Version date: January 2021
A few important points:
TABLE OF CONTENTS:
1. FORDPASS TERMS
1.1.1. FordPass Agreement;
1.2.1. Connected Services;
1.2.2. Dealer Services;
1.2.3. Vehicle Details;
1.2.4. Parking and Fuel;
1.2.5. Ford Guides;
1.2.6. Roadside Assistance.
1.4. Vehicle Safety.
1.6. Limited Licences.
1.7. Trademark Notice.
1.9. Apple iOS App Store.
1.11. Governing Law.
1.12. Contact Us.
1. FORDPASS TERMS
Welcome to FordPass.
FordPass is an app that you can download onto your mobile device. It can be used in conjunction with a Connected Vehicle or not.
FordPass Connect is a cellular modem containing a SIM card which enables a Ford vehicle to connect to the internet, much like a mobile device with a SIM card. The cellular modem is embedded in the vehicle and just like other parts of a vehicle, is fitted at the factory.
If you have a FordPass Connect modem in your vehicle, you have a Connected Vehicle. To make use of it, you need to download the FordPass App, create an account and, similar to the concept of Bluetooth pairing, link the two together to create an ‘activated’ vehicle. Once activated, in addition to the standard services offered in FordPass, a range of Connected Services are available to you.
The FordPass App can also be connected to a vehicle that does not have a modem but does have a compatible SYNC in-vehicle system (SYNC 3 or later) via AppLink™ (SYNC via Applink).
Lastly, the FordPass App can be used as a standalone app, where you may see some information about a given vehicle.
Regardless of the level of connectivity, a range of services are available in the FordPass App, such as warranty information, access to Owner Manual and vehicle service history (where available) and notifications for field service actions and recalls.
These Terms govern access to and use of the FordPass App between the individual user of FordPass (you) and Ford Motor Company of New Zealand Limited, 86 Highbrook Drive, Manukau City, Auckland.(Ford, we, us).
Ford enables access to vehicle related information and services through FordPass (Services). The Services that may be available to you are described below. To use FordPass Services you are required to register and accept these Terms. 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 address. You can also choose to receive marketing communications from us.
These Terms will take effect and will form a binding agreement between you and us, as soon as you receive a confirmation by email or when you use FordPass for the first time. 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 in a way that requires a change to these Terms or if we introduce new Services and a change to the Terms is required). If we amend the Terms to increase the scope of our available Services or introduce new Services, we will alert you through FordPass to these Terms, and allow you an opportunity to accept the modified Terms. Where any new terms reduce Services or restrict or limit your existing rights under this agreement, we will provide you with reasonable advanced notice before the amended terms take effect and we will notify you of the amended terms by email to your current registered email address. If you do not wish to accept the amended Terms, you may uninstall the FordPass App and stop using it.
Use of FordPass requires a compatible mobile device, internet access, and software, and may require obtaining FordPass App updates from time to time (which may add, remove or modify services). Once updated, you acknowledge that FordPass App is unable to be reverted to previous versions. You are responsible for internet access, mobile network data and voice call services required for your use of the FordPass App on your mobile device, including fees. You agree that we are under no obligation to provide any updates to FordPass and can, at our discretion, offer optional paid services or updates in the future.
The FordPass App can only work when connected to the telecommunications network. It may be unavailable or particular services interrupted from time to time for a variety of reasons, for example due to poor signal strength or FordPass App infrastructure changes.
Certain FordPass features may require your vehicle to have a compatible SYNC in-vehicle system or FordPass Connect modem (Software). If your vehicle is equipped with Software, you agree that Ford, our affiliates, service providers and/or designated agents of Ford may remotely check and deliver Software updates, upgrades, supplements, or changes to the Software without any further notice or additional consent from you.
You are responsible for keeping your FordPass account information and password secret. You are responsible for any activity that occurs in your account, including unauthorised activity. You agree to notify us immediately of any unauthorised use of your account or password.
If you no longer choose to use FordPass, you can uninstall the FordPass App from your mobile device. If you uninstall the FordPass App, this will not delete your account information. If you wish to delete your account please contact our Guides (GuidesNZ@ford.com) and provide them with the email address you used to set up your account.
If your vehicle has a FordPass Connect modem your vehicle will continue transmitting data to Ford even if you uninstall the FordPass App. You can turn off ‘Vehicle Connectivity’ via the vehicle settings menu and therefore, the sending of data from your vehicle’s modem will cease. In the settings menu:
We may expand the scope of the available Services and/or add new Services to FordPass in the future. Below you can find a description of the services which are currently available in FordPass across the following three categories of use and the terms you should be familiar with when using those services:
In addition to FordPass Services, if you link your FordPass App to a Connected Vehicle, Connected Services you can access may include:
The FordPass Connect modem fitted to your vehicle, will only work with the 3G/4G telecommunications networks. When these networks are no longer available, the FordPass Connect modem will stop functioning and the Connected Services and all data transmission via the FordPass Connect modem will cease.
You can choose to share access to your Connected Vehicle to other users by authorising them to connect to your vehicle in their own FordPass App account. If you are driving a vehicle with more than one FordPass App account connected to it, depending on the connectivity settings selected in the vehicle, the user(s) of each account will have access to the information and services outlined above.
Ford Pass allows you to connect with Ford dealers, including information about their locations and the services they offer. Where you connect with your dealer via FordPass for servicing needs, all appointments and vehicle services are the responsibility of you and your Ford dealer. Ford dealers are separate legal entities independent from us, and we are not responsible or liable for dealers’ activities, including any services you receive from your dealer or the content of dealer websites.
The Vehicle Details feature may allow you to access certain information related to your vehicle via FordPass. In order to register your car with the Vehicle Details feature, you will need to enter your Vehicle Identification Number (VIN). 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 your ability to access certain FordPass Services.
The Vehicle Details feature may allow you to view certain notifications on FordPass regarding Vehicle Status and Health Alerts when your FordPass account is connected to a vehicle through SYNC via Applink or through the FordPass Connect modem in your vehicle. These alerts may include fuel level, odometer and diagnostic information. Please note that the information provided in Vehicle Details is for convenience purposes only. 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.
The Parking and Fuel features assist you to locate available parking and petrol stations by displaying parking lots and petrol stations with the help of third-party service providers. We do not verify nor give any assurances about the accuracy, pricing, quality, suitability, safety or security of any parking opportunity or petrol station displayed. By using the Parking and/or Fuel services you will be subject to the terms provided by these third-party service providers (refer to Section 1.5 of these Terms for further details).
The Ford Guides feature allows you to connect with a Guide via phone or email (GuidesNZ@ford.com) if you need any support on using the various FordPass Services. A Ford Guide may ask you to verify your FordPass account by requesting your phone number or email address. If you provide your personal contact information, you are expressly consenting to a Ford Guide contacting you in order to assist you with your query.
You can make a voice call to a roadside assistance service centre via the ‘Roadside Assistance’ function.
Roadside assistance services will be provided by The New Zealand Automobile Association. 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 a Roadside Assistance member through Ford, the costs of roadside assistance services accessed through this function may be included in your membership. The full terms and conditions of 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).
This agreement will continue until it is terminated by you or us. You may terminate this agreement at any time for any reason by uninstalling the FordPass App.
We may terminate this agreement, or suspend temporarily part or all of your access to the FordPass App features at any time (acting reasonably) by written notice (including by email to your current registered email address) for reasons including (but not limited to) the following:
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.
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.
FordPass may use data from third party sources, such as maps and directions, to provide you with 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.
Terms applicable to Live Traffic and location based services to which you will be bound by using FordPass include:
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.
FordPass (including all software, content and data) is owned by us or used under licence. 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.
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 authorisation granted to you by us is also subject to the following restrictions, which apply to the fullest extent permitted by law:
The Ford name, and all trademarks and logos displayed on FordPass are owned or used under licence by us. The unauthorised use of any trademark displayed on FordPass is prohibited.
To the extent permitted by New Zealand law, including under the Consumer Guarantees Act 1993, we exclude all liability for any death or injury of any person or any loss, damage or destruction of any property, whether the loss, damage or destruction is direct, indirect or consequential loss arising from, or in connection with, in any way, directly or indirectly, the services provided through FordPass, other than to the extent directly caused or contributed to by Ford.
Nothing in these Terms excludes, restricts or modifies or purports to exclude, restrict or modify any statutory consumer rights under any applicable New Zealand law, including the Consumer Guarantees Act 1993 and Fair Trading Act 1986 which cannot be excluded, restricted or modified.
To the full extent permitted by law, our liability for breach of any term, condition, guarantee or warranty that is implied by law and cannot lawfully be excluded by us (which does not affect any rights arising under the Consumer Guarantees Act 1993 and Fair Trading Act 1986) is limited to (at our option):
Without limiting or affecting any other provision of this document, to the full extent permitted by applicable law (and not affecting any rights arising under the Consumer Guarantees Act 1993 and Fair Trading Act 1986), our maximum aggregate liability to you for any loss, damage, liability or expense you incur or claims you make against us under or in connection with this agreement (however arising, including in negligence) is limited to the higher of the amount of fees you have paid to Ford to purchase the FordPass App (if any) or the sum of NZD$100.
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.
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 and change your account password.
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.
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 and only to the extent permitted by applicable law, 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 the 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 for personal use.
If you obtained the FordPass application 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 the FordPass application and the content thereof;
c) without limiting Section 1.6, 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 1.8).
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 1.8);
h) you represent and warrant that:
(1) you are not located in a country that is subject to a U.S. Government or New Zealand Government embargo, or that has been designated by the U.S. Government or New Zealand Government as a “terrorist supporting” country; and
(2) you are not listed on any U.S. Government or New Zealand 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
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.
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.
The laws of New Zealand from time to time govern these Terms and you agree to the non-exclusive jurisdiction of the courts of New Zealand, and of courts entitled to hear appeals from those courts.
If you have any questions, comments, complaints or claims regarding FordPass you may contact us via the following:
Ford Guides: GuidesNZ@ford.com
Ford Customer Relationship Centre: firstname.lastname@example.org
Ford Guides:0800 FRDPAS (0800 373727)
Ford Customer Relationship Centre: 0800 FORD NZ (0800 367369)
Monday - Friday 8am to 6pm
Ford Motor Company of New Zealand Limited
86 Highbrook Drive,
Private Bag 76-912,
We commit to managing your personal information fairly and in accordance with our privacy policies and the Privacy Principles contained in the Privacy Act 1993 and 2020 (Privacy Act). You can find out about our privacy practices more generally at https://www.ford.co.nz/privacy-disclaimer/.
We collect the following types of information through your use of FordPass or third-party services that integrate with FordPass, which we also may combine with other information we hold about you:
In addition to the types of personal information identified above, Ford may collect personal information as otherwise permitted or required by law.
We may use or disclose your personal information:
In general, we collect, use and disclose your personal information so that we can do business with you and for purposes connected with our business operations. We use the personal information we collect about you through the FordPass App and from the vehicle(s) that you connect to it to provide you with the Services, including those described above.
Some of the specific purposes for which we collect, use and disclose personal information are:
to provide you with App functionality and services;
to allow you to control certain vehicle features and to provide you with Connected Services;
We may also use and disclose your personal information for the purpose of direct marketing to you where you have consented to us doing so, or it is otherwise permitted by law. Direct marketing involves communicating directly with you for the purpose of promoting goods or services to you. Direct marketing can be delivered by a range of methods including mail, telephone, email, SMS or in-App push notifications. You can update your FordPass marketing contact preferences at any time via the 'Marketing Options' section of the App.
We also like to make sure the communications we send you and our interactions with you are as relevant to you as possible. As a result, from time to time, we may use information about you collected from public sources (eg online resources) and from third parties (such as our service providers, like web hosting providers, analytics providers, or advertising services) to help us determine what Ford products and services you might be interested in. For example, analytics providers and advertising services may analyse the information they collect from online and other sources to provide us with information about your demographics and interests – such as inferences about your age range and the types of products or services that may interest you. We may then send you information about those products and services in accordance with your contact preferences. Our customer relationship centre may also use the information we hold about you if you contact them with a question or query.
We may use and share non-personal, anonymous, de-identified and/or aggregated information for any purpose.
Generally, you have no obligation to provide any personal information requested by us. However, if you choose to withhold requested personal information, we may not be able to provide you with the products and services that depend on the collection of that information.
To create a FordPass account, you will need to provide your email address, first name and last name. If you do not provide this information, you will not be able to create a FordPass account and will not be able to access or use FordPass.
Certain features of FordPass require us to know your location or collect additional types of data (including personal information), as described in this policy. If we do not collect this additional data, we are unable to provide these Services to you. If you choose to use these Services you agree that we may collect and use this data as described in this policy and the notices provided to you within the FordPass App.
This may include disclosing your personal information to:
When we share your personal information with third parties, we will do so only in the circumstances outlined above, or in a manner otherwise consistent with the Privacy Principles under the Privacy Act.
Your personal information will not be sold by Ford to any other organisation for that organisation's unrelated independent use. If you have opted in to receive marketing materials from Ford, we may share anonymised “hashed” data with social media advertising partners, such as Facebook, so that they can create Custom Audiences and deliver advertisements on our behalf to their members. Members are identifiable when the social media partner matches our anonymised data to its anonymised data of its users.
The parties to whom we disclose personal information include parties located outside New Zealand. For example, we disclose personal information to our related companies overseas and to our overseas service providers. The countries in which these third parties are located will depend on the circumstances. Personal information may be disclosed to Ford Motor Company (our parent company) in the United States of America. When this occurs, the data is stored in Ford’s data processing and storage locations including Ford servers and third-party cloud infrastructure, all located in the USA. In the ordinary course of business, we commonly disclose personal information to companies in the Ford Motor Company Group located in the USA and in India where our Ford group data and business centres are located, and to our overseas service providers located in the USA.
Except where an exception applies under the Privacy Act, we will only disclose personal information outside of New Zealand where we have reasonable grounds to believe that the recipients of personal information provide comparable safeguards to those in the Privacy Act in relation to such information.
Certain types of data that are collected and generated through your use of the App are stored internally on your mobile device, while other types of data are stored externally on Ford's data processing infrastructure (which is used by Ford to provide certain features of the App).
Examples of data stored internally on your mobile device include: your country selection, your personal identification number (“PIN”) and any photograph uploaded by you. Examples of data stored externally on Ford's data processing infrastructure include: your name, email address, street address, telephone number, VIN and your marketing preferences.
We endeavour to maintain your personal information as accurately as reasonably possible. We rely on the accuracy of personal information as provided to us both directly (from you) and indirectly (e.g. from a Ford dealer).
The FordPass App allows you to update your profile information and other details (such as your registered vehicles). We rely on all users of the App to keep their details up to date using this function of the App.
If you are having problems with updating your information, we encourage you to contact us if the personal information we hold about you is incorrect or to notify us of a change in your personal information. Our contact details are set out in Section 1.12 of these Terms.
Ford and its third party service providers and / or advertising partners use web tracking and storage technology tools such as web beacons, cookies, pixel tags and java code on Ford websites and in emails you have agreed to receive from us to collect or receive information regarding your activities on the site (eg. your IP address, page(s) visited, time of day). The use of such technology is an industry standard, and helps monitor the effectiveness of advertising and how visitors use websites. If selected by you, the Ford websites will store your username and password in a cookie to enable you to be automatically logged in when you return.
We, our third party service providers and / or advertising partners use this technology to generate statistics and measure site activity to improve the usefulness of customer visits.
Each time you access Ford websites, Ford and its third party service providers and / or advertising partners may deliver certain customised information, including ads, to you based on the data stored in your cookie. Third party advertising partners may show our ads on sites on the Internet and serve these ads based on information they collected about a user’s prior visits to our website and other Internet activity. Ford may also use analytics data supplied by third party vendors to inform and optimise our advertising campaigns. This practice is commonly referred to as "interest-based advertising".
Opting out of Interest-Based Advertising: You may learn about how to opt-out of this kind of collection and use of information for your browser or device by managing your settings, and for your social media accounts by managing your preferences in your account settings.
Opting out from specific advertisers: Facebook: To learn more about how to opt out of Facebook Interest-Based Advertising, go to the Privacy tab on the Facebook website footer, and then select Facebook Ads Controls.
Through the FordPass App, we use your mobile device’s unique identifier and tracking and storage technology tools such as cookies, to help provide App functionality, understand how the App is used and personalise your experience.
You may seek access to personal information which Ford holds about you by contacting us as described in Section 1.12 of these Terms. We will provide access to that information in accordance with the Privacy Act, subject to certain exemptions which may apply. We may require that the person requesting access provide suitable identification and where permitted by law we may charge an administration fee for granting access to your personal information.
If you become aware that any personal information we hold about you is incorrect or if you wish to update your information, you can either update your details using the App or contact Ford to request the correction or update to your information.
If you wish to access, correct or update personal information held by a Ford dealer or any of our FordPass partners, or unsubscribe from any communications from a Ford dealer or FordPass partner, please contact that FordPass dealer or FordPass partner directly.
Ford will take any privacy complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need. If you are not satisfied with the outcome of our assessment of your complaint, you may wish to contact the Office of the Privacy Commissioner.
If you wish to seek access to or correct or update any personal information we hold about you, or to unsubscribe from or change your contact preferences in relation to our direct marketing, you can also contact us as set out in Section 1.12 of these Terms.