O’REGAN’S BMW

WEBSITE TERMS OF USE

WELCOME

O’Regan’s BMW (“O’Regan’s BMW”, “we”, “us”, “our”) welcomes you to our website. 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 and using the Website, you agree to be bound by all the Terms of Use set forth herein. 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 O’Regan’s BMW. 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 O’Regan’s BMW, 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 O’Regan’s BMW. 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 O’Regan’s BMW.

Furthermore, all marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of O’Regan’s BMW or are used under licence by O’Regan’s BMW. No license to any O’Regan’s BMW 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.

REGISTRATION, ACCOUNTS AND PASSWORDS

To access certain portions of the Website, you may be asked to complete an online registration form or establish an account. 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 or account application form to which this Website may direct you, and to update that registration and account information as soon as possible after any information on such registration/application form changes.

As part of the registration and application 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, user name or account. You agree to immediately notify O’Regan’s BMW of any unauthorized use of your password or user name or any other breach of security.

We reserve the right to suspend your account if any information provided during any application process proves to be inaccurate, not current or incomplete. You take sole responsibility for any activities or actions under your account whether or not you have authorized such activities or actions. You must immediately notify us of any unauthorized use of your account.

BOOKING SERVICES, OBTAINING QUOTATIONS AND ONLINE PURCHASES

This Website may offer features to book services, obtain quotations and to make online purchases. You must provide accurate information in respect of any such activities. You shall be liable for the fees and charges associated with any purchases or services which you commit to make. Any changes you may require in bookings, services or products may be subject to provision of reasonable notice to us. All products and services are subject to availability from time to time, and are subject to our standard terms and conditions, which may be amended from time to time, and some offerings are subject to levies, fees and sales taxes.

ONLINE CREDIT APPLICATIONS

This Website may offer functionality to assess your credit or to make online credit applications. Such options are tools that will help you estimate your monthly payments based on the financing options you select. These tools should be used for informative purposes only and in no way constitute an offer to buy or sell from us. Any sale, lease or finance of a vehicle shall be subject to the terms and conditions of the applicable contract, which you may be required to enter upon visiting one of our stores. Pricing is based on manufacturers’ suggested retail prices or available pricing in effect at the applicable time. Licensing, levies, fees and sales taxes may be extra unless expressly stated otherwise. If you are making a credit application, you consent to the use of your personal information for this purpose, including in accordance with our Privacy Policy found at this Website.

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:

1. e-mail, text, post, upload or otherwise transmit any material through the Website that:
   1. constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
   2. infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
   3. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially ethnically or otherwise objectionable; or
   4. 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;
2. e-mail, text or otherwise transmit any material through the Website without the recipient’s consent;
3. 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;
4. 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;
5. impersonate any person or entity, including but not limited to, a O’Regan’s BMW employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
6. attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means;
7. interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks;
8. 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
9. 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. Retailers are free to set individual prices. Prices and specifications including standard features, accessories, equipment, options and colours are subject to availability and O’Regan’s BMW reserves the right to revise pricing and/or specifications at any time, without notice. Please see your local O’Regan’s BMW Retailer for more information on products and pricing.

Illustrations are representative only. O’Regan’s 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 O’Regan’s BMW vehicles. The purchase of any O’Regan’s 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.

ALL OTHER TERMS AND CONDITIONS GOVERNING THE PURCHASE OF ANY PRODUCT ON THE WEBSITE ARE AVAILABLE AT THE WEBSITE OR UPON PURCHASE.

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 O’Regan’s BMW affiliates or third parties that are not affiliated with us. Please understand that such linked Websites are independent from O’Regan’s BMW and that O’Regan’s BMW has no control over the content of such Websites. Consequently, O’Regan’s 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.

FEES

O’Regan’s BMW 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 O’Regan’s BMW 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. O’REGAN’S BMW 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. O’REGAN’S BMW 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 O’REGAN’S BMW OR BMW GROUP CANADA 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 O’REGAN’S BMW OR BMW GROUP CANADA 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 O’Regan’s BMW, 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

O’Regan’s BMW 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

O’Regan’s BMW 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, O’Regan’s BMW 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 O’Regan’s BMW 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 Nova Scotia and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in Halifax, Nova Scotia. 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 O’Regan’s BMW with respect to the use of the Website, including the Content.

USE OF FACEBOOK 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, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook").

When you access the Facebook social plugin through our Site, your browser establishes a direct connection with the Facebook servers. The content of the plugin (e.g. a “Like” button) is transferred by Facebook directly to your browser, which then integrates it into our Site. The data that your browser sends to Facebook 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, Facebook does not receive your user ID.

You can find more information about Facebook’s privacy practices at http://www.facebook.com/policy.php

NOTICE

Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself.

If you have any questions or comments regarding these Terms of Use please contact us.

Last Updated: December 2019