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Terms and conditions of BMW Ville de Québec

January 1st, 2018

By using this website, you agree to abide by these terms and conditions of use (hereinafter referred to as the "Conditions"). If you refuse, please do not visit this site. We reserve the right to modify or revise these Conditions from time to time. Please visit this page each time you visit this website or those of our respective partners to keep you informed of the Conditions in force.

1.0 External links on this web site

For your convenience and pleasure, this site may contain links to websites not directly owned by BMW Ville de Québec or D2C Media (our web partner who developed this website and is responsible for maintaining it). Please note that the content of these websites cannot be controlled or influenced by BMW Ville de Québec or D2C Media. Moreover, BMW Ville de Québec or D2C Media cannot be held responsible in any way for the content of these websites or for any consequences related to their use. In the event that you decide to order goods or services on these websites, please be informed that BMW Ville de Québec and D2C Media are not involved in these transactions and assume no direct or third party liability related to these transactions. Links available on this web site will allow you to link to web sites not maintained or controlled by our dealership. Our dealership provides these links for your convenience only and makes no endorsements, warranties or representations of any kind whatsoever regarding those other web sites and assumes no responsibility for content on third party web sites. Please be aware that you link to these third party web sites at your own risk.

2.0 NO WARRANTY

BMW Ville de Québec AND D2C MEDIA MAKE NO REPRESENTATIONS AND PROVIDE NO GUARANTEES AS TO THE ACCURACY OF THE INFORMATION CONTAINED ON THIS WEBSITE AND EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE ANY SUCH INFORMATION. BMW Ville de Québec AND D2C MEDIA FURTHER ASSUME NO LIABILITY WITH RESPECT TO ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE. EVERYTHING PROVIDED ON THIS WEBSITE IS DONE SO ON AN "AS IS" AND "AS AVAILABLE" BASIS. IN THE EVENT OF A DIFFERENCE BETWEEN THE SPECIFICATIONS OF ANY PRODUCTS AND SERVICES HEREIN OFFERED AND THE SPECIFICATIONS PROVIDED BY THE MANUFACTURERS OF SAID PRODUCTS AND SERVICES, THE SPECIFICATIONS PROVIDED BY THE MANUFACTURERS TAKE PRECEDENCE. RESPONSIBILITY FOR VALIDATING THE ACCURACY OF ALL SPECIFICATIONS BEFORE CONCLUDING A TRANSACTION RESTS WITH THE USER.

3.0 Disclaimers and Limitation of Liability.

Our dealership and BMW Group Canada intends for the Content on this web site to be accurate and reliable, however, this web site and the Content are provided to you "as is" and "as available" and without warranty or condition of any kind, whether express or implied. It is your responsibility to verify with our dealership or BMW Group Canada that the Content contained in this web site is accurate. To the fullest extent permissible pursuant to applicable law, our dealership and BMW Group Canada disclaims all warranties, express or implied, including, but not limited to, implied warranties or conditions of merchantability or fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. Our dealership and BMW Group Canada do not represent or warrant that the functions contained in this web site will be uninterrupted or error free, that defects will be corrected or that this web site or that the server which makes this web site available are free of viruses or other harmful components. In no event shall our dealership or BMW Group Canada be liable for any damages whatsoever, including special, indirect, incidental or consequential damages, arising out of or in connection with the use or performance of this web site or any other web site you may access while using this web site or your use of the content, even if 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. Additionally, some jurisdictions, including Quebec, do not allow the exclusion or limitation of warranties made concerning goods or services. If these laws apply to you, some or all of the exclusions and/or limitations presented may not apply to you. Certain products may be available for purchase on this web site. Products displayed on the web site 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. This web site may contain contests, sweepstakes or other promotions ("Promotions") that offer prizes or require you to send in material or information about yourself. Each Promotion has its own rules, which you must read and agree to before you may enter. This web site and related services are provided 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 web site and its services. Check with your mobile carrier for details on what charges may apply to you. Internet transmissions are never completely private or secure. You understand that any communications that you send to this website may be read or intercepted by others. By sending communications to us, you release our dealership and BMW Group Canada from any duty or obligation we might otherwise have to review or act in response to the communication, and of any duty or obligation that we might otherwise have to you in connection with any action we choose to take in response to your communication.

USE OF THIS WEBSITE IS AT THE USERS SOLE RISK. IN NO EVENT WILL BMW Ville de Québec OR D2C MEDIA OR ITS AFFILIATES OR MEMBERS OF THE GROUP BMW Ville de Québec BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING EQUIPMENT DAMAGE, LOSS OF DATA OR FINANCIAL LOSS ARISING FROM ACCESS OR USE OF THIS WEBSITE OR ANY RELATED WEBSITES. WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTY OF ANY KIND. THE INFORMATION ON THIS WEBSITE IS PROVIDED FOR REFERENCE ONLY AND SHOULD NOT BE INTERPRETED AS AN OFFER TO SELL PRODUCTS OR SERVICES FROM BMW Ville de Québec OR D2C MEDIA, ITS AFFILIATES OR MEMBERS OF THE GROUP BMW Ville de Québec. ERRORS OR OMISSIONS MAY OCCUR. IN THE EVENT THAT THIS WEBSITE ALLOWS FOR THE SALE OF ANY PRODUCTS OR SERVICES, SPECIAL CONDITIONS WILL APPLY TO THESE TRANSACTIONS. PLEASE READ THE TERMS OF THESE SPECIAL CONDITIONS BEFORE YOU CONCLUDE ANY TRANSACTION.

4.0 Indemnity.

You acknowledge and expressly agree that use of this web site is at your sole and own risk. You agree to defend, indemnify and hold our dealership, its affiliates and business partners as well as their respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these terms of use by you or users of your account, or in any way arising out of the use of this web site, including without limitation, the placement or transmission of any information or other materials on this web site by you or users of your account.

5.0 User Conduct.

As a condition of your continued access to and use of this web site, 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: As a condition of your continued access to and use of this web site, 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:

E-mail, text, post, upload or otherwise transmit any material through the web site that:

-constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

-infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;

-is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially ethnically or otherwise objectionable;

-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;

-constitutes spamming; or

-is defamatory content, etc.

-e-mail, text or otherwise transmit any material through the web site without the recipient's consent;

-harvest or otherwise collect or store any information (including personal information) about other users of the web site , including e-mail addresses, without the express consent of such users;

-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 web site;

-impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

-attempt to gain unauthorized access to the web site, other computer systems or networks connected to the web site, through password mining or any other means;

-interfere with or disrupt networks or servers connected to the web site or violate the regulations, policies or procedures of such networks;

-use, download or otherwise copy, or provide to any person or entity any web site users directory or other user or usage information or any portion thereof other than in the context of your use of the web site; and

-facilitate or encourage any of the above conduct.

Although you are solely responsible for the content you provide, we may, but are not required to, monitor communications. If we become aware of communications that violate these terms of use or that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, spamming, defamatory, or otherwise objectionable, we may, without notice to you and in our sole discretion (a) delete such material (b) restrict access to or the availability of such material, or (c) take other action as described elsewhere in these terms of use or as we otherwise see fit.

6.0 Ownership / restrictions on used

The Website is owned and operated by BMW Ville de Québec. 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 BMW Lévis, 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 BMW Ville de Québec. 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 BMW Lévis.

Furthermore, all marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of BMW Ville de Québec & BMW Canada or are used under licence by BMW Lévis. No license to any BMW Ville de Québec 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 at mariepier.gauthier@bmwvilledequebec.ca.

7.0 Password and Security

To access certain sections of this website and use it, you will be required to use a user name and a password. It is your responsibility to ensure that you don't reveal your user name or password and that you don't allow anyone else to access your account in your place. You agree to immediately inform D2C Media Inc. of any unauthorized use of your account or any attempt to bypass your account's security that you may become aware of.

Even though we take reasonable measures to protect information that is shared with us, BMW Ville de Québec and D2C Media do not in any way guarantee that information transmitted through your account will remain confidential. It is therefore recommended that users not use their accounts to transmit sensitive or confidential information. Any information provided is strictly at your risk and peril and BMW Ville de Québec, D2C Media and its affiliates will not in any way be held liable for this disclosure.

8.0 Booking Service, Quotes, Reservations & Online Purchases.

If booking services, ordering parts or accessories or reserving a vehicle, our dealership reserves the right to refuse any order you place with us. Our dealership may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our dealership. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. All reservations and transactions made through this web site are subject to our acceptance, which is in our sole discretion. Without limitation, this means that we may refuse to accept or may cancel any reservation or transaction, whether or not the reservation or transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party. The purchase of any vehicle or parts or any other item shall be subject to the terms and conditions of the applicable sale, lease, or financing contract.

9.0 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. Prices and specifications including standard features, accessories, equipment, options and colours are subject to availability and BMW Canada reserves the right to revise pricing and/or specifications at any time, without notice. Please contact us for more information on products and pricing.

Illustrations are representative only. BMW Ville de Québec 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 BMW Ville de Québec vehicles. The purchase of any BMW Ville de Québec 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 BMW ONLINE SHOP.

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

10.0 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 https://www.facebook.com/policy.php

11.0 Governing Law / Jurisdiction

Use of this website and any information contained herein, including links to third party websites, Conditions of use and Privacy Policy will be governed and interpreted in accordance with the laws in effect in Canada and in the province of Quebec and the competent courts of Montreal will have exclusive jurisdiction over any proceedings.

12.0 Contact Us

If you have provided us with personal information via this website or if someone else has provided us with your personal information via this site or any related partner site and you would like this information to be deleted from our databases, please send us an email with your request to support@d2cmedia.ca.

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