WEBSITE TERMS OF USE

1. Acceptance of Terms

Welcome to the website of Bema Autosport BMW (“Bema Autosport BMW,” “we,” “us,” or “our”).

These Website Terms of Use (“Terms”) govern your access to and use of www.bemaautosport.com and any related webpages, features, forms, tools, content, services, and functionality made available through the website (collectively, the “Website”).

By accessing or using the Website, you acknowledge that you have read, understood, and agree to these Terms.

If you do not agree with these Terms, please discontinue your use of the Website.

2. Purpose of the Website

The Website is provided primarily for informational and customer-service purposes, including information relating to:

• New BMW vehicles
• Pre-owned vehicles
• Vehicle inventory
• Vehicle specifications and equipment
• Pricing
• Financing and leasing
• Trade-ins
• Service and maintenance
• Parts and accessories
• Dealership promotions
• Test drives
• Appointment requests
• Contact and inquiry forms
• Other products and services offered by Bema Autosport BMW

The Website does not replace the final written agreements entered into between you and Bema Autosport BMW.

3. Accuracy of Website Information

Bema Autosport BMW makes reasonable efforts to provide information that is accurate and current.

However, we do not warrant or guarantee that any information displayed on the Website is accurate, complete, current, reliable, error-free, or free from omissions or mistakes.

The Website may contain, among other things:

• Typographical errors
• Pricing errors
• Vehicle description errors
• Specification errors
• Equipment errors
• Mileage errors
• Photograph errors
• Vehicle availability errors
• Financing or leasing errors
• Payment calculation errors
• Promotional errors
• Incentive errors
• Outdated information
• Other inaccuracies or mistakes

Information may change at any time without notice.

You should independently confirm all important information with Bema Autosport BMW before relying upon it or entering into a transaction.

4. Vehicle Pricing and Availability

Vehicle prices, payments, incentives, rebates, financing and leasing rates, equipment, specifications, mileage, availability, photographs, and other vehicle information displayed on the Website are subject to change without notice.

The appearance of a vehicle on the Website does not guarantee that the vehicle remains available.

Photographs may be representative and may not necessarily depict the exact vehicle, colour, equipment, accessories, or condition described.

Applicable taxes, licensing, registration, financing or leasing costs, dealer charges, optional equipment, products, services, or other applicable costs may affect the final transaction price.

All final pricing and transaction details must be confirmed directly with Bema Autosport BMW.

5. Financing and Leasing Information

Financing, leasing, payment calculators, rates, payment estimates, pre-qualification information, and other financial information presented through the Website are for informational purposes only.

A payment estimate is not a guarantee of financing or leasing approval.

Financing and leasing are subject to applicable credit approval, program eligibility, terms, conditions, rates, term lengths, and final documentation.

The final terms of any financing or leasing arrangement will be determined by the applicable financing provider and the final written agreement.

6. Online Inquiries and Requests

Submitting an online inquiry, contact form, test-drive request, financing request, trade-in request, service appointment request, or other request does not create a binding contract between you and Bema Autosport BMW.

Submission of an online request does not guarantee:

• Vehicle availability
• A particular price
• A particular financing or leasing rate
• Financing approval
• A particular appointment time
• A particular trade-in value
• Availability of a particular product or service

A transaction is only finalized through applicable documentation and agreements accepted by the parties.

7. No Binding Offer

Information displayed on the Website does not constitute a binding offer to sell, lease, finance, service, or otherwise provide any vehicle, product, or service.

In the event of any inconsistency between information displayed on the Website and a final written agreement, the final written agreement will govern.

8. DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Website and all content made available through it are provided on an “as is” and “as available” basis.

Bema Autosport BMW does not warrant or guarantee that:

• The Website will always be available;
• The Website will be uninterrupted;
• The Website will be secure;
• The Website will be error-free;
• Website information will always be current;
• Website information will always be complete or accurate;
• The Website will be free of viruses or harmful components; or
• The Website will meet any particular purpose or expectation.

9. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEMA AUTOSPORT BMW, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, SUPPLIERS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, COST, EXPENSE, CLAIM, OR LIABILITY ARISING OUT OF OR RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE OR ANY INFORMATION OR CONTENT PROVIDED THROUGH THE WEBSITE.

This includes, without limitation, any loss or damage arising from or relating to:

• Any inaccuracy or error on the Website;
• Any omission or mistake on the Website;
• Incorrect or outdated information;
• Vehicle pricing errors;
• Vehicle availability errors;
• Vehicle description errors;
• Vehicle specification or equipment errors;
• Incorrect mileage information;
• Incorrect photographs or representative photographs;
• Financing or leasing information;
• Payment estimates;
• Interest rates;
• Incentives or promotional information;
• Reliance upon Website information;
• Website interruptions or technical failures;
• Delays in Website operation;
• Unauthorized access to Website systems;
• Viruses, malware, or other harmful technological components;
• Third-party websites or services;
• Third-party information;
• Communications submitted through the Website; or
• Any other matter relating to your use of or reliance upon the Website.

BEMA AUTOSPORT BMW EXPRESSLY DISCLAIMS LIABILITY FOR INACCURACIES, ERRORS, OMISSIONS, TYPOGRAPHICAL ERRORS, MISTAKES, OUTDATED INFORMATION, PRICING ERRORS, VEHICLE LISTING ERRORS, OR OTHER ERRORS CONTAINED ON THE WEBSITE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

To the fullest extent permitted by applicable law, Bema Autosport BMW will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business opportunity, anticipated savings, goodwill, data, or use, even if Bema Autosport BMW has been advised of the possibility of such damages.

Nothing in these Terms is intended to exclude or limit any liability, right, warranty, condition, or remedy that cannot legally be excluded or limited under applicable law.

10. Third-Party Websites and Services

The Website may contain links to third-party websites, applications, services, or resources, including BMW Canada, financing providers, social media platforms, technology providers, and other organizations.

These third-party websites and services are independent from Bema Autosport BMW.

Bema Autosport BMW does not control and is not responsible for the content, availability, security, privacy practices, products, services, or policies of third-party websites.

Your use of a third-party website is subject to that website’s applicable terms and privacy policies.

11. Intellectual Property

Unless otherwise indicated, Website content may be owned by or licensed to Bema Autosport BMW, BMW Canada Inc., BMW AG, or other applicable rights holders.

Website content may include:

• Text
• Photographs
• Graphics
• Videos
• Logos
• Trademarks
• Vehicle information
• Software
• Design elements
• Promotional materials

You may access and use the Website for your personal, non-commercial purposes.

You may not reproduce, distribute, modify, republish, transmit, sell, license, scrape, copy, or commercially exploit Website content without appropriate authorization.

BMW and the BMW logo are trademarks of BMW AG or its affiliates.

Bema Autosport BMW is an authorized BMW retailer and is a separate legal entity from BMW Canada Inc. and BMW AG, except as expressly stated.

12. Prohibited Activities

You agree not to:

• Use the Website for unlawful purposes;
• Interfere with Website operation or security;
• Attempt unauthorized access to Website systems;
• Introduce viruses, malware, or harmful code;
• Scrape or systematically collect Website information without authorization;
• Impersonate another person or organization;
• Submit fraudulent or misleading information; or
• Use the Website in a manner that could damage Bema Autosport BMW, BMW Canada, BMW AG, their systems, reputation, or business.

13. User-Submitted Information

If you submit comments, reviews, photographs, documents, information, or other material through the Website, you represent that you have the right to provide that material.

You agree not to submit material that is unlawful, defamatory, fraudulent, misleading, threatening, invasive of another person’s privacy, or otherwise objectionable.

14. Website Availability

Bema Autosport BMW may modify, suspend, restrict, or discontinue all or part of the Website at any time.

The Website may occasionally be unavailable due to maintenance, updates, technical issues, security issues, service-provider issues, or circumstances beyond our reasonable control.

15. Changes to These Terms

Bema Autosport BMW may update these Terms from time to time.

Updated Terms will be posted on the Website with a revised “Last Updated” date.

Your continued use of the Website following the posting of updated Terms constitutes acceptance of the updated Terms to the extent permitted by applicable law.

16. Governing Law

These Terms and your use of the Website are governed by the laws of the Province of Saskatchewan and the applicable federal laws of Canada.

Any dispute relating to these Terms or your use of the Website will be subject to the jurisdiction of the courts of Saskatchewan, except where applicable law provides otherwise.

17. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be limited or severed to the minimum extent necessary.

The remaining provisions will continue in full force and effect.

Questions about the Terms of Service should be sent to us at gary@bemaautosport.com,Phil@bemaautosport.com,Evan@bemaautosport.com.