This is a legal subscription agreement between the subscriber (“you” and “your”) and BMW Canada Inc. (“BMW”), governing the provision of BMW ConnectedDrive Services, BMW Assist Services and other services BMW may provide (“BMW Services”) to your BMW vehicle (“Vehicle”) (hereafter referred to as the “Agreement”).

 

YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF (i) YOURSELF, (ii) ANY PERSON OR ENTITY WHO HAS PURCHASED OR LEASED YOUR VEHICLE FROM YOU, AND (iii) ANY DRIVER OR OCCUPANT (E.G. ADDITIONAL DRIVERS AND/OR PASSENGERS) OF THIS VEHICLE. YOU REPRESENT AND WARRANT YOUR AUTHORITY TO DO SO. YOU AGREE THAT YOU WILL MAKE ALL OF THE OCCUPANTS OF YOUR VEHICLE, WHETHER PASSENGERS, GUESTS OR DRIVERS OF YOUR VEHICLE, AWARE OF OUR RIGHTS AND SUBJECT TO THE LIMITATIONS OF THIS AGREEMENT.

 

The terms “you” and “your” used in this Agreement shall be deemed to refer to, and this Agreement shall be binding upon, any individual or entity that has purchased or leased the Vehicle or uses Vehicle as a driver or occupant.

 

As part of your agreement, you will receive electronic communications from or on behalf of BMW and its service providers. You may unsubscribe from promotional communications by contacting BMW at 50 Ultimate Drive, Richmond Hill, ON L4S 0C8, or by telephone at 1-800-567-2691 or email us at customer.service@bmw.ca. Please note that you will still receive electronic communications relating to the BMW Services and your BMW Services Account.

 

By activating and using the BMW Services, you accept and agree to be bound by the terms and conditions of this Agreement.

 

TERMS AND CONDITIONS 

1. BMW Services. BMW, through its third party provider (the “Telematics Service Provider” or “TSP”), will provide you with mobile monitoring and support services, including but not limited to the services selected on the first page (“BMW Services” or “Services”) included in the service plan you have selected at the current published rates. A description of the BMW Services appears in your Vehicle’s ownership manual, the Services brochure, or at www.bmw.ca. BMW and the TSP reserve the right, without prior notice, to add, change or delete services included in the BMW Services provided to you.

 

2. Vehicle Access and Location. BMW may use the Services to access or locate the Vehicle, if: i) the Vehicle has been reported stolen to BMW; ii) required by operation of law or court order; or iii) BMW reasonably believes that you are in breach of this Agreement, or are in breach of the Vehicle lease /finance agreement with BMW Financial Services Canada, a division of BMW Canada Inc. or any other agreement with BMW or in which BMW is a beneficiary there of relating to the Vehicle.

 

3. Wireless Services. BMW Services uses commercial mobile wireless services purchased from one or more third party providers (the “Underlying Wireless Carrier”). This Agreement does not give you any rights against the Underlying Wireless Carrier selected for the BMW Services. The Underlying Wireless Carrier is, however, an intended third party beneficiary of the protections of this Agreement.

 

4. Service Limitations. The BMW Services are provided by BMW through its TSP, using a device and other hardware installed in your vehicle (“Telematics Control Unit”) which receives global positioning satellite (GPS) signals and communicates with the response center via wireless and land-line communications networks. The availability and use of BMW Services are subject to a series of limitations inherent in the use of GPS, wireless and land-line communication, including, but not limited to, the following: (a) Services are available for the period of time outlined above in the Subscribed Service Package (“Service Package”) section on page 1 of this Agreement. The initial term of the Service Package is provided at no charge to you (“BMW Paid Period”). Services can be renewed after this period subject to availability. It is the owners responsibility to renew the subscription to ensure Services are renewed annually; (b) Services are available only if your BMW Services have been initialized at an authorized BMW retailer, vehicle ignition is on (except for stolen vehicle recovery and remote door unlock), and your vehicle battery is charged and connected; (c) Services are available only within Canada, the 50 United States and Puerto Rico, and only if you are within operating range of the designated wireless network; (d) Services are available only when the Telematics Control Unit is in range of a transmission site of the Underlying Wireless Carrier, or a transmission site of another company that has agreed to carry its calls, and there is sufficient network capacity at that moment; (e) Services will not be available if the wireless network requires the use of PIN Codes; (f) Services may be impaired by land-line and wireless communication problems caused by atmospheric or topographical conditions, busy cells, capacity limitations, equipment problems, equipment maintenance, and other factors and conditions; (g) Services may be affected by inherent limitations of your vehicle’s electrical system and architecture, or if any of the components of your vehicle’s Telematics Control Unit have been damaged or are defective; (h) Services are not available if the GPS system is not working or the signals are obstructed (map CD or DVD may be required); (i) certain programming limitations of the GPS system may impair the TSP’s ability to determine your vehicle’s precise location; and (j) Services may be limited to geographic areas where map data and emergency (911) contact information is available in the TSP’s databases, which may be less than that which is otherwise generally available. Your BMW Services system uses either analog or digital cellular telephone signals. If the wireless carrier or BMW terminates or restricts analog or digital service, the BMW Services will not be available.

 

5. Terminating BMW Services. You may terminate your account for BMW Services, upon written notice to BMW. If you sell your vehicle during the BMW Paid Period, you will not be entitled to any refund. If you have prepaid for BMW Services and sell your vehicle or decide to cancel your Service, you may apply for a pro-rated refund. The pro-rated refund, shall be calculated as of the date you apply.

 

6. Your Duties. You agree: (a) to be fully responsible for the protection of your password; (b) to only use the emergency, roadside, stolen vehicle recovery and remote door unlock BMW Services for actual emergencies, roadside assistance needs and vehicle theft or lock out situations; (c) to follow all instructions for use of the Telematics Control Unit and the BMW Services; (d) to furnish all necessary contact or other information reasonably requested by the TSP and to notify BMW promptly by contacting BMW or updating your profile on http://www.bmw-connecteddrive.ca of any change in such information or any change in the ownership of your vehicle; (e) to properly maintain your vehicle and the Telematics Control Unit; (f) not to use the BMW Services in violation of any laws or for any unlawful or abusive purpose; (g) not to use the BMW Services in any manner that could harm the TSP, BMW, or the Underlying Wireless Carrier, or any other person; and (h) to only use the map, routing and traffic information and other content included in the BMW Services for your own personal use and not to resell, retransmit or modify the information and content for any purpose or reason whatsoever.

 

7. SERVICE DURATION. THE INITIAL TERM OF THIS AGREEMENT IS SPECIFIED ON THE FRONT OF THIS AGREEMENT. BMW may, at its sole discretion, extend, amend or cancel certain services. You may cancel Services either by sending a written cancellation notice to BMW or by providing written notice to your authorized BMW retailer.

 

8. Subscription Fee. The subscription fee for the Service plan you have selected is payable in advance of the initial term. The subscription fee is refundable as described in section 5 of this Agreement. By providing your credit card number, you authorize either BMW or your BMW retailer, on behalf of BMW, to charge your account for all fees, taxes and all other amounts due and payable under this Agreement.

 

9. Taxes and Other Charges. You are responsible for, and agree to pay, all taxes, fees and charges imposed on you in connection with the purchase and installation of the Telematics Control Unit and the provision and use of the BMW Services.

 

10. Modification to Agreement. BMW may modify these Terms and Conditions by giving you notice or by asking you to read and accept a new version of the Terms and Conditions. We may also give you notice by posting a new version of the Agreement www.bmw.ca/connecteddrivesubscriberagreement. If you do not agree with any modification, then you may not use the BMW Services. Your continued access or use of the BMW Services after our notice indicates your acceptance to the modified Terms and Conditions.

 

11. Termination or Modification for Excessive Use. If it is determined that your usage of the BMW Services is so excessive that it interferes or could interfere with the ability to provide timely, high-quality Services to its other subscribers, or if it is determined that your usage constitutes a nuisance or is otherwise not consistent with the terms of this Agreement, then BMW may in its discretion suspend, modify or terminate the BMW Services provided to you, without any advance notice. For purposes of this section, excessive use is defined as more than 100 uses in a given month. These rights are in addition to those in “Default and Termination” below.

 

12. Responsibility in Emergency Situations. When the TSP receives an emergency signal from your vehicle, the TSP will attempt to determine if an emergency exists. If the TSP determines that an emergency exists, the TSP will attempt to contact a public safety provider or answering point to request assistance. You acknowledge that you will not rely on the BMW Services alone in an emergency situation but will take all other reasonable steps to address the emergency situation. The TSP cannot call you on your Telematics Control Unit (vehicles with an embedded Telematics device). Neither the TSP nor BMW guarantee that the TSP will receive an emergency signal or call from your vehicle. You agree that the TSP, the Underlying Wireless Carrier, BMW, and their parent companies, related or affiliated companies or any assigns or successors, and their respective officers, directors, employees, agents, or representatives in no way guarantee, represent or warrant that the TSP will successfully contact the appropriate emergency agency or your third party emergency contacts, or that emergency personnel will respond to the call or locate your vehicle. You acknowledge that neither the TSP, BMW, nor their parent companies, related or affiliated companies, and any of their respective officers, directors, employees, agents, and their successors or assigns, as applicable, nor the Underlying Wireless Carrier will be held responsible for any failure or delay in responding to an emergency or for the quality of service delivered, regardless of fault including, but not limited to, where the failure is the fault of the TSP, BMW, its assignee, the Underlying Wireless Carrier or any third party service provider. 

 

13. Unauthorized Use or Modification of the Services. You shall not, and shall not attempt to: a) sell, rent, lease, sublicense, lend, assign, publish or time-share the BMW Services, or any component thereof; b) reverse engineer, decompile or disassemble the BMW Services or any component thereof; c) circumvent any technological measure(s) that control access to or use of the BMW Services; d) alter, remove or obscure any patent, copyright, trademark or proprietary rights notices contained in or affixed to the BMW Services; e) unbundle individual or component parts of the BMW Services; f) use, incorporate, modify, distribute, provide access to, or combine any software component of the BMW Services in a manner that would subject that software or any part of it to open source license terms; (g) install, alter, or transmit into or via the BMW Services any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs, spiders, web-bots, screen-scrapers, or web crawlers or other items of a destructive or disruptive nature; (h) cause or assist any third party in doing any of the foregoing.

 

ANY ATTEMPT BY ANY USER OR ANY OTHER INDIVIDUAL OR ENTITY TO DELIBERATELY DAMAGE THE BMW SERVICES OR UNDERMINE THE LEGITIMATE OPERATION OF THE BMW SERVICES IS A VIOLATION OF THIS AGREEMENT. BMW RESERVES THE RIGHT TO INVESTIGATE ANY SUSPICIOUS ACTIVITY AND TO TAKE ALL SUCH ACTIONS AGAINST AND OBTAIN SUCH REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. BMW RESERVES THE RIGHT TO DISCLOSE ANY INFORMATION ABOUT YOU, INCLUDING YOUR ACCOUNT AND ACCESS TO AND USE OF YOUR ACCOUNT, TO LAW ENFORCEMENT AS NECESSARY TO ENFORCE THIS AGREEMENT.

 

14. Default and Suspension or Termination of Services. If you fail to pay any amount due under this Agreement, BMW may suspend or terminate the Services. If BMW determines that you have violated the terms and conditions of this Agreement and such breach impacts BMW's, the TSP’s or any other service provider's ability to service its other customers, BMW may suspend or terminate the Services without notice as determined by BMW in its sole discretion. If you breach any other term of this Agreement, BMW may suspend or terminate the Services. These rights are in addition to any other rights that the TSP or BMW may have. If the TSP or BMW brings an action to enforce its rights against you, you agree to pay all reasonable costs of enforcement, including reasonable legal fees. YOU HEREBY ACKNOWLEDGE THAT IF BMW SUSPENDS OR TERMINATES SERVICES FOR ANY REASON, YOU WILL NOT BE ABLE TO ACCESS ANY OF THE BMW SERVICES, INCLUDING EMERGENCY SERVICES, AND YOU WILL NOT BE ENTITLED TO A REFUND OR CREDIT NOR TO MAKE ANY CLAIM OR COMMENCE ANY ACTION AGAINST BMW IN ACCORDANCE WITH SECTION 12 ABOVE.

 

15. Force Majeure. The TSP and BMW will not be responsible for the failure to provide BMW Services to you including, but not limited to, where such failure occurs as a result of any of the following: any act or omission of the Underlying Wireless Carrier or any other wireless carrier (including interruption of cellular service), any emergency agency or any other third-party service or product provider; equipment failures or shortages; damage to the TSP’s response centre, any land or wireless communications networks or the GPS system; acts of nature, acts of God, labour strikes or war; or any other act or event that is outside of the reasonable control of the TSP and BMW. UNDER ANY OF THESE CIRCUMSTANCES, THE TSP OR BMW MAY AT ITS OPTION SUSPEND OR TERMINATE ALL OR SOME OF THE BMW SERVICES OR TERMINATE THIS AGREEMENT WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY WHATSOEVER. MOREOVER, YOU WILL NOT BE ENTITLED TO A REFUND OR CREDIT.

 

16. Third Party Beneficiaries. The following parties are considered third party beneficiaries under this Agreement: BMW’s successors and assigns, parent company, related and affiliated companies, retailers, TSP, and Underlying Wireless Carrier and their respective officers, directors, employees, agents, together with any of their respective assigns and successors; and third party service and product providers involved in delivering the Services (for example, providers of the Services, map data, traffic and routing information, and other content). The disclaimer of warranty limitations of liability and other similar provisions extend to these third party beneficiaries. By using the BMW Services, you also agree to be bound by any additional terms and conditions that may be imposed by any such third party beneficiaries in respect of the provision of any goods or services (for example, the end user terms covering navigation and location data). A copy of any additional terms and conditions can be obtained upon request at customer.service@bmw.ca.

 

17. Disclaimer of Warranties. Your Vehicle’s limited warranty only covers the Telematics Control Unit installed in your vehicle as original equipment, and does not cover the BMW Services or the wireless service. YOUR USE OF THE BMW SERVICES, THE WIRELESS SERVICE IS AT YOUR OWN RISK. NEITHER BMW, THE SERVICE PROVIDERS, THE UNDERLYING WIRELESS CARRIER, NOR ANY OTHER THIRD PARTY BENEFICIARY EXERCISE ANY CONTROL OVER OR HAS RESPONSIBILITY WHATSOEVER FOR THE CONTENT OR INFORMATION TRANSMITTED OR ACCESSIBLE THROUGH THE BMW SERVICES. EXCEPT FOR THE VEHICLE’S LIMITED WARRANTY FROM BMW OR AS OTHERWISE REQUIRED BY LAW, NEITHER THE TSP, BMW, THE UNDERLYING WIRELESS CARRIER, NOR ANY THIRD PARTY BENEFICIARY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AVAILABILITY OF THE BMW SERVICES AND/ORQUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICES (INCLUDING ANY CONTENT OR OTHER INFORMATION DELIVERED TO YOU AS PART OF THE SERVICES), THE WIRELESS SERVICE OR THE TELEMATICS CONTROL UNIT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE UNDERLYING WIRELESS CARRIER'S WIRELESS SERVICE ARE EXPRESSLY DISCLAIMED. NEITHER BMW, THE SERVICE PROVIDERS,CARRIER, NOR ANY OTHER THIRD PARTY BENEFICIARY REPRESENT OR WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, BE UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT LOSS OF CONTENT, DATA OR INFORMATION. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT TRANSMISSIONS RELATED TO THE BMW SERVICES AND/OR OVER THE WIRELESS SERVICE MAY NOT BE SECURE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY DATA, MATERIAL OR INFORMATION OF ANY KIND WHATSOEVER UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BMW SERVICES AND THE WIRELESS SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ANY LOSS OF SUCH DATA, MATERIAL OR INFORMATION DURING, OR THAT RESULTS FROM, YOUR USE OF THE BMW SERVICES AND/OR WIRELESS SERVICE INCLUDING, BUT NOT LIMITED TO, YOUR SENDING OR RECEIVING, OR UPLOADING OR DOWNLOADING, OR ATTEMPTS TO DO SAME, OF SUCH DATA, MATERIAL OR INFORMATION. NEITHER BMW, THE SERVICE PROVIDERS, THE UNDERLYING WIRELESS CARRIER, NOR ANY OTHER THIRD PARTY BENEFICIARY SHALL BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARISING AS A RESULT OF THE UNAVAILABILITY OF THE BMW SERVICES OR THE WIRELESS SERVICE, INCLUDING THE INABILITY TO REACH 911 OR OTHER EMERGENCY SERVICES OR ANY FAILURE OR FAULT RELATING TO EQUIPMENT OR SERVICES PROVIDED TO YOU.

 

18. Limitations of Liability. (a) The BMW Services are provided to you merely as a convenience and are not intended as a substitute for insurance, proper maintenance of your vehicle in accordance with the manufacturer’s specifications or taking adequate personal safety precautions. The amount of fees for BMW Services are not related to the value of your vehicle or its contents nor to the potential cost of any injury or loss that may be suffered by you or anyone else while you use or operate the vehicle in any manner. You are solely responsible for obtaining and maintaining adequate insurance covering such injuries and losses, maintaining the vehicles as recommended by the manufacturer and taking reasonable personal safety precautions. YOU AGREE TO RELEASE BMW AND EACH THIRD PARTY BENEFICIARY FROM ALL CLAIMS, LIABILITIES AND LOSSES, HOWEVER ARISING, WHETHER IN CONTRACT, TORT UNDER STATUTE OR OTHERWISE IN CONNECTION WITH THE BMW SERVICES, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE BMW SERVICES, EVEN IF CAUSED BY THE NEGLIGENCE OF BMW, THE TSP, OR ANY THIRD PARTY SERVICE PROVIDER OR THE MALFUNCTION OF THE TELEMATICS CONTROL UNIT. YOU AGREE TO INDEMNIFY BMW AND EACH THIRD PARTY BENEFICIARY AGAINST ALL SUCH CLAIMS, LIABILITIES AND LOSSES, HOWEVER ARISING, WHETHER IN CONTRACT, TORT UNDER STATUTE OR OTHERWISE BROUGHT BY THIRD PARTIES. YOU FURTHER AGREE THAT THIS RELEASE EXTENDS TO ANY PARTY CLAIMING UNDER YOU AND THAT NO INSURANCE COMPANY WILL HAVE ANY RIGHT OF SUBROGATION. YOU ALSO AGREE TO INDEMNIFY BMW AND ITS SERVICE PROVIDERS AGAINST ALL CLAIMS, LIABILITIES ANDLOSSES RELATED TO OR CAUSED IN WHOLE OR IN PART BY YOUR FAILURE TO NOTIFY US IF YOU CHANGE YOUR PHONE NUMBER, INCLUDING BUT NOT LIMITED TO ALL CLAIMS, EXPENSES, AND DAMAGES RELATED TO OR ARISING UNDER CANADIAN LAW.

 

(b) NEITHER BMW NOR ANY THIRD PARTY BENEFICIARY WILL BE LIABLE TO YOU OR ANY OTHER PARTY FOR DAMAGES INCURRED IN CONNECTION WITH THE BMW SERVICES OR THE TELEMATICS CONTROL UNIT INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS), EVEN IF BMW OR THE THIRD PARTY BENEFICIARY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ALL CLAIMS, HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, CLAIMS IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE (SUCH AS NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR LIMITATIONS MAY NOT APPLY TO YOU.

 

(c) IF BMW, ITS SERVICE PROVIDERS, THE UNDERLYING WIRELESS CARRIER, THE TSP OR ANY THIRD PARTY BENEFICIARY IS FOUND LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT THE AGGREGATE LIABILITY OF ALL THESE PARTIES TO YOU FOR ANY CLAIM IS LIMITED TO THE TOTAL AMOUNT PAID BY YOU FOR THE BMW SERVICES DURING THE 12 MONTHS PRECEDING THE DATE YOUR CLAIM AROSE. YOU ACKNOWLEDGE THAT NEITHER BMW NOR ANY THIRD PARTY BENEFICIARY WOULD HAVE AGREED TO PROVIDE THE BMW SERVICES TO YOU IF YOU DID NOT AGREE TO THIS LIMITATION. THIS AMOUNT IS THE FULL AND FINAL EXTENT OF THE LIABILITY OF BMW AND THE THIRD PARTY BENEFICIARIES TO YOU. EXCEPT WHERE PROHIBITED BY LAW, YOU MAY NOT BRING ANY CLAIM AGAINST BMW OR ANY THIRD PARTY BENEFICIARY MORE THAN ONE YEAR AFTER THE CLAIM ARISES.

This Section shall survive any termination or expiration of this Agreement.

 

19. Security on Wireless Network. The BMW Services employ wireless telephone networks that use radio channels to transmit voice and data. Therefore, neither the privacy nor security of conversations or data over the wireless telephone networks can be guaranteed. The limitations of liability described in section 18 equally apply to claims arising from or relating to matters of privacy or confidentiality.

 

20. Telemarketing. You agree that by entering into this Agreement, BMW may contact you by voice call at the telephone number(s) that you provide (including through the use of an automatic telephone dialing system or a prerecorded voice) and by email or other electronic means regarding (i) matters related to your BMW Services and your BMW Services Account and (ii) offers and promotions by BMW and its partners, including offers and promotions regarding other BMW vehicles, services, products and accessories. BMW may contact you by voice call or by email though through its TSP or other authorized service providers. You agree to notify BMW promptly if your telephone number(s) or email change(s).

 

21. General Legal Matters. Notices must be given in writing unless the receiving party expressly permits verbal notice. Notices to you will be deemed given to you if deposited in the mail, post- age prepaid, addressed to you at the last known address as shown on the records of the TSP. Notices to BMW shall be deemed given when received at 50 Ultimate Drive, Richmond Hill, ON, L4S 1P4, Attn.: Customer Service. You acknowledge and agree that BMW may assign this Agreement in whole or in part without notifying you. If any portion of this Agreement is held to be invalid or unenforceable by any court, the balance of the Agreement will continue to be valid and enforceable. This Agreement is governed by and construed in all respects in accordance with the laws of the Province of Ontario, without reference to any conflict of law principles and you hereby submit to the exclusive jurisdiction of the Ontario courts. This Agreement, including disclaimer of warranties and limitations of liability, will be enforceable against your heirs, administrators, personal representatives, successors and assigns. 

 

22. Service Declined. If, for whatever reason, you do not wish to receive the BMW Services as paid for by BMW, please check box under similarly entitled field on opposite page. Please be advised, however, that declining the Services does not entitle you to any credit from BMW. In addition, please be advised that should you want to resume the Services at a future date, you will be solely responsible for the cost of such Services.

 

23. Other Drivers, Occupants or other Users of you Vehicle. YOU ARE SOLELY RESPONSIBLE FOR ANY USE OF BMW SERVICES, EVEN IF YOU ARE NOT THE INDIVIDUAL OPERATING THE VEHICLE (INCLUDING USE BY UNAUTHORIZED INDIVIDUALS). YOU ARE SOLELY RESPONSIBLE FOR THE SERVICES REQUESTED BY YOU, OR BY ANYONE USING OR OCCUPYING YOUR VEHICLE, THROUGH BMW SERVICES. You promise and agree to inform and educate all drivers, occupants and other users of your Vehicle, as well as any potential future purchaser or lessor of your Vehicle, about BMW Services, features and limitations and TSP, BMW and its affiliates collection and use of information as permitted by this Agreement. TSP and BMW have no obligation to inquire about the authority of anyone using your Vehicle. If you, another driver, occupant or other user of your Vehicle uses BMW Services to commit a crime or for another improper purpose or if such other driver or occupant of your Vehicle disputes TSP and/or BMW’s collection and use of information as permitted in this Agreement, you agree to indemnify, defend and hold TSP, BMW and its affiliates harmless from and against any and all costs, expenses (including legal fees), losses, damages and other liabilities which arise from such improper use.

 

24. Privacy Terms. 

(a) You agree that in conjunction with the provision of the BMW Services, BMW or the TSP may create an electronic or other record containing information collected about you and/or occupants of your Vehicle which may include, but is not limited to: contact information (name, address, telephone number), billing information, Vehicle's description (make, model, year, registration); Vehicle use such as location, direction of travel, service data such as, diagnostic trouble codes, tire pressure, fuel and odometer readings; incident data and recordings (video or photographs), such as information about collisions, the direction from which your Vehicle was hit, which airbags have deployed and safety belt usage, information about anyone making a BMW Services call from your Vehicle or under your account; and the date, time and duration of the call, information and recommendations provided to you during the call and any BMW Services response specialist notes written during a call. You agree that these records, your personal information provided with this form and your account information may be retained by the TSP, BMW and its affiliates and, to the extent necessary, furnished to the emergency contacts you have designated on this form and to third party service providers (e.g. emergency responders and roadside assistance providers). You consent to the collection, use and disclosure by the TSP, BMW, the Underlying Wireless Carrier and any third party service providers of these records, your personal information and your account information for the purposes of (i) providing current and new BMW Services, (ii) collecting information about your Vehicle system status and to identify if system or software updates are available and to remotely deliver and install the updates, (iii) communicating with you about the Services, (iv) billing, collecting fees and administering your account, (v) planning, developing, evaluating and marketing new or existing BMW Services, (vi) preparing aggregate statistical data that does not disclose specific data about a particular BMW customer or individual, (vii) to prevent and detect fraud or misuse of the Services, and (viii) as required by law. You agree that it is necessary to retain information collected and used for the foregoing purposes throughout the duration of this Agreement.

 

(b) You consent to being contacted in your Vehicle to enable BMW through its TSP to deliver the BMW Services to you for the duration of this Agreement. You also consent to the use of the BMW Services to locate your BMW Vehicle should it be necessary for the provision of the Services or, to ascertain the identity of the person in control of the vehicle or for purposes of law enforcement throughout the duration of this Agreement

 

(c) You agree to allow the TSP to monitor and record conversations between the TSP’s response centre specialists and your vehicle’s occupants and to store these recorded conversations to be used for purposes of quality assurance, employee training, and compliance with the law. Additionally, if your vehicle is equipped to provide stolen vehicle recovery, and your vehicle is stolen, you must provide a valid stolen vehicle police report number. The TSP may then attempt to determine the location of the vehicle, without the occupants’ knowledge, in order to allow BMW Services assist the authorities in recovering the vehicle. YOU CONSENT, ON BEHALF OF YOURSELF, ALL OCCUPANTS OF YOUR VEHICLE, AND ANYONE ENGAGED IN A CONVERSATION WITH A SERVICE PROVIDER, TO SUCH MONITORING AND RECORDING AND YOU RELEASE THE TSP AND BMW AND THIRD PARTY SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES AND LOSSES THAT MAY RESULT FROM ANY SUCH MONITORED AND/OR RECORDED CONVERSATIONS. For the avoidance of doubt, the provisions of section 18 apply equally to matters addressed in this section.

 

(d) When using the Concierge Service, our concierge service provider may disclose information that you provide to them, to other third party service providers, in order to provide the products and services that you request. The BMW Privacy Policy will not apply to those providers.

 

(e) YOU CONSENT ON BEHALF OF YOU AND OCCUPANTS IN YOUR VEHICLE TO THE COLLECTION, USE AND DISCLOSURE OF PERSONAL AND VEHICLE INFORMATION AS DESCRIBED IN THE BMW PRIVACY POLICY, AND FOR THE PURPOSES IDENTIFIED THEREIN, A COPY OF WHICH HAS BEEN PROVIDED TO YOU WHEN YOU EXECUTED THIS AGREEMENT OR AS OTHERWISE EXPRESSLY AUTHORIZED BY YOU IN WRITING IN ACCORDANCE WITH THE PERSONAL INFORMATION PROTECTION & ELECTRONIC DOCUMENTS ACT. You can obtain a copy of the BMW Privacy Policy by contacting BMW at privacy@bmw.ca or at 1-800-567-2691.

 

(f) The TSP, BMW or the Underlying Wireless Carrier may be legally compelled to provide location data and other information obtained through the BMW Services system to law enforcement agencies. You release the TSP, BMW, the Underlying Wireless Carrier and any other third party service providers from any claim or liability based upon disclosure of information under those circumstances.

 

(g) You consent, on behalf of yourself and all occupants in your vehicle, that BMW may transfer all personal information collected, used or disclosed in accordance with this Agreement to a successor in the event of a corporate reorganization by BMW.

 

(h) You consent, on behalf of yourself and all occupants in your vehicle, that TSP and\or BMW may provide location data and other related information obtained through the BMW Services system, without your or an occupants; knowledge, to third party insurers in cases of suspected fraud, or in situations where the subscriber is not deemed to be reasonable or is uncooperative with BMW, law enforcement, or insurers if vehicles leased by BMW are stolen or suspected stolen.

 

25. Export Compliance. You will comply worldwide with all laws and regulations applicable to the BMW Services. You may not use, export, re-export, import, sell or transfer any aspect of the BMW Services except as authorized by Canadian law and any other applicable laws and regulations. You also agree that you will not use the Services for any purposes prohibited by Canadian law, including the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

 

26. Software Updates. From time to time software used by the BMW Services may require updates or new software to be installed. This software may be in your Vehicle, or in other devices which may include mobile telephones and key fobs. You expressly agree that BMW may remotely deliver automatic updates or new software to your Vehicle without any further notice or consent. These software updates or new software may affect or erase data that you have stored in your Vehicle. We are not responsible for any affected or erased data. You agree that you do not own or acquire any rights to use or modify the BMW Services on your own. If you do not consent to receiving automatic updates or new software, you may cancel the Services as per section 5 of this Agreement.