WELCOME
Please carefully read these terms of use before using the Birchwood BMW website. These terms of use are a binding agreement that governs use of the Birchwood BMW website, exempts Birchwood BMW and other persons from liability, specifies the jurisdiction for the resolution of disputes and contains other important provisions.
By using the Birchwood BMW website, you acknowledge and signify that you have read, understand and agree to these terms of use. If you do not agree to these terms of use, then you may not use the Birchwood BMW website.
Your Acceptance of these Terms
These Terms of Use are a binding agreement between you and Birchwood BMW regarding your access to and use of the Birchwood BMW website (the “Website”). Each time you use the Website, you signify your unconditional acceptance and agreement, without limitation or qualification, to the most current version of these Terms of Use. If you do not unconditionally accept and agree to these Terms of Use, then you may not use the Website.
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
These Terms of Use related to the Website only. Products and services advertised on or available through the Website are governed by other applicable agreements prescribed by Birchwood BMW or its corporate affiliates, including the Birchwood BMW General Terms of Service.
Certain features or functionalities of the Website are restricted to individuals who hold a valid and subsisting Birchwood BMW account, which is governed by the Birchwood BMW General Terms of Service.
Changes to these Terms of Use
Birchwood BMW in its discretion may change these Terms of Use at any time and from time to time, without any prior notice, by posting the changed Terms of Use on the Website at https://www.birchwoodbmw.ca. The changed Terms of Use are effective immediately on posting on the Website, unless the changed Terms of Use expressly state otherwise. It is your responsibility to check the “Last Updated” date at the top of these Terms of Use and review any changes since the previous version. By using the Website after these Terms of Use have been changed by Birchwood BMW, you signify your unconditional acceptance and agreement to be bound by the changed Terms of Use. You may not change these Terms of Use in any manner.
Permitted Users
The Website may be used only by individuals (natural persons) who are located in Canada, are the age of majority (which in most jurisdictions is either 18 or 19 years) in the jurisdiction in which they live and are capable of forming a binding contract under applicable law. The Website may not be used by individuals who are located outside Canada. You may not use the Website if you do not accept and agree to these Terms of Use, if you have breached these Terms of Use or if your permission to use the Website has been suspended or terminated by Birchwood BMW.
Personal Information Privacy
By using the Website, you consent to the collection, use, disclosure and retention of your personal information by or on behalf of Birchwood BMW as explained in the Birchwood BMW Privacy Policy, as revised from time to time, and as otherwise permitted by applicable law.
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 Birchwood BMW 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 Birchwood BMW reserves the right to revise pricing and/or specifications at any time, without notice. Please contact Birchwood BMW for more information on products and final pricing.
Illustrations are representative only. Birchwood 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. 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 Birchwood BMW vehicles. The purchase of any Birchwood BMW 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 Birchwood BMW and Birchwood BMW has no control over the content of such Websites. Consequently, Birchwood BMW 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
When you apply or register for, order or use certain products or services from Birchwood BMW, Birchwood BMW may obtain your credit score and related information from a credit reporting agency to process or fulfill the transaction. Birchwood BMW may continue to periodically obtain your credit score and related information from a credit reporting agency to update your confidential profile for use by Birchwood BMW as set out in this Privacy Policy. Upon your request we will inform you if we have ordered such a report or reports, and will give you the name and address of the credit reporting agency that furnished the report or reports.
You also acknowledge and agree that any dealers or other persons or organizations to which we have disclosed your personal information in accordance with this Privacy Policy, may request a credit report for any legitimate purpose associated with your application [for credit, extending credit, modifying the terms of your credit agreement, or collection on your account.]
Permitted and Prohibited Use of the Website
Subject to these Terms of Use and all applicable laws, you may use the Website for your lawful, personal use for non- commercial purposes only, only in the manner purposefully made available by the Website and subject to these Terms of Use and all applicable laws. Use of the Website for any other purpose or in any other manner is strictly prohibited. You will not: (a) use the Website in any manner or for any purpose except as expressly permitted by these Terms of Use; (b) use the Website for a commercial or business purpose (whether or not for profit) or on behalf of, or for the benefit of, any other person; (c) attempt to circumvent the ordinary navigational structure, technical delivery systems or display of the Website or attempt to access or use the Website by any means that is not purposely made available for that purpose by Birchwood BMW; (d) use the Website in a way that interferes with or disrupts the security, integrity, functionality, operation or performance of the Website or any related computer system, network or data; (e) license, sublicense, grant, sell, resell, lend, rent, lease, loan, share, transfer, assign, pledge, copy, reproduce, distribute, imitate, publish, republish, translate, repost, publicly display, publicly perform, transmit, distribute, create any interest in, commercially exploit, or otherwise give or make available or permit access or use of the Website to or for the benefit of any other person, whether as a service bureau or otherwise, and with or without charge; (f) index, crawl, catalogue, mirror, frame, scrape, cache, or otherwise collect or mine data from the Website for any purpose whatsoever, using any technologies, tools or methods (including robots, spiders, crawlers, or other automatic devices, programs or methodologies) whatsoever; (g) alter, violate, circumvent, conceal, modify or remove any notices (including proprietary rights notices), proprietary codes or locks, means of identification, digital rights tools or management information, technological protection measures, security or control measures, or agreements on, in or in relation to the Website; or (h) authorize, permit, assist, encourage or enable any other person to do any of the foregoing or to use the Website in a way that would constitute an infringement of the rights of Birchwood BMW or a breach of these Terms of Use if it were done by you. The foregoing restrictions do not apply if and to the extent, but only to the extent, that the restrictions are prohibited by applicable law.
Ownership of Website
Copyright © 2021. Birchwood BMW. 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 Birchwood BMW 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 Birchwood BMW, and Birchwood BMW 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 Birchwood BMW 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.
Disclaimers
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 Birchwood BMW 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 Birchwood BMW. 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. Birchwood BMW 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. Birchwood BMW 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.
Definitions: In these terms of use. “Birchwood BMW” means Birchwood BMW and its Licensors, Suppliers and Service Providers, and each of their respective Directors, Officers, Employees, Contractors, Agents, Shareholders, Distributors, and Representatives, jointly and severally.
Liability Exclusions
To the fullest extent permitted by applicable law, in no event and under no circumstances will Birchwood BMW 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 Birchwood BMW, 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 Birchwood BMW knew or should have known the possibility of the potential loss, damage or liability being incurred.
Restrictions/Changes/Termination
The Website may contain technologies that restrict or limit the use of the Website (including restrictions based on time or location). Birchwood BMW 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 Birchwood BMW, all without notice or liability to you or any other person.
If your permission to use the Website is terminated for any reason, then these Terms of Use will continue to apply and be binding regarding your access to and use of the Website before termination and all related matters (including any related dispute).
Governing Law
Birchwood BMW has its head offices in Winnipeg, Manitoba. These Terms of Use and the Website and all related matters are governed by, and will be construed and interpreted solely in accordance with, the laws of the Province of Manitoba, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction.
General Matters
Miscellaneous: These Terms of Use are binding on you and your heirs, executors, administrators, successors and personal representatives. These Terms of Use are for the benefit of Birchwood BMW. No consent or waiver by Birchwood BMW to or of any breach of these Terms of Use by you will be effective unless in writing and signed by Birchwood BMW or will be considered to be a consent to or waiver of a continuing breach or any other breach by you. The rights and remedies of Birchwood BMW under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which Birchwood BMW may be lawfully entitled under these Terms of Use or at law, and Birchwood BMW may pursue any and all rights and remedies concurrently, consecutively and alternatively. You will not assign or transfer these Terms of Use or any of your rights and obligations under these Terms of Use without the express prior written consent of Birchwood BMW, which consent may be withheld in Birchwood BMW’s discretion. Birchwood BMW may, without your consent, assign its rights and obligations under these Terms of Use. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be unenforceable or invalid for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect unless as a result of the severance these Terms of Use would fail in their essential purpose.
Interpretation: In these Terms of Use: (a) a reference to “Terms of Use” refers to these General Terms of Use as a whole, and not just to the particular provision in which those words appear; (b) headings are for reference only;
(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.
Complete Agreement: These Terms of Use set out the entire agreement between you and Birchwood BMW regarding your use of the Website. These Terms of Use may not be modified except as set out in section 3. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and Birchwood BMW regarding the Website. For greater certainty, products and services advertised on or available through the Website are governed by other applicable agreements.
If you do not accept and agree to these terms and conditions, then you may not use this website.
