Terms and Conditions

Effective: April 1, 2019

Version 1.0

Countries/Territories: United States of America, UK, Austria, Italy, Netherlands, Norway, Switzerland, Germany, Belgium, France, Finland, Spain, Portugal, Ireland, Czech Republic, Denmark, Greece, Hungary, Poland, Romania, Turkey

  1. General Information

These Terms apply to your access to and use of the website (“Site”), mobile application (“App”) or other technology where these Terms are displayed, (collectively referred to as the “Service”).  The Service is owned or operated by the Ford Motor Company entity listed in the “Operator” section below (hereinafter “Ford”,we”, “us”).

The Service may integrate with other services or devices, and these features may be subject to separate or supplemental terms (“Supplemental Terms”) or privacy practices– these will be presented to you in connection with that feature.

  1. Your Agreement

THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FORD.

By using the Service, you agree to be bound by these Terms, including any country-specific terms (if you live in any of the countries listed in that section), and our Privacy Statement.

If you do not agree to these Terms or the Privacy Statement, do not use the Service.

  1. Eligibility / Account

To use the Service, you must reside in a country where the Service is made available, be at least the age of majority in your place of residence, and have the ability to enter into a binding contract with us (and cannot be prohibited from doing so under any applicable law).

If you authorize anyone that does not meet the age restrictions listed above, they may only use the Service under your supervision when you are bound by these Terms.

You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or mobile device. You are solely responsible for all activities that occur under your account, including unauthorized activity. You agree to notify us immediately of any unauthorized use of your account or password.

Third-Party Accounts and Services.  The Service may include links to or integrate with other companies’ products or services, including location services. We are not responsible for any third parties, their activity, or data they provide unless we have been duly notified of such third party websites or pages to contain illegal or harmful content. Such links should not be interpreted as approval by us of those linked services or data you may obtain from them.

The Service may allow you to enter profile information and certain preferences. You may not create usernames or enter any account information that is profane or obscene. If we decide any information you have entered is profane or obscene, we reserve the right to remove or discontinue your use of the Service. You are responsible for all use of the Service in connection with your account, or by or through anyone you may authorize.

  1. Availability / Restrictions and Limitations / Updates

Ford reserves the right to limit the provision of the Service to any person, geographic region or jurisdiction.

Feature Availability / Features Subject to Change.  Availability of features is subject to change. Not all features or services are available in all markets and functionality may be limited, including due to vehicle capability or compatibility, mobile device or network coverage.

Hardware Compatibility Requirements.  Use of the Service requires a compatible internet browser, computer or mobile device, internet access and software, and may require obtaining updates or upgrades from time to time. You acknowledge and agree that system requirements may be changed from time to time, and meeting them is your responsibility.

Usage and Data Fees. Your internet service provider or mobile carrier may charge you access, software or data fees for any network use or data transmission by the Services.  Contact your internet service provider or mobile carrier for more information regarding usage rates and fees.

Compliance with Laws.  You are responsible for compliance with all local laws. You agree not to use the content made available to you through the Service in any country or in any manner that is prohibited by applicable laws, restrictions or regulations.

  1. Safety

Warning:  You should only use the Service when it is safe to do so.   Do not read messages on hand-held devices while driving, riding a bicycle, or engaging in similar activities.

  1. Communications and User Submissions

The Service may allow you to communicate with us through the App.  Should you choose to communicate with us, you consent to being contacted in the manner requested.  Ford may send you marketing emails, subject to applicable data protection laws. You may opt-out by unsubscribing in those emails.

User Submissions. You may submit information or content to us (“User Submissions”) through the Service.  Please do not submit new or confidential ideas through the Service. We may use your User Submission to the fullest extent permitted by law you grant us a perpetual, worldwide, irrevocable, royalty-free license to store, copy, distribute, publish, create derivative works and otherwise use that User Submission (or any part or parts of it) in any and all media in any manner we choose (and to authorize third parties to do the same) within the context of the Service, to the extent allowed under applicable data protection laws as set out in our Privacy Statement.  Please do not submit new or confidential ideas through the Service. You agree that you will not submit any information that is profane or obscene.

  1. Limited License

The Service and any content, data or software made available through or in connection with the Service (including via related websites) (collectively, “Ford Content”) is owned by us or used under license. Except as expressly provided herein, we do not grant any express or implied proprietary rights to Ford Content.

Subject to your compliance with these Terms and any other terms communicated in connection with specific Ford Content, we grant you a non-exclusive, non-transferable, limited right to access, view, use, display and listen to Ford Content for your personal, non-commercial use only. You agree not to dispute our claims of ownership or validity of our rights in Ford Content.

You may not, nor allow third parties to:

  • Use the Service for any fraudulent, unlawful, or abusive purpose, or in any way that interferes with the proper functioning or others’ use of the Service, or violates any other person’s rights;
  • Use any data mining, robots, or similar automated tools for data gathering, extraction, or accessing the Service, create a database, download or store Ford Content other than as licensed above, link or frame Ford Content, extract or derive any source code or structure of any part of the Service or Ford Content by reverse engineering, disassembly, decompilation or any other means; unless such activity is permitted under applicable mandatory copyright laws;
  • Abuse or do anything to damage our or our dealers’ or service providers’ business operations, services, reputation, employees or facilities;
  • Use any content available through the Service except as expressly authorized by us;
  • Resell, copy, store, reproduce, distribute, modify, display, publish, perform, transmit, broadcast, or create derivative works from any content available through the Service; or
  • Modify, disassemble or tamper with any hardware that interfaces with the Service.
  1. Trademark Notice

All trademarks and logos displayed on the Service are owned or used under license by us.

  1. Designated Agent for Copyright Notification

If you believe that any content on the Service infringes your copyright rights, please contact our designated agent for receiving such notifications in writing as follows:

Designated Agent:

DMCA Agent

330 Town Center Drive

Dearborn, Michigan 48126

Email address: DMCA@ford.com

Telephone: 313-390-5286

Fax number: 1-313-322-7162

  1. Third-Party Beneficiaries

You are not a third-party beneficiary and these Terms do not give you any rights against any of our dealers, affiliates or service providers, and none of our dealers, affiliates or service providers has any legal, equitable, or other liability of any kind to you under these Terms.

In contrast, our affiliates, subsidiaries, agents, predecessors in interest, successors in interest, and service providers are intended beneficiaries of the protections contained in these Terms relating to, among other things, limitations regarding the Service and its use and limitations on liability.

  1. Indemnity, Hold Harmless

To the extent permitted by applicable law, By using the Service, you agree that you will defend, indemnify and hold harmless us and our subsidiaries and affiliates, their respective distributors, dealers, dealer associations, suppliers, licensors, partners and advertising and promotions agencies, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your conduct or any use of the Service.

You acknowledge and agree that your app store provider has no liability, responsibility or obligation to you in connection with the Service.

  1. Disclaimer

Ford will use reasonable skill and care to ensure that the Service 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 the Service will be safe, secure or free from bugs or viruses or other malicious programs.

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

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

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

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

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

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

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

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

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

(b) fraud or fraudulent misrepresentation; and

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

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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.

SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF VARIOUS WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE FULL EXTENT PERMISSIBLE UNDER THOSE LAWS.

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. This Section should be read in conjunction with the applicable consumer law in your country of residence as certain limitations described above may not apply to you. NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS OUR LIABILITY FOR ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.

  1. Choice of Law, Jurisdiction

Unless local law mandates otherwise, any disputes relating to these Terms shall be resolved in courts located in Wayne County, Michigan under Michigan law. So long as the Service is made available in your country of residence, and your country of residence is a Member State of the European Union, you have the right to bring any disputes to the competent courts within your country of residence.

  1. Export Control Laws

Materials and information provided on or through the Service, including prices, features, products or services, may not be available outside the U.S.  You agree to comply with all export and re-export control laws, restrictions and regulations or similar laws of your government in connection with your use of the Service, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State.

Further, you represent and warrant that: (i) you are not located in a country that is subject to a government embargo, or that has been designated by any country’s government as a “terrorist supporting” country, and (ii) that you are not listed on any government list of prohibited or restricted parties as specified in the laws and regulations listed above.

  1. Changes, Updates

We reserve the right to make changes to these Terms and the Services from time to time. We recommend that you regularly consult these Terms at the following address: [                            ] to ensure you understand the Terms that apply at that time. Where you have provided us with contact details as part of the Service we will endeavor to alert you of changes to the Terms or the Services in advance.

We may make minor changes to these Terms or the Service:

  • to reflect changes in relevant laws and regulatory requirements; and
  • to implement minor technical adjustments and improvements, for example to address a security threat, provided that these changes will not adversely affect your use of the Service.

If we make more significant changes to these Terms or the Services (a “Terms Update” ):

(a)        If you are using any part of the Services that is freely available to the general public, your continuing use of the Services after any changes are implemented will be considered acceptance of such changes.

(b)        If you are using any part of the Services on a subscription or paid-for basis, we will notify you of the Terms Update at least [60] days before they take effect. Such notification will specify the date the Terms Update is applicable (the “Effective Date”). You then have the choice to agree to the Terms Update or not under the following conditions.

  • If you agree to the Terms Update you may continue to use the Services. Consequently please be aware that any use of the Services following the Effective Date will be deemed as a consent to the Terms Update which will therefore be applicable to you irrevocably: or
  • If you disagree the Terms Update, as from the Effective Date you must cease using the Services and any content that you have downloaded before the Effective Date. In such case, the Agreement will be considered as terminated as from the Effective Date without compensation. As an exception to the foregoing, if (a) you have paid in advance for the use of the Services for a specific duration, you may continue using the Services for that duration; and (b) if we have agreed to perform specific Services for you – such the repair of an automobile – we will continue to perform those Services in accordance with our Agreement. In each of the two foregoing cases the Terms Update will not be applicable to you for that duration.

We may from time to time update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

If you object to any changes to the Service or to these Terms, your sole recourse is to stop using the Service.

  1. Termination

We may terminate this Agreement at any time by written notice (including e-mail). Please note that merely deleting or uninstalling the Service on your device will not terminate this Agreement and may not sever all data connections (e.g. between your vehicle and Ford).

If you violate any of the Terms, your rights will immediately terminate and we may terminate your access to the Service without notice and without any refund of fees, if applicable. To the extent required by law in your jurisdiction, your right to prove that we have suffered less damages resulting from your violation of the Terms remains unaffected.

Ford reserves the right to suspend or cancel the Service or your access to the Service, or remove or edit any features or content at any time in in our sole discretion.

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

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

(a) you commit a serious or persistent breach of a term of this Agreement 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 the Service from being abused, manipulated or otherwise undermined by you; or

(c) where we decide to no longer offer any Services (or decide to no longer offer the Services through the Site or App).

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

  1. Miscellaneous

Entire Agreement.  These Terms (including any Supplemental Terms and privacy policy) are the entire agreement regarding the Service.

Severability, Waiver.  If a court determines that any term or condition in these Terms is illegal 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 these Terms shall not constitute a waiver of such right or provision.

Assignment.  We can assign these Terms in whole or in part to anyone we choose. You can’t assign your rights or obligations under these Terms to anyone else without our prior consent.

  1. Third Party Software

The Service may contain or rely in part on third party software ease refer to Appendix A for any  obligations or restrictions that may apply to the use of such third party software.

19.           Third-Party Navigation and Location Data

The Service may use data from third party sources, such as maps and directions, to provide certain features. 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.

If you use the Google Map functionality on this App, you agree to be bound by Google’s Terms of Use and Google’s Privacy Policy. If the GPS feature on the mobile device is turned on (if it has such capability), your GPS data may be utilized to determine your location in order to fulfill your request for location services.

  1. Operator / Contact Us

The Service is operated by Ford Motor Company, One American Road, Dearborn, Michigan 48126 United States of America.

If you have any questions, comments, or claims regarding the Service you may contact us by finding your local contact information by contacting us at:

Ford Travel HQ, operated by Wellington
844-802-1203
info@fordtravelhq.com

  1. Interference

CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE THE SERVICE OR OTHERWISE UNDERMINE OUR LEGITIMATE BUSINESS OPERATIONS MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.

  1. Online Dispute Resolution

If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.

You have the right to turn to a mediator to solve a dispute under the Agreement. Pursuant to article L 616-1 of the French consumer Code, we inform you that the mediator(s) we have chosen is/are Médiation CMFM, 19 avenue d’Italie, 75013 Paris, sur internet : www.mediationcmfm.fr ou par courrier électronique : cmfm208@orange.fr

  1. Right to Withdrawal

In addition to your right to terminate this Agreement pursuant to these Terms, you also have a statutory withdrawal right. The section below includes information on your statutory right of withdrawal and the exercise of your statutory right of withdrawal. It also includes a standard withdrawal form which you can use to exercise your right of withdrawal. Please note that a reimbursement of a payment only applies if we have received payment from you.

 

You have the right to withdraw from this Agreement within fourteen (14) days, without giving any reason. The withdrawal period will expire fourteen (14) days from the day of the conclusion of the Agreement. To exercise your right to withdrawal, you must contact us at:

Ford Travel HQ, operated by Wellington
844-802-1203
info@fordtravelhq.com

Your correspondence must include an unequivocal statement regarding your decision to withdraw from this Agreement (e.g., a letter sent by post, fax or e-mail).  You may also use the Model Withdrawal Form, but it is not obligatory.

WITHDRAWAL FORM

To

Ford Travel HQ, operated by Wellington
844-802-1203
info@fordtravelhq.com

I hereby give notice that I withdraw from my Agreement for the provision of the following Service:

  • Ordered on ______________________________
  • Name of consumer(s) ______________________________
  • Address of consumer(s) ______________________________
  • Signature of consumer(s) (only if this form is notified on paper) ___________________________
  • Date ______________________________