YFS NOW Terms & Conditions

CUSTOMER MOBILE APPLICATION TERMS AND CONDITIONS

1. General terms relating to Customer Mobile Application
1.1. In these terms and conditions “YMF”, “we”, “us”, “ours” means Yamaha Motor Finance Australia Pty Ltd ACN 101 928 670 and its successors or assigns. YMF is a wholly owned subsidiary of Yamaha Motor Australia Pty. Ltd. ACN 002 556 989 (“YMA”) and part of YMA and its related entities (“the Group”). “You”, “your” and “user” means the person utilising the customer mobile application.
1.2. Business day or banking day means any day which is not a Saturday or Sunday, or a day gazetted as public holiday throughout or Australia.
1.3. Our customer mobile application is a secure, convenient and may help you manage your accounts with us.
1.4. The customer mobile application may contain links to third-party websites that are not owned or controlled by YMF, YMF has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party website. In addition, YMF will not and cannot censor or edit the content of third-party websites. By using this customer mobile application, you expressly relieve YMF from all liability arising from your use of any third-party website.

2. Types of Transactions
2.1. Our customer mobile application allows you to:
(a) view your current balance of your YMF consumer loan
(b) update and amend your direct debit details including deferring a direct debit
(c) request an out of cycle direct debit from your nominated account.
(d) request available statements
(e) request a payout figure; and
(f) update your personal details.

3. Offer and Acceptance
3.1. YMF offers to make available to you the customer mobile application for use on the following terms and conditions.
3.2. By accessing and/or using the customer mobile application, you provide your assent to these terms and conditions.
3.3. If you do not agree to any of these terms and conditions, you should not access and/or use the customer mobile application.
3.4. YMF will rely on your acceptance of these terms and conditions when you use and/or access the customer mobile application.

4. Product Terms and Conditions.
4.1. These terms and conditions are to be read together with the terms and conditions of your consumer and/or commercial contract with YMF.

5. Use of Customer Mobile Application
5.1. To use this customer mobile application, you must:
(a) Completed registration by inputting their first name, surname, email address and date of birth into the ‘Registration Page’ successfully; and
(b) Input the four (4) digit code, provided by us as a user authentication mechanism, into the relevant field of the Registration Page successfully
(c) Accepted these terms and conditions; and
(d) Create a username and password in accordance with customer mobile application requirements; and
(e) Successfully log in using your username and password; and
(f) Click “Link Account” and input the four (4) digit code provided by us to successfully link your contract to the customer mobile application.
5.2. A user must utilise the customer mobile application in accordance with these terms and conditions unless their use of the customer mobile application is cancelled or suspended in accordance with these terms.
5.3. We may only allow access and use of the customer mobile application if:
(a) The procedures outlined by us are complied with in full; and
(b) If the user performs all actions and provides all documents as may be reasonably required by us.

6. Access to Customer Mobile Application
6.1. Access to the customer mobile application will be denied for a period of ten (10) minutes if the user enters an incorrect password on three (3) consecutive occasions; and
6.2. Access to the customer mobile application will be denied permanently if, following three (3) consecutive attempts as set out in paragraph 6.1. above, the user immediately enters an incorrect password on two consecutive occasions: or
6.3. Access to the customers mobile application maybe denied if YMF is made aware of any fraud or misuse and/or the customer mobile application is under maintenance or being upgraded.

7. Features of the Customer Mobile Application
7.1. YMF, exercising its absolute discretion, may add, remove, amend, or limit the functionality of any feature of the customer mobile application where it is reasonably necessary to do so for YMF’s business requirements.

8. User Authentication
8.1. When YMF receives an instruction from a user to:
(a) complete registration referred to in paragraph 5.1. above, or
(b) amend direct debit details; or
(c) defer a direct debit upon your request; or
(d) request a payout figure; or
(e) request an out of cycle direct debit from your nominated account; or
(f) change your residential address; or
(g) change your email address
8.2. YMF will provide the user with a user authentication and will require the user to provide any code as included in YMF’s user authentication, this will be in addition to any YMF requirement for the user to provide their password or other information to YMF when providing instructions to YMF. You should contact YMF if YMF does not accept your instruction using the user authentication.
8.3. Provision of a user authentication by YMF does not alter your responsibility for any transaction completed by you on the customer mobile application.

9. User Responsibilities including when operating the Customer Mobile Application
9.1. You warrant and agree to:
(a) Select a new password whenever YMF requires you to do so; and
(b) Not to disclose your password and/or any user authentication to any other person, voluntarily or otherwise; and
(c) Not to act with extreme carelessness in failing to protect the security of the user authentication and/or password; and
(d) Not to record or store your password anywhere; and
(e) Where we allow you to create a password or change a password, not to select a numeric code which is your birthday or an alphabetic code which includes a recognisable part of your name; and
(f) Take reasonable care at all times when accessing and/or using the customer mobile application to ensure your password is not disclosed to any other person either intentionally or recklessly; and
(g) Not to provide any YMF user authentication provided to you to any other person for any reason; and
(h) Not to use any YMF user authentication provided to you other than for the purposes it is intended for (namely, for the purpose set out in paragraph 8 above). If any YMF user authentication is utilised for any other purpose other than that set out in paragraph 8 above, YMF reserves the right to revoke the user authentication and cancel your access to the customer mobile application indefinitely; and
(i) Routinely check all information about you displayed on the customer mobile application and notify YMF of any discrepancies; and
(j) Take all reasonable steps and precautions to prevent the spread of software contamination not limited to but including computer viruses, trojans, worms and spyware; and
(k) Not infringe any copyright or trade mark of YMF or the Group; and
(l) Immediately notify YMF if your password becomes known to any other person or is compromised in any way; and
(m) Immediately notify YMF if your device or any other device you have used to access the customer mobile application is lost, stolen, or fraudulently accessed; and
(n) Immediately notify YMF if you become aware of any unauthorised transaction or error on an account using the customer mobile application.
9.2. In the event of a breach of clause 9, you agree to indemnify YMF against any and all losses and/or claims either directly or indirectly which YMF may suffer as a result of your breach of clause 9.

10. Instructions to YMF
10.1. You acknowledge and agree that:
(a) Any instruction to YMF by a user using the customer mobile application constitutes a valid and irrevocable authority to YMF to follow and execute that instruction; and
(b) You are responsible for all instructions given through the customer mobile application to YMF. Instructions are authorised by your use of your password to access the customer mobile application and any authentication service (if any).

11. Processing your instructions
11.1. In some instances, YMF may not act or may delay in acting on any instructions from you using the customer mobile application.
11.2. An instruction maybe processed at the option of YMF on the next banking day after the instruction is given; and
11.3. The accuracy of any information about an account you obtain through the customer mobile application is subject to checking by YMF as part of its day-day procedure; and
11.4. In the absence of any clear breach of an obligation owed to you, YMF is not liable for any loss or damage caused directly or indirectly to a user as a result of YMF’s failure to act or delay in acting on any instructions to it by you.

12. Liability of unauthorised transactions
12.1. A user may not be liable for losses from use of the customer mobile application:
(a) That are caused by the fraudulent or negligent conduct of YMF’s employees; or
(b) Arise due to YMF’s user authentication and/or your password being forged, expired or cancelled.
(c) Arise following YMF being notified after a reasonable period of time that the user’s password and/or user authentication has been breached.
(d) Result from an unauthorised transaction where it is clear that the user has not contributed to such loss.

12.2. A user is liable for losses from use of the customer mobile application:
(a) If on the balance of probabilities, the user’s fraud or contravention of these terms and conditions and failure to comply with YMF security requirements contributed to the losses; or
(b) If on the balance of probabilities, the user contributed to the loss by unreasonably delaying in notifying YMF after the user become aware that their password or user authentication had been breached.
(c) Notwithstanding clauses 12.2(a) and 12.2(b) above, the user will not be liable to pay:
(i) the portion of the loss incurred on any one day which exceeds the applicable daily transaction limit (if any); or
(ii) the portion of the loss incurred in a period which exceeds any other periodic transaction limits applicable to that period (if any); or
(iii) the part of the total loss incurred on any account which exceeds the balance of that account; or
(iv) all losses incurred on any account which the account holder and YMF had not agreed could not be accessed using any user authentication and/or password
(d) the user further agrees that limited liability also applies where a user authentication and/or password was required to perform the unauthorised transaction(s) and neither paragraph.
12.2(a) nor 12.2(b) above applies, the user is liable for the lesser of:
(i) $150.00; or
(ii) The balance of the facility or facilities which YMF and the user have agreed can be accessed using the customer mobile application and/or password; or
(iii) The actual loss at the time that the misuse, loss or the theft of a device or breach of YMF’s security is reported to YMF, excluding that portion of the losses incurred on any one day which exceeds any relevant daily transaction or other periodic transaction limit (if any).

13. Direct Debit Amendments
13.1. You may change the nominated account and/or instalment due date under your current Direct Debit Service Agreement with YMF through the customer mobile application.
13.2. In order for YMF to process any request made under clause 13.1 above, the request must be made at least five (5) business days prior to your next scheduled direct debit.
13.3. If there are any inconsistencies between these terms and conditions and the terms of your current Direct Debit Service Agreement referred to in paragraph 13.1. above, these terms and conditions will apply to the extent of that inconsistency.
13.4. YMF reserves the right to refuse any request by you to amend your direct debit, where YMF exercises this right, you may be prompted to contact YMF.
13.5. Subject to applicable laws, you agree to release and indemnify YMF and exclude YMF from all liability which YMF may have:
(a) If YMF refuses to allow a direct debit in good faith in the ordinary course of business; or
(b) If a stop payment request is given too late to enable a payment to be stopped; or
(c) If YMF suffers a loss as a result of acting on your instructions in relation to a direct debit (including but not limited to processing a request to stop a direct debit arrangement or stopping or amending a payment on direct debit); or
(d) As a result of you breaching any obligations you may have under this clause to YMF.

14. Direct Debit Deferrals
14.1. You may request a maximum of only four (4) direct debit deferrals per calendar year through the customer mobile application.
14.2. YMF, in its absolute discretion, may refuse a request from you to defer a direct debit made under clause 14.1. In such circumstances you may be prompted to contact YMF.

15. Out of cycle direct debit
15.1. You can make an out of cycle direct debit through the customer mobile application using the ‘Make a payment’ function. This payment will come from your nominated account under your Direct Debit Service Agreement or from an account you select pursuant to clause 13.1. above.
15.2. YMF will require a minimum one (1) business day to process any request made under 15.1 above.
15.3. YMF reserves the right to refuse any request from you to make an out of cycle direct. Where YMF exercises this right, YMF will prompt you to contact them.

16. Payout Figure
16.1. Any payout figure requested through the customer mobile application is valid only for seven (7) days from the date the payout figure is provided.
16.2. The user acknowledges and agrees that payout figures are subject to change based on any recent payments in clear funds made to YMF within the last three (3) business days from the date the payout figure is provided together with any other fees, charges or interest being levied in circumstances including but not limited to dishonoured payments and or events of default occurring prior to the payout figure expiring.
16.3. Subject to applicable laws, you agree to release and indemnify YMF and exclude YMF from all liability which YMF may have as result of your payout figure changing in accordance with clause 16.2 above or because of an error or omission by YMF.
16.4. YMF reserves the right to refuse to provide a payout figure through the customer mobile application, in such circumstances you may be asked to contact YMF.

17. Jurisdiction
17.1. These terms and conditions are governed by the laws in force in New South Wales and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of those courts of New South Wales.

18. No Waiver
18.1. YMF’s failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.

19. Severability
19.1. If any provision in these terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining terms and condition, which shall remain in full force and effect.

20. Reporting Loss and Misuse
20.1. If you believe your password has been divulged or breached or that there has been misuse of your customer mobile application or loss suffered or that your user authentication has been breached, you must immediately notify YMF by contacting YMF on email at customerservice@ymf.com.au or by calling 1800 123 100.
20.2. Once YMF has been notified of these matters any liability on the part of the user will be limited.

21. Complaints
21.1. For information about resolving problems or disputes, contact YMF by email at complaints@ymf.com.au or by calling 1800 123 100.
21.2. On request, YMF will provide information about procedures to lodge a complaint and our internal dispute resolution process.
21.3. If you subsequently feel that the issue has not been resolved satisfactorily, you may contact our external dispute resolution scheme. This service is a free service and is designed to provide you with a tool to help resolve complaints. Our external dispute resolution scheme is the Australian Financial Complaints Authority, which can be contacted at:
Telephone: 1800 931 678
Email: info@afca.org.au
Website: www.afca.org.au
Postal address: GPO Box 3 Melbourne Vic. 3001

22. Notice of changes to terms and conditions
22.1. YMF may change any provisions in these terms and conditions (including introducing new provisions). Any changes made by YMF will be done so in accordance with applicable laws and regulations. If you do not accept the changes, you can ask YMF to discontinue your access to the customer mobile application.
22.2. You are deemed to have accepted any changes to these terms and conditions by continue to use the customer mobile application after receiving notice of those changes and following the relevant ‘Time Frame’ elapsing in accordance with clause 22.3 below.
22.3. YMF will give you notice of changes to these terms and conditions and you agree to receive notice of those changes is as follows:

Type of Change	Notification	Time Frame
Imposing or increasing fees or charges for issuing or replacing a device or pass code	In writing or electronically	At least 21 days.
Imposing or increasing fees or charges for performing transactions	In writing or electronically	At least 21 days.
Increasing a users’ liability for losses relating to transactions	In writing or electronically	At least 21 days.
Imposing, removing, or changing a daily or other periodic limit on: Transactions A facility, or Electronic equipment	In writing or electronically	At least 21 days.
Any other changes	In writing or electronically	At least 21 days.

23. Copyright
23.1. The original content of the customer mobile application, including without limitation the text, software, graphics, photos and images (“Content”) are owned by YMF and subject to copyright and other intellectual property rights under the Copyright Act 1968 (Cth), foreign laws, and international conventions. YMF reserves all rights not expressly granted in and to the customer mobile application or Content. You must not infringe on YMF’s copyright and, other than as expressly permitted, you may not engage in the unauthorised use, copying, modifying, communication of or distribution of any of the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein, failure to do so constitutes a breach of these terms and conditions.

24. Trademarks
24.1. Certain names, logos and/or slogans contained in the customer mobile application (if any), including all YMF logos and the marks “YMF” are the trademarks and service marks of YMF and/or its parent corporation and subject to the trademark rights of YMF and its parent corporation respectively. Further where certain names, logos and/or slogans contained in the customer mobile application belong to third party suppliers. All such marks may not be used without express written authorisation from their respective owners. Nothing on the customer mobile application shall be construed as conferring any licence under any of YMF’s or its parent corporation’s trademarks or other intellectual property rights, whether by estoppels, implication, or otherwise.

25. Service Closure
25.1. You or YMF may end the use of the customer mobile application at any time by giving notice to one another. Examples of when YMF may end your use of the customer mobile application includes where the account(s) referred to under clause 5 above are inactive or have had their balances paid out in full or where you ask us to or where YMF believes on reasonable grounds it will suffer a loss or may cause you a loss. These are examples and do not limit the reasons why YMF may terminate your use of the customer mobile application.