ONLINE PORTAL TERMS AND CONDITIONS
AGREEMENT
1. Skyline Car Finance is a trading name of Nissan Financial Services Australia Pty Ltd (“Skyline”) ABN 70 130 046 794 Australian Credit Licence Number 391464 of 1 Peters Avenue, Mulgrave, Victoria, 3170 provides you the customer (“You”) the ability to access the Skyline Online Portal and related services. Access to the Skyline Online Portal services is subject to the Terms and Conditions set out below.
2. You must only use this service if you are the account holder and over 18 and you have the legal capacity to contract in Australia.
3. If you do not agree to these Terms and Conditions you must cease your access to the Skyline Online Portal and use of the related services.
4. You will only have access to the financial accounts for which you are financially responsible.
YOUR USE OF THE SKYLINE ONLINE PORTAL
5. Unless otherwise informed, you may use the Skyline Online Portal for the following service requests:
(a) view transactions, balances, contract or personal details;
(b) change your payment amount or frequency;
(c) make an ad-hoc, one-off payment on your account.
6. Unless expressly stated otherwise, the information, products and services accessible via the Skyline Online Portal are directed at and provided to persons in Australia only.
7. You should be careful about using services which offer to interface with the Skyline Online Portal or other means of electronic banking on your behalf. For example, you may be led to believe that you are inputting your details into the Skyline Online Portal while in fact you are disclosing your details to a third party hosting a hoax website.
8. You acknowledge that Skyline does not make any representation or warranty regarding the completeness or accuracy of the information on or accessible via the Skyline Online Portal.
9. Where there are joint customers and/or guarantors, you are interpreted as giving consent to any access of the Skyline Online Portal, related services and your finance contract details requested by another borrower and/or guarantor on the account using their own login details.
10. By accessing the Skyline Online Portal, you are making a representation that you have the consent of any other borrowers and/or guarantors on the account to access the Skyline Online Portal and the finance contract account details and carry out any service request. To this extent, you indemnify Skyline against any claims made against Skyline by any other borrower arising from your access or use of the Skyline Online Portal.
SKYLINE’S RIGHTS UNDER THE SKYLINE ONLINE PORTAL
11. At any given time, Skyline may need to use the Skyline Online Portal as a way to securely communicate information to you, any joint borrowers or guarantors regarding your account. By registering to use the Skyline Online Portal, you give permission to Skyline to use the Skyline Online Portal for this purpose.
12. When you make a transaction using electronic equipment you authorise Skyline to act on the instructions entered into that electronic equipment. The protection provided under these Terms and Conditions to Skyline extends to transactions made with electronic equipment that is not owned by Skyline.
CONFIDENTIALITY
13. In order to access the Skyline Online Portal and related services, you require a login and password. You are solely responsible for the confidentiality and use of your password, as well as for any communications entered into or payments made through the Skyline Online Portal using your password.
14. You agree that it is your responsibility to keep your login details confidential and not to disclose them to any other person.
15. You also agree that you will be held responsible for any access made to the Skyline Online Portal using your login details.
16. If you believe that your password may be known to another person, you must contact Skyline customer service immediately on 1300 347 890.
17. If Skyline reasonably believes your login and/or password is being used in a way that may cause losses to you or Skyline, Skyline may cancel or withhold its use at any time, without notice.
PRIVACY AND WEBSITE SECURITY
18. For information about our information collection practices, please see our Privacy Policy available on the Skyline website at. https://www.skylinecarfinance.com.au/privacy.
19. Skyline’s Privacy Policy needs to be read in conjunction with the privacy disclosures you were given when you applied for finance with Skyline.
20. Skyline’s Privacy Policy includes information about:
(a) the ways Skyline may collect, use or exchange your information;
(b) how you may access and seek correction of the information; and
(c) how to make a complaint about a breach of your privacy rights, and Skyline’s complaint handling procedures.
21. Skyline will use reasonable endeavours to ensure that the Skyline Online Portal is secure. However, it is possible for any electronic data transfer to be intercepted by others. By using the Skyline Online Portal and related service, you understand that your information may be read or intercepted by others.
22. Skyline does not accept liability for the interception or hacking of data by unauthorised third parties.
CREDIT INFORMATION
23. When you enter into a finance contract with Skyline, Skyline will have collected personal and credit related information including but not limited to your name, address, date of birth and driver’s licence.
24. When you applied for finance with Skyline, You consented to Skyline conducting a credit assessment of you and to using any information in a report obtained from a Credit Reporting Body (CRB) to establish your creditworthiness. You consented to this information being given before, during or after the provision of credit to you.
25. In providing your consent, Skyline may continue to deal with one of three CRBs, Equifax Pty Ltd, Experian Australia Credit Services Pty Ltd and illion Australia Pty Ltd. Skyline may therefore continue to disclose your personal information to a CRB for the following purposes:
(a) to obtain a consumer credit report about you if you have applied for consumer or commercial credit, or to assess whether to accept you as guarantor; and/or
(b) to allow the credit reporting agency to create or maintain a credit information file containing information about you.
(c) The type of information we may obtain from and disclose to a CRB includes:
(d) your identity particulars;
(e) the fact you have applied for personal or commercial credit and the type and amount of credit required and the maximum amount of credit available;
(f) the fact that we are a current credit provider to you;
(g) any loan repayments overdue for more than 60 days that we have taken steps to recover;
(h) repayment history information such as whether you have met your monthly payment obligations, the date on which repayments are due and, in the event payment is made after that date, the date on which payment was made;
(i) information that payments are no longer overdue;
(j) the terms and conditions of your credit;
(k) information that, in our opinion, you have committed a serious credit infringement;
(l) information that a cheque from you for more than $150 has been dishonoured more than twice; and
(m) when your credit account is opened and closed.
DIRECT DEBIT ARRANGEMENTS
26. These terms of use set out the terms on which Skyline may accept and act under a direct debit request (“your Direct Debit Request”). It is additional to the arrangement under which you make payments to us.
27. Where you make a request through the Skyline Online Portal to permit Skyline to debit a nominated account, Skyline will require you to complete a Direct Debit Request authority.
INFORMATION ABOUT SKYLINE PRODUCTS
28. From time to time, Skyline (or its related entities) may send you special offers and information (by direct mail, telemarketing, email, SMS and MMS messages) about Skyline (or its related entities) products and services which might be of interest to you.
29. You agree to receive these offers.
30. You can contact Skyline at any time to unsubscribe from receiving this information.
COMPLAINTS
31. Skyline accepts that sometimes it can get things wrong, and when this happens Skyline is determined to work to make them right again.
32. Talk to us: Most problems can be resolved quickly and simply by talking with us. If you have a complaint or believe that we have failed to keep one of our commitments made to you within these terms and conditions, please contact our Dispute Resolution team on 1300 613 182.
33. When you make a complaint to Skyline, Skyline will:
(a) acknowledge your complaint and make sure we understand the issues;
(b) do everything we can to fix the problem;
(c) keep you informed of our progress;
(d) keep a record of your complaint;
(e) give you our name, a reference number and contact details so that you can follow up if you want to; and
(f) provide a final response within 30 days, or 21 days if the complaint relates to financial hardship, a default notice or a postponement, or advise you of the need for more time to complete the investigation.
34. We will investigate and advise if we agree with your complaint. If we disagree we will provide reasons. If we do agree, we will further advise what (if any) action we consider appropriate to take in response.
35. If you are still not satisfied after having contacted us and given us a reasonable time to respond, then you may contact the Australian Financial Complaints Authority (AFCA) by calling: 1800 931 678 or through their website: www.afca.org.au.
TERMINATION OR SUSPENSION OF YOUR ACCOUNT
36. Skyline reserve the right to terminate or suspend your use of the Skyline Online Portal where:
(a) you have paid out your finance contract obligations with Skyline;
(b) you fail to comply with these Terms and Conditions;
(c) we suspect or have evidence that your access to the Skyline Online Portal is being used to compromise the security of any of Skyline or its service provider’s IT systems;
(d) you have instructed Skyline to cancel your access.
37. Skyline will notify you when you next log on to the Skyline Online Portal if Skyline has suspended or terminated your Skyline Online Portal access. Suspension and/or termination of your access will not affect your obligations for any finance contract obligation you have in place with Skyline.
38. Skyline may terminate your access to the Skyline Online Portal at any time by notifying you in writing at the most recent email address shown on your account.
39. You may terminate your access to the Skyline Online Portal at any time in writing to Skyline, by calling us on 1300 347 890 between 8.30am and 7.00pm (EST/EDST) Monday - Friday or by email at csc@skylinecarfinance.com.au.
40. These Terms and Conditions remain in force until Skyline or you terminate your access to the Skyline Online Portal.
41. Access to the Skyline Online Portal is offered at the absolute discretion of Skyline and Skyline reserves the right to withdraw, cancel, vary or in any way change at any time without notice as long as such changes do not material effect You,
LIMITATION OF LIABILITY
42. Skyline will use due care and skill in providing the Skyline Online Portal and related services. There may also be other non-excludable statutory guarantees, implied conditions or warranties under consumer protection laws that cannot be excluded which may apply to Skyline’s supply of the Skyline Online Portal and related services.
43. Subject to your rights under law which cannot be excluded, Skyline does not warrant or represent that the Skyline Online Portal is complete, accurate, current or free from errors or omission, programming bugs or viruses or secure.
44. The availability of the Skyline Online Portal and related services may be subject to numerous factors, including routine maintenance and factors outside Skyline’s control (such as malfunction in equipment or software, internet access difficulties or delay or failure of transmission).
45. Accordingly, Skyline does not warrant or represent that the availability of the Skyline Online Portal and related service will be continuous or uninterrupted, that any defects will be corrected, or that the Skyline Online Portal and related services (or server that makes it available) are free of viruses.
46. Skyline accepts liability to you for breach of any statutory guarantee or other rights under consumer protection laws that cannot be excluded and for loss or damage that was caused by Skyline’s breach of contract or negligence under the principles applied by the courts. However, except as expressly provided by law, we are not liable for:
(a) reliance by you on the information obtained by using the Skyline Online Portal;
(b) loss or damage that was not reasonably foreseeable;
(c) loss or damage that was not caused by Skyline’s breach of statutory guarantee or contract or by Skyline’s negligence;
(d) loss or damage that was caused by your breach of contract or your negligence;
(e) business losses (such as lost data, lost profits or business interruptions);
(f) loss or damage caused by events outside Skyline’s reasonable control (such as a malfunction in equipment or software, internet access difficulties or delay or failure of transmission); or
(g) indirect or consequential loss or damage
GENERAL PROVISIONS
47. Any information provided to you through the Skyline Online Portal and related services is solely for your personal needs. If there is any conflict between these terms and conditions and any loan contract or other financial arrangements between You and Skyline, then the original loan contract or other financial arrangement provisions prevail.
48. The material on the Skyline Online Portal is owned by Skyline and/or its service providers and is protected by copyright. You may only use such information and material in connection with the services being accessed via the Skyline Online Portal.
49. Your agreement to these Terms and Conditions and related services carried out through the Skyline Online Portal are subject to the laws of the State of Victoria. You submit without condition to the non-exclusive courts exercising jurisdiction there.
50. Skyline reserves the right to terminate, suspend or alter the Skyline Online Portal, the related services provided and these Terms and Conditions at any time. Where Skyline terminates or suspend the Skyline Online Portal, the related services or seeks to alter it in a way that will have a material detrimental impact on you as determined in Skyline’s discretion, Skyline will endeavour to provide you with prior notice. You retain the right to terminate your use of the Skyline Online Portal at any time.
51. The Skyline Online Portal and related services are offered at the absolute discretion of Skyline and Skyline reserves the right to withdraw, cancel, vary or in any way change at any time without notice (subject to there being no material detriment to You) the terms and condition applicable and services offered on the Skyline Online Portal.
52. Notice of any changes and/or amendments to any terms and conditions may, if it chooses, be communicated by Skyline to you at the time you log onto the Skyline Online Portal