MINI CONNECTED APP
TERMS AND CONDITIONS OF USE.
Last updated: January 10, 2019
1. Limited License.
MINI hereby grants you a limited, non-exclusive, non-transferable, terminable license to perform, display and use the App and the content provided solely with your Device in Canada for the purposes and in accordance with the usage restrictions specified in the Agreement. The license is solely for your personal use. MINI and our Affiliates and/or licensors retain all right, title and interest in and to the Software, the Application Services and all related data and information, including, without limitation, all intellectual property rights and interests.
You agree that you will not, and will not allow any third party, to:
(i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the App, unless otherwise permitted;
(ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality contained in the App; or
(iii) remove, obscure, or alter MINI’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the App.
2. Availability of the App.
3. Unauthorized Uses.
MINI, in its sole discretion, may determine which uses of this App and/or the services offered within the App are improper and/or unauthorized. MINI may take any appropriate action in response to unauthorized uses, including but not limited to blocking any user of this App. You agree not to use this App to:
(i) make fraudulent statements or other misrepresentations;
(ii) access, copy, transfer, transcode or re-transmit content in violation of any law or third party rights;
(iii) violate a legal duty to a third party;
(iv) transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(v) intentionally violate any national or international statute, law, decree, rule and/or regulation or for any improper, unlawful or unauthorized purpose; or
(vi) “stalk” or harass another person.
4. MINI Login.
Within the App, you are able to create a MINILogin. Once you create a MINILogin, you will be able to use the App.
5. Your Obligations.
6. Termination/Cancellation of Services.
You may cancel the Application Services available through your Device by uninstalling or deleting the App from your Device. You cannot cancel the MINI Services simply by uninstalling or deleting the App from your Device. For information on terminating your account for MINI Services at any time, contact MINI, your MINI retailer or MINI Assist Call Centre at 1-866-860-0080. If you sell, dispose of or transfer your Vehicle, you must contact MINI immediately to terminate your account and cancel the MINI Services, and you must stop using the MINI Services for that Vehicle.
7. Use While Driving.
The App is intended to be launched while the user is not operating his or her motor vehicle. Do not use the App while operating a motor vehicle unless the App is connected to the infotainment display and can be used in a hands-free manner. You agree to use the App and Application Services responsibly and only when it is safe to do so, and to avoid any interaction with mobile devices while driving your Vehicle. Using a mobile device while driving can distract the driver and may cause loss of vehicle control resulting in an accident, serious injury, or death.
8. GPS and Estimated Time of Arrival.
The App uses GPS to estimate destination arrival times. Please note that continued use of GPS running in the background can dramatically decrease battery life. Standard data rates may apply, depending on your mobile service provider and plan. Times of arrival are intended as estimates only. A number of factors may impact actual arrival time, including traffic and weather. MINI MAKES NO WARRANTY OR GUARANTEE AS TO THE ACCURACY OR RELIABILITY OF THE GPS SERVICES OR ESTIMATED ARRIVAL TIMES.
9. Data Charges.
The App requires utilization of wireless or cellular data access. You are responsible for securing the necessary data access service. The provider of such access to your mobile Device may charge you data access fees in connection with use of the App. You are solely responsible for all such charges payable to third parties.
10. Disclaimer of Warranties
The information, products, and Application Services provided within the App are “As is, Where is” with no express or implied warranty or guarantee of any kind regarding the merchantability, fitness for a particular purpose, quiet enjoyment, title or non-infringement, and any warranties arising out of course of dealing, performance or usage of trade. Nor does MINI or our Affiliates guarantee that the Application Services or content will meet your requirements or be available on an uninterrupted, secure or fault-free basis. Neither we nor our Affiliates make any warranty regarding the quality, accuracy, content, completeness, reliability, timeliness, truthfulness, operability, or legality of any of the Application Services or content of this App. Any warranty that is provided in connection with any MINI products described on the App shall be limited to the warranties provided in the documents of sale of such product, and any limitations included therein.
We further disclaim any responsibility to protect your Devices and systems from viruses, “worms,” malware, spyware, “trojan horses” and other malicious code or programs.
Your use of this App, any app linked through this App, and any information, material or content available within this App and through the Application Services is entirely at your own risk. In no event shall MINI or its agents, Affiliates, or licensors be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any damages whatsoever, resulting from loss related to the use of the App or any of the Application Services or any information, material or content contained therein regardless of the type of claim or the nature of the cause of action, even if MINI has been advised of the possibility of such damage or loss. None of MINI or its agents, Affiliates or licensors shall be responsible for, without limitation, lost profits, revenues, data or goodwill, or financial losses associated with the use of this App, the Application Services, or the information, material or content contained therein, service interruption, computer damage, system failure, or the cost of substitute services arising out of or in connection with the Agreement, the use or inability to use this App, the Application Services or the information, materials and content contained therein. In the event any exclusion or limitation of liability is limited by law, such liability is limited to the fullest extent permitted by law.
13. Third Party Content.
Your use of the Application Services may involve services made available to you by third parties, such as the wireless services provided for your Device by your wireless carrier, and map and data services. Any link or function contained in this App, which provides access to third party programs or content, are provided for convenience only. MINI does not express any opinion on or endorsement of the content of any such third party programs and expressly disclaims any liability for the quality, content, nature, or reliability of any such third party resources and the information, products and services found thereon.
Any map or data services that are provided are governed by terms posted on that service provider’s website. You may also receive promotions and offers from third party service providers through the Application Services. These third party services, promotions and offers, and any related transactions you enter into, are solely between you and the third party. We cannot guarantee their performance, reliability or security, and we are not responsible for any losses or damages they may cause, including any loss of personal information through third party network services. This section does not limit section 10 of Quebec’s Consumer Protection Act, if such legislation is otherwise applicable.
The App offers an interface to a messaging service from Twilio for the Share ETA feature. By using Twilio’s messaging service the customer accepts Twilio’s terms at https://www.twilio.com/legal/tos.
14. Copyright and Trademark.
MINI, its Affiliates or licensors own the copyright in all material and information contained on this App unless otherwise indicated. All of the content, materials and information contained within or through this App is provided for information purposes only, and is protected by Canadian and international copyright laws, and may be subject to other intellectual property protections including patent and trademark rights, unless otherwise indicated. No license is granted to you to use any trademark of MINI, its Affiliates or licensors. You may not assert any claim or ownership to any such trademarks. Any reproduction, retransmission or other use is strictly prohibited. You may print one copy and may download extracts of any page(s) from the App for your personal reference. You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. You must always attribute MINI (and that of any identified contributors) as the author of materials and content on this App. You must not use any part of the materials or content on the App for commercial purposes without MINI written permission. MINI and its Affiliates reserve the right to pursue any intellectual property infringement in the courts of the country where they suffer damages.
Except as described above, none of the materials or content contained on or through the App (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), resold or redistributed without the prior written permission of MINI.
16. Applicable Law.
These Terms are governed by and construed in all respects in accordance with the laws of the Province of Ontario, without reference to any conflict of law principles, and you hereby submit to the exclusive jurisdiction of the Ontario courts over any claim arising from, or related to these Terms or your use of the App, although we retain the right to bring proceedings against you for breach of these conditions in your province or country of residence or any other relevant country. These Terms, including disclaimer of warranties and limitations of liability, will be enforceable against your heirs, administrators, personal representatives, successors and assigns. You agree that by accepting these Terms, you are waiving the right to trial by jury and the ability to participate in a class action to the extent permitted by law.
MINI makes no representation that the App is appropriate or available for use outside of Canada. If you access the App or Application Services from outside Canada, you are responsible for complying with local laws. By downloading the App, you warrant that you are not located in any country, or exporting such Software to any person or place, to which Canada has embargoed goods.
18. Void Where Prohibited.
Although this App and its content may be accessible worldwide, any material or Application Service offered herein is void where prohibited by law. Accessing the App from territories where its contents are illegal or unlawful is prohibited.
The use of this App and any Application Service is not intended for children under the age of 16. Moreover, any minor under the age of 18 should seek their parent’s or guardian’s permission prior to use of this App.
20. Changes to these Terms.
MINI may change these Terms from time to time with notice to you and the opportunity to decline further use of the App. We will notify you of changes by publishing the amended Terms on this page and alert you of changes when you open the App. These modifications do not affect rights and obligations that arose prior to such changes. MINI recommends that you review these Terms and check for notice of updates regularly. Certain terms may be superseded by expressly designated legal notices or correspondence sent to you. You agree that your continued use of the App after notification of any modification to the Terms constitutes your agreement to the modified terms. The date on which this policy was last updated is located at the top of this page. If you do not agree with any modifications to these Terms, please stop using the App and the Application Services.
21. Remote Services.
Remote services may not be available in all vehicle models, model years and jurisdictions. In order to ensure proper system operation and compliance, installation instructions must be strictly adhered to.
If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable, then to the extent that Term is illegal, invalid or unenforceable, it shall be severed and deleted. The remaining Terms shall survive, remain in full force and effect, and continue to be binding and enforceable. No waiver by MINI of breach of an obligation arising under these Terms shall constitute a waiver of any other breach.
23. Software Updates.
From time to time the App software may be updated. You expressly agree that MINI may remotely deliver future updates to your Device. If MINI provides further notice or requests further consent to a Software update, the notice or consent may be received or provided by you or any authorized user of the Device, and such notice or consent is sufficient for you and all authorized users of the Device. The person receiving or providing that notice or consent is responsible for notifying you and all authorized users of the notice and of his or her consent. If you do not consent to receiving future updates, you may cancel the Application Services at any time by deleting the App. You agree that you do not own or acquire any rights to use or modify the App software on your own.
24. Apple Devices.
If your Device is an Apple device, then the following paragraph applies: You are entering into the Agreement, including these Terms, with MINI and not with Apple Inc. (“Apple”). However, Apple and its subsidiaries are third party beneficiaries of the Agreement, and Apple may enforce the Agreement. We are solely responsible, as provided in these Terms, for the Application and its associated information; Apple makes no warranty with respect to the Application or the information and has no obligation whatsoever to furnish any maintenance and support services for the Application. Apple is not responsible for addressing any claims relating to the Application or its associated information or your possession or use of the Application, including but not limited to: (i) product liability claims, (ii) any claims that the Application fails to conform to any legal or regulatory requirement, and (iii) claims arising under consumer protection and similar legislation. If a third party claims that the Application, its associated information, or your possession or use of the Application or associated information infringes a third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge that you have reviewed the App Store Terms located online at http://www.apple.com/legal/itunes/us/terms.html#APPS and that you shall comply with such terms.
If you would like to review, modify, correct or update the accuracy of any personal information you provide upon activation of the services, or you have any questions or comments, please contact us at any time at MINI Customer Service at 50 Ultimate Drive, Richmond Hill, ON L4S 0C8, or by telephone at 1-866-DRV-MINI (1-866-378-6464), by emailing us at email@example.com.