BMW Toronto Website Terms and Conditions
Last Updated: December 18, 2019
- Your Acceptance of these Terms
In this Agreement, a reference to the Website includes all of the Website’s content (including all text, graphics, images, video, and other elements available on or through the Website) and the design, structure, selection, arrangement and look and feel of each element of Website content and the Website as a whole.
- Other Agreements
Certain features or functionalities of the Website are restricted to individuals who hold a valid and subsisting BMW Toronto account, which is governed by the BMW Toronto General Terms of Service.
- Permitted Users
- Personal Information Privacy
- No Advice
The Website is for informational and educational purposes only. The Website is not intended to be a comprehensive or detailed statements concerning the matters addressed, and is not professional advice or recommendations (including financial, legal or other professional advice). It is your responsibility to obtain appropriate advice suitable to your particular circumstances from a qualified professional before acting or omitting to act based on any information obtained on or through the Website.
- User Rights and Obligations Regarding Account Creation and Online Service Booking
To access certain portions of the Website, 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 BMW Toronto of any unauthorized use of your password or user name or any other breach of security.
- User Rights and Obligations Regarding Online Quotations and Online Purchases
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 BMW Toronto reserves the right to revise pricing and/or specifications at any time, without notice. Please contact BMW Toronto for more information on products and final pricing.
Illustrations are representative only. BMW Toronto 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 BMW Toronto vehicles. The purchase of any BMW Toronto 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 BMW Group affiliates or third parties that are not affiliated with us. Please understand that such linked Websites are independent from BMW Toronto and BMW Toronto has no control over the content of such Websites. Consequently, BMW Toronto 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.
- User Rights and Obligations Regarding Online Credit Applications
- Permitted and Prohibited Use of the Website
- Ownership of Website
Copyright © 2020. BMW Toronto. All Rights Reserved. The Website and the technologies and data used to operate the Website and all related proprietary rights (including copyright) are owned solely by BMW Toronto and its licensors and are protected by Canadian and international intellectual property laws. You will not acquire any right, title or interest in, to or associated with the Website or any related technologies and data.
- Linked Sites
For your convenience, the Website may provide links or references to Internet sites or resources operated by independent persons (collectively “Linked Sites”). Linked Sites are independent from BMW Toronto, and BMW Toronto does not endorse, and have responsibility or liability for or control over, any Linked Site, any products, services or content available through a Linked Site or the collection of your personal information through a Linked Site or by the owner or operator of a Linked Site. Your use of a Linked Site and your dealings with the owner or operator of a Linked Site are at your own risk, and you will not make any claim against BMW Toronto arising from, connected with, or relating to your use of a Linked Site, your dealings with the owner or operator of a Linked Site or any product, service or content available through a Linked Site.
General Disclaimers: To the fullest extent permitted by applicable law, the website is made available and provided to you on an “As-Is”, “As Available” and “With All Faults” basis and without any representations, warranties, conditions or guarantees of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, including any representations, warranties, conditions or guarantees of or relating to accuracy, capacity, completeness, delays, durability, errors, fitness for a particular purpose, lack of negligence, viruses or other harmful component, interrupted service, merchantability, non-infringement, performance, results, quality, timeliness, title or workmanlike effort, all of which are hereby waived by you and disclaimed by BMW Toronto to the fullest extent permitted by applicable law; and no representations, warranties, conditions or guarantees will be created by any advice or information, whether oral or written, provided by or on behalf of BMW Toronto. If you are dissatisfied with the website, your sole remedy is to discontinue the use of the website.
Linked Sites: Without limited the generality of any other disclaimer, you are solely responsible for the selection of linked sites to achieve your intended results, and your access, deal with, purchase and use linked sites at your own risk. BMW Toronto does not make or give any representation, warranty, condition or guarantee of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, regarding any linked site. BMW Toronto does not control, and is not responsible or liable for any linked site.
Reservation: The laws in some jurisdiction prohibit or limit the disclaimer of certain warranties and conditions or the exclusion or limitation of certain liabilities, and so the disclaimers and liability exclusions and limitations in these terms and conditions might not apply to you.
- Liability Exclusions
To the fullest extent permitted by applicable law, in no event and under no circumstances will BMW Toronto be liable to you or any other person for any loss, damage or liability (including direct, indirect, special, incidental, consequential and punitive damages) arising from, connected with or relating to your use of, or inability to use, the website or any related matter, under any theory (including contract, tort, strict liability, statutory liability or any other theory of law), regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by or on behalf of BMW Toronto, even if other remedies are not available or do not adequately compensate you or any other person for the loss, damage and liability and even if BMW Toronto knew or should have known the possibility of the potential loss, damage or liability being incurred.
The Website may contain technologies that restrict or limit the use of the Website (including restrictions based on time or location). BMW Toronto in its discretion may change, suspend or terminate the Website, or limit, suspend or terminate your use of the Website, effective immediately at any time and without any prior notice or liability to you or any other person. The Website may be interrupted or unavailable from time to time, including for maintenance or due to causes beyond the control of BMW Toronto, all without notice or liability to you or any other person.
- Governing Law
- General Matters
(c) words importing the singular number only include the plural, and vice versa; (d) “person” includes an individual, corporation and any other legal entity; (e) “including” or “includes” means including or includes (as applicable) without limitation or restriction; (f) “law” includes common law, equity, statutes and regulations; and (g) “discretion” mean a person’s sole, absolute and unfettered discretion.
If you do not accept and agree to these terms and conditions, then you may not use this website.