PowerTorque Finance

 

Conditions of Use

General

The PowerTorque Finance (PTF) Website is a service provided by Toyota Finance Australia Limited for the following purposes:

a) informing its Customers,

b) enabling Customers to provide information to Toyota, and

c) providing information and commercial services to Business Partners.

By accessing or otherwise using the PTF Website you agree to be bound by these conditions of use and you acknowledge that PTF provides the PTF Website to you on these conditions of use. PTF is entitled at its sole discretion to change, modify, amend, add or remove any part of these conditions of use and to change, amend or delete any features of the PTF Website at any time without notice. Your continued use of the PTF Website after this time constitutes an agreement by you to abide by and be bound by these conditions of use, as so amended.

Intellectual Property Protection

PTF owns all intellectual property in the PTF Website, unless indicated otherwise. Subject to these conditions of use, PTF grants to you a non-exclusive and non transferable limited licence to do the following:

  • View and download information directly accessible through the PTF Website.
  • Use information directly accessible through the PTF Website.

You agree that, subject to your use of the PTF Website in accordance with the limited licence granted to you, you will not infringe PTF’s intellectual property in the PTF Website and will not modify, copy, republish, frame, distribute or communicate any part of the PTF Website or any information contained therein or otherwise use them in a way which will infringe PTF’s intellectual property or other property rights.

Disclaimer

Except as provided by law, the PTF Website is provided “as is” and without any warranty or condition, express or implied. PTF does not warrant that the information contained in or accessible through the PTF Website is accurate, suitable for your purposes or without errors, omissions or viruses nor does PTF guarantee continuous, uninterrupted or secure access to the PTF Website. You acknowledge that access and use of the PTF Website (including the software operating in connection with the PTF Website) may be interfered with by numerous factors outside of PTF’s control. PTF does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the PTF Website. Subject to the provisions of the Trade Practices Act 1974, PTF makes no representations or warranties in respect of the information and materials available on the PTF Website or the means of accessing that information and material (including the software operating in connection with the PTF Website). PTF makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than PTF which are or may become linked or framed to or from the PTF Website.

Use of Information

If you upload or otherwise provide any information or content (‘Content’) in the course of accessing or using the PTF Website, you agree that such Content will be available to PTF to use in any manner it thinks fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any Content which:

  • is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading; or
  • infringes the intellectual or other proprietary interests of third parties; or
  • impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services PTF considers to be inappropriate; or
  • contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the PTF Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the PTF Website or otherwise breaches or encourages other users to breach these terms of use; or
  • violates any law, statute or regulation; or
  • forges information to disguise the origin of any Content; and
  • encourages or incites any other Customer to engage in any of the above behaviour.

You agree to grant PTF a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in our favour.

Limitation of Liability

You agree that PTF is not liable to you or anyone else for any loss or damages (including direct, indirect, special or consequential loss) arising out of or in connection with the use of the PTF Website, the use by PTF of information provided by you to PTF through the PTF Website or any such loss or damage which may arise should you be unable to access the PTF Website, for whatever reason and however arising, including negligence.

To the extent that PTF is able to limit the remedies available under these conditions of use, PTF expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at PTF’s sole discretion):

  • in the case of goods, any one or more of the following:
  • the replacement of the goods or supply of equivalent goods;
  • the repair of the goods;
  • the payment of the costs of replacing the goods or of acquiring equivalent goods; or
  • the payment of the costs of having the goods repaired; and
  • in the case of services:
  • supply of the services again; or
  • the payment of the cost of having the services supplied again.

You indemnify PTF against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to

  • your breach or non-observance of any term of these conditions of use; or
  • any breach or inaccuracy in any of your representations or warranties.

Links

You must not establish links on any other website to the PTF Website or any other part or parts of the PTF Website without the prior written consent of PTF. If you would like us to link to your website, please contact to sign up to our Standard Linking Agreement.

Breach and termination

If you breach any provision of these terms of use PTF may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the PTF Website. In any event, PTF may terminate these terms of use (and your right to use the PTF Website) at any time and for any reason without prior notice to you.

Choice of Law and Use of PTF Website

These conditions of use, and the agreement of which they form part, is to be governed by the laws of the State of Victoria, Australia. PTF has designed the PTF Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the PTF Website outside the Commonwealth of Australia. The PTF Website is available only to people in Australia who can form legally binding contracts under applicable law.

No agency

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and PTF by these terms of use.

Defined Terms

Business Partner: means any licensed motor dealer to whom PTF grants access to the Business Partner section of the PTF Website and includes officers agents and employees of the licensed motor dealer.

Customer: means existing or potential customers of PTF or persons accessing or otherwise using the PTF Website for domestic or commercial purposes, other than Business Partners.

PTF: means PowerTorque Finance, a division of Toyota Finance Australia Limited ACN 002 435 181

PTF Website: means the website accessible through the following address www.powertorquefinance.com.au operated by Toyota Finance Australia Limited ACN 002 435 181

you: means Business Partners or Customers of PTF as the case may be.