonable measures to prevent reoccurrence;

(j) You shall not interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; and

(k) When you connect or finish using your account, you need to log out or close your account.

If you do not comply with the aforementioned provision, we also reserve the rights to suspend or terminate your account and to deny you all or part of the Services now and in the future. We will not be liable to you or any third parties for any loss or damage arising from this provision.

4. Privacy

The Registration Information and other relevant information that are collected, kept and/or transferred by us are subject to the regulation and supervision of the Personal Privacy Protection Ordinance and our Privacy Policy which can be found here

5. Member behaviour

When you are using the Services or are aware of or have access to all information, materials, text, software, music, audio, photos, graphics, video, information or other materials (referred to as "Content") via the Services, whether it is posted publicly, or private, you acknowledge and agree that neither us nor any of our representatives (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of, or (ii) be under any obligation to update or correct any inaccuracy of, or (iii) be otherwise liable to you or any other person in respect of the Content or any information supplied herein or the assumptions on which it is based. Your use of the Content and/or information, including the reliance on the correctness, completeness, authenticity or usefulness of the same shall be at your own evaluation and you assume all risks. Accordingly, you agree that you shall not rely on any Content including but not limited to other parts of the Services.

You irrevocably agree not to use the Services for the following purposes:

(a) Impersonate any person or institution or misrepresent or misrepresent the relationship with any person or institution;

(b) Falsify the title or otherwise manipulate the identifying material to disguise the source of information transmitted through the Services;

(c) Collect and store personal data of other users;

(d) Engaged in any activities that are malicious, fraudulent, unethical, immoral, illegal, improper, and/or in bad faith;

(e) Transfer or sell the Services or materials to third parties in any form.

(f) Engaged in any conduct or activities that are or potentially detrimental to our business and/or commercial interests.

(g) Engaged in any conduct or activities that are or potentially breaching of any applicable laws and regulations.

(h) Engaged in any conduct or activities that are or potentially breaching of any third-party rights.

6. General measures for use and storage

You acknowledge that general measures and restrictions regarding the use of the Services may include, but are not limited to, the maximum period during which the Services will retain messages, bulletin board content or other uploads of Content, and may be sent and received in one account of the Services. The number of messages will be limited, as well as the maximum number of times you use the Services during a specific period of time (and the maximum time per use). You agree that we are not liable if any of the messages or other communications or other Contents maintained or transmitted by the Services are deleted or not stored by us. You also agree that we reserve the right to close, revoke or delete accounts that have not been used for a long time. You also agree that we have absolute powers to consider these measures and restrictions at any time, regardless of whether you have notified you beforehand.

7. Service modification

We, regardless of whether notice is given or not, reserve the right to modify, change or terminate the Services (or any part thereof) temporarily or permanently at any time. You agree that we shall not be liable to you or any third party for any modification, alteration, suspension or termination of the Services.

Upon termination of the Services and without prejudice to any of our other rights and remedies stated herein and under the law, we shall be entitled to (i) claim from you for all liabilities, losses and/or damages (including all solicitors’ fees and expenses) suffered by us; (ii) obtain injunctive relief to prevent your breach or to otherwise enforce the terms herein; and (iii) pursue any other right(s) remedy(ies) available at law or in equity.

8. Links

The Services or a third party will have the opportunity to provide links to other websites/resources on the World Wide Web/Internet. Since we have no control over the aforementioned websites and their related resources, you understand and agree that we will not be responsible for the existence, accuracy or availability of the above external websites or resources, and may exist or originate from the aforementioned websites or any Content, advertising, products or other materials of the resources do not imply endorsement by us. You further agree that we shall not be liable for any direct or indirect liability for any damage or loss arising out of or in connection with the use or reliance on any of the Content, goods or services of any of the aforementioned websites or resources.

9. General Terms

These Services T&C constitute your entire agreement with us and govern your use of the Services. Your use of related services, third party content or software should also comply with applicable additional terms, conditions and regulations of the applicable laws.

You shall indemnify and keep us and/or our individuals, employees, officers, subcontractors and/or agents as we may duly appoint as our representatives fully indemnified against all actions, claims, proceedings, demands, losses, damage, costs and/or expenses (including legal costs on an indemnity basis) which we may sustain, incur or pay arising from or in connection with (i) your act, omission, breach, default, negligence and/or misconduct; (ii) any issues arising out of use of the Services; and (iii) any breach or non-observance by you of any of the obligations, provisions, representations and/or warranties under these Services T&C. We also reserve our rights to terminate or suspend your account without notice in the event of (i),(ii) and (iii).

We may assign or novate our rights and obligations under the terms herein to another entity. You shall not assign your rights and obligations under the terms herein to another person or entity without our prior written approval.

The waiver by us of any one of your defaults does not waive subsequent defaults of the same or different kind.

These Services T&C and your relationship with us are governed by the laws of the Hong Kong SAR Government of the People's Republic of China ("Hong Kong") and do not apply to its foreign-related legal principles. You agree to accept the exclusive jurisdiction of the Hong Kong courts.

If any provision of the terms herein is held to be void, invalid and/or unenforceable whole or in part by any judicial or other competent authority, such provision shall be deemed to be deleted from these Services T&C and all other provisions of the terms herein will remain in full force and effect and will not in any way be impaired.

Terms of Use (“Services T&C”)

Standard Terms and Conditions (Buying and Selling Used or New Vehicle)

Please read this T&C carefully as they affect your rights and liabilities in opting for the Services and indicate your unequivocal acceptance of the same. This T&C shall be read together with all other documents presented to and/or executed by you. By signing this document, you agree to sell the Used Vehicle to us or our Partner Buyer and/or buy a New Vehicle from us. You are entering into a legally binding agreement.

Carro shall have the right to modify, update and/or amend this Standard Terms and Conditions and Privacy Policy at any time. Your use and continued use of the Services following the modification, updates and/or amendments will constitute your unequivocal acceptance to the same.

1. We are in the business of operating a one-stop centre where you can (a) sell the Used Vehicle to us or our Partner Buyer; and/or (b) purchase the New Vehicle from us, book and arrange for test drive and/or apply for financing and/or insurance via our partners. These Services are made available to you partly and/or wholly via the Platform.

2. This T&C sets out the terms and conditions which govern the Services below:

Part A1: Selling your Used Vehicle to us (direct sale);

Part A2: Selling your Used Vehicle to our Partner Buyer (virtual consignment);

Part A3: Selling your Used Vehicle to our Partner Buyer (physical consignment);

Part A4: General T&C on selling Used Vehicle;

Part B: Buying New Vehicle from us, test drive, your application for financing and/or insurance with our partners; and

Part C: Other Terms.

PART A1: SELLING YOUR USED VEHICLE TO US (DIRECT SALE)

3. Inspection

3.1 We shall conduct a first physical inspection of the Used Vehicle, collect relevant details and photographs of the Used Vehicle and relevant Transaction Documents. You agree that the inspection of the Used Vehicle is on the basis of visual and external checks only for quotation purposes.

3.2 We shall not be obliged to check for any manufacturer recall notices and the obligation is on you to check that the Used Vehicle is not subject to a recall notice. We shall also not be responsible for verifying the accuracy of the vehicle mileage as indicated by the odometer of the Used Vehicle.

4. Offer and Acceptance

4.1 Upon completion of the first inspection of the Used Vehicle, we may make available to you an Offer for the Used Vehicle Offer Price. The Offer remains valid for your Acceptance within seven (7) days from the date of our Offer, failing which you shall be deemed to have rejected our Offer. If our Offer is immediately accepted, no further inspection shall be necessary. If our Offer is not immediately accepted, you are required to allow us to conduct a further inspection of the Used Vehicle after you communicate your Acceptance.

4.2 The purpose of the further inspection is to verify that the conditions of the Used Vehicle have not changed since the first inspection. If we decide, at our sole discretion, that we are not satisfied with the condition of the Used Vehicle, we shall be entitled to (a) terminate our Offer, your Acceptance and/or this T&C with immediate effect; or (b) make a fresh Offer upon which the T&C shall apply to such fresh Offer. Non-satisfaction of the condition of the Used Vehicle may arise due to factors including but not limited to the Used Vehicle having been involved in a major accident, flood, fire, frame damage, mileage tempering, odometer fraud and/or has been declared total loss or beyond economic repair. In such circumstance, we shall not have any liability towards you under whatsoever circumstances and you shall not have any claims against us for the termination of the sale of the Used Vehicle.

5. Payment of the Used Vehicle Offer Price

5.1 Upon completion of the further inspection (if applicable) and our satisfaction of the condition of the Used Vehicle, we shall make payment of the Used Vehicle Offer Price:

(a) in the event you are NOT purchasing a vehicle from us, in accordance with Clause 6 of the T&C; or

(b) in the event you are purchasing a New Vehicle from us, the Used Vehicle Offer Price shall be set-off against the New Vehicle Offer Price.

5.2 In respect of Clause 5.1(b):

(a) if the Used Vehicle Offer Price is less than the New Vehicle Offer Price, you shall first pay to us the outstanding difference in price; or

(b) if the Used Vehicle Offer Price is more than the New Vehicle Offer Price, we shall first set-off the sums before remitting the difference (less any agreed applicable fee) to you simultaneously or within twenty-four (24) hours upon delivery of physical possession of the Used Vehicle and the relevant Transaction Documents to us.

6. Delivery and Completion of Sale

6.1 Subject always to prior appointment with us, you shall arrange for delivery of the Used Vehicle at our premise and Transaction Documents to us as soon as possible no later than five (5) days of your Acceptance, failing which we shall be entitled to charge a daily late delivery fee. Alternatively, we may also arrange for collection of the Used Vehicle at a location in Hong Kong as agreed between you and us provided that you bear responsibility for all risk including loss, injury and liability arising from delivery of the Used Vehicle. The Used Vehicle shall be deemed to be delivered to you upon the Used Vehicle leaving our premises. We shall not be responsible for any loss or damage suffered by any third party or any claim from any third party for delivery of the Used Vehicle.

6.2 If the Used Vehicle is unencumbered, you shall immediately deliver to us the physical possession of the Used Vehicle and the relevant Transaction Documents after which we will remit the Used Vehicle Offer Price (less any agreed applicable fee) to you simultaneously or within twenty-four (24) hours upon delivery of physical possession of the Used Vehicle and the relevant Transaction Documents.

6.3 If the Used Vehicle is subject to any facility or hire purchase with a third party (including a financial institution), we shall be entitled to arrange for the settlement of the Outstanding Amount for a fee, and procure such third party to issue a redemption, settlement or similar letter of facility/hire purchase.

6.4 The Outstanding Amount shall be set-off against the Used Vehicle Offer Price.

(a) If the Used Vehicle Offer Price is more than the Outstanding Amount, we shall first set-off the sums before remitting the difference (less any agreed applicable fee) to you within five (5) working days upon delivery of physical possession of the Used Vehicle and the relevant Transaction Documents to us.

(b) If the Used Vehicle Offer Price is less than the Outstanding Amount, you shall first settle the difference between the sums before we remit the Used Vehicle Offer Price to the relevant third party (including a financial institution). Thereafter, you shall immediately deliver to us the physical possession of the Used Vehicle and the Transaction Documents.

PART A2: SELLING YOUR USED VEHICLE TO OUR PARTNER BUYER (VIRTUAL CONSIGNMENT)

7. Relationship

7.1 We will facilitate the sale between you and our Partner Buyer by listing the Used Vehicle on the Platform. We will promote and market the Used Vehicle to our Partner Buyers in an attempt to get you a competitive selling price. You are free to continue to use the Used Vehicle unless or until an offer is accepted by you. For the avoidance of doubt, we do not guarantee that the Used Vehicle will be sold at your desired selling price nor can we guarantee the length of time it will take for the Used Vehicle to be sold.

7.2 You agree to appoint us (and any other individual, employees, officers, sub-contractors and/or agents as we may duly appoint as our representatives) to act as your facilitator for the sale of the Used Vehicle.

7.3 You irrevocably agree and undertake that you will not collude with any of our Partner Buyers to complete a transaction independently and separately in order to circumvent such Partner Buyer’s obligation to pay any fee to us, by selling to the Partner Buyer developed by us. This will be treated as a sale and relevant fees will be due and payable to us. A sale by or on your behalf to any person other than us, during the duration of this T&C with or without our assistance will also be treated as a sale and relevant fees will be due and payable. You are obliged to report to us in a timely manner should any attempt to do so are made known to you. We further reserve the right to report you to the relevant authorities, initiate legal action against you and bar you from engaging our Services whether at present or in the future.

8. Our Services & Fees (if any)

8.1 We provide the following services:

(a) represent you as a facilitator for the sale of the Used Vehicle;

(b) conduct first inspection on the Used Vehicle, collect relevant details and photographs of the Used Vehicle, and relevant Transaction Documents;

(c) advise you on the recommended listing and/or sale price of the Used Vehicle;

(d) attend to the listing of the Used Vehicle on the Platform and communicate the details of the Used Vehicle to our Partner Buyers;

(e) market the Used Vehicle in an attempt to obtain a competitive Used Vehicle Offer Price for the Used Vehicle;

(f) communicating to you the Used Vehicle Offer Price;

(g) arrange or facilitate test drive;

(h) facilitate the ownership transfer process of the Used Vehicle (in which you shall undertake to do everything necessary to procure the transfer of the Used Vehicle’s ownership to the Partner Buyer);

(i) remit payment to you upon our receipt of the purchase price (being the Used Vehicle Offer Price accepted by you or Target Price) from our Partner Buyer; and

(j) take delivery of the Used Vehicle and the relevant Transaction Documents from you.

8.2 Subject always to the completion of the sale and purchase of the Used Vehicle above, we shall be entitled to charge a fee made known to you prior to the provision of the Services.

9. Target Price

9.1 You expressly authorise us to list the Used Vehicle on the Platform without further reference to you. The target price for the Used Vehicle shall be an amount set by you and approved by us (“Target Price”).

9.2 If a Partner Buyer is able to match the Target Price, you shall be obliged to sell the Used Vehicle to such Partner Buyer at the Target Price. You may accept a Used Vehicle Offer Price that is lower than the Target Price as we may from time to time communicate to you.

10. Payment of Used Vehicle Offer Price or Target Price (as applicable)

10.1 If a Used Vehicle Offer Price is accepted or if there is a Target Price match for the Used Vehicle, we shall procure payment of the Used Vehicle Offer Price or the Target Price (as applicable):

(a) in the event you are NOT purchasing a New Vehicle from us, in accordance with Clause 11 of the T&C; or

(b) in the event you are purchasing a New Vehicle from us, the Used Vehicle Offer Price or the Target Price (as applicable) shall be set-off against the New Vehicle Offer Price.

10.2 In respect of Clause 10.1(b):

(a) if the Used Vehicle Offer Price or the Target Price (as applicable) is less than the New Vehicle Offer Price, you shall first pay to us the outstanding difference in price; or

(b) if the Used Vehicle Offer Price or the Target Price (as applicable) is more than the New Vehicle Offer Price, we shall first set-off the sums before remitting the difference (less any agreed applicable fee) to you simultaneously or within twenty-four (24) hours upon delivery of physical possession of the Used Vehicle and the relevant Transaction Documents to us.

11. Delivery and Completion of Sale

11.1 Subject always to prior appointment with us, you shall arrange for delivery of the Used Vehicle at our premise and relevant Transaction Documents to us as soon as possible no later than five (5) days from our payment of the first Used Vehicle Deposit (which shall always, for the purpose of this T&C, less any agreed applicable fee or other deposit) to you. Alternatively, we may also arrange for collection of the Used Vehicle at a location in Hong Kong as agreed between you and us provided that you bear responsibility for all risk including loss, injury and liability arising from delivery of the Used Vehicle. We shall not be responsible for any loss or damage suffered by any third party or any claim from any third party for delivery of the Used Vehicle.

11.2 The Used Vehicle shall be subject to a further inspection by the Partner Buyer to verify the conditions of the Used Vehicle. If we decide, at our sole discretion, that we are not satisfied with the condition of the Used Vehicle, we shall be entitled to, on behalf of our Partner Buyer, (a) terminate this T&C with immediate effect; or (b) make a fresh Offer upon which the T&C shall apply to such fresh Offer. Non-satisfaction of the condition of the Used Vehicle may arise due to factors including but not limited to the Used Vehicle having been involved in a major accident, flood, fire, frame damage, mileage tempering, odometer fraud and/or has been declared total loss or beyond economic repair. In such circumstance, we shall not have any liability towards you under whatsoever circumstances and you shall not have any claims against Carro for the termination of the sale of the Used Vehicle.

11.3 If the Used Vehicle is unencumbered, you shall immediately deliver to us the physical possession of the Used Vehicle and the relevant Transaction Documents after which we will remit the Used Vehicle Offer Price or the Target Price (as applicable) (less any agreed applicable fee and other deposit) to you simultaneously or within twenty-four (24) hours upon delivery of physical possession of the Used Vehicle and the relevant Transaction Documents.

11.4 If the Used Vehicle is subject to any facility or hire purchase with a third party (including a financial institution), we shall be entitled to arrange for the settlement of the Outstanding Amount for a fee, and procure such third party to issue a redemption, settlement or similar letter of facility/hire purchase.

11.5 The Outstanding Amount shall be set-off against the Used Vehicle Offer Price or the Target Price (as applicable).

(a) If the Used Vehicle Offer Price or the Target Price (as applicable) is more than the Outstanding Amount, we shall first set-off the sums before remitting the difference (less any agreed applicable fee and other deposit) to you within five (5) working days upon delivery of physical possession of the Used Vehicle and the relevant Transaction Documents to us.

(b) If the Used Vehicle Offer Price or the Target Price (as applicable) is less than the Outstanding Amount, you shall first settle the difference between the sums before we remit the Used Vehicle Offer Price or the Target Price (as applicable) to the relevant third party (including a financial institution). Thereafter, you shall immediately deliver to us the physical possession of the Used Vehicle and the Transaction Documents.

PART A3: SELLING YOUR USED VEHICLE TO OUR PARTNER BUYER (PHYSICAL CONSIGNMENT)

12. Relationship

12.1 We shall have exclusive right to promote and sell the Used Vehicle. We will facilitate the sale between you and our Partner Buyer by listing the Used Vehicle on the Platform. We will promote and market the Used Vehicle to our Partner Buyers in an attempt to get you a competitive selling price. For the avoidance of doubt, we do not guarantee that the Used Vehicle will be sold at your desired selling price nor can we guarantee the length of time it will take for the Used Vehicle to be sold.

12.2 You agree to appoint us (and any other individual, employees, officers, sub-contractors and/or agents as we may duly appoint as our representatives) to act as your facilitator for the sale of the Used Vehicle.

12.3 You irrevocably agree and undertake that you will not collude with any of our Partner Buyers to complete a transaction independently and separately in order to circumvent such Partner Buyer’s obligation to pay any fee to us, by selling to the Partner Buyer developed by us. This will be treated as a sale and relevant fees will be due and payable to us. A sale by or on your behalf to any person other than us, during the duration of this T&C with or without our assistance will also be treated as a sale and relevant fees will be due and payable. You are obliged to report to us in a timely manner should any attempt to do so are made known to you. We further reserve the right to report you to the relevant authorities, initiate legal action against you and bar you from engaging our Services whether at present or in the future.

13. Our Services & Fees (if any)

13.1 We provide the following services:

(a) represent you as a facilitator for the sale of the Used Vehicle;

(b) conduct first inspection on the Used Vehicle, collect relevant details and photographs of the Used Vehicle, and relevant Transaction Documents;

(c) advise you on the recommended listing and/or sale price of the Used Vehicle;

(d) attend to the listing of the Used Vehicle on the Platform and communicate the details of the Used Vehicle to our Partner Buyers;

(e) market the Used Vehicle in an attempt to obtain a competitive Used Vehicle Offer Price for the Used Vehicle;

(f) communicating to you the Used Vehicle Offer Price;

(g) arrange or facilitate test drive;

(h) facilitate the ownership transfer process of the Used Vehicle (in which you shall undertake to do everything necessary to procure the transfer of the Used Vehicle’s ownership to the Partner Buyer);

(i) remit payment to you upon our receipt of the purchase price (being the Used Vehicle Offer Price accepted by you or Target Price) from our Partner Buyer; and

(j) take delivery of the Used Vehicle and the relevant Transaction Documents from you.

13.2 Subject always to the completion of the sale and purchase of the Used Vehicle above, we shall be entitled to charge a fee made known to you prior to the provision of the Services.

14. Target Price

14.1 You expressly authorise us to list the Used Vehicle at the Target Price on the Platform without further reference to you.

14.2 If a Partner Buyer is able to match the Target Price, you shall be obliged to sell the Used Vehicle to such Partner Buyer at the Target Price. You may accept a Used Vehicle Offer Price that is lower than the Target Price as we may from time to time communicate to you.

15. Inspection

15.1 We shall conduct a first physical inspection of the Used Vehicle, collect relevant details and photographs of the Used Vehicle and relevant Transaction Documents. You agree that the inspection of the Used Vehicle is on the basis of visual and external checks only for quotation purposes.

15.2 We shall not be obliged to check for any manufacturer recall notices and the obligation is on you to check that the Used Vehicle is not subject to a recall notice. We shall also not be responsible for verifying the accuracy of the vehicle mileage as indicated by the odometer of the Used Vehicle.

16. Consignment

16.1 The minimum consignment period is one (1) month. The applicable fee is charged on a monthly basis. If the consignment period is less than one (1) month, we shall charge you a minimum of one-month non-refundable applicable fees. Depending on the duration of the consignment, you shall pay us the applicable fees on a monthly basis or such other time as we may in our sole discretion decide.

16.2 By delivering physical possession of the Used Vehicle to us, you agree to place the Used Vehicle on consignment with us (not a sale to us). In particular, the Used Vehicle shall be kept and retained on an as-is basis and shall be kept in a manner in accordance with customary trade practices. You are solely responsible for the Used Vehicle notwithstanding that the Used Vehicle is in our possession (such as any damage or accidents that may occur during the consignment period including damage or accidents arising from test drive).

16.3 If you wish to remove the Used Vehicle from our premises, you are required to provide at least 24-hour notice to us (email sufficient) and ensure all applicable fee including the management fees and charges are settled prior to the removal. We are entitled not to release your vehicle if such outstanding amount is not settled. In addition, we shall have a lien upon the Used Vehicle stored with us to secure payment of all unpaid charges, fees or expenses incurred under this T&C. If you are required by us to remove the Used Vehicle but failed to do so within a stipulated period, we shall have the right to hand over the Used Vehicle to the relevant authority without the need to notify you any further. We shall also be entitled to relocate the Used Vehicle to any of our premises. In none of these scenarios will you be entitled to claim from us any compensation related to such removal or relocation.

16.4 If repair or maintenance work becomes necessary while the Used Vehicle is on our premises during the consignment period, we shall seek your permission to complete the necessary repairs. If you refuse to authorise completion of necessary repairs recommended by us, we may terminate this T&C. In such event, we are authorised to retain the non-refundable applicable fee. We shall also be entitled to re-fuel the Used Vehicle if it falls below half tank (approximately HKD500 for each refuel in 2024) or recharge the battery (approximately HKD200 for each recharge in 2024). The value referred to above are approximate figures that may at our discretion change from time to time.

16.5 The Used Vehicle shall be subject to a further inspection by the Partner Buyer to verify the conditions of the Used Vehicle. If we decide, at our sole discretion, that we are not satisfied with the condition of the Used Vehicle, we shall be entitled to, on behalf of our Partner Buyer, (a) terminate this T&C with immediate effect; or (b) make a fresh Offer upon which the T&C shall apply to such fresh Offer. Non-satisfaction of the condition of the Used Vehicle may arise due to factors including but not limited to the Used Vehicle having been involved in a major accident, flood, fire, frame damage, mileage tempering, odometer fraud and/or has been declared total loss or beyond economic repair. In such circumstance, we shall not have any liability towards you under whatsoever circumstances and you shall not have any claims against Carro for the termination of the sale of the Used Vehicle.

17. Payment of Used Vehicle Offer Price or the Target Price (as applicable)

17.1 If a Used Vehicle Offer Price is accepted or if there is a Target Price match for the Used Vehicle, we shall procure payment of the Used Vehicle Offer Price or the Target Price (as applicable).

18. Delivery and Completion of Sale

18.1 Subject always to prior appointment with us, you shall arrange for delivery of the relevant Transaction Documents to us as soon as possible no later than five (5) days from buyer’s payment of the Used Vehicle Deposit (which shall never be less than 50% of the Used Vehicle Offer Price).

18.2 If the Used Vehicle is unencumbered, you shall immediately deliver to us the relevant Transaction Documents after which we will remit the Used Vehicle Offer Price or the Target Price (as applicable) (less any agreed applicable fee and other deposit) to you simultaneously or within twenty-four (24) hours upon delivery of the relevant Transaction Documents provided always that the Used Vehicle Deposit (which shall always, for the purpose of this T&C, less any agreed applicable fee or other deposits) have been received by us from our Partner Buyer.

18.3 If the Used Vehicle is subject to any facility or hire purchase with a third party (including a financial institution), we shall be entitled to arrange for the settlement of the Outstanding Amount for a fee, and procure such third party to issue a redemption, settlement or similar letter of facility/hire purchase.

18.4 The Outstanding Amount shall be set-off against the Used Vehicle Offer Price or the Target Price (as applicable).

(a) If the Used Vehicle Offer Price or the Target Price (as applicable) is more than the Outstanding Amount, we shall first set-off the sums before remitting the difference (less any agreed applicable fee and other deposit) to you within five (5) working days upon delivery of the relevant Transaction Documents to us provided always that the Used Vehicle Deposit have been received by us from our Partner Buyer.

(b) If the Used Vehicle Offer Price or the Target Price (as applicable) is less than the Outstanding Amount, you shall first settle the difference between the sums before we remit the Offer Price or the Target Price (as applicable) to the relevant third party (including a financial institution). Thereafter, you shall immediately deliver to us the Transaction Documents.

PART A4: GENERAL TERMS ON SELLING OF USED VEHICLE

19. Refund

19.1 You shall refund to us in full all and any monies paid to you by us (if any), without any counterclaims, deductions or set-offs, if a transaction fails for any reason including in the event a Partner Buyer fails to obtain financing/credit approvals or if the financing/credit approved is less than the intended financing amount.

20. Use of the Used Vehicle Pending Delivery and Completion of Sale

20.1 If for whatsoever reason we and/or our Partner Buyer has remitted any amount to a third party (including a financial institution where the Used Vehicle is under hire pursuant to a hire purchase arrangement) but has yet to take physical possession of the Used Vehicle or the transfer of ownership of the Used Vehicle to us or the Partner Buyer has yet to take effect, you acknowledge and agree that:

(a) ownership of the Used Vehicle rests with us or our Partner Buyer and that you are holding the Used Vehicle on trust for us or our Partner Buyer;

(b) until such time that we have taken physical possession and ownership of the Used Vehicle, you shall not use the Used Vehicle any further save and except to procure delivery of physical possession to us and nor deal with the Used Vehicle any further save and except to procure transfer of ownership to us or our Partner Buyer; and

(c) in the event that the condition of the Used Vehicle shall change or be altered in any manner whatsoever since the last inspection, we and/or our Partner Buyer shall be entitled to terminate the transaction with no further liability towards you and we shall be entitled to recover from you all such sums paid towards the purchase of the Used Vehicle from you.

21. Representations and Warranties

21.1 In consideration of all of the above, you represent and warrant to us that at all times:

(a) you are the rightful, registered, legal and beneficial owner of the Used Vehicle; you have the absolute power, right and authority to enter into the arrangements contemplated here; and the entering of the T&C and/or sale of the Used Vehicle will not breach any agreement, provision and/or covenant with any third party;

(b) unless notified prior to the Used Vehicle Offer Price or Target Price, the Used Vehicle is free and clear from all liens, loans and encumbrances;

(c) the Used Vehicle is not stolen good, not obtained fraudulently, not used in any illegal activities, not involved in any crime and/or not installed with any illegal parts or accessories;

(d) the chassis number, engine number, mileage and/or odometer of the Used Vehicle shall not have been tampered with;

(e) the Used Vehicle has not undergone any replacement of engine and/or modification without endorsement from the appropriate authorities and in contravention of any applicable Rules at all times;

(f) the set-in computer system of the Used Vehicle has never been changed, tempered or altered and no malfunction records of the said computer system has been removed;

(g) the Used Vehicle shall be free from any summons, fines, penalties and/or outstanding parking fees (“Fines”). We shall not be held responsible and/or liable for any Fines that has been incurred prior to and/or at the time of sale of the Used Vehicle to us or our Partner Buyer;

(h) the Used Vehicle shall be free from any lawsuits, claims, injunctions, investigations, proceedings, legal and/or any regulatory actions;

(i) the Used Vehicle shall be fully serviced and comply with all requirements of the Department of Transport of Hong Kong;

(j) you shall promptly inform and disclose to us any defect and/or condition relating to the Used Vehicle that is made known or should have made known to us at any time prior to the sale process and shall continue to keep us informed of the condition of the Used Vehicle at all times until the Used Vehicle is successfully sold and delivered to our possession. For the avoidance of doubt, “defect “ shall include but not limited to major accident, flood, fire, frame damage, total loss, replacement of engine, cut and joint, modification, engine drivetrain, transmission, other major mechanical and/or electric parts that do not operate (including problems with steering, clutch, suspension and/or brakes) and “condition“ shall include but not limited to all information regarding the ownership, history, accident record, financing and/or insurance particulars of the Used Vehicle;

(k) the condition of the Used Vehicle on the date we receive or take physical possession of the Used Vehicle is the same as the condition of the Used Vehicle during the relevant inspection;

(l) the Transaction Documents and any other documents related to the Used Vehicle are complete, up-to-date and genuine;

(m) should the Used Vehicle be subject to any outstanding facility or hire purchase amount with a third party (including a financial institution), whether presently or previously, you shall procure or cause to be procured that relevant documents be furnished to us and the relevant authorities (if applicable);

(n) you have obtained and will continue to maintain all related documentation, full liability insurance and/or any other necessary insurance, permit and/or license required for the Used Vehicle, including but not limited to permits and licenses which shall be obtained from authorised government authorities and shall submit copies of such permit and/or license to us, where required;

(o) all information provided by you to us is true, up-to-date and accurate;

(p) in relation to the Used Vehicle’s condition, the Used Vehicle has not been (i) affected by flood, fire and/or frame damage; (ii) involved in major accident; (iii) involved in a vehicle cloning activity; (iv) declared as a total loss or beyond economic repair; (v) a “cut and join” or blacklisted by any government authority; and/or (vi) is not one where the chassis or engine number is not visible; and

(q) if you wish to retain the number plate of the Used Vehicle (“Interchange“), you shall promptly and without delay do all acts and execute all documents whenever requested by us and the relevant authorities to give effect to the Interchange.

21.2 If any of the above representation or warranty shall at any time hereafter be found to have been untrue, incorrect, misleading and/or inaccurate in any respect, then notwithstanding anything to the contrary and without prejudice to any of our other rights and remedies stated in this T&C or under the laws (including institution of legal proceedings against you or claiming indemnity from you for any third party claims such as losses of our Partner Buyer), we shall have the right, among other things, to terminate the entire sale transaction of the Used Vehicle, remove the listing of the Used Vehicle from the Platform and/or terminate this T&C and demand a refund to us in accordance with Clause 19 (Refund). In exchange, if the Used Vehicle is under our custody, we will return to you the physical possession of the Used Vehicle and the relevant Transaction Documents delivered and deposited by you to us. However, if the Used Vehicle is under the custody of relevant authorities or is transferred into the custody of the relevant authorities, you acknowledge that we are in no position and shall not be obliged to return to you the physical possession, ownership and the relevant Transaction Documents of the Used Vehicle delivered and deposited by you to us.

21.3 We reserve the right to report you to the relevant authorities if we have proof or reasonably believe that you have undertaken fraudulent or illegal practice and/or activities with regard to the Used Vehicle and/or undertaken any activities harmful or prejudicial to us during the course of provision of the Services.

22. Non-Registration

22.1 You shall promptly and without delay do all acts and execute all documents whenever requested by us to assist us in the process of selling the Used Vehicle (including the transfer of vehicle ownership).

22.2 In the event the legal ownership of the Used Vehicle cannot be transferred for whatsoever reason, we shall be entitled:

(a) to demand a refund to us/our Partner Buyer in accordance with Clause 19 (Refund) remitted by us/our Partner Buyer to you and/or such third party for the purpose of purchasing the Used Vehicle; and

(b) in exchange and provided that the Used Vehicle is not under the custody of relevant authorities or is transferred into the custody of the relevant authorities, we will return to you the physical possession of the Used Vehicle and the relevant Transaction Documents delivered and deposited by you to us/our Partner Buyer pursuant to the above.

22.3 You agree that you shall not have any claim against Carro for the cancellation of the sale of the Used Vehicle.

23. Other Services

23.1 If you require any of our authorised employee, representative and/or agent to drive the Used Vehicle as part of the provision of our Services to facilitate the sale of the Used Vehicle, you shall authorize and nominate such person to be the driver and you agree that neither we nor such authorized person shall be liable for any loss and/or damage to the Used Vehicle and any other losses, damage, cost and/or expenses whatsoever and howsoever caused (including without limitation to the loss of no-claim discount in respect of the Used Vehicle’s insurance). You further agree and acknowledge that we and our employees, representatives and/or agents shall have no responsibility for risk and/or liability arising from bodily injury, death and/or property damage due to the negligence of a third party while providing the Services. We do not however exclude liability that cannot be excluded and/or limited by laws applicable to this T&C.

PART B: BUYING NEW VEHICLE FROM US

24. Test Drive

24.1 Any test drive of the New Vehicle shall be subject to this T&C and any additional terms that is imposed by us which is made known to you prior to the test drive.

25. Offer to Purchase the New Vehicle and New Vehicle Deposit

25.1 You shall indicate your Offer to Purchase to our personnel servicing you and submit the relevant Transaction Documents as requested by us from time to time. Upon our receipt of your Offer to Purchase, you shall enter into this T&C and make payment of the first New Vehicle Deposit. Upon payment of the first New Vehicle Deposit, we shall reserve the New Vehicle for seven (7) days only (or such other duration as we deem fit) from the date of our receipt of the first New Vehicle Deposit. You are entitled to inspect or arrange for inspection the condition of the New Vehicle at your own expense prior to agreeing to purchase the Used Vehicle. You shall be responsible to satisfy yourself and you declare and agree that your decision to purchase the Used Vehicle is solely based on your assessment of the Used Vehicle or that of your appointed third party such as any government approved vehicle inspection agency / motor surveyor to inspect the Used Vehicle (including mileage shown on the Used Vehicle's odometer or actual distance travelled by the Used Vehicle). You have not relied on any representation or warranty from us in reaching the decision to purchase the Used Vehicle and you have at your own risk and judgment relied upon yourself or your appointed third party’s inspection.

25.2 Only upon (a) our receipt of the first New Vehicle Deposit for the New Vehicle, and (b) your communication to us of your satisfactory inspection of the Used Vehicle, shall we be deemed to have accepted your Offer to Purchase where we will issue to you a receipt for the first New Vehicle Deposit. Your Offer to Purchase is not transferable.

25.3 You are entitled to cancel your Offer to Purchase at any time by writing to us for so long as we have not accepted your Offer to Purchase. If this occurs, we shall be entitled to forfeit the first New Vehicle Deposit and all losses suffered (including administrative fee, management fee, difference in price when the Used Vehicle is resold). You shall not have any claims against us for the cancellation of your Offer to Purchase.

26. Payment of Further New Vehicle Deposit and Financing

26.1 If you are purchasing the New Vehicle by cash, you shall pay the second New Vehicle Deposit for the New Vehicle as soon as possible no later than seven (7) days from the payment date of the first New Vehicle Deposit. We may but shall not be obliged to waive the condition requiring that you pay to us the second New Vehicle Deposit.

26.2 If you are purchasing the New Vehicle by way of financing, you shall ensure (a) you submit all financing/credit applications for such financing company’s approval within seven (7) days from the payment date of the first New Vehicle Deposit and (b) you obtain and execute the facility or financing agreement within thirty (30) days from the payment date of the first New Vehicle Deposit.
If you fail to obtain financing/credit approvals or if the financing/credit approved is less than the intended financing amount, you shall pay in cash for the portion that is not funded via financing.

26.3 (a) If not waived according to Clause 26.1 and you are unable to pay the second New Vehicle Deposit in cash within fourteen (14) days from the payment date of the first New Vehicle Deposit, or (b) you are unable to complete the financing arrangement within thirty (30) days from the payment date of the first New Vehicle Deposit, then you shall be deemed to have cancelled your Offer to Purchase and we shall be entitled to make the New Vehicle available to another potential buyer as we deem fit.

27. Delivery and Completion of Purchase

27.1 Within fourteen (14) days (in respect of purchase via cash) or within thirty (30) days (in respect of purchase via financing) after our receipt of the first deposit for the New Vehicle Deposit , we shall facilitate the vehicle ownership transfer and shall, on delivery or collection date for the New Vehicle, ensure that:

(a) we deliver to you the New Vehicle;

(b) we provide you or your financier with the relevant Transaction Documents relating to transfer of ownership of the New Vehicle in your favour; and

(c) the ownership of the New Vehicle is duly registered in your name.

Failing to collect or arrange for collection of the New Vehicle will entitle us to charge you a daily late collection fee.

27.2 Upon successful transfer of vehicle ownership, you shall promptly and without delay do all acts and execute all documents whenever requested by us (including to pay the remainder balance for the New Vehicle to us) on or before the delivery or collection date for the New Vehicle.

27.3 Physical possession of the New Vehicle shall be delivered to you at our premises; or your selected location in Hong Kong provided always that we shall be entitled to charge a fee in the event your selected location is outside our delivery area. The applicable fee shall be notified to you prior to the delivery and shall be paid to us before we deliver the New Vehicle to you.

27.4 You shall sign-off a Handover Form upon our delivery of the physical possession of the New Vehicle to you which shall indicate amongst others, the mileage of the New Vehicle. You acknowledge that the risk of damage to and/or loss of the New Vehicle shall pass or be transferred to you upon the signing of the Handover Form.

27.5 You acknowledge that:

(a) the purchase of the New Vehicle is on an “as-is, where-is” and “willing buyer willing seller” basis;

(b) you shall have conducted your own due diligence on the New Vehicle prior to payment of any New Vehicle Deposit and has satisfied yourself on the condition and status of the New Vehicle; and

(c) you shall be deemed to be irrevocably satisfied with the condition and status of the New Vehicle upon your payment of the New Vehicle Deposit.

28. Dealings with our Partners

28.1 We seek to provide you a hassle-free and convenient route to vehicle ownership and thus have identified various Partners to supplement our Services. You authorise us to provide information relating to you (including your personal data) to our Partners to enable them to offer you a financing facility and insurance for the purchase of the New Vehicle.

28.2 Though we may recommend their services and/or products to you, you are not obliged to engage with them and as such, any dealings that you may have with them is at your independent choice and risk. Further, your engagement with our Partners and/or acceptance of their services and/or products may be subject to further terms and conditions as may be agreed between you and our Partners and we do not have any authority to interfere on the same.

28.3 We shall not be held liable for any commitments made by our Partners and any costs and/or expenses you incur (including but not limited to processing fees or deposits), loss and/or damages that may arise from our Partner’s failure to honour such commitments (including but not limited to processing fees or deposits charged by such insurer and financier).

PART C: OTHER TERMS

29. Transactions through your Appointed Third Party

29.1 You undertake, represent, and warrant that any third party or dealer ( “Authorised Person”) appointed by you has been duly authorized in writing and fully empowered to act on your behalf in all matters relating to the sale or purchase of the Used Vehicle. This includes, without limitation, the authority to negotiate, execute, and manage all necessary agreements, paperwork, and administrative tasks such as the sale and purchase agreement, ownership transfer, vehicle registration with relevant authorities, and any additional documents or steps we deem necessary to complete the transaction.

29.2 We reserve the right to request, review and verify any documentation or evidence substantiating the Authorised Person’s authority to act on your behalf. If such authority cannot be adequately demonstrated or if any doubts arise regarding the scope or legitimacy of the Authorised Person’s authorization, we may, at our sole discretion, suspend or decline the transaction.

29.3 You acknowledge and accept full responsibility for any risks, liabilities or consequences associated with the sale or purchase of the Used Vehicle conducted by the Authorised Person on your behalf, regardless of the nature or source of those risks.

29.4 At your own expense, you shall provide us with any assistance, documents, materials and information we may reasonably require to complete and facilitate the sale transaction.

29.5 In the event of the cancellation, termination or non-completion of the sale or purchase of the Used Vehicle, as the case may be, you shall ensure that you promptly refund in accordance with Clause 19 (Refund) ; or return the Used Vehicle immediately, without delay to us at your own expense and compensate us for any additional losses or damages incurred due to such failure.

29.6 We reserve the right to initiate legal proceedings against you and the Authorised Person to recover the refund in accordance with Clause 19 (Refund) or reclaim the Used Vehicle, as the case may be and you shall also be liable for any associated legal fees, costs, expenses and interest incurred by us in connection with the recovery of the same.

30. Limitations of Liability

30.1 Your use of the Platform is at your sole risk. We disclaim any express or implied warranties of accuracy, timeliness, currentness, completeness, non-infringement, fitness for purpose, merchantability or applicability of the Platform for any purpose, except those warranties which are implied by and incapable of exclusion, restriction and/or modification under the laws applicable to this T&C.

30.2 We shall not be liable to you in the following circumstances:

(a) any breach of and/or non-adherence of this T&C and/or any applicable Rules by you and/or any other third party;

(b) any act, omission, default, negligence and/or breach by you and/or any other third party;

(c) when we adhere to any applicable Rules; and/or

(d) when any Force Majeure Event occurs.

30.3 Further, we shall not be liable to you for any: (a) indirect, incidental, consequential, punitive or special damages whatsoever; or (b) loss of profits, loss of business, loss of opportunity or loss of goodwill, arising out of or in connection with this T&C.

30.4 Our entire aggregate liability for all claims made in respect of or in connection with this T&C, howsoever arising, shall in no circumstances exceed the amount equivalent to the charges paid by you to us provided that our liability shall always be reduced to the extent that the same is caused or contributed to by any act, omission, misconduct, default or breach of our Partner, Partner Buyer and/or you. If you can make claims from your insurance company(ies), then you should do so. Our liability to you shall also be reduced to the extent of your claims from such insurance company(ies).

31. Indemnity

31.1 You shall indemnify and keep us and our holding company, related company, subsidiary, associate and/or any entity directly or indirectly affiliated with our company from time to time, and/or our individuals, employees, officers, subcontractors and/or agents as we may duly appoint as our representatives and/or our Partner Buyer, fully indemnified against all actions, claims, proceedings, demands, losses, damages, costs and/or expenses (including legal costs on an indemnity basis) which we may sustain, incur or pay arising from or in connection with:

(a) your and/or the Authorised Person your act, omission, breach, default, negligence and/or misconduct;

(b) any issues arising out of the Used Vehicle or the New Vehicle; and

(c) any breach or non-observance by you of any of the obligations, provisions, representations and/or warranties under this T&C.

32. Termination

32.1 We have the right to terminate the sale and/or purchase of the Used Vehicle and/or the New Vehicle at any time in the event of the following:

(a) you are found or suspected to be engaged in activities that are malicious, fraudulent, unethical, immoral, illegal, improper and/or in bad faith;

(b) your conduct is detrimental to our business interests;

(c) your breach of any applicable Rules;

(d) your breach of any third-party rights;

(e) your breach of any provisions of this T&C; and/or

(f) such other basis as we may in our sole discretion deem fit.

33. Miscellaneous

33.1 Intellectual Property. The copyright, trademark, patent, database rights, trade secrets, any other intellectual property rights and/or other proprietary rights on the Platform shall remain our property.

33.2 Tax. Where any tax is applicable to this Services, we shall be entitled to charge or deduct such amount of tax payable to us from you.

33.3 Personal data. You consent to the processing of your personal data (as defined in the Personal Data (Privacy) Ordinance (Cap 486)) by us in accordance with the provisions of the Privacy Policy https://carro.co/hk/en/terms#privacy-policy and for such purposes as may be necessary for the provision of the Services.

33.4 Credit check. You authorise and give full consent to us to conduct credit check, trade check and/or other check(s) on you and/or the Used Vehicle as we may deem fit including but not limited to checking with registered credit bureau and/or any reporting agency(ies) for the purpose of assessing your credit worthiness (such as Nova Credit Limited, Pingan OneConnect Credit Reference Services Agency (HK) Limited and TransUnion) at any time for as long as you have a relationship with us and/or where any dues remain unpaid and outstanding with us, and that you agree to execute all consent form(s) and/or to provide any additional document(s) necessary for such credit check(s). You understand and agree that any information given by you including the personal data collected or held by us (whether obtained through the Platform, your previous or current transactions with us or otherwise) may be processed, held, used and/or disclosed to any relevant credit bureau, reporting agency(ies) and/or credit checking officer(s) as we may deem necessary, particularly in the event of any non-compliance on your part, without any liability and notice to you.

33.5 Force majeure. We shall not be liable to you for any breach, hindrance and/or delay in our performance of this T&C attributable to any cause beyond our control, including without limitation to:

(a) acts of God or natural catastrophe including but not limited to earthquakes, cyclone, storm, fire, explosion, flood, landslide, subsidence, lightning, exceptionally inclement weather, pandemic and/or epidemic;

(b) war or threat of war (declared or undeclared), invasion, act of a foreign enemy, hostilities between nations, civil insurrection, militarily usurped power, act of public enemy, sabotage, malicious damage, terrorism and/or civil unrest;

(c) failure or shortage of power supplies, telecommunication, utility, strike, lockout, labour controversy and/or other industrial action or disturbance;

(d) trade restriction or disruption, imposition of new governmental regulations, orders and/or laws that substantially hinder or prevent our performance;

(e) confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint and/or damage to property by or under the order of any government authority; and/or

(f) any act, omission, negligence, default, misconduct and/or breach of any third party.

(each a “Force Majeure Event”).

If a Force Majeure Event lasts for more than seven (7) days, we may terminate the sale and/or purchase of the Used Vehicle and/or the New Vehicle by written notice and without any liability to you.

33.6 Source of fund. Your funds to pay for the Used Vehicle or New Vehicle are legally acquired which shall not violate any applicable Rules including without limitation, applicable anti-money laundering laws.

33.7 Independent contractors. You and us are independent contractors of each other, and this T&C does not create any employment, joint venture or partnership relationship between you and us. We are as such entitled to collect any fees and/or rebates from any company or person.

33.8 Assignment. We may assign or novate our rights and obligations under this T&C to another entity. You shall not assign your rights and obligations under the terms herein to another person or entity without our prior written approval.

33.9 Waiver. Neither the failure or delay by us to enforce any right, power and/or privilege under any provision of the terms herein, nor the giving of any time or indulgence, shall be considered as a waiver of any of our rights, powers or privileges under this T&C, nor prejudice our rights, powers or privileges on any subsequent occasions. The waiver by us of any one of your defaults does not waive subsequent defaults of the same or different kind.

33.10 Severability. If any provision of the terms in this T&C is held to be void, invalid and/or unenforceable in whole or in part by any judicial or other competent authority, such provision shall be deemed to be deleted from this T&C and all other provisions of the terms will remain in full force and effect and will not in any way be impaired.

33.11 Language. This T&C is drawn up in English and in Chinese language versions. In case of any dispute, the English language version shall prevail.

33.12 Third party. This T&C does not confer any rights on any person or party (other than the parties to this T&C) pursuant to Contracts (Rights of Third Parties) Ordinance (Cap. 623).

33.13 Governing law and jurisdiction. The terms are governed by Hong Kong laws. You agree to submit all disputes to the exclusive jurisdiction of the Hong Kong courts.

33.14 Counterpart. This T&C may be executed in counterparts by handwritten or electronic signatures, each of which when signed shall be an original, and such counterparts taken together shall constitute one and the same agreement.

33.15 Definitions.

SCHEDULE OF FEES AND CHARGES

(as of 1 Oct 2024)

Privacy Policy

Beyond Cars Ltd. doing business as ("Carro") is committed to protecting and respecting your privacy.

This policy (together with any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us (where "us", in this policy, means Beyond Cars Ltd. and our subsidiaries), will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

If you are under 18, please do not send any personal data about yourself to us.

1                    Information collection 

1.1               In order to provide a better service to you, we may collect and process the following data about you:

(a)       information that you provide by filling in forms on our site https://carro.co/hk/ (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information at other times, for example in connection with a promotion or when you report a problem with our site;

(b)       if you contact us, we may keep a record of that correspondence;

(c)       we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;

(d)       details of transactions you carry out through our site and of the fulfilment of your orders;

(e)       details of your visits to our site and the resources that you access.

1.2               We only retain personal data for so long as it is necessary. Data may be archived as long as the purpose for which the data was used still exists.

2                    Uses made of the information 

2.1               The purposes for which information may be used by us in and outside Hong Kong include:

(a)       ensuring that content from our site is presented in the most effective manner for you and for your computer;

(b)       providing you with alerts, newsletter, education materials or information that you requested or signed up to;

(c)       carrying out our obligations arising from any contracts entered into between you and us;

(d)       allowing you to participate in interactive features of our service, when you choose to do so;

(e)       designing and conducting surveys/questionnaires for client profiling/segmentation, statistical analysis, improving and furthering the provision our products and services;

(f)        complying with laws and regulations applicable to us or any of our affiliates in or outside Hong Kong;

(g)       legal proceedings, including collecting overdue amounts and seeking professional advices;

(h)       researching, designing and launching services or products including seminars/events/forums;

(i)         promoting and marketing services and products subject to your exercise of the opt-out right (please see further details in clause 2.2 below); or

(j)         purposes directly related or incidental to the above.

2.2               We intend to use your data in direct marketing and we require your consent (which includes an indication of no objection) for that purpose. In this connection, please note that:

(a)       your name, contact details (including address, contact number, email address), products and services information, transaction pattern and behaviour, background and demographic data held by us from time to time may be used by us in direct marketing;

(b)       the following classes of services, products and subjects may be marketed in direct marketing:

(i)          services and products related to our site and/or our affiliates (including marketing affiliates programs we are a part of);

(ii)         reward, loyalty or privileges programmes, promotional offers and related services; and

(iii)        invitations to events such as seminars/webinars/tele-seminars, conferences, live programs or events.

(c)       We may conduct direct marketing via fax, email, direct mail, telephone and other means of communication or send e-newsletters to you. You may choose not to receive promotional materials, by simply telling us (see below for contact details), and we will cease to do so, without charge.

3                    Disclosure of your information 

3.1               We will keep the personal data we hold confidential but may provide information to:

(a)       personnel, agents, advisers, auditors, contractors, financial institutions, and service providers in connection with our operations or services;

(b)       our overseas offices, affiliates, business partners and counterparts (if any);

(c)       persons under a duty of confidentiality to us;

(d)       persons to whom we are required to make disclosure under applicable laws and regulations in or outside Hong Kong; or

(e)       actual or proposed transferees or participants of our services in or outside Hong Kong.

4                    Cookies 

4.1               Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

4.2               A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.

4.3               We use the following cookies: 

(a)       Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services. 

(b)       Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. 

(c)       Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

(d)       Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

4.4               Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

4.5               Our website uses Google Analytics, a web traffic analysis service provided by Google Inc. ("Google"). Please refer to http://www.google.com/policies/privacy/partners to find out more about how Google uses data when you use our website and how to control the information sent to Google.

4.6               You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site. 

4.7               Furthermore, you can prevent Google's collection and processing of data by using the Google Ads Settings page or downloading and installing their browser plug-in (https://tools.google.com/dlpage/gaoptout).

5                    Security 

5.1               All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

5.2               Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk and you agree not to hold us responsible for any breach of security while accessing the internet that is out of our control. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

6                    Third party websites

Our website may contain links to other sites ("Linked Sites"). We are not responsible for the privacy policies or practices of such other Linked Sites. We encourage our users to be aware when leaving our website to read the privacy policies or statements of each Linked Site that collects your personal data. You agree to waive any claim against us with respect to the Linked Sites.

7                    Changes to our Privacy Policy

Any changes we may make to our Privacy Policy in the future will be posted on this page. Your continued use of our services constitutes your agreement to this Privacy Policy and any updates.

8                    Data transfers

We may hold your data on servers in Hong Kong, Singapore and any other territories as we see fit from time to time. We may also transfer your data to our overseas offices or to any people listed at clause 3.1 above, who may be located in or outside of Hong Kong.

9                    Your consent and rights

9.1               By using our service, making an application or visiting our website, you consent to the collection and use of your information and other activities as outlined in this policy.

9.2               Under the Personal Data (Privacy) Ordinance (the "PDPO") (Chapter 486 of the Laws of the Hong Kong Special Administrative Region), individuals have the right:

(a)       to check whether we hold personal data about you and to access such data;

(b)       to require us to correct as soon as reasonably practicable any data relating to you which is inaccurate;

(c)       to ascertain our policies and practices in relation to personal data and the kind of personal data held by us; and

(d)       to object to the use of your personal data for marketing purposes and we shall not use your personal data for marketing purposes after you communicate your objection to us.

9.3               You may exercise your opt-out right by notifying us if you wish to object to the use of your personal data for direct marketing purposes. Please send requests for such objections, access to data, correction of data, information regarding policies and practices and kinds of data held, questions or complaints to:

Name: Data Protection Department
Address: 1A Concordia Plaza, 1 Science Museum Road, Tsim Sha Tsui East
Email: [email protected]

9.4               According to the PDPO, we have the right to charge reasonable processing fees for requests for access to personal data.

10                 Governing law and jurisdiction 

Nothing in this Privacy Policy shall limit the rights of the data subject under the PDPO. This Privacy Policy Statement shall be governed by, and construed in accordance with, the laws of the Hong Kong Special Administrative Region.

11                 Language 

If there is any discrepancy between the Chinese and English versions, the English version shall prevail.