Terms & Conditions
Brian Jessel BMW Pre-Owned
OWNERSHIP / RESTRICTIONS ON USE
The website is owned and operated by Brian Jessel BMW. Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the “Content”) contained in this website are proprietary to Brian Jessel BMW, its affiliates and/or third-party licensors. The Content is protected by Canadian and international copyright and trademark laws.
Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of Brian Jessel BMW. You may download, print, copy or transmit, solely within Canada, any portion of the Content on the Website for informational and non-commercial personal purposes only. Each copy of this Content must retain all copyright and other proprietary notices contained therein and the citation of the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Brian Jessel BMW.
Furthermore, all marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of Brian Jessel BMW or are used under licence by Brian Jessel BMW. No license to any Brian Jessel BMW intellectual property has been granted by your use of this Website. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
To obtain written consent for any of the above, please contact us at 1-604-222-7788.
As a condition of your continued access to and use of this Website, you agree to abide by all applicable federal, provincial, territorial, and other laws and regulations. In addition, without limiting the foregoing, you agree not to:
a) e-mail, text, post, upload or otherwise transmit any material through the Website that:
- constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially ethnically or otherwise objectionable; or
- contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
- b) e-mail, text or otherwise transmit any material through the Website without the recipient’s consent;
- c) harvest or otherwise collect or store any information (including personal information) about other users of the website, including e-mail addresses, without the express consent of such users;
- d) for the purposes of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the website;
- e) impersonate any person or entity, including but not limited to, a Brian Jessel BMW employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- f) attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means;
- g) interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks;
- h) use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website; and
- i) facilitate or encourage any of the above conduct.
The foregoing is hereinafter referred to as the “Code of Conduct”.
PRODUCT DESCRIPTIONS AND TERMS OF PURCHASE
While we attempt to provide an accurate description of the vehicles and other products on this Website, we do not warrant the accuracy, completeness, reliability, or currency of such descriptions. The information contained on this Website is intended only to provide a general indication of our products and pricing. Retailers are free to set individual prices. Prices and specifications including standard features, accessories, equipment, options, and colours are subject to availability and Brian Jessel BMW reserves the right to revise pricing and/or specifications at any time, without notice. Please see your local authorized BMW Retailer for more information on products and pricing.
Illustrations are representative only. Brian Jessel 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. Models may be shown with features, accessories, equipment, options and/or colours not available in Canada, or available only at extra cost, or available only on particular models.
All of the information contained on this Website is for informational purposes only and in no way constitutes an offer to buy or sell BMW Canada vehicles. The purchase of any BMW Canada vehicle shall be subject to the terms and conditions of the applicable sale, lease, or financing contract.
Certain products may be available for purchase on this Website. PRODUCTS DISPLAYED ON THE WEBSITE MAY NOT BE AVAILABLE AT ALL TIMES AND PRODUCTS AND PRICES MAY BE CHANGED, AND PRODUCTS SUBSTITUTED OR DISCONTINUED AT ANY TIME. WHILE WE ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF ITEMS AVAILABLE FOR PURCHASE ON THE SITE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF SUCH DESCRIPTIONS.
ALL OTHER TERMS AND CONDITIONS GOVERNING THE PURCHASE OF ANY PRODUCT ON THE WEBSITE ARE AVAILABLE AT BMW CANADA ONLINE SHOP.
It is our goal to provide increased value to you, our visitors. Therefore, the Website might offer you links to other sites on the Internet that are owned and operated by Brian Jessel BMW affiliates or third parties that are not affiliated with us. Please understand that such linked Websites are independent from Brian Jessel BMW and that Brian Jessel BMW has no control over the content of such Websites. Consequently, Brian Jessel BMW and BMW CANADA cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such Websites.
The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.
Brian Jessel BMW provides the Website and related services at no cost. For mobile use, standard data, text message or other charges from your mobile carrier may apply. You are solely responsible for any costs incurred during your access and use of the Website and its services. Check with your mobile carrier for details on what charges may apply to you.
DISCLAIMER / LIMITATION OF LIABILITY
While Brian Jessel BMW and BMW Canada makes all reasonable efforts to provide accurate information on this Website, there is no guarantee or warranty of accuracy. Furthermore, Brian Jessel BMW and BMW Canada do not assume any liability for the accuracy or completeness of information presented on this Website.
ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BRIAN JESSEL BMW AND BMW CANADA DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BRIAN JESSEL BMW AND BMW CANADA DO NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL BRIAN JESSEL BMW AND BMW CANADA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITES OR ANY CONTENT OR SERVICES, EVEN IF BRIAN JESSEL BMW AND BMW CANADA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR CERTAIN LIMITATIONS ON IMPLIED WARRANTIES. ACCORDINGLY, THE EXCLUSIONS AND/OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
CHANGES AND TERMINATION
USE OF FACEBOOK SOCIAL PLUGINS
One of the features of the Site is that a user has the ability to engage with social plugins (“plugins”) from the social network facebook.com, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook").
When you access the Facebook social plugin through our Site, your browser establishes a direct connection with the Facebook servers. The content of the plugin (e.g. a “Like” button) is transferred by Facebook directly to your browser, which then integrates it into our Site. The data that your browser sends to Facebook includes your user ID, the website you're visiting, the date and time, and other browser-related information. If you are logged out of Facebook, Facebook does not receive your user ID.
You can find more information about Facebook’s privacy practices at http://www.facebook.com/policy.php
Last Updated: February 2021