MY BMW USER AGREEMENT (BASIC SERVICES)
This User Agreement is applicable to your use of My BMW application software (hereinafter, this “APP” or “My BMW”) 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 LingYue Digital Information Technology Co., Ltd. (“Operator”, “we/us” or “LingYue”), the operation and service provider of this APP, and its affiliates. Unless otherwise specified, BMW China in this Agreement refers to BMW (China) Automotive Trading Co., Ltd. and BMW Brilliance Automotive Ltd.
This user agreement is updated in July 2021. You understand and agree that by clicking “Register now”, “Accept and Go to” or similar word, or by registering or using My BMW, you agree to be bound by this User Agreement and enter into a legally binding contract (“Term of Use”) with us, the core clause of this contract is this User Agreement. If you do not wish to enter into the above agreement with us, please stop registering or using any of My BMW services.
1.1. Services Base on Mobile Network
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.
Users can report the service interruptions to the Operator via 4008006666.
1.2. Modification and Termination of this APP and its Services
The Operator reserves its right to modify or terminate the content of service of this APP in whole or in part, provided however, such modification or termination shall be in line with the user acceptance of the overall scope of this APP. In case of any material modification to the content of service of this APP or termination of service, the Operator will notify the users through this APP. Users may delete this APP from their mobile devices at any time to terminate the use of this APP. The Operator reserves the right to stop provision of this APP at any time, provided that it shall give a notice six weeks beforehand.
1.3. Amendment and Update of User Agreement
We will update from time to time the content of this User Agreement subject to the change of State laws and regulations and as needed for the operation of this APP. In case of any material change to this User Agreement, we will provide you an opportunity for reading and acceptance before the entry into force of such change. If you don’t accept such change, you may log off your account. If you continue to use any of My BMW services after we have released such change or sent a change notice, you will be deemed to have accepted the changed terms.
2.1. Service Eligibility
My BMW services are not applicable to any natural person under the age of 18. To use My BMW services, you undertake that (1) you have reached the age of 18; and (2) you are not prohibited from using My BMW services by any applicable laws.
2.2. BMW Account
You can register BMW account through this App. After registration, you will have your only BMW account with your real name verified mobile phone number as the registration number.
You shall provide legal, true and accurate personal data during your registration of BMW account and use of this APP services, and shall timely update the same in case of any change to your personal data. If any of your personal data provided is illegal, untrue or inaccurate, you shall bear the corresponding liabilities and consequences arising therefrom, and we reserve the right to terminate your use of BMW account and this APP.
You can use all BMW services except BMW ConnectedDrive through your BMW account. You will be the sole holder of BMW account. No other person has any right to your account. You shall not share your account with others, and you shall use your account according to law and relevant terms and conditions as well as this User Agreement.
This APP provides you with the following two ways of logging into your account: (1) your real name verified mobile phone number provided at the time of your registration and the password created by yourself; or (2) your real name verified mobile phone number provided at the time of your registration and the SMS verification code we send to you.
You agree: (1) that you will try to choose a password with high security if you log in by using the first method above; (2) to properly keep the security and confidentiality of your password or SMS verification code; (3) not to transfer any part of your account; and (4) that you will be responsible for any misuse or loss of your password or SMS verification code that is not caused by this APP. You must properly keep BMW account and password and is solely responsible for all your activities by using BMW account.
You shall ensure that BMW account is only used by yourself without violation of relevant laws and regulations as well as user code of conduct, and shall not seek illegitimate benefits by using BMW account, for example, falsely claiming for membership rights and interests, etc. You are responsible for all acts and events occurred to your account, except that the account you reported is misused, which is substantiated.
3.1. Product/Service Information
User expressly acknowledges and agrees that the product/service information in this APP may change from time to time without special notice. The product/service information is subject to the confirmation of the authorized dealers/actual service providers, which is fully known and fully understood by the users. Despite our best efforts, this APP cannot avoid such situation as shortage of goods in the purchase order you have submitted, price tag error and so on due to the impact of market change and various uncontrollable factors. To avoidance misunderstanding, if any product or service to be purchased/exchanged by you in your purchase order is in short supply, or has price tag error, you shall have the right to cancel the order, and the authorized dealers/actual service providers shall also have the right to cancel the order by themselves. If you have paid for such product or service, the authorized dealers/actual service providers will refund the payment to you.
On the page that only shows the reference amount or indicates the suggested sales price, such amounts shown in this APP are the retail price suggested by the manufacturer or the quotation of specific authorized dealer on specific product or service for certain period, and do not have any binding force. The authorized dealers decide at their own discretion on the actual sales price of the product and/or service, which may be changed when the users accept service in the shop of such authorized dealers or purchase services on the website of such dealers. For the specific retail transaction price, product configuration, service content and details of transaction, please consult with the authorized dealers for confirmation.
3.2. Purchase Order
To place an order by using this APP, you shall have the capacity to civil rights and the capacity to act upon those rights in order to purchase/exchange products or services. When you place an order, we will deem you have satisfied the aforesaid conditions, and you will be responsible for the authenticity of all information you have provided in your purchase order.
When you place an order, please carefully confirm such information as the name, price, quantity, model, specification, size of the product or service, contact address, telephone, and consignee. If the consignee is inconsistent with you, the consignee’s act and manifestation of intention are your act and manifestation of intention, and you will be jointly and severally liable for the consignee’s act and manifestation of intention.
You understand and agree that the relevant information as shown in this APP is only an invitation to offer, you need to fill in the quantity, price of products to be purchased as well as method of payment, consignee and delivery address when you place an order. The order generated from the system is the data generated by the computer information system based on what you have filled in, and is a contract offer you send to the actual product or service provider, who shall then send confirmation for such product or service that you wish to purchase, thereafter, will establish a contract relation with you in respect of the confirmed service. If the actual provider for such product or service only sends confirmation on part of the product or service in your purchase order, then a contract relation will be established between you and the actual provider of product or service only in respect of such part of product or service. For digital products such as e-service coupon and online recharge, the contract will be established once you place an order and pay for the products.
3.3. Earnest Money
If you intend to pay earnest money to the selected dealer for your selected new car, the amount of the earnest money is that of the standard earnest money as shown on the webpage, and payment for such earnest money will be completed on the third-party payment platform. The earnest money can be refunded by you or the dealer until the vehicle purchase contract is signed. The earnest money is an agreement between you and your selected dealer, and BMW is not liable for such payment transaction and your agreement with any dealer.
3.4. Delivery of Product/Service
The product you purchase/exchange in this APP will be delivered to the delivery address specified by you in this APP. You shall accurately provide your delivery address, contact person, contact information, and other delivery information. The product you purchase should only be accepted by the contact person you fill in after the identity authentication. Any loss caused by the change of contact person or other delivery information will be borne solely by you.
The product you purchase/exchange in this APP will enjoy the relevant services as specified by yourself according to the requirements of the service term of use. If you are unable to enjoy the services due to any error in the relevant information you fill in, the relevant losses will be borne solely by you.
If the product cannot be delivered or the services cannot be provided due to the following circumstances, we will not be liable for it: (1) the information you provide is erroneous or not detailed; (2) the product is not signed for receipt or rejected; (3) the requirements for acquiring the services that are published in advance are not satisfied; and (4) force majeure.
4.1. BMW Official Mall Services
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. For some specific types of electric vehicles, you could find out the new mileage car battery life and the number of charging stations within the mileage.
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 dealer for communication based on your search result, and BMW will not interfere, nor will it be responsible for your communications with such dealers.
4.2. 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 member rights and interests. 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 distributors 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.
4.2.1. 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 incentives programs, you may refer to your corresponding points in the relevant dealers (the points information is only displayed for reference, 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.
4.2.2. 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 and BMW China. 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 China and BMW partners. Your operation on the websites of these BMW partners is subject to the terms and conditions of these websites, BMW China and us are not liable for it.
4.2.3. 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.
4.2.4. Joy Coin
Through consumption or other behavioral activities, you can obtain certain points (in the form of “JOY coin”), which can be used to exchange relevant goods or services in the “JOY Coin Mall” online. For more details and the points acquisition and exchange 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 at 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 3 of this User Agreement.
4.2.5. 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. 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.
4.3. 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.
4.4. 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 startup charging, access charging data, account management and other BMW Charging Wallbox functions.
The initial user name and password of the user for login are pasted on the first page of the user manual of the Wallbox. The specific method for use of the application 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.
4.5. BMW Assistant service
We provide you with BMW Assistant service. There are multiple entry points for this service, and you can communicate online with customer service colleagues through BMW Assistant service.
This APP may provide third-party links or services for the convenience of users. If users click the third-party links or use the services provided by the third parties, they shall comply with the relevant service agreements and rules of the third party service providers separately and bear the possible risks. We do not make any warranty in any form for the links or services provided by third parties or assume any liability for damages. Any dispute arising from the links or services provided by third parties shall be resolved by the users and the third party service providers themselves.
6.1. During your use of this APP, you agree to strictly comply with the provisions of laws, regulations and rules, and shall not produce, reproduce, release or distribute any information:
(1) in contravention of basic principles as determined in the Constitution;
(2) that endangers national security, discloses state secrets, subverts the power of the State, or undermines national unity;
(3) harmful to the honors or interests of the State;
(4) provoking ethnic hatred or discrimination, or undermining ethnic solidarity;
(5) breaking religious policies of the State, or blazoning forth evil cults or feudal superstition;
(6) spreading any rumor to distract public order and destroy social stability;
(7) spreading obscenity, eroticism, gambling, violence and terrorism or abetting the commission of crimes;
(8) that insults or slanders others, or infringes upon the legitimate rights and interests of others; or containing other contents as prohibited by any law or administrative regulation.
6.2. 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 part tool, nor shall you invade into this APP or other computer information system;
(4) You shall not make any reverse engineering, reverse compile, or disassembling of this APP or otherwise attempt to discover the source code of this APP;
(5) You shall use BMW account only by yourself, and shall not use this APP or BMW account to carry out profit-making activities;
(6) You shall not release any content in violation of the personal information, intellectual property or other legitimate rights of other person;
(7) You shall not engage in other act prohibited by laws and regulations.
6.3. We have the right to keep or lawfully disclose any content you release in this APP. You have the full ownership and intellectual property rights to your user name and/or your head portrait registered in this APP and the content released as well as the personal data used in your registration. You agree to grant a permanent, irrevocable, unconditional license to us and our affiliates to use for free such contents globally for the purpose of provision and promotion of BMW services, including without limitation, reproduction, modification, publication, translation, and distribution of the aforesaid contents or production of derivative works, and have the right to incorporate such information into other works in forms, media or technologies known or developed in the future, and the right to sublicense such information for use by third parties, as well as the right to collect evidence and file lawsuits against such third parties in our own name, without giving any further notice to users when using such information.
7.1. If we discover or receive report from others complaining that you have breached the provisions of this User Agreement or have any act in bad faith, we shall have the right to delete or block relevant contents without giving a notice, and give you punishment according to the severity of the circumstances, including but not limited to, prohibiting you from using any function in whole or in part, deleting your BMW account, and you will bear any direct or indirect loss, expense, fee or penalty arising therefrom.
7.2. If you breach this User Agreement, which results in any third party claim or allegation, you will be solely liable for it. If any loss is caused to us or BMW China or its affiliates, you will be fully liable for compensation.
BMW reserves its title to all intellectual properties in My BMW services. Your use of My BMW services does not mean that you have any ownership to our services or to the content or information provided through such services. Trademarks and logos related to My BMW services are trademarks of their respective owners. BMW trademarks, other BMW trademarks, service marks, images and logos that are used in BMW services are trademarks or registered trademarks of BMW or its affiliates.
9.1. No Warranty
The following is a legal disclaimer for the quality, security or liability of My BMW services.
To the extent permitted by law, LingYue and its affiliates (and the relevant parties who provide services together with LingYue) (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 My BMW service; and (3) provide BMW service (including content and information) on “as is” and “availability” basis.
We are exempted from the following legal liabilities that may incur to you.
To the extent permitted by law (and unless LingYue has entered into another separate written agreement instead of these terms and conditions), LingYue and its affiliates (and relevant parties who provide services together with LingYue) are not liable to you or other person for any indirect, contingent, special, consequential or punitive damage related to the services (for example, use or modify your data or content) or loss of data or points.
Even if BMW and its affiliate have been informed of the possibility of similar loss or even if these remedial measures are not effective, this disclaimer is part of your agreement with BMW and applicable to all claims (for example, security, tort, negligence, contract, or law).
These terms and conditions are governed by and interpreted in accordance with the PRC laws, without regard to conflict of law principles.
In case of any legal dispute over these terms and conditions, you agree to settle the dispute at the court of competent jurisdiction in Beijing, PRC.
These terms and conditions are written in both Chinese and English. In case of any inconsistency between the two versions, the Chinese version shall prevail.