1.1    BMW India Private Limited (hereafter referred to as “BMW India”) provides you (hereafter referred to as “the Customer”) with your BMW vehicle-specific information, BMW Authorized Dealer and accessible details through your Mobile Device through “BMW India App”, in accordance with these General Terms and Conditions of using this service.

1.2    By installing and registering for BMW India App, you will be taken to have  read, understood and accepted these terms and conditions in the same way as if you have signed a printed version and you will be bound by them and they will continue to apply every time you use this facility. If you do not agree with any of the terms set out herein, you should not use this facility, and if you have already installed BMW India App, mobile application software, you should uninstall the same from your mobile device.

1.3    In these terms and conditions, "we", "our" and "us" mean BMW India Private Limited or its Authorized Dealers and "you" and "your" mean the individual who is using this facility. These terms and conditions apply to your use of this service (including, for greater certainty, BMW India App), and any available information or details available therein.

1.4    As consideration for your continuing compliance with an agreement to be bound by the Terms and Conditions, we hereby grant and you hereby accept a limited, non-exclusive, non-transferable, non-assignable permission to use BMW India App (which shall include future updates) made available from time to time, provided you understand that such updates may be subject to additional terms for using BMW India App.

1.5    This BMW India App is available for BMW customer who have purchased BMW vehicle with all legal means which is available on mobile devices and operating systems which can run this BMW India App to receive the Service. We trust that you will only use the Service and the Application solely and exclusively for your own personal, private, non-commercial use and on registered mobile devices belonging to you.

1.6    This BMW India App is provided as a convenience to you. You will comply at all times with all technicality and security requirements which availing this service. The information accessible through the Service is more limited than the information available with the BMW India or its Authorized Dealers in electronic or hard form, and does not constitute an official record for the information to which it pertains. You are solely responsible for the use of any data, information or services obtained through the use of the Service.

1.7    You will at all times comply with (and your use of Service and BMW India App will at all times be in compliance with) all applicable laws, rules and regulations, including, without limitation, applicable export and import control laws and regulations, and you will not allow any other party to use the Service or the Application for or in connection with any illegal purpose or activity. The Application is not intended for distribution or use by any person in any jurisdiction or country where such use and/or distribution would be contrary to local laws, rules and/or regulations.

 
1.8    In the event that you fail to comply with the Terms and Conditions or you are no longer the owner of a BMW vehicle, all rights granted to you in relation to this application and the Service shall immediately expire without any prior information and you will immediately uninstall the Application and destroy all copies of the Application, if any. BMW India Private Limited, its affiliates, its Iicensors or its Authorized Dealers shall not be responsible or assuring in any way for the use of the Application by you after you cease to be an owner of the BMW vehicle.

2.1    BMW India App provide information, including but not limited to, service tips, driving tips, maintenance tips, service due reminders etc. (collectively, the" Information") to you under permission from various exchanges and information providers. This Information is indicative only. All intellectual property rights owned by third parties in any Information provided by third parties shall at all times remain the property of such third parties. Your use of such Information is subject to the terms and conditions of each applicable third party or exchange data provider. We accept no liability for the any Information provided by third parties and make no representations or warranties that such Information will be accurate or timely. The Service, the Application and all Information contained therein is and remains our property and/or the property of our third party Vendors.

2.2    Neither BMW India Private Limited its affiliates, its Vendors, its sub Vendors, its Authorized Dealers nor any other third party provider makes any warranty, representation or guarantee as to the accessibility, reliability, communication links, accuracy , truth, timeliness, or completeness of any Information,  including  any traffic , service, weather information or other information or data furnished  through  the Service, or that any such Information disseminated may be solely relied upon for doing any act or other purposes. You acknowledge that it is your responsibility to verify any Information that you elect to use when taking any action.

3.1    By agreeing to these terms and condition, you shall ensure that you will not:

(a) The Customer shall not be permitted to use these Services for unlawful purposes and shall not allow third parties to do so. The Customer shall not be permitted to forward to third parties or process data or information received using the Services for commercial purposes.

(b) Circumvent, disable, or otherwise interfere with security-related features of the Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Application and/or the Content contained therein.

(c) Attempt to impersonate another user or person or use the username of another user or sell or otherwise transfer your profile.

(d) Remove or tamper with any proprietary notices or labels, including copyright notices or data source attributions, attached to or contained within the Application or the Service.

(e) Alter, modify, adapt or translate the whole or any part of BMW India App, or any other computer access/software made accessible to you or otherwise used by you to access and use the Service, or perform maintenance on the Application, nor will you duplicate, compile, disseminate, reverse engineer, disassemble, decompile, disable any features, or otherwise derive the source code for the Application, or any component of the Application, in whole or in part.

(f) Merge the Application or any component thereof into any other programs or create derivative works based on any component of the Application.

(g) Use the Application in whole or in part or any confidential information relating thereto to create software that is functionally equivalent to the Application or any part thereof.

(h) Copy the Application or the information accessible through the Service onto any public or publicly accessible network, or make any additional copies of or reproduce in any way the whole or any part of the Application or the Service whatsoever.

(i) Remove or tamper with any proprietary notices or labels, including copyright notices or data source attributions, attached to or contained within the Application or the Service.

(j) Use the Application or the Service in any way that may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm or injury to any person.

(k) Causing damage to any of the websites, servers, systems or equipment or connecting links or mediums used in the provision of the Service by BMW India Private Limited, its Authorized Dealers or any other third party and you may not access or attempt to access any user data or to penetrate any of the security measures relating to the Service.

4.1    You understand and agree that you are solely responsible for all orders, instructions and information entered through or electronically transmitted to us through the Service using your VIN or Registration number, sign-on password, and/or mobile number, and you accept that all such orders, instructions and data transmissions are undertaken at your own risk. Neither BMW India Private Limited, nor the Authorized Dealers of BMW India Private Limited is liable for any error made by you in entering any details or providing any orders or instructions when you use the Service.

4.2    You agree that BMW India Private Limited and its Authorized Dealers shall be entitled to rely upon orders and instructions received when enteredusing your VIN (Vehicle Identification number) or Registration number, sign-on password, and/or mobile number. You understand that once your VIN or Registration Number, sign-on password, and/or mobile number have been entered in a given session, no additional passwords are required for availing the Services, and you will take all necessary precautions to prevent unauthorized access to your BMW India App account(s).

4.3    BMW India Private Limited or its Authorized Dealers may rely on all instructions and any other communications given or entered by you or anyone else using your BMW India App account, and you will be bound by any agreement entered into an act undertaken by BMW India Private Limited, its Authorized Dealers in reliance on such orders, instructions and communications. Without limiting the generality of the foregoing, you will be responsible for all instructions received by BMW India Private Limited or its Authorized Dealers between the time you first pass the security procedure until the time you log-out of the Service. Please note that this includes any input errors sent by anyone else. Please do not leave your mobile device unattended while you remain logged into the Service.

4.4    Instructions placed through the Service or service appointments and service requests   made through the Service will be reflected in the data maintained by the Authorized Dealers of BMW India Private Limited in the same manner as the data maintained in electronic or hard form by telephonic or physical service requests. You shall not assume that any appointment has been confirmed until you have received a confirmation of such appointment transaction.

4.5    You acknowledge that it is not possible for us to provide the Service free from defects. The Service may be delayed, unavailable, not delivered and/or inaccurate from time to time due to a variety of factors, including technical reasons, for planned or unplanned maintenance or downtime or for any other reason. The Service may be adversely affected by the performance of and any outages on mobile device networks, or when you are not in an area of mobile coverage, or other factors beyond the control of BMW India Private Limited or any of its affiliates or its Vendors or its Authorized Dealers or any third party, and neither BMW India Private Limited nor its affiliates nor its agents nor its Authorized Dealers will be liable therefore.

4.6    You understand and agree that the Service and the Application are provided "as is" and "as available", and all warranties, representations and guarantees, express or implied, are hereby disclaimed. Without limiting the generality of the foregoing, any and all warranties of merchantability, fitness for a particular purpose, suitability, reliability, accuracy, performance, compatibility or non-infringement, or that the Service or the Application will be free from defects, errors, viruses or harmful programs,  or be of a satisfactory quality, are hereby expressly disclaimed.

4.7    You acknowledge that the service and the application computer and utilize complex telecommunications networks and that, as such, continued, uninterrupted and error free access to the service and/or the application cannot be guaranteed.  In light of the foregoing, neither BMW India private limited,  its  affiliates, , its authorized dealers nor any other third party provider shall be liable in any way for any loss or damage, direct or indirect, which may arise out of any obligation.

4.8    In the service or the application or any part thereof or any error contained therein, or from any other non­performance, defective performance or late performance due to any cause whatsoever,   including   errors   due   to malfunction of equipment, programs or operations of BMW India Private Limited,  its  affiliates,  its  vendors, its authorized dealers or any third parties, or negligence of BMW India Private Limited, its  affiliates, its  Vendors,  its authorized dealers or third party providers, operators  or  programmers. In no event will BMW India Private Limited, its affiliates, its Vendors, its authorized dealers or any third party provider   be   liable   for   any punitive, incidental, direct, indirect, special, exemplary   or  consequential   damages, including, but not limited to, loss of use, loss of data, loss of opportunity, however caused, related to, arising out of or in connection with your use of, reliance on, or inability to access or use the service, the application or the information, or for any delay in or failure of transmission of any instructions or notifications sent to us through the service, even if such party knew, should have known or was advised of the possibility of such damages.

5.1    You may be required to register with the BMW India App with your correct credentials. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable and will take all necessary precautions to prevent unauthorized access to the Service. It is advisable that you will not divulge your these Access Credentials to anyone, including family members, friends, employees, bookkeepers or anyone else.

5.2    You shall refrain yourself from responding to text messages, pop-ups, emails or other Internet requests that ask you to reveal personal information about yourself or your vehicle or your BMW India App account. We will never send you unsolicited text messages or emails asking for your Access Credentials. We will never ask you to validate or restore your account or BMW India App mobile application access through unsolicited text messages or emails.

5.3    In the event that you suspect or immediately upon becoming aware that someone else knows or may have unauthorized access to your Access Credentials, or in the event of  any other attempted or actual unauthorized access to the Service, or the loss, theft, misuse or compromise of any of your Access Credentials, you will immediately notify BMW India Private Limited on 1800 102 2269 or any of its Authorized dealers. In any event, BMW India Private Limited, and Authorized Dealers shall not be responsible for the use of your Application or your Access Credentials,    including     but     not     limited    to unauthorized access and use of the Service on account of loss, theft, misuse, sale etc. of your mobile device.

5.5    We welcome your review your instructions, communications, appointment details and information shared by you on a regular basis and report any errors in a timely manner. You will notify BMW India Private Limited or its Authorized Dealers immediately upon receipt of any confirmations of acts or appointments that were not placed by you or someone whom you have authorized to do or book in your account(s), and in the event that you do not receive confirmations for the acts or appointments that you did place.

5.6    If you fail to take any of the actions described above, you will be liable for any unauthorized transactions on your BMW India App account confirmed by use of your VIN or Registration Number, password and/or mobile number. You also agree to assist us in any of the investigation into improper access to your accounts.

    
5.7    For all legal purposes BMW India Private Limited and compliance of applicable laws of the land may collects personally identifiable information when you register for the BMW India App account, when you choose the services and promotions. BMW India Private Limited may also receive personally identifiable information from our business partners. When you are registered with BMW India App, we ask for your name, birth date, anniversary date occupation, PAN,  AddressOnce you register with BMW India Private Limited and sign in to our services, you are not anonymous to us. BMW India Private Limited uses information for three general purposes: permitted legal purposes and in compliance with applicable laws, to ensure the fulfillment of your requests for certain products and services and to contact you about specials and new products.

5.8      You agree to keep your password confidential and will be responsible for all use of your account and password. It is hereby noted that BMW India App has a data server called BMW Driver’s Guide  wherein your VIN (Vehicle Identification number) will be recorded.   The Data transmitted to the BMW Group server are used exclusively for the purpose of providing services.  

6.1    We care about data privacy and security. Please review our Privacy Policy check at BMW India website www.bmw.in. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.  Please be advised the Site is hosted in India.  If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Site or Services, you are transferring your data to the India, and you expressly consent to have your data transferred to and processed in the home country.

7.1    You will compensate us in respect of any damages suffered by us and any losses or liabilities incurred by us as a result of any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, fees and expenses (including, without limitation, reasonable attorney fees and costs of any investigation) (collectively, the "Claims") from any third party in relation to any matters arising out of or in any connected with: (a) your use of the Service, (b) your breach of or failure to comply with any of the Terms and Conditions, (c) your failure to comply with any applicable laws, rules or regulations, and (d) any negligence, bad faith, fraud or willful misconduct by or on behalf of you.

7.2    You understand, acknowledge and agree that you acquire no right, title or interest whatsoever in or to the Application or the Service, as either of them exist now or in the future, and all ownership, rights, title, interest and intellectual property rights in the Application and the Service, including, but not limited to, all trade names, and any and all copyright, patents, trademarks, and service marks relating thereto, are and shall remain the property of BMW Group to the extent applicable, and nothing herein shall be construed as granting any rights therein to you.

8.1    You understand, acknowledge and agree that BMW INDIA PRIVATE LIMITED or its Authorized Dealers may in its sole discretion, at any time modify any part of the Service and/or change the terms and conditions upon which the Service is provided to you or discontinue or terminate the Service in part or in its entirety and without notice terminate or otherwise limit your access to the Service at any time for any reason, including, without  limiting the generality of the foregoing, in the event that we believe that you are in breach of or have failed to comply with any of the Terms and  Conditions or in the event that BMW India Private Limited or its Authorized Dealers believes that you are using the Service illegally, fraudulently or improperly, in which event all rights granted to you hereunder shall immediately  cease without notice to  you.

8.2    Termination of your access to the Service shall not alleviate any continuing or unfulfilled obligations which you may have under the Terms and Condit ions.

10.1    These terms and conditions will be governed by and construed in accordance with the laws of India. You agree that only courts at New Delhi will have jurisdiction for the determination of any matters arising out of these terms and conditions.

 
10.2    You agree that no joint venture, partnership, employment, or agency relationship exists between you and BMW India Private Limited or its Authorized Dealers as a result of this agreement or use of this Application.

10.3    BMW India Private Limited or its Authorized Dealers performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BMW India Private Limited  or its Authorized Dealers's right to  comply  with  governmental, court and law enforcement  requests  or requirements relating to your use of this Application or information provided to or gathered by BMW India Private Limited or its  Authorized Dealers with respect to  such use.

10.4    Performance of any obligation hereunder by BMW India Private Limited or its Authorized Dealers shall be excused if prevented by acts of God, public enemy, or other casualty, labor dispute, communications, computer, software, hardware or equipment failure, act or omission of any market center, utility, communications service, common carrier, Internet or network access or backbone provider or information provider, or any other circumstances beyond BMW India Private Limited or its Authorized Dealer's reasonable control.

10.5    Children below 18 years of age are not permitted to use this Application without the permission of their parents/guardians. If you are a child, please get your parent/guardian to read and accept these terms of use before you use this Application. Also, do not give your or their name, address, phone number or email address without their permission.

10.6    Telephone calls, use of the Service and communication between us, via messaging or any electronic mode including via email, whatsapp,  etc., may be recorded. These recordings will be our sole property and may be used for training and commercial purposes or as evidence in the event of a dispute.

10.7    If any provision of this Agreement is declared to be invalid or unenforceable under any applicable law, the validity or enforceability of the remaining provisions contained herein shall not be affected in any manner whatsoever, and any such invalid or unenforceable provision shall be deemed to be severable and ineffective only to the extent necessary to render the remaining portions of these terms and conditions valid and enforceable.

10.8    You acknowledge and agree that you have read and understood, and agree to be bound by, the Terms and Conditions, including, without limitation, the terms and conditions contained herein, and the provisions herein that limit the liability of BMW India Private Limited, its Vendors or its Affiliates or its Authorized Dealers for damages, including, without limitation, damages caused by, arising from or in connection with technical errors affecting the Service.

10.9    You and we have expressly requested that these terms and conditions and all related documents, including notices, be drawn up only in English.

10.10    You acknowledge and agree that you have read and understood, and agree to be bound by, the Terms and Conditions, including, without limitation, the terms and conditions contained herein, and the provisions herein that limit the liability of BMW India Private Limited, its Vendors or its Affiliates or its Authorized Dealers for damages, including, without limitation, damages caused by, arising from or in connection with technical errors affecting the Service.

10.11    You and we have expressly requested that these terms and conditions and all related documents, including notices, be drawn up only in English.

10.12    If you have any queries in relation to the Terms and Conditions or the Service, please contact us at 1800 102 2269.
These terms and conditions form a contract between you and us in respect of the Service. For your own benefit and protection you should read the terms and conditions set out herein carefully before you start to use the Service.

All Trademarks and copyrights owned by BMW AG.

1.1    BMW India Private Limited (hereafter referred to as “BMW India”) provides you (hereafter referred to as “the Customer”) with your BMW vehicle-specific information, BMW Authorized Dealer and accessible details through your Mobile Device through “BMW OneApp”, in accordance with these General Terms and Conditions of using this service.

1.2    By installing and registering for BMW OneApp, you will be taken to have read, understood and accepted these terms and conditions in the same way as if you have signed a printed version and you will be bound by them and they will continue to apply every time you use this facility. If you do not agree with any of the terms set out herein, you should not use this facility, and if you have already installed BMW OneApp, mobile application software, you should uninstall the same from your mobile device.

1.3    In these terms and conditions, "we", "our" and "us" mean BMW India Private Limited or its Authorized Dealers and "you" and "your" mean the individual who is using this facility. These terms and conditions apply to your use of this service (including, for greater certainty, BMW OneApp), and any available information or details available therein.

1.4    As consideration for your continuing compliance with an agreement to be bound by the Terms and Conditions, we hereby grant and you hereby accept a limited, non-exclusive, non-transferable, non-assignable permission to use BMW OneApp (which shall include future updates) made available from time to time, provided you understand that such updates may be subject to additional terms for using BMW OneApp.

1.5    This BMW OneApp is available for BMW customer who have purchased BMW vehicle with all legal means which is available on mobile devices and operating systems which can run this BMW OneApp to receive the Service. We trust that you will only use the Service and the Application solely and exclusively for your own personal, private, non-commercial use and on registered mobile devices belonging to you.

1.6    This BMW OneApp is provided as a convenience to you. You will comply at all times with all technicality and security requirements which availing this service. The information accessible through the Service is more limited than the information available with the BMW India or its Authorized Dealers in electronic or hard form, and does not constitute an official record for the information to which it pertains. You are solely responsible for the use of any data, information or services obtained through the use of the Service.

1.7    You will at all times comply with (and your use of Service and BMW OneApp will at all times be in compliance with) all applicable laws, rules and regulations, including, without limitation, applicable export and import control laws and regulations, and you will not allow any other party to use the Service or the Application for or in connection with any illegal purpose or activity. The Application is not intended for distribution or use by any person in any jurisdiction or country where such use and/or distribution would be contrary to local laws, rules and/or regulations.

 
1.8    In the event that you fail to comply with the Terms and Conditions or you are no longer the owner of a BMW vehicle, all rights granted to you in relation to this application and the Service shall immediately expire without any prior information and you will immediately uninstall the Application and destroy all copies of the Application, if any. BMW India Private Limited, its affiliates, its Iicensors or its Authorized Dealers shall not be responsible or assuring in any way for the use of the Application by you after you cease to be an owner of the BMW vehicle.

2.1    BMW OneApp provide information, including but not limited to, service tips, driving tips, maintenance tips, service due reminders etc. (collectively, the" Information") to you under permission from various exchanges and information providers. This Information is indicative only. All intellectual property rights owned by third parties in any Information provided by third parties shall at all times remain the property of such third parties. Your use of such Information is subject to the terms and conditions of each applicable third party or exchange data provider. We accept no liability for the any Information provided by third parties and make no representations or warranties that such Information will be accurate or timely. The Service, the Application and all Information contained therein is and remains our property and/or the property of our third party Vendors.

2.2    Neither BMW India Private Limited its affiliates, its Vendors, its sub Vendors, its Authorized Dealers nor any other third party provider makes any warranty, representation or guarantee as to the accessibility, reliability, communication links, accuracy , truth, timeliness, or completeness of any Information, including any traffic , service, weather information or other information or data furnished through the Service, or that any such Information disseminated may be solely relied upon for doing any act or other purposes. You acknowledge that it is your responsibility to verify any Information that you elect to use when taking any action.

3.1    By agreeing to these terms and condition, you shall ensure that you will not:

(a) The Customer shall not be permitted to use these Services for unlawful purposes and shall not allow third parties to do so. The Customer shall not be permitted to forward to third parties or process data or information received using the Services for commercial purposes.

(b) Circumvent, disable, or otherwise interfere with security-related features of the Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Application and/or the Content contained therein.

(c) Attempt to impersonate another user or person or use the username of another user or sell or otherwise transfer your profile.

(d) Remove or tamper with any proprietary notices or labels, including copyright notices or data source attributions, attached to or contained within the Application or the Service.

(e) Alter, modify, adapt or translate the whole or any part of BMW OneApp, or any other computer access/software made accessible to you or otherwise used by you to access and use the Service, or perform maintenance on the Application, nor will you duplicate, compile, disseminate, reverse engineer, disassemble, decompile, disable any features, or otherwise derive the source code for the Application, or any component of the Application, in whole or in part.

(f) Merge the Application or any component thereof into any other programs or create derivative works based on any component of the Application.

(g) Use the Application in whole or in part or any confidential information relating thereto to create software that is functionally equivalent to the Application or any part thereof.

(h) Copy the Application or the information accessible through the Service onto any public or publicly accessible network, or make any additional copies of or reproduce in any way the whole or any part of the Application or the Service whatsoever.

(i) Remove or tamper with any proprietary notices or labels, including copyright notices or data source attributions, attached to or contained within the Application or the Service.

(j) Use the Application or the Service in any way that may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm or injury to any person.

(k) Causing damage to any of the websites, servers, systems or equipment or connecting links or mediums used in the provision of the Service by BMW India Private Limited, its Authorized Dealers or any other third party and you may not access or attempt to access any user data or to penetrate any of the security measures relating to the Service.

4.1    You understand and agree that you are solely responsible for all orders, instructions and information entered through or electronically transmitted to us through the Service using your VIN or Registration number, sign-on password, and/or mobile number, and you accept that all such orders, instructions and data transmissions are undertaken at your own risk. Neither BMW India Private Limited, nor the Authorized Dealers of BMW India Private Limited is liable for any error made by you in entering any details or providing any orders or instructions when you use the Service.

4.2    You agree that BMW India Private Limited and its Authorized Dealers shall be entitled to rely upon orders and instructions received when enteredusing your VIN (Vehicle Identification number) or Registration number, sign-on password, and/or mobile number. You understand that once your VIN or Registration Number, sign-on password, and/or mobile number have been entered in a given session, no additional passwords are required for availing the Services, and you will take all necessary precautions to prevent unauthorized access to your BMW OneApp account(s).

4.3    BMW India Private Limited or its Authorized Dealers may rely on all instructions and any other communications given or entered by you or anyone else using your BMW OneApp account, and you will be bound by any agreement entered into an act undertaken by BMW India Private Limited, its Authorized Dealers in reliance on such orders, instructions and communications. Without limiting the generality of the foregoing, you will be responsible for all instructions received by BMW India Private Limited or its Authorized Dealers between the time you first pass the security procedure until the time you log-out of the Service. Please note that this includes any input errors sent by anyone else. Please do not leave your mobile device unattended while you remain logged into the Service.

4.4    Instructions placed through the Service or service appointments and service requests made through the Service will be reflected in the data maintained by the Authorized Dealers of BMW India Private Limited in the same manner as the data maintained in electronic or hard form by telephonic or physical service requests. You shall not assume that any appointment has been confirmed until you have received a confirmation of such appointment transaction.

4.5    You acknowledge that it is not possible for us to provide the Service free from defects. The Service may be delayed, unavailable, not delivered and/or inaccurate from time to time due to a variety of factors, including technical reasons, for planned or unplanned maintenance or downtime or for any other reason. The Service may be adversely affected by the performance of and any outages on mobile device networks, or when you are not in an area of mobile coverage, or other factors beyond the control of BMW India Private Limited or any of its affiliates or its Vendors or its Authorized Dealers or any third party, and neither BMW India Private Limited nor its affiliates nor its agents nor its Authorized Dealers will be liable therefore.

4.6    You understand and agree that the Service and the Application are provided "as is" and "as available", and all warranties, representations and guarantees, express or implied, are hereby disclaimed. Without limiting the generality of the foregoing, any and all warranties of merchantability, fitness for a particular purpose, suitability, reliability, accuracy, performance, compatibility or non-infringement, or that the Service or the Application will be free from defects, errors, viruses or harmful programs, or be of a satisfactory quality, are hereby expressly disclaimed.

4.7    You acknowledge that the service and the application computer and utilize complex telecommunications networks and that, as such, continued, uninterrupted and error free access to the service and/or the application cannot be guaranteed. In light of the foregoing, neither BMW India private limited, its affiliates, , its authorized dealers nor any other third party provider shall be liable in any way for any loss or damage, direct or indirect, which may arise out of any obligation.

4.8    In the service or the application or any part thereof or any error contained therein, or from any other non­performance, defective performance or late performance due to any cause whatsoever, including errors due to malfunction of equipment, programs or operations of BMW India Private Limited, its affiliates, its vendors, its authorized dealers or any third parties, or negligence of BMW India Private Limited, its affiliates, its Vendors, its authorized dealers or third party providers, operators or programmers. In no event will BMW India Private Limited, its affiliates, its Vendors, its authorized dealers or any third party provider be liable for any punitive, incidental, direct, indirect, special, exemplary or consequential damages, including, but not limited to, loss of use, loss of data, loss of opportunity, however caused, related to, arising out of or in connection with your use of, reliance on, or inability to access or use the service, the application or the information, or for any delay in or failure of transmission of any instructions or notifications sent to us through the service, even if such party knew, should have known or was advised of the possibility of such damages.

5.1    You may be required to register with the BMW OneApp with your correct credentials. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable and will take all necessary precautions to prevent unauthorized access to the Service. It is advisable that you will not divulge your these Access Credentials to anyone, including family members, friends, employees, bookkeepers or anyone else.

5.2    You shall refrain yourself from responding to text messages, pop-ups, emails or other Internet requests that ask you to reveal personal information about yourself or your vehicle or your BMW OneApp account. We will never send you unsolicited text messages or emails asking for your Access Credentials. We will never ask you to validate or restore your account or BMW OneApp mobile application access through unsolicited text messages or emails.

5.3    In the event that you suspect or immediately upon becoming aware that someone else knows or may have unauthorized access to your Access Credentials, or in the event of  any other attempted or actual unauthorized access to the Service, or the loss, theft, misuse or compromise of any of your Access Credentials, you will immediately notify BMW India Private Limited on 1800 102 2269 or any of its Authorized dealers. In any event, BMW India Private Limited, and Authorized Dealers shall not be responsible for the use of your Application or your Access Credentials,    including     but     not     limited    to unauthorized access and use of the Service on account of loss, theft, misuse, sale etc. of your mobile device.

5.5    We welcome your review your instructions, communications, appointment details and information shared by you on a regular basis and report any errors in a timely manner. You will notify BMW India Private Limited or its Authorized Dealers immediately upon receipt of any confirmations of acts or appointments that were not placed by you or someone whom you have authorized to do or book in your account(s), and in the event that you do not receive confirmations for the acts or appointments that you did place.

5.6    If you fail to take any of the actions described above, you will be liable for any unauthorized transactions on your BMW OneApp account confirmed by use of your VIN or Registration Number, password and/or mobile number. You also agree to assist us in any of the investigation into improper access to your accounts.

    
5.7    For all legal purposes BMW India Private Limited and compliance of applicable laws of the land may collects personally identifiable information when you register for the BMW OneApp account, when you choose the services and promotions. BMW India Private Limited may also receive personally identifiable information from our business partners. When you are registered with BMW OneApp, we ask for your name, birth date, anniversary date occupation, PAN, AddressOnce you register with BMW India Private Limited and sign in to our services, you are not anonymous to us. BMW India Private Limited uses information for three general purposes: permitted legal purposes and in compliance with applicable laws, to ensure the fulfillment of your requests for certain products and services and to contact you about specials and new products.

5.8      You agree to keep your password confidential and will be responsible for all use of your account and password. It is hereby noted that BMW OneApp has a data server called BMW Driver’s Guide wherein your VIN (Vehicle Identification number) will be recorded. The Data transmitted to the BMW Group server are used exclusively for the purpose of providing services.  

6.1    We care about data privacy and security. Please review our Privacy Policy check at BMW India website www.bmw.in. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in India. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Site or Services, you are transferring your data to the India, and you expressly consent to have your data transferred to and processed in the home country.

7.1    You will compensate us in respect of any damages suffered by us and any losses or liabilities incurred by us as a result of any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, fees and expenses (including, without limitation, reasonable attorney fees and costs of any investigation) (collectively, the "Claims") from any third party in relation to any matters arising out of or in any connected with: (a) your use of the Service, (b) your breach of or failure to comply with any of the Terms and Conditions, (c) your failure to comply with any applicable laws, rules or regulations, and (d) any negligence, bad faith, fraud or willful misconduct by or on behalf of you.

7.2    You understand, acknowledge and agree that you acquire no right, title or interest whatsoever in or to the Application or the Service, as either of them exist now or in the future, and all ownership, rights, title, interest and intellectual property rights in the Application and the Service, including, but not limited to, all trade names, and any and all copyright, patents, trademarks, and service marks relating thereto, are and shall remain the property of BMW Group to the extent applicable, and nothing herein shall be construed as granting any rights therein to you.

8.1    You understand, acknowledge and agree that BMW INDIA PRIVATE LIMITED or its Authorized Dealers may in its sole discretion, at any time modify any part of the Service and/or change the terms and conditions upon which the Service is provided to you or discontinue or terminate the Service in part or in its entirety and without notice terminate or otherwise limit your access to the Service at any time for any reason, including, without limiting the generality of the foregoing, in the event that we believe that you are in breach of or have failed to comply with any of the Terms and Conditions or in the event that BMW India Private Limited or its Authorized Dealers believes that you are using the Service illegally, fraudulently or improperly, in which event all rights granted to you hereunder shall immediately cease without notice to you.

8.2    Termination of your access to the Service shall not alleviate any continuing or unfulfilled obligations which you may have under the Terms and Condit ions.

10.1    These terms and conditions will be governed by and construed in accordance with the laws of India. You agree that only courts at New Delhi will have jurisdiction for the determination of any matters arising out of these terms and conditions.

 
10.2    You agree that no joint venture, partnership, employment, or agency relationship exists between you and BMW India Private Limited or its Authorized Dealers as a result of this agreement or use of this Application.

10.3    BMW India Private Limited or its Authorized Dealers performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BMW India Private Limited  or its Authorized Dealers's right to  comply  with  governmental, court     and     law enforcement  requests  or requirements relating to your use of this Application or information provided to or gathered by BMW India Private Limited or its  Authorized Dealers with respect to  such use.

10.4    Performance of any obligation hereunder by BMW India Private Limited or its Authorized Dealers shall be excused if prevented by acts of God, public enemy, or other casualty, labor dispute, communications, computer, software, hardware or equipment failure, act or omission of any market center, utility, communications service, common carrier, Internet or network access or backbone provider or information provider, or any other circumstances beyond BMW India Private Limited or its Authorized Dealer's reasonable control.

10.5    Children below 18 years of age are not permitted to use this Application without the permission of their parents/guardians. If you are a child, please get your parent/guardian to read and accept these terms of use before you use this Application. Also, do not give your or their name, address, phone number or email address without their permission.

10.6    Telephone calls, use of the Service and communication between us, via messaging or any electronic mode including via email, whatsapp,    etc.,   may    be    recorded.   These recordings will be our sole property and may be used for training and commercial purposes or as evidence in the event of a dispute.

10.7    If any provision of this Agreement is declared to be invalid or unenforceable under any applicable law, the validity or enforceability of the remaining provisions contained herein shall not be affected in any manner whatsoever, and any such invalid or unenforceable provision shall be deemed to be severable and ineffective only to the extent necessary to render the remaining portions of these terms and conditions valid and enforceable.

10.8    You acknowledge and agree that you have read and understood, and agree to be bound by, the Terms and Conditions, including, without limitation, the terms and conditions contained herein, and the provisions herein that limit the liability of BMW India Private Limited, its Vendors or its Affiliates or its Authorized Dealers for damages, including, without limitation, damages caused by, arising from or in connection with technical errors affecting the Service.

10.9    You and we have expressly requested that these terms and conditions and all related documents, including notices, be drawn up only in English.

10.10   You acknowledge and agree that you have read and understood, and agree to be bound by, the Terms and Conditions, including, without limitation, the terms and conditions contained herein, and the provisions herein that limit the liability of BMW India Private Limited, its Vendors or its Affiliates or its Authorized Dealers for damages, including, without limitation, damages caused by, arising from or in connection with technical errors affecting the Service.

10.11    You and we have expressly requested that these terms and conditions and all related documents, including notices, be drawn up only in English.

10.12    If you have any queries in relation to the Terms and Conditions or the Service, please contact us at 1800 102 2269.

These terms and conditions form a contract between you and us in respect of the Service. For your own benefit and protection you should read the terms and conditions set out herein carefully before you start to use the Service.

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