1.1
BMW New Zealand Limited (company number 56683, 7 Pacific Rise, Pacific Business Centre, Mt Wellington, Auckland) and BMW Financial Services New Zealand Limited (company number 586627, 7 Pacific Rise, Pacific Business Centre, Mt Wellington, Auckland) (together, "BMW") appreciate your interest in their products and your visit to this website.

1.2
These Terms and Conditions of Use ("Terms") govern your use of this website. By accessing and browsing this website you agree to be bound, without limitation or qualification, to these Terms.

2.1
This website is provided to give information on BMW and MINI in New Zealand only. Any and all dealings and use of this website are governed by and shall be construed in accordance with New Zealand law. By accessing this website you unconditionally and irrevocably submit to the non-exclusive jurisdiction of the High Court of New Zealand.

3.1
The text, images, graphics, sound files, animation files, video files, and their arrangement are all subject to copyright and other intellectual property protection. These objects may not be copied for use or distribution, nor may these objects be modified or reposted to other websites. This website may also contain images that are subject to the copyright of third parties.

3.2
Unless otherwise indicated, all marks displayed on this website are subject to the New Zealand trade mark rights of BMW or are used by permission in New Zealand by BMW, including BMW and MINI, their model name plates, and their corporate logos and emblems. The unauthorised use of any trade mark displayed on this website is strictly prohibited.

3.3
BMW has sought to achieve an innovative and informative website. We hope that you will be as enthusiastic as we are about this creative effort. However, you also need to understand that BMW must protect its intellectual property, including its patents, trade marks and copyright. Accordingly, please appreciate that no license to BMW's intellectual property or the intellectual property of third parties has been granted by this website.

4.1
Any information contained on this website which is deemed "financial advice" for the purposes of the Financial Advisers Act 2008 is provided exclusively by BMW Financial Services New Zealand Limited.

5.1
BMW ACCEPTS NO LIABILITY FOR ANY ERRORS, NOR DOES IT ACCEPT LIABILITY FOR ANY LOSS CAUSED, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL (AND WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), HOWEVER ARISING AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.

5.2
This website is provided by BMW on an "as is" basis.

5.3
BMW makes no representations or warranties of any kind, express or implied, as to availability, description or the price of any of the vehicles listed on this website. The information on this website is provided for your information and reference only. It is not provided with the intention that you will rely on the information for any purpose.

5.4
The advertising on this website does not constitute an offer to sell any vehicle.

5.5
The prices listed on this website only apply to online sales and include GST, on road costs and delivery within New Zealand.

5.6
The vendors for all MINI vehicles sold through this website are Team McMillan Limited or Jeff Gray European Limited, and not BMW and, to the fullest extent permissible at law, BMW shall not be liable in any way under or in connection with the sale of MINI vehicles through this website.

6.1
While all care has been taken to ensure that the information presented on this website is accurate, changes and/or errors may occur. BMW reserves the right to make changes at any time without notice to the prices, materials, equipment, specifications, models and availability of the vehicles specified on this website.

6.2
BMW reserves the right, at BMW's discretion, to update or revise these Terms. Your continued use of this website following the posting of any changes indicates your acceptance of those changes.

6.3
THE PRICES LISTED ON THIS WEBSITE MAY BE ALTERED AT ANY TIME AND ALL MINI VEHICLES ARE SOLD SUBJECT TO THE PRICES APPLYING AT THE TIME THAT YOU RECEIVE NOTIFICATION OF ACCEPTANCE OF YOUR ORDER FROM THE DEALER. IF THE PRICE APPLYING AT THE TIME THAT YOU RECEIVE NOTIFICATION OF ACCEPTANCE IS GREATER THAN THE PRICE LISTED ON THIS WEBSITE WHEN YOU SUBMITTED YOUR ORDER, THE GREATER PRICE WILL APPLY UNLESS WITHIN 24 HOURS OF RECEIVING NOTIFICATION OF SUCH PRICE INCREASE YOU NOTIFY THE DEALER THAT YOU WISH TO CANCEL YOUR ORDER.

7.1
You may be asked to give us personal information when you visit this website. It is your option to provide the information requested, but if you choose not to, we may not be able to make the full benefits of this website available to you. If you give us personal information, that information will be maintained in accordance with the New Zealand Privacy Act 1993.

7.2
BMW MAY USE THE PERSONAL INFORMATION COLLECTED ON THIS WEBSITE FOR PURPOSES SUCH AS FULFILLING CUSTOMER ORDERS, INDIVIDUAL CUSTOMER CARE, MAILING OF PRODUCT INFORMATION, MARKET AND PRODUCT ANALYSIS, MARKETING, OR SPECIAL OFFERS. FOR THESE PURPOSES, THE INFORMATION MAY BE STORED, PROCESSED, AND, IF NECESSARY, PASSED ON TO OTHER ENTITIES WITHIN THE GLOBAL BMW GROUP INCLUDING BMW FINANCIAL SERVICES NEW ZEALAND LIMITED AND BMW DEALERS THROUGHOUT NEW ZEALAND. THE INFORMATION COLLECTED THROUGH THIS WEBSITE IS HELD AND CONTROLLED BY BMW NEW ZEALAND LIMITED AND ITS RELATED PARTIES.

7.3
All information collected on this website that is not expressly disclosed by you will be held and used on an anonymous basis. BMW may track your website usage for the purpose of collecting information relating to your access to, and use of, this website using "cookies". A cookie is a small data file that the website may write to your computer's hard drive to keep records of your website usage, and to authenticate that you are permitted to use the website. You can disable cookies at any time by turning them off in your browser. However, you may not be able to access some areas of the website and/or some areas of the website may not function properly if you do so.

7.4
BMW will endeavour to ensure that the personal information you provide is kept confidential and not released to a third party, except where required by law or as permitted under clause 7.2. However, BMW will not be responsible for any breaches of security caused by third parties and does not represent that the website is completely secure.

7.5
You may request access to any readily retrievable information held about you and, where that information is inaccurate, ask for it to be corrected.

7.6
The information may include your name, address, telephone numbers, information on how you use our products and services (such as information on your browsing activity when visiting this website), and any other information collected in relation to your use of and interest in our products and services.

8.1
BMW takes your security when dealing with BMW very seriously. BMW uses a secure online credit card transaction facility with advanced technology to protect your privacy and identity. Transactions are encrypted with the latest technology to ensure safety and privacy.

8.2
BMW accepts no liability for loss caused, whether direct, indirect, or consequential, (and whether in contract, tort (including negligence) or otherwise) however arising as a result of or in connection with your use of the online credit card transaction facility.

8.3
Your credit card details are not stored or processed on the website after order payment has been confirmed.



2010, May 1st