These Conditions of Use apply to any use by you of PowerTorque Finance Online websites, effective from 25 October 2023. These sites will be hereafter referred to as PowerTorque Finance Online .
PowerTorque Finance Online is provided by PowerTorque Finance, a division of Toyota Finance Australia Limited (TFA) ABN 48 002 435 181.
These Conditions of Use may be accessed by visiting the PowerTorque Finance Online website at www.powertorquefinance.com.au .
- Some things you should know
In these Conditions of Use the meanings of words emphasised in this way have the meaning given in clause 2 below.
These Conditions of Use govern your access to and use of the facilities on this website and any transactions you perform using this site. To the extent that there is any inconsistency between these Conditions of Use and the terms of your finance contract with us, those terms will apply.
When first accessing PowerTorque Finance Online, you will be prompted to confirm your acceptance of these Conditions of Use.
If you believe that your password has become known to another person, please immediately refer to clause 8 which outlines the action you must take to limit your liability.
If you have any concerns regarding PowerTorque Finance Online functionality, please contact the Customer Service Team on 137 800 (PowerTorque Finance Online), 8:30am - 7:00pm Monday to Friday (AEST/ADST) or by emailing us on finance@powertorquefinance.com.au
- Meaning of words
balance refers to the balance of your finance contract at the close of business the previous day. This amount is not the payout amount.
customer means you in your capacity as a borrower, hirer and lessee or guarantor of a finance contract with us.
customer number means a number issued by us to you which when combined with a password may be used to access PowerTorque Finance Online .
finance contract means any loan, commercial hire/term purchase or lease facility between you and us. It includes any facility in which you are described as a borrower, hirer, lessee or guarantor. Your finance contract may also be described as an “account”.
guarantor is a person disclosed on the finance contract as a guarantor.
password means a specified alphanumeric combination set by you to allow access to your finance contract or account. To set your password the following rules apply -
- it must not contain the customer number
- it must be between 8 and 16 characters long
- it must contain characters from three of the following four categories:
a) uppercase characters (A - Z)
b) lowercase characters (a - z)
c) digits (0 - 9)
d) non-alphabetic characters (e.g. !, $, #, %)
- it must be different from any of your last 6 passwords
payout amount means the amount required to payout all moneys owing to us under your finance contract as at a given date. It may include any principal amount outstanding, interest, fees and other permitted charges.
service request means any change or query made through PowerTorque Finance Online
PowerTorque Finance Online means a secure internet website service through which you can view and access information about your finance contact or account, or make a service request.
unauthorised request means a service request made without your consent or the consent of a customer who is a party to your account.
us, we and our means PowerTorque Finance, a division of Toyota Finance Australia Limited ABN 48 002 435 181.
you and your means a customer who has accepted these Conditions of Use.
- Use of PowerTorque Finance Online
Customers may use PowerTorque Finance Online, unless we tell you otherwise, to:
• view transactions, balances, finance contract and personal details,
• change payment amount or payment method
• change address and contact details,
• create a statement or payout amount in respect of your finance contract.
Subject to these Conditions of Use, you are deemed to have authorised any access to your finance contract or any service request which is carried out using your customer number and password.
Where you are a joint customer you also authorise any service request or transaction on your finance contract which is carried out by another of the joint customers using their customer number and password.
A finance contract in joint names can only be accessed by those customers who have been given access to their finance contract under these Conditions of Use.
In seeking access to PowerTorque Finance Online and performing any permitted activity those customers represent and warrant that they have the authority of the other joint customer/s to access and use the facilities of this website in respect of their finance contract and agree to indemnify us against any claim and liability made against us by any other joint customer arising out of such access and use.
- Changes to Conditions of Use
We may, at any time, add to, remove, or change the functionality and/or appearance of PowerTorque Finance Online, or change these Conditions of Use without your consent.
We will notify you of any changes to these Conditions of Use by displaying a notice outlining the changes and detailing any changes to these Conditions of Use when you login to PowerTorque Finance Online. Before you can enter the secure pages of PowerTorque Finance Online you will be required to accept these changes before you will be able to proceed. If you do not accept the changes you will be denied any further access to the site.
- Termination of PowerTorque Finance Online
You may terminate the usage PowerTorque Finance Online by notifying us in writing or by contacting us on 137 800 (PowerTorque Finance Online), 8:30am - 7:00pm Monday to Friday (AEST/ADST) or by emailing us on finance@powertorquefinance.com.au
We may terminate your access to PowerTorque Finance Online in relation to your finance contract or generally at any time by giving you written notice sent to the most recent address provided by you.
We may suspend or cancel your access to PowerTorque Finance Online at any time without notice to you if we believe there is a security concern or you fail to comply with these Conditions of Use.
- Availability of information
The information available on PowerTorque Finance Online regarding transactions, balances and any other information relevant to your finance contract may not always be completely up to date. However, in most cases the information will reflect transactions and balances up to the close of business on the previous business day.
- Your general responsibilities
You agree that you will:
- set your password when you first access PowerTorque Finance Online and thereafter whenever we require you to do so;
- change your password as soon as you know or suspect that it may have been disclosed to another person;
- not choose a password which is the same as another password which is known to any other person;
- not choose a password which contains any part of your date of birth, any recognisable part of your name, or any part of your home, business or mobile telephone number;
- keep your password secure and not disclose it to any other person;
- commit your password to memory and not keep an identifiable record of it;
- take proper care when accessing PowerTorque Finance Online to ensure that your password is not disclosed to anyone else;
- promptly notify us if you notice any apparent discrepancy in your finance contract details/transactions/balances/service requests; and
- use other means to effect transactions, service requests and access information on your finance contract in the event that PowerTorque Finance Online is unavailable or is malfunctioning.
- What you must tell us
You must notify us immediately if:
- you become aware or suspect that your password has become known to any other person;
- a computer which you use or have used to access PowerTorque Finance Online is lost, stolen or fraudulently used;
- you become aware of any unauthorised transaction or error on your finance contract which arises in connection with PowerTorque Finance Online; or
- you believe that you have been fraudulently induced to make a transaction on your finance contract.
You can contact us on 137 800 (PowerTorque Finance Online) 8:30am - 7:00pm Monday to Friday (AEST/ADST) or by emailing us on finance@powertorquefinance.com.au
- Exclusion of our liability
Subject to any warranty implied by law that cannot be excluded, we will not be liable for any losses which arise in connection with:
- the reliance by any party on any information obtained through the use of PowerTorque Finance Online;
- any request to perform a transaction or service request which is not accepted or received by PowerTorque Finance Online for any reason including as a result of any technical, processing or user error;
- the processing of any transaction on the next banking day after you have requested it;
- any failure or delay of PowerTorque Finance Online to provide information or perform requested transactions or service requests which is caused by any matter beyond our control.
except to the extent that such losses are a result of our fraud, negligence, or wilful misconduct.
- Your liability for unauthorised transactions
You will be liable for any transaction or service request which is carried out with your knowledge and consent, in addition to any losses which arise in connection with the following:
- a mistake by you in relation to a transaction request, including where you enter the incorrect information;
- the voluntary disclosure of your password to anybody, including to a friend or family member;
- any fraud or theft committed by you or by any person to whom you have voluntarily disclosed your password;
- any failure by you to comply with your responsibilities as set out in clause 7; or
- any unreasonable delay by you in failing to notify us of a matter in clause 8, however in this case your liability will extend only to losses which occur between the time when you actually became aware, or ought to have become aware of the relevant matter, up until the time that we are notified of that matter.
If you are liable under clause 10 for losses which arise in connection with an unauthorised transaction on a finance contract, your liability will not extend to:
- the portion of any loss which exceeds the available balance of that finance contract at the time of the transaction;
You will not be liable for any losses which arise in connection with:
- any error made by, or any fraudulent or negligent conduct of, our employees or agents;
- an expired or cancelled password;
- any use of PowerTorque Finance Online which occurred before you received your customer number and/or password;
- any unauthorised transactions or service requests which take place after you have notified us of any of the matters referred to in clause 8.
- Indemnity
You agree to indemnify us against any loss or damage (including any consequential loss or damage) which we may suffer in connection with any claim, demand or action of any kind brought against us arising directly or indirectly where you have:
- breached these Conditions of Use in any way; and/or
- acted negligently or fraudulently in connection with PowerTorque Finance Online
except to the extent that such losses are a result of our fraud, negligence, or wilful misconduct.
- Privacy
We may collect and hold your personal information in accordance with our Privacy Policy at www.powertorquefinance.com.au/privacy-policy.
You must notify us if any of your personal information changes.
You consent to us disclosing your personal information to any bank or financial institution with which you hold an account which is to be the subject of a direct debit request service agreement authorised by your PowerTorque Finance Online.
- Governing Law
Your agreement to abide by these Conditions of Use, and the transactions carried out or contemplated by PowerTorque Finance Online are governed by the law in force in New South Wales. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of its courts exercising jurisdiction there.