These terms and conditions govern your access to the Ford Online Technical Information and Services website www.etis.ford.com (the "Website"), and your use of the technical information and services on it (the "Materials"). By registering on the Website, you agree to abide by the terms and conditions set out in this Agreement. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE OR DOWNLOAD MATERIALS FROM THE WEBSITE AND CEASE TO USE IT IMMEDIATELY.

1. Contractual Agreement

   1.1 This Agreement is between your company or business ("You" or "Your") and Ford Motor Company Limited ("Ford"). The Website is administered by MSX International.

   1.2 This Agreement can be terminated by either party by giving 1 month’s prior written notice to the other party.

2. Registration

   2.1 You warrant that you satisfy the following conditions:

   • (a) You are an independent automotive-related service or repair business;

   • (b) You have given your authority to the individual registering you on the Website to enter into this Agreement on your behalf;

   • (c) You will fully and accurately complete the online registration form and forward it to Ford.

   • (d) You will pay the Pre-Payment charge (see below 2.4).

   2.2 For registration to be successful, you have to select and enter a username and password and language preference. This username and password will enable you to log onto the Website.

   2.3 It is your responsibility to keep your username / password secure and divulge it only to those employees or members of your business who have your authority to access the Website. You will be liable for all transactions and costs incurred on the Website under your password. Ford cannot be held liable for any losses you suffer or incur as a result of your failure to keep your username / password secure.

   2.4 Pre-Payment

   Following the registration process and prior to accessing Mechanical Repair, Body & Paint and Wiring Diagrams, an initial minimum Pre-Payment of 50 Euros is payable to Ford on the Website using a valid credit or debit card. This is the Initial charge for your FordEtis account. All other technical information on the FordEtis site is free of charge.

3. Charges For Use Of Website

   3.1 All payments on the Website must be made in Euros or Pounds Sterling using a valid credit or debit card. No other payment method is available.

   3.2 The usage charges for accessing Technical Information and the Hotline are shown under the "Charging" tab on the FordEtis home page. Access to the Technical Hotline is subject to the separate Terms and Conditions for the Technical Hotline.

   3.3 Credit Balance

   Your current Credit Balance will be shown on screen when you are logged onto the Website. The Charges are automatically deducted from your Credit Balance. You can top up your Credit Balance by entering your credit or debit card details, at any time or when your Credit Balance reaches zero. Top up Credit is only available in multiples of 10 Euros, with a minimum top up of 50 Euros.

4. Conditions Of Use

   4.1 You may only use the Materials in the course of your automotive related service and/or repair business and/or modifications to vehicles. You must not distribute this information to third parties or modify or repost it to other websites. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.

   4.2 If you do not comply with the obligations in clause 4.1 above, Ford will be entitled to suspend your access to the Website and/or terminate this Agreement with immediate effect. Any unused Credit Balance will be retained by Ford by way of liquidated damages in respect of any loss that Ford suffers as a result of your breach of clause 4.1.

   4.3 Subject to your continued compliance with this Agreement, Ford grants you a non-exclusive, non-transferable, limited right to access, use, display, and listen to the Website and the Materials on it. This right is not a transfer of title in the Materials or copies of the Materials and is subject to the following restrictions:

   • (a) You must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials;

   • (b) You may not modify the Materials in any way or reproduce or publicly display, perform, distribute, or otherwise use them for any public or commercial purpose;

   • (c) You must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use.

5. Safety Information

   Access to the Materials is intended to allow you to undertake repair or servicing work on unmodified Ford motor vehicles or on Ford vehicle conversions/modifications in accordance to BEMM. This work should only be carried out by trained automotive mechanics who are fully qualified and with up-to-date skills. Where a special tool is referred to in the Materials, it is essential that this tool is used for proper repairs. Ford will not be liable for any losses you incur or suffer as a result of your failure to comply with this clause 5.

6. Vehicle Conversions Disclaimer

   Any person registering to FordEtis with the intention of modifying Ford vehicles agrees to the following:

   6.1 The warrant for the design, materials and construction must be for a period at least equal to the applicable Ford warranty. Furthermore, any modified vehicle must comply with the European General Product Safety Directive 2001/95/EC (as amended periodically).

   6.2 In addition to the above, users of the BEMM further agree to release Ford from all claims by any third party for any cost or loss (including any consequential damages) arising from their modifications to any vehicle unless Ford has given its prior written consent to such liability. The user shall be liable for any product liability (whether for death, personal injury or property damage) arising from any modification to a Ford vehicle or component made by the user or any of its agents.

7. Warranty And Liability

   7.1 Nothing in this Agreement is intended to exclude Ford’s liability for death or personal injury.

   7.2 Ford provides the Website for informational purposes only. It is your responsibility, as an experienced repairer or servicer of Ford motor vehicles, to satisfy yourself of the suitability and accuracy of the information you have downloaded from the Website and the manner in which you use that information. Ford does not warrant that the information accessible via this Website is accurate, complete or current, nor that the Website or any function or material within it will be fault or error free.

   6.3 Except as specifically stated in this Agreement all warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted at law, and neither Ford nor any of its affiliated companies, directors, employees or other representatives will be liable for any loss you suffer or incur arising out of or in connection with your use of this Website or the information, content, materials or products included on the Website.

8. Copyright And Trademark Statement

   8.1 All text, images, graphics, animation, videos, music, sounds, and other materials on the Website are subject to the copyrights and other intellectual property rights of Ford, its affiliated companies (including Ford Motor Company, a company incorporated in the State of Delaware, US, and its licensors. Ford or its affiliated companies own the copyrights in the selection, coordination, and arrangement of the Materials on this Website.

   8.2 All trademarks displayed on the Website are subject to trademark rights of Ford or its affiliated companies. The unauthorized use of any trademark displayed on this site is strictly prohibited.

   8.3 This site, including all Materials, is protected by worldwide copyright laws and treaty provisions, whether or not a copyright notice is present on the Materials. You agree to comply with all copyright laws worldwide in your use of the Website and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Ford does not grant any express or implied right to you under any patents, trademarks, or copyrights.

9. Alterations

   Ford reserves the right to alter or amend these terms and conditions at any time. Price and availability information is subject to change without notice, however Ford will use reasonable endeavors to notify you of any other changes. You should periodically check the date of these terms and conditions to determine whether any amendment has been made.

10. Applicable Law

    These terms and conditions are subject to English Law and both you and Ford both agree to submit to the jurisdiction of the English Courts.

Issue date: 19 April 2006