The Website and App are operated by BYTON Limited, a company registered under the Laws of Hong Kong and having its registered office at Limited, Unit 1312, 13/Floor, Tower 1, Lippo Centre, 89 Queensway, Hong Kong (“BYTON”).
We may revise and update these terms from time to time. All changes are effective immediately when we post them. Your continued use of our Website or App following the posting of revised terms means that you accept and expressly agree to the changes.
Some links provided on the Website and the App may lead to third party websites of independent site owners. The information presented therein is the sole responsibility of those site owners. BYTON has no control or responsibility for the content of independent sites and provides these links to its visitors for their convenience.
All content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) on the Website or the App are and shall continue to be the property of BYTON or its content suppliers and are protected under copyright, patent, trademark, and other applicable laws. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in this Agreement.
Under no circumstances will you acquire any ownership rights, license, or other interest in any content by or through your use of the Website. You agree not to reverse engineer or break into thee Website or the App, or use materials, products or services in the Website or App to violate any law. Your use of the Website or App is at the sole discretion of BYTON and BYTON may terminate your use of the Website or App at any time, with or without notice, for any reason.
The Website or App is intended for adults only and is not intended for any children under the age of 18.
BYTON and the BYTON logo are registered trademarks of BYTON Ltd. You must not use these trademarks without our prior written permission. All other names, logos, product and service names, designs and slogans that may appear on the Website or App are the trademarks of their respective owners.
Nothing herein will constitute a consent by BYTON to your assumption, or assumption and assignment, of any license set forth herein pursuant to Section 365 of Title 11 of the United States Code or otherwise. Without limitation to the generality of the foregoing, nothing herein will constitute a consent pursuant to Section 365(c)(1)(B) of Title 11 of the United States Code. BYTON further expressly reserves all of its rights to object to any assumption, or assumption and assignment, of any license it has granted herein.
Nothing within this Agreement or the Website or App shall be construed as conferring any proprietary rights in or to, or license of any of BYTON’s Intellectual Property Rights, or those of a third party, whether by estoppel, implication, waiver, or otherwise, except as expressly provided in this Agreement.
These terms permit you to use our Website or App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website or App, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of our Website or App for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You may use our Website or App only for lawful purposes and in accordance with these terms. You agree not to use our Website or App in any way that violates any applicable local or international law or regulation. You also agree not to:
- Impersonate any person or entity, including, but not limited to, a BYTON shareholder, officer, director, employee or representative, or misrepresent your affiliation with a person or entity.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Website or App;
- Use our Website or App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of our Website or App.
- Use any robot, spider or other automatic device, process or means to access our Website or App for any purpose, including monitoring or copying any of the material on our Website or App.
- Use any device, software or routine that interferes with the proper working of our Website or App.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Website or App, the server on which our Website or App is stored, or any server, computer or database connected to our Website or App.
- Harvest, collect or store information about the users of the Website or App or the User Content posted by others on the Website or App or use such information for any purpose inconsistent with the purpose of the Website or App;
- Attack our Website or App via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of our Website or App.
BYTON may, at its sole discretion, suspend or terminate your access to the Website or App, without prior notice, if B. believes that your conduct fails to conform to this Agreement. B. shall not be liable to you for any damages resulting from any such suspension or termination.
The information presented on our Website or App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Website or App, or by anyone who may be informed of any of its content.
While BYTON endeavours to ensure that the Site is normally available 24 hours a day, BYTON shall not be liable if the Website or App is unavailable at any time or for any period of time.
Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond BYTON’s control.
We may update the content on our Website or App from time to time, but its content is not necessarily complete or up to date. Any of the material on our Website or App may be out of date at any given time, and we are under no obligation to update such material.
The information on the Website or App is intended for customers of BYTON. BYTON will use its reasonable endeavours to ensure that the content of the Site is accurate and up to date. However, due to changes implemented in vehicle specifications during annual updates etc., products shown on the Website or App may differ from the latest specification. Some of the equipment described or shown may only be available in certain countries or may be available only at extra cost. BYTON reserves the right to change product specifications at any time, and BYTON does not accept any liability for any claims or losses arising from relying on the content of the Website or App.
No reliance should be placed upon any of the statements made within the Website or App and the material on the Website or App is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, BYTON provides you with the Website or App on the basis that BYTON excludes all representations, warranties and conditions or other terms (including, without limitation, any conditions implied by law) which, but for these terms, might have effect in relation to the site.
You understand that we cannot and do not guarantee or warrant that content available from the internet or the Website or App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website or App for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or App or to your downloading of any material posted on it or on any Website or App linked to it.
Your use of our Website or App and its content is at your own risk. Our Website or App and its content are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither BYTON nor any person associated with BYTON makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of our Website or App. Without limiting the foregoing, neither BYTON nor anyone associated with BYTON represents or warrants that our Website or App or its content will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our Website or App or the server that makes it available are free of viruses or other harmful components or that our Website or App or any content will otherwise meet your needs or expectations.
To the maximum extent permitted by law, we hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
To the extent permitted under the applicable law, in no event will BYTON, its affiliates or its licensors, service providers, employees, agents, officers or directors be liable and responsible for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Website or App, any websites linked to it, any content on our Website or App or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
You agree to defend, indemnify and hold harmless BYTON, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of our Website or App, including, but not limited to, any use of our Website or App’s content, other than as expressly authorized in these terms or your use of any information obtained from our Website or App.
BYTON does not accept or consider unsolicited product proposals, ideas, suggestions, materials or business opportunities. In connection with anything you submit to us, unless solicited in writing by us, you agree that product proposals, ideas, suggestions, materials or business opportunities you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
All matters relating to our Website or App and these terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of Hong Kong, without giving effect to any choice or conflict of law provision. Notwithstanding the above, where the BYTON entity operating our Website or App is a PRC entity and you are a user residing with the territory of the People’s Republic of China (“PRC”) (excluding Hong Kong, Macau and Taiwan for the purpose), all matters relating to our Website or App and these terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of PRC, without giving effect to any choice or conflict of law provision.
Any legal suit, action or proceeding arising out of, or related to, these terms or our Website or App will be instituted exclusively in the courts located in Hong Kong SAR, PRC. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Notwithstanding the above, where the BYTON entity operating our Website or App is a PRC entity and you are a user residing with the territory of PRC, any dispute arising out of, or related to, these terms or our Website or App shall be exclusively submitted to the China International Economic and Trade Arbitration Commission, Shanghai Sub-commission, for arbitration according to its applicable rules at the time of submission. Any hearing shall be held in Shanghai and in the language of English. Any arbitration award shall be binding and final upon both parties. You waive any and all objections to the exercise of jurisdiction over you by such arbitration tribunal.
No waiver by BYTON of any term or condition set forth in these terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BYTON to assert a right or provision under these terms will not constitute a waiver of such right or provision.
If any provision of these terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these terms will continue in full force and effect.
Please contact us through the contact information on our Website or App to report any violations of this Agreement or to pose any questions regarding this Agreement, the Website or App or our services.