Ford Australia Payment Terms
Version Date: January 2022
The following terms (Payment Terms) apply to the payment features of designated mobile apps and websites operated by Ford Motor Company of Australia Pty Limited ABN 30 004 116 223 of Level 1, 600 Victoria Road, Richmond, Victoria (Ford Australia, we, us), which allow you to make purchases and pay for goods or services through your Payment Methods (as defined below). We refer to these features generally as the Payment Features. The Payment Features are maintained and operated by Ford Australia, or its third-party payment service providers.
If you use the same login information for other Ford Australia mobile apps and websites, your Payment Methods will automatically be synched when you access the Payment Features of the other apps and websites.
By clicking “I accept,” you:
• agree to be bound by these Payment Terms;
• represent that you are 18 years of age or older and capable of entering into a legally binding agreement; and
• authorise Ford Australia or the Merchant (as defined below) to verify the validity of your Payment Methods and to process and transmit your Payment Method information to facilitate transactions as described below.
Ford Australia reserves the right to modify the Payment Terms at any time. Ford Australia will alert you through the app, website, and/or by email of any material changes to the Payment Terms and allow you an opportunity to accept the updated terms. Modifications will be effective immediately upon being posted on the app and/or website or on a future date as we may specify, and your continued use constitutes your acceptance of the modified Payment Terms.
If you do not agree to the Payment Terms or any modifications to the Payment Terms or features, your only option is to stop using the Payment Features.
Ford Australia reserves the right to update, modify, suspend, 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.
1. Payment Methods
To use the Payment Features, you must provide a valid payment method which, depending on the terms of any relevant program of Ford Australia, may include a valid credit card or debit card or an account with a valid third-party payment service provider (Payment Method). Your Payment Method will not be stored by Ford Australia.
2. How Payments Work / Ford Australia’s Role
The Payment Features let you make payments using your Payment Method for goods and services offered by Ford Australia 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 or payment using the Payment Features (Transactions), the Transaction is between you and the Merchant, which may or may not be Ford Australia as specified for each Transaction. You authorise the third-party payment service providers to collect, analyse and relay information generated in connection with Transactions. Transactions are subject to the terms and conditions governing your Payment Method and to any agreements between you and the third-party payment service providers or relevant financial institutions.
3. Supported Payment Methods
Several credit and debit cards can be used with the Payment Features, though certain card types are not supported. You may also be able to use an account with a valid third-party payment service provider. Eligible Payment Methods are subject to change at any time.
4. 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 (Recurring Payments), you may do so by following the prompts and providing the requested information. You authorise the Merchant to charge your selected Payment Method on the specified schedule. Unless otherwise stated, your Recurring Payments and the relevant billing authorisation will continue indefinitely until you cancel with the Merchant.
5. Transaction History
When you make a payment using the Payment Features, Ford Australia or the Merchant will update your activity on the website or app where you utilised the Payment Features and provide you a Transaction confirmation. In some instances, the Transaction confirmation may serve as your receipt and the Transaction also will appear on your card or account statement. Except as otherwise required by law or by the terms of any other agreement between us, you are solely responsible for (a) compiling and retaining permanent records of all Transactions and other data associated with your use of the Payment Features, and (b) reconciling all transaction information associated with the Payment Features. If you believe that there is an error or unauthorised Transaction activity, you agree to contact Ford Australia or the Merchant immediately.
6. Refunds
The terms of any relevant program of Ford Australia may identify whether payments made under those terms are refundable or reversible. If the terms of the relevant program do not state that payments are refundable or reversible, all Transactions will be considered to be non-refundable and non-reversible. You may have additional refund or charge-back rights based on a Merchant’s policies or under your agreement with your financial institution, third-party payment service provider or applicable state and federal laws. You should review your periodic statement received from your financial institution to verify your Transactions.
7. Customer Service
For issues related to pricing of goods and services, order fulfillment and cancellation, returns and refunds, product functionality or technical support, contact the appropriate Merchant. For issues related to your Payment Method, contact your financial institution or third-party payment service provider as relevant.
8. 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 immediately suspend your access to any Payment Features if (a) you have violated the Payment Terms, (b) any other terms or conditions of any relevant program of Ford Australia, (c) we determine that you pose an unacceptable fraud risk to us, (d) you provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or (e) we notice any suspicious activity.
9. Effect of Termination
We will not be liable to you or any third party for compensation, reimbursement, or damages in connection with your use of the Payment Features, or any termination or suspension of the Payment Features or your access to it, including with respect to any deletion of your information or account data. If your account is terminated for any reason or no reason, you agree (a) to continue to be bound by the Payment Terms 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 (but have no obligation except as required by law) to delete all of your information and account data stored on our servers.
10. Liability
You understand and agree that your use of the Payment Features is at your own discretion and risk, and none of Ford Australia, and its employees and suppliers, Merchant or the payment service providers are responsible for any damages that result from your use of the Payment Features, including without limitation, any failure to complete transactions in accordance with your instructions. Ford Australia does not guarantee the ongoing availability of the Payment Features and makes no representations covenants or warranties and offers no other conditions, expressed or implied, regarding any matter under the Payment Terms.
11. Indemnity and Release
By using the Payment Features, to the fullest extent permitted by applicable law, you agree that you will defend, indemnify, release and hold harmless us, Merchant and our subsidiaries and affiliates, their respective distributors, dealers, dealer associations, suppliers, licensors, partners and advertising and promotions agencies, from and against any liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of any use of the Payment Features by or through you, your breach or alleged breach of the Payment Terms, or your violation or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with our defense of such claim.
Where relevant, 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.
12. Privacy
Where, in connection with Payment Features, you provide personal information to Ford Australia, Ford Australia may use and disclose your personal information for:
a) the purpose of allowing you to access and use the Payment Features; and
b) any of the purposes set out in Ford Australia’s privacy policy (available at https://www.ford.com.au/privacy/) which contains information about how customers may access and seek correction of their personal information or complain about a breach of their privacy and how Ford will deal with that complaint.
13. Miscellaneous
The Payment Terms, together with any additional terms to which you agree when using the Payment Features (including the terms and conditions of the product/service you are purchasing, programs initiated by Ford Australia, or any applicable Privacy Policies, etc.) constitute the entire agreement between Ford Australia and you. The Payment Terms are governed by, and construed in accordance with, the laws of the state of Victoria, and Australia applicable therein. Unless local law mandates otherwise, all lawsuits arising from or relating to the Payment Terms shall be brought in the courts located in Victoria, Australia. If a court determines that any term or condition is illegal, invalid, or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in full force and effect. Our failure to exercise or enforce any right or provision of the Payment Terms shall not constitute a waiver of such right or provision.
14. Contact Us
If you have any questions, you may contact us by going to the Contact Us page on www.ford.com.au or via:
Telephone: 13 FORD (13 3673)
Email: foacust1@ford.com
Mail: Ford Motor Company of Australia Pty Ltd
Customer Relationship Centre
Private Mail Bag 5
Campbellfield, Victoria, 3061