TERMS OF USE & CONDITIONS
GENERAL
This website is operated by Otto’s BMW. Otto’s BMW offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or contacting us you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Otto’s BMW prohibits against misuse such as spamming, posting defamatory content and we reserve the right to our intellectual property including images of vehicles, staff, and BMW trademarks.
(1) Website Terms & Conditions:
Otto’s BMW reserves the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
(2) Limitation of Liability:
Otto’s BMW intends for the Content on this website to be accurate and reliable, however, this website 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 that the Content contained in this website is accurate. To the fullest extent permissible pursuant to applicable law, our dealership 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 does not represent or warrant that the functions contained in this website will be uninterrupted or error free, that defects will be corrected or that this website or that the server which makes this website available are free of viruses or other harmful components.
In no event shall our dealership or BMW 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 website or any other website you may access while using this web site or your use of the content, even if advised of the possibility of such damages.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
(3) Pricing & Product Disclaimer:
While we try to make sure that all prices posted on this website are accurate at all times, we cannot be responsible for typographical and other errors that may appear on the site. If the posted price for a vehicle or service is incorrect due to typographical or other error (e.g., data transmission), this dealership or our website provider is only responsible for the correct price, which we will endeavour to provide to you as soon as we become aware of the error. We make every effort to provide you the most accurate, up-to-the-minute information, however it is your responsibility to verify with the Dealer that all details listed are accurate.
Vehicle images and descriptions posted on our website pages are the representations provided by our suppliers. Please note that actual vehicle may differ slightly from specifications and/or the pictures. The dealership is not responsible for typographical, pricing, product information, advertising or shipping errors. Advertised prices and available quantities are subject to change without notice.
In the event a vehicle is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, the dealership shall have the right to refuse or cancel any orders placed for vehicle listed at the incorrect price.
(4) Optional Tools:
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
(5) Third Party Links:
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
(6) User Comments and Submissions:
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
(7) Personal Information:
Your submission of personal information through the website is governed by our Privacy Policy.
(8) Prohibited Uses:
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
(9) Indemnification:
You agree to indemnify, defend and hold harmless Otto’s BMW and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
(10) Severability:
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Have a Question?
If you have any questions or concerns about this website and/or its content, please contact Otto’s BMW at 613-725-3048 or by email at info@bmwottos.ca.
COOKIES AND INTEREST-BASED ADVERTISING DISCLOSURE
(1) Cookies and Interest-based Advertising:
Otto’s BMW and BMW participate in network advertising programs that display advertising about Otto’s BMW and BMW on other unaffiliated websites. We customize and personalize this advertising to your interests based on information from your activities, such as the actions you take when you visit our websites and when visiting websites that display BMW advertising.
We believe that interest-based advertising that is tailored to your particular interests is more helpful and relevant to you. We use information collected about your interaction with our websites and other unaffiliated websites to understand our audiences and to improve your access to new products and services that are most relevant to your interests.
Otto’s BMW and BMW Canada use technologies such as cookies, web beacons, pixels and other technologies to collect information on how users navigate our website and respond to our promotional communications. A cookie is a small text file which contains a unique identification number that identifies your browser, not you personally, to our computer each time you visit our website. These are used by us and by our third party service providers to collect information and to track user patterns, when a user interacts with our website. A cookie can tell us which pages were visited and how often. We use this information in an effort to improve our website’s usefulness to you – primarily for technical reasons, such as providing seamless navigation.
Our website also uses cookies to manage our online advertising programs, keeping track of your browser so that you will be recognized when you visit other websites. Our ad management providers use these to populate an advertisement for us when you visit certain other websites. We also use pixel files to determine when you have opened a promotional communication from us and other interactions with that promotional communication, such as if a link within it has been clicked or if it has been forwarded.
(2) Third-party Service Providers:
Our third-party service providers, including ad management providers, use third party cookies, web beacons, or other digital markers to help us maintain and improve our websites and electronic communications, deliver interest-based advertising on this website and on other sites, and provide social plug-in functions. A list of service providers is available upon request.
(3) Social Media Advertisements:
We may also use third-party social media platforms (e.g. Facebook, Instagram, etc.) to show you customized ads. Although we do not provide any personal information to these platform vendors, they may gain insights about individuals who respond to the ads we serve. To opt out of customized social media ads, please use the links provided in the ad, or email us at info@bmwottos.ca.
(4) Opting-out of Interest-Based Advertising:
If you do not wish to receive interest-based advertising on other websites or would like to exercise choices about the third party advertising networks that provide you with interest-based advertising, please see the opt-out options below. Please note that if you opt-out you may still receive online advertising from us on other websites or applications. However, these advertisements will not be displayed to you based on your interests.
To opt-out of network advertising programs, please visit the Digital Advertising Alliance of Canada (www.youradchoices.ca/understanding-online-advertising), or Ad Choices (www.aboutads.info/choices). If you would prefer not to accept cookies, you may update your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it. You may also disable existing cookies, or set your browser to automatically reject any cookies.
Have a Question?
Should you have any questions or concerns about our interest-based advertising or our privacy policies in general, please contact us at 613-725-3048 or by email at info@bmwottos.ca.