TERMS OF USE
BYD AUTO INDUSTRY COMPANY LIMITED
Welcome to BYD website https://www.byd.com/bs, and all its divisions, subsidiaries, affiliates, internet sites, and social networks, which offer you access to the website and sell products or services to you under the terms and conditions established therein, by accessing and using our website, visitors are bound by these Terms without limitation or reservation. These Terms should be read in conjunction with the Privacy Policy and Cookies Policy for the website which tells you how we collect and use personal data you provide to us or which we collect. Therefore, we ask you to read these terms and conditions carefully before using the website https://www.byd.com/bs, given that any use of this website constitutes acceptance of these Terms and Conditions and your understanding of them, If you do not accept these terms and conditions of use, you will not be able to use this site; however, if you continue on this website it will be understood that you have accepted these Terms and Conditions. Do not continue using the website https://www.byd.com/bs if you do not accept all the terms and conditions established on this page.
Throughout this site, the following terms, whether capitalized or lowercase, plural or singular, will hereinafter have the following meanings:
1.- We", "our" and "BYD": refer to BYD AUTO INDUSTRY COMPANY LIMITED.
2.- “Site”, “The Site”, “The Website”, the “Internet Page”, “Web Page” “Page” “The Portal” and “The Web Portal”: https://www.byd.com/bs
3.- "You", "The User" or "THE CLIENT": refer to any person who has access to and/or uses this Website.
4.- "The Products", "The Product", "Product" "Products": It is the merchandise that BYD sells through this Website.
I. INTRODUCTION:
These terms and conditions regulate the use of the website https://www.byd.com/bs, of which BYD AUTO INDUSTRY COMPANY LIMITED, is the owner, which is a Company with address located at No.3009, BYD Road, Pingshan, Shenzhen,518118, P.R. China, which the Portal user must read and accept to use all the services and information provided by the portal. Access and/or use of the portal, of all or part of its contents and/or services, means full acceptance of these general conditions of use.
II. TERMS OF USE:
Through its website, BYD puts at your disposal a digital environment in which clients, suppliers, merchants, journalists, communicators, subscribers, and users, in it, are offered the possibility of acquiring certain goods or services, due to the content and purpose of the website. Likewise, access to and use of the portal is regulated, including the content and services made available to users on and/or through the portal, either by the portal, by its users, or by third parties. However, access and use of certain content and/or services may be subject to certain specific conditions.
To use the website, you must be 18 years of age or, where appropriate, be accessing under the supervision and consent of your parents, whoever has the bequeathed exercise of parental authority, guardianship, custody, or legal guardian if it is the case.
III. COOKIES:
We employ the use of cookies. By using the website you accept the use of cookies under BYD's privacy policy. Most of today's modern interactive websites use cookies to enable us to retrieve user details for each visit.
Cookies are used in some areas of our website to enable the functionality of this area and ease of use for people who visit it. Some of our affiliate/advertising partners may also use cookies.
IV. INFORMATION ABOUT US
The website (https://www.byd.com/bs) managed by BYD AUTO INDUSTRY COMPANY LIMITED, keeps you up to date with BYD's global information and advertising about BYD’s products and services, and more. The products presented by BYD on this website are intended for the Costa Rican market only.
V. DETAILS OF THE VEHICLES
All the statistics and data quoted for the vehicles on this website are measured in a controlled environment under the applicable laws. The measurement is performed on a standard production vehicle. In practice, the performance of the vehicles could be affected by the factors such as weather conditions, load, tire pressure, driving behavior, etc.
VI. PRICES
Please note that the prices are shown on our website [are indicative only] and do not constitute an offer for the sale of BYD's products and services. The prices may be subject to change depending on factors such as the particular specification of a vehicle, therefore, before making the corresponding payments, the Client must previously verify and accept the cost of the products, the shipping, if applicable, and the Value Added Tax (VAT), which will be added under the applicable laws and rules.
VII. OUR DISTRIBUTOR
Our vehicles, other products, and services (together referred to in these terms as “vehicles”) are sold in Costa Rica through approved distributor. Please note that whilst such distributor sell BYD vehicles, they are not acting as agents for BYD. These terms do not apply to websites operated by distributor and each distributor’s website shall be subject to its terms of use.
VIII. TEST DRIVES
You can use the website to request a test drive of a vehicle (or vehicles) shown on the website. Please note that submitting a request for a test drive does not guarantee that you will be offered a test drive.
Test drives are offered subject to status, terms and conditions, and vehicle and dealer availability. For more information about booking a test drive, please contact us or our distributor.
IX. PROMOTIONS
From time to time, we may run promotions on the website. Where you wish to participate in any such promotion, please ensure you first check the promotional terms and conditions as these will apply to any entry which you submit.
X. INTELLECTUAL PROPERTY
All material on this website is protected by copyright laws and other applicable laws of each country. BYD’s intellectual property rights (including copyright, trademark rights, and patent rights) will remain the exclusive property of BYD. Materials and BYD’s intellectual property rights are prohibited to use (including without limitation, copying, modifying, reproducing in whole or in part, uploading), without obtaining BYD's prior written consent.
XI. TRADEMARK
The trademark, logos, images, and service mentions on this website are the property of BYD. They may not be used, downloaded, copied, or distributed in any way whatsoever without the prior written consent of BYD.
Any unauthorized use of industrial and intellectual property, logos, trade names, patents, designs, and trademarks of THE PRODUCTS will result in an administrative infringement procedure established in the Industrial Property Law ofCosta Rica and in the Copyright Law or any other similar proceeding abroad under applicable law and, ultimately, in payment of any damages and losses resulting therefrom.
XII. HYPERLINKS
Our website may contain hyperlinks to other completely independent Internet sites. BYD does not warrant the accuracy, completeness, or authenticity of the information contained in any such hyperlink or any other Internet site. The risks associated with visiting such linked internet sites are entirely the account of the visitor.
XIII. No representation or warranty of accuracy
While BYD makes every effort to provide accurate information, the accuracy of the information on this site cannot be guaranteed.
XIV. DISCLAIMER
BYD expressly disclaims all liability for direct, indirect, incidental, or special damages resulting from, or in any way related to, your access to or use of the BYD website, including, but not limited to, loss or damage caused by computer viruses or from the use of the information on the BYD website.
The user expressly acknowledges and accepts that at any time the website may interrupt, deactivate and/or cancel any information, service, or product. BYD will use its best efforts to try to guarantee its availability and accessibility of the website. However, on occasions, for reasons of maintenance, updating, change of location, or any other, it may mean the interruption of access to the website.
The website does not guarantee the continuous and permanent availability of the services or products, thereby exonerating BYD from any responsibility for possible damages caused as a result of the lack of availability of the services or products due to force majeure or errors, in telematic data transfer networks, beyond our control, or due to disconnections carried out for improvement or maintenance work on computer equipment and systems.
XV. USER OBLIGATIONS
In addition to any other obligation established herein, the User must respect at all times the terms and conditions established in the general conditions of use of the portal. In an expressway, terms and conditions state that you will use the portal diligently and assume any responsibility that may arise from non-compliance with the applicable regulations or laws.
The User cannot publish material protected by the laws of Copyright and Industrial Property unless you are the owner of this or you have received written authorization to use the material. Additionally, you cannot send or post photographs, videos, and sounds of minors, unless you have the authorization of both duly accredited parents or legally declared guardians.
XVI. FORBIDDEN ACTIVITIES
For the use of this Site, you are prohibited from committing any act or omission that, in the opinion of BYD, may be contrary to morality and good customs, and/or that could be considered an illegal act or that is prohibited by any applicable law to this website, including but not limited to:
1. Any act that may constitute a violation of the rights to privacy of individuals, confidentiality, and intellectual property rights.
2. Use this website to defame or slander BYD, its shareholders, its collaborators, or any other individual, as well as act in such a way that the good name of BYD is harmed.
3. Upload files that contain viruses that may cause damage to BYD's property or the property of other individuals; The User may not use the portal to transmit, store, disclose, promote, or distribute data or content that are carriers of viruses or any other computer code, files or programs designed to interrupt, destroy or impair the operation of any program or computer equipment or telecommunications.
4. Post or transmit to this website any unauthorized material, which in our opinion causes annoyance, harm, or violates systems, or security networks (of BYD or third parties), is defamatory, racist, obscene, includes threats, pornography, or any other illegal item.
5. Any act or omission whose consequence constitutes a violation of a legal, regulatory, or normative provision, as well as those that affect the rights of third parties of BYD.
The User agrees to the following:
1. The user must comply at all times with the terms and conditions established in this legal notice.
2. The user expressly states that he will use the website diligently and assume any responsibility that may arise from non-compliance with the rules.
3. The user undertakes, in those cases in which data or information is requested, not to falsify her identity by posing as any other person.
4. The user accepts that the use of the Website will be made for strictly personal, private, and private purposes.
5. The user may not use the Website for activities contrary to the Law, morality, and public order, as well as for prohibited purposes or that violate or injure the rights of third parties. Likewise, the dissemination, storage, and/or management of data or content that infringes the rights of third parties or any regulations governing intellectual or industrial property rights is prohibited.
6. The user may not use the Website to transmit, store, disseminate, promote, or distribute data or content that are carriers of viruses or any other computer code, files, or programs designed to interrupt, destroy or impair the operation of any program or equipment. computer or telecommunications
7. The user undertakes to indemnify and hold the Website and BYD harmless for any damage, loss, sanction, fine, penalty, or compensation that BYD has to face.
XVII. USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK.
The User knows and accepts that the Website does not grant any guarantee of any nature, whether express or implicit, regarding the data, content, information, services, and products that are incorporated and offered from the Portal.
Except for the cases that the Law expressly imposes otherwise, and exclusively to the extent and extent to which it is imposed, the Website does not guarantee or assume any responsibility concerning possible damages and losses caused by the use and use of the information, data, and services of the Website.
This website is presented to you on an "as is" and "as available" basis and therefore BYD makes no warranties of any kind, express, implied, statutory, or otherwise (including implied warranties of trade) as well as no warranties or representations that the material on this website is complete, accurate, timely, without infringing third parties; that the access service to this website will be interrupted or free of errors; that this website will be secure; that any advice or opinion given by BYD through this website is accurate or reliable and any representations or warranties thereon are expressly disclaimed.
This website does not intervene in the creation of those contents and/or services provided or supplied by third parties in and/or through the application, in the same way, that it does not control their legality. In any case, it does not offer any kind of guarantee on them. The user acknowledges that BYD is not and will not be responsible for the content and/or services provided or supplied by third parties on and/or through the Website. The user accepts that neither BYD nor any other party involved in creating, producing, or managing this website will assume any responsibility for any damage or harm caused as a result of the use of this information or third-party services.
In any case, BYD excludes any responsibility for damages that may be due to the information, content, services, and/or products provided or supplied by third parties other than BYD, since all responsibility will be of the third party, whether it is a provider or collaborator.
Neither BYD nor any other party is responsible for any direct, accidental, consequential, or indirect use, damages, expenses, losses, or liability for your access to use, disable the use, change the content of this site or arising from any other access to the website through a link from this website or from any action we take or choose not to take as a result of any email sent to us.
Neither BYD nor any other party involved in creating, producing, or delivering this website shall have any responsibility to update the material and services available on this website or to correct, update, or release in connection therewith. Any material contained on this website is subject to change without notice.
Additionally, BYD will not have any responsibility for any loss or damage caused by computer attacks or viruses that may infect your computer, affect computer programs, communication systems, or equipment used by the Website but manufactured or provided by a third party or other property, because of using, entering or downloading any material from this website. If you choose to download materials from this website it is always at your own risk.
In addition to the above, neither BYD nor any other party involved in creating, producing, or delivering this website will be responsible for the interruption, suspension, or termination of the information, services, or products. Likewise, we are not responsible for possible omissions, loss of information, data, configurations, improper access, or breach of confidentiality that originate from technical problems, communications, or human omissions, caused by third parties or not attributable to the Website. The Website, at its sole discretion, may deny, withdraw, suspend, and/or block at any time and without prior notice access to information, products, and services to those users who fail to comply with these rules.
By the foregoing, you do not reserve any action or right to exercise against BYD, a group of corporate interests, its shareholders, its employees, executives, representatives, and suppliers for any dissatisfaction, damage, or harm caused by the use of this Site.
XIX. DATA PROTECTION AND PRIVACY POLICY OF THE WEBSITE.
The foundation of the Privacy Policy is based on compliance with the law on the Protection of Personal Data Held by Private Parties and the PRIVACY POLICY of BYD posted on this website.
The User will only be able to contribute in the different platforms and/or pages inserted in this site, the information related to his person, without being able to have or insert information of other people if they do not have the express and written authorization for it, for which both The User will be obliged to remove BYD from any responsibility that third parties attempt against the latter, for acts or omissions that the user of this site commits concerning the personal data of third parties that are considered affected, either because the use of their personal data has exceeded the authorized use to the user or because the personal data had been provided without any authorization from its owner. The foregoing includes the handling of photographs of any physical person.
For its part, BYD will carry out the handling of personal data by the PRIVACY POLICY of this Site.
XXI. INSERTION AND USE OF MATERIAL AND INFORMATION CONTAINED ON THE SITE.
The user may not insert into this Website, information or material to which they do not have any rights, any communication or non-personal material that you transmit to this Website by email or other means, including any information, question, comment, suggestion, or similar information, will be treated as public, non-confidential information and no property right may be exercised over said information or material unless expressly established otherwise in any current legal or regulatory provision. In any case, you authorize BYD to use and post on this Web Portal any information or material that you transmit or post and it may be used for any purpose, including but not limited to its reproduction, disclosure, transmission, publication, and retransmission and posting. By Any Means. Any of these uses may be made without compensation to the user who provided the information or material. Provided the information or material, you guarantee that you have the right to the material/content presented, that it does not affect any third party, and that the use that BYD gives you will not violate the rights of any third party or will not generate a violation or infringement of a legal provision some. Notwithstanding the foregoing, BYD is not obliged to use the information provided.
XXII. FORTUITOUS EVENT OR FORCE MAJEURE
The User accepts that BYD may breach any obligation derived from the services or products of this Website, when said breach is caused by force majeure or unforeseen events beyond the reasonable control of BYD, which includes, but is not limited to , failure due to inadequate means of transportation, machine or equipment failure, inability to obtain materials, supplies, fuel or electrical power, strikes, lockouts or other labor claims, fires, floods, hurricanes, earthquakes, highway closures, streets, avenues, transport or telecommunication breakdown, electric current, destruction of machines, equipment and factories and any type of installation, other elements of nature, epidemics, pandemics, wars, national emergencies, health emergencies, terrorism, riots, rebellions , revolutions, other civil disorders, actions of military authorities or charges, orders, acts or actions of any government, foreign, national or local, valid or invalid, or any other cause of the same or different type that is beyond the reasonable control of BYD, will not have the obligation to comply with any obligation related to this Website, the products or Services, in which case the User will not have the right to receive compensation or payment of penalties.
XXIII. ADJUSTMENT OF THE TERMS
We reserve the right to amend these Terms from time to time. Any changes will be posted on this page and shall become effective as soon as they are posted. By accessing and using the website after the Terms have changed, you agree to be bound by the updated Terms.
XXIV. JURISDICTION AND COMPETENCE.
The conclusion, validity, interpretation, performance, and settlement of Disputes in connection with this Agreement is governed by and will be construed in accordance with the laws of the People’s Republic of China, without regard to its conflict of laws. By the simple use or view of this Website, a relationship and interaction between the person responsible for the Site and the Users emerge that may have various legal consequences, therefore, as a user, you state and agree that for the interpretation and compliance with these bases, terms, and conditions, submit to the jurisdiction of People’s Courts at the place where BYD is domiciled, expressly waiving any other jurisdiction that may correspond to them because of their present or future domiciles or for any other cause.