1. TERMS AND CONDITIONS
1.1. You are reading a legal document which is the agreement between you, the Customer (whom we refer to as “you”, “your” or the “Customer” in this document) and us. We are the owner of https://www.bmwmotorrad.com.sg/ (“Site”).
1.2. Please read these terms and conditions carefully. By browsing, accessing or using this website or services made available through it or by transacting through or on it, you are agreeing to these terms and conditions (the “Agreement”) as amended from time to time. This Agreement is made between you and us and governs our relationship with you in respect of this Site.
1.3. We reserve the right to amend these terms and conditions at any time in our sole discretion without prior notice. All amendments to these terms and conditions will be posted online and shall be effective from the point at which they are posted on the Site, unless otherwise specified by us. Your continued use of the Site after such posting will be deemed to constitute your agreement to and acceptance of the new terms and conditions.
1.4. As a consumer, nothing in this Agreement affects your non-excludable statutory rights.
1.5. If you disagree with any of the terms and conditions herein, please discontinue your access or use of the website.
2.1. In this Agreement, we use various defined terms. You will know that they are defined because they begin with a capital letter. This is what they mean:
2 .1.1. “Agreement” refers to all the terms and conditions contained within this document.
2.1.2. “Other Sites” means third party sites to which links are provided on the Site.
2.1.3. “PML” means Performance Motors Limited.
2.1.4. “Register” means “create an account on the Site” (and “Registration” means the action of creating an account).
2.1.5. “Site” means the website found at https://www.bmwmotorrad.com.sg/ as well as other web pages owned or operated by us in respect of the “BMW Motorrad” brand.
2.1.6. “You” means the customer who uses the Site.
2.1.7. References to “clauses” are to clauses of these terms and conditions.
3. GENERAL ISSUES ABOUT THIS WEBSITE
3.1. Use of the Site and any services offered through or on the Site is subject to the terms and conditions set out in this Agreement.
3.2. The Site is for your non-commercial, personal use only and must not be used for business purposes. For the avoidance of doubt, scraping and hacking of the Site are not allowed.
3.3. We reserve the right to prevent you from using the Site or any part thereof.
3.4. The use of the Site does not include the provision of a computer or other necessary equipment to access the Site. To use the Site, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.
4. REGISTRATION AND ACCOUNTS
4.1. To Register you need to supply us with your name, e-mail address, mobile phone number and possibly some other personal information.
4.2. You are required to create a password for your new account. All accounts must be registered with a valid personal e-mail address that you access regularly, so that, among other things, moderation e-mails can be sent to you. You will be solely responsible for keeping your password confidential, secret and secure. If you believe that the security or confidentiality of your password has been compromised, you will be responsible for changing your password. We shall not be liable for any damages resulting from any security breaches, unauthorised and/or fraudulent use or access of our Site with your e-mail address and password.
4.3. If you use multiple logins or multiple accounts for the purpose of annoying other users you may have actions taken against all of your accounts.
5. YOUR OBLIGATIONS
5.1. PML will have its own applicable terms and conditions, in relation to its own supply of goods and services, and you agree to (and shall) abide by those terms and conditions that appear. The responsibility to do so is yours alone.
5.2. You warrant that all information provided upon Registration and contained as part of your account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.
5.3. It is your responsibility to ensure that any products, services or information available through the Site meet your specific requirements.
5.4. Without limitation, you undertake not to use or permit anyone else to use the Site:
5.4.1. to send or receive any material which is not civil or tasteful;
5.4.2. to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
5.4.3. to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party;
5.4.4. to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
5.4.5. to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
5.4.6. for a purpose other than which we have designed them or intended them to be used;
5.4.7. for any fraudulent purpose;
5.4.8. other than in conformance with accepted internet practices and practices of any connected networks; or
5.4.9. in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
5.5. The following uses of the Site are expressly prohibited and you undertake not to do any of the following:
5.5.1. resale of the Site;
5.5.2. furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
5.5.3. attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probing the security of other networks (such as running a port scan);
5.5.4. accessing the Site in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
5.5.5. executing any form of network monitoring which will intercept data not intended for you;
5.5.6. sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts;
5.5.7. creating or forwarding “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;
5.5.8. sending malicious e-mail, including flooding a user or site with very large or numerous e-mails;
5.5.9. entering into fraudulent interactions or transactions with us (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
5.5.10. using the Site (or any relevant functionality of it) in breach of this Agreement;
5.5.11. unauthorised use, or forging, of mail header information;
5.5.12. engage in any unlawful activity in connection with the use of the Site; or
5.5.13. engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Site.
6. AVAILABILITY AND DESCRIPTIONS
6.1. Although we strive to update and keep accurate product and pricing information on the Site, errors and/or omissions may occur.
6.2. Products displayed on the Site may not be available at all times. Products and prices may be changed, substituted or discontinued at any time. While we attempt to provide an accurate description of items on the Site, we do not warrant the accuracy, completeness or currency of such descriptions.
7. PERSONAL DATA PROTECTION
8. RULES ABOUT USE OF THE SITE
8.1. In the event of an error or fault, you can report it to us via the contact form contained in the Site.
8.2. The materials and information on the Site are provided to you on an “as is” and “as available” basis without warranties of any kind. PML and/or its affiliates do not make any representations or warranties, express or implied, statutory or otherwise to the extent permitted by law, in respect of the Site including, but not limited to, guarantees, representations and warranties regarding truth, accuracy, timeliness, non-infringement, satisfactory quality, merchantability or fitness for any particular purpose, or any representations or warranties arising from usage, custom or trade or by operation of law.
8.3. We do not warrant that your use of the Site will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Site will be transmitted accurately, reliably, in a timely manner or at all.
8.4. We do not give any warranty that the Site is free from viruses or anything else which may have a harmful effect on any technology. We shall not be liable for any loss, damage, cost or expense that may result from any transmission of such viruses or harmful components via our Site.
8.5. Although we will try to allow uninterrupted access to the Site, access to the Site may be suspended, restricted or terminated at any time for any reason.
8.6. We reserve the right to change, modify, substitute, suspend or remove without notice any information, product or service on the Site from time to time. Your access to the Site may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate. For the avoidance of doubt, we may also withdraw any information or product from the Site at any time. Please check with a customer service representative on availability and precise information on products and services. Always check the terms and conditions on which any product or service is supplied before making any commitment. You should seek your own independent legal and financial advice in relation to any legal, contractual, taxation or accounting matters referred to on the Site.
8.7. We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any term of this Agreement.
8.8. The products and services on the Site shall not be construed as an offer to sell or supply products or services.
9. SUSPENSION AND TERMINATION
9.1. If you use (or anyone other than you, with your permission uses) the Site in contravention of this Agreement, we may suspend or terminate your use of the Site (in whole or in part).
9.2. If we suspend your use of the Site, we may refuse to restore your use of the Site until we receive an assurance from you, in a form we deem acceptable that there will be no further breach of the provisions of this Agreement.
9.3. PML shall fully cooperate with any law enforcement authorities or court order requesting or directing PML to disclose the identity or location of anyone in breach of this Agreement.
9.4. Without limitation to anything else in this clause 9, we shall be entitled immediately or at any time (in whole or in part) without ascribing any reason whatsoever to:
9.4.1. suspend the Site;
9.4.2. suspend, terminate or restrict your use of the Site;
9.4.3. suspend, terminate or restrict the use of the Site for persons we believe to be connected (in whatever manner) to you; and/or
9.4.4. terminate this Agreement immediately if:
188.8.131.52. you commit any breach of this Agreement;
184.108.40.206. we suspect, on reasonable grounds, that you have, might or will commit a breach of this Agreement; or
220.127.116.11. we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
9.5. Notwithstanding anything else in this clause 16, we may terminate this Agreement at any time.
9.6. Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
You shall indemnify us against each loss, liability, expense or cost incurred by us arising out of:
10.1. any claims or legal proceedings which are brought or threatened against us by any person arising from your use of the Site; or
102. any breach of this Agreement by you.
In addition, you shall also indemnify us against any loss, damage, expense or cost incurred by us in connection with or arising from:
10.3. your use of the Site; or
10.4. any other party’s access of the Site and/or use of our online services using your account.
11. STANDARDS AND LIMITATION OF LIABILITY
11.1. In this clause 11:
11.1.1. “Liability” means liability in or for breach of contract, Breach of Duty (as defined below), misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including, without limitation, liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement; and
11.1.2. “Breach of Duty” means the breach of any (a) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of a contract or (b) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
11.2. We warrant that we will exercise reasonable care and skill in performing any obligation under this Agreement.
11.3. This clause 11 (and clause 1.4) prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies in respect of:
11.3.1. the performance, non-performance, purported performance or delay in performance of this Agreement or the Site (or any part of it or them); and
11.3.2. this Agreement or the entering into or performance of this Agreement.
11.4. We do not warrant and we exclude all Liability in respect of:
11.4.1. the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site or otherwise;
11.4.2. the transmission or the reception of or the failure to transmit or to receive any material of whatever nature;
11.4.3. your use of any information or materials on the Site (which is entirely at your own risk and it is your own responsibility);
11.4.4. the use or access of the Site by you or any other person; and
11.4.5. the quality, safety, usability or any other aspect of products.
11.5. We do not accept and hereby exclude any Liability for loss of or damage to your (or any person’s) tangible property other than that caused by our Breach of Duty.
11.6. Save as provided in clause 11.5, we do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the terms of the Agreement.
11.7. We shall have no Liability for:
11.7.1. loss of revenue;
11.7.2. loss of actual or anticipated profits;
11.7.3. loss of the use of money;
11.7.4. loss of anticipated savings;
11.7.5. loss of business;
11.7.6. loss of opportunity;
11.7.7. loss of goodwill;
11.7.8. loss of reputation;
11.7.9. loss of, damage to or corruption of data; or
11.7.10. any indirect or consequential loss; and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise.
For the avoidance of doubt, clauses 11.7.1 to 11.7.10 apply whether such losses are direct, indirect, consequential or otherwise.
11.8. Our total liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to one hundred per cent (100) % of any aggregate amount paid by you to us in the twelve (12) months preceding any cause of action arising.
11.9. The limitation of Liability under clause 11.8 has effect in relation both to any Liability expressly provided for under this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this Agreement.
12.1. We may place advertisements in different locations on the Site. These locations may change from time to time, but we will always clearly mark which goods and services are advertisements, so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements).
12.2. You are free to select or click on advertised goods and services or not as you see fit.
12.3. Any advertisements may be delivered on our behalf by a third party advertising company.
13. LINKS TO AND FROM OTHER WEBSITES
13.1. Where the Site contains links to third party sites and to resources provided by third parties (together “Other Sites”), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over and do not accept and we assume no responsibility for Other Sites or for the content or products or services of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. Any links to Other Sites do not constitute an endorsement or representation that we are affiliated with the operators or owners of those linked websites or an endorsement or representation of or as to the contents of such linked websites. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk, subject to the terms and conditions of access and/or use contained therein.
In addition, your browser may establish a connection with the servers of social media sites such as Facebook, Twitter, Instagram, LinkedIn etcetera when you access this site through a third-party connection or log-in. This will enable the social media sites to receive the information that you have accessed on this site. If you do not agree to the gathering of data about you by the social media sites through this site, please log out of the social media sites before visiting this site. You may wish to peruse the privacy policies and terms and conditions of access and/or use contained on the social media sites for further information on the collection and usage of your data by such social media sites.
14. INTELLECTUAL PROPERTY RIGHTS
14.1. All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs (including the “look and feel” and other visual or non-literal elements) whether registered or unregistered on the Site, information content on the Site, any database operated by us and all the Site design, text and graphics, software, photos, videos, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) or other information or content made available through the Site shall remain our property (or that of our licensors such as BMW). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
14.2. None of the material listed in Clause 14.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy, store, publish, transfer or distribute or use for commercial purposes any of the materials or content on the Site (in whole or in part) without our permission.
14.3. All rights (including goodwill and, where relevant, trade marks) in PML’s name, marks, designs logos and emblems are owned by us (or our licensors such as BMW). Other product and company names (such as BMW) mentioned on the Site are the trademarks or registered trademarks of their respective owners and are used to the benefit of respective owners, with no intention of infringement of any trademark or any other intellectual property rights.
14.4. The authors of the literary and artistic works in the pages in the Site have asserted their moral rights to be identified as the authors of those works.
14.5. Subject to Clause 14.6, any material you transmit or post or submit to the Site (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via e-mail, the Site or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute worldwide any such material.
14.6. All comments, suggestions, ideas, notes, drawings, concepts or other information (i) disclosed or offered to us by you, or (ii) in response to solicitations by us regarding the Site (in each foregoing case, these are called “Ideas”), shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all rights now known or hereafter existing to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
14.7. For the avoidance of doubt, no licence to use the intellectual property of PML or the intellectual property of third parties has been granted by the Site.
15.1. Clause headings are purely for ease of reference and do not form part of or affect the interpretation of this Agreement.
15.2. References to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.
15.3. Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
15.4. Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
15.5. You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
15.6 We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of these events).
15.7. This Agreement contains all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as expressly stated in this Agreement.
15.8. No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this Agreement.
15.9. Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process), sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
15.10. In any event, the provisions of clauses 1, 2, 5.1, 7, 10, 11, 14 and 15 of this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context are contemplated that they are to survive such termination, shall survive such termination, shall survive termination of the Agreement. In the event you use the Site again, then the provisions of the terms and conditions that then apply will govern your re-use of the Site.
16. THIRD PARTY RIGHTS
A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act to enforce any of its terms.
If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this Agreement shall not be affected.
18. APPLICABLE LAW
This Agreement shall be governed by and construed in accordance with the laws of Singapore and both parties hereby submit to the exclusive jurisdiction of the courts of Singapore.
19. CONTACT US
The Site is owned and operated by PML, a company registered in Singapore whose registered office is at 305 Alexandra Road, #02-01 Vantage Automotive Centre, Singapore 159942. For more information or questions, or to provide feedback, please contact us via the contact form and our customer service representative will contact you.
20. CREATING AN ACCOUNT ON OUR SITE
If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits in your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your internet service provider of any fraudulent activity we associate with you or your use of the Site.