BMW EXCELLENCE CLUB TERMS AND CONDITIONS
1. INTRODUCTION
1.1. These rules (hereinafter referred to as the "Rules", "Programme Rules") govern participation in the BMW Excellence Club Programme.
1.2. The Programme is implemented in the territory of South Africa in accordance with the legislation of South Africa and these Programme Rules.
2. DEFINITIONS
2.1. “BMW SA” – BMW (South Africa) (Pty) Ltd a limited liability company incorporated in South Africa, with registration number 1960/000196/07.
2.2. "Programme" - the BMW Excellence Club which is available to owners of new BMW GKL Vehicles.
2.3. "Member" - an individual who has purchased a new BMW GKL Vehicle from a BMW Retailer, who meets the requirements of these Rules and has performed the actions established by these Rules.
2.4. “Programme Partner" - a legal entity or an individual entrepreneur implementing the Programme together with BMW SA.
2.5. “Programme Entry Date” – the date on which a new BMW GKL Vehicle is handed over to the member.
2.6. “BMW GKL Vehicle” – a new BMW 7 Series; BMW 8 Series Coupe; BMW 8 Series Cabrio; BMW 8 Series Gran Coupe; BMW M8 Coupe; BMW M8 Cabrio, BMW X7 and BMW XM (purchased after 11/2022).
2.7. “BMW Retailer" - a company that, in accordance with the terms of the Agency Agreement concluded with BMW SA, is authorized to sell BMW Vehicles and branded BMW parts, as well as provide maintenance services for BMW Vehicles.
2.8. "Intellectual Property" or "IP" means all existing and future rights in and to all copyright, trademarks, patents, rights in databases, ideas, inventions, discoveries, trade secrets, know-how, designs, topographies, marks, trade and business names, domain names, logos and devices and all other intellectual property rights, proprietary rights or other rights of a similar nature or having a similar effect, whether registered or unregistered and in whatever form embodied, including any and all Confidential Information;
2.9. "Confidential Information" means any technical, commercial, marketing or business information, any documentation, know-how, trade secrets, marketing strategies, processes, machinery, designs, technical specifications, development plans, concepts and ideas, financial information, customer information or records, business plans, customer and vendor lists, products, the results of any research, analysis, test results, descriptions, drawings, computer software, Programming, hardware configurations, systems, materials and/or data and all other information of any kind or nature, which is proprietary to or a trade secret of any party or any of its affiliates, whether in written, oral, magnetic, machine-readable or other format.
3. MEMBERSHIP
3.1. Membership is complimentary when you purchase a new BMW GKL Vehicle, which membership shall commence on the Programme Entry Date and endure for 3 (three) years. However, in the case where a member purchases another qualifying BMW GKL Vehicle the Programme will run for an additional 3 (three) year period from the date of purchase of the new BMW GKL Vehicle. The member will not be eligible for more than one membership at any given point in time.
3.2. There will be no membership fees.
3.3. Membership benefits and privileges shall be as follows: 3.3.1. Concierge and lifestyle management services through its Programme Partner, Quintessentially.
3.3.2. Access to BMW events tailored around your Concierge Services usage. Tailored events include (but are not limited to) galas, sports events, fashion events, cultural events as well as special dinners with celebrities. A “first come first serve’’ policy shall be applied to all events. Certain events will require full payment or part payment from members. BMW SA may limit the number of events per year and require advance notice of attendance.
3.3.3. Access to exclusive offers or experiences from luxury brand partnerships. A “first come first serve’’ policy shall be applied to all offers and experiences
3.4. Members participation is voluntary, and members assume all risks associated with participation.
4. GUEST POLICY
4.1. BMW SA and the Programme Partner reserves the right to determine the number of guests per member per event.
4.2. BMW SA and the Programme Partner reserves the right to manage the number of events per member during the membership period.
5. NON-TRANSFERABILITY
5.1. The membership may be non-transferable and non-assignable, meaning that members cannot transfer their membership to another person or entity.
6. CONDUCT AND BEHAVIOR
6.1. Members and their guests are expected to behave in a manner that reflects positively on BMW SA. BMW SA may reserve the right to terminate the membership of any member who engages in conduct that is deemed unacceptable.
6.2. Members must comply with all the event rules and regulations and must follow all the instructions from event organizers and Programme Partners.
7. LIABILITY
7.1. BMW, its officers, employees and agents will not be and/or are not liable for any injuries, property damage or liability that may arise from the members participation in any of the activities. To this end Programme Partners may require members to sign an indemnity form.
7.2. The member indemnifies and holds BMW SA and its directors, agents and employees harmless in respect of all claims of, and liability to, third persons for injury, death, loss or damage of any nature whatsoever, including those caused by motor vehicle accidents, arising out of and during the course of the Event, save to the extent that such loss or damage arises out of the willful misconduct or gross negligence of BMW SA or its employees, agents or representatives.
8. FORCE MAJEURE
8.1. If, by reason of any event of force majeure, any of the Parties to this Agreement will be delayed in, or prevented from, performing any of its obligations in terms of the Programme (otherwise than as to the payment of money), then such delay or non-performance shall not suffer any liability and no damages may be claimed by members by reason thereof.
8.2. The expression “an event of force majeure” shall mean and include fire, rain, flood, casualty, satellite failure, lockout, strike, labour condition, industrial action of any kind, unavoidable accident, breakdown of equipment, national calamity or riot, act of God, any infectious or contagious disease, enactment of any act of Parliament or the act of any other legally constituted authority, or any cause or event arising out of or attributable to war, or terrorist activity or any other cause or event whatsoever outside the control of the Parties.
9. INTELLECTUAL PROPERTY
9.1. Members are prohibited from using BMW SA’s name, logo or other intellectual property without the prior written consent of BMW SA.
10. CONFIDENTIALITY
10.1. Members agree to keep confidential any information provided by Excellence Club members including but not limited to personal information of other members, group activities and financial information. Members may not disclose such information to any third party without prior written consent.
11. MEMBERSHIP CONFIDENTIALITY
11.1. BMW SA reserves the right to suspend membership in its sole and absolute discretion, for any member who engages in any conduct or behaviour that is detrimental to BMW or its members.
11.2. The suspension may be temporary or permanent.
12. NO GUARANTEE OF BENEFITS
12.1. BMW SA makes no guarantees or warranties regarding the availability or quality of membership benefits and reserves the right to modify or discontinue benefits at any time.
13. PROGRAMME EXCLUSIONS
13.1. No cash payments will be accepted for any activities relating to the BMW Excellence Club.
14. PROTECTION OF PERSONAL INFORMATION
14.1. The member acknowledges and agrees that his/her personal information, as defined in the Protection of Personal Information Act, No. 4 of 2013 is required for the Programme and that it will not be disclosed to any unauthorised parties. Accordingly, the member consents to the processing of his/her personal information by BMW SA or the Programme Partners or any entity duly authorised thereto by BMW SA in accordance with the prevailing data privacy legislation. Such processing shall include, but not be limited to, the collection, handling, management, storage, safeguarding and sharing of the data with other BMW Group entities as well as authorised service providers and trans-border flow of such data across South African borders, if necessary.
14.2. The Programme Partner shall obtain the member’s personal information on behalf of BMW SA. The member’s personal information shall include but not be limited to names, contact details, VIN Numbers, customer insights, professions, interests, hobbies, etc.
14.3. The member consents to their personal information being collected and processed by the Programme Partner on behalf of BMW SA, and for such personal information to be shared with BMW SA.
15. GENERAL
15.1. These Rules may be changed in whole or in part by BMW SA and the Programme Partner at any time without any special notice. The new version of the rules comes into force from the moment of its publication on the programme website.
15.2. The Programme may be terminated at any point in time without notice to members by posting a notice on the BMW SA and Programme Partner’s website. Notification is considered to be made if it is published on the BMW SA and Programme Partner’s website or sent to the member’s e-mail address as specified in the member’s personal account.
15.3. All products and services listed on the BMW SA and Programme Partner’s website depend on availability and can be removed or changed at any time. All products and services, as well as all prices quoted, may be the subject to change without prior notice.