MYBMW USER AGREEMENT (BASIC SERVICES)
This User Agreement is updated in October 2021.
Thanks for your registration of BMW ID and your interest in use of MyBMW!
This MyBMW User Agreement (this “Agreement”) is an agreement entered into between you and LingYue Digital Information Technology Co., Ltd. (“Operator”, “we/us” or “LingYue”), the operator and service provider of this APP, with respect to your registration of BMW ID and use of MyBMW in the People’s Republic of China (for purpose of this Agreement, excluding Hong Kong Special Administrative Region, Macao Special Administrative Region, and Taiwan Region, hereinafter, “PRC”). In order to register and use your BMW ID and use MyBMW, you shall carefully read and fully understand and comply with all of the contents under this Agreement, as well as any Separate Agreement for any specific service/product, in particular those provisions for the exclusion or limitation of liability, which may have been bolded or underlined for your close attention and will only apply after you acknowledge your full understanding of them and agree to/accept them. You may contact us through the contact information set forth in this Agreement at any time if you have any query on the contents of this Agreement (in particular on any provision in relation to the exclusion or limitation of liability), and we will then, at your request, provide you with further explanations and clarifications. In case that you do not agree to this Agreement or any provision contained herein, you should cease the registration process and/or the use of MyBMW immediately. If you have ticked “I agree”, “Register now”, “Accept and continue” or similar expressions and registered a BMW ID through the registration process or any other means, or used, redeemed or accepted any product/service on MyBMW, you will be deemed to have read and agreed to this Agreement and have been bound by the contents hereof voluntarily. Before you decide to register a BMW ID or use/accept a service/product on MyBMW, please confirm again that you have known and fully understand all of the contents of this Agreement. You hereby irrevocably undertake that if you use MyBMW, you will be deemed to have agreed to and been bound by all of the provisions of this Agreement, and you may not thereafter claim that this Agreement is invalid or should be revoked for the reason that you have not read this Agreement or have any misunderstanding on this Agreement. In addition, you also know and agree that unless otherwise provided for in this Agreement (such as with respect to the registration and use of BMW ID), the liability and obligations under this Agreement shall be solely borne by LingYue, without any joint and several liability or obligation on any other BMW party. In particular, BMW or LingYue may appoint a third party to operate or provide certain contents/services of MyBMW, in which case the third party shall have and bear the rights, obligations and liability in relation to the operation and provision of such platform, content or service.
You represent that you have full power, capacity and authority to agree to and perform this Agreement. BMW IDs and MyBMW do not apply to any natural person who has not attained 18 years of age. In order to register a BMW ID and use MyBMW, you undertake that: (1) you have attained 18 years of age; and (2) you are not prohibited by applicable law from registering a BMW ID or using MyBMW. If you are in breach of any of the undertakings above, you shall be liable for all of the consequences therefore arising in accordance with laws and regulations.
In this Agreement, except as otherwise defined herein:
BMW: means BMW China Automotive Trading Ltd., BMW Brilliance Automotive Ltd., LingYue Digital Information Technology Co., Ltd. or any Affiliate of any of the foregoing that may exist in relation to the operation of BMW Internet Platforms and/or BMW Internet Services. For the purpose of this Agreement, “Affiliate” means any other person than BMW China Automotive Trading Ltd., BMW Brilliance Automotive Ltd. and LingYue Digital Information Technology Co., Ltd., which controls, is controlled by or is under common control with BMW China Automotive Trading Ltd., BMW Brilliance Automotive Ltd. or LingYue Digital Information Technology Co., Ltd. directly or indirectly.
BMW Internet Platforms: means any digital platforms, including MyBMW and other mobile clients, smart showrooms, websites, e-malls, applications, WeChat applets, WeChat official platforms, operated by BMW or any third party appointed by BMW, and any other internet- or mobile internet-based digital platforms which are likely to be launched for any new form of services/products in the future due to the business needs or technological progress.
BMW ID: means the ID registered by the User for the use of BMW Internet Platforms and/or BMW Internet Services.
BMW Internet Services: means any internet- or mobile internet-based services or products provided to the User by BMW or any third party appointed by BMW through any BMW Internet Platform, including any services/products provided on any internet- or mobile internet-based digital platform that is likely to be launched for any new form of services/products in the future due to the business needs or technological progress.
BMW Internet Platform Rules: shall include but not be limited to any rules, processes and notices that have been released or will be released by any BMW Internet Platform, including without limitation service processes, event execution rules, product instructions, announcements and notices.
User: means any natural person that uses BMW Internet Platforms and/or BMW Internet Services (in case that the owner of an automobile is a legal person or any other organization, including the user authorized by the owner to use the automobile), which is also referred to herein as “you”.
One and the Same User: any user that has registered more than one BMW IDs with the same authenticated identity or is found by BMW to be the de facto owner of several BMW IDs shall be deemed as One and the Same User.
The actual operator of MyBMW under this Agreement may change with an adjustment of the MyBMW business, and the successor operator of MyBMW will then perform this Agreement with you and provide services for you. In addition, products/services offered on MyBMW may be provided by a third party. If there is a dispute, you may be able to identify the party that shall perform this Agreement with you and the counterparty in the dispute based on the specific service you use and the specific action affecting your interests. BMW Internet Services including MyBMW are only available to a User that has registered a BMW ID. When using MyBMW services, the User shall fully accept all the terms and conditions in this Agreement. This Agreement constitutes a formal and binding document between LingYue and the User.
3.2. Updates of the Agreement
In view of the rapid development of the Internet, the potential change of the PRC laws and regulations, and the business needs of platforms, terms and conditions contained in this Agreement between you and LingYue may not fully set out and include all the rights and obligations of you and LingYue, and it is not guaranteed that the existing provisions may fully fit the needs of future development. Accordingly, this Agreement shall include any agreements, BMW Internet Platform Rules and other documents that may be released by LingYue or BMW from time to time in respect of BMW ID and MyBMW. Should LingYue or BMW amend any term herein or BMW Internet Platform Rules (an “Update”), we shall disclose the updated version hereof or thereof (including the date when such version will come into effect) on relevant BMW Internet Platforms. The User is obliged to follow and read any updated version of this Agreement and BMW Internet Platform Rules from time to time. If the User does not agree to such Update, he/she may cease using MyBMW and relevant services immediately. If the User continues to use MyBMW and relevant services after the Update above has come into force and effect, the User shall be deemed to have accepted the Update.
3.3. Other Requirements for the Application of the Agreement
3.3.1. Unless otherwise expressly provided, this Agreement shall unconditionally apply to any improvement, upgrade or enhancement of any existing function of MyBMW, as well as any addition of products and services to MyBMW.
3.3.2. You understand and agree that we may change the contents of MyBMW, or discontinue, suspend or terminate such service with any adjustment of business strategies.
3.3.3. All information on MyBMW shall only apply to the Chinese market.
3.3.4. Information released by LingYue on MyBMW is for Users’ convenience only, and such release and presentation do not constitute a for-profit internet information service provided by LingYue, BMW or any of its Affiliates.
3.3.5. Except as otherwise provided, the User’s browsing, selection, purchase or redemption of a service/product or the payment of the earnest money by the User on MyBMW shall only be deemed as an initial intention of the User to purchase/use/redeem the relevant service/product. The negotiation of details of the deal, the final conclusion of the transaction, and the delivery of products and services shall have nothing to do with MyBMW, and you shall contact the authorized dealer you have selected or the actual provider of the relevant products/services for such issues.
You acknowledge that at the time when you complete BMW ID registration process, you are a natural person having the capacity for civil acts and have attained 18 years of age, and you are not prohibited by applicable law from registering a BMW ID.
4.2. Obtain an Account; One and Unique ID
You may register a BMW ID at any BMW Internet Platform which provides BMW ID registration function. If you have provided your information according to the instructions on the registration page, read and agreed to this Agreement, and completed all the registration procedures, you will obtain a BMW ID. When you register a BMW ID, please make sure you have read the policies regarding the registration and use of BMW ID carefully. If you do not agree to such policies, please cease your registration immediately.
For the owner of a vehicle imported from overseas, the provider of the BMW ID is BMW China Automotive Trading Ltd.; for the owner of a vehicle manufactured by BMW Brilliance Automotive Ltd., the provider of the BMW ID is BMW Brilliance Automotive Ltd.; and for the owner of a non-BMW vehicle, the provider of the BMW ID is BMW China Automotive Trading Ltd. or BMW Brilliance Automotive Ltd., depending on the BMW Internet Platform on which such owner has registered the BMW ID.
A BMW ID is the one and unique ID for a User to log in to BMW Internet Platforms including MyBMW and use BMW Internet Services. In principle, you are only allowed to use one BMW ID. If you have registered, you will obtain a unique BMW ID registered with your mobile phone number that has been verified on a real-name basis. Should there be any evidence or BMW reasonably believe that you have improperly registered or used more than one BMW IDs, BMW may merge such BMW IDs or take any other reasonable action. You shall be liable for compensating for the losses BMW and its related parties sustain as a result of your improper registration or use of BMW IDs. As required for relevant business and in order to provide better user experience, BMW may merge several BMW IDs and relevant information of One and the Same User. In the event that you have registered a BMW ID on a BMW platform, such BMW ID may then be used to log into all the BMW platforms, and your personal information, vehicle information and order information bound with BMW ID will be shown synchronously in all BMW platforms. If the merger of BMW IDs will have substantial effects on your interests, BMW will seek your consent prior to the merger.
4.3. Management of Registration Information
4.3.1. True Information and Legal Account Name
The registration of a BMW ID requires you to provide your name, mobile phone number and other personal information. For the information provided by you voluntarily, you authorize BMW and/or any third party appointed by BMW to verify your identity information by legal means (including but not limited to verifying such information with a credit agency) in order to meet relevant legal requirements for real-name authentication. We will take security measures to keep in confidentiality any personal information provided by you for the registration. Once the registration is completed, you shall become a BMW user and may use your BMW ID to log in to and use BMW Internet Platforms including MyBMW and BMW Internet Services. You may log in to BMW Internet Platforms including MyBMW with the password that you entered for registration of your BMW ID and was approved by the system. BMW may adjust, add or delete login methods, or otherwise further specify or adjust the terms and conditions and other policies in respect of specific services according to relevant laws and regulations, regulatory requirements, user experience, risk control and other factors.
The information provided by you for the registration of BMW ID shall be updated, complete, accurate and true, and you shall not provide any illegal or undesirable information. You shall update your personal information promptly as such information changes. BMW is in no event liable for any liability, dispute or other consequence in law arising from the illegality, untruthfulness and inaccuracy of the information provided by you, or from your failure to promptly update any information provided by you. You know that during the registration of BMW ID, certain initial registration information may not be modified again for security, internal management and other reasons. You shall carefully check such registration information to ensure they are entered correctly.
You understand and undertake that the personal information you used to create BMW ID shall include no illegal or undesirable information, and you shall not use the name of any other person (including but not limited to using the name or trade name of any other person without consent, or in any manner that is sufficient to cause confusion) to create your registration name without the permission of the owner of such name. BMW has the right to examine the personal information provided by you.
4.3.2. No Malicious Registration
You shall not register a BMW ID maliciously by any means, including but not limited to registering more than one BMW IDs for profit, sensationalization, cashing out or any other purpose. You shall not steal BMW ID of any other user, and in no event shall you use BMW ID or password of any other BMW user without the prior permission and consent of such user.
4.4. Account Security Requirements
4.4.1. Safekeeping of Account
You shall be responsible for keeping your BMW ID and password confidential. All of the acts made by your authorized persons under such ID shall be deemed as your operation and you shall be solely liable for such acts. Unless required by laws and regulations or by an order of any administrative or judicial authority and with the prior consent of BMW, you shall not in any way provide, disclose, transfer, lend, give as a gift, or pass down your BMW ID, verification codes, security questions and answers, or any other information (except for property rights and interests in relation to the BMW ID) to a third party or display or sell such information on any third party platform. You shall be solely liable for all the losses you, BMW or any third party sustains as a result of your failure to comply with the preceding sentence.
BMW undertakes not to disclose your BMW ID, username, mobile phone number and other non-public information to any third party, unless for legal reasons or the purpose of this Agreement, or as required under this Agreement, or with your prior consent (including but not limited to consent by any other agreement between you and BMW). Should you be aware that any person improperly uses your BMW ID or there is any other circumstance likely to threaten the security of your BMW ID, you shall immediately contact us and ask us to discontinue to provide relevant service/product. You understand that BMW may need reasonable time to act on your request, and that BMW disclaims all liability for any consequence (including but not limited to any loss) that has occurred before it takes any action. In addition, BMW is in no event liable for any theft or misuse of your ID, username or password as result of your negligence in safekeeping or any other negligent reason, and we shall have the right to recover from you any expenses incurred by BMW for such theft and misuse.
4.4.2. Suspension of Account
You know and agree that subject to laws and regulations or if required by a state authority, we may limit or suspend your BMW ID, in which case your may not be able to continue to log in to your account or use your BMW ID.
4.4.3. Notes for Daily Maintenance
You are advised to notify BMW immediately of any unauthorized access to your account or any circumstance that may result in the theft or loss of your account. You understand that BMW needs reasonable time to act on your requests, and actions taken by BMW at your request may not be able to prevent damage or the incurrence of further loss, for which BMW is not liable unless in case of a statutory fault on its part.
4.4.4. Deletion of Account
If you desire to delete your BMW ID, please contact [servicecenter@bmw.com.cn] or [400-800-6666].
In order to use all the services and functions of this APP, the mobile device you use to operate this APP requires a certain capacity of the mobile network required to integrate the SIM card and the mobile network shall be made available. In some cases, this APP and its services and functions may be geographically limited by the receipt signals and range of services of the network service provider, especially interfered by weather conditions, geomorphological features, the location of your mobile device, and obstacles such as bridges, buildings, and so on.
Service interruption may occur to this APP due to the following reasons: force majeure events, including strikes, lockouts and orders from public institutions, etc.; technical and other work that may be required to be done in the systems of Operator, traffic data suppliers or network operators for normal running or improving the services (for example, software update and extension for system repair, maintenance and adaptation); as well as the temporary lack of capacity due to the high demand for use of this APP services on peak hours. The Operator will make reasonable efforts to promptly eliminate or assist in eliminating the aforesaid interruptions.
5.2. Trading Terms of MyBMW Internet Services
5.2.1. Information of Products/Services
The User expressly acknowledges and agrees that information of services/products shown on MyBMW may change from time to time, and LingYue may not give any special notice of such change. LingYue will use reasonable commercial efforts to maintain the accuracy, thoroughness and completeness of the parameters, specifications, prices, inventory and other information released on MyBMW in respect of services/products. However, subject to the development of the internet technology, BMW’s business development and other factors, product/service information shown on MyBMW may have become outdated to some extent or contain some errors. LingYue cannot guarantee the accuracy, completeness or up-to-dateness of such product/service information. Such information is only for reference and shall not be deemed as a promise or warranty with legal significance. The User is fully aware and understand that the specific service/product information is subject to the confirmation of the authorized dealers/service providers. For the avoidance of doubt, if any service or product you intend to purchase/redeem/select is out of stock, partially or wholly unavailable, or marked with an incorrect price, you may cancel the order and the relevant authorized dealer/service provider may also cancel your order at its sole discretion. In the event that you have already paid, the relevant authorized dealer/service provider will return to you the payment.
For any page where amounts are presented for reference only instead of for direct sale purposes, such amounts presented on MyBMW are manufacturer’s suggested retail prices or quotations by specific authorized dealers with respect to specific services or products for a specific period and shall have no binding force. Authorized dealers may determine the actual sale price of each product and/or service at their sole discretion, and such price may change when the User receives the relevant service/product at the authorized dealer’s store or purchases/redeems/selects the relevant service/product from the dealer’s website. The User shall consult with the relevant authorized dealer to determine the specific retail price, product configurations, service contents and transaction details. MyBMW shall not involve in any determination or bargaining affecting the actual final sale price in the abovementioned webpage scenario; provided however that the preceding provision does not apply to any webpage scenario in which amounts are presented for direct sale purposes.
5.2.2. Order
If you wish to place an order (including any redemption order) for any service/product through MyBMW, you shall have the legal capacity and the capacity for acts in respect of the purchase/redemption/acceptance of such service/product. Once you place an order, you will be deemed to have satisfied the conditions above. When placing the order, you shall carefully check the name, price, quantity, model, specification, size, recipient, contact address and phone number, and any other information with respect to the service or product. Before you submit an order, you will have opportunity to check any information provided by you and correct any input error. If you are not the recipient, the expression by acts and expression of willingness made by the recipient will be deemed as your expression, and you shall be liable for such expression jointly and severally with the recipient. You agree that all information provided by you in your order is true, accurate, and not misleading in all respects. In the event that any of such information provided by you changes or you are aware that such information is untrue, inaccurate or incomplete at any time, you shall contact the relevant authorized dealer/service provider immediately. You shall be solely liable for the losses arising from the untruthfulness, inaccuracy or incompleteness of the information provided by you which renders it impossible for the relevant authorized dealer/service provider to provide relevant products/services.
5.2.3. Formation of Contract
You understand and agree that information presented on MyBMW in respect of products or services is only an invitation to offer. You need to provide the quantity, price and payment method, recipient and delivery address, and other information in respect of the services/products you desire to receive/purchase/redeem when you place an order. The order generated by the system is the data generated by the computer information system based on the information you have provided, and is the offer issued by you to the actual product or service provider. Thereafter, a contract relation between you and the actual product or service provider in respect of relevant products or services will be formed when the actual product or service provider actually delivers to you such products, or confirms with you such services, that you wish to order. If the actual product or service provider only delivers some of the products or confirms some of the services set out in your order, then the contract relation formed between you and the actual product or service provider is with respect to such portion of products or services only. Notwithstanding the foregoing and unless otherwise provided, for digital products such as e-service coupon and online recharge, the contract will be formed once you place an order and pay for the products. If a product or service on MyBMW is sold through a third party platform/channel, the formation of the contract for such product or service and the sale of such product or service shall be governed by the relevant rules of such third party platform/channel, or if such third party platform/channel does not have said rules, be governed by this Agreement.
5.2.4. Earnest Money
If you intend to pay earnest money to a dealer selected by you for your selected new vehicle, the amount of the earnest money shall be that shown on the webpage, and the payment of such earnest money will be completed on a third party payment platform. The earnest money may be refunded at your request or by the dealer voluntarily before the purchase contract for the vehicle is signed. The earnest money is an agreement between you and your selected dealer, and BMW is not liable for the payment of the earnest money and your agreement with any dealer. The earnest money does not constitute a deposit, and the payment of it shall not constitute the formation of a contract. Except as otherwise covenanted by LingYue or BMW, LingYue or BMW does not warrant that you will enjoy or receive relevant products or services, even though you have paid the earnest money.
5.2.5. Delivery of Products/Services
Services/products purchased/redeemed/selected by you in MyBMW will be delivered to or provided at the delivery address specified by you in MyBMW. You shall accurately provide your delivery address, contact person and other contact information. Only the contact person you provided may accept the services/products you purchase/redeem/select and he/she may do so only after his/her identity is verified. You shall be solely liable for all the losses arising from the change of the contact person or any other contact information. You shall enjoy/use by yourself the services/products you purchase/redeem/select in MyBMW in accordance with relevant terms of use of services and by specified means. All the losses arising in connection with the errors in the information provided by you which renders it impossible for you to enjoy/use the services/products shall be solely borne by yourself. We are not liable for any failure to deliver or provide a service/product normally which arises from: (1) the errors or unthoroughness in the information provided by you; (2) the absence of a person to sign for the receipt of or to accept the service/product, or the rejection of the service/product; (3) your failure to satisfy the requirements given in advance for obtaining the service/product; or (4) any Force Majeure (as defined below).
5.3. Posting Contents and Comments by the User
Where the User is permitted by MyBMW to upload, post or deliver contents, the contents so uploaded, posted or delivered only represents personal views of the User rather than the standpoint of MyBMW, and MyBMW makes no warranty as to the accuracy, completeness or reliability of such contents. The User shall be solely and fully responsible for all contents posted by him/her. The User shall be fully liable for any loss arising, or any damage or loss derived, from the contents he/she has uploaded, posted or delivered through MyBMW.
The User shall warrant that neither his/her information used to register an account on MyBMW (including username and/or profile picture) nor the contents produced, reproduced, posted or distributed by him/her through MyBMW include any information that:
(1) contravenes the basic principles established in the constitution;
(2) endangers national security, discloses state secrets, subverts the power of the State or undermines national unity;
(3) is harmful to the honors or interests of the State;
(4) distorts, stigmatizes, desecrates or denies the deeds and spirits of heroes and martyrs, or does harm to the names, portraits, reputations or honors of heroes and martyrs by insulting, slandering or other means;
(5) promotes terrorism or extremism, or incites terrorist or extremist activities;
(6) provokes ethnic hatred or discrimination, or undermines ethnic solidarity;
(7) breaks religious policies of the State, or blazons forth evil cults or feudal superstition;
(8) spreads any rumor to disturb the economic and social order;
(9) spreads obscenity, eroticism, gambling, violence and terrorism, or abets the commission of crimes;
(10) insults or slanders others, or infringes upon the reputation, privacy and other legitimate rights and interests of others;
(11) uses exaggerated headlines, which are grossly inconsistent with the content;
(12) publicizes rumors, scandals, misdeeds, etc.; makes inappropriate comments on natural disasters, major accidents and other disasters;
(13) is indicative of sexual innuendo, sexual teasing or otherwise prone to sexual association;
(14) shows scenes of blood, horror, cruelty, etc., causing physical and mental discomfort;
(15) provokes group discrimination, regional discrimination, etc.;
(16) promotes vulgarity or kitsch;
(17) may cause minors to imitate unsafe behaviors and violate social ethics, or induces minors to behave badly; is political propaganda; is fraudulent, false, inaccurate or misleading;
(18) infringes upon the intellectual property rights of others, or involves trade secrets or other proprietary rights of third parties;
(19) insults, slanders or intimidates others, or infringes upon the privacy or other legitimate rights and interests of others;
(20) contains viruses, trojans, crawlers or other malicious software or program codes that may damage, tamper with, delete or affect the normal running of any system of BMW Internet Platforms or cause unauthorized access to data of BMW and other users;
(21) adversely affects the network ecology; or
(22) is otherwise prohibited by national laws and regulations, or conflicts with the public interest, public morals or customs.
MyBMW has the right (but not the obligation) to refuse, delete or transfer storage of anything posted by the User on MyBMW, and shall bear no liability to the User or any third party for any loss arising therefrom.
MyBMW has the right to store or lawfully disclose any contents posted by the User on MyBMW. The username and/or profile picture used and contents posted by the User on MyBMW, as well as the personal information used in registration are deemed as contents that the User has full title to and intellectual property rights in (“User Fully-owned Contents”). The User unconditionally grants BMW and its Affiliates a permanent, royalty-free, irrevocable, unconditional and worldwide license to use his/her User Fully-owned Contents for the purposes of provision and promotion of BMW Internet Platforms and/or BMW Internet Services, which uses include, but are not limited to, reproduction, modification, publication, translation, compilation, adaptation and distribution of such contents or creation of derivative works (in which the intellectual property rights shall be owned by BMW and its Affiliates), incorporating such contents into other works using any means, media or technology, whether known or developed in the future, sublicensing such contents for use by third parties, as well as collecting evidence and initiating actions against any third party in their own names for infringement upon such contents, in each case without giving any further notice to the User. The User shall not reproduce, sell or use for any commercial purpose any contents that are not his/her User Fully-owned Contents or any services/products provided on MyBMW.
When you are using a certain service provided by MyBMW, such service may be subject to, inter alia, a separate agreement or relevant business rules (“Separate Agreement”), including but not limited to other provisions set forth in this Article. Before using such service, please read and agree to the relevant Separate Agreement. By using such service, you are deemed to have read and agreed to be subject to the relevant Separate Agreement. Any other matter that is set forth herein but not in a Separate Agreement shall be governed by the provisions of this Agreement.
6.2. Online Shopping Service
The purpose of this service is to find your favorite BMW products and dealer information. Through BMW official mall service, you can choose and purchase BMW cars (“New Car Channel”) and BMW aftersales products and services (“Aftersales Channel”).
In the New Car Channel, you can search your favorite car model and select any dealer among the BMW authorized dealers participating in the service, leaving the information on your intention to purchase a new car, and the information on your intention to book a test drive. The mall will timely send information to the BMW authorized dealers selected or allocated on the platform, and the dealers will provide you with relevant follow-up services. You could view recommended car models which support configuration preview in new car store, and main configuration parameters and optional information. In the meanwhile, you could add or delete related items according to the recommendations and have a preview of your car model with customized configurations. For some specific types of electric vehicles, you could find out the new car mileage battery life and the number of charging stations within the mileage.
In the second-hand car mall, we will, or through third parties, provide you with services for sale and purchase of second-hand car or car replacement service based on the car purchase intention, the car purchase, sale or replacement information left by you in the second-hand car mall of MyBMW. After you leave information on the relevant page, the dealers will get in touch with you and provide you with follow-up offline services.
The Aftersales Channel provides you with diversified products and services, including OEM BMW brand parts, BMW lifestyle homeware, BMW aftersales service coupon. If you intend to purchase any product, you will leave this APP and go to a third-party website for payment transaction when you start the purchase process. Once you leave this APP, BMW is not liable for any of your personal information provided to any third party website and/or your payment on such third party website.
The mall will provide you with the service for searching the relevant information on BMW authorized dealers, including name, address and contact information. You can directly contact the dealers for communication based on your search result, and BMW will not interfere, nor will it be responsible for your communications with such dealers.
6.3. BMW China Membership Alliance Service
This service is a membership-based incentive program across China, which is specially designed for you by BMW. We cooperate with many partners to provide you with a variety of points accumulation channels and a variety of membership benefits. You can accumulate points when you spend money (including hotel accommodation, flight travel, food and beverage consumption, etc.) at BMW dealers who have joined the membership alliance, so as to gain various membership benefits. BMW China Membership Alliance preferential incentives include but are not limited to:
(1) You can enjoy a wealth of preferential activities that BMW and BMW dealers provide to you, including irregular free card coupons, special packages, and limited time discount.
(2) You can enjoy preferences and incentives provided by BMW partners.
(3) You can enjoy membership upgrade by completing the membership owner certification.
6.3.1. Dealer Discount Activities
You can get a discount according to our rules published in due course if you purchase from BMW dealers. We will publish such rules uniformly, and none of the BMW dealers has the right to interpret such rules.
BMW dealers can have their own membership cards and points systems independent of BMW China Membership Alliance program. If you are a member of one or more BMW dealer discount incentive programs, you may refer to your corresponding points with the relevant dealers (the points information is only displayed for reference, and if there is any error, omission or delay in updating, we will not be liable for it) under the column “My Dealers” of BMW China Membership Alliance.
6.3.2. BMW Partners
BMW has established brand level cooperative relations with excellent brands in all fields of China and even the world, including preferential treatment for members, joint activities, issuing coupons, etc. You can enjoy diversified benefits and exclusive services brought about by BMW partners according to the duly published rules.
We are not being liable for any conduct of the BMW partners and/or their incentive plans or services, which will be governed by the rules for incentive plans or service requirements published by the partners.
All BMW partners are third parties independent of us. No information in any materials that are related to these terms and conditions (including but not limited to the term “partner”) shall be interpreted that there are any official agency relationship, partnership or joint venture relations between us or BMW and BMW partners. Your operation on the websites of these BMW partners is subject to the terms and conditions of these websites, we or BMW is not liable for it.
6.3.3. Membership Levels
BMW China Membership Alliance has four membership levels: blue card, silver card, gold card and black card. For more information, please refer to the Rules of Membership Levels and Benefits.
6.3.4. JOY Coin
Through consumption or other behavioral activities, you can obtain certain points (in the form of “JOY coin”), which can be used to redeem relevant goods or services in the “JOY Coin Mall” online. For more details and the points acquisition and redemption rules, please refer to the JOY Coin Rules on Members’ Redeemable Points. BMW reserves its right to update its bonus points features.
After you become the member of BMW China Membership Alliance, you will have the right to redeem your redeemable points in the JOY Coin Mall. You can redeem goods or services displayed in the JOY Coin Mall of BMW China Membership Alliance through the JOY Coin Mall services. The redemption shall be governed by the provisions of Part 5 of this Agreement.
6.3.5. Membership Coupons
Members of BMW China Membership Alliance can get coupons by ways as follows:
(1) BMW will issue from time to time coupons to its members, including discount coupons, event coupons, etc.; and
(2) Participation in specific activities held by BMW.
The coupons described above will be added directly to your membership account.
Coupons shall be used within the validity period, and it cannot be used to refund the money or exchange for new coupons. Please read the event instructions carefully before acquiring the coupons and consumption. The benefits of the coupons are subject to changes without prior notice. Overdue, lost or stolen coupons cannot be reissued and cannot be used. If the coupons have not been used after expiration, the corresponding payment amount or points cannot be refunded. BMW has the right not to have the expired coupons redeemed without any compensation.
For gift coupons and coupon-related events organized by BMW dealers and BMW partners, the relevant rules and rights to interpret the same shall be vested with BMW dealers and BMW partners. You shall comply with the terms and conditions formulated by the merchants that issue such coupons in your use of the coupons, and BMW is not liable for it.
6.4. Book Test Ride and Test Drive Services
We provide you with online test ride and test drive booking services. When you complete booking on the corresponding booking page, the dealer will contact you and provide the follow-up offline service.
6.5. BMW Charging Wallbox Control Application Service
Some BMW Charging Wallboxes support mobile phone control App. If your BMW Charging Wallbox supports mobile phone control App, you can use such service function of this APP and connect the Wallbox with your mobile phone through blue tooth, and use functions such as starting charging, accessing charging data, account management and others of BMW Charging Wallbox.
The initial username and password of the user for login are pasted on the first page of the user manual of the Wallbox. For the specific method for use of the application, you may refer to the contents of the user manual of the Wallbox.
Some models of BMW Charging Wallboxes do not support such service and function. Please consult with BMW authorized dealers for details.
6.6. BMW Assistant Service
We provide you with BMW Assistant service. There are multiple entry points in MyBMW for this service, and you can communicate online with customer service colleagues through BMW Assistant service.
6.7. My Prizes
After the lucky draw process, users can redeem prizes according to the rules of lucky draw in personal center.
BMW has been concerned about and attached great importance to your data security and personal privacy all the time. We have formulated and implemented a relevant privacy protection policy, of which the details are set out in the Privacy Policy. You agree to and accept the Privacy Policy as updated from time to time by us and agree that we may collect, store, use, disclose and protect your personal information in accordance with such policy. Please stop registering a BMW ID or using MyBMW immediately if you do not accept the Privacy Policy.
In using BMW Internet Platforms and BMW Internet Services, the User agrees to comply with all applicable laws, regulations, rules and normative documents, including but not limited to the Law of the People’s Republic of China on Guarding State Secrets (《中华人民共和国保守国家秘密法》), the Regulations of the People’s Republic of China for Safety Protection of Computer Information Systems (《中华人民共和国计算机信息系统安全保护条例》), the Cybersecurity Law of the People’s Republic of China (《中华人民共和国网络安全法》), the Regulations for the Protection of Computer Software (《计算机软件保护条例》), the Administrative Measures on Internet Information Services (《互联网信息服务管理办法》), the Provisions on Ecological Governance of Network Information Content (《网络信息内容生态治理规定》) and other laws, regulations, rules and normative documents on computers and Internet.
During your use of this APP, you agree to strictly comply with the following obligations:
(1) You shall not carry out such illegal activities as money laundering, stealing trade secrets, stealing personal information;
(2) You shall not illegally transfer materials or data to overseas;
(3) You shall not interfere with the normal operation of this APP in any way, including but not limited to addition, deletion, or change of website features or operation effect through modifying or forging operation instructions or data or by using a third-party tool, nor shall you invade into this APP or other computer information system;
(4) You shall not make any reverse engineering, de-compilation, or disassembly of this APP or otherwise attempt to discover the source code of this APP;
(5) You shall use BMW ID only by yourself, and shall not use this APP or BMW ID to carry out profit-making activities;
(6) You shall not release any content infringing upon the personal information, intellectual property or other legitimate rights of others; or
(7) You shall not engage in other acts prohibited by laws and regulations.
Please be kindly noted that we or BMW may directly cease providing services/products to you, restrict logins using and privileges attached to your BMW ID and/or terminate your BMW ID without giving prior notice if we or BMW has reasonable grounds to believe that your act may violate the aforesaid laws, regulations, rules and normative documents, in which case we or BMW shall bear no liability for breach or damages therefor. You may make a complaint through the contact information set out at the end of this Agreement if you have any objection to such treatment.
8.2. Provision of Personal Data
The User shall, by adhering to the principles of integrity, legitimacy and good faith, provide complete, true and accurate personal data in order to register an account, obtain rights and interests as a user and receive/use services/products, and shall promptly update such data if the same changes. Please be kindly noted that we or BMW may directly cease providing services/products to you, restrict logins using and privileges attached to your BMW ID and/or terminate your BMW ID without giving prior notice if you violate this Article 8.2, in which case we or BMW shall bear no liability for breach or damages therefor. You may make a complaint through the contact information set out at the end of this Agreement if you have any objection to such treatment.
8.3. Keeping BMW ID Properly
You shall keep your BMW ID and password properly. Furthermore, you shall be responsible for all acts taken under your BMW ID. For safety reasons, the account password shall be different from the passwords for email, personal online banking, credit card, etc.
8.4. Personal Use of BMW ID
You shall warrant that the user of your BMW ID is limited to yourself and you will not abuse your BMW ID to seek improper benefits. For example, falsely claiming for privileges attached to your BMW ID by others, or transferring privileges attached to your BMW ID to others without the prior consent of BMW is not allowed. BMW Internet Platforms prohibit the User from acquiring services/products using any other user’s BMW ID or lending his/her BMW ID to others. Please be kindly noted that we or BMW may restrict, suspend or terminate logins using and privileges attached to your BMW ID and/or terminate your BMW ID, as well as refuse to provide all or part of services/products to you if you violate this Article 8.4. In such case, you agree to bear any direct or indirect losses, costs, expenses and fines arising therefrom, and we or BMW shall bear no liability for breach or damages therefor. Furthermore, you shall be solely responsible for handling and settlement of any dispute with any third party resulting therefrom. Where we or BMW finds or has reasonable grounds to believe that the user of your BMW ID is different from its registrant, we or BMW may directly cease providing services/products to you, restrict logins using and privileges attached to your BMW ID and/or terminate your BMW ID without giving prior notice, so as to keep the account safe and protect the rights and interests of the User.
You understand and acknowledge that except as otherwise specified, the intellectual property rights, statutory rights, qualifications and interests in or to all contents provided by MyBMW, including but not limited to software, source codes, technologies, programs, webpages, texts, pictures, images, audio, video, graphs, layout, electronic documents, services and products, shall be owned by BMW/its authorized dealers/its service providers/proper owners, regardless of whether such rights have been registered or not and wherever such rights may subsist.
9.2. Ownership of Intellectual Property Rights in Logos of MyBMW
Except as otherwise specified, all logos used by MyBMW, including but not limited to model names, company logos, marks, brands and images, shall fall under the scope of trademark rights enjoyed by BMW/its authorized dealers/its service providers/proper owners.
9.3. Other Requirements
Texts, images, graphics, audio, animations, video, and their arrangements on MyBMW are protected by laws and regulations and international treaties on copyright and other intellectual property rights. You shall not reproduce such contents for commercial purposes or modify or release the same on other platforms in any way whatsoever.
You understand and agree that you shall grant BMW a permanent, royalty-free and irrevocable license to use, in any way and through any medium, the contents posted by you on MyBMW and provided by you when using such platforms and services, including but not limited to software, source codes, technologies, programs, webpages, texts, pictures, images, audio, video, graphs, layout, electronic documents, services and products, which uses include, but are not limited to, modification, reproduction, distribution, transmission, public display, execution, publication, sublicensing or publicity of such contents or creation of derivative works, and using or authorizing others to use your name, portrait, profile, voice, video and photos for the purpose of establishing an association between you and the contents you have posted (if applicable). Meanwhile, you are encouraged to provide feedbacks to BMW. You agree that BMW may unrestrictedly use, in any way whatsoever, all feedbacks provided by you on BMW Internet Platforms including MyBMW, BMW Internet Services, and other BMW products and/or services, including but not limited to comments, advice, opinions, complaints and other feedbacks. You further agree that BMW owns any and all intellectual property generated according to or based on such feedbacks.
9.4. Proprietary Rights Notice
You shall not delete, hide, modify or replace any proprietary rights notices (including but not limited to copyright, trademark, patent and proprietary notices) attached to or contained in MyBMW, or any copyright markings, trademarks, service marks, logos, trade names, corporate names or other distinctive marks of BMW/its authorized dealers/its service providers/proper owners. Furthermore, some contents may include elements in which the copyrights are enjoyed by their providers and that are protected by such copyrights. Therefore, please kindly be noted that the contents contained in MyBMW shall in no event be construed as granting any person a license to use any of our intellectual property.
We will perform our obligations pursuant to the provisions of laws, this Agreement and other relevant agreements, provided that you understand and agree that since MyBMW runs and provides BMW Internet Services on the basis of internet and/or mobile internet, risk factors such as Force Majeure may arise in using MyBMW, resulting in impeded, defective or delayed performance of services, change of obligations, or interruption or termination of MyBMW services.
For majeure means any objective event that is unforeseeable, insurmountable and unavoidable and has a material effect on a party or both parties, including but not limited to strikes, riots, insurrections, unrests, fires, floods, storms, explosions, wars, public health events, network and network equipment maintenance or connection failures, computer and communications-related system failures, power failures, government actions, changes in laws and regulations, orders of judicial and administrative authorities, or inability to