Terms of Use


Welcome to the BYD Europe Cloud Classroom Platform (the "Platform", also BYD Auto Learning and Management System). The Platform is owned and operated by BYD Europe B.V. ("we", "us", or "our"). These Terms of Use govern your use of the Platform and apply to all users of the Platform, including but not limited to dealers and their representatives ("Users").

By using the Platform, you agree to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Platform. We reserve the right to modify these Terms of Use at any time, and such modifications will be effective immediately upon posting. Your continued use of the Platform after any modification to these Terms of Use constitutes your acceptance of the modified terms.

Use of the Platform

The BYD Europe Cloud Classroom is intended for use by authorized dealers and their representatives for the purpose of accessing and using the platform to manage training, obtain information, materials, and resources that are relevant to their roles and responsibilities. Users are prohibited from using the Platform for any illegal or unauthorized purpose. You may not use the Platform to harass, abuse, stalk, threaten, or otherwise violate the legal rights of others. You may not post or transmit any content that is defamatory, obscene, pornographic, abusive, or otherwise offensive.

Notifications

General notifications and information are published on the login page or on the website (https://eulms.bydauto.com/), and this information is deemed to have been received and agreed once it has been published this way. General notifications include, for example, announcements of the discontinued functionalities, new functionalities and of planned maintenance or service breaks.

Confidentiality and Security

Users of the BYD Europe Cloud Classroom are required to maintain the confidentiality and security of any information accessed through the Platform. The Platform may contain sensitive information, including BYD product information, core technology information and user personal information. Users are prohibited from sharing confidential information with unauthorized parties. You are responsible for safeguarding your login credentials and are strictly prohibited from sharing your login information with anyone else. If you suspect that your account has been compromised, you must report the loss or breach immediately to BYD Europe B.V..

Personal Information

The BYD Europe Cloud Classroom may collect and use personal information from Users, including names, job positions and emails. We will use this information solely for the purposes of providing the services of the Platform and will take appropriate measures to protect the confidentiality and security of personal information in accordance with applicable laws and regulations.

Accuracy of Information

You are responsible for the accuracy of the personal information that you share on the Platform. Please ensure that the information you share is up-to-date and accurate to the best of your knowledge.

GDPR Compliance

BYD Europe is committed to complying with the General Data Protection Regulation (GDPR) in Europe. All personal data shared on the Platform must be in adherence to GDPR, and a data transfer agreement and/or data processing agreement must be signed by both parties before any data is shared.

Disclaimers

The BYD Europe Cloud Classroom is provided on an "as is" basis, without any representations or warranties, express or implied. We make no representations or warranties of any kind regarding the accuracy, reliability, completeness, or timeliness of the information contained on the Platform. We will not be liable for any damages arising from the use or inability to use the Platform, including but not limited to direct, indirect, incidental, punitive, or consequential damages.

Intellectual Property

The BYD Europe Cloud Classroom and its content, including but not limited to text, graphics, logos, images, and software, are the property of BYD Europe B.V. or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, or display any part of the Platform without our prior written consent.

Termination

We reserve the right to terminate your access to the BYD Europe Cloud Classroom at any time, with cause, and with notice. Upon termination, your right to use the Platform will immediately cease.

Limitation of Liability

To the fullest extent permitted by law, BYD Europe B.V. shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of the BYD Europe Cloud Classroom Platform or these Terms of Use, even if we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify and hold harmless BYD Europe B.V., its affiliates, officers, directors, employees, and agents from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the BYD Europe Cloud Classroom.

Severability

If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Privacy and Security

BYD Europe B.V. is committed to protecting the privacy and security of user data in accordance with applicable laws and regulations. Users can find more information about how BYD Europe B.V. collects, uses, and protects personal data in the platform's privacy policy.

Applicable Law and Jurisdiction

These Terms of use shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes arising out of or related to these Terms of use or the use of BYD Europe Cloud Classroom shall be subject to the exclusive jurisdiction of the courts located in the Netherlands.

Compliance with Laws

By using BYD Europe Cloud Classroom, you agree to comply with all applicable laws and regulations, including GDPR and data transfer agreements signed by both parties, and to use the platform only for legitimate business purposes.

Use of Cookies

BYD Europe Cloud Classroom only use necessary cookies to identify the user account and privilege that was used to log in to the system. Users may choose to disable cookies, but this may limit some functionality of the platform.

See our Cookie Policy for more details.

Third-Party Websites

The platform may also include links to third-party websites, which are not controlled by BYD Europe B.V. and for which BYD Europe B.V. is not responsible. Users should review the Terms of use and privacy policies of such third-party websites before accessing them.

Modification of Terms of Use

BYD Europe B.V. reserves the right to modify these Terms of use .Any changes will be posted within 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.

Acceptance of Terms and Consequences of Violation

By using BYD Europe Cloud Classroom, users agree to these Terms of use and acknowledge that any violation may result in account suspension or termination, legal action, and other consequences as deemed appropriate by BYD Europe B.V.

Entire Agreement

These Terms of use, together with any additional agreements, statements or policies referenced herein, constitute the entire agreement between the user and BYD Europe B.V. with respect to the use of BYD Europe Cloud Classroom and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between the user and BYD Europe B.V. with respect to the platform.

If you have any complaints or issues concerning the products or service, and want to contact BYD, please email us at:

euas.training@byd.com..

If you have any questions about the processing of your personal data, please read our Privacy Policy first. For additional questions, please feel free to contact us at privacy.eu@byd.com.