Terms of Use (“Services T&C”)
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.
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 these Services 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.
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.