Online Payment Customer Terms & Conditions
In these terms and conditions, capitalized terms have the following meanings:
a) Accessories means items available through the Build & Price specifically for the Vehicle,
plus Ford approved accessories available from Ford Dealers.
b) Build & Price means the pages of the Ford Website that allows a Customer to build and price Vehicles.
c) Dealer Contract of Sale means the contract to purchase a Vehicle between a Customer and their selected Ford Dealer.
d) FMA means Ford Member Account.
e) Ford means Ford Motor Company of Southern Africa (Manufacturing) (Pty) Limited.
f) Ford Dealer means an authorised Ford Dealer who participates in this Program.
g) Ford Website means ford.co.za
h) Program means Ford’s online reservation program in respect of the Vehicles as described
in these terms and conditions.
i) Vehicle means a new Ford vehicle that is capable of being reserved under the Program.
j) Vehicle Purchase Price has the meaning set out in paragraph 3(g).
k) Online Reservation means the ability for a Customer to submit a reservation to Ford Dealer through the Ford Website [www.ford.co.za]. Online Reservation provides a convenient way for the Customer to reserve participating Vehicles in the program - from anywhere at anytime, without taking a trip to a Ford Dealer. An Online Reservation is made based on estimated price. Online Reservations can be cancelled by either Customer or by the Ford dealer with which the Customer transacts with.
l) Reservation Fee means the amount that the Customer will pay the Ford Dealer via the Ford Website [www.ford.co.za] to reserve a Vehicle. This not a deposit for a vehicle, but may be deducted from the vehicle price, once an order is confirmed by the Ford Dealer.
m) Online Reservation Cancellation means the ability for a Customer that reserved a Vehicle to cancel a reservation through the Ford website and for the Ford Dealer to cancel the reservation online through Ford Dealers’ system.
n) MSRP means Manufacturer’s Suggested Retail Price
2) Eligibility and Acceptance
a) To participate in the Program, the Customer must be aged 18 years or over and must be registered for an FMA. If you don’t have an FMA, you must create one and agree to any FMA terms and conditions.
b) By accepting these terms and conditions, the Customer agree to be bound by these terms and conditions.
c) The Customer may not participate in the Program if the Customer is a broker, and the Customer may only reserve a Vehicle/s in the Customer’s own name. Ford reserves the right to cancel the Customer’s reservation should this condition be breached.
d) A reservation for a Vehicle made by a Customer is non-transferable to another Customer or Ford Dealer.
e) Ford Dealers is not allowed to reserve a Vehicle on behalf of a Customer. All reservations must be made by an individual Customer on their own behalf.
f) A reservation fee is not a deposit.
3) Reservation Process
a) Subject to Vehicle availability, a Customer can reserve a maximum of 2 Vehicles per nameplate via the Program, although a Customer can only reserve one Vehicle at a time via the Program.
b) To reserve a Vehicle, the Customer is required to visit the Ford Website, configure their Vehicle through the Build & Price functionality, confirm their configuration, select the Ford Dealer from whom they intend to purchase the Vehicle, Register or Log-in to the Ford Member Account, and pay the Reservation Fee.
c) The Customer is responsible for reviewing the summary reservation information, which includes the Ford Dealer, Vehicle Model, Estimated Price and Reservation Amount before paying the Reservation Fee and completing the reservation.
d) After the Reservation Fee is paid and the reservation is completed, the Customer is not allowed to change the Ford Dealer for the respective reservation. Should the customer want to change the Dealer after the reservation is completed, the Customer must cancel the reservation and create a new reservation.
e) A successful reservation made online will be visible in the Customer’s FMA. After the Customer has made a reservation, but before order confirmation, changes to vehicle configuration can be organized directly with the Customer’s selected Ford Dealer. Changes made directly with the Ford Dealer will not be reflected in the Customer’s FMA. Alternatively, an existing reservation that is yet to progress to a confirmed order in the Customer’s FMA may be cancelled via the FMA, allowing the Customer to place a subsequent reservation online with the Customer’s desired configuration in replacement of the Customer’s previously cancelled reservation.
f) Please note, cancelling a reservation and placing a new reservation may impact the processing time of the order and the Customer’s waiting time.
g) After The Customer’s selected Ford Dealer has received the reservation information , the Ford Dealer will contact The Customer within two (2) business days.
4) Purchasing The Vehicle
a) The Customer and the Customer’s selected Ford Dealer will discuss the exact details of the Vehicle the Customer wishes to purchase, including the following:
(i) the specific variant, colour, specifications and any Accessories that the Customer wishes to add to the Vehicle;
(ii) the Vehicle Purchase Price. The Ford Dealer is the seller of the Vehicle and determines, the price at which it is willing to sell the Vehicle to the Customer; and
(iii) if, and when the details above are agreed, The Customer will sign a Dealer Contract of Sale.
b) The Customer agrees and understands that the Ford Dealer may require payment of a deposit (separate from the Reservation Fee) as part of the Dealer Contract of Sale.
c) After The Customer signs a Dealer Contract of Sale:
(i) the Customer will be required to pay the Dealer the Vehicle Purchase Price less any deposit and less the Reservation Fee paid to the Dealer; and
(ii) the Dealer will deliver the Vehicle to you in accordance with the Dealer Contract of Sale.
5) Important Information About Your Reservation
a) Online Reservation allows a Customer to conveniently reserve the opportunity to purchase a Vehicle from the Customer’s preferred Ford Dealer (subject to stock availability) by indicating their interest.
b) The Customer acknowledges and accepts that an online reservation is not:
(i) a deposit for a vehicle;
(ii) an order for a specific Vehicle;
(iii) a contract of sale of the Vehicle with the Ford Dealer;
(iv) Ford or a Ford Dealer guaranteeing Vehicle availability;
(v) placing a direct Vehicle order with Ford or a Ford Dealer;
(vi) linked directly to a Ford Dealer’s inventory;
(vii) a guaranteed set price for the Vehicle;
(viii) to be treated as a priority over any other customer who reserves a Vehicle
either online through the Program, or in person at a Dealer.
c) The Customer’s reservation for a Vehicle is non-transferable and cannot be assigned to another customer or Ford Dealer. The name and details that the Customer provided when making their reservation must be the same on the Dealer Contract of Sale.
6) Reservation Fee Payment
a) Ford reserve the right to set a Reservation Fee for each vehicle. Ford may change the Reservation Fee by vehicle to vehicle at any time and without prior warning.
b) The Customer must agree that the Reservation Fee is not the final vehicle price before completing a reservation.
c) The Customer may cancel the reservation with a full refund before the status of the reservation ID changed to ‘Delivery Scheduled” by the Ford Dealer.
d) The Ford Dealer accepts the reservation as a partial payment of the final price of the vehicle.
e) The Reservation Fee can only be paid for using of the following methods, Credit Card or Debit Card via PayU on the Ford Website [www.ford.co.za]. No other forms of payment will be accepted.
f) By paying the Reservation Fee, the Customer transacts directly with the selected Ford Dealer. Once paid, the Reservation Fee will be sent to the selected Ford Dealer’s account automatically.
g) By submitting a reservation, a Customer is not ordering or purchasing a vehicle. A reservation simply provides the convenience for the customer to reserve a vehicle without taking a trip to a Ford Dealer. A Ford Dealer will reach out to the Customer to assist with the purchasing process.
h) Payment is a direct transaction between the Customer and PayU.
i) The Customer must accept Ford Reservation Terms & Conditions and PayU Terms & Conditions before proceeding with the payment process.
j) In the case of a cancellation being done, the full reservation amount will be refunded to the Customer via PayU.
k) For issues related to Payment Method like cancellation, returns and refunds, product functionality or technical support, the Customer may contact PayU Customer Support.
7) Online Reservation Confirmation & Next Steps
a) Ford Dealer shall contact the customer offline to confirm vehicle availability and the final price.
b) Online Reservation includes the reference number, vehicle model, MSRP, amount paid and selected Ford Dealer. This serves as easy reference for the Customer when interacting with the selected Ford Dealer to complete the buying process.
c) The Customer’s information provided in the reservation process, together with the reservation details will be sent to their selected Ford Dealer to guide the Customer through the next steps to complete the buying process.
d) The Customer’s selected Ford Dealer will make contact within two (2) business days of the Customer’s reservation being confirmed by Ford.
e) After the final price is agreed between Customer and Ford Dealer, and the reservation contract is signed, the Ford Dealer will work to fulfil the Customer demand.
f) Amending Online Reservation is not allowed online after a reservation is successfully generated. The Customer may contact the Ford Dealer to support with required amendments.
8) Cancel Online Reservation & Refund
a) The Customer may cancel a reservation and receive a full refund through the ‘Manage Screen’ or request the Ford Dealer to cancel the reservation prior to signing a physical reservation contract with their selected Ford Dealer and before the status of the reservation is changed to ‘Delivery Scheduled’. Please contact your Ford Dealer for full program details. Some restrictions/conditions may apply.
b) If the customer cancels the reservation online, the refund will be triggered automatically. The Reservation Fee amount will be transferred from the Ford Dealer Merchant Store ID to the Customer’s original form of payment directly within fourteen (14) business days .
c) If the Customer requests a Ford Dealer’s support to cancel a reservation, the Ford Dealer can cancel the reservation on the Customer’s behalf, and must refund the full reservation amount to the Customer within fourteen (14) Business Days.
d) The Customer may initiate a cancellation through the Ford website [www.ford.co.za] or request support from the selected Ford Dealer.
9) Completing The Reservation With Selected Ford Dealer & Delivery
a) By participating in this Program, Customers agree and understand that the Ford Dealer may require payment of a deposit for the Vehicle with the Ford Dealer.
b) The Customer name on the Offer To Purchase for the Vehicle with the Ford Dealer must match the name on the Vehicle reservation. If the name is different, Ford reserves the right to cancel the reservation and order.
d) In the event that the selected Ford Dealer is unable to provide the Customer with the exact Vehicle they have built and reserved, the selected Ford Dealer will provide the Customer with alternative Vehicle option/s. The Customer may choose to accept or reject these alternatives.
e) Should the Customer reject these alternatives and not proceed with their reservation, the selected Ford Dealer will refund the Reservation Fee to the Customer. Once the Reservation Fee has been refunded, the Vehicle will be allocated by Ford to another Customer.
f) Ford reserves the right to deactivate the Online Reservation Program form for the Vehicle at any time, and without prior notice.
g) If a waiting list to reserve the Vehicle is implemented, the order of the waiting list will be based on criteria deemed appropriate by the Ford Dealer, in its sole discretion.
h) Ford reserves the right to add, vary or remove terms, conditions and criteria at any time (whilst providing appropriate notice to the customer). Should the Program not be capable of running as planned, Ford reserves the right to take any action that may be available to it and any action taken, or decisions made by Ford in relation to the Program and these terms and conditions, are final and binding.
i) After the customer has finalised the purchase with their selected Ford Dealer, the order for their Vehicle is considered by Ford to be ‘confirmed’.
a) The information you provide in connection with the Program, including your contact
details, the details of the Vehicle and the booking reference, will be provided to your
selected Ford Dealer by Ford.
b) Ford may use and disclose personal information you provide in connection with the
(i) the purpose of conducting this Program; and
c) We are using PayU as the provider of payment processing services for this purchase. PayU is a global company with affiliates and service providers located around the world. As such, in providing payment processing services to you, your personal information may be processed either locally in the country where you reside, or where the PayU payment provider or the PayU payment provider’s approved third-party service provider operates. In providing this service, PayU may transfer and process personal information about you to countries other than your country. These countries may have data protection rules that are different from your country. These countries may not have data protection laws which are similar to your country.
a) Ford reserves the right to discontinue or modify the Program (or suspend access to
reservation function on the Ford Website) at any time.
b) The Customer represents and warrants that all information provided in connection with the Program is accurate. Ford and the Ford Dealers shall not have any responsibility or liability for inaccurate information or information that later becomes outdated.
c) Ford reserves the right to cancel a Customer’s reservation or confirmed order at any time and to add, vary or remove terms, conditions and criteria at any time provided it has provided appropriate notice to the Customer. Should the Program not be operating as intended by Ford, Ford reserves the right to take any action that may be available to it and any action taken, or decision made by Ford in relation to the Program and these terms and conditions, are final and binding.
d) You, Ford and the Ford Dealers will not be liable for any failure or delay in the performance of its obligations under these terms and conditions to the extent such failure or delay is caused by any circumstance not within the reasonable control of the affected party.
e) These terms and conditions are governed by and interpreted in accordance with the laws of South Africa and the parties submit to the non-exclusive jurisdiction of its courts.
f) To the fullest extent permitted by law, Ford will not bear liability for any loss (including any damage, claim, injury, cost or expense, including loss of opportunity) which you may suffer or incur in connection with the Program, reservation or use of the Ford Website, including but not limited to any technical difficulties or access issues with the Ford Website (whether or not under Ford’s control).
Online Payment Terms & Conditions
The following terms (“Payment Terms”) apply to the payment features of designated Ford mobile apps and websites, 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 or their third-party payment service providers.
If the Customer uses the same login information for other Ford mobile apps and websites, the Customer’s Payment Methods will automatically be synched when the Customer accesses the Payment features of the other apps and websites.
By clicking “I accept,” you:
• agree to be bound by these Payment Terms;
• the Customer represents that they are 18 years of age or older and capable of entering into a legally binding agreement; and
• authorize Ford to verify the validity of the Customer’s Payment Methods and to process and transmit the Customer’s Payment Method information to facilitate transactions as described below.
Ford may modify the Payment Terms at any time. Ford will alert the Customer through the App, website, and/or by email or by SMS 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 the Customer’s continued use indicates the Customer’s acceptance of the modified Payment Terms.
If a Customer does not agree to the Payment Terms or any modifications to the Payment Terms or features, the Customer’s only option is to stop using the Payment features.
Ford reserves the right to update, modify, suspend, or discontinue any part of the Payment features at any time without any notice or obligation to the Customer. Payment features may not be available during maintenance breaks and other times.
1) Payment Methods
To use the Payment features, Ford may request the Customer to provide a valid credit card, debit card or an eligible bank account Mobile banking, Internet Banking* (“Payment Method(s)”) and Ford may elect to store the Customer’s Payment Methods for future transactions (“Wallet”) or use the Customer’s Payment Method in a one-time transaction (“Guest Checkout”) . Our process requires a Customer to enter their name, address, credit card, debit card and associated information necessary to validate and process payments with the Payment Method. All information provided during this process must be current, accurate and complete.
2) Payment Work / Ford’s Role
The Payment features allow a Customer to make payments using a Customer’s Payment Method for Reservation Fee including goods and services, if any, offered by Ford 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.
The Customer acknowledges and agrees that when the Customer makes a purchase using the Payment features (“Transactions”), the Transaction is solely between the Customer and the Merchant, which may or may not be Ford as specified for each Transaction. The Customer authorizes Ford’s payment service providers to collect, analyze and relay information generated in connection with Transactions. Transactions are subject to the terms and conditions governing the Customer’s Payment Method and to any agreements between the Customer and the Customer’s financial institution.
3) Supported Payment Methods
Most credit and debit cards 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.
4) Recurring Payments**
If a Merchant offers the Customer the ability to use the Payment features to make recurring payments on a monthly or other periodic basis, such as a subscription (“Recurring Payments”), the Customer may do so by following the prompts and providing the requested information. The Customer authorizes the Merchant to charge the Customer’s selected Payment Method on the specified schedule. Unless otherwise stated, the Customer’s Recurring Payments and the relevant billing authorization will continue indefinitely until the Customer cancels.
5) Transaction History
When the Customer makes a payment using the Payment features, Ford will update the activity on the website or App where the Customer utilized the Payment features and provide a Transaction confirmation. In some instances, the Transaction confirmation may serve as a receipt and the Transaction will also appear on the Customer’s card or account statement. Except as otherwise required by law or by the terms of another agreement between us, Customers are solely responsible for:
(a) compiling and retaining permanent records of all Transactions and other data associated with the Customer’s use of the Payment features, and
(b) reconciling all transaction information associated with the Payment features. If the Customer believes that there is an error or unauthorized Transaction activity, the Customer agrees to contact Ford immediately.
The Customer may have additional refund or charge-back rights based on a Merchant’s policies or under the agreement with the preferred financial institution. Customers should review their periodic statement received from the financial institution to verify their Transactions.
7) Customer Service
Ford provides customer service for issues relating to how the Payment features work. For other issues – like pricing of goods and services, order fulfilment 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.
8) Periods Of Inactivity
If Ford’s records indicate that the Customer has not used the Payment features for at least six (6) months (or another period that we may specify), we may disable the Customer’s access to the Payment features.
9) Suspension Or Termination
Ford may suspend or terminate the Customer’s access to the Payment features for any reason or no reason at any time upon notice to the Customer. Without limiting the foregoing, Ford may also suspend the Customer’s access to any Payment features if:
(a) the Customer has violated the Payment Terms,
(b) the Customer poses an unacceptable fraud risk to Ford,
(c) the Customer provides any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or
(d) Ford notices suspicious activity.
10) Effect Of Termination
Ford will not be liable to the Customer or any third party for compensation, reimbursement, or damages in connection with the Customer’s use of the Payment features, or any termination or suspension of the Payment features or the Customer’s access to it, including with respect to any deletion of the Customer’s information or account data. If the Customer’s Payment account is terminated for any reason or no reason, the Customer agrees:
(a) to continue to be bound by the Payment Terms and remain responsible for any Transactions that the Customer 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 the Customer’s information and account data stored on Ford servers.
THE CUSTOMER UNDERSTANDS AND AGREES THAT THE CUSTOMER’S USE OF THE PAYMENT FEATURES IS AT THE CUSTOMER’S OWN DISCRETION AND RISK, AND 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.
12) Indemnity And Release
By using the Payment features, the Customer agrees that they 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 attorneys’ fees and costs) arising out of any use of the Payment features by or through the Customer, the Customer’s breach or alleged breach of the Payment Terms, or the Customer’s violation or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. Ford reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Customer, and, in such case, the Customer shall agree to cooperate with our defence of such claim.
The Customer acknowledges and agrees that the Customer’s App store provider has no liability, responsibility or obligation to the Customer, including with respect to the investigation, defence, settlement or discharge of a third party’s intellectual property infringement claim.
The Payment Terms, together with any additional terms to which the Customer agrees to when using the Payment features (including the terms and conditions of the product/service that Customers are purchasing, applicable Privacy Policies, etc.) constitute the entire agreement regarding the Payment features. The Payment Terms are governed by, and construed in accordance with, the laws of the Republic of South Africa 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.
12) Contact Ford
If Customers have any questions, comments, or claims regarding the Payment features, the Customer may contact Ford by finding Ford’s local contact information by going to the Contact Us Page on Ford’s website or by contacting Ford as follows:
0860 011 022
Ford Motor Company Southern Africa Pty Ltd
Simon Vermooten Rd,
*Bank Account, Mobile Banking, and Internet Banking will be available at later phase.
**This feature will be available at later phase.