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.