TERMS AND CONDITIONS FOR USER REGISTRATION

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

 

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS BEFORE YOU REGISTER FOR AND USE the Company’s Online Shop and/or BMW One App, BMW Excellence Club India website and/or App and other permitted BMW Group customer facing access portals (hereinafter collectively referred to ‘Online Touchpoint Applications’).

 

YOU CAN REGISTER FOR THE SERVICE THROUGH YOUR MOBILE DEVICE OR WEBSITE. BY REGISTERING FOR THE SERVICE, 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 THE SERVICE.

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Glossary

(a)  “Dealer” means an Authorised Dealer of BMW India Private Limited being authorised for selling and servicing the Vehicles or BMW Parts to the Customer. 

 

(b)  “Customer” means an existing / prospective customer interested to access Online Touchpoint Applications’ for getting desired information or details thereon and includes any Individual/ Firm/ Proprietorship / Company or other legal entity.

 

(c)  “Vehicle” means a BMW and/or MINI brand Vehicle manufactured, imported and marketed by BMW India in the Indian Market. The Vehicle can be Completely Built Unit (“CBU”), Imported Vehicles or Locally Manufactured Vehicle unit (“LMV”). 

 

(d)  “Online Shop” means the online platform facilitated by BMW India for providing access to the Customer to book Vehicle with Dealer.

 

(e)  “One App” means the mobile application is a computer program or software application designed to run on a mobile devices,  which is facilitated by BMW India for providing Vehicle specific information, information about Dealers, BMW Service and other available information / details through such mobile device.

 

(f)  “BMW Excellence Club India Website” means the online platform facilitated by BMW India for providing access to BMW Excellence Club Members to explore and book various offers which are curated for the member base.

 

(g)  “BMW Excellence Club India Application” means the mobile application is a computer program or software application designed to run on a mobile devices,  which is facilitated by BMW India for providing access to the BMW Excellence Club Members to explore and book various offers which are curated for the member base.

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1. Agreement to Terms

1.1  To use the Online Touchpoint Applications, you must register in the App/portal. When you register Online Touchpoint Applications’ you will receive an online account that gives access to BMW Group portals. By registering for same, 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. Likewise, while accessing through internet, If you do not agree with any of the terms set out herein, you have right to discontinue and should not use this facility and you can go back to previous page. In order to provide you the BMW Group Login service, your data is passed on to the BMW Group company that acts as a provider of the applications in use by you. Storage of the data from your customer account is handled by BMW Group and is separate from any other (even potentially identical) data about your person that may be available to BMW Group.

 

1.2  BMW India Private Limited (hereafter referred to as “BMW India”) provides you (hereafter referred to as “the Customer”) with access to Online Touchpoint Applications post registration. 

 

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, Online Touchpoint Applications) 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 Online Touchpoint Applications (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 Online Touchpoint Applications.

 

1.5  Online Touchpoint Applications are 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 Online Touchpoint Applications.

 

1.6  You will at all times comply 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 Online Touchpoint Applications for or in connection with any illegal purpose or activity. The Online Touchpoint Applications 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.

 

1.7  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 said Service and the Application solely and exclusively for your own personal, private, non-commercial use and on registered mobile devices belonging to you.

 

The booking or access to available information is optional. Further, BMW India and its Dealer will not assume any liability of any inability or failure on their part in executing any order registered by any Customer on account of any causes, constituting a force majeure or otherwise, beyond their control.

 

1.8  The supply against order shall be governed by any statutory orders, rules and regulations imposed by Central and State Government including applicable Goods and Service Tax and other statutory levies for the time in force. The registration of Vehicle is done by the Regional Transport Authority of the State in accordance with law for the time being in force.

 

1.9  Customer understands that sale or service of the Vehicle or any other contractual transactions as available in Online Touchpoint Applications is exclusively transacted between Customer and Dealer only. BMW India is only facilitating, and it has no role for settling the commercial terms whatsoever in this regard.

 

1.10  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 BMW OneApp 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

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2. Information

2.1  Online Touchpoint Applications 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 Online Touchpoint Applications and all Information contained therein is and remains our property and/or the property of the 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 and materials contained in this site, including text, graphics, links or other items are provided "as is", "as available", 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. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials

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3. Restrictions

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 and Online Touchpoint Applications 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 Online Touchpoint Applications, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Online Touchpoint Applications 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 Online Touchpoint Applications or the Service.

 

(e)  Alter, modify, adapt or translate the whole or any part of Online Touchpoint Applications 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 Online Touchpoint Applications, or any component of the Online Touchpoint Applications, in whole or in part.

 

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

 

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

 

(h)  Copy the Online Touchpoint Applications 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 Online Touchpoint Applications or the Service whatsoever.

   

(i)   Use the Online Touchpoint Applications 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.

 

(j)  Causing damage to any of the Online Touchpoint Applications, websites, servers, systems or equipment or connecting links or mediums used in the provision of the available Service by BMW India Private Limited, its Dealer 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.

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4. Accessibility and Disclaimers

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 entered using 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 Online Touchpoint Applications 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 online 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 or laptop or any other device unattended while you remain logged into Online Touchpoint Applications.

 

4.4  In Online Touchpoint Applications or any part thereof or any error contained therein, or from any other non­-performance, 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. While BMW India strives to ensure that the information set out in the Online Touchpoint Applications is correct and up-to-date, BMW India does not represent or warrant the completeness, accuracy or availability of the information.

 

4.5  Instructions placed through the Service or service appointments and service requests, if any, 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.

 

4.6  You acknowledge that it is not possible for us to provide the access Service seamlessly at all the times. 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.

 

4.7  You acknowledge that the service and Online Touchpoint Applications’ available 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.

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5. Confidentiality

5.1  You may be required to register with the Online Touchpoint Applications 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 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 Online Touchpoint Applications 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 Online Touchpoint Application account or Website 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 or electronic device.

 

5.4  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.

 

5.5  For all legal purposes and compliance of applicable laws of the land BMW India Private Limited may collects personally identifiable information when you register for the Online Touchpoint Applications 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 Shop”, we ask for your name, birth date, anniversary date occupation, PAN, Address Once 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 fulfilment of your requests for certain products and services and to contact you about specials and new products.

 

5.6  You agree to keep your password confidential and will be responsible for all use of your account and password. The Data transmitted to the BMW Group server are used exclusively for the purpose of providing services.

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6. Privacy Policy

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 Online Touchpoint Applications, 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 India, and you expressly consent to have your data transferred to and processed in the home country. If you do not provide your personal information on the Online Touchpoint Applications, or BMW cannot otherwise collect all the information we request or need, we will not be able to provide the Sales/Service to our customer.

Neither we nor the Dealer will receive credit card information you provide on the Online Touchpoint Applications. This information will only be provided to the Payment Gateway Provider and will be used in accordance with the Payment Gateway Provider’s privacy policy, a copy of which is available on the Online Touchpoint Applications.

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7. Liability and Limitations

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 wilful 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.

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8. Termination and Modification

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 Conditions.

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9. Changes to these terms

9.1  BMW India Private Limited may edit these terms from  time  to  time.  If we  make any substantial changes, we will notify you by posting a prominent announcement on the Application.

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10. General

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 Dealer'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 Online Touchpoint Applications. If you are a child/minor, please get your parent/guardian to read and accept these terms of use before you use this Online Touchpoint Applications. 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.

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11. Customer Data

11.1  You accept and agree to above terms and conditions and also give unconditional consent for being contacted for the Vehicle or desired services over telephone/mobile phone/email/sms. Non-acceptance of any of these terms and conditions will result in cancellation.

 

11.2  The Customer’s contact details will be shared with BMW India and/or its Group Companies for purpose of monitoring and conducting surveys to improve quality of services. The Customer hereby gives his/her consent for such data sharing and also has no objection whatsoever for such data sharing.

 

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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