Terms and Conditions of Use

WELCOME TO THE BMC WEBSITE

1. Terms and Conditions of Access – Our Agreement with You

BM Connections website (BMC website) is designed to assist sellers (Sellers) and prospective purchasers (Buyers) of motor vehicles (and other goods and services), to identify, and if they wish, contact each other by viewing information (Information/Your Information) about such vehicles (or goods or services), on the BMC website. As the user (You) agree to be bound by these terms and conditions in accessing the BMC website.

2. Who operates the BMC website?

BMC website is owned and operated by Siryn Investments Pty Ltd ACN 136 834 538 (Us/We). The trade mark BM Connections is owned by Siryn Investments Pty Ltd. BMC not owned in whole or in part or in any way related to, endorsed or sponsored by BMW Australia Ltd or BMW AG, Munich, Germany.

3. Terms and conditions

By accessing the BMC website You agree to be bound by these terms and conditions which may be varied by Us from time to time.  These terms and conditions impose important legally binding contractual and other obligations and form an agreement between You and BMC. If You do not accept these terms (or any subsequent variation of them) on each and every occasion You visit this website You should leave BMC website immediately.

4. Important acknowledgements by You

Whilst use of the BMC website may facilitate the sale or purchase of a vehicle, (or goods or services) advertised on BMC website (Transaction), YOU ACKNOWLEDGE AND AGREE THAT: · BMC is not involved in the actual transaction between buyers and sellers; · BMC has no control over the quality, safety or legality of items or content or information posted by users of BMC website or the truth or accuracy of advertising, the ability of Sellers to sell ,or the ability of Buyers to buy vehicles or goods or services advertised on BMC website; · BMC is not acting as a broker or agent either on Your or any other party’s behalf in any Transaction.

If You are a Buyer: You are responsible for ensuring that any vehicle You are considering purchasing;

  • Is not subject to any claim by any third party which may prevent You acquiring ownership of the vehicle;
  • Is legally offered for sale by the Seller;
  • Is not listed on any register of security interests (e.g. REVS) or is a ‘written off vehicle’ or ‘water damaged’ vehicle;
  • Complies with any applicable roadworthy test or applicable safety or other legislation or standards applying to the vehicle including any noise and emission requirements;
  • Accords with the description of the vehicle upon which You relied in purchasing the vehicle;
  • Is fit for the purpose for which You purchased the vehicle;
  • Is capable of being registered and used on Australian roads and You undertake the responsibility of ensuring any legislative requirements are complied with to enable You to own, register and legally operate the vehicle in Australia.

If You are Seller:

  • In order to advertise on BMC website You must complete the on line application form (Application) and comply with the terms and conditions of our Seller’s Advertising Agreement.
  • ‘Your Information’ means any information in digital or other form concerning You or any vehicle (or other goods or services) You advertise or seek to purchase on BMC website as well as any information You give to Us or other users of BMC website in the advertising, or listing process, in any public message area (including any discussion boards and chat rooms and in feedback), or through any email feature. Your Information also includes the description and photographs of the vehicle You offer for sale or display on BMC website, as well as any content You post on other web pages within the BMC website (including photographs or other images).
  • You are solely responsible for Your Information. We act as a passive conduit and take no active part in the online distribution and publication of Your Information. We do not check such Information for accuracy or compliance with any statutory or other legislative requirements.
  • In addition to this Agreement, You must familiarise yourself with and are totally responsible for complying with Australian law  regarding Your use of BMC website including advertising on, listing, purchase, solicitation of offers to purchase, and sale of vehicles. In particular, You must ensure that Your activities, vehicles You list (which is part of Your Information), and the balance of Your Information do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant state-based fair trading legislation and legislation relating to the sale of new and used motor vehicles.
  • Your Information must not, in any way whatsoever, be potentially or actually harmful to BMC or any third party, where ‘harm’ includes, but is not limited to non-economic loss that will or may be suffered by BMC. Your Information must be up to date and kept up to date and must not: o be false, inaccurate or misleading or deceptive;
    • be fraudulent or involve the sale of counterfeit or stolen items;
    • infringe any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights, confidentiality or privacy;
    • violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws); o be defamatory, libellous, discriminatory, threatening or harassing;
    • be obscene or contain any material that, in BMC's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; o contain any content that is prohibited or that, in BMC's sole and absolute discretion, may be prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth);
    • contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of BMC website, including, but not limited to viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
    • create any liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider or other suppliers; or link directly or indirectly to or include descriptions of vehicles or goods or services that:
      • are prohibited under this Agreement;
      • are concurrently listed for sale on a web BMC website other than BMC's; or
      • You do not have a right to link to or include references to other websites in to order to display Your Information.
  • You license BMC to use Your Information and warrant that in so doing that We are not violating any rights any other party might have in that information (including any intellectual property rights). You grant Us a non-exclusive, worldwide, perpetual, irrevocable, and royalty-free, right to do and authorise the doing of all acts comprised in the copyright and to exercise the publicity, and database rights (but no other rights) You have in Your Information, in any media now known or not currently known, with respect to Your Information.
  • BMC will only use Your Information in accordance with Our Privacy Policy.

5. Use of information

Information displayed on the BMC website must not be:

  • Mirrored or framed to any other website; · Copied, distributed, sold, displayed or reproduced in whole or in part in any publication or on-line;
  • Incorporated in whole or in part in any way in a database or linked or accessed by any automated or computer assisted search or compilation mechanism. This does not prohibit Buyers or Sellers downloading information from the BMC website for their personal use and retaining or making a single copy thereof.

6. Our Privacy Policy

BMC Privacy Policy

7. SPAM restrictions

Where BMC allows You to email from BMC website You warrant that that the person to whom the email is addressed has consented to the email being sent  and indemnify BMC, its servants and agents against all actions, claims and demands (including the cost of defending or setting any actions, claims and demands) arising out of or in respect of sending such email and any contravention of the SPAM Act 2003(Cth).

8. Limit of liability

  • We provide our BMC website and services without any warranty or condition, express or implied to the extent permitted by law. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement unless We are required to provide such warranties under applicable law.
  • We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our BMC website as it may be interfered with by factors outside our control. To the extent that such factors are outside of our control, BMC shall not be liable.
  • To the extent that BMC and all affiliates and related entities of BMC are able to limit the remedies available under this Agreement, BMC and all affiliates and related entities of BMC expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at BMC's sole discretion): o the supply of the services again; or o the payment of the cost of having the services supplied again.However, if You are considered a consumer under an Australian consumer protection law that applies to BMC, and You use our services for personal, domestic or household use, this will not apply to You.
  • To the extent permitted by law in no event shall We, our affiliates and related entities be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with BMC website, our services or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of Your actions under the laws which apply to You. You agree that BMC and all affiliates and related entities of BMC have no responsibility for the legality of our users’ actions.
  • To the extent permitted by law, and subject to any contrary requirements arising under any applicable law, our liability, and the liability of our related bodies corporate, affiliates or suppliers, to You or any third parties in any circumstance is LIMITED TO $100. Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of BMC and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Trade Practices Act 1974 (Cth) and relevant state consumer and fair trading legislation.

9. Indemnity

You agree to indemnify and hold Us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of Your breach of this Agreement or Your violation of any law or the rights of a third party.

10. Breach of terms - fraud and termination

Without limiting any other remedies available to BMC at law, in equity or under this Agreement, BMC may, in its sole discretion, suspend or terminate Your access to BMC website and terminate this Agreement if We reasonably suspect or believe, or are informed by a government authority, that You (arising from a charge, conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged or may engage in fraudulent or criminal activity using, or otherwise in connection with Your use of BMC website, and You will have no claim whatsoever against BMC in respect of any such suspension or termination.

11. Jurisdiction, Severability and Assignment

This Agreement will be governed in all respects by the laws of the State of South Australia. You and BMC irrevocably submit to the non-exclusive jurisdiction of the courts of South Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by BMC to a third party without Your consent in the event of a sale or other transfer of some or all of the assets of BMC. In the event of any sale or transfer You will remain bound by the Agreement.

12. Headings

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to an anticipated or actual breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement may not be construed adversely against Us solely because We prepared it.