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Ford Motor Company
Welcome to FordPass, a smarter way to move!
Table of contents:
10. Data collection
12. Integration with other Ford services / third party services
13. Limited Licenses
14. Trademark Notice
16. Limitation of the Liability
17. iOS AppStore
19. Governing Law
20. Contact Us
1.1 This document constituting is an electronic record in terms of Information Technology Act, 2000 and the rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.4 You acknowledge that Ford is providing you with a revocable license to use limited features of the FordPass and is not selling the FordPass or any features or technologies contained therein.
3.1 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. You are responsible for obtaining any internet access and mobile network data required for your use of the Services, and for any associated charges from your network operator. Contact your network operator for more information regarding usage rates and fees (including data charges). For the avoidance of doubt, please note that we do not operate a mobile network or provide any telecommunications services or other such services.
3.2 To access certain FordPass Services your vehicle may need to be equipped with a compatible SYNC®in-vehicle system (SYNC 3 or later) that you connect to your FordPass App via AppLink™, or an embedded modem device (“Software”). You must not connect a vehicle to your FordPass account unless you are an authorized owner, driver or servicer of the vehicle.
3.3 If your vehicle is equipped with Software and you choose to connect your vehicle to your FordPass App, you agree that we or our affiliates or service providers may remotely check and automatically update your Software according to the vehicle's software End User License Agreement (“EULA”) provided in your vehicle’s Owner Guide or otherwise provided by us.
3.4 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.
3.5 Not all features or Services may be available at all times 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.
3.6 You are responsible for keeping your FordPass account information and password secret. You are responsible for any unauthorised activity that occurs in your account if you have negligently or intentionally caused the unauthorised activity. You agree to notify us immediately of any unauthorised use of your account or password.
3.7 Uninstallation methods vary depending on your device. To uninstall FordPass, you must use the application management tools provided with your mobile device. Consult your device manual for assistance.
3.8 If your vehicle has an embedded modem device 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.
4.1 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 may be made available in the near future:
i) Ford Pass allows you to connect with your Ford dealer, schedule services, locate Ford dealers and get directions to your Ford dealer. By using the locator services you will be subject to the terms provided by the third-party location or mapping service provider.
ii) All service appointments and vehicle services are the responsibility of you and your Ford dealer. Ford dealers are separate legal entities and Ford has principal to principal relationship with Ford dealers
i) 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 authorised owner, driver or servicer of the vehicle in order to link your FordPass account to the VIN. You may remove your VIN from FordPass at any time; however any removal of the VIN may affect certain FordPass features.
iii) 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.
iv) Please be aware that it is the driver's responsibility to ensure that your vehicle is in proper working condition.
5.1 FordGuides feature allows you to connect with a Guide via phone, live chat (where available) and email if you need any support on using the various FordPass Services. Please note that FordPass assumes no liability for the call quality or internet connection provided by your device's network operator. Please note that the contact to FordGuides may incur third-party fees (e.g. voice call and data fees) charged by your device's network operator in accordance with your agreement with the network operator. Using FordPass or FordGuides service from overseas may result in additional roaming charges.
5.2 FordPass will allow you to provide contact information for a FordGuide to contact you via phone or email. By signing up and agreeing to the Terms and Conditions for FordPass, a FordGuide may ask you to verify your phone number or email address. If you provide your personal contact information, you are expressly consenting to a FordGuide contacting you.
6.1 In the case of vehicle breakdown, you can make a voice call (third-party fees may apply) to a roadside assistance service centre via the “Roadside Assistance” function. Roadside assistance services will be provided by the third party service provider. Please note that your use of roadside assistance services through this function may be subject to a fee and/or costs charged by the roadside assistance provider. These fees/costs will be charged directly to you by the roadside assistance provider. If you are purchased Roadside Assistance Services through Ford, the costs of roadside assistance services accessed through this function may be included in the contract purchased by you. The full terms and conditions of the Roadside Assistance membership through Ford is available here. You are responsible for any communication costs charged by a third party (including mobile telephone/device fees and internet access fees).
6.2 This function is only possible if you have given your consent when requested within FordPass to transmit your current location. The roadside assistance service centre will use this information to verify your location. Ford does not receive or process this data. An internet connection (from your mobile device or vehicle, if applicable) is required to use the App with the location transmission function; any costs incurred shall be borne by you.
6.3 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 (i.e. flat, floor, etc.).
7.1 Unless otherwise specified in this document or agreed pursuant to a separate written agreement between you and us, we will not be obliged to support FordPass, whether by providing advice, training, error-correction, modifications, updates (including updates), new releases or enhancements or otherwise, or to provide any hosting, telecommunication, internet or other services in relation to your use of FordPass.
7.2 You acknowledge and agree that we:
a) are under no obligation to provide any updates to FordPass;
b) can, at our discretion, offer optional paid updates; and
1. use updates to add, remove, modify or otherwise alter features of FordPass at our discretion;
2. require you to install updates to FordPass in order to continue using the Services; and
3. provide updates in such a manner that FordPass is unable to be reverted to previous versions.
8.1 This FordPass 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 by 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.
8.2 We may terminate this FordPass Agreement, or suspend temporarily part of all of your access to certain features of FordPass 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 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;
b) circumstances arise where (in our reasonable opinion) such action will mitigate an identified risk or prevent FordPass from being used for unlawful purposes or otherwise abused, manipulated or otherwise undermined by you or through your FordPass account; or
c) where we decide to no longer offer some or all of the Services through Ford Pass.
Without limiting the above, we may suspend your access to FordPass or your FordPass account on an emergency basis without notice to you if we reasonably believe that there is a risk of fraud or security breach, and if we reasonably believe that suspension of your access is reasonably necessary to investigate and address this risk.
8.3 Upon termination of this FordPass Agreement, we shall close your FordPass account.
9.1 WARNING: Driving while distracted can result in loss of vehicle control, crash and injury. Do not access or use FordPass on a hand-held device while driving. Please note that the use of a hand-held device while driving is prohibited under road traffic laws and regulations. FordPass may send messages or push notifications to your hand-held device. Do not read messages on hand-held devices while driving. Make sure you comply with all applicable laws and regulations that relate to the use of electronic devices while driving.
10. Data collection and tracking
10.2 By installing the FordPass application on your mobile device and setting up a FordPass account, you expressly consent to the collection and use of the following types of information:
iv) In order to provide the Services and FordPass functionality, we may disclose your personal information to our related companies and to service providers (some of whom are located outside India).
11. Communications and Advertisements
11.1 If you choose to communicate with us, you expressly consent to our representatives contacting you in the manner you request. If we are unable to reach you using your preferred communication method, we may attempt to contact you using other contact details that you have provided us.
11.3 FordPass may feature advertisements from us and/or third parties, and we may (at our sole discretion) introduce advertising into FordPass (including in relation to components of FordPass that do not presently contain advertising). We are not responsible for the content of any third party advertisements, nor the content of any webFordPass or other materials that may be linked to by third party advertisements, and you use such third party website and materials at your sole risk.
12. Integration with other Ford services / third party services
12.2 FordPass may use data from third party sources, such as maps and directions, to provide you with services (such as location based services). This data and other information may not always be accurate. We are not responsible for any data provided by third parties or your reliance upon the same.
12.3 Terms applicable to location based services to which you will be bound by using FordPass include:
12.4 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.
13.1 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, and other proprietary rights, whether or not a copyright notice or other proprietary mark is present. You agree to comply with all laws (including intellectual property laws) in your use of FordPass, including all laws that prevent unauthorised copying. Except as expressly provided herein, we do not grant you any express or implied proprietary rights or licence to FordPass.
13.3 Any right or authorisation granted to you by us is also subject to the following restrictions, which apply to the fullest extent permitted by law:
a) you must 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 website, 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;
b) you must 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;
c) you must not use FordPass with other content or in a manner that impersonates any person, business or entity, including us; and
d) you must not interfere, try to interfere, disrupt, or try to disrupt our servers or networks, or disobey any of our network access or security requirements.
14.1 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. Third party trademarks and logos are the property of those third parties, and may not be used by you without the authorization of those third parties.
15.2 You acknowledge and agree that your app store provider has no liability, responsibility or obligation to you, including with respect to the investigation, defense, settlement or discharge of a third party’s intellectual property infringement claim.
16. Limitation of the Liability
16.1 1. To the fullest extent permitted by applicable law:
i) We disclaim all warranties, express or implied, in connection with FordPass and your use thereof, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
ii) WE, OUR INFORMATION PROVIDERS AND THEIR AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
(a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP INCLUDING DUE TO THE USE OF A VEHICLE AND ANY ACCIDENT OR BREAKDOWN OF THE VEHICLE;
(c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
(d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO/FROM THE FORDPASS;
(e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO/THROUGH FORDPASS BY ANY THIRD PARTY; AND/OR
(f) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND, INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH FORDAPP.
iii) WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH FORDPASS OR ANY HYPERLINKED WEBSITE OR APP, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NEITHER WE, NOR OUR INFORMATION PROVIDERS OR THEIR AGENTS ARE PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELLING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.
iv) IN NO EVENT SHALL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, GOODWILL, DATA, OR USE OF MONEY, WHETHER IN TORT (INCLUDING AND WITHOUT LIMITATION, NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO ANY ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE APP OR ANY OF ITS FEATURES, FUNCTIONALITIES, CAPABILITIES OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This section does not affect, and is not intended to affect, any rights that a consumer has that are not able to be excluded under applicable consumer laws.
2. Without prejudice to the forgoing paragraph, We do not warrant that:
i) FordPass will be constantly available, or be available at all;
ii) the information on this FordPass is complete, true, accurate or non-misleading; or
iii) this FordPass, information, FordPass content, materials, product (including software) or services included on or otherwise made available to you through FordPass, their servers or electronic communication sent from us are free of viruses or other harmful components.
16.2 We do not authorize anyone to make a warranty on our behalf and you may not rely on any statement of warranty as a warranty by us.
16.3 You must take all reasonable steps to protect the security of your mobile device and vehicle and to ensure that your use of FordPass does not expose you, your mobile device or your vehicle to the risk of viruses, malicious computer code or other forms of interference which may damage your mobile device (and, if applicable, your vehicle). If you suspect that there has been unauthorised access to your FordPass account or there is any other security breach or issue relating to FordPass, you must notify Ford immediately (see Section 17for contact details) and change your account password.
16.4 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.
16.6 You agree to use FordPass and the Services for your personal use and shall not use either FordPass 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 for personal use.
17.1 If you obtained/download FordPass from the Apple iOS App Store, you and Ford acknowledge and agree that (to the full extent permitted by applicable law):
a) this agreement is concluded between you and Ford only, and not with Apple;
b) Ford, not Apple, is solely responsible for FordPass and the content thereof;
c) without limiting Section 16, your licence to use FordPass is limited to use on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that FordPass may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing;
d) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to FordPass, either under this agreement or applicable law;
e) in the event of any failure of FordPass to conform to any applicable warranty:
1. you may notify Apple, and Apple will refund you the purchase price for FordPass; and
2. to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to FordPass, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Ford's sole responsibility (subject to limitations of liability in Section 13).
f) Ford, not Apple, is responsible for addressing any claims of you or any third party relating to FordPass or your possession and/or use of FordPass, including but not limited to:
1. product liability claims;
2. any claim that the FordPass software fails to conform to any applicable legal or regulatory requirement; or
3. claims arising under consumer protection, privacy or similar legislation. Nothing in this agreement has the effect of limiting our liability to you beyond what is permitted by applicable law;
g) in the event of any third party claim that FordPass or your possession and/or use of FordPass infringes that third party's intellectual property rights, Ford, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim (subject to limitations of liability in Section 13);
h) you represent and warrant that:
1. you are not located in a country that is subject to a U.S. Government or Indian Government embargo, or that has been designated by the U.S. Government or Indian Government as a “terrorist supporting” country; and
2. you are not listed on any U.S. Government or Indian Government list of prohibited or restricted parties;
i) you will comply with any applicable third party terms of agreement when using FordPass;
j) Apple, and Apple's subsidiaries, are third party beneficiaries of this agreement; and
k) upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this document against you as a third party beneficiary thereof.
18.1 If a provision in this agreement is wholly or partly void, illegal or unenforceable in any relevant jurisdiction, that provision or part must, to that extent, be treated as deleted from this agreement for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision or any other provision of this agreement.
19.1 The laws of India will from time to time govern these Terms and you agree to the non-exclusive jurisdiction of the Chennai, Tamilnadu, and of courts entitled to hear appeals from those courts.
20.1 If you have any questions, comments, complaints or claims regarding FordPass you may contact us via the following:
Ford Motor Company
Customer Relationship Center
P.O. Box 6248
Dearborn, MI 48126