120 Kenmount Rd, St. John's, NL A1B 3R2 | (709) 754-3269
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TERMS OF USE

OVERVIEW

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 BMW St. John’s (The Ultimate Driving Company Inc.), Capital 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 BMW St. John’s. 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 BMW St. John’s, 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 BMW St. John’s. 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 BMW St. John’s.

Furthermore, all marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of BMW Canada Inc. and BMW St. John’s, or are used under licence by BMW St. John’s. No license to any BMW St. John’s 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 reception@bmwstjohns.ca.

 

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 BMW St. John’s 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 BMW St. John’s 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 BMW St. John’s reserves the right to revise pricing and/or specifications at any time, without notice. Please see BMW St. John’s for more information on products and final pricing.

Illustrations are representative only. BMW St. John’s 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 St. John’s vehicles. The purchase of any BMW St. John’s 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 BMW St. John’s and Capital Auto Group affiliates or third parties that are not affiliated with us. Please understand that such linked Websites are independent from BMW St. John’s and that BMW St. John’s has no control over the content of such Websites. Consequently, BMW St. John’s 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

BMW St. John’s 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 BMW St. John’s 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. BMW ST. JOHN’S 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. BMW ST. JOHN’S 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 BMW ST. JOHN’S 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 BMW ST. JOHN’S 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 BMW St. John’s, Capital 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

BMW St. John’s 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

BMW St. John’s 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, BMW St. John’s 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 BMW St. John’s 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 Newfoundland and Labrador 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 St, John’s, Newfoundland and Labrador. 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 BMW St. John’s 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/

Privacy Policy

Your privacy is of utmost importance to BMW St. John’s (The Ultimate Driving Company Inc.). Any personal information that you provide to us through, or on, our websites will be governed by this privacy policy (the “Policy”). Therefore, it is important that you read and understand this Policy prior to providing any personal information about yourself. Our privacy policy is a formal statement of principles concerning the minimum requirements for the protection of personal information provided by our individual customers and employees. We are committed to meeting or exceeding the privacy standards established by federal and provincial legislation. Our information handling practices comply with the Personal Information Protection and Electronic Documents Act (Canada) (“PIPEDA”).

BMW St. John’s has established policies and procedures to comply with this Policy, and has designated one or more persons accountable for compliance to it. The Privacy contact designated by BMW St. John’s can be contacted by email at reception@bmwstjohns.ca; by telephone at 1-709-754-3269.

 

PERSONAL INFORMATION DEFINED

Personal information is information that distinctively refers to you, such as your name, address, birth date, gender, marital status, financial information etc. Keep in mind that if you identify yourself as an employee of an organization, your name, title, business address or business telephone number would not be considered personal information.

We collect, use and disclose personal information supplied by you for yourself and for our respective related companies and business partners (lists available on request) in order (a) to provide you with products (vehicles, parts, accessories, etc.), (b) to perform services (including Warranty, owner notifications, service reminders, etc.), (c) to improve our products and services, (d) to initiate, maintain and develop our relationship with you (including product and service information, offers, etc.), (e) to administer billing, accounting and security measures in relation to your business with us and (f) to comply with legal and regulatory requirements.

 

CUSTOMER OPTION TO “OPT-OUT”

You may decide that you would prefer that we do not use or disclose your personal information for BMW related marketing purposes or as otherwise noted in this Privacy Policy (excepting legal and/or contractual obligations), in particular, for some or all of the following:

  • BMW St. John’s Special Events and Promotions that may include electronic or paper format notification of comparison drive events, information for community events, new car launches, brochures, etc.
  • BMW St. John’s Promotions that may include retailer event information, service clinics, etc.
  • Satisfaction Surveys such as product and/or service surveys, etc.
  • Marketing Surveys such as customer research surveys etc.

You can visit this page to opt out.

 

COLLECTION OF PERSONAL INFORMATION

Within our website, you may be asked to provide personal information about yourself. BMW St. John’s will collect personal information only when you voluntarily provide it. Be assured that the personal information you provide remains strictly confidential and will be used or disclosed only for the purposes for which it was collected and will not be used or disclosed for any other reason unless you have given us consent to do so.

We collect personal information for registration on our mailing list, for eligibility to participate in a contest, survey or promotion, or simply for informing you of upcoming events or special offers. In other areas of our website, personal information is requested in order to apply for credit in respect to a lease or finance or to obtain information related to pre-owned products. The personal information you provide will only be collected and used for the purposes that have been identified. In certain parts of this website where we require that you provide us with personal information such as credit card information, we will protect the security of your personal information during transmission by using industry standard encryption technology.

We do, however, discourage you from sending any sensitive personal information (that is, credit card information) via regular email and limit such disclosure to the secure area within the website where it may be specifically requested.

BMW St. John’s will not knowingly encourage children under the age of 13 to register at its website.

 

SHARING OF INFORMATION

The information that you provide to us will only be used by BMW St. John’s and our respective related and/or affiliated companies and business partners (such as BMW Group Canada). It will assist us in providing products and services to you that will benefit you as a valued customer. Exceptions may include disclosing information to third parties assisting us in servicing and processing your credit account, to verify creditworthiness or to assist you in answering an inquiry. We may also disclose information to third party companies that perform marketing services on our behalf. In any event, we are responsible for the protection of your personal information in our possession. Any information we may transfer to a third party as noted above remains our responsibility and, as such, we contractually require any third-party organization to protect the personal information disclosed to them in a manner consistent with our own internal privacy practices, or as required by law. Under limited circumstances, we may also be required to disclose personal information to comply with the law.

 

COLLECTION OF NON-IDENTIFIABLE INFORMATION

In order to allow you easy and convenient access to our websites, certain non-identifiable information is collected, as described below. We may share this information with our website providers to allow us to continually improve our websites.

Site Traffic Monitoring

During each and every visit to one of our websites, we will collect non-identifiable information by tracking Internet Protocol (IP) addresses on an aggregate basis. IP addresses do not track personal information about you. They simply allow us to monitor how our sites are being used and what information is being accessed. BMW St. John’s will use this information to ensure its websites remain useful and convenient, in order to meet and satisfy your needs.

 

ACCESS TO YOUR PERSONAL INFORMATION

At your request, we will let you know what personal information we have in our possession about you, what it is being used for, and to whom it has been disclosed. We will also provide you with access to your personal information that is in our possession, however, some exceptions may apply. We will respond to your inquiry within thirty (30) days. There may be reasonable costs associated with your request.

 

RETENTION OF PERSONAL INFORMATION

BMW St. John’s will retain your personal information for as long as necessary to fulfill the purpose for which it was collected and to comply with applicable laws.

 

SECURITY

At BMW St. John’s we are committed to protecting the personal information in our possession. A number of security measures are used to maintain the safety of your personal information. We have implemented security measures which include the use of: physical secure data centres and premises; internal security policies and procedures; defined internal segregation of duties; and electronic access controls such as passwords and encryption technology.

 

THIRD-PARTY LINKS

Even though our websites may include links to other websites, outside of BMW St. John’s we are not responsible for the content, links or privacy practices of those sites. We provide access to these linked sites for your convenience only and you access them at your own risk. However, we will welcome any comments you may have regarding these linked websites.

 

GETTING ANSWERS TO YOUR CONCERNS

BMW St. John’s has developed policies and procedures to respond to individual complaints and questions relating to privacy. We will investigate and attempt to resolve all complaints. We will respond to your inquiry within 30 days. Should you have any questions or concerns about our privacy policy please contact our Privacy contact as noted above.

By visiting our websites you are agreeing to our privacy policy as outlined above. BMW St. John’s reserves the right to change this Policy from time to time and will provide notice of any significant changes on this website.