PRIVACY POLICY

Last Updated: December 18, 2019
 

Your privacy is important to MINI Grand River. This Privacy Policy explains how MINI Grand River collects, uses, discloses and retains personal information, including information collected by MINI Grand River through websites and telephone calls and when providing products or services.
 

By providing MINI Grand River with your personal information, you consent to the collection, use, disclosure and retention of that information by MINI Grand River and other members of MINI Grand River in accordance with this Privacy Policy and as otherwise permitted by applicable law. You may withdraw your consent at any time, subject to legal or contractual restrictions and on reasonable notice to MINI Grand River, but then you might not be able to proceed with your intended interactions or transactions with MINI Grand River or otherwise receive the full benefit of MINI Grand River’s products and services.
 

2. Personal Information:
 

In this Privacy Policy, “personal information” means information about an identifiable individual, such as an individual’s name and email address, but does not include (to the extent permitted by law) information that is publicly available in a telephone directory or that is business contact information that enables an individual to be contacted at a place of business.
 

3. Information That MINI Grand River Collects:
 

You may be asked to voluntarily give your personal information to MINI Grand River when you interact, orally, in writing or by electronic transmission, with MINI Grand River, including when you apply for an account or membership, subscribe to a newsletter, register to receive information, apply or register for or order a product or service offered by MINI Grand River or use a product or service provided by MINI Grand River. In those circumstances, you can choose not to provide certain requested personal information, but then you might not be able to proceed with your intended interaction or transaction with MINI Grand River or otherwise receive the full benefit of the desired product or service. Telephone calls between you and MINI Grand River will be recorded to ensure accuracy and quality assurance, and may be disclosed to third parties to verify MINI Grand River is compliant with its contractual obligations to third parties. You can choose not to have the telephone call recorded, and communicate by writing or electronic transmission.
 

MINI Grand River may automatically collect certain information regarding your use of MINI Grand River’s website or online service, such as the dates and times that you access the website or online service, the browsers, operating systems, software and devices that you use to access the website or online service and details of your use of the website or online service.

MINI Grand River’s websites, online services, email messages and advertisements may use technologies (e.g. cookies, web beacons, tokens, pixels or tags) to collect information that assists MINI Grand River to improve its products, services, customer communications and advertising and to prevent fraud. MINI Grand River may use information that it collects through technological means to recognize you as a user of MINI Grand River’s websites or online services, to facilitate and improve your use of MINI Grand River’s websites or online services, to confirm that messages have been delivered to and opened by you and to provide you with targeted advertisements. You may choose to decline or disable cookies if your web browser or device permits, but doing so may affect your ability to access or use certain features of a website or online service. More information about cookies used for interest-based advertising is set out in section 4(c) below.

Much of the information that is automatically collected by technological means is non-personal information (because the information does not identify you), and MINI Grand River will deal with that non-personal information as explained below in this Privacy Policy unless applicable law requires otherwise.
 

When you apply or register for, order or use certain products or services from MINI Grand River (e.g. a referral to a car dealer for a financed car purchase), MINI Grand River may obtain your credit score and related information from a credit reporting agency to process or fulfill the transaction. MINI Grand River may continue to periodically obtain your credit score and related information from a credit reporting agency to update your confidential profile for use by MINI Grand River Gas set out in this Privacy Policy. Upon your request we will inform you if we have ordered such a report or reports, and will give you the name and address of the credit reporting agency that furnished the report or reports.

You also acknowledge and agree that any dealers or other persons or organizations to which we have disclosed your personal information in accordance with this Privacy Policy, may request a credit report for any legitimate purpose associated with your application [for credit, extending credit, modifying the terms of your credit agreement, or collection on your account.]
 

If MINI Grand River refers you to an independent business (e.g. a car dealer, lender or credit card company) for a proposed transaction (e.g. a car purchase, loan or credit card), then MINI Grand River may collect from that independent business information regarding the transaction to update your confidential profile for use by MINI Grand River as set out in this Privacy Policy.
 

4. How MINI Grand River Uses Personal Information:
 

MINI Grand River uses your personal information collected by MINI Grand River for purposes relating to or arising from your relationship and transactions with MINI Grand River and as otherwise set out in this Privacy Policy or permitted by applicable law, including:

• to administer your relationship with MINI Grand River, including to create and manage your account or membership with MINI Grand River and to contact and correspond with you regarding those matters;

• to facilitate your interactions and transactions with MINI Grand River, including to process your applications, requests, orders and payments;

• to provide products and services to you;

• to process and respond to your inquiries, requests and other communications;

• to provide you with information (including by email and other electronic messages) regarding MINI Grand River and its products and services and related products and services offered by other businesses, to the extent permitted by applicable law;

• to administer and facilitate your participation in contests and promotions related to MINI Grand River;

• to maintain, protect and improve MINI Grand River’s products and services and to develop new products and services;

• to protect and enforce MINI Grand River’s legal rights, interests and remedies and to protect the business, operations and customers of MINI Grand River or other persons; and to assist MINI Grand River to collect, use, disclose and retain your personal information in accordance with this Privacy Policy.
 

MINI Grand River may use interest-based advertising services (sometimes called “remarketing” or “retargeting”) provided by third party vendors (such as Google and Facebook) to display advertisements on third party websites and social media sites visited by users of MINI Grand River’s website. Advertising vendors (such as Google and Facebook) use cookies, pixels or tokens – unique identifiers of a web browser on a specific computer that are installed on the computer when it accesses MINI Grand River website – to display ads based on the computer’s past access to MINI Grand River website. You can opt-out of Google’s use of cookies by visiting Google’s Ads Settings. You can also opt out of a remarketing vendor’s use of cookies by visiting the Network Advertising Initiative’s consumer opt-out page.
 

5. How MINI Grand River Discloses Personal Information:
 

MINI Grand River discloses your personal information for purposes relating to or arising from your relationship and transactions with MINI Grand River and as otherwise set out in this Privacy Policy or permitted by applicable law.
 

MINI Grand River may disclose your personal information in accordance with express or implied consents that you give during your interactions and transactions with MINI Grand River.
 

If MINI Grand River refers you to an independent business (e.g. a car dealer, lender or credit card company) for a proposed transaction (e.g. a car purchase, loan or credit card application), then MINI Grand River may disclose your personal information (including your credit score and related information) to the independent business to facilitate the proposed transaction. MINI Grand River has no control over, or responsibility or liability for, the use, disclosure or retention of your personal information by the independent business, and the use, disclosure and retention of the disclosed information by the independent business is not subject to this Privacy Policy.
 

MINI Grand River may disclose your personal information to its suppliers and service providers (including fraud prevention services and payment processors) to assist MINI Grand River in the provision of information, products and services to you, to provide services to MINI Grand River, to assist MINI Grand River to use your personal information as set out in this Privacy Policy and as otherwise permitted by applicable law.
 

MINI Grand River may disclose your personal information as required or authorized by applicable law, including to comply with a subpoena, warrant or court or arbitral order or litigation disclosure obligation. MINI Grand River may disclose your personal information to law enforcement agencies or other independent organizations if MINI Grand River reasonably believes the disclosure is necessary or appropriate in connection with national security, law enforcement or other issues of public importance, or if MINI Grand River reasonably believes the disclosure is necessary or appropriate to protect and enforce MINI Grand River’s legal rights, interests and remedies or to protect the rights, interests, business, operations or customers of MINI Grand River or other persons (including to detect and prevent fraud and other illegal activities, enforce any of the terms of use, terms of service or other agreements that govern access to or use of any of MINI Grand River’s products or services). MINI Grand River has no control over, or responsibility or liability for, the use, disclosure or retention of your personal information by the agencies, independent organizations or other persons to whom MINI Grand River discloses the information in the foregoing circumstances, and the use, disclosure and retention of the disclosed information by those agencies, independent organizations or other persons is not subject to this Privacy Policy.
 

MINI Grand River may disclose your personal information in connection with a proposed or actual business transaction in which MINI Grand River is involved (such as a corporate amalgamation, reorganization, merger or acquisition, or the sale or transfer of some or all of MINI Grand River’s business or assets), but MINI Grand River will require the information recipient agree to protect the privacy of your personal information in a manner that is consistent with this Privacy Policy and applicable law.
 

6. Location of Personal Information:
 

MINI Grand River and its service providers may process, store and use your personal information at facilities in various countries, including Canada, the United States of America and one or more countries in Europe or Asia. The personal information protection laws of those other countries might be different from the laws of the jurisdiction in which you reside, and might permit courts, government, law enforcement agencies, regulatory agencies and security authorities to access your personal information without notice. By providing your personal information to MINI Grand River, you consent to the transfer of the personal information to facilities located in other countries and the processing and storage of the personal information at those facilities.
 

7. Retention of Personal Information:
 

MINI Grand River retains your personal information for the period reasonably necessary for the purposes set out or referenced in this Privacy Policy and to comply with MINI Grand River’s legal obligations or enforce or protect MINI Grand River’s legal rights, or a longer period required or permitted by applicable law. MINI Grand River will delete or dispose of your personal information when MINI Grand River is no longer reasonably required to retain the information for the purposes set out or referenced in this Privacy Policy.
 

8. Information Technology and Safeguards of Personal Information:
 

MINI Grand River uses reasonable safeguards – including administrative, physical and technical security and safeguarding measures – appropriate to the sensitivity of the personal information in MINI Grand River’s possession or under MINI Grand River’s control to help protect the information from unauthorized access, collection, use, disclosure, disposal or similar risks. Nevertheless, security risks cannot be eliminated and MINI Grand River cannot guarantee that your personal information will not be used, disclosed or deleted in ways not otherwise described in this Privacy Policy.
 

9. Accuracy and Access to Personal Information:
 

MINI Grand River will rely on you to ensure that your personal information that you provide to MINI Grand River is as accurate, complete and up to date as necessary for the purposes for which MINI Grand River uses the personal information. You will promptly notify MINI Grand River of any changes to your personal information using the procedures made available for that purpose by MINI Grand River or by contacting MINI Grand River customer service.

You may reasonably request access to your personal information collected by MINI Grand River and information about MINI Grand River’s use, disclosure and retention of that personal information by submitting a written request to MINI Grand River’s Chief Privacy Officer using the contact information noted below. Subject to applicable exceptions and limitations prescribed by applicable law, you will be given reasonable access to your personal information and you will be entitled to verify the accuracy and completeness of your personal information and to have the information revised as appropriate. You may be required to pay a reasonable fee for access to your personal information. MINI Grand River may decline to process a request that is unreasonably repetitive, frivolous, vexatious or impracticable, that infringes or jeopardizes the privacy of other persons, or for other reasons permitted by applicable law.
 

10. Non-Personal Information:
 

MINI Grand River creates and collects non-personal information (information that is not about an identifiable individual), including personal information that has been aggregated or otherwise depersonalized so that the information no longer relates to an identifiable individual. MINI Grand River may use, disclose, transfer and retain non-personal information for any purpose and in any manner whatsoever. If non-personal information is combined with personal information, then MINI Grand River will treat the combined non- personal information as personal information for the purposes of this Privacy Policy for as long as the non- personal information is combined.

11. Other Websites and Businesses:
 

MINI Grand River’s website and correspondence (including emails and messages) may include advertisements for products and services (e.g. car sales, personal loans and credit cards) offered by independent businesses (that may have a financial relationship with MINI Grand River) or links to websites operated by independent businesses (e.g. car dealers, lenders and credit card providers). MINI Grand River has no responsibility or liability for, or control over, those other websites, online services or businesses, their products or services, or their collection, use, disclosure or retention of your personal information. This Privacy Policy does not apply to the collection, use, disclosure and retention of your personal information by those websites, online services and independent businesses. If you have questions about how those websites, online services or independent businesses collect, use, disclose or retain personal information, please contact the owner or operator of the website, service or business.
 

12. Other Matters:
 

The agreements (including any subscription agreement, membership agreement or terms of service or use) that you accept when you apply, register for, order or use MINI Grand River’s products or services contain important provisions, including provisions disclaiming, limiting or excluding the liability of MINI Grand River and other persons (including service providers) and provisions determining the applicable law and jurisdiction for the resolution of disputes. To the extent permitted by applicable law, each of those provisions applies to any dispute that may arise in relation to this Privacy Policy or MINI Grand River’s collection, use, disclosure and retention of your personal information, and are of the same force and effect as if they had been reproduced directly in this Privacy Policy. Nothing in this Privacy Policy amends any of those other agreements.
 

MINI Grand River may change this Privacy Policy from time to time by posting a new version of this Privacy Policy on the MINI Grand River website. MINI Grand River’s collection, use, disclosure and retention of your personal information will be governed by the version of this Privacy Policy in effect at that time. Your continued dealings with MINI Grand River after any change to this Privacy Policy will signify your consent to the collection, use, disclosure and retention of your personal information as set out in the changed Privacy Policy. Accordingly, you should check the “Last Updated” date of this Privacy Policy (at the top of this Privacy Policy) and review any changes since the last version.
 

You and MINI Grand River have each expressly requested and required that this Privacy Policy and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que cette Politique de Confidentialité et tous les documents qui s’y rapportent soient rédigés en anglais.

(d) Contacting MINI Grand River’s Chief Privacy Officer

If you have any comments or questions about this Privacy Policy or how MINI Grand River deals with your personal information, please contact MINI Grand River at 1800 Victoria Street N. Kitchener, Ontario, Canada N2B 3E5; info@minigrandriver.com

MINI Grand River Website Terms and Conditions
Last Updated: December 18, 2019

Please carefully read these terms of use before using the MINI Grand River website. These terms of use are a binding agreement that governs use of the MINI Grand River website, exempts MINI Grand River and other persons from liability, specifies the jurisdiction for the resolution of disputes and contains other important provisions.
By using the MINI Grand River website, you acknowledge and signify that you have read, understand and agree to these terms of use. If you do not agree to these terms of use, then you may not use the MINI Grand River website.

1. Your Acceptance of these Terms:

These Terms of Use are a binding agreement between you and MINI Grand River regarding your access to and use of the MINI Grand River website (the “Website”). Each time you use the Website, you signify your unconditional acceptance and agreement, without limitation or qualification, to the most current version of these Terms of Use. If you do not unconditionally accept and agree to these Terms of Use, then you may not use the Website.
In this Agreement, a reference to the Website includes all of the Website’s content (including all text, graphics, images, video, and other elements available on or through the Website) and the design, structure, selection, arrangement and look and feel of each element of Website content and the Website as a whole.

2. Other Agreements:

These Terms of Use related to the Website only. Products and services advertised on or available through the Website are governed by other applicable agreements prescribed by MINI Grand River or its corporate affiliates, including the MINI Grand River General Terms of Service.
Certain features or functionalities of the Website are restricted to individuals who hold a valid and subsisting MINI Grand River account, which is governed by the MINI Grand River General Terms of Service.

3. Changes to these Terms of Use:

MINI Grand River in its discretion may change these Terms of Use at any time and from time to time, without any prior notice, by posting the changed Terms of Use on the Website at https://www.minigrandriver.com. The changed Terms of Use are effective immediately on posting on the Website, unless the changed Terms of Use expressly state otherwise. It is your responsibility to check the “Last Updated” date at the top of these Terms of Use and review any changes since the previous version. By using the Website after these Terms of Use have been changed by MINI Grand River, you signify your unconditional acceptance and agreement to be bound by the changed Terms of Use. You may not change these Terms of Use in any manner.

4. Permitted Users:

The Website may be used only by individuals (natural persons) who are located in Canada, are the age of majority (which in most jurisdictions is either 18 or 19 years) in the jurisdiction in which they live and are capable of forming a binding contract under applicable law. The Website may not be used by individuals who are located outside Canada. You may not use the Website if you do not accept and agree to these Terms of Use, if you have breached these Terms of Use or if your permission to use the Website has been suspended or terminated by MINI Grand River.

5. Personal Information Privacy:

By using the Website, you consent to the collection, use, disclosure and retention of your personal information by or on behalf of MINI Grand River as explained in the MINI Grand River Privacy Policy (online: https://www.minigrandriver.com/privacy-policy.htm), as revised from time to time, and as otherwise permitted by applicable law.

6. No Advice:

The Website is for informational and educational purposes only. The Website is not intended to be a comprehensive or detailed statements concerning the matters addressed, and is not professional advice or recommendations (including financial, legal or other professional advice). It is your responsibility to obtain appropriate advice suitable to your particular circumstances from a qualified professional before acting or omitting to act based on any information obtained on or through the Website.

7. User Rights and Obligations Regarding Account Creation and Online Service Booking:

To access certain portions of the Website, you may be asked to complete an online registration form. In consideration for your use of this Website and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
As part of the registration process, you may choose or be given a password and user name. You alone are responsible for keeping that password and user name confidential, and for any and all activity that occurs on this Website under such password or user name. You agree to immediately notify MINI Grand River of any unauthorized use of your password or user name or any other breach of security.

8. User Rights and Obligations Regarding Online Quotations and Online Purchases:

While we attempt to provide an accurate description of the vehicles and other products on this Website, we do not warrant the accuracy, completeness, reliability or currency of such descriptions. The information contained on this Website is intended only to provide a general indication of our products and pricing. Prices and specifications including standard features, accessories, equipment, options and colours are subject to availability and inventory, and MINI Grand River reserves the right to revise pricing and/or specifications at any time, without notice. Please contact MINI Grand River for more information on products and final pricing.
Illustrations are representative only. MINI Grand River will, subject to legal requirements, determine the Model Year designation of its vehicles. The Model Year designation on any particular model may be longer or shorter than twelve months. Models may be shown with features, accessories, equipment, options and/or colours not available in Canada, or available only at extra cost, or available only on particular models.
All of the information contained on this Website is for informational purposes only and in no way constitutes an offer to buy or sell MINI Grand River vehicles. The purchase of any MINI Grand River vehicle shall be subject to the terms and conditions of the applicable sale, lease, or financing contract.
Certain products may be available for purchase on this Website. Products displayed on the website may not be available at all times and products and prices may be changed, and products substituted or discontinued at any time. While we attempt to provide an accurate description of items available for purchase on the site, we do not warrant the accuracy, completeness, reliability or currency of such descriptions.
It is our goal to provide increased value to you, our visitors. Therefore, the Website might offer you links to other sites on the Internet that are owned and operated BMW Group affiliates or third parties that are not affiliated with us. Please understand that such linked Websites are independent from MINI Grand River and MINI Grand River has no control over the content of such Websites. Consequently, MINI Grand River cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such Websites.
The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

9. User Rights and Obligations Regarding Online Credit Applications:

When you apply or register for, order or use certain products or services from MINI Grand River, MINI Grand River may obtain your credit score and related information from a credit reporting agency to process or fulfill the transaction.  MINI Grand River may continue to periodically obtain your credit score and related information from a credit reporting agency to update your confidential profile for use by MINI Grand River as set out in this Privacy Policy. Upon your request we will inform you if we have ordered such a report or reports, and will give you the name and address of the credit reporting agency that furnished the report or reports.
 
You also acknowledge and agree that any dealers or other persons or organizations to which we have disclosed your personal information in accordance with this Privacy Policy, may request a credit report for any legitimate purpose associated with your application [for credit, extending credit, modifying the terms of your credit agreement, or collection on your account.]

10. Permitted and Prohibited Use of the Website:

Subject to these Terms of Use and all applicable laws, you may use the Website for your lawful, personal use for non- commercial purposes only, only in the manner purposefully made available by the Website and subject to these Terms of Use and all applicable laws. Use of the Website for any other purpose or in any other manner is strictly prohibited. You will not: (a) use the Website in any manner or for any purpose except as expressly permitted by these Terms of Use; (b) use the Website for a commercial or business purpose (whether or not for profit) or on behalf of, or for the benefit of, any other person; (c) attempt to circumvent the ordinary navigational structure, technical delivery systems or display of the Website or attempt to access or use the Website by any means that is not purposely made available for that purpose by MINI Grand River; (d) use the Website in a way that interferes with or disrupts the security, integrity, functionality, operation or performance of the Website or any related computer system, network or data; (e) license, sublicense, grant, sell, resell, lend, rent, lease, loan, share, transfer, assign, pledge, copy, reproduce, distribute, imitate, publish, republish, translate, repost, publicly display, publicly perform, transmit, distribute, create any interest in, commercially exploit, or otherwise give or make available or permit access or use of the Website to or for the benefit of any other person, whether as a service bureau or otherwise, and with or without charge; (f) index, crawl, catalogue, mirror, frame, scrape, cache, or otherwise collect or mine data from the Website for any purpose whatsoever, using any technologies, tools or methods (including robots, spiders, crawlers, or other automatic devices, programs or methodologies) whatsoever; (g) alter, violate, circumvent, conceal, modify or remove any notices (including proprietary rights notices), proprietary codes or locks, means of identification, digital rights tools or management information, technological protection measures, security or control measures, or agreements on, in or in relation to the Website; or (h) authorize, permit, assist, encourage or enable any other person to do any of the foregoing or to use the Website in a way that would constitute an infringement of the rights of MINI Grand River or a breach of these Terms of Use if it were done by you. The foregoing restrictions do not apply if and to the extent, but only to the extent, that the restrictions are prohibited by applicable law.

11. Ownership of Website:

Copyright © 2020. MINI Grand River. All Rights Reserved. The Website and the technologies and data used to operate the Website and all related proprietary rights (including copyright) are owned solely by MINI Grand River and its licensors and are protected by Canadian and international intellectual property laws. You will not acquire any right, title or interest in, to or associated with the Website or any related technologies and data.

12. Linked Sites:

For your convenience, the Website may provide links or references to Internet sites or resources operated by independent persons (collectively “Linked Sites”). Linked Sites are independent from MINI Grand River, and MINI Grand River does not endorse, and have responsibility or liability for or control over, any Linked Site, any products, services or content available through a Linked Site or the collection of your personal information through a Linked Site or by the owner or operator of a Linked Site. Your use of a Linked Site and your dealings with the owner or operator of a Linked Site are at your own risk, and you will not make any claim against MINI Grand River arising from, connected with, or relating to your use of a Linked Site, your dealings with the owner or operator of a Linked Site or any product, service or content available through a Linked Site.

13. Disclaimers:

General Disclaimers: To the fullest extent permitted by applicable law, the website is made available and provided to you on an “As-Is”, “As Available” and “With All Faults” basis and without any representations, warranties, conditions or guarantees of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, including any representations, warranties, conditions or guarantees of or relating to accuracy, capacity, completeness, delays, durability, errors, fitness for a particular purpose, lack of negligence, viruses or other harmful component, interrupted service, merchantability, non-infringement, performance, results, quality, timeliness, title or workmanlike effort, all of which are hereby waived by you and disclaimed by MINI Grand River to the fullest extent permitted by applicable law; and no representations, warranties, conditions or guarantees will be created by any advice or information, whether oral or written, provided by or on behalf of MINI Grand River. If you are dissatisfied with the website, your sole remedy is to discontinue the use of the website. 

Linked Sites: Without limited the generality of any other disclaimer, you are solely responsible for the selection of linked sites to achieve your intended results, and your access, deal with, purchase and use linked sites at your own risk. MINI Grand River does not make or give any representation, warranty, condition or guarantee of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, regarding any linked site. MINI Grand River does not control, and is not responsible or liable for any linked site.

Reservation: The laws in some jurisdiction prohibit or limit the disclaimer of certain warranties and conditions or the exclusion or limitation of certain liabilities, and so the disclaimers and liability exclusions and limitations in these terms and conditions might not apply to you.
Definitions: In these terms of use. “MINI Grand River” means MINI Grand River and its Licensors, Suppliers and Service Providers, and each of their respective Directors, Officers, Employees, Contractors, Agents, Shareholders, Distributors, and Representatives, jointly and severally.

14. Liability Exclusions:

To the fullest extent permitted by applicable law, in no event and under no circumstances will MINI Grand River be liable to you or any other person for any loss, damage or liability (including direct, indirect, special, incidental, consequential and punitive damages) arising from, connected with or relating to your use of, or inability to use, the website or any related matter, under any theory (including contract, tort, strict liability, statutory liability or any other theory of law), regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by or on behalf of MINI Grand River, even if other remedies are not available or do not adequately compensate you or any other person for the loss, damage and liability and even if MINI Grand River knew or should have known the possibility of the potential loss, damage or liability being incurred.

15. Restrictions/Changes/Termination:

The Website may contain technologies that restrict or limit the use of the Website (including restrictions based on time or location). MINI Grand River in its discretion may change, suspend or terminate the Website, or limit, suspend or terminate your use of the Website, effective immediately at any time and without any prior notice or liability to you or any other person. The Website may be interrupted or unavailable from time to time, including for maintenance or due to causes beyond the control of MINI Grand River, all without notice or liability to you or any other person.
If your permission to use the Website is terminated for any reason, then these Terms of Use will continue to apply and be binding regarding your access to and use of the Website before termination and all related matters (including any related dispute).

16. Governing Law:

MINI Grand River has its head offices in Kitchener, Ontario. These Terms of Use and the Website and all related matters are governed by, and will be construed and interpreted solely in accordance with, the laws of the Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction.

17. General Matters:

Miscellaneous: These Terms of Use are binding on you and your heirs, executors, administrators, successors and personal representatives. These Terms of Use are for the benefit of MINI Grand River. No consent or waiver by MINI Grand River to or of any breach of these Terms of Use by you will be effective unless in writing and signed by MINI Grand River or will be considered to be a consent to or waiver of a continuing breach or any other breach by you. The rights and remedies of MINI Grand River under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which MINI Grand River may be lawfully entitled under these Terms of Use or at law, and MINI Grand River may pursue any and all rights and remedies concurrently, consecutively and alternatively. You will not assign or transfer these Terms of Use or any of your rights and obligations under these Terms of Use without the express prior written consent of MINI Grand River, which consent may be withheld in MINI Grand River’s discretion. MINI Grand River may, without your consent, assign its rights and obligations under these Terms of Use. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be unenforceable or invalid for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect unless as a result of the severance these Terms of Use would fail in their essential purpose.

Interpretation: In these Terms of Use: (a) a reference to “Terms of Use” refers to these General Terms of Use as a whole, and not just to the particular provision in which those words appear; (b) headings are for reference only;
(c) words importing the singular number only include the plural, and vice versa; (d) “person” includes an individual, corporation and any other legal entity; (e) “including” or “includes” means including or includes (as applicable) without limitation or restriction; (f) “law” includes common law, equity, statutes and regulations; and (g) “discretion” mean a person’s sole, absolute and unfettered discretion.

Complete Agreement: These Terms of Use set out the entire agreement between you and MINI Grand River regarding your use of the Website. These Terms of Use may not be modified except as set out in section 3. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and MINI Grand River regarding the Website. For greater certainty, products and services advertised on or available through the Website are governed by other applicable agreements.


Language: You and MINI Grand River have each expressly requested and required that these Terms of Use and all related notices and other documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais. Subject to applicable law, any non-English translation of these Terms of Use provided by MINI Grand River is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English version then the English version of these Terms of Use will take priority and govern.

If you have any questions or comments regarding these Terms of Use, please contact info@minigrandriver.com
If you do not accept and agree to these terms and conditions, then you may not use this website.