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).
PART A – GENERAL TERMS; and
PART A – GENERAL TERMS
You acknowledge that:
Scope of Licence:
- use the Lexus App on any device that you do not own or control;
- distribute or make the Lexus App available over a network where it could be used by multiple devices at the same time;
- rent, lease, lend, sell, redistribute or sublicense the Application/Portal; or
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:
- 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
- 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:
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.
- 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.
Services and Third Party Materials:
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.
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):
- 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, 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.
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:
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:
1800 023 009
Privacy Officer, Corporate Affairs, Toyota Motor Corporation Australia, 155 Bertie Street, Port Melbourne Vic 3207
Governing Law and Jurisdiction: