Conditions Of Use

Access to My Alphera Account requires acceptance of the
following conditions of use.

  1. CREATION OF LEGAL RELATIONS
    1. Binding contract. Your use of the MyAccount Site and the MyAccount Service is expressly subject to your acceptance of these Conditions of Use. By logging in for the first time and accessing My BMW Account, My MINI Account or My Alphera Account on the MyAccount Site, you unconditionally accept and agree to comply with and be bound by these Conditions of Use.
  2. MYACCOUNT SERVICES
    1. Compliance and good faith. The MyAccount service and functionality may vary between Loan Contracts, and we may modify the MyAccount service and/or functionality at any time without consultation or notice to you. We do not guarantee that MyAccount will continue indefinitely and we reserve the right to cease providing the service generally, or some aspects of it, at any time.
  3. RELATIONSHIP WITH LOAN CONTRACT
    1. MyAccount separate from Loan Contract. You acknowledge that your Loan Contract is separate from your MyAccount, and that any discrepancies between your Loan Contract and your MyAccount will not in any way alter, vary or affect the terms of your Loan Contract.
    2. Consent of co-borrowers and guarantors. When accessing and using MyAccount relating to any Loan Contract which has a co-borrower and/or guarantor, you represent and warrant that you will have obtained the consent of all relevant parties to such access and use.
  4. YOUR MYACCOUNT INFORMATION
    1. Information used to Login. You represent and warrant that the Information you provide to login is true, accurate, current and complete and that you will maintain and promptly update your Login Information to keep it so.
    2. Account information. We will use all reasonable endeavours to ensure that your Account Information is accurate as far as possible. However, you acknowledge and accept that your Account Information may not always be completely accurate or up to date. Inaccuracies may from time to time occur, for example, as a result of human error, software malfunction or delays in processing. You should not rely on your Account Information to comply with your obligations under your Loan Contract including meeting payment deadlines.
    3. Reporting discrepancies. You agree to notify us immediately if you observe any inaccuracies in your Login or Account Information, including any discrepancies between your Account Information and your Loan Contract (and repayments made under it).
  5. MYACCOUNT SITE SECURITY
    1. Email and password. The first time you access the MyAccount Site you will be asked to nominate a Password. Your Email Address and MyAccount Password will be used for your secure login to the MyAccount Site. Your Email must be a valid email address and your password must be of sufficient complexity and only known to yourself. Your MyAccount Password should not comprise any personal information about yourself which is known or easily obtainable by other persons.
    2. Password security. It is your responsibility to ensure that your MyAccount Password is changed frequently and kept secure at all times. You must not disclose your MyAccount Password to any other person. If you know or suspect, or have reasonable cause to suspect, that the security of your MyAccount Password has been compromised in any way, you must immediately (i) change your MyAccount Password; and (ii) notify us if you suspect that your MyAccount has been accessed by another person without your authorisation.
    3. Change of email. If at any time you stop using your Email Address or your Email Address is deactivated, you must immediately update your Login Information by nominating an alternate valid email address.
    4. Unauthorised access. You are liable for any activities undertaken on the MyAccount Site resulting from the use of a valid Email Address and MyAccount Password, whether or not authorised, and whether or not you have notified us of your suspicion that your Login Details were used without your authorisation.
    5. Suspension. We may suspend access to the MyAccount Site immediately, at any time without giving your notice, if we believe there are security concerns related to the MyAccount Site.
  6. MYACCOUNT SITE
    1. Functions not error free. We do not warrant that any of the functionality of the MyAccount Site, or your ability to access to the MyAccount Site, will be uninterrupted or error free, or that any outage notifications will be made in a timely manner, or at all.
    2. Viruses. While we do take reasonable measure to protect the MyAccount site from computer viruses or other defects, it remains your responsibility to protect your software and systems by installing and implementing your own security and system checks such as using up-to-date anti-virus, firewall and anti-spyware software.
    3. No interference. You must not, directly or indirectly, introduce, or permit the introduction of, any virus, worm, Trojan or other malicious code into the MyAccount Site, or in any other manner whatsoever corrupt, degrade or disrupt the MyAccount Site.
  7. DISCLAIMERS, LIABILITY AND INDEMNITY
    1. No implied warranties. The MyAccount Site is made available to you on an "as is" and "as available" basis, and we make no representation, provide no express warranty or guarantee, and exclude all implied warranties (whether implied by statute or otherwise) (i) in relation to the MyAccount Site; (ii) about the security of the MyAccount Site or the safety of any file or software associated with it; or (iii) about the accessibility, accuracy, quality, currency or reliability of the MyAccount Site.
    2. Exclusion of liability. To the maximum extent permitted by law, we exclude any implied terms and any liability for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequent damages of any kind or for any lost profits or lost savings, whether based in contract, tort (including negligence), equity, strict liability, statute or otherwise, which arises out of or which is in any way connected with (i) your use of or reliance on the MyAccount Site; or (ii) any failure or delay (including, without limitation, in relation to the processing of any changes to your Personal Information).
    3. Indemnity. You indemnify us (and all of our subsidiaries, employees and officers) and hold those indemnified harmless from and against any and all claims, losses, causes of action or demands (including legal fees) arising out of or in relation to your use of or reliance on the MyAccount Site, including any breach by you of these Conditions of Use or our Privacy Policy.
  8. PRIVACY
    1. You warrant and represent that you have read our Privacy Policy, and you consent to the use and processing of your Personal Information by us and our third party providers in accordance with the terms of, and for the purposes set out in, our Privacy Policy.
    2. Protecting your privacy is important to us. Whenever we collect and otherwise deal with your personal information, we are governed by the National Privacy Principles ('NPPs'), which are contained in the Privacy Act 1988. Therefore, whenever collecting and dealing with personal information such as your identity and contact details of you and your referees (including name, address, email address, phone number), information about your financial circumstances and history, and products or service preferences you may have, we will be bound by the NPPs.
    3. Whenever we collect personal information from you, whether online, from authorised Alphera dealers, or other members of the BMW Group or whenever you enter into transactions with us, we will make every reasonable attempt to inform you of why we are collecting your information, to whom we will disclose that information and the purposes for which we intend to use that information.
    4. In general, the purposes for which we collect your personal information include:
      1. providing finance for the purchase of motor vehicles;
      2. keeping customer’s up to date with the latest developments relating our products (for example: Comprehensive Insurance, Credit Cards, Insurance Premium Funding and new products in the future);
      3. using personal information for market research to enhance the quality of our products and customer satisfaction; and
      4. using personal information to ensure timely and efficient payment of repayments due to us.
    5. In general, the purposes for which we collect your personal information include:
    6. In using your personal information in the above way, we may be required to make disclosures to third parties such as mercantile agents, mailing houses, financial institutions or market research firms. Our use and disclosure of information about you is dictated by the product or service you take up. We will not use or disclose this information for a purpose unrelated to these or outside your reasonable expectations unless we have your agreement or need to meet a legal obligation or authority. To provide our products and services in the most cost effective and efficient way, we may need to utilise the services of other third parties. Should this require us to share information, we will employ stringent safeguards to protect the security of personal information.
    7. To ensure that these purposes are fulfilled, the information may be stored, processed, and passed onto other companies within the BMW Group. At all times, we will take great care to ensure that your personal information is protected and treated confidentially and in accordance with the Privacy Act.
    8. If you believe that we have not dealt with your personal information in a manner that complies with the Privacy Act you should contact us to discuss how we may better deal with it. Information about you is integral to decisions we make about our products and services for you. It is essential that the information is correct. You are encouraged to assist us to ensure this by alerting us to any changes in your particular circumstances. You are also welcome to get access to information we hold about you and to draw any inaccuracies to our attention.

      All correspondence should be directed to the:

      Privacy Officer
      Alphera Financial Services
      783 Springvale Road Mulgrave,
      Victoria, 3170
  9. TERMINATION OF YOUR MYACCOUNT
    1. Termination by you. You may suspend or terminate your access to the MyAccount Site at any time by notifying us in writing.
    2. Termination by us. We may terminate your access to the MyAccount Site immediately with or without notice if you fail to comply with any of these Conditions of Use or if you otherwise use the MyAccount Site in any manner or for any purpose that we consider is improper. We may also terminate your access to the MyAccount Site with or without notice if we decide to discontinue the MyAccount Services.
  10. GENERAL
    1. Waiver . Any failure by us to exercise or enforce any one or more of our rights under these Conditions of Use will not constitute a waiver of such rights unless such waiver is granted by us in writing.
    2. Entire agreement. These Conditions of Use and our Privacy Policy constitute the entire agreement between each of us as to their subject matter, and supersede all prior or inconsistent statements or representations as to that subject matter.
    3. Electronic communications. An electronic communication from us sent to your Email Address will satisfy any requirement for a written communication or notice, and any electronic communication we send to you will be taken to be received by you on the next business day.
    4. Governing law. The laws of Victoria, Australia govern these Conditions of Use, and each of us submits to the exclusive jurisdiction of the courts of Victoria for the resolution of any dispute arising under or in connection with these Conditions of Use.
  11. DEFINITIONS AND INTERPRETATION
    1. Definitions. In these Conditions of Use, the following definitions apply:
      1. Account Information means information accessed via that MyAccount Site relating to your Loan Contract and includes your contract start date and term, payment due dates, methods of payments and outstanding loan amount, payment reminders, transaction inquiries and payout quotations;
      2. Login Information means information required to be provided by you when first or subsequently logging into the MyAccount Site including, your Account Number, Date of Birth, Driver Licence number, Email Address and MyAccount Password;
      3. Loan Contract means the contract between you and BMW for the purchase of your BMW, MINI or Alphera, to which your MyAccount relates;
      4. MyAccount Password means the password nominated by you when first logging into the MyAccount Site or updated by you whilst logged in to the MyAccount Site;
      5. MyAccount Site http://www.myalpheraaccount.com.au; http://www.mybmwaccount.com.au; http://www.myminiaccount.com.au.
    2. Interpretation. References to "we" "us" and "our" are references to BMW Financial Services and the BMG Group.