Terms of Use

MINI CANADA

Website Terms of Use

WELCOME

MINI Canada, a division of BMW Canada Inc., ("MINI Canada", "we", "us", "our") welcomes you to our website. This Terms of Use applies to this website (the "Website"). Please read the following Website terms of use ("Terms of Use") before using the Website. By accessing and using the Website, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately. A copy of these Terms of Use may be downloaded, saved and printed for your reference.

OWNERSHIP / RESTRICTIONS ON USE

The Website is owned and operated by MINI Canada. 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 MINI Canada, 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 MINI Canada. 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 MINI Canada.

Furthermore, all marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of MINI Canada or are used under licence by MINI Canada. No license to any MINI Canada 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 1-866-DRV-MINI.

ACCOUNT CREATION

To access certain portions of the Website, you may be asked to complete an online registration form. In consideration for your use of this Website and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes.

As part of the registration process, you may choose or be given a password and user name. You alone are responsible for keeping that password and user name confidential, and for any and all activity that occurs on this Website under such password or user name. You agree to immediately notify MINI Canada of any unauthorized use of your password or user name or any other breach of security.

You agree to respond promptly to all complaints and concerns relating to the use of your user name or password or your use of this web site. You agree that you are solely responsible and liable for any use or misuse of your user name and password and for all transactions or other activities that occur under your user name and password. The security and privacy provided by using user names and passwords is not absolute and can be compromised. Your use of the user name and password is at your own risk.

Access to this web site is permitted at our discretion. We reserve the right to withdraw, amend, or restrict the service provided on this web site without notice. Situations that could limit or reduce availability of this web site include, but are not limited to, inappropriate or unauthorized use, system maintenance, or breach of these terms of use.

The materials in this web site are designed for use by residents of Canada

By posting, uploading, adding, communicating, storing, or otherwise transmitting communications on, to, or through this web site, you understand and agree that you are giving us a royalty free, irrevocable, perpetual, non-exclusive and fully sublicensable license to edit, alter, broadcast, post, publish, copy, disclose, distribute, perform, create derivative works from, incorporate and otherwise use the communications and images, sounds, text, and other things embodied therein for any and all purposes, including commercial, promotional, or marketing purposes throughout the world in any form, medium, or technology now known or later developed. However, you agree that we have no obligation to use any idea or material contained in a communication and you have no right to compel such use. 

All rights not expressly granted in these terms of use are reserved to us. Nothing contained in these terms of use shall be construed as conferring by implication, estoppel or otherwise any licence or right under any copyright, patent, trade-mark or other intellectual right of us, our affiliates, or business partners, or any other person or entity.

By using this web site, you consent to receiving electronic communications and notices from us. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

These terms of use apply when you access, view or use any of the social media pages, accounts, sites, channels and/or application(s) used and administered by us. These channels may include, but are not limited to, Twitter, YouTube, Facebook and Instagram pages.

USER CONDUCT

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:

• 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;
  • 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;
  • constitutes spamming; or
  • is defamatory content, etc.
• e-mail, text or otherwise transmit any material through the Website without the recipient's consent;
• 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;
• 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;
• impersonate any person or entity, including but not limited to, a MINI Canada employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means;
• interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks;
• 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
• facilitate or encourage any of the above conduct.

The foregoing is hereinafter referred to as the “Code of Conduct”.

Although you are solely responsible for the content you provide, we may, but are not required to, monitor communications. If we become aware of communications that violate these terms of use or that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, spamming, defamatory, or otherwise objectionable, we may, without notice to you and in our sole discretion (a) delete such material (b) restrict access to or the availability of such material, or (c) take other action as described elsewhere in these terms of use or as we otherwise see fit.

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 MINI Canada reserves the right to revise pricing and/or specifications at any time, without notice. Please see your local MINI Canada Retailer for more information on products and pricing.

Illustrations are representative only. MINI Canada 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 MINI Canada vehicles. The purchase of any MINI 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 THE MINI ONLINE SHOP.

LINKS

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 MINI Canada affiliates or third parties that are not affiliated with us. Please understand that such linked Websites are independent from MINI Canada and that MINI Canada has no control over the content of such Websites. Consequently, MINI 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 trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

FEES

MINI Canada 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.

booking service, quotes, reservations & online purchases

If booking services, ordering parts or accessories or reserving a vehicle, our dealership reserves the right to refuse any order you place with us. Our dealership may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our dealership. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

All reservations and transactions made through this web site are subject to our acceptance, which is in our sole discretion. Without limitation, this means that we may refuse to accept or may cancel any reservation or transaction, whether or not the reservation or transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party.

The purchase of any vehicle or parts or any other item shall be subject to the terms and conditions of the applicable sale, lease, or financing contract.

CREDIT APPLICATIONS

You acknowledge and agree that personal information provided in any credit application or provided subsequently through this web site, and personal information obtained from a credit/consumer reporting agency and/or financial institution, as described below, may be used by, collected by and/or disclosed to us, including our subsidiaries, affiliates, agents and contractors and any third party financing entity engaged by us for the following purposes: (i) completing your purchase, finance or lease transaction; (ii) maintaining your warranty and customer service records; (iii) conducting customer service campaigns; (iv) providing you with marketing information; (v) evaluating your credit application and eligibility for credit; (vi) contract management and administration; (vii) collections, lien registrations and insurance purposes; and (viii) for legal and other business purposes.

You acknowledge and agree that personal information obtained from or disclosed in a credit application may be transferred to a third party or parties to be used for the same purposes described herein if a conditional sales agreement or lease agreement entered into by you is transferred or assigned to such third party or parties, or to an organization in connection with the due diligence for, and completion of, a business transaction, including, without limitation, a securitization or financing involving us or our subsidiaries or affiliates

You further acknowledge and agree, in connection with making a determination in respect of a credit application submitted through this web site, that (a) all information provided in the application is for the purpose of securing credit and warrant that it is true, correct and complete, (b) a credit/consumer report and other credit information containing personal information may be requested from a credit/consumer reporting agency and financial institution, (c) we, including our subsidiaries, affiliates, agents and contractors and any third party financing entity engaged by us are authorized to exchange with any credit/consumer reporting agency and financial institution credit information covering an application and details of any credit granted (including, without limitation, payment history relating to the credit granted) for the purposes of determining creditworthiness and for the purposes of permitting other credit grantors to do the same. You may request that we inform you whether or not a credit/consumer report has been or may be referred to in connection with a credit application transaction, and you may request the name and address of the credit/consumer reporting agency supplying the credit/consumer report.

DISCLAIMER / LIMITATION OF LIABILITY

While MINI Canada makes all reasonable efforts to provide accurate information on this Website, there is no guarantee or warranty of accuracy. Furthermore, we 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. MINI CANADA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MINI CANADA DOES 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 MINI 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 MINI 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.

INDEMNITY

You agree to indemnify and hold harmless MINI Canada, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your (or anyone acting under your password or user name) use of this Website, connection thereto, or any alleged violation by you of these Terms of Use, including, without limitation, the Code of Conduct.

PRIVACY

MINI Canada respects your right to privacy of your personal information. Please review our Website Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage any of your personal information.

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).

CHANGES AND TERMINATION

MINI Canada reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, MINI Canada reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of "Last Update" at the bottom of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from MINI Canada to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Website or (3) any content available through the Website, is to stop visiting and using the Website.

APPLICABLE LAWS

These Terms of Use are governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and MINI Canada with respect to the use of the Website, including the Content.

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

NOTICE

Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself.

If you have any questions or comments regarding these Terms of Use please contact us.

Last Updated: January 2020