Terms Of Use

WELCOME

The BMW Store welcomes you to our website. This Terms of Use applies to this website (the "Website"). Please read the following Website terms of use (“Terms of Use”) before using the Website. By accessing, browsing and using this site means you accept these Legal Terms and Conditions, constituting a binding contract between you and The BMW Store, OpenRoad Auto Group, BMW Canada Inc. or any affiliate, if applicable. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately. A copy of these Terms of Use may be downloaded, saved and printed for your reference.


OWNERSHIP / RESTRICTIONS ON USE

The Website is owned and operated by The BMW Store. Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the “Content”) contained in this Website are proprietary to The BMW Store, its affiliates and/or third-party licensors. The Content is protected by Canadian and international copyright and trademark laws.

Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of The BMW Store. You may download, print, copy or transmit, solely within Canada, any portion of the Content on the Website for informational and non-commercial personal purposes only. Each copy of this Content must retain all copyright and other proprietary notices contained therein and the citation of the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of The BMW Store.

Furthermore, all marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of BMW Canada Inc. and The BMW Store, or are used under licence by The BMW Store. No license to any The BMW Store intellectual property has been granted by your use of this Website. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

To obtain written consent for any of the above, please contact us at privacy@openroadautogroup.com

 

REGISTRATION AND PASSWORDS

To access certain portions of the Website, such as booking vehicle maintenance appointments, you may be asked to complete an online registration form. In consideration for your use of this Website and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes.

As part of the registration process, you may choose or be given a password and user name. You alone are responsible for keeping that password and user name confidential, and for any and all activity that occurs on this Website under such password or user name. You agree to immediately notify The BMW Store of any unauthorized use of your password or user name or any other breach of security.


USER CONDUCT

As a condition of your continued access to and use of this Website, you agree to abide by all applicable federal, provincial, territorial and other laws and regulations. In addition, without limiting the foregoing, you agree not to:
a) e-mail, text, post, upload or otherwise transmit any material through the Website that:
(i) constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(ii) infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
(iii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially ethnically or otherwise objectionable; or
(iv) contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
b) e-mail, text or otherwise transmit any material through the Website without the recipient’s consent;
c) harvest or otherwise collect or store any information (including personal information) about other users of the website, including e-mail addresses, without the express consent of such users;
d) for the purposes of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the website;
e) impersonate any person or entity, including but not limited to, a The BMW Store employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
f) attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means;
g) interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks;
h) use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website; and
i) facilitate or encourage any of the above conduct.

The foregoing is hereinafter referred to as the “Code of Conduct”.


PRODUCT DESCRIPTIONS AND TERMS OF PURCHASE

While we attempt to provide an accurate description of the vehicles and other products on this Website, we do not warrant the accuracy, completeness, reliability or currency of such descriptions. The information contained on this Website is intended only to provide a general indication of our products and pricing. Prices and specifications including standard features, accessories, equipment, options and colours are subject to availability and inventory, and The BMW Store reserves the right to revise pricing and/or specifications at any time, without notice. Please see The BMW Store for more information on products and final pricing.

Illustrations are representative only. The BMW Store will, subject to legal requirements, determine the Model Year designation of its vehicles. The Model Year designation on any particular model may be longer or shorter than twelve months. Models may be shown with features, accessories, equipment, options and/or colours not available in Canada, or available only at extra cost, or available only on particular models.


All of the information contained on this Website is for informational purposes only and in no way constitutes an offer to buy or sell The BMW Store vehicles. The purchase of any The BMW Store vehicle shall be subject to the terms and conditions of the applicable sale, lease, or financing contract.

Certain products may be available for purchase on this Website. PRODUCTS DISPLAYED ON THE WEBSITE MAY NOT BE AVAILABLE AT ALL TIMES AND PRODUCTS AND PRICES MAY BE CHANGED, AND PRODUCTS SUBSTITUTED OR DISCONTINUED AT ANY TIME. WHILE WE ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF ITEMS AVAILABLE FOR PURCHASE ON THE SITE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF SUCH DESCRIPTIONS.

It is our goal to provide increased value to you, our visitors. Therefore, the Website might offer you links to other sites on the Internet that are owned and operated by The BMW Store and OpenRoad Auto Group affiliates or third parties that are not affiliated with us. Please understand that such linked Websites are independent from The BMW Store and that The BMW Store has no control over the content of such Websites. Consequently, The BMW Store cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such Websites.

The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.


FEES

The BMW Store provides the Website and related services at no cost. For mobile use, standard data, text message or other charges from your mobile carrier may apply. You are solely responsible for any costs incurred during your access and use of the Website and its services. Check with your mobile carrier for details on what charges may apply to you.


DISCLAIMER / LIMITATION OF LIABILITY

While The BMW Store makes all reasonable efforts to provide accurate information on this Website, there is no guarantee or warranty of accuracy. Furthermore, we do not assume any liability for the accuracy or completeness of information presented on this Website.


ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE BMW STORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE BMW STORE DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


IN NO EVENT SHALL THE BMW STORE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITES OR ANY CONTENT OR SERVICES, EVEN IF THE BMW STORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR CERTAIN LIMITATIONS ON IMPLIED WARRANTIES. ACCORDINGLY, THE EXCLUSIONS AND/OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.


INDEMNITY

You agree to indemnify and hold harmless The BMW Store, OpenRoad Auto Group, BMW Canada Inc., its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your (or anyone acting under your password or user name) use of this Website, connection thereto, or any alleged violation by you of these Terms of Use, including, without limitation, the Code of Conduct.


PRIVACY

The BMW Store respects your right to privacy of your personal information. Please review our Website Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage any of your personal information.


CHANGES AND TERMINATION

The BMW Store reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, The BMW Store reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from The BMW Store to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Website or (3) any content available through the Website, is to stop visiting and using the Website.


APPLICABLE LAWS

These Terms of Use are governed by and construed in accordance with the laws of the Province of British Columbia and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Vancouver, Province of British Columbia. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and The BMW Store with respect to the use of the Website, including the Content.

USE OF SOCIAL PLUGINS

One of the features of the Site is that a user has the ability to engage with social plugins (“plugins”) from the social network facebook.com and Instagram.com, which are operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook").

When you access the Facebook and Instagram social plugin through our Site, your browser establishes a direct connection with the Facebook and Instagram servers. The content of the plugin (e.g. a “Like” button) is transferred by Facebook and Instagram directly to your browser, which then integrates it into our Site. The data that your browser sends to Facebook and Instagram includes your user ID, the website you're visiting, the date and time, and other browser-related information. If you are logged out of Facebook and Instagram, Facebook and Instagram does not receive your user ID.

You can find more information about Facebook’s privacy practices at http://www.facebook.com/policy.php. You can find more information about Instagram’s privacy practices at http://instagram.com/legal/privacy/


NOTICE

Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself.

If you have any questions or comments regarding these Terms of Use please contact us.

Last Update: 2018-10-25