我們是Beyond Cars Limited (下稱為「我們」、「本公司」或 Beyond )，且我們擁有及經營網站 www.beyondcars.com (下稱為「本網站」或 Beyondcars.com )。我們的網站透過互聯網協助提供線上買車、賣車及委託賣車服務（「服務」）。
- (i)閣下所要求的車輛已售給另外一位買家; 或
- (ii)閣下在試車的時候拒絕提供閣下的駕駛執照證明; 或
- (iii)閣下在試車的時候拒絕簽署我們提供的試車協議; 或
- Beyondcars.com或本伺服器或任何其他Beyondcars.com伺服器所儲存或取得的所有資料 (下稱「有關資料」) 的完整性、真實性、質量、可靠性、運作、使用、準確性或時效，或對任何目的之適合性或用途;
- 透過Beyondcars.com或根據有關資料索取、提供或獲得之任何產品或服務; 或
- 上載，刊登、以電子郵件或以其他方式發送含有軟件病毒或足以干擾、損壞或限制本網站及/ 或電腦軟件或硬件或相關電訊設施之其他電腦編碼、文檔或程式之內容；
- 我們高度重視私隱問題。我們的私隱政策涵蓋我們使用閣下提供的任何資料。使用我們的服務，即代表閣下同意我們可根據我們的私隱政策收集、儲存及使用有關閣下的資料。 閣下確認及同意受我們的私隱政策條款所約束。
Terms and Conditions
We are Beyond Cars Limited (collectively referred to as "we", "the company" or "Beyond") and we own and operate the site www.beyondcars.com (collectively referred to as "our site" or "Beyondcars.com"). Our site offers a convenient way to buy, sell and consign vehicles with the help of the Internet (referred to as “services”).
Please read the following terms and conditions carefully before using our site. By using our site or any part of it, you agree that you have read these terms and conditions and that you accept and agree to be bound by them. We may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.
- You are required to register with us when you use the services. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or above, possess a valid Hong Kong driving licence and are capable of forming a legally binding contract.
- Where you are required to register, you must:
- provide us with accurate, complete and updated registration information;
- safeguard your user name and password; and
- authorize us to assume that any person using our site with your user name and password is either you or is authorized to act for you.
- You must inform us immediately of any changes to the information that you provided so that we can communicate with you effectively.
- Test Drive and Deposit
- All vehicles listed on Beyondcars.com are listed in Hong Kong Dollars.
- A fixed deposit of $500 will be charged for each vehicle ordered for test driving.
- You are required to provide us with a proposed date and location to test drive the vehicle after your deposit is paid. The proposed date shall be within 2 business days after the deposit payment date and the location must be within Hong Kong.
- We will send an email to the email address registered by the customer to confirm the agreed date and location to test drive the vehicle. Such confirmation does not constitute a promise on delivery of any vehicle.
- We reserve our right not to accept or cancel a test drive request for any reasons at our sole discretion, including without limitation:
- the vehicle you have requested has already been sold to another purchaser; or
- you refuse to provide proof of your driving licence at the time of the test drive; or
- you refuse to sign the test drive agreement provided by us at the time of the test drive; or
- the vehicle you have requested was listed at an incorrect price due to a human or computer error.
- Your deposit will be forfeited to Beyond if you do not agree to purchase the vehicle after the test drive or if you are absent at the agreed time and location for the test drive. It is your responsibility to inform us of any proposed change to the date and location to test drive the vehicle.
- The test drive shall be postponed when typhoon signal, a red or black rainstorm warning is hoisted; or such other weather conditions whereby test driving is in our sole discretion considered unsafe. In this event, you will be contacted to re-schedule the test drive.
- All vehicle orders will be charged in Hong Kong dollars. The company accepts credit cards for online deposit payments. All other forms of payment must be made in person.
- We use third party payment service to process online transactions. When you place a test drive request, you agree and accept that your credit card information will be collected, processed, and kept by a payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making credit card transaction, and in no event shall any such losses in whole or in part be borne by us.
- We do not collect or keep your credit card information. If you choose to save your credit card information for express checkout, you agree and accept that the information will be encrypted and stored by the third party payment service providers.
- If your test drive request is cancelled by us for any reason, and if you have already made any deposit payment, we will arrange refund of the deposit to your credit card.
- The company reserves the right to change the payment terms for any order or test drive request without prior notice.
- Vehicles and prices displayed on our site are for reference only and are subject to alteration or modification at the time of completion of the transaction.
- Completion of purchase
- Force Majeure
- The company and its employees, contractors and any third party provider (collectively "Beyond Parties") make no representation or warranty in relation to:
- the completeness, truthfulness, quality, reliability, operation, use, accuracy, or timeliness of, or the fitness or use for any purpose of, Beyondcars.com or the information (the “Information”) stored on or receivable through this or any other Beyondcars.com server;
- any goods or services accessed, offered or obtained through Beyondcars.com or pursuant to the Information; and
- the access to Beyondcars.com or the Information will be uninterrupted or does not contain any viruses, or contaminating or destructive properties.
- You shall not rely on the Information. Beyond Parties shall not be liable for any damages, loss, costs or expenses arises, directly or indirectly, from your reliance or use (whether authorized or not) of the Information or this website.
- You undertake that you will not use our site to:
- upload, post, email, offer or otherwise transmit any contents in respect of which you have no right (either proprietary, contractual, or fiduciary) to transmit or which is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory or otherwise objectionable;
- impersonate any person or entity by way of transmitting any forged or manipulated contents through the use of any services.
- upload, post, email, offer or otherwise transmit any contents that infringe any proprietary rights or intellectual property rights including, without limitation, patent, trademark, trade secret, copyright of any party;
- upload, post, email, offer or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except such advertisements or promotional materials expressly authorized by us in writing;
- upload, post, email or otherwise transmit any contents that contain software viruses or any other computer code, files or programs that would interrupt, destroy or limit the functionality of our site and/or computer software or hardware or telecommunications equipment constituting them;
- interfere with or disrupt the services or servers or networks through which the services are provided, or disobey any requirements, procedures, policies or regulations of such networks;
- collect or store personally identifiable information about other users.
- You acknowledge that our site does not have any obligation to pre-screen contents, but our site has the right (but not the obligation) in its sole discretion to refuse or remove any contents that is available via the services. Without limiting the said right, our site has the right to remove any contents that, in its opinion, violate the Terms and Conditions contained here or are otherwise, in our opinion, objectionable.
- Linked Websites
- Intellectual Property
- We may revise these terms and conditions at any time without prior notice. If any dispute arises, the company’s determination shall be final.
- Where these terms and conditions are available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.
- We reserve the right at our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide our services to any user that is in breach of these terms and conditions.
- You shall not assign or otherwise deal with its rights and obligations under these terms and conditions, whether in whole or in part without our written consent.
- These terms and conditions set forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these terms and conditions. Neither party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these terms and conditions.
- These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts. If any part of this agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
- You agree to defend, indemnify, and hold harmless us, our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of our site or the content or your breach of this agreement.
After test driving the vehicle, completion of the vehicle purchase will be effected through a separate agreement to be entered into between you and Beyond. Your agreement with us under these terms and conditions will be terminated once we enter into the separate agreement with you.
If the performance by Beyond of its obligations relating to the services it supplies on this site is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of the Government of the Hong Kong Special Administrative Region or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Beyond), Beyond shall be excused from such performance to the extent of such prevention.
Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
All intellectual property rights in the content, user content, design, text, graphics and other materials on our site, and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any unauthorized use without our prior written permission is strictly prohibited. All trademarks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trademarks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.