Terms and Conditions
Reservation Terms and Conditions
May 19, 2021
FORD VEHICLE RESERVATION PROGRAM TERMS AND CONDITIONS
Welcome to the Ford Motor Company of Canada, Limited (“Ford”) [T1] Vehicle Reservation Program (“Program”). These Terms and Conditions (“Terms”) describe the Program as well as the Reservation Process (“Reservation Process”). Please review these Terms carefully and click “I accept” to agree. Making a reservation and following the Reservation Process is your agreement to these Terms, the Payment Terms, and the Privacy Policy located on this site at https://www.ford.ca/help/privacy/. By participating in the Reservation Program, you agree to be bound by the decisions of Ford which are final and binding with respect to all matters related to the Reservation Program.
If you object to any of these Terms, your sole recourse is to stop using the Program.
1. Reservation for Priority Ranking.
Under the Reservation Program, you may be able to make a reservation for the Ford vehicle (the “Vehicle”) you configure through the Reservation Process (“Reservation”). The Reservation helps save your place in line and simplify the buying process when the Vehicle is available to order and purchase from the authorized Ford dealer that you chose (“Dealer”). By completing the Reservation Process, you are not granted any interest in the Vehicle, ordering or purchasing the Vehicle or any vehicle, or being guaranteed a right to any vehicle delivery or priority.
Where you authorize Ford to provide your contact information, including phone number and email address, to your Dealer and request your Dealer contact you with respect to your reservation request and the Vehicle and pay the Reservation amount to Ford through the Reservation process, this Reservation is for your priority ranking where you subsequently choose to order your Vehicle from your Dealer and enter into a binding retail agreement with your Dealer with respect to the Vehicle.
Participation in the Program does not guarantee you vehicle delivery nor priority for ordering. It does not grant you any interest in the Vehicle, order or purchase the Vehicle. You will be required to discuss and agree to final transaction pricing, arrange for any necessary financing, and to purchase the Vehicle from your Dealer. Your Reservation does not guarantee a set price for the Vehicle. The Dealer sets the Vehicle price, which may differ from the MSRP. Unless otherwise indicated, MSRP is the manufacturer’s suggested retail price and excludes optional equipment, freight (except in Quebec), AC Tax (except in Quebec), Green Levy (if applicable and except in Quebec), license, fuel fill charge, insurance, dealer PDI (except in Quebec), PPSA (if financed or leased; PPSA not applicable in Quebec), RDPRM registration and related fees up to $52 (only in Quebec, if financed or leased), administration fees (except in Quebec) and taxes.
2. Sharing of Reservation Information.
You will be required to select a Dealer at the time of Reservation. Your information including name, address, e-mail address, phone number, vehicle configuration and reservation request or cancellation will be provided to the Dealer you select so that your Dealer may contact you with respect to your interest in acquiring a Vehicle. Your credit card information will not be shared.
3. Reservation Process and Total Amount Payable.
In order to complete the Reservation Process, you will be required to (1) create and/or login to your Ford account, (2) submit certain information to Ford such as your contact information, and (3) pay a fully refundable amount of $100 CAD to Ford. Ford will hold this amount until the earlier of the time that you advise Ford you want a refund or you have entered into a purchase agreement with your Dealer for the Vehicle providing you with priority for the Vehicle. Ford will not pay interest on this amount. Any interest earned will be the sole property of Ford. This amount will be required to be paid by credit card.
4. Vehicle Specifications and Configuration Subject to Change.
You understand that we may not have completed the development of the Vehicle or begun manufacturing the Vehicle at the time of your Reservation. By agreeing to these Terms and making a Reservation, you represent and warrant to us that you understand that the Vehicle configuration may change prior to execution of a sales agreement between you and a Dealer.
5. No Purchase of Vehicle.
The Reservation Program does not constitute or require you to complete a vehicle purchase, finance, or lease contract with your Dealer. You may cancel your Reservation pursuant to Section 10 below at any time and your payment will be refunded to you.
6. Ford Right to Decline, Cancel Reservation.
Ford, at its sole discretion, may decline or cancel your Reservation at any time, for any reason. You will be notified by email if your Reservation is declined, and your payment will be refunded if it has already been processed.
7. Ford Right to Modify, Cancel Program.
Ford reserves the right to change, update, improve, correct, modify, suspend, discontinue or cancel all or part of the Program, including any of its features, functionalities or manners of operation at any time at its sole discretion without any notice or obligation to you. Your use of the Program after any changes are implemented will be considered acceptance of such changes. The Program may not be available during maintenance breaks and other times.
8. Reservation Eligibility: Age and Residency; Entity Reservations.
You must be at least the age of majority in your Province or Territory and a resident of Canada in order to accept these Terms and to participate in the Program. By making a Reservation you represent to us that you are at least the age of Majority in your Province or Territory and a resident of Canada. The Program is only open to individuals; businesses, companies, groups and organizations are not eligible to participate. Reservations are limited to four per Ford account. Ford may cancel your Reservation and refund your payment if Ford determines that you are an ineligible party.
9. Registration; No Brokers.
In order to participate in the Program, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Ford shall have no responsibility or liability for inaccurate information or information that later becomes outdated and shall have no obligation to make efforts to determine the correct contact information for you. You can update your information at any time by logging into your Ford Owner Account. You represent and warrant that you are not a broker and that your registration and participation in the Program is for your own benefit on your own behalf and that you are not acting on behalf of any undisclosed principal or third party. We may cancel your Reservation in the event we determine you have engaged in brokering.
10. Reservation Cancellation; Transfer; Assignment.
You may cancel your Reservation at any time and request a refund online at https://www.ford.ca/profile/myprofilev2/ . If you cancel your reservation, your payment will be credited back to your credit card within 10 business days. Please note that all cancellations are final. If you enter into a purchase agreement for the Vehicle with your Dealer, which may include a deposit requirement negotiated between you and your Dealer, your payment will also be credited back to your credit card.
You may not transfer or assign your Reservation or any other rights under these Terms.
11. Force Majeure.
Your participation in the Program and/or your Reservation does not create liability for Ford or you for any failure to perform due to an event beyond our control, including, but not limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, unavailability of materials, epidemic, pandemic, strike, earthquake, flood, or any other natural or man-made eventuality outside of our control.
12. Entire Agreement, Modification and Severability.
We reserve the right, at our discretion, to change these Terms at any time. If you do not agree with the changes, you may cancel your Reservations and request a refund as provided in Section 10. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect and the unenforceable provision shall be deemed to be modified solely to the extent necessary to make it enforceable. This Agreement represents the entire agreement governing your Reservation.
13. Limitation of Liability.
NOT APPLICABLE TO RESIDENTS OF QUEBEC. UNDER NO CIRCUMSTANCES WHATSOEVER, SUBJECT ONLY TO THE LIMITS OF APPLICABLE LAW, SHALL FORD BE LIABLE TO YOU IN RESPECT OF THE RESERVATION PROGRAM FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST PROFITS, LOSS OF BUSINESS OR LOSS OF OPPORTUNITY, REGARDLESS OF THE BASIS OR CIRCUMSTANCES OF ANY CLAIM, DAMAGE, LOSS OR EXPENSE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY CLAIMS, DAMAGES, LOSSES OR EXPENSES.
IN THE EVENT THAT WE ARE HELD LIABLE FOR ANY CLAIMS, DAMAGES, COSTS OR EXPENSES UNDER, ARISING OUT OF, OR WITH RESPECT TO THESE TERMS OR YOUR RESERVATION, OUR LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT PAID FOR YOUR RESERVATION.
14. You agree that you will defend, indemnify, release and hold harmless Ford 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 legal fees and costs) arising out of any use of the Reservation Program or Reservation by or through you, your breach or alleged breach of these 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.
15. Applicable Law, Place of Contract, Venue.
These Terms, its subject matter and its formation, and any related non-contractual disputes or claims, are governed by the laws of the Province of Ontario, except in relation to any conflict of law provisions thereof. Unless local law mandates otherwise, Ford and you agree that all lawsuits arising from or related to the Reservation Program or these Terms shall be brought in the courts located in Ontario and you consent to the jurisdiction of the Ontario courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.
FOR RESIDENTS OF QUEBEC ONLY: The parties attorn to the jurisdiction of Quebec and this Agreement shall be governed by and interpreted in accordance with the laws of the province of Quebec and the laws of Canada applicable therein.
16. Language and Privacy.
You acknowledge that a French version of this document is available to you. The parties agree that this Agreement and all other documents associated with the Agreement and all communications between us will be in English. Le titulaire de carte reconnait qu’une version francaise de cette entente est disponible. Les parties aux presentes conviennent a ce que cette entente et tous autres documents et communications soient rediges en anglaise.
For information about our policies to protect your personal information, please go to https://www.ford.ca/help/privacy/
17. Contact Us.
If you have any questions, comments, or claims regarding the Program or Reservation Process you may contact us by:
Telephone
+1 800 565 3673 (Ford Canada Customer Relationship Centre)
+1 800 658 6805 (TDD for the hearing impaired)
Available M-F 8:30 am - 8:00 pm ET
Mailing Address
Ford Motor Company of Canada, Limited
Customer Relationship Centre
P.O. Box 2000
Oakville, ON L6K 0C8
Payment Terms and Conditions
PAYMENT TERMS AND CONDITIONS
The following terms (“Payment Terms”) apply to the payment features (collectively, “Wallet”) of designated Ford mobile apps and websites, which allow you to make purchases and pay for goods or services through your stored Payment Methods (as defined below). We refer to these features generally as the “Payment” features. The Payment features are maintained and operated by Ford Motor Company of Canada, Limited (“Ford”) or its third-party payment service providers.
By clicking “I accept”, you:
• agree to be bound by these Payment Terms;
• represent that you are a resident of Canada, 18 years of age or older, and capable of entering into a legally binding agreement; and
• authorize Ford to verify the validity of your Payment Methods and to process and transmit your Payment Method information to facilitate transactions as described below.
We may modify the Payment Terms at any time. We 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 indicates 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.
We reserve 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.
a. Account Registration
To use the Payment features, you must register a valid credit card or debit card (“Payment Method”). Our registration process asks you for your name, address, credit or debit card, and associated information necessary to validate and process payments with the Payment Method. All information provided during registration must be current, accurate and complete.
You authorize Ford to confirm that your Payment Method is valid, including by submitting a payment authorization request or a low dollar authorization credit and/or debit, in accordance with the relevant rules of that Payment Method, such as the network rules of Visa, MasterCard, or American Express (“Network”). If we submit a low dollar authorization for your credit or debit card, your card is not actually being charged, and any temporary charge shown on your account will disappear in a few days. You also authorize Ford to submit your Payment Method information to our third-party service provider(s) for the purposes of updating your Wallet, Payment Method, and/or account with us.
b. How Payments Work / Our Role
The Payment features let you make payments using your stored Payment Method for goods and services offered by Ford, Ford Smart Mobility Canada Company, 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 using the Payment features (“Transaction”), the Transaction is solely between you and the Merchant, which may or may not be Ford as specified for each Transaction. You authorize our payment service providers to collect, analyze 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 your financial institution.
c. Supported Payment Methods
Most credit and debit cards with a Network brand can be used with the Payment features, though certain card types may not be used. Eligible Payment Methods are subject to change at any time.
d. 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 or a car payment (“Recurring Payments”), you may do so by following the prompts and providing the requested information. You authorize the Merchant to charge your selected Payment Method on the specified schedule. Unless otherwise stated, your Recurring Payments and the relevant billing authorization will continue indefinitely until you cancel.
e. Transaction History
When you make a payment using the Payment features, we will update your activity on the website or app where you utilized the Payment features and provide you a Transaction confirmation. In some instances, the Transaction confirmation may serve as your receipt and the Transaction will also appear on your card or account statement. Except as otherwise required by law or by the terms of another 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 unauthorized Transaction activity, you agree to contact us immediately.
f. Refunds
Except as set forth in the applicable program terms, all Transactions are 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 or applicable laws. You should review your periodic statement received from your financial institution to verify your Transactions.
g. Customer Service
We provide customer service for issues relating to how the Payment features work. For other issues – like 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.
h. Periods of Inactivity
If our records indicate that you have not used the Payment features for at least six (6) months (or another period that we may specify), we may disable your access to the Payment features.
i. Suspension or Termination
We may suspend or terminate your access to the Payment features for any reason or no reason at any time upon notice to you. Without limiting the foregoing, we may also suspend your access to any Payment features if (a) you have violated the Payment Terms, (b) you pose an unacceptable fraud risk to us, (c) you provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or (d) we notice suspicious activity.
j. 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 Payment 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) to delete all of your information and account data stored on our servers.
k. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PAYMENT FEATURES IS AT YOUR OWN DISCRETION AND RISK.
NOT APPLICABLE TO RESIDENTS OF QUEBEC: NONE OF FORD, THEIR EMPLOYEES AND SUPPLIERS, 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.
IN THE EVENT THAT WE ARE HELD LIABLE FOR ANY CLAIMS, DAMAGES, COSTS OR EXPENSES UNDER, ARISING OUT OF, OR WITH RESPECT TO THESE TERMS OR YOUR USE OF THE PAYMENT FEATURES, OUR LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT PAID THROUGH THE PAYMENT FEATURES.
l. Indemnity and Release
By using the Payment features, you agree that you will defend, indemnify, release 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 any liabilities, claims, damages and expenses (including reasonable legal 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.
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.
m. Language and Privacy
You acknowledge that a French version of these Payment Terms is available to you. The parties agree these Payment Terms, all other documents associated with the Transaction, and all communications between us will be in English.
Vous reconnaissez qu’une version française des présentes modalités de paiement est à votre disposition. Les parties conviennent que les présentes modalités de paiement, tous les autres documents associés à la transaction et toutes les communications entre nous seront en anglais.
For information about our policies to protect your personal information, please go to https://www.ford.ca/help/privacy/.
n. Applicable Law; Place of Contract and Venue
The Payment Terms are governed by, and construed in accordance with, the laws of the Province of Ontario (except in relation to any conflict of law provisions thereof). Unless local law mandates otherwise, Ford and you agree that all lawsuits arising from or relating to the Payment Terms shall be brought in the courts located in Ontario. You consent to the jurisdiction of Ontario courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.
For residents of Quebec only: The parties attorn to the jurisdiction of Quebec and the Payment Terms shall be governed by and interpreted in accordance with the laws of the province of Quebec and the laws of Canada applicable therein.
o. Miscellaneous
The Payment Terms, together with the FordPass Terms and Conditions, and any additional terms to which you agree when using particular elements of FordPass, constitute the entire agreement regarding the Payment features. 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.
p. Contact Us
If you have any questions, comments, or claims regarding the Payment features, you may contact us by:
Telephone
+1 800 565 3673 (Ford Canada Customer Relationship Center)
+1 888 658 6805 (TDD for the hearing impaired)
Available M-F 8:30 am - 8:00 pm ET
Mailing Address
Ford Motor Company of Canada, Limited
Customer Relationship Center
P.O. Box 2000
Oakville, Ontario, L6K 0C8