These Terms and Conditions govern the BMW Excellence Club Program (“Program”) of BMW India Private Limited (“BMW India” or “we” or “us”) and our relationship with members of the Program (“Members” or “you”). Membership of the Program (“Membership”) is subject to these Terms and Conditions, which supersede all previous loyalty program rules and/or conditions: Membership and Entitlement
1. The Membership of the Program is limited and available to whom the Membership is specifically offered to by BMW India. A person shall not be entitled for the Membership in case the same is not offered by BMW India.
2. The first owners of BMW 8 Series Gran Coupé, BMW 7 Series, BMW i7, BMW Z4, BMW iX, BMW XM, BMW X7 (2016 Onwards), and BMW M Cars except M340i are entitled to membership of BMW Excellence Club Program. If the owner is not a natural person, the main user of the vehicle as declared by the registered owner of vehicle at the time when order was placed will be entitled to Membership. A later amendment is only possible for justified exceptional cases (e.g. a change of the main user, but not due to a sale of the vehicle), although this decision remains at the sole discretion of BMW India. Membership is extended only to the first users of new cars of the variants mentioned earlier. Old members owning other cars will continue to be members.
3. Membership in the Program is at NO COST to the Members. The Benefits are provided by the third party service providers (“Service Provider”) as per availability and commercial terms to be determined and settled between the Member and Service Provider.
4. Members must safely store their access details for the BMW Excellence Club Online portal and mobile application. If a third party is suspected to have gained knowledge of the access details, Members must immediately report it to the BMW Excellence Club response center. BMW India will arrange for access to be blocked. BMW India shall not be liable or responsible for misuse of the Membership.
5. The right to Membership of the Program and the right to make use of the services and privileges associated with the Program cannot be transferred or assigned.
6. BMW India is only the facilitator for providing access to the Members to privileges, offers and services (“Benefits”) offered by the Service Providers under the Program.
7. The Benefits are outsourced purely on referral or arrangement basis and BMW India does not have any control over the same. BMW India does not offer the Benefits and is not representative of the delivery, quality, warranty, guarantee and suitability of products/services availed from the Service Provider. Any such undertaking, representation, warranty or guarantee would be furnished solely by the Service Provider under the terms agreed between you and the Service Provider.
8. The Benefits are being facilitated by BMW India on a “best effort basis” and Members must exercise due diligence in understanding specific terms of the Service Provider that may be applicable to such Benefits.
9. The Benefits may not be combined with other offers, discounts or promotions from the respective Service Provider.
10. The Benefits can be availed only in the outlets mentioned in each offer.
11. To avail the Benefits please display the BMW Excellence Club digital card available on BMW Excellence Club website and App to the respective Service Provider unless specified otherwise.
12. The Service Providers reserves the right to change the conditions of their Benefits, extend, alter or withdraw the Benefit or any part thereof without assigning any reason whatsoever. BMW India shall not be responsible for the act of Service Provider in this regard.
13. Any participation to avail Benefit shall be purely on a voluntary basis and Benefit cannot be exchanged with cash or any other monetary consideration or items.
14. Members are required to make prior bookings/arrangements, at their own expense including advance booking, if any, to avail the Benefits which are subject to availability.
15. The Benefits are available only on the services listed on the BMW Excellence Club site and may be valid for specific periods/ areas / terms as stated therein.
16. BMW India shall not be responsible for any third party expenses which shall be solely the responsibility of and be borne by the Members who avail of the Benefits.
17. The availability of Benefits offered herein may vary from time to time and will be subject to availability with the Service Provider.
18. The Benefits may be varied or withdrawn without notice.
19. The specifications and facilities may differ from one Service Provider to another and the customer is requested to confirm all details from the concerned Service Provider at the time of booking.
20. Additional terms and conditions may apply to a particular Benefit as may be specified from time to time.
Validity of Membership and Termination:
21. The initial term of Membership commences on the date the BMW Excellence Club welcome kit is supplied to the Member and will terminate until the earlier of (a) the date on which you cease to be an owner of the BMW Vehicle or (b) termination of the Membership by BMW India or (c) withdrawal of the Program by BMW India.
22. Upon termination of your Membership for any reason, including demise, the membership number shall automatically become invalid and earned Benefits cannot be exchanged with any other persons.
23. Members can deactivate their Membership, by giving a notice by email or call the BMW Excellence Club Response Center.
24. A reactivation of Membership is possible at any time is possible if all requirements for a valid membership, as stated earlier, are met and the decision of reactivation is at the sole discretion of BMW India.
25. Members will not be entitled to compensation or refunds in the event of a termination or deactivation.
26. BMW India reserves the right to withdraw the Membership of any Member on reasonable grounds.
27. In the event that a Member commits a serious infringement of the conditions of Membership or the contractual provisions relating to Benefit, BMW India and / or the respective Service Provider shall be entitled to refuse the Benefit and exclude the member from receiving further Benefit under the Program and from using the BMW Excellence Club Online & mobile Portal. Transferring Benefits to a third party without written consent from BMW India constitutes a serious infringement of the conditions of membership.
28. Member may choose the Benefits as per his/her own sole discretion. BMW India or its representative shall not be responsible or liable for any faults or defaults of the Benefits provided by Service Provider or any obligation to make any party or full payment thereof.
29. All dealing of the Member vis a vis with the Service Provider are on principal to principal basis and BMW or its representative shall not to be treated as agent or distributor of the Service Provider.
Use of the Member’s Personal Data:
30. BMW India stores Membership and contact data from the car purchase agreement documents and the Membership activation data of the Program and voluntary details to the required extent. The stored data is transferred to Service Providers of BMW India, provided that this is necessary for completing the contractually agreed services (e.g. data regarding events and bookings).
31. Changes to personal details can be made online or via the BMW Excellence Club Response Center.
Limitation of Liability:
32. Use of the Benefits is at member’s sole risk and BMW India shall not be liable for any direct, indirect or consequential losses resulting from the use of the Benefits provided by the Service Provider. Benefits are provided on an “as is” and “as available” basis. We expressly disclaim all express or implied warranties of any kind, whether relating to the Program, your Membership or the quality of any goods or services purchased or obtained by you using the BMW Excellence Club membership.
33. Any dispute regarding delivery, service, suitability, merchantability, availability or quality of the offer and / or products / services under the offer/ Benefit must be addressed in writing, by the Member directly to the respective Service Provider.
34. BMW India shall not be responsible for:
(a) Loss of Membership details (including login ID and password)
(b) Unauthorised usage of the Membership
(c) Any acts or omissions of Service Providers and third parties
(d) We reserve the right to correct, without notice any errors published in materials relating to the Program, including, without limitation, any pricing or typographical errors, errors of description, errors regarding Benefits, and errors in the crediting or debiting of earned Benefits from or to Member accounts.
35. We endeavour to keep the information on our website, including the links to these Terms and Conditions. However, we are not responsible for any information that has not been updated. BMW India is not responsible for, and reserves the right to correct, any pricing or typographical errors, errors of description, or errors on its website.
36. BMW reserves the right to wholly or partially transfer or assign the Program to third parties as (co)providers.
37. Any dispute arising out of the Program shall be subject to the exclusive jurisdiction of competent courts in New Delhi.
38. These Terms and Conditions shall be governed by the Laws of India.
39. BMW India reserves the right, at any time, to alter / modify / change or vary all of these terms and conditions or to replace, wholly or in part, this Program by another Program, whether similar to this program or not, or to withdraw it altogether.
40. By using the Benefits of BMW Excellence Club Program, you agree that: (a) you have read, understood and accepted these Terms and Conditions (b) you are eligible for Membership (c) And you consent to BMW India collecting data that is personal to you, and disclosing such data to third parties, in accordance with our privacy statement. The purpose of BMW Excellence Club Program is to facilitate the privileges, offers and services offered by third party Service Providers.