Sedan, Sports Wagon, Gran Turismo
Coupe, Gran Coupe, Convertible
Sedan, Gran Turismo
Coupe, Gran Coupe, Convertible, ALPINA Gran Coupe
Sedan, ALPINA Sedan
Sports Activity Vehicle, Sports Activity Coupe
Sedan, Coupe, Gran Coupe, Convertible, Sports Activity Vehicle, Sports Activity Coupe
1MSRP excludes destination & handling fee of $995, tax, title, license, and registration.
Effective July 31, 2014
BMW Financial Services NA, LLC and its subsidiaries and affiliates (“BMW FS”) require
you to agree to this Online Services Agreement (this “Agreement”) to use any of
the services or perform any of the transactions that we offer through our Web Sites
on the Internet (collectively, “Online Services”). Online Services include Easy
Pay, Ultimate Pay, My BMW, Owners’ Lounge, and FS Central, each of which allow you
to register with us to view your account information, manage your accounts with
us, and make payments on your account with us over the Internet. As used herein,
the terms “we,” “us,” or “our” refers to BMW FS, including MINI Financial Services,
Rolls-Royce Motor Cars Financial Services, BMW Bank of North America, or Financial
Services Vehicle Trust. “You” or “your” refers to each person(s) who uses or accesses
PLEASE READ THIS AGREEMENT CAREFULLY AND RETAIN IT FOR YOUR RECORDS. BY USING
ONLINE SERVICES OR ANY WEB SITE OF BMW FS (“WEB SITE” AND “WEB SITES”), YOU INDICATE
YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THIS AGREEMENT AND YOUR AGREEMENT TO THE
TERMS AND CONDITIONS CONTAINED HEREIN.
Eligible Accounts. You must have an active retail installment sales
contract, loan or lease account with us to use Online Services. Online Services
may be limited or unavailable if your account is in bankruptcy, paid in full, or
if we otherwise change or suspend Online Services at our sole discretion.
User IDs and Passwords. You must choose a user ID and password
when you register to use Online Services. Your user ID is the unique identifier
you select or that we have assigned to you which you must provide to use Online
Services. Once your user ID is used for the first time for Online Services, it becomes
permanently assigned to you and cannot be changed. We may, at our option, change
your password parameter requirements without prior notice to you. If we do so, you
will be required to change your password the next time you enter our Web Site. You
agree that you will not give your password or make it available to any other person.
You are responsible for all transactions performed using your password via our Web
Sites and Online Services to the fullest extent allowed by law.
Electronic Payments. You may use EasyPay and Ultimate Pay to
electronically pay your monthly Account Statements and any other charges to your
account. If you do, you represent and warrant that you have the authority and right
to draw or transfer funds from your financial institution with the account numbers
you provide to us. By using Online Services to pay us, you authorize us to draw
or otherwise transfer funds from the account at that financial institution in the
amounts you enter.
Charges. Your financial institution may impose its customary
charges for any amounts you pay us, whether for checks or for electronic funds transfers.
You agree to pay us a service charge for each check or computer payment that is
not honored by your financial institution and NSF or returned item fee based on
your contract and your state's laws.
Electronic Records. Regulation E of the Electronic Funds Transfer
Act may apply to the portion of Online Services that allow you to pay your bills
online. Regulation E provides for certain protections that require us to furnish
certain disclosures regarding your rights and liabilities relating to transfers
of funds that can be initiated after you sign up for Online Services and are incorporated
into this Agreement. With regard to these and subsequent disclosures, (i) you confirm
that (a) you can receive electronic communications addressed as indicated in your
application for Online Services, and that (b) your computer equipment is capable
of printing electronic communications and attachments to such communications, (ii)
you agree that (a) by using Online Services, you agree to this Agreement, and that
(b) any subsequent notices or disclosures will be effective the date we post them
to our Web Site, or send them to you electronically (unless we indicate in our communication
a later effective date.)
Change in Terms. Your acceptance of this Agreement indicates
not only that you agree to the foregoing and following provisions, but also that
we can change these terms at any time, notifying you of the change as provided above
(unless we conclude that, for security purposes, the change must be made effective
before you are notified). These changes may include modifications to or elimination
of any of the then current terms and conditions and new terms and conditions. Where
required by law, we will notify you in writing or electronically at least thirty
(30) days prior to the effective date of any such changes we make to this Agreement.
In case of Errors or Questions. If you have enrolled in EasyPay
or Ultimate Pay and you believe your account at your financial institution has been
debited in error, you agree to contact us and your financial institution immediately.
If there has been a transfer without your permission, you agree to immediately call,
Monday through Friday, 9:00 a.m. to 9:00 p.m. ET, or write to us as follows:
To write for all brands:
P.O. Box 3608
Dublin, Ohio 43016-0306
To call for BMW and Motoraad:
To call for MINI:
To call for Rolls-Royce Motor Cars:
Business Days and Hours of Operation. Our business days are
Monday through Friday, 9:00 AM - 9:00 PM ET. We are closed on most federal banking
holidays and on certain other days. Please contact us at the appropriate phone number
above to inquire about our specific days of operation.
How to Cancel a Scheduled Payment. Your upcoming monthly electronic
payment will appear on your monthly Account Statement. If you need to cancel a scheduled
payment or terminate your EasyPay, you must contact BMW FS at (800) 578-5000, Monday
through Friday, 9:00 a.m. to 9:00 p.m. ET or write to BMW Financial Services NA,
LLC at P.O. Box 3608, Dublin, Ohio 43016-0306 in time for us to receive your request
three (3) business days or more before the payment is scheduled to be made. You
acknowledge that we may discontinue your EasyPay or scheduled withdrawals at any
Disclosing Account Information to Third Parties. Our use of
Notice that we provide to you. We will disclose your personal and account information
to third parties:
Error Resolution and Questions about Transactions.If you believe
your account at your financial institution has been debited in error or if you have
questions about your electronic payments, you must call us at (800) 578-5000, Monday
through Friday, 9:00 a.m. to 9:00 p.m. ET, write to us at BMW Financial Services
NA, LLC at P.O. Box 3608, Dublin, Ohio 43016-0306 or please access your account
online at www.bmwusa.com/mybmw and submit a message through the Message Center.
You agree to contact us no later than sixty (60) days after we sent the Account
Statement on which the potential error or transaction in question appeared. You
must provide us with the following information:
We will determine whether an error occurred within ten (10) business days after
you contact us and will correct any error promptly. If we need more time, however,
we may take up to forty-five (45) days to investigate. We will tell you the results
within three (3) business days after completing our investigation. If we determine
that there was no error, we will send you a written explanation. You may ask for
copies of the documentation that we used in our investigation.
For Massachusetts Residents:
We will determine whether an error occurred within ten (10) calendar days instead
of business days. Any documentation we provided to you which indicates that an electronic
fund transfer was made to another person shall be admissible as evidence of such
transfer and shall constitute prima facie proof that such transfer was made.
UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, YOU (THE CONSUMER) MAY NOT STOP PAYMENT
OF ELECTRONIC FUND TRANSFERS, THEREFORE YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS
FOR PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP
Equipment and Internet Access. By utilizing an encrypted browser,
you may access Online Services. You are responsible for obtaining a browser capable
of a sufficiently high level of encryption to meet the systems requirements we establish
from time to time. You acknowledge that we are not responsible for notifying you
of any upgrades, fixes, or enhancements to, or for providing technical or other
support for, any browser or for any compromise of data transmitted across computer
networks or telecommunications facilities, including, but not limited to, the Internet.
You are responsible for obtaining, installing, maintaining, and operating all computer
hardware, software, and Internet access services necessary to use or access any
aspect of the Web Sites and Online Services. You are responsible for obtaining Internet
services via the Internet service provider of your choice, for any and all fees
imposed by such Internet service provider and any associated communications provider
charges such as those who supply dial-up, cable, or DSL connections. You acknowledge
that there are certain security, corruption, transmission error, and access availability
risks associated with using open networks such as the Internet and you hereby expressly
assume such risks (to the extent the law allows you to do so.) You acknowledge that
you have requested the service for your convenience, have made your own independent
assessment of the adequacy of the Internet as a delivery mechanism for accessing
information and initiating instructions and that you are satisfied with that assessment.
Compliance. In addition to this Agreement, you agree to comply
with all applicable account agreements, including, without limitation, the Lease
Agreement you received when opening your lease account, Retail Installment Sales
Contract you received when opening your retail account, or other agreement or provision
of any other financing agreement(s) that you received when opening such account
and with all applicable state and federal laws and regulations. In the event of
conflict between the terms of this Agreement and your applicable account agreements
with us, the terms of your account agreement will control.
EXCLUSIVE REMEDY AS IT RELATES TO THE WEB SITES AND USE OF ONLINE SERVICES PROVIDED
ON OUR WEB SITES. IN NO EVENT SHALL BMW FS OR ITS AFFILIATES BE LIABLE FOR ANY LOSS,
INJURY, OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR
CONSEQUENTIAL, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO ANY ACCESS TO
OR USE OF ONLINE SERVICES OR THE WEB SITES, OR THE INSTALLATION, USE, OR MAINTENANCE
OF YOUR PERSONAL COMPUTER HARDWARE, EQUIPMENT, SOFTWARE, OR ANY INTERNET ACCESS
DISCLAIMER OF WARRANTIES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE
AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF ONLINE SERVICES OR OUR WEB
SITES IS AT YOUR SOLE RISK AND THAT ONLINE SERVICES AND ALL INFORMATION, PRODUCTS
AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED
IN OR ACCESSIBLE FROM OUR WEB SITES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE
AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU EXCEPT
WHERE REQUIRED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT
ONLINE SERVICES OR YOUR ACCESS TO OUR WEB SITES WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE UNLESS OTHERWISE STATED ON THE SITE OR IN ANY APPLICABLE AGREEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES
AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGMENT OF PROPRIETARY RIGHTS) AS TO ONLINE SERVICES
OR WEB SITES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY
INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE WEB SITES.
Links to Third-Party Websites. Our Web Sites may contain links
to other third party web sites. We are not responsible for, nor do we control, the
content, products, or services provided by linked third-party web sites. We do not
endorse or guarantee the products, information or recommendations provided by linked
sites, and are not liable for any failure of products or services advertised on
those sites. In addition, each third party site may provide less security than we
upon such content, products or services is at your own risk.
Governing Law. This Agreement shall be governed by the law
of the State of Ohio, without regard to its conflicts of laws principles, and shall
inure to the benefit of our successors and assigns, whether by merger, consolidation,
or otherwise. The account(s) you access via the Web Sites and Online Services shall
be governed by laws of your applicable account agreement.
Indemnification. You acknowledge and agree that you are personally
responsible for your conduct while using our Web Sites and agree to indemnify and
hold us and our affiliates and their officers, directors, employees and agents harmless
from and against any claims, loss, damage, liability, cost or expense of any kind,
including attorneys' fees that we may incur in connection with a third party claim
or otherwise, in relation to your use of Web Sites or your violation of this Agreement
Use or the rights of any third party.
Risk of Incomplete Transactions and Input Errors. We are not
responsible for your errors or negligent use of Online Services, including input
errors, negligent handling or sharing of passwords, and leaving a computer unattended
while accessing Online Services. In the event of a system failure or interruption,
your data may be lost or destroyed. Any transaction(s) that you initiated, were
in the process of completing, or completed shortly before a system failure or interruption
should be verified by you through means other than online to ensure the accuracy
and completeness of such transaction(s). You assume the risk of loss of your data
during any system failure or interruption and the responsibility to verify the accuracy
and completeness of any transaction so affected.
Special Provisions for Business Customers. Any user ID or password
that we provide to you is provided to you only in your capacity to access your account
using Online Services as a representative of the business entity, and you are not
authorized to retain them or use them in any way after your authority to represent
such business entity with respect to its account and Online Services is terminated.
You agree to inform us immediately if you or an authorized person with access to
your ID and Password are no longer authorized to represent such business entity
or use Online Services.
Termination. We may suspend your access to Online Services
or terminate this Agreement at any time, in whole or in part, without prior notice
to you, for any reason, including but not limited to your failure to access our
Web Sites for an extended period of time. Your access to Online Services will terminate
automatically if you close all of your accounts with us or if your account access
is restricted for any reason. You may terminate this Agreement and your use of Online
Services at any time by calling (800)578-5000 for BMW or Motoraad, (877)646-4463
for MINI, or (877)877-3735 for Rolls-Royce Motor Cars. Our representatives are available
Monday through Friday, 9:00 a.m. to 9:00 p.m. ET. You must notify us at least ten
(10) business days before the date you want your enrollment in Online Services to
be terminated. Any payments that have not been processed will be cancelled upon
termination. The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this Agreement for all purposes.
Miscellaneous Terms. Not all of the products or services described
on our Web Sites are available in all geographic locations. We reserve the right
to determine your eligibility for any product or service. Unless otherwise prohibited
by law, any communication or material you transmit to us using Online Services or
Internet electronic mail is on a non-confidential basis and we may use such communication
publication, broadcast and posting. We will not be deemed to have waived any of
our rights or remedies under this Agreement unless such waiver is in writing and
signed by us. No delay or omission on our part in exercising any rights or remedies
shall operate as a waiver of such rights or remedies or any other rights or remedies.
A waiver on any one occasion shall be construed as a bar or waiver of any rights
or remedies on further occasions. We reserve the right to modify the information
presented on this website at any time without notice.
By selecting the checkbox, you consent to receive, in electronic form, notices
or other information (“Communications”) that we are required by law to provide to
you in writing. "Communication" means any customer agreements or amendments thereto,
monthly billing or account statements, tax statements, disclosures, notices, responses
to inquiries, transaction history, privacy policies and all other information related
to the product, service or account, including but not limited to information that
we are required by law to provide to you in writing. Before you decide whether or
not you wish to give your consent to receive information electronically, you should
read and consider the following information known as the Electronic Signatures in
Global and National Commerce Act (“ESIGN Act”) Disclosures (“Disclosure”). This
consent will cover our Communications with you during and after the credit application
The words "we," "us," and "our" refer to the entity with whom you have your Account,
and the words "you" and "your" mean you, the individual(s) or entity identified
on the Account(s). As used in this Disclosure, "Account" means the account you have
Method of Providing Communications to You in Electronic Form.
If you consent, Communications can be displayed for you electronically. All Communications
that we provide to you in electronic form will be provided either (1) via e-mail,
(2) by access to a web site th at we will designate in an e-mail notice we send
to you at the time the information is available, (3) to the extent permissible by
law, by access to a web site that we will generally designate in advance for such
purpose, or (4) by requesting you access or download a PDF file containing the
Communication. You will have the opportunity to print or save this information and
keep it for your records. You agree to print out or download all Communications
we display for you electronically and keep copies for your records.
Withdrawing Your Consent. If you consent and change your mind later,
you may withdraw your consent at any time by contacting Customer Service at
1-800-578-5000. At our option, we may treat your provision of an invalid
email address, or the subsequent malfunction of a previously valid email address,
as a withdrawal of your consent to receive electronic Communications. Any withdrawal
of your consent to receive electronic Communications will be effective only after
we have a reasonable period of time to process your withdrawal.
Scope of Communications to Be Provided in Electronic Form. Your
consent to receive Communications electronically includes, but is not limited to:
Software and Hardware Requirements:In order to receive information
from us electronically, you will need:
You will also need a printer to print out and retain records on paper, and electronic
storage if you wish to retain records in electronic form. By "compatible operating
system," and "current version of an Internet browser," we mean these compatible
operating systems referenced in the table above.
How to Update Your Records. It is your responsibility to provide
us with true, accurate and complete e-mail address, contact, and other information
related to this Disclosure and your Account(s), and to maintain and update promptly
any changes in this information. You can update information (such as your e-mail
address) through your on-line account or by contacting us at 1-800-578-5000.
Requesting Paper Copies. At our discretion, we will not send you
a paper copy of Communications, unless you request it or we otherwise deem it
appropriate to do so. You can obtain a paper copy of an electronic Communication
by printing it yourself or by requesting that we mail you a paper copy, provided
that such request is made within a reasonable time after we first provided the electronic
Communication to you. To request a paper copy, contact Customer Service at 1-800-578-5000.
We may charge you a reasonable service charge for the delivery of paper copies of
any Communication provided to you electronically pursuant to this authorization.
We reserve the right, but assume no obligation, to provide a paper (instead of electronic)
copy of any Communication that you have authorized us to provide electronically.
Communications in Writing. All Commun ications in either electronic
or paper format from us to you will be considered "in writing." You should print
or download for your records a copy of this Disclosure and any other Communication
that is important to you.
Federal Law. You acknowledge and agree that your consent to electronic
Communications is being provided in connection with a transaction affecting interstate
commerce that is subject to the federal ESIGN Act, and that you and we both intend
that the Act apply to the fullest extent possible to validate our ability to conduct
business with you by electronic means.
Termination/Changes. We reserve the right, in our sole discretion,
to discontinue the provision of your electronic Communications, or to terminate
or change the terms and conditions on which we provide electronic Communications.
We will provide you with notice of any such termination or change as required by
By selecting the following checkbox, you acknowledge: (1) that you have read and
agree to the terms set forth in the ESIGN disclosure above and (2) that you have
opened and viewed the PDF version below to demonstrate and confirm that your computer
satisfies all the hardware and software requirements. In addition you give your
affirmative consent for us to provide you with electronic communications as described
in the ESIGN disclosure for all your Financial Services accounts.