OWNER OF WEBSITE

This web portal belongs to BYD Europe B.V. (henceforth BYD EUROPE) with Dutch tax identification number NL 807406545B01 and registered office at Gravelandseweg, 256, postal code 3125 Schiedam (The Netherlands). Users may contact BYD EUROPE either at their registered office, by writing to our email privacy@bydforklift.es or using the phone number displayed on the web portal.

 

CORRECT USE OF THE SERVICES

 Any visitor to the portal will be considered a user and is obliged to use the portal diligently, correctly and lawfully. By way of example, the user is prohibited from:

 Using the services in a manner, or for purposes or effects, which is contrary to the law, morality and generally accepted good customs, or public order or which involve infringing the rights of image and honor;

 Reproducing or copying, distributing, or allowing public access through any form of public communication, or transforming or modifying any web content unless they  have the authorization of the holder of the corresponding rights or this is legally permitted;

 Performing any act that may be considered a violation of any rights of intellectual or industrial property belonging to BYD EUROPE or third parties;

 Employing the services and, in particular, using information of any kind obtained through the Web Site to send advertising or communications for direct sales purposes or for any other class of commercial purpose, or unsolicited messages addressed to several people, independent of its purpose, as well as to market or disclose said information in any way;

The user will be liable for damages of any nature that BYD EUROPE may suffer on the occasion of the breach of any of the obligations set forth above as well as any others included in these General Conditions and / or those imposed by the Law in relation to the use of the Website.

 

CODE OF CONDUCT

Users may contact and participate in the different spaces for exchanging opinions such as the Blog, as long as they comply with the following code of conduct:

1. NO USER MAY ATTEMPT TO PASS FOR ANOTHER PERSON OR ORGANIZATION.

2. IRRESPETUOUS AND OFFENSIVE LANGUAGE MUST NOT BE USED.

3. Any attempt to present, quote and recommend companies, or web portals, and in general perform marketing or spam actions is strictly prohibited. This type of content will be deleted along with the accounts that carried out such action and this will be communicated to the Spanish Agency for Data Protection.

 

PROPERTY RIGHTS

All the contents of the Website, such as texts, graphics, photographs, logos, icons, images, as well as graphic design, source code and software, are the exclusive property of BYD EUROPE or third parties, whose rights in this respect are rightfully held by BYD EUROPE, being therefore protected by both national and international legislation.

The use of all the elements of industrial and intellectual property for commercial purposes as well as their distribution, modification, alteration or de-compilation is strictly prohibited, specifically regarding all the designs from the collections displayed.

 

EXCLUSION OF GUARANTEES AND LIABILITY

BYD EUROPE reserves the right to interrupt access to services at any time and without prior notice, whether for technical, safety, control, maintenance, power supply failures or any other justified cause.

Consequently, BYD EUROPE does not guarantee the reliability, availability or continuity of the Website or the Services, so the use of the same by users must be carried out at their own risk, and at no time may BYD EUROPE be held liable in this regard.

Furthermore, BYD EUROPE assumes no derivative responsibility, by way of example but not limited to, for the following:

 The use made of the materials provided on the website, whether prohibited or allowed, in violation of intellectual property rights and / or the industrial content of the website itself, or third party portals.

 The potential damages to users caused by the normal or abnormal operation of search tools, the organization or the location of the contents and / or access to services and, in general, by any errors or problems created during the development or instrumentation of the technical elements making up the service.

 The contents of those pages that users may access from links included in the web.

 The acts or omissions of third parties, regardless of whether these third parties could be linked to BYD EUROPE by contractual means.

 Similarly, BYD EUROPE excludes any liability for damages of any kind due to the presence of viruses or other harmful elements in the contents that may cause alterations to computer systems as well as to documents or systems stored therein, therefore BYD EUROPE shall not be liable in any case when they occur:

 Errors or delays in access to services on the part of the user when entering their data in the corresponding form or any anomaly that may arise when these incidents are due to problems in the Internet, acts of God or force majeure, or any other unforeseeable contingency beyond the good faith of BYD EUROPE.

 Breakdowns or incidents that may occur in communications, the deletion of or incomplete transmissions, meaning that website services cannot be guaranteed to be constantly operational.

 Errors or damages caused to the website due to an inefficient use of the service in bad faith by the user.

 The non-operation or problems in the email address provided by the user for sending the requested information.

In any case, BYD EUROPE undertakes to solve any problems that may arise and offer all the necessary support to the user so that they can reach a quick and satisfactory solution to the incident.

 

LINKS TO OTHER WEB SITES

BYD EUROPE neither guarantees nor assumes any responsibility for the damages suffered by access to the Services / content of third parties through connections, links or links to the linked sites or for the accuracy or reliability of the same. The function of the links that appear in BYD EUROPE is exclusively to inform the user about the existence of other sources of information on the Internet, where the Services offered by the Portal may be expanded. BYD EUROPE will not be responsible in any case for the result obtained through these links or for any consequences arising from user access to them. These Third Party Services are provided by them, so BYD EUROPE may not and does not control the legality of the Services or their quality. Consequently, the user must exercise extreme caution in the valuation and use of the information and services existing in the contents of third parties.

The introduction of hyperlinks for commercial purposes on websites outside BYD EUROPE allowing access to this web portal without the express consent of BYD EUROPE is expressly prohibited. At all events, the existence of hyperlinks on websites outside the company will not imply in any case the existence of commercial relations with the owner of the website where the hyperlink is placed, nor their acceptance by BYD EUROPE.

 

DATA PROCESSING AND USE OF COOKIES

In accordance with the provisions of the Personal Data Protection regulations, we inform you that the personal data you provide us through our website or email correspondence will be incorporated into the processes owned by BYD Europe B.V. for the purposes described in the Privacy Policy, which must be read, understood and accepted for the use of this web portal.

Furthermore, BYD EUROPE also informs that visiting this web portal, does not mean that personal data identifying a User is automatically registered, as instead there is certain non-personal non-user- identifiable information we collect during the live session using devices called “cookies” which allow us to obtain statistical information on the use of the web portal so that we can make improvements. All users must consult our cookies policy to browse the web.

In any case, all users have the right to exercise, at any time, the rights of access, deletion, limitation of processing and portability accuring to them, by writing to BYD EUROPE at the email address privacy@bydforklift.es

 

APPLICABLE LAW AND JURISDICTION

Any interpretive or litigious issues that do not have to do with the contracting process which could arise on the web portal shall be subject to Spanish legislation and in case of controversy, both parties agree to submit, waiving any other jurisdiction that may apply, to the jurisdiction of the Courts and Tribunals of the city of Valencía (Spain).