A few important points:
It is important that you read all of the Ford app Terms. However, set out below are the substance and effect of certain terms that Ford would like to draw to your attention. Capitalised terms have the same meaning given to them in the Ford app Terms.
A few important points:
It is important that you read all of the Ford app Terms. However, set out below are the substance and effect of certain terms that Ford would like to draw to your attention. Capitalised terms have the same meaning given to them in the Ford app Terms.
1. About these Terms
Your vehicle (Connected Vehicle) is equipped with a factory-installed cellular modem (the Vehicles Modem). Ford Motor Company of Australia Pty Limited (ABN 30 004 116 223) (Ford, we, us, our) and our affiliates use the Ford app Connect to provide your Connected Vehicle with a range of services and functionalities (Connected Services).
By accessing and/or using the Ford app and Connected Services (including through your Ford Account on our website) (together, Ford app), you agree to these terms of use (the Ford app Terms or Terms) and confirm that you have the capacity to enter into, be bound by, deliver and perform the obligations under these Terms.
If you do not accept these Terms, then you may not use the Ford app. If you wish to opt-out of the Ford app, you can stop accessing or using the Ford app and Connected Services. You should think first about any products or services that you access or use through the Ford app - deleting the Ford app won't terminate those products or services, or end your obligation to pay subscription fees in respect of certain Connected Services, and you might not be able to access those products or services another way.
These Terms are important. You should read them carefully before accessing and/or using the Ford app.
1. About these Terms
Your vehicle (Connected Vehicle) is equipped with a factory-installed cellular modem (the Vehicles Modem). Ford Motor Company of Australia Pty Limited (ABN 30 004 116 223) (Ford, we, us, our) and our affiliates use the Ford app Connect to provide your Connected Vehicle with a range of services and functionalities (Connected Services).
By accessing and/or using the Ford app and Connected Services (including through your Ford Account on our website) (together, Ford app), you agree to these terms of use (the Ford app Terms or Terms) and confirm that you have the capacity to enter into, be bound by, deliver and perform the obligations under these Terms.
If you do not accept these Terms, then you may not use the Ford app. If you wish to opt-out of the Ford app, you can stop accessing or using the Ford app and Connected Services. You should think first about any products or services that you access or use through the Ford app - deleting the Ford app won't terminate those products or services, or end your obligation to pay subscription fees in respect of certain Connected Services, and you might not be able to access those products or services another way.
These Terms are important. You should read them carefully before accessing and/or using the Ford app.
2. Accounts and registration
To access the Ford app, you must register for, and hold, a Ford Account. You must not create an account on behalf of another person or business. To create an account, you must:
You must ensure that any information you provide to us, including in relation to your registration for a Ford Account, is accurate and current. When you register and activate your Ford Account, you must choose a password. You are responsible for keeping your account information and password secure and for all use and activity carried out in connection with the Ford Account, including in relation to the Ford app and Connected Services.
All authorised users associated with your Connected Vehicle have the same access, functionality and views to information as you, including vehicle location and the ability to invite other users. When you provide us with details of an individual you wish to authorise, we rely on you to:
You are responsible for any and all use of the Ford app and its features for your Connected Vehicle, even if you are not the one using the Ford app and even if you claim later that another persons’ use was not authorised (except to the extent caused by our fraud, negligence or wilful misconduct).
2. Accounts and registration
To access the Ford app, you must register for, and hold, a Ford Account. You must not create an account on behalf of another person or business. To create an account, you must:
You must ensure that any information you provide to us, including in relation to your registration for a Ford Account, is accurate and current. When you register and activate your Ford Account, you must choose a password. You are responsible for keeping your account information and password secure and for all use and activity carried out in connection with the Ford Account, including in relation to the Ford app and Connected Services.
All authorised users associated with your Connected Vehicle have the same access, functionality and views to information as you, including vehicle location and the ability to invite other users. When you provide us with details of an individual you wish to authorise, we rely on you to:
You are responsible for any and all use of the Ford app and its features for your Connected Vehicle, even if you are not the one using the Ford app and even if you claim later that another persons’ use was not authorised (except to the extent caused by our fraud, negligence or wilful misconduct).
3. Connected Services
Two types of Connected Services exist.
The Connected Services available to you from time to time will depend on your vehicle model and its level of specification. Details of the applicable subscription fees for Subscription Services are available via your Ford Account.
3. Connected Services
Two types of Connected Services exist.
The Connected Services available to you from time to time will depend on your vehicle model and its level of specification. Details of the applicable subscription fees for Subscription Services are available via your Ford Account.
4. Sale or transfer of your Connected Vehicle
The Connected Services are not transferable to another Connected Vehicle. Before you sell your vehicle, your lease ends or your vehicle is otherwise disposed of, you must complete an in-vehicle Master Reset to cancel all of your Subscription Services and to return your Connected Vehicle to its default settings.
4. Sale or transfer of your Connected Vehicle
The Connected Services are not transferable to another Connected Vehicle. Before you sell your vehicle, your lease ends or your vehicle is otherwise disposed of, you must complete an in-vehicle Master Reset to cancel all of your Subscription Services and to return your Connected Vehicle to its default settings.
5. Subscription Services
Your Connected Vehicle may come with eligibility for a trial period (each a Trial) in respect of certain Subscription Services. Each Trial is effective for a limited time period that, depending on the particular Subscription Service, commences on the warranty start date for your Connected Vehicle or upon your enrolment in that Trial via your Ford Account. For clarity, your Connected Vehicle will only be eligible for one Trial in respect of each Subscription Service. If your Connected Vehicle has been owned or used by someone before you, they may have used the included trial period for a Subscription Service which means you will be ineligible for that Trial.
Further information regarding the eligibility and duration of your Trials are available via your Ford Account.
After each Trial expires, you must subscribe to and purchase the relevant Subscription Service via your Ford Account, select a renewal interval (the Billing Period) and place an active credit or debit card on file with us in order to receive the Subscription Service. The Billing Period for each Subscription Service, whether a month or a year, commences when we send you an email confirmation for the Subscription Service. Your subscription will automatically renew for the next Billing Period at the end of each renewal interval, and you will be charged for that next Billing Period unless you cancel your subscription before it commences.
You may cancel a Subscription Service at any time via your Ford Account or by contacting one of our customer service representatives and notifying us that you want to cancel that Subscription Service. We will cancel your subscription as soon as reasonably practicable after receiving your request.
We may, in our sole discretion (acting reasonably), suspend or cancel your access to a Subscription Service at any time and for any reason, including but not limited to where:
We will generally notify you before we suspend or cancel a Subscription Service. However, we don't have to do this if it is necessary to manage a security risk or other material and immediate risk.
To the extent permitted by law, our sole liability for the cancellation or suspension of a Connected Service will be to refund you prorated Fees paid for unused Subscription Services, and only in circumstances where we are unable to, or choose to no longer, provide the Subscription Service (except to the extent such liability is caused by our fraud, negligence or wilful misconduct).
5. Subscription Services
Your Connected Vehicle may come with eligibility for a trial period (each a Trial) in respect of certain Subscription Services. Each Trial is effective for a limited time period that, depending on the particular Subscription Service, commences on the warranty start date for your Connected Vehicle or upon your enrolment in that Trial via your Ford Account. For clarity, your Connected Vehicle will only be eligible for one Trial in respect of each Subscription Service. If your Connected Vehicle has been owned or used by someone before you, they may have used the included trial period for a Subscription Service which means you will be ineligible for that Trial.
Further information regarding the eligibility and duration of your Trials are available via your Ford Account.
After each Trial expires, you must subscribe to and purchase the relevant Subscription Service via your Ford Account, select a renewal interval (the Billing Period) and place an active credit or debit card on file with us in order to receive the Subscription Service. The Billing Period for each Subscription Service, whether a month or a year, commences when we send you an email confirmation for the Subscription Service. Your subscription will automatically renew for the next Billing Period at the end of each renewal interval, and you will be charged for that next Billing Period unless you cancel your subscription before it commences.
You may cancel a Subscription Service at any time via your Ford Account or by contacting one of our customer service representatives and notifying us that you want to cancel that Subscription Service. We will cancel your subscription as soon as reasonably practicable after receiving your request.
We may, in our sole discretion (acting reasonably), suspend or cancel your access to a Subscription Service at any time and for any reason, including but not limited to where:
We will generally notify you before we suspend or cancel a Subscription Service. However, we don't have to do this if it is necessary to manage a security risk or other material and immediate risk.
To the extent permitted by law, our sole liability for the cancellation or suspension of a Connected Service will be to refund you prorated Fees paid for unused Subscription Services, and only in circumstances where we are unable to, or choose to no longer, provide the Subscription Service (except to the extent such liability is caused by our fraud, negligence or wilful misconduct).
6. Fees, Payment and Billing
Certain payment information and payment processing is handled by our third party payment processor Stripe to process and manage payments for the Subscription Services.
You must pay to Ford all Fees incurred through the use of your Ford app account and the Subscription Services for your vehicle, including by other Ford app users that you have authorised to access your Connected Vehicle. You must pay all Fees and taxes in accordance with the instructions provided by Ford without setoff, recoupment, deduction, withholding or other reductions. All Fees shall be in Australian dollars.
Any person who uses your Connected Vehicle or Ford app can make use of the services described in these Terms, and you will remain responsible to Ford for payment of the applicable Fees.
Sometimes we might ask for more information from you - you must provide us with information we reasonably ask for (otherwise, we may suspend or cancel your access to Subscription Service and delay, block or refuse to process transactions or close your Accounts).
6. Fees, Payment and Billing
Certain payment information and payment processing is handled by our third party payment processor Stripe to process and manage payments for the Subscription Services.
You must pay to Ford all Fees incurred through the use of your Ford app account and the Subscription Services for your vehicle, including by other Ford app users that you have authorised to access your Connected Vehicle. You must pay all Fees and taxes in accordance with the instructions provided by Ford without setoff, recoupment, deduction, withholding or other reductions. All Fees shall be in Australian dollars.
Any person who uses your Connected Vehicle or Ford app can make use of the services described in these Terms, and you will remain responsible to Ford for payment of the applicable Fees.
Sometimes we might ask for more information from you - you must provide us with information we reasonably ask for (otherwise, we may suspend or cancel your access to Subscription Service and delay, block or refuse to process transactions or close your Accounts).
7. Taxes
Unless otherwise stated, all amounts you must pay us under or in connection with these terms (including Fees) are inclusive of all taxes (including GST).
We will issue a tax invoice for supplies we make under or in connection with these Terms.
8. Privacy and Data Protection
We collect, use and handle personal information about you in the manner and for the purposes set out in the Ford Privacy Policy (located here) and the Ford app Privacy Collection Notice (located here).
8. Privacy and Data Protection
We collect, use and handle personal information about you in the manner and for the purposes set out in the Ford Privacy Policy (located here) and the Ford app Privacy Collection Notice (located here).
9. Intellectual Property
We own or licence from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Ford app and all of the material (including all software, content and data) made available on the Ford app (Content). The Ford app 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:
Your use of and access to the Ford app and any Content does not grant you any rights, title or interest to you in relation to the Ford app or the Content. However, we do grant you a non-exclusive, non-transferable, limited licence to access and use the Ford app and any Content on the provision of these Terms and as otherwise expressly authorised by us and/or our third party licensors.
The Ford name, and all trademarks and logos displayed on the Ford app or the Ford website are owned or used under licence by us. The unauthorised use of any trademark displayed on the Ford app or on the Ford website is prohibited.
The Ford app is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any software, products or services contained within the Ford app (including any Connected Service). You may not use the Ford app to further any commercial purpose, including any advertising or revenue generating activity on your own website or other platforms.
9. Intellectual Property
We own or licence from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Ford app and all of the material (including all software, content and data) made available on the Ford app (Content). The Ford app 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:
Your use of and access to the Ford app and any Content does not grant you any rights, title or interest to you in relation to the Ford app or the Content. However, we do grant you a non-exclusive, non-transferable, limited licence to access and use the Ford app and any Content on the provision of these Terms and as otherwise expressly authorised by us and/or our third party licensors.
The Ford name, and all trademarks and logos displayed on the Ford app or the Ford website are owned or used under licence by us. The unauthorised use of any trademark displayed on the Ford app or on the Ford website is prohibited.
The Ford app is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any software, products or services contained within the Ford app (including any Connected Service). You may not use the Ford app to further any commercial purpose, including any advertising or revenue generating activity on your own website or other platforms.
10. Integration with other Ford Services and Third Party Services and Third Party Materials
The Ford app may integrate with, or contain links to other products, apps, websites or services that are:
Additional Services may be subject to additional terms that may be presented in connection with their use, and by using an Additional Service, you agree to the applicable terms and conditions.
Where a third party provides you with a Third Party Product or Service, that third party is responsible to you for the relevant Third Party Product or Service. You may be asked to agree to the terms and conditions of the third party before accessing its Third Party Products or Services. Those terms and conditions will govern your relationship with the third party (including in respect of any information they collect from you while you are using the relevant Third Party Product or Service). We are not responsible for any Third Party Products or Services nor the accuracy of any information a third party gives you.
When using a Third Party Service, you may leave the Ford app platform. We will indicate when you are leaving the Ford app platform. We encourage you to read the terms and conditions and privacy policy of each Third Party Service that you use.
Some Ford app features and Third Party Products or Services are supported by Google Maps and/or Google APIs, the applicable terms and conditions and privacy policy for which are hyperlinked below.
You will be directed to Google's privacy policy and have the opportunity to provide consent before you use the Ford app features or Third Party Products or Services supported by Google Maps and/or Google APIs. If you decline or withdraw your consent at any time using your privacy settings in the Ford app, you will not be able to rely on the Ford app features or Third Party Products or Services that are supported by Google Maps and/or Google APIs for essential functionality.
We may display, include or make available content, data, information, applications or materials from third parties (Third Party Materials) or provide links to certain third-party web sites to provide you with the Connected Services. By using the Connected Services, you acknowledge and agree that Ford is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites.
The Ford app 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.
Where you connect with your Ford dealer via the Ford app 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.
10. Integration with other Ford Services and Third Party Services and Third Party Materials
The Ford app may integrate with, or contain links to other products, apps, websites or services that are:
Additional Services may be subject to additional terms that may be presented in connection with their use, and by using an Additional Service, you agree to the applicable terms and conditions.
Where a third party provides you with a Third Party Product or Service, that third party is responsible to you for the relevant Third Party Product or Service. You may be asked to agree to the terms and conditions of the third party before accessing its Third Party Products or Services. Those terms and conditions will govern your relationship with the third party (including in respect of any information they collect from you while you are using the relevant Third Party Product or Service). We are not responsible for any Third Party Products or Services nor the accuracy of any information a third party gives you.
When using a Third Party Service, you may leave the Ford app platform. We will indicate when you are leaving the Ford app platform. We encourage you to read the terms and conditions and privacy policy of each Third Party Service that you use.
Some Ford app features and Third Party Products or Services are supported by Google Maps and/or Google APIs, the applicable terms and conditions and privacy policy for which are hyperlinked below.
You will be directed to Google's privacy policy and have the opportunity to provide consent before you use the Ford app features or Third Party Products or Services supported by Google Maps and/or Google APIs. If you decline or withdraw your consent at any time using your privacy settings in the Ford app, you will not be able to rely on the Ford app features or Third Party Products or Services that are supported by Google Maps and/or Google APIs for essential functionality.
We may display, include or make available content, data, information, applications or materials from third parties (Third Party Materials) or provide links to certain third-party web sites to provide you with the Connected Services. By using the Connected Services, you acknowledge and agree that Ford is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites.
The Ford app 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.
Where you connect with your Ford dealer via the Ford app 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.
11. Your responsibilities
You must:
You are solely responsible for any use of the Connected Services in your Connected Vehicle, even if you are not the one using it.
11. Your responsibilities
You must:
You are solely responsible for any use of the Connected Services in your Connected Vehicle, even if you are not the one using it.
12. 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 deleting your account in the Ford app or by contacting our Guides (Guides@ford.com) and notifying us that you want to cancel your Ford app account.
12. 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 deleting your account in the Ford app or by contacting our Guides (Guides@ford.com) and notifying us that you want to cancel your Ford app account.
13. Termination and Suspension
We may terminate this agreement, or suspend temporarily part or all of your access to the Ford app 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 the Ford app or your Ford Account on an emergency basis without notice to you if we reasonably believe that there is a risk of fraud, a security breach or unusual activity and if we reasonably believe that suspension of your access is reasonably necessary to investigate and address this risk.
13. Termination and Suspension
We may terminate this agreement, or suspend temporarily part or all of your access to the Ford app 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 the Ford app or your Ford Account on an emergency basis without notice to you if we reasonably believe that there is a risk of fraud, a security breach or unusual activity and if we reasonably believe that suspension of your access is reasonably necessary to investigate and address this risk.
14. Disclaimer
When you use the Ford app, you acknowledge and agree that:
14. Disclaimer
When you use the Ford app, you acknowledge and agree that:
15. Limitation of liability
The Ford app and the Content is provided on an "as is" and "as available" basis and to the extent permitted by law (including the Australian Consumer Law) we make no representations, warranties or guarantees about the Ford app or any Content. Where there are guarantees that cannot be excluded or limited under the Australian Consumer Law, our liability for a failure to meet such a guarantee is limited to doing one or more of the following (at our election):
To the maximum extent permitted by law (including under the Australian Consumer Law), we exclude liability for any direct and indirect loss, damage or expense - irrespective of the manner in which it occurs; contract, tort (including negligence) or otherwise - arising out of or related to your use of the Ford app, including where it is suffered:
This does not apply to any loss, damage or expense caused by our fraud, negligence or wilful misconduct.
To the maximum extent permitted by law (including under the Australian Consumer Law), 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 these Terms (however arising, including in negligence) is limited to:
15. Limitation of liability
The Ford app and the Content is provided on an "as is" and "as available" basis and to the extent permitted by law (including the Australian Consumer Law) we make no representations, warranties or guarantees about the Ford app or any Content. Where there are guarantees that cannot be excluded or limited under the Australian Consumer Law, our liability for a failure to meet such a guarantee is limited to doing one or more of the following (at our election):
To the maximum extent permitted by law (including under the Australian Consumer Law), we exclude liability for any direct and indirect loss, damage or expense - irrespective of the manner in which it occurs; contract, tort (including negligence) or otherwise - arising out of or related to your use of the Ford app, including where it is suffered:
This does not apply to any loss, damage or expense caused by our fraud, negligence or wilful misconduct.
To the maximum extent permitted by law (including under the Australian Consumer Law), 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 these Terms (however arising, including in negligence) is limited to:
16. The Ford App
The Ford app is provided to you by us. We are responsible to you for it, even where you download it from the Apple iOS App Store or Google Play Store. Apple and Google are not responsible for the Ford app and this provision applies for their benefit. If you have any queries or issues (including any legal issues) about the Ford app, you must contact us, not Apple or Google.
16. The Ford App
The Ford app is provided to you by us. We are responsible to you for it, even where you download it from the Apple iOS App Store or Google Play Store. Apple and Google are not responsible for the Ford app and this provision applies for their benefit. If you have any queries or issues (including any legal issues) about the Ford app, you must contact us, not Apple or Google.
17. Variations
We may (in our sole discretion) modify, update or replace any or all of these Ford app Terms without your consent. This includes a change that:
We will notify you of any amendments to the Ford app Terms:
This notice may be provided via email, SMS or a message on the Ford app or your Ford Account. Continued use of the Ford app following the reasonable notice period and implementation of the variation shall be deemed acceptance of the new updated Terms.
You can stop accessing or using the Ford app, delete the Ford app or cancel an affected Subscription Service if you do not like a change we make. However, you may not be able to access or use the Ford app or any cancelled Subscription Services if you do this.
17. Variations
We may (in our sole discretion) modify, update or replace any or all of these Ford app Terms without your consent. This includes a change that:
We will notify you of any amendments to the Ford app Terms:
This notice may be provided via email, SMS or a message on the Ford app or your Ford Account. Continued use of the Ford app following the reasonable notice period and implementation of the variation shall be deemed acceptance of the new updated Terms.
You can stop accessing or using the Ford app, delete the Ford app or cancel an affected Subscription Service if you do not like a change we make. However, you may not be able to access or use the Ford app or any cancelled Subscription Services if you do this.
18. Miscellaneous
18. Miscellaneous
19. Contact Us
If you have any questions, comments or complaints about the Ford app functionality or services or how we handle your personal information, you may contact us as follows:
19. Contact Us
If you have any questions, comments or complaints about the Ford app functionality or services or how we handle your personal information, you may contact us as follows: