Privacy Policy

1. AGREEMENT & AMENDMENTS

Your access or use of the website(s) and services available at https://www.bmtech.com.au/ (collectively, the ‘Website’) is subject to these Terms of Use (‘Terms’).  By accessing or using the Website, you are entering a binding contractual agreement between you, the person, organisation or entity that uses the Website and us, BM Tech Automotive Pty Ltd, it’s successors and assignees (‘BM Tech’, referred to as ‘we’, ‘us’ or ‘our’ and collectively referred to as the ‘Parties’) in accordance with these Terms.  These Terms are not intended to create a relationship between the Parties of partnership, joint-venture or employee-employee.

Please read these Terms carefully, as they contain important information regarding your legal rights, remedies and obligations.  If you have any questions, please contact us before you use the Website.  Our contact details may be accessed on our Contact Us page.

By accessing or using the Website, you represent and warrant to us that you are eighteen (18) years or older or have the consent of a legal guardian who is eighteen (18) years or older, and you acknowledge that you have read, understood and accept these Terms and agree to be comply with them. If you are not willing to be bound by these Terms, you must cease using the Website.

We reserve the right to amend these Terms at any time, without prior notice and any use of the Website following such amendments will be deemed to be confirmation that you accept those amendments.  You are responsible for regularly reviewing the Website to review the most current version of these Terms.

These Terms, and any document expressly referred to in them, represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

2. LICENSE

• We grant you a non-exclusive, non-transferable, limited license to use the Website in accordance with these Terms. All rights not expressly granted to you in these Terms are reserved by BM Tech.
• You may access the Website in the normal manner and may also print one copy of any page within the Website for your own personal, non-commercial use.
• You must not add any content to the Website.

3. INTELLECTUAL PROPERTY

• Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website.
• Intellectual Property includes but is not limited to:
  1. all present and future rights to intellectual property, including inventions, improvements, trade marks (whether registered or common law trade marks), patents, designs, copyright, any corresponding property rights under the laws of any jurisdiction. This includes but is not limited to text, information, photos, graphics, user interfaces, photographs, logos and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content.
  2. all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and
• all work products developed in whole or in part by us.

• The Intellectual Property on in our Website, business, products and branding is or contains content that is owned, controlled or licensed by or to BM Tech (‘Content’). This content is protected under copyright, patent, design, trademark and various other intellectual property laws and unfair competition laws. BM Tech owns all Intellectual Property rights in the Content, including the copyright that subsists in all creative and literary works incorporated into our materials.
• You may only use information on the Website for your personal, non-commercial informational purpose. No content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other person or computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without prior written consent from BM Tech. However, you may share our content via social media for your personal use provided authorship is attributed to BM Tech.

4. LINKS TO AND FROM THIRD PARTIES

• From time to time the Website may contain links to other third party websites. BM Tech is not responsible for the content or accuracy of any websites or links that are posted on the Website, you agree that the respective third parties will be responsible for such content.  Unless expressly stated, we do not endorse, sponsor or approve of any content, products or services available on any linked website.
• If you wish to provide a link to our Website you must first obtain our written consent.

5. ACKNOWLEDGEMENTS

You acknowledge and agree that:

• the Website may not operate on a continuous basis and the Website may be unavailable from time to time;
• we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion; and
• the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

6. LIMITATION OF USE

• You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use or enjoyment of, the Website.
• The information provided through the Website is intended to be for informational purposes only and is not to be relied upon in any manner, and does not constitute advice.

7. LIMITATION OF LIABILITY

• While we endeavour to ensure the information and material provided on the Website is accurate and current, BM Tech provides it on an “as is” basis and use of the website is at your own risk. Neither BM Tech, nor any of its directors, employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Website.  You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors. 
• To the maximum extent permitted by law, including non-excludable statutory obligations, BM Tech will not be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on the Website and BM Tech expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose. 
• To the maximum extent permitted by law BM Tech excludes completely all liability whatsoever for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) however caused (including negligence) arising out of or in connection with the Website content and the use or performance of the Website.
• This clause will survive termination of these Terms.

8. RELEASE

You agree to release and indemnify, and hold BM Tech and (as applicable) affiliates, agents and employees, harmless from and against any claims, suits, actions, demands, proceedings, liabilities, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to the Website.  You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Website.  The obligations under this clause will survive termination of these Terms.

9. WAIVER

Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision.

10. TERMINATION AND SEVERABILITY

• We reserve the right remove or edit content on the Website at our sole discretion or otherwise terminate these Terms immediately without notice and without incurring any liability to you. These Terms terminate automatically if, for any reason, we cease to operate the Website.
• If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

11. GOVERNING LAW

These Terms are governed by the laws of Victoria and each party submits to the exclusive jurisdiction of the courts of Victoria.

12. INDEPENDENT

BM Tech is an independent workshop and does not in any way represent BMW (Australia) Ltd.  Any use of the words “BMW” or “MINI” by BM Tech on the Site or otherwise, is descriptive to describe the goods and services offered by BM Tech.