MYBMW USER AGREEMENT (Information SERVICES)
This User Agreement is updated in September 2021.
This MyBMW User Agreement (Information Services) (this “Agreement”) is applicable to your use of certain functions (“Navinfo Services”, see Part 5 of this Agreement for details) of MyBMW in the People’s Republic of China (excluding Hong Kong Special Administrative Region, Macao Special Administrative Region, and Taiwan Region, hereinafter, “PRC”) and your relationship with Navinfo Co., Ltd. (“Navinfo” or “Operator”), the operator and service provider of this part of service. In order to use Navinfo Services, 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 use of Navinfo Services immediately. If you have ticked “I agree”, “Register now”, “Accept and continue” or similar expressions or used, redeemed or accepted any of Navinfo Services, 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 use Navinfo Services, 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 Navinfo Services, 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, the liability and obligations under this Agreement shall be solely borne by Navinfo, without any joint and several liability or obligation on any other party. In particular, Navinfo may appoint a third party to operate or provide Navinfo Services and/or certain contents/services of Navinfo Services, 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. Navinfo Services do not apply to any natural person who has not attained 18 years of age. In order to use Navinfo Services, you undertake that: (1) you have attained 18 years of age; and (2) you are not prohibited by applicable law from using Navinfo Services. 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.
The actual operator of Navinfo Services under this Agreement may change with an adjustment of the business, and the successor operator of Navinfo Services will then perform this Agreement with you and provide services for you. In addition, certain services of Navinfo Services 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. Navinfo Services in MyBMW are only available to a User that has registered a BMW ID. When using the services, the User shall fully accept all the terms and conditions in this Agreement. This Agreement constitutes a formal and binding document between Navinfo and the User.
2.2. 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 Navinfo may not fully set out and include all the rights and obligations of you and Navinfo, and it is not guaranteed that the existing provisions may fully fit the needs of future development. Accordingly, this Agreement shall include any agreements, internet platform rules and other documents that may be released by Navinfo from time to time in respect of Navinfo Services. Should Navinfo amend any term herein or 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 internet platforms. The User is obliged to follow and read any updated version of this Agreement and relevant rules from time to time. If the User does not agree to such Update, he/she may cease using Navinfo Services immediately. If the User continues to use Navinfo Services after the Update above has come into force and effect, the User shall be deemed to have accepted the Update.
2.3. Other Requirements for the Application of the Agreement
2.3.1. Unless otherwise expressly provided, this Agreement shall unconditionally apply to any improvement, upgrade or enhancement of any existing function of Navinfo Services, as well as any addition of products and services to Navinfo Services.
2.3.2. You understand and agree that we may change the contents of Navinfo Services, or discontinue, suspend or terminate such services with any adjustment of business strategies.
2.3.3. All information on Navinfo Services shall only apply to the Chinese market.
2.3.4. 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 Navinfo, and you shall contact the authorized dealer you have selected or the actual provider of the relevant products/services for such issues.
MyBMW services do not apply to any natural person who has not attained 18 years of age. In order to use MyBMW services, you undertake that: (1) you have attained 18 years of age; and (2) you are not prohibited by applicable law from using MyBMW services.
3.2. BMW ID
You may register a BMW ID provided by BMW through this APP and enjoy relevant services provided by the Operator using BMW ID.
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.
4.2. 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 us, 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 in Navinfo Services, 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.
5.2. Community Service
We will provide the specific contents of Community Service in this APP according to the actual situation, including but not limited to the opinions, comments, pictures, videos, forwarding links, etc. released by the User by using this APP service. We have the right to upgrade or otherwise adjust the service or product form provided, and will timely update the pages/inform the User.
During the use of Community Service in this APP, the User shall enjoy legal rights and assume corresponding legal liabilities for his/her use of the services and any information released or disclosed through this APP service. Meanwhile, the User agrees that (1) BMW China and its affiliates and us have the right to use the content of this APP (i.e., any information released by the User in this APP, such as words, pictures, videos and audios) without being limited by time and location; and (2) without our prior written notice, the User shall not illegally capture by him/herself or authorize or assist any third party to illegally capture the content of this APP. “Illegal capture” means any act of access to content data by taking such technical means as procedural or abnormal browsing.
Without our prior written consent, the User shall not access this APP platform or collect any content of this APP in any way either by himself/herself or by entrusting any third party in violation of the above provisions.
To the extent permitted by laws and regulations, the User agrees and authorizes us to take legal actions in any form, including but not limited to complaints, lawsuits and other necessary rights protection measures, in respect of act of infringing the User’s legitimate rights and interests (including but not limited to unauthorized copying, use, editing and plagiarizing).
The User should follow the BMW community provisions when using the community service. Please read the provisions via the below link carefully; if you are under 18 years old, please read the provisions under your guardian’s accompanying. If you have any concern about any terms of the BMW community provisions, you can choose not to use the community service; using the community service would mean than you have agreed to follow all provisions, and would follow the community management process.
Please find the detailed provisions by clicking the following link: https://h5-mybmw25.bmw-emall.cn/mybmwh5/#/articleDetail?articleId=1232207&share=true
Should you have any question regarding the interpretation and execution of the provisions, please contact admin@mybmwclub.cn, and we would provide explanation based on the relevant provisions.
5.3. Search BMW Dealer Service
This APP can search your nearby BWM dealers according to your need. The specific procedures for operation are as follows: when you need to search nearby BMW dealers, this APP may, with your consent, send your current location to map server to locate BMW dealers nearest to you, and then return the dealers’ location information to this APP for you to view and select. You can appoint service hours with supporting dealers. These data will not be shared with any third party other than BMW China and its affiliates.
5.4. Search Function
This APP has a search function, you can search the address or points of interest through this APP. The specific steps for operation are as follows: when you need to search the address or point of interest through this APP and have fixed your location, this APP will send the search string and the starting point to the map search service provider, and generate the location or address list according to the corresponding search criteria. Unless you delete the destination history list, the search history will be stored in your local device.
5.5. Charging Information Service
5.5.1. Public Charging Information Integration Service
This service integrates the public charging information of different charging operators by means of data aggregation and provides screening service, such as viewing the charging stations using green energy.
This APP only provides information service and the actual charging service provider is the charging operator connected into the platform. Any charging service problems you encounter during the charging process shall be dealt with and solved by the charging operator that actually provides public charging services, and shall be subject to the charging terms and conditions issued by the charging operator that you agree separately, and have nothing to do with this APP.
5.5.2. Park & Charge Service
This service integrates the service information of different Park & Charge service providers through data aggregation. This APP only provides information services here. The actual Park & Charge service provider is the Park & Charge service provider connected into the platform. Any service problems you encounter during the service process should be resolved with the Park & Charge service provider that actually provides the Park & Charge service on the basis of the terms and conditions of the service issued by the Park & Charge service provider that you have agreed separately, and have nothing to do with this APP.
5.5.3. QR Code Quick Charge Service
5.6. Aftersales Service Appointment
You can use the dealer to make an appointment service in this APP. When you search for a nearby BMW dealer, you can make an appointment with the selected dealer, but you need to provide the User’s frame number, license plate, model, contact name, phone number and accumulated mileage of the vehicle. Such User’s contact information will be sent to the dealer so that the dealer can contact you to confirm the appointment time. If cancellation of the appointment is allowed, you can cancel the appointment on this APP. You can rate the dealer’s service after making an appointment for maintenance. The scoring evaluation will be sent to the BMW dealer so that the BMW after-sales business department can supervise and evaluate the services provided by the dealer.
5.7. Vehicle Pick-up and Delivery Service
You can book the pickup service and delivery service provided by the dealer on this APP.
Fill in the license plate number, select the pickup/delivery time, and pickup/delivery address to submit the order. The contact’s name and mobile phone number will be the account name and mobile phone number by default. Car pick-up/delivery shows the supported dealers by default. Priority: the dealer with the most recent service appointment/pick-up or delivery service > the User’s preferred dealer. At the same time, the User can change the customer information and dealer reserved for the order.
After agreeing to the terms and making an appointment, the above information will be sent to the dealer system so that the dealer can contact you to confirm the appointment time. Pick-up: The dealer will send a service person to pick up the vehicle and drive your vehicle to the dealer. Car delivery: The dealer’s service personnel will drive your car back to your designated place after completing the maintenance.
5.8. Road and Accident Rescue
You can call the rescue center on the road and accident rescue interface. If you agree to share location information, your current vehicle location/mobile phone location (vehicle location first) will be sent to the rescue center along with the contact’s name and phone number. The rescue center will call to confirm the situation and send a trailer to the location of your vehicle as needed. This APP will update the status of the latest rescue cases and provide real-time location and driver information of the trailer. In this APP, you can search and query only the processing status of the current case.
5.9. Service Status Tracking
When your BMW is under maintenance at a dealer, you can check the vehicle maintenance status in real time through the service status tracking function. The dealer staff will create work orders and chat rooms based on your mobile phone number, and your logged-in mobile phone number will be sent to the after-sales system to check whether there are ongoing work orders and chat rooms. Only work orders and chat rooms created by dealer staff in the dealer system in respect of which the vehicle has entered the site and less than 24 hours have lapsed after the completion time will be displayed in the service status tracking.
5.10. My Vehicle
“My Vehicle” and corresponding services will be enabled while you activate the BMW ConnectedDrive. Detailed service descriptions may be referred to at: BMW ConnectedDrive Services Terms and Conditions.
5.11. My Journey
“My Journey” and corresponding services will be enabled while you activate the BMW ConnectedDrive. Detailed service descriptions may be referred to at: BMW ConnectedDrive Services Terms and Conditions.
5.12. City List
You can select different cities through the city list to assist in finding LBS services such as gas stations, charging stations, dealers, etc. By default, the current city will be determined based on the current location.
5.13. Intelligent Reminder
You can create reminder tasks in this APP. The User can create three types of reminder events based on event/time/memo. We will push notification to you when conditions for reminding have been satisfied for event-based tasks and time-based tasks. You can also check the memo at any moment after recording for memo-based reminder.
We have 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 using MyBMW services immediately if you do not accept the Privacy Policy.
In using MyBMW, 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 have reasonable grounds to believe that your act may violate the aforesaid laws, regulations, rules and normative documents, in which case we 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.
7.2. 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 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.
7.3. 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.
7.4. 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 find or have 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.
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 provide or delay in providing services/products due to other force majeure or omission by third parties (“Force Majeure”). Navinfo, BMW and its affiliates shall not be liable to the User for any damages arising therefrom.
Unless otherwise provided by law, Navinfo, BMW and its affiliates shall bear no liability for any problem concerning services/products provided by authorized dealers to the User or any loss incurred due to such problem. In such case, the User and the relevant authorized dealer shall reach a solution through negotiation.
9.2. Limitation of Liability for Services/Products Provided by Third-party Service Providers
For the convenience of the User, third-party links, services or products may be provided in Navinfo Services. When clicking on a third-party link or using services/products provided by a third party, the User shall otherwise comply with the relevant service agreement and rules of the third-party service provider and bear risks that may exist. Navinfo, BMW and its affiliates make no warranty of any kind with respect to such third-party links or services (including but not limited to the updatedness, accuracy, completeness and necessary authenticity of information provided on external websites), and shall bear no liability for damages related thereto. Any dispute arising from third-party links or services/products shall be resolved by the User and the relevant third party through negotiation.
9.3. Limitation of Liability for Invoking Third-party Systems, Software or Platforms
When the User attempts to receive a service or product in Navinfo Services, a third-party system, software or platform may be invoked to support the use or access by the User, and the result of such use or access (including but not limited to the contents accessed through third-party open platforms) will be provided by such third party. We make no warranty as to the safety, accuracy, effectiveness of or other uncertain risks associated with the services, products or contents provided by third parties, and Navinfo, BMW and its affiliates shall not be liable for any dispute or damage arising therefrom.
9.4. Limitation of Liability of MyBMW
To the extent permitted by law, Navinfo, BMW and its affiliates (1) do not make any warranty and representation, either implied or extended (for example, warranties of merchantability, suitability for a particular purpose, data accuracy and non-infringement); (2) do not warrant non-interruption or error-free of MyBMW service; and (3) provide BMW service (including content and information) on an “as is” and “availability” basis.
To the extent permitted by law, Navinfo, BMW and its affiliates shall not be liable to the User or others for any direct, indirect, incidental, consequential or punitive damages related to loss of profit, business reputation or data or other tangible or intangible losses incurred due to the use by the User of MyBMW or for any loss of data or points. Even if Navinfo, BMW or its affiliates have been informed of the possibility of similar loss or even if remedial measures are not effective, this limitation of liability is part of your agreement on the use of MyBMW and applicable to all claims of any nature whatsoever (for example, security, tort, negligence, contract, or law).
To the extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential or punitive damages related to any tangible or intangible losses incurred to the User due to any content or information on MyBMW which is uploaded and edited by authorized dealers or service providers.
Please be kindly noted that we make no warranty as to, including but not limited to:
(1) the fitness of MyBMW for use by the User;
(2) the non-disturbance, non-interruption, timeliness, safety, reliability or no error of MyBMW services;
(3) the consistency of any service, product, experience, information or material received by the User through MyBMW with his/her expectation and any warranty and representation, either implied or extended (e.g. warranties of merchantability, fitness for a particular purpose, data accuracy and non-infringement);
(4) the accuracy of information contained in MyBMW. We make every endeavor to provide accurate information, but there may exist wrong, inaccurate or outdated information. You shall solely bear all risks associated with your use and browsing of MyBMW, and we make no representation or warranty with respect to the products or services of MyBMW. Considering that the parties concerned may change relevant information from time to time or set specific requirements on the applicability of relevant information, we cannot guarantee the accuracy of information contained in MyBMW. References to products or services do not mean that the same can be actually bought or acquired from authorized dealers or service providers. For more information about products or services available or orderable, please contact authorized dealers or service providers.
Navinfo, BMW and its affiliates are not liable to compensate for any loss or damage incurred to you as a result of the aforementioned matters.
You shall provide Navinfo, BMW and its affiliates with true and effective contact information (including your email address, telephone number, mailing address, etc.) in order to use MyBMW. You shall promptly update your contact information if the same changes, so as to keep yourself contactable all the time.
Navinfo, BMW and its affiliates will give various notices to you through one or more of the contact methods mentioned above. Please keep yourself updated with such notices because their content may have a material positive or adverse effect on your rights and obligations.
11.2. Delivery of Notice
Written notices issued to you by Navinfo, BMW and its affiliates using the aforementioned contact information shall be deemed to be given after sending successfully if they are sent by electronic means, including but not limited to SMS sent to your telephone number and email sent to your email address, or deemed to be given on the fifth calendar day after being deposited with the post office/courier service provider if they are sent by mail or courier service to the mailing address provided.
You shall warrant that the contact information provided is accurate and effective and shall update the same in a timely manner. You shall solely bear all legal consequences that may result from any failure to give or delay in giving notices due to inaccurate contact information provided or your failure to promptly provide updated contact information.
The execution, effectiveness, interpretation, modification, supplement, termination and performance of this Agreement and resolution of disputes hereunder shall be governed by the PRC laws. Any matter not covered by laws may be handled in accordance with business and/or industry practices.
12.2. Jurisdiction
Any dispute arising from or in connection with this Agreement shall be resolved by the parties through amicable negotiation. If negotiation fails, either party may initiate an action with the competent people’s court of the place where this Agreement is concluded, i.e. Chaoyang District, Beijing, the PRC.
12.3. Severability
If any provision of this Agreement is held to be void, invalid or unenforceable, such provision shall be deemed to be severable and shall not affect the validity or enforceability of the remainder of this Agreement.
This Agreement and MyBMW User Agreement (Basic Services) shall complement each other. Matters not covered by this Agreement shall be governed by MyBMW User Agreement (Basic Services).
13.2. Language
This Agreement is made in both Chinese and English. If there is any discrepancy between the two language versions, the Chinese version shall prevail.
13.3. Headings
All headings of articles used in this Agreement are for convenience of reference only, and shall have no substantial meaning and not serve as basis for the interpretation of this Agreement.
13.4. Contact Us
If you have any question about the contents of this Agreement or intend to inform us of any matter, please contact [Navinfo] through [BMW_Helpdesk@navinfo.com].
Thank you for reading!