Online Services Agreement
Effective July 31, 2014
1. Up2drive, a division of BMW Bank of North America, and its subsidiaries and affiliates (“Up2Drive”) 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 EasyPay, QuickPay, and up2drive 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 Bank of North America and its subsidiaries and affiliates. “You” or “your” refers to each person(s) who uses or accesses Online Services.
Please read this Agreement carefully and retain it for your records. By using Online Services OR ANY WEB SITE OF Up2Drive (“WEB Site” AND “WEB SITES”), you indicate your acknowledgement and acceptance of this Agreement and YOUR agreement to the terms and conditions contained herein.
2. 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.
3. 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.
4. Electronic Payments. You may use EasyPay and QuickPay 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.
5. 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.
6. 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.)
7. 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.
8. In case of Errors or Questions. If you have enrolled in EasyPay or QuickPay 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, , or write to us as follows:
P.O. Box 3608
Dublin, Ohio 43016-0306
To call for Up2Drive:
9. Business Days and Hours of Operation. Our business days are . 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.
10. 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 up2drive at 877-982-3748, or write to up2drive 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 time.
a. To complete transactions you authorize;
b. To verify the existence and condition of your account;
c. To credit bureaus;
d. When required by law or court order;
e. With your permission.
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 877-982-3748, , write to us at up2drive at P.O. Box 3608, Dublin, Ohio 43016-0306 or please access your account online at central.up2drive.com and submit a message through the Message Center.
12. 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:
a. Your name(s) or account number (if any);
b. A description of the error or transaction you are unsure about and explain why you believe it is an error;
c. The dollar amount of the suspected error;
d. If you tell us orally, we may require written documentation within ten (10) business days.
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 payment.
13. 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.
14. 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.
16. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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 877-982-3748. Our representatives are available . 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.