Term Of Use

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Term Of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY VISITING OUR WEBSITE OR MOBILE APP(S), YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS. PLEASE REFRAIN FROM USING THE SERVICES ON THIS PLATFORM OR ANY OTHER SERVICES OFFERED BY US IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS.

 

  1. Welcome to www.bimmeronline.com. This is an internet-based platform and/or mobile application owned and operated by Effizient Global Solutions (hereinafter referred to as “Bimmer Online”, “We”, “Our”, “Us” or “Company”).
  2. Your access or use of the website, transactions on the website and use of Services (as defined herein below) are governed by the following terms and conditions, including the applicable policies, which are incorporated herein by way of reference. These terms and conditions constitute a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and Bimmer Online on the other part. Any references to “these Terms & Conditions” or “this Agreement” refer to the terms and conditions herein and all of its annexes, schedules and appendices which shall be construed as an integral and binding part of the agreement between you and Bimmer Online.
  3. The website is an advertising platform containing and collecting data and domain visits. The platform is intended to collate, organize, and supply a relevant and useful services for our visitors and the Users. The platform also contains informative materials and outgoing channels accessible by the Users and all services and functionalities which we may provide via our website and other platforms (such as social media) the time being as well as all other further and additional services and functionalities that may become available in the future. This shall also include any and all other ancillary, affiliate and related platforms, services and functionalities that we or our affiliates may provide from time to time (hereinafter referred to as the “Services”).
  4. Bimmer Online reserves the right to change or modify these terms and conditions or any policy or guideline of the mobile app and/or website including the Data Protection Notice, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revised version on the mobile app and/or website and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the website and other services will confirm your acceptance of such changes or modifications. Therefore, you should frequently review these terms and conditions and applicable policies to understand the terms and conditions that apply to your use of the mobile app and/or website.

Using Bimmer Online

 

  1. In connection with using or accessing our Services you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:
  • Post, list or upload content or items in inappropriate categories or areas on our sites;
  • Breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
  • Manipulate the price of any item or interfere with any listings;
  • Post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
  • Take any action that may undermine the feedback or ratings systems
  • Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • Distribute viruses or any other technologies that may harm eBay or the interests or property of users;
  • Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Bimmer Online;
  • Interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
  • Export or re-export any Bimmer Online application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
  • Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Bimmer Online. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Bimmer Online or someone else;
  • Infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;
  • Commercialize any Bimmer Online application or any information or software associated with such application, except with the prior express permission of Bimmer Online;
  • Harvest or otherwise collect information about users without their consent; or
  • Circumvent any technical measures used to provide our Services.
  1. Failure to meet these standards may result in Bimmer Online charging you additional fees, and/or limiting, restricting, suspending, or downgrading your access or accounts (if any).
  2. If we believe you are abusing our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
  3. We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.

TERMS OF USE, PROHIBITIONS AND INTELLECTUAL PROPERTY

 

  1. In consideration of us providing you access and use of the Services via our mobile app and/or website, you hereby agree that the terms and conditions set forth herein shall be binding between the parties.
  2. In order to use our Services, you must be at least 18 years of age.
  3. The download and use by you of the Services, and website does not amount to any sale or transfer of the same to you. You are merely licensed to use the Services, and website in accordance with the terms herein and any other prevailing and/or supplementary terms and conditions accompanying the Services and website as well as future replacements and/or updates of the Services and website.
  4. We reserve the sole right at our full discretion to amend, alter, replace, update and/or discontinue the Services and website, whether in whole or in part thereof, without any notice to you.
  5. You shall not, whether by yourself and/or through and/or by way of enabling your agents, employees, directors, shareholders, partners, representatives, affiliates and/or any other third party, reverse engineer, decompile, decode, decrypt, derive, alter, modify, amend, tamper, hack and/or create derivative works out of the website, their source codes, their electronic or digital rights management components, their layouts and/or any components of the website whether in whole or in part or in any combination whatsoever thereof.
  6. You acknowledge and agree that the platform and website contains proprietary and confidential information, material, content and intellectual property belonging to us including, but not so limited to, copyrights, designs, databases, confidential information, layouts, patents, trademarks, badges of trade, source codes, compilations, annotations, lists, data, images, and all other forms of proprietary material (hereinafter collectively referred to as the “Intellectual Property”).
  7. Unless otherwise expressly stated herein, you shall not have any rights, license, consent, authorisation nor permission from us to use, copy, reproduce, make reference to, store, circulate, distribute, sell or resell, offer for sale or resale, export or re-export, import or re-import, make publicly available, alter, amend, tamper, hack, modify or otherwise exploit and/or deal with any and all Intellectual Property belonging to this website.
  8. Users should only access our website through www.Bimmer Online.com and/or other login channels assigned on the website and/or mobile app and via official email sent from the Company direct to user emails.
  9. Users are to provide accurate and correct information when signing up and using any of the Services.
  10. Our Services and contents are for personal use only. Any promotional or public usage without permission is deemed as theft by the Company.
  11. The information, analysis, and opinions expressed in the platform are for informational purposes only. Nothing contained in the platform is intended to constitute legal, tax, accounting, securities, or investment advice, nor an opinion regarding the appropriateness of any investment, nor a solicitation of any type.
  12. None of our resources including material on social media channels and blog pages such as videos, online data and/or updates are to be copied, burned, screen captured, or replicated in any form or manner.
  13. Accessing our portal and/or intended forums while engaging in any infringements or threats towards the admins, company material, or other members would be dealt with as a criminal offence and/or Intellectual Property rights infringement.
  14. Bimmer Online website and other resources and accounts linked to the Company do not condone any external promotional activities and soliciting products or services unless prior permission has been obtained.
  15. Site visitors and users are not permitted to ‘mirror’ or ‘copy’ any part of the website and/or mobile app or contents without prior authorization.
  16. Usage of any robots, site retrieval application or other automatic devices which are deemed to be a threat to any of the Company’s resources and know-how will be dealt with as a criminal offence and/or Intellectual Property rights infringement.
  17. Bimmer Online strongly forbids any unsolicited or unauthorized promotions or other activities which might be considered a threat to the Company or our Users.
  18. Any incitation of hate, vulgarity, profanity or pornography in any section is strongly condoned and the Company reserves the right to take the necessary action as it sees fit.

TERMS OF USE, PROHIBITIONS AND INTELLECTUAL PROPERTY

 

  1. In consideration of us providing you access and use of the Services via our mobile app and/or website, you hereby agree that the terms and conditions set forth herein shall be binding between the parties.
  2. In order to use our Services, you must be at least 18 years of age.
  3. The download and use by you of the Services, and website does not amount to any sale or transfer of the same to you. You are merely licensed to use the Services, and website in accordance with the terms herein and any other prevailing and/or supplementary terms and conditions accompanying the Services and website as well as future replacements and/or updates of the Services and website.
  4. We reserve the sole right at our full discretion to amend, alter, replace, update and/or discontinue the Services and website, whether in whole or in part thereof, without any notice to you.
  5. You shall not, whether by yourself and/or through and/or by way of enabling your agents, employees, directors, shareholders, partners, representatives, affiliates and/or any other third party, reverse engineer, decompile, decode, decrypt, derive, alter, modify, amend, tamper, hack and/or create derivative works out of the website, their source codes, their electronic or digital rights management components, their layouts and/or any components of the website whether in whole or in part or in any combination whatsoever thereof.
  6. You acknowledge and agree that the platform and website contains proprietary and confidential information, material, content and intellectual property belonging to us including, but not so limited to, copyrights, designs, databases, confidential information, layouts, patents, trademarks, badges of trade, source codes, compilations, annotations, lists, data, images, and all other forms of proprietary material (hereinafter collectively referred to as the “Intellectual Property”).
  7. Unless otherwise expressly stated herein, you shall not have any rights, license, consent, authorisation nor permission from us to use, copy, reproduce, make reference to, store, circulate, distribute, sell or resell, offer for sale or resale, export or re-export, import or re-import, make publicly available, alter, amend, tamper, hack, modify or otherwise exploit and/or deal with any and all Intellectual Property belonging to this website.
  8. Users should only access our website through www.Bimmer Online.com and/or other login channels assigned on the website and/or mobile app and via official email sent from the Company direct to user emails.
  9. Users are to provide accurate and correct information when signing up and using any of the Services.
  10. Our Services and contents are for personal use only. Any promotional or public usage without permission is deemed as theft by the Company.
  11. The information, analysis, and opinions expressed in the platform are for informational purposes only. Nothing contained in the platform is intended to constitute legal, tax, accounting, securities, or investment advice, nor an opinion regarding the appropriateness of any investment, nor a solicitation of any type.
  12. None of our resources including material on social media channels and blog pages such as videos, online data and/or updates are to be copied, burned, screen captured, or replicated in any form or manner.
  13. Accessing our portal and/or intended forums while engaging in any infringements or threats towards the admins, company material, or other members would be dealt with as a criminal offence and/or Intellectual Property rights infringement.
  14. Bimmer Online website and other resources and accounts linked to the Company do not condone any external promotional activities and soliciting products or services unless prior permission has been obtained.
  15. Site visitors and users are not permitted to ‘mirror’ or ‘copy’ any part of the website and/or mobile app or contents without prior authorization.
  16. Usage of any robots, site retrieval application or other automatic devices which are deemed to be a threat to any of the Company’s resources and know-how will be dealt with as a criminal offence and/or Intellectual Property rights infringement.
  17. Bimmer Online strongly forbids any unsolicited or unauthorized promotions or other activities which might be considered a threat to the Company or our Users.
  18. Any incitation of hate, vulgarity, profanity or pornography in any section is strongly condoned and the Company reserves the right to take the necessary action as it sees fit.

CONSENT TO THE COLLECTION AND USE OF INFORMATION

 

  1. In order for us to provide the Services to you, we require you to provide us your personal data. You hereby give us, our agents, representatives, subsidiaries, affiliates, contractors and/or permitted assigns to collect, retain, analyse, process and/or use your personal data strictly for the purposes and the duration necessary for providing the Services to you. In the event where your personal data that is supplied to us is inaccurate, outdated or untrue, we have the right to immediately suspend the provision of the Services to you until such personal data has been rectified. Kindly refer to our Data Protection Notice for information relating to the use of your personal data.
  2. You agree and consent to receiving notices, announcements, advertisements and all other forms of communications from us pertaining to our Services, whether physical or electronic, via mail, email, our mobile app and website.
  3. You grant Bimmer Online and all other persons or entities involved in the operation of the platform the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the platform and in the provision of the Services to you. Bimmer Online cannot and do not assume any responsibility or liability for any information you submit and for the use or misuse of information transmitted or received by you or third parties, using the platform.
  4. You acknowledge that the platform may use geolocation functionality to determine your location. Such geolocation functionality is provided by third party service providers. You acknowledge and agree that by using the geolocation functionality, you are consenting to the collection of information in relation to your location and agree to be bound by the terms of use of such third party service provider.
  5. You also acknowledge and agree that the downloading, installation, use, updating and/or restoring of the mobile app by you may involve the downloading, installation, use, updating and/or restoring of Third Party Software. Should you choose to do so, you hereby acknowledge and agree that we do not make any representations nor warranties as to such third party software and do not evaluate, assess, certify nor endorse any such third party software. You further acknowledge and agree that you shall comply with any and all terms and conditions accompanying the provision of such third party software to you.

DISCLAIMERS AND LIMITATIONS

 

  1. We do not make any representations nor warranties whatsoever regarding the accuracy and aptness of the information available on our platform. Any and all representations made on our website are of general nature. The information, analysis, and opinions expressed in the platform are for informational purposes only.
  2. The platform, mobile app, website and/or third party software is provided on an “as is” and “as available” basis with all faults and without any warranties whatsoever. To the fullest extent permitted by law, we disclaim all forms of warranties and conditions including, but not limited to, warranties and conditions in relation to merchantability, satisfactory quality, fitness for any particular purpose, quiet enjoyment as well as all other conditions and warranties whatsoever and howsoever arising, whether express or implied and whether by any applicable statutory law, by-laws, regulations or otherwise in relation to the platform, mobile app, website and/or third party software.
  3. You acknowledge and accept that we do not make any representations nor warranties as to any interference, disturbance, interruption, disconnection and/or discontinuance with your enjoyment and/or use of the platform, mobile app, website and/or third party software as well as to any error-free use of the platform, mobile app, website and/or third party software.
  4. You acknowledge and accept that we do not make any representations as to the digital security of our mobile app, website and/or third party software including but not limited to the transmission of any viruses, bugs and/or Trojans that may result from your downloading, installation, use, updating and/or restoring of our mobile app, website and/or third party software.
  5. You acknowledge and accept that we do not make any representations nor warranties in relation to the compliance with or non-infringement of any third party rights with regards to the platform, mobile app, website and/or third party software. You acknowledge and accept that you do not rely on any representations nor warranties from us in relation to any such third party rights and any infringement or non-compliance of any such third party rights by you via your use of the platform, mobile app, website and/or third party software shall be at your sole risk and responsibility.
  6. To the fullest extent permitted by law, in no event shall we be liable for any personal or physical injury, financial losses, property damage, direct or indirect, incidental, consequential, general and/or special damages, reliance loss, expectation loss, expenses, costs and any form of damages and/or losses whatsoever and howsoever arising including, but not limited to, damages and/or losses occurring to you, any other software or applications owned by you, your personal data, and/or your personal property due to any interference, interruption, corruption or loss of data, disturbance, discontinuance, disconnection, time delays, inaccuracy, viruses, Trojans, bugs, failure to transmit and/or receive data in relation to the downloading, installation, use, updating and/or restoring of the platform, mobile app, website and/or third party software as well as all other forms of non-performance, use or inability to use the platform, mobile app, website and/or third party software whatsoever and howsoever arising.
  7. To the fullest extent permitted by law, in no event shall we be liable for any personal or physical injury, financial losses, property damage, direct or indirect, incidental, consequential, general and/or special damages, reliance loss, expectation loss, expenses, costs and any form of damages and/or losses whatsoever and howsoever arising due to your reliance of the information obtained from our platform.
  8. You understand and agree that any content downloaded or otherwise obtained through the use of the mobile app or website is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data or business interruption that results from the download of content.
  9. Bimmer Online shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in or appearing on any mobile app, website, platform or allocated forums. Your participation is solely at your own risk. No advice or information, whether oral or written, obtained by you from Bimmer Online or through Bimmer Online, its employees, or third parties shall create any warranty not expressly made herein. You acknowledge, by your use of any mobile app, website, platform or forum, that your use of the mobile app, website, platform or Forum is at your sole risk.

WAIVERS AND INDEMNITIES

 

  1. You agree to defend, indemnify and hold harmless Bimmer Online or its agents, vendors or suppliers from and against any and all claims, suits, legal actions, prosecutions, liabilities, damages, costs and expenses, including reasonable solicitors’ fees, arising from or related to your use or misuse of the mobile app, website or platform, including, without limitation, your violation of these Terms & Conditions, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.
  2. In the event that your downloading, installation, use, updating and/or restoring of the platform, mobile app, website and/or third party software infringes any third party rights, you hereby agree to waive all claims against us pursuant to any such infringement.
  3. In the event that such claims are attributable to your own independent conduct, then you hereby agree as well to completely hold us harmless and indemnify us against any and all claims, suits, legal actions, prosecutions, liabilities, damages, expenses and costs, including reasonable solicitors’ fees, that may arise out of such infringement to the extent that it is attributable to your own conduct.

 

 TERMINATION

 

  1. This Agreement may be terminated by either party at any time provided such termination is carried out using the notification methods and channels provided by us to you via our mobile app and website.
  2. Bimmer Online reserves the right to terminate or suspend your access to and use of the mobile app or website, or parts of it, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where we have reason to believe that you are in violation of these Terms & Conditions.
  3. Upon the termination of this Agreement, all other rights, indemnities and/or waivers accrued immediately prior to such agreement, whether pursuant to this Agreement or pursuant to all other applicable laws, shall continue to be enforceable and take effect until its full discharge.
  4. Upon the termination of this Agreement, you shall immediately remove any and all copies of our mobile app, website and/or third party software, and any information you obtained from our platform, whether in whole or in part, that is in your possession and you shall immediately cease using the same.
  5. The parties agree however that Clauses 5 to 7 above shall continue to be binding and enforceable between the parties notwithstanding the termination of this Agreement.

GENERAL

 

  1. You agree that no delay nor inaction on our part to enforce any of our rights pursuant to these Terms & Conditions or pursuant to all other applicable laws shall be construed as any form of waiver on our part.
  2. Any request for a refund by you will be assessed on a case by case basis. We have the sole discretion in refunding any monies paid by you upon deducting any charges which we deem reasonable.
  3. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and shall supersede any past representations, negotiations and/or previous agreements. You further agree that you shall comply with any and all other terms and policies notified by us to you from time to time via our mobile app and website. Where any terms or policies notified to you via future agreements or via our mobile app and website contradict the terms of this Agreement, then you agree that the latest terms at the time being shall prevail.
  4. Where any term or terms herein is found to be invalid or illegal at any time, the parties agree that such invalid or illegal term(s) shall be severed from these Terms & Conditions as if it was never a part of these Terms & Conditions and the remainder of all other terms herein shall continue to be in force and binding between the parties.
  5. You shall not assign or transfer your rights or obligations herein without the prior written consent from us.
  6. These Terms & Conditions shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto submit to the exclusive jurisdiction of the Courts of Malaysia.

 

Periodic Newsletter(s)

DISCLAIMER

Any newsletters is for information purposes only. No warranties or representations are made as to the accurateness and aptness of the content or market results. The information contained herein is obtained from sources believed to be reliable, but its accuracy cannot be guaranteed and therefore errors cannot be excluded. The information contained herein is not intended to constitute individual employment advice and is not designed to meet any given personal financial or psychological situation. It is exclusively the subscriber’s responsibility to determine the suitability if any of investment in any securities and/or commodities reviewed herein and whether they are appropriate for purchase. No decision to invest or purchase should be made based solely on the contents hereof. The opinions expressed herein are those of Bimmer Online and are subject to change without notice. The information contained herein may become out-dated and there is no obligation to update any such information.