MY BMW USER AGREEMENT (INFORMATION SERVICE)
This User Agreement is applicable to your use of certain functions (see Part 3 of this Agreement for details) of 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 Navinfo Co., Ltd. (“Navinfo” or “Operator”), the operation and service provider of this part of service.
Your use of this APP is your agreement to be bound by this User Agreement. 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.
1.1. Scope and Availability of this APP
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.
1.2. Modification, Change and Termination of this APP
The Operator reserves its right to modify the scope of this APP, provided however, such modification shall be in line with the user acceptance of the overall scope of this APP. Any further modification to the scope of this APP will be notified to the users through this APP.
We will update from time to time the content of this User Agreement as needed. 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 User Agreement after such change.
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.
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 provided by BMW China through this App, and enjoy the relevant services provided by the Operator by using such account.
3.1. 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 users 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 users.
During the use of [Community Service] in this APP, the users shall enjoy legal rights and assume corresponding legal liabilities for their use of the services and any information released or disclosed through this APP service. Meanwhile, the users agree (1) BMW China and its affiliates and us have the right to use the content of this APP (i.e., any information released by users in this APP, such as words, pictures, videos and audios) without being limited by time and location. (2) Without our prior written notice, no user shall illegally capture by itself or authorize or assist any third part 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, no user shall 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, users agree and authorize 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 users’ legitimate rights and interests (including but not limited to unauthorized copying, use, editing and plagiarizing).
User should follow the BMW community provisions when using the community service. Please read the provision via the below link carefully, if you are under 18 years old, please read the provision under your guardian accompany. If have any concern, you can choose not to use the community service; Using the community service would mean than you have agreed to follow all provision items, and would follow the community management process.
Please find the detailed provision items under by clicking the link: https://h5-mybmw25.bmw-emall.cn/mybmwh5/#/articleDetail?articleId=1232207&share=true
Should you have any question regarding of the provision, please contact 【admin@mybmwclub.cn】, we would provide explanation based on the relevant regulations.
3.2. 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 book service hours with supporting dealers. These data will not be shared with any third party other than BMW China and its affiliates.
3.3. 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.
3.4. Public Charging Information Integration Service
This service integrates the public charging information of different charging operators by means of data aggregation. This APP only provides information service and the actual charging service provider is the charging operator connected within 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.
3.5. Park & Charge Service
This service integrates the service information of different Park & Charge service providers through data aggregation. This application only provides information services here. The actual Park & Charge service provider is the Park & Charge service provider connected in 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 application.
3.6. Aftersales Service Booking
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 contact information will be sent to the dealer through the BMW after-sales service, 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’s back office through the BMW back office server, so that the BMW after-sales business department can supervise and evaluate the services provided by the dealer.
3.7. 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 name and phone default to the account name and phone. Car pick-up/delivery shows the supported dealers by default, priority: the dealer with the most recent service appointment/delivery car>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, make an appointment, and the above information will be sent to the dealer system through the BMW after-sales IT background 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.
3.8. 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 priority) will be sent to the rescue center along with the contact 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 application will update the status of the latest rescue cases and provide real-time location and driver information of the trailer. In this application, you can search and query only the processing status of the current case.
3.9. 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 that have entered the site and within 24 hours of the completion time will be displayed in the service status tracking.
3.10. My Vehicle
“My Vehicle” and corresponding services will be enabled while you activate the BMW ConnectedDrive. Detailed service descriptions are referred to: BMW ConnectedDrive Services Terms and Conditions.
3.11. My Journey
“My Journey” and corresponding services will be enabled while you activate the BMW ConnectedDrive. Detailed service descriptions are referred to: BMW ConnectedDrive Services Terms and Conditions.
3.12. City List
You can select different cities through the city list to support finding LBS services such as gas stations, charging stations, dealers, etc. By default, the current city will be determined based on the current location.
3.13. Intelligent Reminder
You can create reminder tasks in this app. Users can create three types of reminder events based on event/time/memo. We will push notification to you when event-based tasks and time-based tasks match the condition. You can also check the memo at any moment.
4.1. No Warranty
The following is a legal disclaimer for the quality, security or liability of Navinfo services.
To the extent permitted by law, Navinfo 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 Navinfo services; and (3) provide Navinfo services (including content and information) on “as is” and “availability” basis.
4.2. Disclaimer
We are exempted from the following legal liabilities that may incur to you.
To the extent permitted by law, Navinfo and its affiliates (and the relevant parties who provide services together with Navinfo) 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 Navinfo and its affiliates have been informed of the possibility of such loss or even if these remedial measures are not effective, this limitation of liability is part of your agreement with Navinfo and applicable to all claims (for example, security, tort, negligence, contract, or law).
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 My BMW account only by yourself, and shall not use this APP or My 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 BMW China and its 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 My 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, 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 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, Navinfo, BMW China and their affiliates (and the relevant parties who provide My BMW services together with Navinfo) (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 My BMW service (including content and information) on “as is” and “availability” basis.
9.2. Disclaimer
We are exempted from the following legal liabilities that may incur to you.
To the extent permitted by law (and unless BMW has entered into another separate written agreement instead of these terms and conditions), Navinfo, BMW China and their affiliates (and relevant parties who provide services together with Navinfo) 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 Navinfo, BMW China and their affiliates have been informed of the possibility of such loss or even if these remedial measures are not effective, this disclaimer is part of your agreement with Navinfo 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.
This User Agreement is complementary to My BMW User Agreement (Basic Services). Any matter not covered in this User Agreement shall be subject to the provisions of My BMW User Agreement (Basic Services).