Website Terms and Conditions.
Jerry Clayton BMW appreciates your interest in its products and your visit to this website. These terms apply to your use of the Website.
BMW means BMW New Zealand Limited, BMW Finance New Zealand Limited and as applicable includes Bayerische Motoren Werke GmbH and its subsidiaries.
Website means www.jcbmw.co.nz
TERMS AND CONDITIONS
2.1 Use of this Website: By accessing or using this Website you agree that you have read, understood and are bound by these terms. Your use of this Website is subject to the following conditions and all applicable laws. If you do not agree with these terms then you are not permitted to use or browse this Website.
2.3 Modification to Terms: Jerry Clayton BMW may modify, alter or otherwise update these terms and conditions from time to time, with or without notice. It is your responsibility to regularly check the Website to determine if there have been changes to these terms and conditions and to review such changes. You agree to check these terms and conditions and to be bound by such terms as are in effect at the time at which you access this Website. Jerry Clayton BMW will include the date of the terms at the bottom of each page to help you identify whether or not these terms have changed. Your continued use of this Website after any change constitutes your acceptance of any new terms.
3.1 Copyright: Information on this Website is owned by Jerry Clayton BMW or BMW, or is licenced to Jerry Clayton BMW or BMW. All material on this Website, including without limitation, text, images, designs, graphics, pictures, video, software, music and sound files, the layout, the look-and-feel and any other information contained on or in this Website (collectively referred to as the Content) is subject to copyright, various intellectual property protections (registered and unregistered) and other proprietary rights.
3.2 Restrictions: You may not copy, reproduce, display, publish, upload post, transmit, store (including in electronic form) or modify in whole or part, whether in text, graphic, audio or video any part of the Content without the prior written permission of Jerry Clayton BMW and BMW. You may not upload or republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Content is strictly prohibited.
3.3 Trademarks: Trademarks, logos, model names, brands and service marks (collectively referred to as Marks) displayed on this Website are registered or unregistered Marks of Jerry Clayton BMW or BMW, or have been licenced to Jerry Clayton BMW or BMW for use on this Website by third parties. Jerry Clayton BMW or BMW are the owners' or licencees' of the Marks. You may not use the any of Marks without the prior written permission of Jerry Clayton BMW and BMW New Zealand Limited.
UNAUTHORISED USE OR INTERFERANCE
4.1 Interference with the Website: You may not:
(a) attempt to gain unauthorised access to any portion or feature of the Website, or attempt to obtain any materials, information or documents through any means not purposely made available by Jerry Clayton BMW, including without limitation, hacking, password mining or otherwise accessing data without authorisation;
(b) test the vulnerability of the Website or any network connected to the Website or seek to trace any information on any other user of the Website;
(c) upload or use any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or the Website;
(d) use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
(e) use automated scripts to collect information from or otherwise interact with the Website;
(f) impersonate any person or entity, or falsely state or otherwise misrepresent yourself;
(g) use or transmit the private information of any third party, including, without limitation, names, addresses, phone numbers and email addresses.
4.2 Compliance with Laws: You agree to comply with all applicable laws and with these terms and conditions at all times when using the Website.
(a) the Internet domain and IP address from which you are accessing the web site;
(b) the browser and operating system you are using;
(c) the date and time you access the site;
(d) the pages you visit; and
(e) whether you arrived at the Jerry Clayton BMW Website via a link from another site and the address of such site.
5.2 Consent: By using this Website you consent to Jerry Clayton BMW's collection and use of the information collected from cookies. However, you can prevent cookies from being saved on your hard drive by selecting the appropriate setting on your browser – simply follow your particular browser's instructions. You may continue to use this Website even if you deactivate cookies, however deactivating cookies may mean that you might no longer be able to enjoy offers from Jerry Clayton BMW in their entirety.
INFORMATON, INTERACTIVE FEATURES AND SERVICES
6.1 Subject to change: Jerry Clayton BMW may from time to time make information, interactive features, services and information available on the Website. Jerry Clayton BMW endeavours to ensure that all information (including product features, models, illustrations, representations, specifications and prices), whether alone or part of an interactive feature or service on this Website, is accurate at the time uploaded to the Website. However product features, models, illustrations, representations, specifications and prices, are subject to change without notice and Jerry Clayton BMW makes no commitment or representation as to the information or the availability of any good or service.
6.2 Indicative Only: All information (including product features, models, illustrations, representations, specifications and prices) whether alone or part of an interactive feature or service and any visual representations provided by Jerry Clayton BMW is for information purposes only and is not intended to be relied or acted upon for any particular purpose.
6.3 Further Information: The information on this Website should always be read in conjunction with other materials and information available from Jerry Clayton BMW and BMW.
7.1 Model Year: BMW 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. Some vehicles pictured may contain non-New Zealand standard equipment. Some models may be shown with optional equipment. Further information can be obtained from Jerry Clayton BMW.
7.2 Colours: Colours displayed for vehicles within this Website may alter from one computer monitor to another. Please consult Jerry Clayton BMW to inquire about vehicle colours and availability.
7.3 Pricing: Unless otherwise stated, the manufacturer's recommended list prices include GST and exclude on-road charges. The prices may vary between BMW authorised dealers. Please consult Jerry Clayton BMW to inquire about vehicle prices.
8.1 Consent to Receive Electronic Messages: If you enter your email address into the Website then you have agreed to Jerry Clayton BMW or BMW or BMW authorised dealers providing you with unsolicited information about BMW products and services in electronic form to that email address.
8.2 Electronic Messages: Every unsolicited email which Jerry Clayton BMW or BMW or a BMW authorised dealer sends you containing information about BMW products and services will include the following:
(a) an unsubscribe facility which will remove your email address from Jerry Clayton BMW's, BMW's and BMW authorised dealers' databases within 5 working days of receiving your unsubscribe request; and
(b) the name of the person at Jerry Clayton BMW, BMW, or at a BMW authorised dealer who authorised the email to be sent and that persons contact details.
8.3 Removal of your Email Address:You may request that Jerry Clayton BMW, BMW and BMW authorised dealers' delete your email address at any time by either contacting Jerry Clayton BMW in writing, email or using the functional unsubscribe feature on an email you may have received from Jerry Clayton BMW, BMW or BMW authorised dealers.
EXCLUSIONS OF WARRANTY AND LIABLITY
9.1 Links: Links and references to other websites may be included on this Website as a convenience only. Jerry Clayton BMW may not have reviewed and does not endorse or assume any responsibility for any other websites, material posted on them, or products or services offered on those websites.
9.2 Transmitted Information: You acknowledge that any information or material which you provide electronically through your access to or usage of this Website is not confidential or proprietary and acknowledge that unprotected communication over the Internet is subject to possible interception, alteration or loss. You acknowledge and agree that Internet transmissions are never entirely secure or private, and that any message or information you send to or through the Website may be read or intercepted by others, even where a Website is stated as being secure. Jerry Clayton BMW shall have no liability for the interception or 'hacking' of data through the Website by unauthorised third parties.
9.3 Website content: Jerry Clayton BMW may update the information or materials on this Website from time to time and no assurance is given that information or material on this Website is up-to-date, accurate, error-free or complete. Jerry Clayton BMW does not represent or warrant that the information, services or materials accessed from or through this Website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
9.4 Website functionality and availability: Jerry Clayton BMW makes no representation or warranty regarding the functionality or condition of this Website, its suitability for use, or that its use will be uninterrupted or error-free.
9.5 Liability excluded: Jerry Clayton BMW, BMW and BMW authorised dealers will not be liable to any person or entity for any damage, direct or indirect, incidental, special or consequential for access to, use of or inability to use this Website. Jerry Clayton BMW, BMW and BMW authorised dealers assume no liability for errors or omissions in the content or any services available on this Website including any inaccuracies and for any non-compliance by any goods or services with any representations, illustrations, specifications, product features, colour or other information contained on this Website. This Website and all content, features, and services on this Website are provided "as is" without warranty of any kind, whether express or implied, including but not limited to implied warranties of fitness for a particular purpose.
9.6 No Contracting Out: Nothing in these terms and conditions should be taken to limit the operation of the Fair Trading Act 1986 or the Consumer Guarantees Act 1993.
10.1 Passwords: Where you register on the Website you may be asked for your name, email address and a password. Because your username and password allows online access to information you have stored Jerry Clayton BMW advises you to keep your username and password secure and you should not give out your user name or password to any other person. Jerry Clayton BMW will never ask you to disclosure your password.
10.2 Password Security: Jerry Clayton BMW recommends the password you select should not relate to any readily accessible data such as your name, birth date, address, telephone number, driver's licence, licence plate or passport. Nor may it be an obvious combination of letters and numbers, including sequential or same numbers or letters. You are entirely responsible for maintaining the security of your login and password, and for all activity which occurs on or through your account, whether authorised or unauthorised. If any unauthorised party gains access to your username and password, please notify us immediately and change your password immediately. Jerry Clayton BMW shall not have any liability for your failure to comply with these obligations.
11.1 Contact Details: You may contact Jerry Clayton BMW by email at firstname.lastname@example.org or by mail to PO Box 33247 Takapuna, Auckland.
11.2 Governing Law: Use of this Website and these terms shall be governed by the laws of New Zealand without reference to principles of conflict of laws. You agree to be bound by such laws and irrevocably agree to submit to the jurisdiction of the courts of New Zealand in connection with the interpretation or application of these terms. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
11.3 Privity: All of the provisions of these Terms and Conditions are intended to be for the benefit of BMW and all BMW authorised dealers and the provisions of the Contracts (Privity) Act 1982 apply accordingly.