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 , 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 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 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, 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 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, its affiliates, its vendors, its authorized dealers or any third parties, or negligence of BMW India, its affiliates, its Group or Vendors, its authorized dealers or third party providers, operators or programmers. In no event will BMW India, its affiliates, its Group or 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 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 or any of its affiliates or its Vendors or its Authorized Dealers or any third party, and neither BMW India 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.