Terms and Conditions

Welcome to Byd-ev.ca!

These terms and conditions outline the rules and regulations for the use of Byd-EV Canada's Website, located at https://byd-ev.ca.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use Byd-ev.ca if you do not agree to take all of the terms and conditions stated on this page.

Cookies:

The website uses cookies to help personalize your online experience. By accessing Byd-ev.ca, you agreed to use the required cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

.1. Independent Third-Party Status

This website (the "Platform") is independently designed, hosted, and operated by Byd-EV.CA ("the Operator"), located at Calgary, AB, Canada

The Operator acts as an independent marketing service provider and technical lead capture manager for the Canadian market. The Operator is not an affiliate, subsidiary, authorized agent, or franchised dealer of BYD Company Ltd., BYD Canada, or any of their global affiliates, unless expressly agreed upon in writing. The use of trademarks, service marks, logos, and trade names associated with BYD is strictly for identifying the vehicles subject to prospective test drive inquiries and does not imply any corporate endorsement, partnership, or direct affiliation beyond this lead connection initiative.

2. Collection and Purpose of Processing Personal Information

In accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) of Canada and applicable provincial privacy legislation (including Quebec's Act respecting the protection of personal information in the private sector, and the Personal Information Protection Acts [PIPA] of Alberta and British Columbia):

Information Collected: First name, last name, email address, phone number, postal code/city of residence, vehicle model preferences, and anticipated purchase/test-drive timeline.

Purpose: Personal information is collected solely for the following purposes:

1. Assessing the eligibility and geographic distribution of prospective drivers for upcoming test drive campaigns;

2. Forwarding your inquiry to BYD, its Canadian corporate representatives, or its designated network of authorized local dealerships/distributors once operational test drive programs launch in Canada;

3. Facilitating logistical scheduling for on-road vehicle test drives.

3. Data Sharing and Cross-Border Data Transfers

By submitting your information, you explicitly consent to the Operator transferring your personal information to:

BYD Auto / BYD Canada, its affiliates, distribution partners, and authorized Canadian dealerships designated to process your request;

Third-party cloud infrastructure and technical service providers (database management providers, workflow automation tools) located in Canada, the United States, or other international jurisdictions, subject to strict contractual confidentiality and data protection obligations.

Under no circumstances will your personal information be sold, rented, leased, or commercially traded to unrelated third parties outside of this vehicle commercialization and test drive program.

4. Compliance with Canada’s Anti-Spam Legislation (CASL)

No Commercial Electronic Messages (CEM) will be sent to you without your prior express consent provided via the designated opt-in checkbox. You retain the right to withdraw your consent at any time by:

Clicking the "unsubscribe" link included at the bottom of any email communication;

5. Disclaimer of Liability and No Commercial Warranty

Test Drive Availability: Registering an intention for a test drive on this Platform does not constitute a confirmed reservation, a binding agreement, or a formal guarantee of vehicle availability. Vehicle availability, Canadian market launch timelines, regulatory approvals (including compliance certifications from Transport Canada), final retail pricing, and regional servicing depend solely upon the decisions of BYD and its authorized distribution partners.

Limitation of Liability: The Operator shall not be held liable for any delays, changes in vehicle technical specifications, product launch postponements, cancellation of test drive programs, or any direct, indirect, incidental, or consequential damages resulting from the use of this Platform or BYD's inability to fulfill the requested test drive.

6. Security Safeguards, Data Retention, and Your Rights

The Operator maintains appropriate physical, organizational, and technological safeguards (including SSL/TLS encryption for data in transit and role-based administrative access controls) to protect your personal information against unauthorized access, collection, disclosure, or misuse.

Your personal information will be retained only for the period strictly necessary to fulfill the purpose of transferring your file to the manufacturer or its authorized dealer network, after which it will be securely archived or deleted in accordance with statutory requirements.

You have the right to request access to, review, update, or request the deletion of your personal information held by the Operator.

7. Privacy Officer Contact Information

For any inquiries regarding the handling of your personal information or to exercise your privacy rights, please contact our Privacy Officer:

Email: info@byd-ev.ca

Technical & Regulatory Implementation Guidelines (Canada)

CASL Compliance (Express Consent): Marketing consent must be an explicit, positive action. The opt-in checkbox for promotional updates must remain unchecked by default. Users must be able to submit their test drive request without being required to opt into the marketing mailing list.

Quebec Law 25 Requirements: If your platform collects information from residents of Quebec, you must publish the title and contact details of the Privacy Officer and explicitly disclose whether personal data may be communicated or hosted outside the province of Quebec.

Audit Trail & Proof of Consent: Ensure your backend database (e.g., PostgreSQL or CRM) stores the exact UTC timestamp, IP address, referring URL, and the exact version/hash of the legal disclosure terms accepted upon form submission.

Disclaimer:

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• Limit or exclude our or your liability for death or personal injury;

• Limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• Limit any of our or your liabilities in any way that is not permitted under applicable law; or

• Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.