BRP Technical Info Terms and Conditions

1. Introduction

Welcome to the BRP Technical Info website. This website provides independent repairers with technical information for the repair and maintenance of BRP® Can-Am® (hereafter referred to as “BRP products”). The information supplied is intended for EU specification BRP products only.

Information can only be accessed after registering and/or subscribing for the relevant service.

Users of this Website are bound by the following terms and conditions so please read these carefully before continuing. Please note that before accessing the Website you will be asked to agree to these terms and conditions. If you refuse to accept these terms and conditions, you will not be able to access the BRP Technical Info Website.

To be able to use the diagnostic software for BRP products, Users will be required to purchase the MPI2 adapter from an authorized BRP dealer (PN. 710005067).

2. Definitions

“Website” means this BRP Technical Info website (techinfo.brp.com) which is provided by BRP European Distribution SA. (“BRP”)

“Registered user” means a user acting as an employee or owner of a registered company which is an independent provider of maintenance or repair services for BRP products.

“Company” means a registered independent provider of service or repair services for BRP products.

“Users” shall mean any employee or owner of such companies who have the Companyʼs authority to access this Website.

“Materials” means the technical information and services on this Website.

“Independent Repairer” means a registered independent provider of maintenance or repair services for BRP products.

3. Information about BRP

The Website is operated on BRPʼs behalf. We are BRP EUROPEAN DISTRIBUTION SA, a company registered in Switzerland and with its registered office at Avenue dʼOuchy 4-6, 1006, Lausanne, Switzerland.

You may contact us by e-mailing us at technicalinfo@brp.com or writing at the aforementioned address.

4. BRP Technical Info Terms and Conditions of Registration & Use

These terms and conditions govern the access to and the use of the technical information and services (the “Materials”) on this Website by registered users. By allowing Users to register to use this Website the Userʼs Company agrees to be bound by and ensure that its Users comply with these terms and conditions.

BRP reserves the right to make changes to the Website, the materials on it, and to these terms and conditions at any time. Such amended terms and conditions shall be effective upon posting on the Website or through some other reasonable method. BRP will make reasonable efforts to notify Users of any changes to these terms and conditions.

5. Registration

In order to register and subscribe to this Website you must meet the following conditions:

• You are an employee or owner of a registered independent service or repair business for BRP products in the EU;
• You do not plan to republish or share any Materials with other users except as allowed in these terms and conditions; and
• You have authority to enter into this agreement on your Companyʼs behalf.

BRP reserves the right to decline applications or refuse users access to this Website if these conditions are not met.

6. How to Register

Independent Repairers need to register by using the subscription service available through this Website. Follow the instructions to register and make the necessary payment.

Initial registration is needed to view the available document titles and the subscription prices. When registered you will be able to log in with your user name and password, but to view the document contents and access other listed Materials, the necessary subscription must be paid.

It is each Userʼs responsibility to keep their username and password secure at all times. You will be liable for all transactions and costs incurred on the Website using your sign-in credentials. BRP cannot be held liable for any losses you or your Company suffers or incurs as a result of any failure to keep the assigned username and password secure.

7. Conditions of Use

Except as specifically permitted herein, no materials or any other portion of the information on this Website may be modified, reproduced, publicly displayed, or distributed in any form or by any means, for any purposes, without prior written permission from BRP. Subject to compliance with these terms and conditions, BRP grants a non-exclusive, non-transferable, limited right to allow access to this Website and to use the Materials for the sole purpose of service and repair of BRP products within the normal business operations of your Company.

This authorization is not a transfer of title to the Materials (or copies of the Materials) and is subject to the following obligations:

You ensure that all copyright and other proprietary notices contained in the materials will not be deleted or modified on any copy of the Materials downloaded or used by you or your Company;

1. You ensure that none of the Materials may be transferred to any person other than your Companyʼs authorized Users;
2. If you do not comply with the obligations mentioned above BRP will be entitled to suspend your access to the Website and/or terminate this agreement with immediate effect without notice. Any unused balance of your subscription will be retained by BRP by way of damages in respect of any loss that BRP suffers as a result of your breach of this clause. This action will not affect any of the rights of BRP, including its right to claim damages and/or take any other legal measures instead of or in addition to retaining any unused subscription balance.

This Website may only be used for lawful purposes. Users are prohibited from violating or attempting to violate the security of this Website including to obtain products not properly ordered and fully paid for.

Users may not interrupt or attempt to interrupt the operation of this Website in any way or send unsolicited email messages (‘spam’) to or through this Website or otherwise harass the site owner, provider, or other users.

Users must treat their account details, including your username and password, as confidential, and not disclose them to any third party.

If Users know or suspect that anyone other than a third party its has specifically authorized knows Users identification code or password, Users must promptly notify BRP at technicalinfo@brp.com.

Users are responsible for any activities that occur under their account. BRP shall not be liable to Users or any third party for any loss or damage which may arise as a result of any failure by Users to keep their password or account confidential.

8. Using the Materials

Access to the Materials is intended to allow Users to undertake repair or servicing work. This work should only be carried out by trained, fully qualified technicians with up-to-date skills. Where a special tool is referred to in the Materials, it is essential that this tool is used for proper repairs. BRP will not be liable for any losses incurred or suffered by you or your Company, as a result of any failure to comply with this clause.

9. Vehicle modifications

This Website is intended to provide information for the repair and maintenance of original BRP products. BRP cannot accept responsibility or liability in the event that the information is used for any other purpose including modification from standard specification.

Users and Company agree to indemnify BRP against all claims by any third party for any cost or loss (including any consequential damages) arising from your modifications to any vehicle. Users and Company shall be liable for any product liability (whether for death, personal injury or property damage) arising from any modification to a BRP vehicle or component made by the User or any of the Companyʼs users.

10. Disclaimers

BRP does its best to make sure that all information provided by this Website is correct at the time of inclusion, but does not guarantee the accuracy of any such information.

It is your responsibility, as an experienced repairer or servicer of BRP products, to determine the suitability and accuracy of the information you get from the Website and the manner in which you use that information.

11. Liability

To the maximum extent permissible under applicable law and with the exception of liability resulting from wilful misconduct or gross negligence, neither BRP nor any of its officers, directors, employees, representatives, agents, parent companies, subsidiaries, or affiliates will be liable for any damages of any kind relating to the use of this Website, the Materials or any other information or service provided via this Website, irrespective of whether they are provided by BRP or a third party. This includes but is not limited to any errors in or omissions from this Website, the Materials or any other information on the Website, such as technical inaccuracies and typographical errors; any third party websites or content therein directly or indirectly accessed through a link on this Website, or the unavailability of this Website or any portion thereof.

BRP does not warrant or represent that this Website or any e-mail sent by BRP, is or will be free of any viruses or other harmful components, and BRP does not make any representations or warranties of any kind regarding the consequences of downloading any software, information, or materials from this Website.

12. Intellectual Property Rights

All text, images, graphics, animation, videos, music, sounds, software, and other materials on this Website and in the Materials are subject to the copyrights, trademark rights or any other intellectual property rights of BRP, its affiliated companies and its licensors. The unauthorized use of any trademark displayed on this Website is strictly prohibited. BRP owns the copyrights and any database rights in the selection, coordination and arrangement of the Materials and any other information and all other rights including goodwill, whether now known or created in the future, in the content provided on this Website. Except as specifically permitted under these terms and conditions, the Materials or any other information on this Website may not be modified, reproduced, reposted to other sites or distributed in any form or by any means, without prior written permission from BRP.

13. Governing law and competent court

These terms and conditions are governed by and should be interpreted in accordance with the laws of England and Wales. In the event of any dispute arising in relation to these terms and conditions or use of the Website, the Materials or any other information or services on the Website, the competent Federal Courts or the English Courts shall have exclusive jurisdiction over such dispute.

14. Advice from Customer Service Representatives

Any advice or suggestions given by BRP customer service representatives, whether orally or in writing, do not constitute any kind of warranty cover or authorization by BRP.

15. Product & Service Availability in Foreign Countries

This Website may contain references or cross references to BRP products that are not available in every country.

The Independent Repairer subscription option is not available in countries outside of the EU.

16. Other Sites

Visiting or making purchases from a Website affiliated with BRP, or linked to this Website, is at your own risk and you will be subject to the other websiteʼs applicable terms and conditions (including, without limitation, that websiteʼs privacy policy). BRP is not responsible for examining or evaluating, and in no way makes any endorsement, warranty, or representation relating to, the content of any such other website, and will not be responsible or assume any liability for its actions, products, services, or content or its related businesses.

17. Privacy / Security

All personal information provided by Users of this Website will be subject to BRPʼs Privacy Policy which can be found at: http://www.brp.com/en/privacy-policy.html. Please read it carefully.

18. Termination

If any User fails to comply with these terms and conditions we reserve the right to terminate or suspend their access to all or any part of this Website without notice. In the event of any such termination, any limitations on our liability or that of any of our officers, directors, employees, representatives, agents, parent companies, subsidiaries, or affiliates set forth herein shall continue to apply.

19. Changes

We may amend, modify, delete, or otherwise change any information, component, or page now or hereinafter contained or displayed on this Website, including, without limitation, any prices, product descriptions, terms, warranties, or these terms of use, at any time and from time to time without notice. And the same will be effective immediately upon posting on this Website (except with respect to orders placed and accepted by us prior to the time of posting, in which event the terms and conditions in effect at the time the order was placed shall apply).

20. Severability

If any provision of these Terms and Conditions of Registration and Use or of any other page found on this Website is held invalid or unenforceable, in whole or in part, by competent authorities in any jurisdiction, such provision shall, as to such jurisdiction only, be deemed severable and ineffective to the extent of such invalidity or unenforceability and shall not affect the validity or enforceability of any remaining provisions.

21. Entire Agreement

These Terms and Conditions of Registration and Use set forth or referred to in other pages of this Website constitute the entire understanding and agreement between you and BRP concerning the subjects covered herein.