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.

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.

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.