Terms & Conditions
1. Definitions
The meaning of capitalised terms used in these Terms and Conditions can be found in clause 10.1.
2. Membership
2.1 Membership of the Encore Programme is free.
2.2 Subject to clause 2.3, one Encore Programme membership is available in respect of every Lexus vehicle that is under Warranty, whether that vehicle has been purchased or leased from a Lexus Dealer or from a third party.
2.3 Encore Programme membership is not available in respect of Lexus vehicles that are purchased for use as, or otherwise used as, vehicles for commercial hire.
2.4 Any one of the following individuals is eligible to apply for Encore Programme membership in respect of a Lexus vehicle under Warranty:
(a) where the Owner is an individual, either:
(i) the Owner; or
(ii) the regular driver or custodian of the vehicle; or
(b) where the Owner is an organisation, the regular driver or custodian of the vehicle.
2.5 The individual who applies for Encore Programme membership under clause 2.4 may also nominate their spouse (including any person with whom they are in a De Facto Relationship) (the "Member's Partner"). The Member's Partner will be eligible to access the Encore Privileges available to the applicant if the applicant is accepted as a Member.
2.6 Applications for membership must be made by completing the Registration Form and returning it to Lexus.
2.7 Applicants must accept these Terms and Conditions before their membership of the Encore Programme will be approved by Lexus. Acceptance takes place when the Registration Form is completed. If a Member's Partner is nominated by the applicant, the Member's Partner must also accept these Terms and Conditions by signing the Registration Form in the designated place.
2.8 Membership of the Encore Programme will continue until the earlier of the following occurs:
(a) there is a change in ownership of the Lexus vehicle to which the Encore Programme membership relates (in which case the Member is required to notify Lexus of the change in ownership by contacting the Lexus Customer Assistance Centre on 1800 023 009);
(b) the Warranty on the Lexus vehicle to which the membership relates expires;
(c) the Member cancels their membership by calling the Lexus Customer Assistance Centre on 1800 023 009; or
(d) the membership is terminated in writing by Lexus.
2.9 Individuals may only have one Encore me membership for each Lexus vehicle they own. Membership is not transferable.
3. Accessing Encore Privileges
3.1 Details of current Encore Privileges are listed on this website or by calling the Lexus Customer Assistance Centre on 1800 023 009.
3.2 Members may request an Encore Privilege by following the instructions set out on the Lexus Owners' Website for that particular privilege (which may require the Member to contact the Lexus Customer Assistance Centre on 1800 023 009, contact the Encore Partner directly or take such other steps as may be notified by Lexus from time to time).
4. Restrictions on the use of Encore Privileges
4.1 Encore Privileges are subject to:
(a) availability; and
(b) any terms and conditions set out from time to time on this website and in any other current material describing the Encore Privileges (including any ticket or voucher issued in relation to an Encore Privilege).
4.2 Encore Privileges are not transferable. Members are responsible for ensuring that their Encore Privileges are not used by other individuals unless those individuals are accompanied by either the Member or the Member's Partner. For this reason, Encore Partners may require sufficient Personal Information to identify the Member or the Member's Partner at the time Encore Privileges are arranged or provided.
4.3 Encore Privileges will not be exchanged for cash or credit, refunded or replaced by Lexus or any Encore Partner.
4.4 Encore Privileges are only for non-profit use by Members and Member's Partners. Neither Members nor Member's Partners are permitted to sell, trade or otherwise transfer Encore Privileges for benefit.
5. Cancellation or suspension
5.1 Lexus may at any time cancel or suspend an individual's membership of the Encore Programme for any reason, including if the Member or the Member's Partner has breached these Terms and Conditions or been involved in any situation which, in the reasonable opinion of Lexus, is likely to bring any of the Encore Programme, an Encore Partner or Lexus into disrepute, contempt, scandal or ridicule.
5.2 Lexus gives no warranty as to the continuing availability of the Encore Programme and may at any time cancel or suspend the Encore Programme without prior notice to Members. If this occurs, Members will be notified in writing as soon as practicable after the cancellation or suspension.
6. Changes to the Encore Programme
6.1 Lexus may change these Terms and Conditions and the Encore Privileges at any time without notice, including by:
(a) adding or removing Encore Partners;
(b) adding or removing Encore Privileges;
(c) varying the terms and conditions for particular Encore Privileges; or
(d) introducing terms designed to ensure the equitable distribution of Encore Privileges to Members.
6.2 A copy of the current Terms and Conditions is available on this website or by calling the Lexus Customer Assistance Centre on 1800 023 009.
6.3 Where Lexus has not provided prior notice of any changes to these Terms and Conditions, it will use reasonable endeavours to notify Members in writing as soon as practicable after the change, but it will not be liable in any way for failure to do so.
6.4 Lexus reserves the right to introduce a fee for the Encore Programme, in which case it will give Members at least 30 days written notice that this is to occur.
7. Privacy
7.1 The Personal Information that Members and Member's Partners provide to Lexus and the Encore Partners in connection with the Encore Programme (including Personal Information provided on the Registration Form) will be used by Lexus and the Encore Partners to operate the Encore Programme and will be shared by them for this purpose. Lexus also collects Personal Information about Owners from Lexus Dealers and from Encore Partners to enable it to offer Encore Programme membership to those Owners.
7.2 Lexus may also disclose Personal Information about Members and Member's Partners to its contractors and agents (such as call centre operators, advertising agencies, direct mail houses and information technology consultants and providers) and may share Personal Information about Members and Member's Partners with Lexus Dealers and with its related bodies corporate (including Toyota Motor Corporation (Toyota's Japanese parent company) for the purposes of operating, assessing and improving the Encore Programme. Personal Information about Members and Member's Partners may be transferred into and out of Australia for these purposes.
7.3 If an individual does not provide Lexus with the Personal Information requested on the Registration Form (with the exception of the Personal Information marked as optional), Lexus will not be able to enrol them in the Encore Programme. If a Member or Member's Partner does not provide the Personal Information requested when they are seeking to access an Encore Privilege, Lexus or the relevant Encore Partner may not be able to provide that Encore Privilege to them.
7.4 Lexus would also like to keep Members informed about its products and services and to seek feedback on its existing products and services (including the Encore Programme). If you do not want to be contacted for this purpose, please let us know by ticking the relevant box on the Registration Form or by calling the Lexus Customer Assistance Centre on 1800 023 009. Please note however that the Member's Lexus Dealer may be a separate organisation to Lexus, and may also send Members information about Lexus products and services. If you do not wish to receive this information from your Lexus Dealer, we recommend that you advise them of this directly.
7.5 Individuals who wish to access or correct the personal information that Lexus holds about them can contact the Lexus Customer Assistance Centre on 1800 023 009. Individuals generally have the right to access their personal information, subject to some exceptions permitted by law.
8. Liability
8.1 All warranties and conditions, including any implied by law, are expressly excluded from these Terms and Conditions to the maximum extent permitted by law. Any liability that Lexus cannot by law exclude in respect of goods and services is limited, where permitted, to supplying, or paying the cost of supplying, the goods and services again or repairing, or paying the costs of repairing, the goods, at Lexus' option.
8.2 Lexus, the Encore Partners, Toyota Motor Corporation and their officers, employees, contractors and agents will not be liable to any of the Member or the Member's Partner for any direct, indirect, incidental or consequential loss of any nature caused by, or any claim arising directly or indirectly or in any way attributable to, the performance, the failure to perform or the delay in performance of the obligations of Lexus under these Terms and Conditions or any act or omission of an Encore Partner, whether or not caused by negligence, including any loss arising as a result of the provision of, or failure to provide an Encore Privilege or the loss, theft or destruction of an Encore Privilege (except for any liability which cannot be excluded by law (in which case liability is limited to the minimum amount allowable by law).
9. General
9.1 Lexus may engage third parties to supply services for it in connection with the Encore Programme .
9.2 Failure by Lexus to enforce a particular term or condition does not constitute a waiver of that term or condition by Lexus.
9.3 In the event of any inconsistency between these Terms and Conditions and the terms and conditions contained in any other material relating to the Encore Programme or Encore Privileges, these Terms and Conditions will prevail to the extent of any inconsistency.
9.4 These Terms and Conditions will be governed by and must be construed in accordance with the laws of Victoria, Australia. The Member submits to the exclusive jurisdiction of the courts of Victoria, and courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these Terms and Conditions.
10. Definitions and interpretation
10.1 Definitions
"De Facto Relationship" means a relationship between two adult persons who live together as a couple and who are not married to one another or related by family.
"Encore Partner" means any organisation or individual that provides Encore Privileges to Members from time to time. Current Encore Partners are described on the Lexus Owners' Website.
"Encore Privileges" means the benefits and privileges made available to Members, as described on the Lexus Owners' Website or in other promotional material for the Encore Programme, as varied by Lexus from time to time.
"Encore Programme" means the programme under which Members are offered Encore Privileges.
"Lexus" means Toyota Motor Corporation Australia Ltd (ABN 64 009 686 097), trading as Lexus, with its registered office at 155 Bertie Street, Port Melbourne, Victoria 3207.
"Lexus Corporate Privileges" Programme means the programme of benefits offered from time to time under the Lexus Corporate Programme , as described at http://www.lexus.com.au/corporateprivileges.
"Lexus Dealer" means a person who has been appointed by Lexus as an authorised dealer of Lexus vehicles and related products.
"Member" means an individual who has completed the Registration Form and whose membership has not expired or been terminated under clause 2.9.
"Member's Partner" has the meaning given in clause 2.5.
"Owner" means the registered owner of a Lexus vehicle.
"Personal Information" means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in writing or spoken, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
"Registration Form" means the Lexus Encore Privileges Registration Form, which is provided to Owners at the time of purchase.
"Terms and Conditions" means these terms and conditions, as amended from time to time.
"Warranty" means the standard factory warranty which expires four years from the date of first delivery or 100,000km, whichever occurs first, or such other standard factory warranty offered by Lexus from time to time on new Lexus vehicles. For demonstrator and pre-owned vehicles, the warranty is the remainder of New Vehicle Warranty which expires at 4 years from date of first registration or 100,000kms, whichever occurs first.
10.2 Interpretation
(a) In these Terms and Conditions, headings are for ease of reference only and do not affect interpretation.
(b) Unless the context requires otherwise:
(i) the singular includes the plural, and the plural includes the singular;
(ii) if a word or phrase is defined, another grammatical form of that word or phrase has a corresponding meaning; and
(iii) the word "includes" in any form is not a word of limitation.
Disclaimer: Encore Privileges apply for the period of the standard factory warranty which for new vehicles expires four years from the date of first delivery or 100,000km, whichever occurs first, or such other standard factory warranty offered by Lexus from time to time on new Lexus vehicles. For demonstrator and pre-owned vehicles, Encore privileges apply for the remainder of New Vehicle Warranty which expires at four years from date of first registration or 100,000kms, whichever occurs first. They may not apply to any certified or extended warranty products. Lexus Australia reserves the right to change, without notice, any benefits specified. Benefits should be confirmed at the time of ordering with your authorised Lexus dealer. Benefits are subject to Encore terms and conditions. For further information on the conditions applicable to Encore, please contact your Lexus dealer.