Terms

Version: 1.0

Terms for FordPass Users in Europe - UK

(“Terms”)

Date: June 2020

Welcome to FordPass, a smarter way to move! FordPass is a new platform that will empower you to rethink the way you travel. Through a collection of personal, digital and physical solutions, FordPass will provide you with more mobility options so you can go further than you thought possible.

Before we get started, we want you to know how FordPass works and we need you to click “I agree” to accept our Terms. Please review carefully. You can use the Table of Contents below to easily move through these Terms:

1. General Information

1. FordPass Agreement

2. System Requirements

2. Services

1. My Dealer

2. My Vehicles

3. FordPass Perks

4. Parking

5. Operate

3. FordGuides

4. Roadside Assistance

5. Term

6. Vehicle Safety

7. Data protection and data security

8. Communications

9. Special Terms and Third Party Materials

1. Special Terms

2. Third Party Materials

10. Limited Licenses

11. Trademark Notice

12. Liability

13. Governing Law

14. Subscriptions

15. Ford Pay

16. Contact Us

 

1. General Information

These Terms govern the access to and use of the FordPass application (“FordPass”) between the individual user of FordPass (hereinafter "you") and Ford Motor Company Limited, Eagle Way, Brentwood, Essex CM13 3BW; Company No. 00235446 (hereinafter "Ford", “we”, “us”).

These Terms do not alter in any way the terms of any other agreement you may have with us or another Ford company. These Terms contain important information about FordPass. FordPass is a service that relies on data from you, your mobile device, and your vehicle, such as location and driving characteristics, so we can deliver you great functionality and services, and communications tailored to your interests. Please also see our Privacy Policy (https://www.fordpass.com/content/ford_com/fp_app/en_gb/privacy.html) for more information. If you want to retain a copy of these Terms, please visit https://www.fordpass.com/content/ford_com/fp_app/en_gb/terms.html and save or print them. These Terms are also available in FordPass in your Account information. You will also receive a copy of these Terms on a durable medium (e.g. as part of an e-mail) after conclusion of the agreement. Access to and use of FordPass under these Terms is limited to Europe.

1. FordPass Agreement

Ford offers basic features and enables access to vehicle related information and ancillary services in separate applets through FordPass ("Services"). The Services available to you are described in Chapter 2 below. To use FordPass features and Services you are required to register and accept these Terms. By registering for FordPass you will create a log in name by entering your e-mail address and a password. The use of some Services may require conclusion of a separate contract and may be subject to respective special contractual terms and conditions ("Special Terms"). Special Terms apply in addition to these Terms.

By opting in (ticking the box) and clicking “I accept”, you agree to be bound by these Terms when using FordPass.

These Terms will take effect as soon as you receive a confirmation by e-mail or at the latest when you are able to use the Services. As soon as the Terms take effect, you are deemed to have concluded an agreement with us.

Registering for FordPass requires you to select your country, to provide your first and last name as well as your e-mail address and to create a password. You have the option to add your mobile phone number and home address. You can also choose to receive marketing communications from us.

Personal details that are closely related to a Service are gathered on an applet-specific screen.

We will amend these Terms from time to time (if we believe (in our reasonable opinion) that it is necessary to do so (for example, for security, legal or regulatory reasons, if we change the scope of our available Services or if we introduce new Services). If we increase the scope of our available Services, introduce new Services or if the proposed amendments are favourable to you, the amendments will be deemed to have been accepted by you if we have notified you of the proposed amendments and you have continued using FordPass without objection after the date the amendments are advised to take effect.

Where any proposed new terms reduce Services or restrict or limit your existing rights under this agreement, we will provide you with reasonable advanced notice, which wherever reasonably practicable, will be no less than two months' notice before the proposed amended terms take effect. We will always notify you of proposed changes to terms by email to your current registered email address and may also notify you via push notifications. Within this notification, we will state the date on which the proposed terms become effective.

If you do not wish to accept the change to these Terms you may terminate this Agreement at any time (as set out in Chapter 5 below).

2. System Requirements

Use of FordPass requires a compatible mobile telephone or handheld device, internet access (third-party fees may apply), and software (third-party fees may apply), and may require obtaining updates or upgrades from time to time. Contact your mobile phone operator for more information regarding usage rates and fees. For the avoidance of doubt, please note that we do not operate a mobile phone network or provide any such services.

To access certain FordPass Services your Ford vehicle may need to have a compatible SYNC in-vehicle system. If your vehicle is equipped with SYNC, you agree that we may update your SYNC software according to the vehicle software End User License Agreement (“EULA”) provided in your vehicle’s Owner Guide or otherwise by us. You may be able to update your SYNC software through FordPass if you choose. Data usage rates and fees may apply.

Not all features or Services will be available in all markets and coverage may be limited, including due to your vehicle capability and data plan coverage. Availability of features is subject to change and dependent on mobile device and vehicle capability and the internet access available to you. FordPass may be unavailable or interrupted from time to time for a variety of reasons, such as environmental or topographical conditions and data plan coverage.

You are responsible for keeping your FordPass account information and password secret. You are responsible for any unauthorized activity that occurs in your account if you have negligently or intentionally caused the unauthorized activity. You agree to notify us immediately of any unauthorized use of your account or password.

Uninstallation methods vary depending on your device. To uninstall FordPass, you must use the application management tools provided with your device. Consult your device manual for assistance.

If your vehicle has an embedded device, please consult your vehicle’s owner guide to turn-off data transmissions, which may require a Master Reset in the SYNC settings.

2. Services

We may expand the scope of the available Services and/or add new Services to FordPass in the future. Below you can find a detailed description of the services which are currently included in FordPass or will be made available to you in the near future:


1. My Dealer

The My Dealer feature allows you to connect with your Ford dealer, schedule services, locate Ford dealers, get directions to your Ford dealer, and view new Ford dealer inventory. By using the locator services you will be subject to the terms provided by the third-party location or mapping service that you use.

All service appointments and vehicle services are the responsibility of you and your Ford dealer. Ford dealers are separate legal entities and we are not responsible or liable for Ford dealers’ activities, including any services you receive from your Ford dealer or the content of Ford dealer websites.

The My Dealer feature may also allow you to view new inventory at your preferred Ford dealer. The inventory listed on FordPass may not be current with the exact inventory available from your Ford dealer. We are under no obligation to verify the inventory set by the individual Ford dealer. We are therefore not liable for any inaccuracies. Please contact your Ford dealer for the actual price and availability of any vehicle and any applicable terms and conditions that may apply.

2. My Vehicles

The My Vehicles feature may allow you to access certain information related to your vehicle via FordPass. In order to register your car with the My Vehicles feature, you will need to enter your VIN number. You must be an authorized user of a vehicle in order to link your FordPass account to the VIN of a vehicle you do not own or lease, which may have to be approved by a primary account holder and authenticated in the vehicle. You may remove your VIN from FordPass at any time; however any removal of the VIN may affect certain FordPass features.

The My Vehicles feature also may allow you to view how-to videos about your vehicle. In order to view these videos, FordPass will link to the Ford website (http://www.ford.co.uk/). This website is operated by Ford but may have unique terms and conditions. Please review the terms and conditions and privacy policy for the Ford website prior to viewing any how-to videos. Your use of the how-to videos is at your own risk. Please use these videos with caution and never attempt to perform vehicle maintenance that may require a professional.

Please note that the information provided in My Vehicles is for convenience purposes only. The information displayed in My Vehicles may not reflect the actual and/or current status of your vehicle. Please refer to the instruments and displays in your vehicle for the accurate current status of your vehicle.

Please be aware that it is the driver's responsibility to ensure that your vehicle is in proper working condition.

3. FordPass Perks

When you register with FordPass you are automatically enrolled in FordPass Perks. FordPass Perks includes special offers and other promotions, which may be based on things you do through FordPass. You do not have to use FordPass Perks in order to use other parts of FordPass. The type and frequency of offers and promotions will vary, and each one is subject to its own terms or rules. FordPass Perks is separate from any other loyalty programs offered through us or our affiliates. FordPass Perks is subject to change at any time, and some features may not be available on all vehicle makes and models.

You agree to receive FordPass Perks communications from Ford, your authorized dealership, and affinity partners, which may be customized based on personal information you provide to us through FordPass, such as location and driving characteristics.

Chapter 7 on data protection and data privacy applies in particular to FordPass Perks.

4. Parking

The Parking feature allows you to locate available parking by displaying parking lots with the help of the third-party location or mapping service you already use on your mobile device. By using the locator services you will be subject to the terms provided by the third-party location or mapping service that you use.

The parking lots displayed may be subject to a fee. These fees are charged by third-parties. We do not provide any parking service and do not operate any parking lot.

We do not verify the quality, suitability, safety or security of any parking opportunity displayed. We therefore do not give any assurances about the quality, suitability, safety or security of any parking opportunity displayed.

5. Operate

(1) Your vehicle when equipped with an embedded modem may have the ability to access certain operational features through the FordPass app, including locking and unlocking the doors, remote start and remote stop, if allowed in your country. These features may not be available on all vehicle makes and models.

For applicable models, remote start causes the alarm to enter "reduced guard mode" turning off interior motion sensing and inclination sensing during remote start to avoid false alarms. Perimeter alarm will stay active. Double-locked doors will revert to central lock during remote start, as a safety precaution.

(2) FordPass Connect, and optional feature on select vehicles (includes SYNC Connect service for two years from the original vehicle sale date as recorded by the Ford Dealer), is required for certain features. FordPass Connect subscription fees may apply after two years. In this case, these fees would be subject to a seperate agreement and Ford would contact you on this.

(3) Always take your key or key fob with you when you leave your vehicle. Remote unlock may not funcion during service interruptions or if the battery is too low.

(4) In some cases, you may need to install the newest version of the App before you can use FordPass again. Make sure that you can always access your vehicle even if you can't access FordPass (e.g. in the event that the unlock feature in the app is not working).

(5) Certain FordPass features may require your vehicle to have a compatible SYNC in-vehicle system or an embedded modem ("Software"). If your vehicle is equipped with Software, you agree that we or our affiliates or service providers may remotely check and automatically update your Software according to the vehicle software End User License Agreement ("EULA") provided in your vehicle's Owner Guide or otherwise by us. You may be able to update your Software through FordPass if you choose. You further agree that Ford, its affiliates, service providers, and/or designated agents may periodically check the version of the Software and may remotely deliver Software updates, upgrades, supplements, or changes to the Software without any further notice or additional consent. Data usage rates and fees of your telecommunication service provider may apply.

(6) Not all features or services will be available in all markets and coverage may be limited, including due to your vehicle capability and data plan coverage. Availability of features is subject to change, and also depend on your mobile device and vehicle capability and the internet access available to you. FordPass may be unavailable or interrupted from time to time for a variety of reasons, such as environmental or topographical conditions (e.g. tunnel, garage, scheduled maintenance of Ford back end server etc.) and internet or data plan coverage.

(7) If your vehicle has embedded connectivity and you connect your vehicle through FordPass, your vehicle will continue transmitting data to Ford even if you uninstall FordPass. If you want to turn off data transmission from the vehicle, please consult your vehicle’s owner guide to turn-off data transmissions, which may require a Master Reset in the SYNC settings.

(8) If equipped, the vehicle status feature may allow you to view certain notifications on FordPass, regarding Vehicle Health Alerts. These alerts may include electric battery health, fuel level, fuel consumption, odometer, tyre pressure, VIN number, and other diagnostic information. These notifications should not be used or relied upon in place of normal vehicle maintenance. If at any time you believe there may be an issue or problem with your vehicle, consult with a professional for diagnosis and required maintenance.

(9) If your vehicle has Wi-Fi hotspot functionality and you have activated a data plan, you can view information about your data plan through FordPass. You must sign up for wireless service directly with your vehicle’s wireless provider, and your provider is solely responsible for the wireless service, subject to separate terms and conditions you agree to when you activate your service, and for the data about your plan available through FordPass. Always pay careful attention to the road and do not drive distracted. Wi-Fi hotspot intended for passenger use only.

(10) The monthly efficiency fuel report feature is affected by driving behaviour as well as other non-technical factors which play a role in determining a car's fuel consumption and CO2 emissions. Everybody drives differently under different traffic and weather conditions (summer, winter). You may spend most of your time driving on motorways or you may drive mainly on country roads. Some people drive faster and others more slowly.

Ford’s fuel report via Ford pass app is not directly comparable to the official fuel consumption figures. In order to compare new passenger car's fuel consumption or CO2 emission values, based on a harmonised EU test protocol, the official fuel consumption or CO2 emission values found in your Owner’s manual should be used.

Ford’s fuel report via app is different to what other OEM’s might publish; therefore a direct comparison is not given.

3. FordGuides

The FordGuides feature allows you to connect with a Guide via phone, live chat or email if you need any support on using the various FordPass benefits and mobility solutions. Please note that FordPass assumes no liability for the call quality or internet connection provided by your network supplier. Please note that the contact to FordGuides may incur third-party fees charged by your network provider in accordance with your agreement. Using FordPass or FordGuides service from abroad may result in additional roaming charges.

FordPass will allow you to provide contact information for a Guide to contact you via phone or email. By signing up and agreeing to the Terms and Conditions for FordPass, a FordGuides may ask you to verify your phone number or email address. If you provide your personal contact information, you are expressly consenting to a FordGuides contacting you. All your personal data and information provided within FordPass or to the FordGuides will be treated confidentially according to applicable data protection legislation. FordGuides will not ask you to reveal your password or PIN at any time.

4. Roadside Assistance

In the case of vehicle breakdown, you can make a voice call to an emergency service centre via the Roadside Assistance function. Any resulting communication costs, which may vary depending on country and supplier, shall be borne by you for this purpose.

This function is only possible if you have given your consent when requested within the App to transmit their current location. The emergency service centre will use this information to verify your location. Ford does not receive or process this data. An internet connection is required to use the App with the location transmission function; any costs incurred shall be borne by you.

The location can only be transmitted if your mobile device can identify a valid location. The position transmitted by you cannot be used to infer your exact location in a building (ie. flat, floor, etc.).

Ford aims to provide the call service to the emergency service centre at as low a price as is realistically possible. You may be required to pay for any breakdown assistance service provided as a result of using this function.

Ford does not accept any responsibility or liability for the disclosure of your data due to errors in data transmission and/or unauthorized access by third parties.

5. Term

This agreement will continue until it is terminated by you or us. You may terminate this agreement at any time for any reason by giving us written notice (including email) that you wish to close your FordPass account. We will then process your request and ensure that your account is closed and all data connections to the FordPass platform are severed.

We may terminate this agreement, or suspend temporarily part of all of your access to the app features at any time (acting reasonably) by written notice (including by e-mail to your current registered email address) for reasons including (but not limited to) the following:

1. you commit a serious or persistent breach of a term which you fail to remedy (if remediable) within 5 days after the service of written notice requiring you to do so;

2. circumstances arise where (in our reasonable opinion) such action will mitigate an identified risk or prevent FordPass from being abused, manipulated or otherwise undermined by you; or

3. where we decide to no longer offer any Services through Ford Pass.

Upon termination of this agreement, we shall close your FordPass account and are entitled to retrieve any user ID that you created for use by other users.

6. Vehicle Safety

Warning: We strongly recommend against the use of any hand-held device while driving. Do not use FordPass while driving. Please note that the use of a hand-held device while driving may be prohibited under applicable road traffic laws and regulations. Accessing or using FordPass on hand-held devices while driving could distract your attention away from the road and result in loss of vehicle control, crash and injury to you and others. FordPass may send messages or push notifications to your cell phone. Do not read messages on hand-held devices while driving.

7. Data protection and data security

Ford as the data controller collects, stores, processes, and uses your personal data, including driver-related usage and vehicle data, provided that this is necessary for providing the Services offered through FordPass in accordance with these Terms.

8. Communications

If you choose to communicate with us, you expressly consent to our representatives contacting you in the manner you request. You can choose whether or not to receive push notifications in your device settings. For details see our Privacy Policy (https://www.fordpass.com/content/ford_com/fp_app/en_gb/privacy.html).

9. Special Terms and Third Party Materials

1. Special Terms

The use of some Services may require that you enter into a separate agreement with us or one of our Ford Partners. Special Terms may apply to separate agreements. Such agreements will be between you and one of our Ford Partners and will not involve us.

If Special Terms apply to a Service, the applicable Special Terms will be presented to you prior to the first use of the Service and you will be able to retain a copy. You will be asked to accept the Special Terms if you want to use the Service. If you decline to accept the Special Terms, you cannot use the Service to which the respective Special Terms apply. Only the Special Terms which you have accepted are binding and apply to your use.

2. Third Party Materials

FordPass may also contain links to third-party websites or services (that are not governed by Special Terms) that are not owned or controlled by us, including but not limited to links to websites for our Ford Partners (“Third-Party Service”). We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Service. In addition, we will not and cannot censor or edit the content of any Third-Party Service. When using a Third-Party Service, you will leave the FordPass platform. You should always read the terms and conditions and privacy policy of each Third Party Service that you visit when you leave FordPass. We will indicate when you are using a Third-Party Service. You will always know whether you are using our Services or Third-Party Services.

FordPass may use data from third party sources, such as maps and directions, to provide Services. This data and other information may not always be accurate. Terms applicable to location based services to which you will be bound by using FordPass include:
http://here.com/services/terms
http://here.com/privacy/privacy-policy/
https://legal.here.com/terms/supplier-requirements/hlp-developers/

Terms applicable to live-traffic services to which you will be bound by using FordPass include:

http://here.com/services/terms
https://legal.here.com/privacy/policy/

In case of discrepancies, the Terms shall prevail over the terms applicable to location based services.

FordPass may contain or rely in part on certain free, shared, or public library software (“Open Source Software”). Please refer to the posted Open Source Software acknowledgements located at http://corporate.ford.com/ford-open-source.html for more information on any obligations or restrictions that may apply to the use of Open Source Software.

10. Limited Licenses

FordPass (including all software, content and data) is owned by us or used under license. FordPass is protected by worldwide copyright, trademark, patent, trade secret, or other proprietary rights whether or not a copyright notice or other proprietary mark is present. You agree to comply with all copyright laws in your use of FordPass, including preventing any unauthorized copying. Except as expressly provided herein, we do not grant any express or implied proprietary rights to FordPass.

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, limited right to access, view, use, display and listen to FordPass for your personal, non-commercial use only.

Any right or authorization granted to you by us is also subject to the following restrictions:

1. you may not, nor allow third parties to, create derivative works, use any data mining, robots, or similar data gathering and extraction tools on FordPass, create a database, systematically download, store any or all of the materials from FordPass or websites, link or frame any portion of FordPass, extract, derive or attempt to extract or derive any source code or structure of all or any portion of FordPass by reverse engineering, disassembly, decompilation or any other means;

2. you may not use FordPass in any manner that is unlawful, abusive, defamatory, deceptive, or invasive of another’s privacy, nor may you abuse anyone on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

3. you may not use FordPass with other content or in a manner that impersonates any person, business or entity, including us;

4. you may not interfere, try to interfere, disrupt, or try to disrupt our servers or networks, or disobey any of our network access or security requirements;

11. Trademark Notice

The Ford name, and all trademarks and logos displayed on FordPass are owned or used under license by us. The unauthorized use of any trademark displayed on FordPass is prohibited.

12. Liability

Ford will use reasonable skill and care to ensure that FordPass is safe and secure to use and to prevent it from causing damage to your device or any other digital content stored on your device. However Ford cannot guarantee that FordPass will be safe, secure or free from bugs or viruses or other malicious programs.

Ford will use reasonable skill and care in providing any Services that it provides directly to you.

Ford does not accept liability for any loss or damage which arises from your breach of these terms.

Ford is not liable for any Services provided to you by a third party under a separate agreement.

Except as set out otherwise in these Terms or the terms governing any Service provided directly by us ("Ford Terms"), Ford will only be liable to you to the extent that any loss or damage that you incur results from our failure to comply with our obligations under Ford Terms in relation to use of the App or any Services, and we otherwise exclude all conditions, warranties, representations or other terms, express or implied, which may apply to the use of FordPass and/or the Services.

Ford cannot guarantee that FordPass and/or the Services will be available uninterrupted and in a fully operating condition at all times and will not be responsible for any failure or delay in performing our obligations under the Terms if such failure or delay results from any events, circumstances or causes beyond our reasonable control. In these circumstances we will be entitled to a reasonable extension of time for performing our obligations. Ford also maintains the right to modify the app as it wishes. Except as set out elsewhere in these Terms, we will not be liable to you in the event that any part of the app or any Services provided by us are unavailable or modified in any way.

You agree to use this App and the Services for your personal use and shall not use either the App or the Services for commercial, business or resale purposes. We are not liable to you for any losses you suffer when using FordPass or the Services other than as a consumer.

For the avoidance of doubt, we will only be liable for those losses which are reasonably foreseeable as a consequence of the breach.

Nothing in this agreement shall limit Ford's liability for:

1. death or personal injury resulting from Ford's negligence;

2. fraud or fraudulent misrepresentation; and

3. any other liability that cannot be excluded or limited by applicable laws.

13. Governing law

This agreement is governed by the local law of your country of residence at the time of the conclusion of this agreement.

 

14. Subscriptions

1. GENERAL INFORMATION

Through the Ford Mobility Subscription Platform, you can purchase a subscription to the Live Traffic service (“Subscription”) from Ford Smart Mobility U.K. Limited, Business Unit 2, Broadcast Centre, Here East, Queen Elizabeth Olympic Park, Stratford, London, England, E20 3BS (“FSM”). Your Subscription will continue until it is cancelled by you or us (see Section 3 below).

Please note that the Live Traffic service is operated on FSM’s behalf by HERE Global B.V. whose principal place of business is at Kennedyplein 222-226, 5611 ZT Eindhoven, Netherlands (“HERE”). 

In addition to these Subscription Terms, the following HERE terms shall apply to your use of the Live Traffic service. In the event of any discrepancies, the Subscription Terms shall prevail:  

https://legal.here.com/en-gb/terms
https://legal.here.com/en-gb/privacy

2. ORDER PROCESS AND PAYMENTS

To purchase a Subscription, you must be at least 18 years old.

Your order is an offer to purchase a Subscription from us. When you are placing an order, the following steps have to take place before a contract for the sale of a Subscription ('Contract') is made between us in relation to your order:

(i) Ordering: you place your order by pressing the 'Pay Now' button at the end of the check-out process and submitting your payment details to us.

(ii) Reviewing order: Before placing your order, the check-out process will give you the opportunity to review and, if necessary, to change your selection and/or correct any errors in your order information. Please take the time to read and check your order at each page of the order process.

(iii) Accepting our terms: You will be asked to click to confirm that you accept the Subscription Terms. If you do not wish to be bound by what you read you should not place an order.

(iv) Acknowledgement of your order: Once you have submitted your order details, you will see an on-screen acknowledgement that your order has been placed. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in Section 2.2(v) below).

(v) Our acceptance of your order: We will confirm our acceptance of your order by sending you an email confirmation ('Order Confirmation'). Please note that the Contract between us will only be formed when we send you the Order Confirmation. If we are unable to accept your order, we will inform you as soon as possible.

As part of the check-out process, the monthly subscription fees for the Subscription (“Subscription Fees”) and the monthly billing schedule (“Billing Schedule”) will be displayed. You agree to pay the Subscription Fees to FSM in accordance with the Billing Schedule using the Ford Pay Wallet. As a result, you authorise FSM to charge your selected payment card for the Subscription Fees in accordance with the Billing Schedule. The Subscription Fees and the billing authorisation will continue until your Subscription is cancelled (as set out in Section 3 below). Please also see the Ford Pay Wallet Terms and Privacy Policy below.

3. CANCELLATION

3.1 Cancellation by you – 14 Day Cancellation Period (Consumer Contracts Regulations 2013)

Under the Consumer Contracts Regulations 2013, you have the right to cancel your Subscription within 14 calendar days without giving any reason.  The cancellation period continues for 14 calendar days starting the day after the day on which you receive your Order Confirmation (“Cancellation Period”).

To exercise the right to cancel, you must inform us (Ford Smart Mobility U.K. Limited) of your decision to cancel your Subscription by a clear statement (for example, by an email or a letter sent by post, by phoning us etc), including details of your name, geographical address, details of the order you wish to cancel, your phone number and email address.  You may use the model cancellation form set out in Appendix 1 below but it is not obligatory.  

To inform us of your decision to cancel, we can be contacted by email: FPGBR@ford.com, call +44 1277 25 4745, or post: Ford Mobility Subscriptions, Ford Smart Mobility U.K. Limited, Business Unit 2, Broadcast Centre, Here East, Queen Elizabeth Olympic Park, Stratford, London, England, E20 3BS.

You can also electronically submit a cancellation request through your Ford Account:

         i.            Login to your account at https://www.ford.co.uk/ford-account

       ii.            Select your vehicle from the drop-down menu on the top right-hand side and then select the Subscriptions tile. You should see a list of any active subscriptions based on your VIN (Vehicle Identification Number).

     iii.            Locate the subscription you wish to cancel and click ‘Manage’

     iv.            Select Cancel Subscription on the subscription details page. We will send you an email acknowledgement of your cancellation request without delay.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the Cancellation Period has expired.

If you cancel your Subscription in accordance with this section 3, we will reimburse to you all payments received from you. We will make the reimbursement without undue delay and not later than 14 days after the day on which we are informed about your decision to cancel your Subscription.

We will make your reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.

3.2 Cancellation by you - after the 14 Day Cancellation Period

If the 14 Day Cancellation Period has expired, you can also electronically submit a cancellation request through your Ford Account:

         i.            Login to your account at https://www.ford.co.uk/ford-account

       ii.            Select your vehicle from the drop-down menu on the top right-hand side and then select the Subscriptions tile. You should see a list of any active subscriptions based on your VIN (Vehicle Identification Number).

     iii.            Locate the subscription you wish to cancel and click ‘Manage’

     iv.            Select Cancel Subscription on the subscription details page. We will send you an email acknowledgement of your cancellation request without delay.

We will issue a pro-rata refund of the Subscription Fees paid (based on your use of the Subscription up to the date of cancellation). We will make your reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. We will process refunds as soon as possible and without undue delay.

3.3 Cancellation by us

We may terminate the Subscription, or suspend temporarily part or all of your access to the Subscription at any time (acting reasonably) by written notice (including by e-mail to your current registered email address) for reasons including (but not limited to) the following:

a)       you do not pay the Subscription Fee by the due date in accordance with the Billing Schedule;

b)      you commit a serious or persistent breach of a term which you fail to remedy (if remediable) within 5 days after the service of written notice requiring you to do so;

c)       circumstances arise where (in our reasonable opinion) such action will mitigate an identified risk or prevent the Subscription or the Subscription Platform from being abused, manipulated or otherwise undermined by you; or

d)      where we decide to no longer offer any Services through FordPass.

We will issue a pro-rata refund of the Subscription Fees paid (based on your use of the Subscription up to the date of cancellation). We will make your reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. We will process refunds as soon as possible and without undue delay.

4. TRADEMARK NOTICE

The Ford name, and all trademarks and logos displayed on the Subscriptions Platform and in connection with the Subscription are owned or used under license by us. The unauthorized use of any of these trademarks is prohibited.

5. LIABILITY

FSM will use reasonable skill and care to ensure that the Subscription is safe and secure to use and to prevent it from causing damage to your device or any other digital content stored on your device. However, FSM cannot guarantee that the Subscription will be safe, secure or free from bugs or viruses or other malicious programs.

FSM will use reasonable skill and care in providing the Subscription to you. FSM does not accept liability for any loss or damage which arises from your breach of these Terms.

Except as set out otherwise in these Subscription Terms or any other terms governing the Subscription ("Ford Terms"), FSM will only be liable to you to the extent that any loss or damage that you incur results from our failure to comply with our obligations under Ford Terms in relation to use of the Subscription Platform or the Subscription, and we otherwise exclude all conditions, warranties, representations or other terms, express or implied, which may apply to the use of the Subscription.  

FSM cannot guarantee that the Subscription will be available uninterrupted and in a fully operating condition at all times and will not be responsible for any failure or delay in performing our obligations under these Terms if such failure or delay results from any events, circumstances or causes beyond our reasonable control. In these circumstances we will be entitled to a reasonable extension of time for performing our obligations. FSM also maintains the right to modify the Subscription Platform as it wishes. Except as set out elsewhere in these Terms, we will not be liable to you in the event that any part of the Subscription Platform or the Subscription provided by us are unavailable or modified in any way.

You agree to use the Subscription Platform and the Subscription for your personal use and shall not use either the Subscription Platform or the Subscription for commercial, business or resale purposes. We are not liable to you for any losses you suffer when using the Subscription Platform or the Subscription other than as a consumer.

For the avoidance of doubt, we will only be liable for those losses which are reasonably foreseeable as a consequence of the breach.

Nothing in this Agreement shall limit FSM’s liability for:

(a) death or personal injury resulting from FSM’s negligence;

(b) fraud or fraudulent misrepresentation; and

(c) any other liability that cannot be excluded or limited by applicable laws.

6. CONTACT US

If you would like to bring a matter to our attention, please contact us as soon as possible:

E-mail: FPGBR@ford.com

Telephone: +44 1277 25 4745

Contact Address: Business Unit 2, Broadcast Centre, Here East, Queen Elizabeth Olympic Park, Stratford, London, England, E20 3BS

7. GOVERNING LAW

These Subscription Terms are governed by the local law of your country of residence at the time of the conclusion of these Subscription Terms.

8. PRIVACY POLICY

Please see the Ford Mobility Customer Privacy Policy: https://www.fordpass.com/content/ford_com/fp_app/en_gb/privacy.html

 

APPENDIX 1

Model Cancellation Form

(Complete and return this form only if you wish to cancel your Subscription. Please refer to Section 3 above which provides more information on whether this cancellation right applies to you.)

To: Ford Mobility Subscriptions, Ford Smart Mobility U.K. Limited, Business Unit 2, Broadcast Centre, Here East, Queen Elizabeth Olympic Park, Stratford, London, England, E20 3BS

I hereby give notice that I cancel my contract for the following Subscription.

Order Number: [insert order number]

Ordered on: [insert date on which you purchased the subscription]

Name of Customer: [insert name]

Address of Customer: [insert address]

Phone number of Customer: [insert phone number]

Email address of Customer: [insert email address]

Signature of Customer (only if this form is notified on paper):

______________________

Date:

______________________

 

 

15. Ford Pay

For the purpose of these “Payment Terms and Conditions”, “We” refers to FCE Bank Plc.

These Payment Terms and Conditions apply to the payment features of the Ford mobile applications (app) and websites, including the FordPay function in the FordPass app (“FordPay), which allow you to make purchases and pay for goods or services through your stored Cards (as defined below).  We refer to these features generally as the “Payment” features.  The Payment features are maintained and operated by Ford or their third-party payment service providers.

By using the FordPay services you:

·         agree to be bound by these Payment Terms and Conditions;

·         represent that you are 18 years of age or older and capable of entering into a legally binding agreement; and

·         authorise Ford to verify the validity of your Card and to process and transmit your Card information and your Security Details (as defined below) to facilitate transactions as described below.

·         indemnify Ford against any liability that may result for it from the use of the payment service by a person who does not have these required capabilities/authorizations.

We may modify these Payment Terms and Conditions at any time. We will alert you through the apps or via email of any material changes to the Payment Terms and Conditions. Modifications will be effective immediately upon being posted on the app or on a future date as we may specify, and your continued use indicates your acceptance of the modified Payment Terms and Conditions. If you do not agree to the Payment Terms and Conditions or any modifications to the Payment Terms and Conditions or features, you will need to stop using the Payment features.

We reserve the right to update, modify or discontinue any part of the Payment features at any time without any notice or obligation to you. Payment features may not be available during maintenance breaks and other times.

Account Registration

To use the Payment features, you must register a valid credit card or debit card that we accept (“Card”). Our registration process asks you for your name, address, credit card or debit card number(s) and associated information necessary to validate and process payments with the Card (and which may include Security Details – see below). All information provided during registration must be current, accurate and complete.

You authorise Ford to confirm that your Card is valid, including by submitting a payment authorisation request or a low pound authorisation credit and/or debit, in accordance with the relevant rules of that Card, such as the network rules of your debit/ credit card network (e.g. Visa, MasterCard or American Express). If we submit a low pound authorisation for your Card, your Card is not actually being charged, and any temporary charge shown on your account will disappear in a few days.

Security Details and Verifying Your Identity

You may be required to verify that you are the authorised controller of your Card in order to complete Transactions. So you may need to set up security passcodes, passwords, security questions and similar information (including fingerprint, face recognition or other biometric information). In these Payment Terms and Conditions we call these your “Security Details”. As long as our systems have checked your identity by verifying the Security Details we will assume that we are dealing with you and that you have agreed to us disclosing information to you and acting on any instruction without getting further confirmation from you.

You agree:

·         not to give your Security Details to anybody;

·         not to write down your Security Details in a way that they could be understood by anyone else;

·         to make sure no-one else sees you enter your Security Details when you’re using a Payment feature.

You must tell us as soon as you can if:

·         someone else knows your Security Details (or you think they may do);

·         you see any mistakes or unauthorised payments in relation to the Payment features; or

·         you think someone else has or has tried to use the Payment features.

We may ask you to change your Security Details for operational or security reasons.

 

How Payments Work / Our Role

The Payment features let you make payments using your stored Card for goods and services offered by selected Ford group companies/affiliates or third-party merchants, including Ford dealers (“Merchants”).  The Payment features use services and technology provided by third-party payment service providers, which are subject to change at any time.

You acknowledge and agree that when you make a purchase using the Payment features (“Transactions”), the Transaction is solely between you and the Merchant, which may or may not be Ford as specified for each Transaction. You authorise our payment service providers to collect, analyse and relay information generated in connection with Transactions.  Transactions are subject to the terms and conditions governing your Card and to any agreements between you and your financial institution.

Recurring Payments

If a Merchant offers you the ability to use the Payment features to make recurring payments on a monthly or other periodic basis (such as a subscription for a live traffic service) (“Recurring Payments”), you may do so by following the prompts and providing the requested information. You authorise the Merchant to charge your selected Card on the specified schedule. Unless otherwise stated, your Recurring Payments and the relevant billing authorisation will continue indefinitely until you cancel.

Transaction Confirmation

When you make a payment using the Payment features, we will update your activity in FordPass and provide you with a Transaction confirmation via email.

Refunds

In certain instances you may be entitled to a refund or a cancellation in respect of a Transaction. Any request for a refund and/or a cancellation of a Transaction will be subject to the relevant Merchant’s policies, your agreement with your financial institution and/or your rights under applicable law. We will normally advise you at the time of purchase if you can withdraw from a Transaction after making it, and the process for doing so.  If you think that you are entitled to a refund in relation to a Transaction please contact the appropriate Merchant.

Customer Service

We provide customer service for issues relating to how the Payment features work: you can contact the Ford Guide team in the following ways:

Telephone/E-mail

FPGBR@ford.com

+44 127 7254745

For other issues – like pricing of goods and services, order fulfilment and cancellation, returns and refunds, product functionality or technical support, contact the appropriate Merchant. For issues related to your Card, contact your financial institution.

Periods of Inactivity

If our records indicate that you have not used the Payment features for at least six (6) months (or another period that we may specify), we may disable your access to the Payment features.

Suspension or Termination

We may suspend or terminate your access to the Payment features at any time upon notice to you. Without limiting the foregoing, we may also suspend your access to any Payment features if (a) you have violated these Payment Terms and Conditions, (b) you pose an unacceptable fraud risk to us, (c) you provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or (d) we notice suspicious activity.

Effect of Termination

If your Payment account is terminated for any reason, you agree (a) to continue to be bound by the Payment Terms and Conditions and remain responsible for any Transactions you have processed through the Payment features, (b) to immediately stop using the Payment features, and (c) that we reserve the right in accordance with applicable law, to delete all of your information and account data stored on our servers.

Price conditions

The FordPay function is provided free of charge to the users.

Availability and Liability

You can usually use the Payment features at any time but sometimes repairs, updates and maintenance on our systems and those of our suppliers may mean that some of the features may be slower than normal or temporarily unavailable. We won’t always be able to let you know when a Payment feature won’t be available and we won’t be responsible for any losses you suffer as a result of such unavailability or where the Payment features are not working properly for other reasons outside of our control. This includes where there is a failure to complete Transactions in accordance with your instructions. Nothing in these Payment Terms and Conditions shall (a) exclude or limit Ford’s liability for gross negligence, wilful misconduct or other cases in relation to which liability cannot be excluded or limited under the applicable law, or (b) prejudice consumer rights granted by the applicable law.

Governing law

This agreement is governed by the local law of your country of residence at the time of the conclusion of this agreement.

Money laundering and terrorist financing

We may gather and verify information in relation to your identity before providing services to you. We may ask you, at any time, to supply additional information to help us to do this, and you should supply such information promptly. We will comply with all of our reporting and notification obligations under applicable anti-money laundering and financial crime rules, and we may, at any time and without notice/explanation, suspend or terminate the services we provide to you if we have a concern about money laundering and/or financial crime risks.

Contact Us

If you have any questions, comments, or claims regarding the Payment features, you may contact us in the following ways:

Telephone/E-mail

FPGBR@ford.com

+44 127 7254745

 

FordPay Privacy Policy

Who we are
When we say "we" or "our" we mean FCE Bank plc ("Ford Credit" and “FordPay”), who is the 'data controller' for the information in this notice. This means we're responsible for deciding how we can use your information.
If you wish to contact us please write to us at FCE Bank Plc: Arterial Road, Laindon, Essex, SS15 6EE or call us on +44 127 7254745. Our data protection officer can be contacted by emailing dpeurope@ford.com

The information we collect

We collect information from you directly when you register to use the FordPay and Wallet services including name, contact information, address details, payment card information, marketing preferences, shopping preferences e.g. favourites from shopping lists, delivery method information and browser information.

How we use your Personal Information

We use the Information you provide to us when you register to:

  • Manage your account and enable you to process your orders;
  • Process payment for your orders;
  • Provide you with updates relating to your order status;
  • Assist you with any queries through our contact centre;
  • Monitor for fraudulent or suspicious activity on your account to keep your account safe.

Why are we allowed to use your Personal Information?

Our legal bases are for processing your Personal Information are:

  • ‘for the performance of a contract’ in relation to account management, processing and providing orders and payment processing;
  • ‘for compliance with a legal obligation’ for fraud prevention; and
  • ‘legitimate interests’ relating to our customer services

Who we share your information with
We may share your information across other business lines of our business (e.g. Ford Motor Company), to our suppliers or to the court where required to by law, or to any central or local government, statutory or public body.

We may also share your information with third parties that are involved in the processing of payments for your orders.

Transferring your information overseas
Your Information will be processed safely inside and outside the European Economic Area (EEA). Ford Credit may transfer your personal data, and information collected about others as part of your application, to group companies and service providers located outside of the European Economic Area (EEA). Should we need to transfer personal data outside of the UK or EEA such personal data will be covered by binding corporate rules or contractual arrangements to ensure it is processed appropriately.

How long will we store your data for?
Personal data that we process, for any purpose or purposes, shall not be kept for longer than is necessary. Ford Credit bases its record retention on any legal, regulatory or contractual obligations.

Your rights
You have a number of rights relating to your information e.g. to see what we hold, to ask us to share it with another party, ask us to update incorrect or incomplete details, to object to or restrict processing of it.

If you wish to exercise your data protection rights or to raise a complaint with regards to how we have handled your personal data, please contact us using the contact details above.

You also have a right to complain to the Information Commissioner's Office which regulates the processing of personal data in England and Wales.

16. Contact Us

If you have any questions, comments, or claims regarding FordPass you may contact us by finding your local contact information by going to this website http://corporate.ford.com/our-company/country-websites, or you can use the contact details below for any questions, comments, or claims regarding FordPass.

Telephone/E-mail

FPGBR@ford.com
+44 1277 25 4745

Contact Address

Ford Motor Company Limited,
Eagle Way, Brentwood,
Essex CM13 3BW;
Company No. 00235446