BMW ONE APP.

BMW ONE MOBILE APP TERMS AND CONDITIONS - BMW AUSTRALIA

Terms and Conditions for using this BMW One Mobile App
BMW Australia Ltd (ACN 004 675 129) and BMW Australia Finance Limited (ACN 007 101 715) (collectively, ‘BMW’) appreciate your interest in their products and services and your installation of this mobile app (‘App’). These terms and conditions apply to the use of this App, including the purchase of goods or services over this App. In using this App for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you should not install this App or if you have already installed this App, immediately uninstall it. BMW reserves the right to amend these terms and conditions at any time and such amendment will apply upon publication on this App. Every time you use this App, you should check to ensure that you accept or continue to accept these terms and conditions. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this App or the purchase of goods or services from BMW or its authorised dealers.

User Licence
This App should only be used by individuals aged 18 years or older. Users under the age of 18 should only use this App with their parent’s or guardian’s consent.
Subject to these terms and conditions, BMW grants you a personal, non-exclusive, non-transferable, limited and revocable licence to use this App for personal and/or non-commercial use only a mobile phone or tablet (‘device’) owned or controlled by you (‘User Licence’). Any use of this App in any other manner, including, without limitation, resale, transfer, modification or distribution of this App or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with this App is prohibited. These terms and conditions and the User Licence also governs any updates to, or supplements or replacements for, this App unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

User Information
Some functionality of this App, including payments and location-based services and functionality, may require the transmission of information provided by you including user names, passwords, addresses, e-mail addresses, financial information (such as credit or debit card numbers) and information related to GPS location (‘User Information’). If you use such App functionality, you consent to the transmission of User Information to BMW, its agents and/or service providers and authorise BMW, its agents and/or service providers to record, process and store such User Information as necessary for this App’s functionality and for purposes described in, and in accordance with, the BMW Privacy Policy referred to below.

You are solely responsible for maintaining the confidentiality and security of any User Information transmitted from or stored on a device in connection with this App. You agree to immediately notify BMW of any unauthorised transactions associated with this App or any other breach of security. BMW shall not be responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a device or from unauthorised or fraudulent transactions associated with this App.

Card payments made within the App are handled securely using Adyen. BMW does not collect any banking, debit or credit card information. Please refer to the Adyen website for further information https://www.adyen.com/ 

Acceptable Use
Your use of this App (including any content) and User Information transmitted in connection with this App is limited to the contemplated functionality. You agree that your use of this App and any content must comply with these terms and conditions. In no event may this App be used in a manner that: (a) harasses, abuses, stalks, threatens, defames or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access this App or any BMW website that is not authorised by BMW; (d) uses or launches any automated system, including without limitation, robots, spiders, or offline readers to access this App or any BMW Website; (e) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to gain unauthorised access to a BMW computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (h) violates these terms and conditions; (i) attempts to damage, disable, overburden, or impair BMW servers or networks; or (j) fails to comply with applicable third party terms (collectively ‘Acceptable Use’). BMW reserves the right, in its sole discretion, to terminate any User Licence, remove content or assert legal action with respect to content or use of this App that BMW reasonably believes is or might be in violation of these terms of Acceptable Use or BMW policies, but BMW failure or delay in taking such actions does not constitute a waiver of its rights to enforce these terms and conditions.

Indemnification
You agree to defend, indemnify, and hold harmless BMW and its parent and other affiliated companies, and their respective employees, contractors, officers and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) that arise from the your use or misuse of this App, violation of these terms and conditions or violation of any rights of a third party. BMW reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defences. In the event of any third party claim that this App or you possession and use of this App infringes that third party’s intellectual property right, BMW will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Copyright
Copyright BMW and BMW AG, Munich, Germany (collectively, ‘BMW Group’). All rights reserved. The text, images, graphics, sound files, animation files, video files and their arrangement on this App are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use, transmission or distribution and may not be modified or posted to other mobile apps or websites. This App may contain content that is subject to the intellectual property rights of third parties.

Trademarks
Unless otherwise indicated, all trademarks on this App are subject to the trademark rights of BMW Group, including marks, model names, logos and emblems.

No Licences
BMW has sought to achieve an innovative and informative mobile app. However, you also need to understand that BMW Group must protect its intellectual property, including its patents, trademarks and copyrights. Accordingly, please appreciate that no licence to use the intellectual property of BMW Group or the intellectual property of third parties has been granted by this App.

Product Information
While BMW has endeavoured to ensure that all information, representations, illustrations, specifications, terms and conditions and prices, fees or charges contained on this App are accurate at the time of publication, the information on this App is general in nature only and may show overseas product features, specifications or models. Product features, specifications, models and prices, and service terms and conditions, fees and charges, are subject to change without notice. The general information on this App should always be read in conjunction with other specific materials and information available from BMW and its authorised dealers. BMW 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.

Unless otherwise specified, prices shown are the manufacturer's recommended prices. Actual prices may vary according to individual circumstances and may vary between authorised dealers and states/territories.

Nothing on this App should be taken as constituting a quote or offer of finance or insurance, or the provision of financial or taxation advice. All applications for finance or insurance are subject to BMW Australia Finance Limited's normal approval criteria. Full details of BMW Australia Finance Limited's available interest rates, fees and charges and terms and conditions are available from the Business Manager at your authorised dealer.

No Warranties
BMW IS PROVIDING THIS APP TO YOU "AS IS" AND YOU ARE USING THIS APP AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, BMW DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS THAT THIS APP IS MERCHANTABLE, OF SATISFACTORY QUALITY, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ERRORS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THIS APP BY YOU IS IN COMPLIANCE WITH LAWS APPLICABLE TO YOU OR THAT YOUR INFORMATION TRANSMITTED IN CONNECTION WITH THIS APP WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.

No Liability
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL BMW AND ITS PARENT AND OTHER AFFILIATED COMPANIES: (A) BE LIABLE TO YOU WITH RESPECT TO USE OF THIS APP; AND (B) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THIS APP OR DEVICE FAILURE OR MALFUNCTION. YOUR SOLE REMEDY IS TO CEASE USE OF THIS APP. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT (BUT SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW) SHALL THE AGGREGATE LIABILITY OF BMW AND ITS PARENT OR OTHER AFFILIATED COMPANIES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THIS APP EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BMW FOR ACCESS TO OR USE OF THIS APP DURING THE SIX MONTHS PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.

To the extent permitted by law, BMW excludes all express and implied warranties or guarantees and all liability, whether direct, indirect, special or consequential, arising from negligence or otherwise relating to the use of this App, any inaccuracies and for any non-compliance by any goods or services with any representation, illustration, specification, product feature, colour or other information contained on this App.

Nothing in these Terms and Conditions should be taken to exclude, restrict or modify the application of any condition, warranty, guarantee, right or remedy conferred or implied under the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law or any other law, where to do so would contravene that law, or cause any part of these Terms and Conditions to be void. In particular, where our goods or services are acquired by a consumer within the meaning of the Australian Consumer Law, they come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of goods, re-supplying or paying for the re-supply of services and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

BMW is not responsible for the contents of this App that are maintained by third parties and therefore waives its liability for any links from this App to other websites or mobile apps.

Please note that the colours displayed for vehicles within this App may alter from one device to another. Please consult your authorised dealer when inquiring about vehicle colours and availability.

BMW Group Privacy and Credit Information Policy
Privacy Policy: https://www.bmw.com/en-au/footer/footer-section/privacy.html 

Cookies
Cookies are small files which are temporarily installed on your device. BMW may use cookies to keep track of their users' preferences and thereby design this App to best meet users' requirements.  The use of cookies is common on many websites. Most internet browsers are pre-set to accept cookies.