Terms & Conditions
1. General Remark. This web site is intended for personal and non-commercial use only. The entire content available in this web site, including but not limited to text, information, designs, photographs, graphics, images, illustrations, interfaces, codes, audio clips, sounds video clips, software and links to external web sites (the "Content"), is provided for informational purposes only.
2. Disclaimers and Limitation of Liability. Our dealership and BMW Group Canada intends for the Content on this web site to be accurate and reliable, however, this web site and the Content are provided to you "as is" and "as available" and without warranty or condition of any kind, whether express or implied. It is your responsibility to verify with our dealership or BMW Group Canada that the Content contained in this web site is accurate. To the fullest extent permissible pursuant to applicable law, our dealership and BMW Group Canada disclaims all warranties, express or implied, including, but not limited to, implied warranties or conditions of merchantability or fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. Our dealership and BMW Group Canada do not represent or warrant that the functions contained in this web site will be uninterrupted or error free, that defects will be corrected or that this web site or that the server which makes this web site available are free of viruses or other harmful components.
In no event shall our dealership or BMW Group Canada be liable for any damages whatsoever, including special, indirect, incidental or consequential damages, arising out of or in connection with the use or performance of this web site or any other web site you may access while using this web site or your use of the content, even if advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of certain damages, or certain limitations on implied warranties. Additionally, some jurisdictions, including Quebec, do not allow the exclusion or limitation of warranties made concerning goods or services. If these laws apply to you, some or all of the exclusions and/or limitations presented may not apply to you.
Certain products may be available for purchase on this web site. Products displayed on the web site may not be available at all times and products and prices may be changed, and products substituted or discontinued at any time. While we attempt to provide an accurate description of items available for purchase on the site, we do not warrant the accuracy, completeness, reliability or currency of such descriptions.
This web site may contain contests, sweepstakes or other promotions ("Promotions") that offer prizes or require you to send in material or information about yourself. Each Promotion has its own rules, which you must read and agree to before you may enter.
This web site and related services are provided at no cost. For mobile use, standard data, text message or other charges from your mobile carrier may apply. You are solely responsible for any costs incurred during your access and use of the web site and its services. Check with your mobile carrier for details on what charges may apply to you.
Internet transmissions are never completely private or secure. You understand that any communications that you send to this website may be read or intercepted by others. By sending communications to us, you release our dealership and BMW Group Canada from any duty or obligation we might otherwise have to review or act in response to the communication, and of any duty or obligation that we might otherwise have to you in connection with any action we choose to take in response to your communication.
3. Indemnity. You acknowledge and expressly agree that use of this web site is at your sole and own risk. You agree to defend, indemnify and hold our dealership, its affiliates and business partners as well as their respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these terms of use by you or users of your account, or in any way arising out of the use of this web site, including without limitation, the placement or transmission of any information or other materials on this web site by you or users of your account.
4. User Conduct. As a condition of your continued access to and use of this web site, you agree to abide by all applicable federal, provincial, territorial and other laws and regulations. In addition, without limiting the foregoing, you agree not to:
- e-mail, text, post, upload or otherwise transmit any material through the web site that:
- constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially ethnically or otherwise objectionable;
- contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
- constitutes spamming; or
- is defamatory content, etc.
- e-mail, text or otherwise transmit any material through the web site without the recipient's consent;
- harvest or otherwise collect or store any information (including personal information) about other users of the web site , including e-mail addresses, without the express consent of such users;
- for the purposes of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the web site;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- attempt to gain unauthorized access to the web site, other computer systems or networks connected to the web site, through password mining or any other means;
- interfere with or disrupt networks or servers connected to the web site or violate the regulations, policies or procedures of such networks;
- use, download or otherwise copy, or provide to any person or entity any web site users directory or other user or usage information or any portion thereof other than in the context of your use of the web site; and
- facilitate or encourage any of the above conduct.
Although you are solely responsible for the content you provide, we may, but are not required to, monitor communications. If we become aware of communications that violate these terms of use or that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, spamming, defamatory, or otherwise objectionable, we may, without notice to you and in our sole discretion (a) delete such material (b) restrict access to or the availability of such material, or (c) take other action as described elsewhere in these terms of use or as we otherwise see fit.
5. Web Scraping/Harvesting. You may only use or reproduce the Content for your own personal and non-commercial use. The framing, scraping, data-mining, extraction or collection of the Content of this web site in any form and by any means whatsoever is strictly prohibited. Furthermore, you may not mirror any material contained on this web site.
6. Linking to This Web Site. You may create a link (the "Hyperlink") to this web site provided that:
- you do not replicate any of the Content of this web site;
- you do not create a frame or any other bordered environment around this web site or its Content;
- the Hyperlink shall not imply any endorsement of any product or services; and
- the web site linking to this web site does not contain any information, content or material that would interfere with the operation this web site nor which libels, defames, invades privacy, is distasteful, offensive, obscene, pornographic, abusive or threatening, intended for an adult audience, infringes intellectual property laws or violates any other laws.
Our dealership may withdraw your right to link to this web site at any time in its sole discretion.
7. Account Creation. To access certain portions of the web site, you may be asked to complete an online registration form. In consideration for your use of this web site and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this web site may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
As part of the registration process, you may choose or be given a password and user name. You alone are responsible for keeping that password and user name confidential, and for any and all activity that occurs on this web site under such password or user name. You agree to immediately notify the dealership of any unauthorized use of your password or user name or any other breach of security.
You agree to respond promptly to all complaints and concerns relating to the use of your user name or password or your use of this web site. You agree that you are solely responsible and liable for any use or misuse of your user name and password and for all transactions or other activities that occur under your user name and password. The security and privacy provided by using user names and passwords is not absolute and can be compromised. Your use of the user name and password is at your own risk.
Access to this web site is permitted at our discretion. We reserve the right to withdraw, amend, or restrict the service provided on this web site without notice. Situations that could limit or reduce availability of this web site include, but are not limited to, inappropriate or unauthorized use, system maintenance, or breach of these terms of use.
The materials in this web site are designed for use by residents of Canada
By posting, uploading, adding, communicating, storing, or otherwise transmitting communications on, to, or through this web site, you understand and agree that you are giving us a royalty free, irrevocable, perpetual, non-exclusive and fully sublicensable license to edit, alter, broadcast, post, publish, copy, disclose, distribute, perform, create derivative works from, incorporate and otherwise use the communications and images, sounds, text, and other things embodied therein for any and all purposes, including commercial, promotional, or marketing purposes throughout the world in any form, medium, or technology now known or later developed. However, you agree that we have no obligation to use any idea or material contained in a communication and you have no right to compel such use.
All rights not expressly granted in these terms of use are reserved to us. Nothing contained in these terms of use shall be construed as conferring by implication, estoppel or otherwise any licence or right under any copyright, patent, trade-mark or other intellectual right of us, our affiliates, or business partners, or any other person or entity.
By using this web site, you consent to receiving electronic communications and notices from us. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
These terms of use apply when you access, view or use any of the social media pages, accounts, sites, channels and/or application(s) used and administered by us. These channels may include, but are not limited to, Twitter, YouTube, Facebook and Instagram pages.
8. External links on this web site. Links available on this web site will allow you to link to web sites not maintained or controlled by our dealership. Our dealership provides these links for your convenience only and makes no endorsements, warranties or representations of any kind whatsoever regarding those other web sites and assumes no responsibility for content on third party web sites. Please be aware that you link to these third party web sites at your own risk.
9. Optional Tools. Our dealership may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that our dealership provides access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. Our dealership shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
10. Booking Service, Quotes, Reservations & Online Purchases. If booking services, ordering parts or accessories or reserving a vehicle, our dealership reserves the right to refuse any order you place with us. Our dealership may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our dealership. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
All reservations and transactions made through this web site are subject to our acceptance, which is in our sole discretion. Without limitation, this means that we may refuse to accept or may cancel any reservation or transaction, whether or not the reservation or transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party.
The purchase of any vehicle or parts or any other item shall be subject to the terms and conditions of the applicable sale, lease, or financing contract.
11. Credit Applications. You acknowledge and agree that personal information provided in any credit application or provided subsequently through this web site, and personal information obtained from a credit/consumer reporting agency and/or financial institution, as described below, may be used by, collected by and/or disclosed to us, including our subsidiaries, affiliates, agents and contractors and any third party financing entity engaged by us for the following purposes: (i) completing your purchase, finance or lease transaction; (ii) maintaining your warranty and customer service records; (iii) conducting customer service campaigns; (iv) providing you with marketing information; (v) evaluating your credit application and eligibility for credit; (vi) contract management and administration; (vii) collections, lien registrations and insurance purposes; and (viii) for legal and other business purposes.
You acknowledge and agree that personal information obtained from or disclosed in a credit application may be transferred to a third party or parties to be used for the same purposes described herein if a conditional sales agreement or lease agreement entered into by you is transferred or assigned to such third party or parties, or to an organization in connection with the due diligence for, and completion of, a business transaction, including, without limitation, a securitization or financing involving us or our subsidiaries or affiliates
You further acknowledge and agree, in connection with making a determination in respect of a credit application submitted through this web site, that (a) all information provided in the application is for the purpose of securing credit and warrant that it is true, correct and complete, (b) a credit/consumer report and other credit information containing personal information may be requested from a credit/consumer reporting agency and financial institution, (c) we, including our subsidiaries, affiliates, agents and contractors and any third party financing entity engaged by us are authorized to exchange with any credit/consumer reporting agency and financial institution credit information covering an application and details of any credit granted (including, without limitation, payment history relating to the credit granted) for the purposes of determining creditworthiness and for the purposes of permitting other credit grantors to do the same. You may request that we inform you whether or not a credit/consumer report has been or may be referred to in connection with a credit application transaction, and you may request the name and address of the credit/consumer reporting agency supplying the credit/consumer report.
12. Copyright. All Content published on or otherwise accessible through this web site is protected by copyright. The Content, and the copyright in the Content, are owned or controlled by our dealership or our dealership's content suppliers. You may only use or reproduce the Content for your own personal and non-commercial use. The Content may not be otherwise used, reproduced, broadcast, published or retransmitted without the prior written permission of the copyright holder. You must abide by all copyright notices, information and restrictions contained in any Content on or accessed through this web site and maintain such notices in the Content.
13. Trade-marks. The names associated with the products, services, partners and suppliers mentioned in this web site may be trade-marks of either our dealership, its affiliates or business partners. You shall not use any trade-mark displayed on the web site without the express written consent of the relevant owner of the trade-mark.
14. Changes. Our dealership reserves the right to change or remove any Content from this web site, in whole or in part, at its sole discretion, at any time, without notice. Our dealership reserves the exclusive right to modify these terms of use at any time.
15. Privacy Policy. Our dealership's Privacy Policy is a binding and integral part of these terms of use.
16. Miscellaneous. The terms of use of this web site and all other documents referenced herein constitute the entire agreement between our dealership and you with respect to your use of this web site. Our dealership's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. If any of these terms is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. This Agreement shall be governed by and construed in accordance with the laws of the province in which our dealership is located and the federal laws of Canada applicable therein.