LEXUS MOBILE APPLICATION TERMS OF USE

These terms govern your access to and use of the Lexus App:
a) portal at [account.lexus.com.au] (Portal); and/or
b) mobile application (Application or Lexus App).

These Terms of Use are comprised of:
PART A – GENERAL TERMS; and
PART B – APPLE iOS TERMS: applicable to the Application if using an iOS device, (together, Terms of Use).

PART A – GENERAL TERMS

General:
You acknowledge that:

The Lexus App is owned and operated by Lexus Australia, a division of Toyota Motor Corporation Australia Ltd (ABN 64 009 686 097) (Lexus) and Lexus provides you with access to the Lexus App subject to the Terms of Use; and the Application is licensed, not sold, to you for use only under these Terms of Use and Lexus reserves all rights not expressly granted to you.

Scope of Licence:
This licence granted to you by Lexus is limited to a non-exclusive, non-transferable licence to (as applicable): use the Application on any compatible device that you own or control; and/or use the Portal. However, nothing in these Terms of Use allows you to:

  1. use the Lexus App on any device that you do not own or control;
  2. distribute or make the Lexus App available over a network where it could be used by multiple devices at the same time;
  3. rent, lease, lend, sell, redistribute or sublicense the Application/Portal; or
  4. copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Lexus App, any updates, or any part thereof (except to the extent permitted by these Terms of Use, applicable law or the licensing terms governing use of any open source components included with the Lexus App).
  5. Unless stated otherwise by Lexus, these Terms of Use will govern any upgrade or modification to the Application/Portal by Lexus.

User Name and Password:
In order to register and use some or all of the Lexus App’s functions and set up your profile, you must complete the registration process in accordance with instructions provided. Once registered, you will be issued a user name and password in order to use the Lexus App. You must memorise your password or store your password in a safe and secure place. Do not disclose your password to anyone or allow any other person to access or use your account.

Consent to Use of Data:
You agree that Lexus may collect and use:

  1. technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals that is gathered periodically; and
  2. if you log into the Lexus App using your profile on a third party service, website or application, data from your profile on such service, website or application,

in each case to facilitate the provision of software updates, product support and other services to you (if any) related to the Lexus App. Lexus may use this information to improve its products and/or provide services or technologies to you. Privacy and Security:

The terms of Lexus' Privacy Policy updated from time to time and available at www.lexus.com.au/privacy (Privacy Policy) are incorporated into these Terms of Use by reference. If you provide or make available any personal information or sensitive information of a third party to Lexus via the Lexus App you warrant that you have obtained the third party's consent to disclose their information to Lexus for collection, use and transfer in accordance with the terms of the Privacy Policy. Your information may be collected, held, used and shared with our related bodies corporate, authorised Lexus dealers, marketing and communications agencies and mailing houses, to provide you an integrated guest experience across the network, and will be handled in accordance with the privacy policies of those organisations that deal with you (as applicable) available at www.lexus.com.au/privacy.

By using the Lexus App you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Lexus App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Lexus does not warrant that the Lexus App is free of viruses or other harmful elements.

Lexus Marketing:
If you submit personal information via the Lexus website or app, your personal information will be handled in accordance with the Privacy Policy and the privacy policies of the related organisations that deal with you (if any). This includes using your information to send you marketing and information as outlined in the privacy policies.

Termination:
Your rights to access and use the Lexus App pursuant to these Terms of Use are effective until terminated. Lexus may immediately terminate your rights to access and use the Lexus App:

  1. by giving notice to you if you breach any of the Terms of Use; or
  2. if the Application is disabled or removed from your device by the third party operator of the online marketplace from which you obtained the Application.

You may terminate your rights to access and use the Lexus App pursuant to these Terms of Use by written notice to Lexus (Lexus contact details are below).

Upon termination of these Terms of Use for any reason, you must cease all use of the Lexus App, and destroy all copies, full or partial, of the Application.

Services and Third Party Materials:
The Lexus App may enable access to Lexus Australia’s third party services and web sites (collectively and individually, Services). Use of Services may require internet access. You accept any additional terms of use required for such Services (if applicable). You understand that by using any Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that Lexus shall not have any liability to you for content that may be found to be offensive, indecent or objectionable. Lexus, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Lexus be liable for the removal of or disabling of access to any such Services. Lexus may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

Certain Services may display, include or make available content, data, information, applications or materials from third parties (Third Party Materials) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Lexus is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Lexus does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties.

Variations:
Lexus may vary the Lexus App, the Services (where applicable) and/or these Terms of Use, including but not limited to changing the functionality and/or appearance of the Lexus App, by notifying you either by email or upon accessing the Lexus App or Services. Your continued use of the Lexus App or Services after such a variation constitutes your acceptance of the updated Lexus App or Services, Services and these Terms of Use, as applicable.

No Warranty:
You expressly acknowledge and agree that your use of the Lexus App is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Lexus App and any Services are provided on an "as is" and “as available” basis, with all faults and without warranty of any kind and Lexus hereby disclaims all warranties, guarantees and conditions with respect to the Lexus App and any Services. Lexus does not warrant against interference with your enjoyment of the Lexus App, that the functions contained in, or Services performed or provided by, the Lexus App will meet your requirements, that the operation of the Lexus App or Services will be uninterrupted or error-free, or that defects (if any) in the Lexus App or Services will be corrected. No oral or written information or advice given by Lexus or its authorised representative shall create a warranty.

Lexus expressly limits its liability for breach of a condition or warranty implied or a consumer guarantee imposed by virtue of any legislation to the following remedies (the choice of which is to be at Lexus’ sole discretion):

  1. in the case of goods, any one or more of the following:
  2. the replacement of the goods or supply of equivalent goods;
  3. the repair of the goods;
  4. the payment of the costs of replacing the goods or of acquiring equivalent goods; or
  5. the payment of the costs of having the goods repaired; and

in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.

The information accessed via the Lexus App or any Service is not exhaustive. Lexus will make reasonable efforts to ensure that the information provided via the Lexus App and Services is accurate and current, but makes no warranties or representations that this information is accurate, complete, current or suitable for your purposes. In particular, location data provided by the Lexus App or any Service is for basic navigational purposes only and is not intended to be relied upon.

To the extent permitted by law, in no event shall Lexus be liable for any loss or damage (including direct, incidental, special, indirect or consequential damages, loss of profits, loss of data or business interruption costs) arising out of or related to your use or inability to use the Lexus App or Services, however caused, regardless of the theory of liability (contract, tort, including negligence or otherwise) and even if Lexus has been advised of the possibility of such damages. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Export Restrictions:
You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported: (i) into any U.S. embargoed countries; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Application for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

Intellectual Property Rights:
Lexus owns all intellectual property in the Lexus App unless indicated otherwise. You agree that, subject to your use of the Lexus App in accordance with the limited licence granted to you in these Terms of Use, you will not infringe Lexus’ intellectual property in the Lexus App and will not modify, copy, republish, frame, distribute or communicate any part of the Lexus App or any information contained therein or otherwise use them in a way which will infringe Lexus’ intellectual property or other property rights.

If a third party alleges or makes a claim that the Lexus App or the Services infringe that third party's copyright or proprietary rights, your sole remedy and Lexus’ entire liability in relation to such claim or allegation shall be, in Lexus’ sole and absolute discretion, to: (i) replace or modify the infringing materials so that they are non-infringing; (ii) obtain a licence for you to use the infringing materials or (iii) terminate your access to the Lexus App.

Lexus contact details:
Phone
1800 023 009

Email
enquiries@lexusenquiries.com.au

Post
Privacy Officer, Corporate Affairs, Toyota Motor Corporation Australia, 155 Bertie Street, Port Melbourne Vic 3207

Governing Law and Jurisdiction:
These Terms of Use are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of its courts and courts of appeal from them. The parties will not object to the exercise of jurisdiction of those courts on any basis.

Assignment:
Lexus may assign or transfer its rights and obligations under these Terms of Use to another organisation, but this will not affect your rights or Lexus’ obligations under these Terms of Use. You may only transfer your rights or obligations under these Terms of Use to another person with Lexus’ prior written consent.

APPLE iOS TERMS

General:
The terms in this Part B apply, in addition to the General Terms in Part A, if you access the Lexus App via an iOS device.

You acknowledge that: (i) Apple Pty Limited, Apple, Inc. or any of their subsidiaries or related entities (Apple) are not a party to these Terms of Use; and (ii) Lexus is solely responsible for the Application and its content.

Scope of Licence:
This licence granted to you by Lexus is limited to a non-exclusive, non-transferable licence to use the Application on any compatible Apple device that you own or control and as permitted by the Usage Rules as set out in Section 9.b. of the App Store Terms and Conditions.

Maintenance & Support:
You acknowledge that any maintenance and support services for the Application, if any, will be provided by Lexus and that Apple has no obligation whatsoever to furnish any such services for the Application.

No warranty:
Notwithstanding any other term of these Terms of Use, if the Application does not comply with any applicable warranty or guarantee, you may notify Apple, and Apple will refund the purchase price you paid for the Application, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses incurred by you in connection with the Application's failure to comply with any warranty will be Lexus’ sole responsibility

Product Claims:
You acknowledge that Lexus, not Apple, is responsible for addressing any claims from you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Intellectual Property Rights:
You acknowledge that in the event of any third party claim that the Application, or your possession and use of the Application, infringes that third party’s intellectual property rights, Lexus, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Third Party Beneficiary:
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and, on your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use (as applicable) against you as a third party beneficiary thereof.

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