TERMS AND CONDITION OF BMW EXCELLENCE CLUB PROGRAM.
These Terms and Conditions govern the BMW Privé Program ("Program") of BMW India Private Limited (“BMW India” or "we" or "us") and our relationship with members of the Program ("Members" or "you"). Membership of the Program ("Membership") is subject to these Terms and Conditions, which supersede all previous loyalty program rules and/or conditions:
Membership and Entitlement:
1. The Membership of the Program is limited and available to whom the Membership is specifically offered to by BMW India. A person shall not be entitled for the Membership in case the same is not offered by BMW India.
2. The first owners of BMW 7 Series, BMW 6 Series, BMW X6, BMW X5 BMW Z4 and BMW M Cars are entitled to Membership of BMW Privé Program. If the owner is not a natural person, the main user of the vehicle as declared by the registered owner of vehicle at the time when order was placed will be entitled to Membership. A later amendment is only possible for justified exceptional cases (e.g. a change of the main user, but not due to a sale of the vehicle), although this decision remains at the sole discretion of BMW India.
3. Membership in the Program is at NO COST to the Members. The Benefits are provided by the third party service providers (“Service Provider”) as per availability and commercial terms to be determined and settled between the Member and Service Provider.
4. Members must safely store their access data for the BMW Privé Online Portal and their BMW Privé Card and keep it protected against third-party access. If a third party is suspected to have gained knowledge of the access data or had / has access to the BMW Privé Card, Members must immediately report it to the notified response center. BMW India will arrange for access to be blocked. New access data or a new card can be sent to Members upon request. BMW India shall not be liable or responsible for misuse of the card/Membership.
5. The right to Membership of the Program and the right to make use of the services and privileges associated with the Program cannot be transferred or assigned. Privileges, Offers and Services.
6. BMW India is only the facilitator for providing access to the Members to privileges, offers and services (“Benefits”) offered by the Service Providers under the Program.
7. The Benefits are outsourced purely on referral or arrangement basis and BMW India does not have any control over the same. BMW India does not offer the Benefits and is not representative of the delivery, quality, warranty, guarantee and suitability of products/services availed from the Service Provider. Any such undertaking, representation, warranty or guaranty would be furnished solely by the Service Provider under the terms agreed between you and the Service Provider.
8. The Benefits are being facilitated by BMW India on a "best effort basis” and Members must exercise due diligence in understanding specific terms of the Service Provider that may be applicable to such Benefits.
9. The Benefits may not be combined with other offers, discounts or promotions from the respective Service Provider.
10. The Benefits can be availed only in the outlets mentioned in each offer.
11. To avail the Benefits please present the BMW Privé Card to the respective Service Provider unless specified otherwise.
12. The Service Providers reserves the right to change the conditions of their Benefits, extend, alter or withdraw the Benefit or any part thereof without assigning any reason whatsoever. BMW India shall not be responsible for the act of Service Provider in this regard.
13. Any participation to avail Benefit shall be purely on a voluntary basis and Benefit cannot be exchanged with cash or any other monetary consideration or items.
14. Members are required to make prior bookings/arrangements, at their own expense including advance booking, if any, to avail the Benefits which are subject to availability.
15. The Benefits are available only on the services listed on the site and may be valid for specific periods/ areas / terms as stated therein.
16. BMW India shall not be responsible for any third party expenses which shall be solely the responsibility of and be borne by the Members who avail of the Benefits.
17. The availability of Benefits offered herein may vary from time to time and will be subject to availability with the Service Provider.
18. The Benefits may be varied or withdrawn without notice.
19. The specifications and facilities may differ from one Service Provider to another and the customer is requested to confirm all details from the concerned Service Provider at the time of booking.
20. Additional terms and conditions may apply to a particular Benefit as may be specified from time to time.
Validity of Membership and Termination:
21. The initial term of Membership commences on the date the BMW Privé Card is supplied to the Member and will terminate until the earlier of (a) the expiry date that is stated on the Card which will be valid for two years and extendable at sole discretion of BMW India on request of the Member, or (b) the date of which you cease to be an owner of the BMW Vehicle or (c) termination of the Membership by BMW India or (d) withdrawal of the Program by BMW India.
22. Upon termination of your Membership for any reason, including demise, the BMW Privé Card and membership number shall automatically become invalid and earned Benefits cannot be exchanged with any other person.
23. Members can deactivate their Membership, by giving notice by email or call the BMW Privé Response Centre.
24. A reactivation of Membership is possible at any time up until expiry of the period of validity.
25. Members will not be entitled to compensation or refunds in the event of a termination or deactivation.
26. BMW India reserves the right to withdraw the Membership of any Member on reasonable grounds.
27. In the event that a Member commits a serious infringement of the conditions of Membership or the contractual provisions relating to Benefit, BMW India and / or the respective Service Provider shall be entitled to refuse the Benefit and exclude the member from receiving further Benefit under the Program and from using the BMW Prive’ Online Portal. Transferring Benefits to a third party without written consent from BMW India constitutes a serious infringement of the conditions of membership.
28. Member may choose the Benefits as per its own sole discretion. BMW India or its representative shall not be responsible or liable for any faults or defaults of the Benefits provided by Service Provider or any obligation to make any party or full payment thereof.
29. All dealing of the Member vis a vis with the Service Provider are on principal to principal basis and BMW or its representative shall not to be treated as agent or distributor of the Service Provider.
Use of the Member’s Personal Data:
30. BMW India stores Membership and contract data from the purchase agreement documents and the Membership activation data of the Program and voluntary details to the required extent. The stored data is transferred to Service Providers of BMW India, provided that this is necessary for completing the contractually agreed services (e.g. data regarding events and bookings).
31. Changes to personal details can be made online or via the BMW Privé Response Centre.
Limitation of Liability:
32. Use of the Benefits is at your sole risk and BMW India shall not be liable for any direct, indirect or consequential losses resulting from the use of the Benefits provided by the Service Provider. Benefits are provided on an “as is” and “as available” basis. We expressly disclaim all express or implied warranties of any kind, whether relating to the Program, your Membership or the quality of any goods or services purchased or obtained by you from your use of the BMW Privé Card.
33. Any dispute regarding delivery, service, suitability, merchantability, availability or quality of the offer and / or products / services under the offer/ Benefit must be addressed in writing, by the Member directly to the respective Service Provider.
34. BMW India shall not be responsible for:
(a) Loss or theft of membership card or Membership details (including login ID and password)
(b) Unauthorised usage of the Membership
(c) Any acts or omissions of Service Providers and third parties
(d) We reserve the right to correct, without notice any errors published in materials relating to the Program, including, without limitation, any pricing or typographical errors, errors of description, errors regarding Benefits, and errors in the crediting or debiting of earned Benefits from or to Member accounts.
35. We endeavor to keep the information on our website, including the links to these Terms and Conditions. However, we are not responsible for any information that has not been updated. BMW India is not responsible for, and reserves the right to correct, any pricing or typographical errors, errors of description, or errors on its website.
36. BMW reserves the right to wholly or partially transfer or assign the Program to third parties as (co)providers.
37. Any dispute arising out of the Program shall be subject to the exclusive jurisdiction of competent courts in New Delhi.
38. These Terms and Conditions shall be governed by the Laws of India.
39. BMW India reserves the right, at any time, to alter / modify / change or vary all of these terms and conditions or to replace, wholly or in part, this Program by another Program, whether similar to this program or not, or to withdraw it altogether.
40. By using the Benefits of BMW Privé Program, you agree that:
(a) you have read, understood and accepted these Terms and Conditions
(b) you are eligible for Membership
(c) And you consent to BMW India collecting data that is personal to you, and disclosing such data to third parties, in accordance with our privacy statement. The purpose of BMW Privé Program is to facilitate the privileges, offers and services offered by third party Service Providers.
Data Privacy is a fundamental principle within a modern society. Data privacy is not - unlike the term may first suggest - all about data, but about the people, of whom information (data) is processed. Data privacy is a fundamental right, which refers to the protection of the personal rights of natural, living people. Every person should have the opportunity to decide, who gets which information about him on which occasion (informational self-determination).
BMW India Private Limited and BMW India Financial Services Private Limited (“BMW Group India”) has created this Policy to demonstrate its commitment towards the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information), Rules, 2011 (“Rules”) and also towards the BMW’s global policy for data privacy and protection.
BMW Group India recognizes the importance of "Personal Information" including "Sensitive Personal Information" provided by natural persons, under lawful contract. BMW Group India intends to take reasonable measures to keep such information confidential and may share it with its affiliates and third parties under appropriate arrangements and under the applicable laws and policies.
2.1 "Personal Data" means any information concerning the personal or material circumstances of an identified or identifiable individual, e.g. name, address, bank details etc. It can be with reference to employees, customers, suppliers, shareholders, etc. A person is considered to be identifiable if they can be identified directly or indirectly.
2.2 Employees are identified or identifiable persons, who are employed by respective BMW Group India Companies including partners associated with.
2.3 "Customers" are identified or identifiable natural persons, who show BMW Group India that they have an obvious interest in concluding a contract for the purpose of acquiring a product or a service or, as the case may be, that they are the recipient of a product or service provided by BMW Group India.
2.4 "Processing" is any operation or set of connected operations performed using the Personal Data, whether with or without the help of automatic means. This includes collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.
2.5 "Rendering Anonymous" means the alteration of Personal Data so that the details about personal or material circumstances can no longer be matched to an identified or identifiable natural person or could be so matched only by expending a disproportionate amount of time, expense and effort.
2.6 “Pseudonymising” means replacing identifying features by a code in order to make identification of the Data Subject impossible or considerably more difficult.
2.7 "Sensitive Personal Data", for the purposes of this Policy, refers to such personal information about a natural person, which consists of information relating to:
b) Financial information such as Bank account or credit card or debit card or other payment instrument details;
c) Physical, physiological and mental health condition;
d) Sexual orientation;
e) Medical records and history;
f) Biometric information;
g) Any detail relating to the above clauses as provided to us for providing services; and
h) Any of the information received under any of the above clauses by us for processing, storing or processing under lawful contract or otherwise.
Any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as Sensitive Personal Information for the purposes of this Policy.
2.8 "Provider” for the purpose of this Policy, refers to a natural person or individual who, provides Personal Information or Sensitive Personal data or information, directly under lawful contract to BMW Group India.
Purpose and usage
Provider’s Personal Information/ Sensitive Personal Data is collected and used /processed for lawful, legitimate, contractual and administrative purposes of BMW Group India.
Generally the Personal Information/Sensitive Personal Data collected pertains to the Provider that may be used for the purposes such as administration and facilitation of relationship with customers, employees, suppliers etc. for internal operational purposes, for marketing surveys and customer research and feedback, warranty services, to update with information about BMW Group India and the products and services, to provide information about special offers, from time to time and to satisfy the legal and regulatory obligations.
The Personal Information/Sensitive Personal Data collected pertaining to the staff/employee may be used for human resource management, technology support/updates, management planning, administration and management of the internal processes, services and operations to enable it to perform BMW Group India’s proper functions and to satisfy the legal and regulatory obligations. The Personal Information/Sensitive Personal Data (as per Rules) can be collected /or retained either directly by BMW Group India or through an affiliate or third party, as per the procedure prescribed by Rules.
Disclosure to Third Parties
The Personal Information/Sensitive Personal Data collected would only be used, processed and/or shared within the affiliates and/or group companies, authorized BMW and MINI dealers and other authorized business partners.
BMW Group India would not disclose any Personal Information/Sensitive Personal Data to any external organization unless it has the consent of the provider, or are required by law or have previously informed the Provider.
Notwithstanding anything in Article 4 to the contrary, if BMW Group India is, in the opinion that it is required by applicable law or government authority, to disclose any Personal Information/Sensitive Personal Data to any Person, then it may disclose such information only to the extent so required.
Security practices and procedures
BMW Group India has in place a security system, to ensure that the personal information is protected from unauthorised access, use, disclosure or alteration by anyone including the employees of BMW Group India.
BMW Group India undertakes a number of security measures to maintain the safety of the Provider’s personal information, which includes the use of: physical secure data centres and premises; internal security policies and procedures; defined internal segregation of duties; and electronic access controls such as passwords and encryption technology. Our Information Security Management System follows international standard ISO 27001.
- Data economy – Access to personal data is granted only to personnel on need to know basis. Redundant data may not be stored and personal data from concerned Department shall not be exported to other applications unless absolutely necessary. Where it is not necessary to know the identity of the Data Subject there the personal data shall be processed in pseudonymised form or a form that has been rendered anonymous.
- Purpose Limitation – Data collected for a particular purpose shall be used for that purpose only and shall not be used for any other purpose without the consent of the Data Subject or other legal permission.
- Deleting/Archiving Data - Once the purpose of the processing of Personal Data is fulfilled then such Data must immediately be deleted or, as the case may be, access thereto blocked in compliance with the obligations to retain records prescribed by law or agreed within the BMW Group India. This obligation to delete data does not apply to data that has been rendered anonymous. In exceptional cases where required such information shall be dealt with on case to case basis of the concerned Department and as per applicable laws.
No Obligation to provide personal information
The Provider is under no obligation to provide any personal information requested by BMW Group India and a Provider can withhold any personal information as he/she may choose, but in such a case BMW Group India may not be able to provide all products and services as this will depend on the kind of information withheld.
The Provider can opt-out at any time online by accessing the unsubscribe form. A minimum period of ten business days is required to process the requests.
The Provider may review the Personal Information/Sensitive Personal Data provided to BMW Group India for the purpose of ensuring that the said information is accurate. BMW Group India shall not be responsible for the authenticity of the information supplied to BMW Group India or to any person acting on behalf of BMW Group India.