Version date: 1 July 2026

This version of the Lexus Encore Program Terms & Conditions apply to vehicles delivered to Lexus Vehicles Owners from 1 July 2026. For Terms & Conditions applicable to vehicles delivered prior to 1 July 2026 please see: lexus.com.au/smallprint/encore-terms/pre-july-2026

1. Applicability of these Terms and Conditions

1.1 These terms and conditions (“Terms and Conditions”) govern a Lexus Vehicle Owner’s access to and use of the Lexus Encore Program provided by Toyota Motor Corporation Australia Limited trading as Lexus Australia (“Lexus”).

1.2 These Terms and Conditions may incorporate by reference certain terms and conditions specifically applicable to a particular benefit or service under the Lexus Encore Program. To the extent of any inconsistency between those benefit or service specific terms and conditions and the body of these Terms and Conditions, those benefit or service specific terms and conditions will prevail to the extent of such inconsistency. 

1.3 If a Lexus vehicle is purchased under the Lexus Corporate Program, the terms and conditions under the Lexus Corporate Program (“Lexus Corporate Program T&Cs”) apply. To the extent of any inconsistency between Lexus Corporate Program T&Cs and these Terms and Conditions, the Lexus Corporate Program T&Cs will prevail to the extent of such inconsistency.

2. Definitions

2.1 The meaning of capitalised terms used in these Terms and Conditions can be found in clause 24.

3. Scope of Lexus Encore Program

3.1 The Lexus Encore Program comprises:

(a) Encore Lifestyle Benefits;

(b) Lexus Connected Services; and

(c) Ownership Experience, which consists of:

i. Lexus Warranty Experience;

ii. Capped Price Servicing; and

iii. Vehicle Benefits.

3.2 For the avoidance of doubt, Lexus will provide:

(a) the Lexus Connected Services in accordance with the Connected Services Terms of Use (see: https://www.lexus.com.au/smallprint/connected-services-terms);

(b) the Lexus Warranty Experience in accordance with the Warranty Terms & Conditions (see: https://www.lexus.com.au/smallprint/warranty);

(c) the Capped Price Servicing in accordance with the Lexus Capped Price Servicing Terms & Conditions (see: https://www.lexus.com.au/smallprint/capped-price-servicing); and

(d) the Vehicle Benefits and Encore Lifestyle Benefits in accordance with the remainder of these Terms and Conditions. For the avoidance of doubt, clauses 4 to 21 (inclusive) of these Terms and Conditions apply in respect of Vehicle Benefits and Encore Lifestyle Benefits only.

4. Vehicle Benefits

4.1 The Vehicle Benefits will be accessible by the Lexus Vehicle Owner on and from the delivery of the Lexus vehicle. The applicable Vehicle Benefits available to an eligible Lexus Vehicle Owner will be the Vehicle Benefits as detailed at the time of delivery of the relevant vehicle to the Lexus Vehicle Owner.

4.2 Access to and use of the Vehicle Benefits will continue until the earlier of the following occurs:

(a) the expiry of the Vehicle Benefits, being 5 years from the date of delivery of the Lexus vehicle;

(b) there is a change in ownership of the Lexus vehicle to which the Vehicle Benefits relate, in which case the Lexus Vehicle Owner is required to notify Lexus of the change in ownership by contacting the Lexus Customer Assistance Centre (Monday - Friday 9:30am - 5:30pm AEST) on 1800 023 009 so that Lexus can transfer the remaining benefits of their Vehicle Benefits or cancel the Vehicle Benefits (if any);

(c) the Lexus Vehicle Owner cancels the Vehicle Benefits by contacting the Lexus Customer Assistance Centre (Monday - Friday 9:30am - 5:30pm AEST) on 1800 023 009;

(d) the Lexus vehicle to which the Vehicle Benefits relate is written off (as confirmed by the insurance company), in which case the Lexus Vehicle Owner is required to notify Lexus of the write-off by contacting the Lexus Customer Assistance Centre (Monday - Friday 9:30am - 5:30pm AEST) on 1800 023 009 so that Lexus can cancel their Vehicle Benefits; or

(e) the Vehicle Benefits are otherwise suspended or terminated in writing by Lexus in accordance with clause 19.

4.3 In respect of Lexus Certified Pre-Owned Vehicles and/or pre-owned vehicles (which are not Lexus Certified Pre-Owned Vehicles), the Lexus Vehicle Owner will receive:

(a) in the case of Lexus Certified Pre-Owned Vehicles, commencing from the date of delivery of the vehicle; and

(b) in the case of pre-owned vehicles (which are not Lexus Certified Pre-Owned Vehicles), commencing from the date on which the Vehicle Benefits are transferred to the new Lexus Vehicle Owner following a request by the original Lexus Vehicle Owner under clause 4.2(b),the remaining period of the relevant Vehicle Benefits held by previous Lexus Vehicle Owner, including the balance of any limited services or benefits not yet redeemed (if any).

5. Encore Lifestyle Benefits

5.1 Subject to clause 6, different Encore Lifestyle Benefits are available to each category of eligible Lexus Vehicle Owners, as follows:

(a) Signature Lifestyle Benefits are available to all Encore Members;

(b) Platinum Lifestyle Benefits are only available to Platinum Members; and

(c) Elevate Member Benefits are only available to Elevate Members.

5.2 For the avoidance of doubt, in these Terms and Conditions, all Platinum Members and Elevate Members constitute Encore Members. An Encore Member will only constitute a Platinum Member or Elevate Member where the relevant eligibility requirements under clauses 7 and 8 respectively have been satisfied.

6. Membership to Encore Lifestyle Benefits and Membership Periods

6.1 To access Encore Lifestyle Benefits, an eligible Lexus Vehicle Owner must:

(a) complete the Registration Form at a Lexus Dealer, via the Lexus national or dealer websites or via the Lexus Encore app;

(b) accept these Terms and Conditions; and

(c) if applicable, make payment of the membership fee in accordance with clause 7 for Elevate Members.

6.2 Upon completion of the steps under clause 6.1, Encore Lifestyle Benefits will be accessible by the Lexus Vehicle Owner upon activation of membership by the Lexus Dealer (“Activation Date”). The Lexus Vehicle Owner will become an Encore Member upon activation. Lexus Dealers will endeavour to process the activation within 7 Business Days of completion of the steps under clause 5.1.

6.3 Access to and use of the Encore Lifestyle Benefits will continue until the earlier of the following occurs:

(a) the expiry of the Encore Lifestyle Benefits applicable to the Encore Member as set out in clause 6.4;

(b) there is a change in ownership of the Lexus vehicle to which the Encore Lifestyle Benefits relate, in which case the Encore Member is required to notify Lexus of the change in ownership by contacting the Lexus Customer Assistance Centre (Monday - Friday 9:30am - 5:30pm AEST) on 1800 023 009 so that Lexus can transfer the remaining membership benefits of their Encore Lifestyle Benefits or cancel the Elevate Member Benefits (if any);

(c) the Encore Member cancels their membership by contacting the Lexus Customer Assistance Centre (Monday - Friday 9:30am - 5:30pm AEST) on 1800 023 009;

(d) the Lexus vehicle to which the Encore Lifestyle Benefits relate is written off (as confirmed by the insurance company), in which case the Encore Member is required to notify Lexus of the write-off by contacting the Lexus Customer Assistance Centre (Monday - Friday 9:30am - 5:30pm AEST) on 1800 023 009 so that Lexus can cancel their Encore Lifestyle Benefits; or

(e) the membership is otherwise suspended or terminated in writing by Lexus in accordance with clause 19.

6.4 Subject to clauses 6.5 and 6.6, Encore Members have memberships periods for the Encore Lifestyle Benefits as follows, unless terminated or cancelled earlier in accordance with these Terms and Conditions:

(a) Signature Members: the Signature Lifestyle Benefits will be for 5 years from the Activation Date;

(b) Platinum Members: the Platinum Lifestyle Benefits will be for 5 years from the Activation Date; and

(c) Elevate Members: the Elevate Member Benefits will for 1 year from the date of payment and activation by Lexus, unless renewed in accordance with clause 7.3.

6.5 In respect of Lexus Certified Pre-Owned Vehicles, the Encore Member will receive from the Activation Date, the Encore Lifestyle Benefits for a period equal to a minimum of:

(a) the remaining period of the relevant Encore Lifestyle Benefits held by previous Lexus Vehicle Owner as an Encore Member (for example, the remaining period of Platinum Lifestyle Benefits if the previous Lexus Vehicle Owner was a Platinum Member), including the balance of any limited services or benefits not yet redeemed (if any); plus

(b) an additional 1 year of Signature Lifestyle Benefits as an Encore Member,

with the period of the Encore Lifestyle Benefits to be confirmed on the Activation Date as set out in the Lexus Encore app.

6.6 In respect of pre-owned vehicles (which are not Lexus Certified Pre-Owned Vehicles), the Encore Member will receive from the Activation Date, the Encore Lifestyle Benefits for a period equal to the remaining period of the relevant Encore Lifestyle Benefits held by previous Lexus Vehicle Owner as an Encore Member (for example, the remaining period of Platinum Lifestyle Benefits if the previous Lexus Vehicle Owner was a Platinum Member), including the balance of any limited services or benefits not yet redeemed (if any).

6.7 Notwithstanding any other provision in these Terms and Conditions, the applicable Encore Lifestyle Benefits available to an eligible Lexus Vehicle Owner will be the Encore Lifestyle Benefits as detailed at the time of delivery of the relevant vehicle to the Lexus Vehicle Owner.

7. Elevate Membership

7.1 To sign up as a Elevate Member to receive Elevate Member Benefits, a Lexus Vehicle Owner must make a one-off annual payment of $1,899 at a Lexus dealership, via the Lexus website, the Lexus Encore app or by contacting the Lexus Customer Assistance Centre (Monday - Friday 9:30am - 5:30pm AEST) on 1800 023 009.

7.2 Elevate Member Benefits’ membership period will be for 1 year, in accordance with clause 6.4.

7.3 Elevate Members may be contacted by Lexus and provided with an option to renew their membership at least 30 days’ prior to the expiry of their existing membership.

7.4 Elevate Members can cancel their membership at any time by contacting the Lexus Customer Assistance Centre (Monday - Friday 9:30am - 5:30pm AEST) on 1800 023 009. Where an Elevate Member elects to cancel their membership before the end of the then-current term, they will be entitled to a refund of a proportion of their membership fees, based on how many benefits they have redeemed under the membership less a cancellation fee (reasonably determined by Lexus based on its administrative costs).

7.5 In accordance with clause 6.3(b) and (c), if there is a change in ownership of the Lexus vehicle before the end of the current term of the Elevate Member Benefits, Elevate Members must notify Lexus by contacting the Lexus Customer Assistance Centre (Monday - Friday 9:30am - 5:30pm AEST) on 1800 023 009 so that Lexus can cancel their Elevate Member Benefits and process applicable refunds in accordance with clause 7.4 above.

7.6 In accordance with clause 6.3(d), if an Elevate Member’s Lexus vehicle is written off (as confirmed by the insurance company) at any point of their membership before the then current term of the Elevate Member Benefits, Elevate Members must immediately notify Lexus by contacting the Lexus Customer Assistance Centre (Monday - Friday 9:30am - 5:30pm AEST) on 1800 023 009 so that Lexus can cancel their Elevate Member Benefits and process applicable refunds in accordance with clause 7.4 above.

7.7 Alternate membership models relating to Elevate Member Benefits may be made available by Lexus and Lexus will provide reasonable prior notice via email and/or the Lexus Encore app before these models become available.

7.8 Lexus may change the membership fees for Elevate Member Benefits at any time for subsequent membership periods by providing Lexus Vehicle Owners with reasonable prior notice via email and/or the Lexus Encore app.

8. Platinum membership

8.1 Platinum Member Benefits are made available free of charge to Lexus Vehicle Owners of eligible flagship vehicles, or to Lexus Vehicle Owners to whom Lexus or Lexus Dealers, at their sole and absolute discretion, expressly grants Platinum Member Benefits in writing. For the avoidance of doubt, Lexus and Lexus Dealers are under no obligation to provide a gifted membership with Platinum Member Benefits to any Lexus Vehicle Owner.

8.2 Platinum Members will be subject to these Terms and Conditions and such other terms and conditions notified to the Platinum Member.

8.3 Platinum Members may cancel their membership in accordance with clause 6.3 of these Terms and Conditions. Where the membership is suspended or cancelled in accordance with these Terms and Conditions, the Platinum Member will not be entitled to any refund. For the avoidance of doubt, clauses 7.5 and 19.3 of these Terms and Conditions will not apply to Platinum Members.

9. Vehicle Benefits and Encore Lifestyle Benefits - General Information

9.1 Details of the Vehicle Benefits and Encore Lifestyle Benefits can be found at lexus.com.au/owners/benefits or by calling the Lexus Customer Assistance Centre (Monday - Friday 9:30am - 5:30pm AEST) on 1800 023 009.

9.2 Vehicle Benefits and Encore Lifestyle Benefits may be redeemed by following the instructions set out at lexus.com.au/owners/benefits or the Lexus Encore app for that particular benefit. This may require the Encore Member to contact the Lexus Customer Assistance Centre (Monday - Friday 9:30am - 5:30pm AEST) on 1800 023 009, contact the Encore Partner directly or take such other steps as may be notified by Lexus from time to time.

9.3 Vehicle Benefits and Encore Lifestyle Benefits are subject to:

(a) availability; and

(b) any terms and conditions set out from time to time at lexus.com.au/smallprint/encore-terms and in any other current material applicable to Vehicle Benefits and Encore Lifestyle Benefits issued to Encore Members (including any ticket or voucher issued in relation to an Encore Member).

9.4 Subject to clause 6.3(b), the Vehicle Benefits and Encore Lifestyle Benefits are not transferable. Encore Members are responsible for ensuring that their applicable Vehicle Benefits and Encore Lifestyle Benefits are not used by individuals other than the Encore Member unless those individuals are accompanied by the Encore Member. For this reason, Encore Partners may require sufficient Personal Information to identify the Encore Member or any individual accompanying the Encore Member at the time Vehicle Benefits and Encore Lifestyle Benefits are arranged or provided.

9.5 Subject to clause 7.4, the Vehicle Benefits and Encore Lifestyle Benefits will not be exchanged for cash or credit, refunded or replaced by Lexus or any Encore Partner.

9.6 All Vehicle Benefits and Encore Lifestyle Benefits are only for non-profit use by Encore Members. Encore Members are not permitted to sell, trade, transfer or otherwise deal with such benefits for value or commercial advantage.

10. Vehicle Benefit – DriveCare

10.1 Lexus DriveCare is available to Signature Members and Platinum Members, subject to the following conditions.

10.2 This service is subject to the Lexus DriveCare Additional Terms and Conditions outlined at lexus.com.au/smallprint/encore-terms, and any further terms and conditions of Encore Partners involved in the provision of this service.

11. Vehicle Benefit – Service Loan Vehicles

11.1 Service loan vehicles are available to Signature Members and Platinum Members, subject to the following conditions.

11.2 Encore Member may request for a service loan vehicle at the time of servicing their Lexus vehicle at the servicing Lexus Dealer according to the Lexus model's recommended servicing timetable.

11.3 The servicing Lexus Dealers will, subject to availability, offer Lexus Encore and Platinum Members a service loan vehicle that can be collected from the Servicing Lexus dealership when they leave their vehicle for service. 

12. Vehicle Benefit – Service Valet

12.1 Service Valet is available to Signature Member and Platinum Members, subject to the following conditions.

12.2 In addition to the provision of service loan vehicles under paragraph 11, the servicing Lexus Dealers will, subject to availability, offer to collect an eligible Signature Member or Platinum Member’s vehicles from their home, office or another designated address for servicing at that Lexus dealership, and return the vehicle to that same location once the service has been completed. The provision of the service loan vehicle is governed by the terms and conditions set out in paragraph 11.

12.3 The eligibility and charges for Service Valet are based on the distance between the Lexus Dealer and the vehicle collection location as nominated by the Signature Member or Platinum Member:

(a) for Signature Members:

i. complimentary Service Valet for distances up to 15 km from the servicing Lexus Dealer; and

ii. Service Valet requests beyond 15km may incur a charge, at the discretion of the servicing Lexus Dealer. The servicing Lexus Dealer will inform the Signature Member of any charges at the time of booking (or as soon as practicable after);

(b) for Platinum Members:

i. complimentary Service Valet for distances up to 30 km from the servicing Lexus Dealer; and

ii. Service Valet requests beyond 30km may incur a charge, at the discretion of the servicing Lexus Dealer. The servicing Lexus Dealer will inform the Platinum Member of any charges at the time of booking (or as soon as practicable after).

12.4 The provision of Service Valet is subject to the availability of the servicing Lexus Dealer. The servicing Lexus Dealer will endeavour to support the Signature Member or Platinum Member’s Service Valet requests at the preferred appointment date and time, but availability of Service Valet remains subject to operational factors including availability of service loan vehicles and availability of Service Valet drivers.

12.5 In the event that the servicing Lexus Dealer is unable to facilitate a confirmed scheduled Service Valet booking, the servicing Lexus Dealer will contact the impacted Signature Member or Platinum Member to reschedule their appointment to a future date and time.

13. Encore Lifestyle Benefit – Offers

13.1 From time to time, Lexus may make available certain offers to Encore Members (including, without limitation, exclusive offers, hotel offers, fuel offers, and movie offers). Such offers may be subject to additional terms and conditions as specified for each offer. Offers may be made available to selected groups or categories of Encore Members as determined by Lexus in its sole and absolute discretion. Without limitation, Platinum Member and Elevate Members may be entitled to priority access to certain exclusive offers subject to any additional terms and conditions as specified for that event.

13.2 Subject to clause 13.1, fuel offers are limited to one fuel discount transaction per 24-hour period for each vehicle registered to a Lexus Encore App account. Unless otherwise specified, such offers are available on premium fuels only, up to a maximum of 150 litres per transaction, and are redeemable at participating Ampol service stations. A list of participating locations is available at lexus.com.au/owners/ampol-finder and is subject to change without notice at the sole discretion of Ampol.

13.3 The scope and availability of offers may be amended from time to time. Lexus will provide eligible Encore Members with reasonable prior notice via email and/or the Lexus Encore app.

14. Encore Lifestyle Benefit - Lexus Exclusive Events

14.1 From time to time, Lexus may send invitations to Encore Members for events, such events may be subject to any additional terms and conditions as specified for that event. Invitations may be extended to selected groups or categories of Encore Members as determined by Lexus in its sole and absolute discretion. Without limitation, Platinum Member and Elevate Members may be entitled to priority access to certain Lexus Exclusive Events subject to any additional terms and conditions as specified for that event.

14.2 Without limitation to any rights Lexus may have under these Terms and Conditions, Lexus reserves the right, at its discretion (acting reasonably), to exclude or suspend an Encore Member (or any guests of the Encore Member) from participating in such events, including where Lexus reasonably considers such exclusion to be appropriate having regard to the conduct of the Encore Member (or any guests of the Encore Member).

14.3 Event invitations will be sent using the contact details provided by the Encore Member and held on file by Lexus. Allocation of tickets may be limited and, unless otherwise expressly specified, will be allocated on a first-come, first served basis.

14.4 It is the responsibility of the Encore Member to ensure the Lexus Customer Assistance Centre has the correct and up to date contact details. Encore Members who wish to access or correct the Personal Information that Lexus holds about them can contact the Lexus Customer Assistance Centre (Monday - Friday 9:30am - 5:30pm AEST) on 1800 023 009 or via lexus.com.au/owners/update-details.

15. Encore Lifestyle Benefit (Mobility Benefit) - Airport Lounge

15.1 Airport Lounge is available to Encore Members, with:

(a) each Platinum Member and Elevate Member being entitled to a limited number of complimentary visits. The remaining number can be found in the Platinum Members and Elevate Members’ Lexus Encore app; and

(b) each Signature Member being entitled to purchase visits at discounted rates as set out in the Lexus Encore app or notified by Lexus from time to time.

15.2 This service is subject to any further terms and conditions of Encore Partners involved in the provision of this service.

16. Encore Lifestyle Benefit (Mobility Benefit)- Lexus On Demand

16.1 Lexus On Demand is only available to Platinum Members and Elevate Members.

16.2 This service is subject to the Lexus On Demand Additional Terms and Conditions outlined at lexus.com.au/smallprint/encore-terms and any further terms and conditions of Encore Partners involved in the provision of this service.

16.3 Without limitation to clause 16.2, each Platinum Member and Elevate Member is entitled to a limited number of Lexus On Demand redemptions. The remaining number can be found in the member’s Lexus Encore app. Availability of Lexus On Demand is subject to vehicle availability and booking period.

17. Encore Lifestyle Benefit (Mobility Benefit) - Valet Parking

17.1 Valet Parking is available to Encore Members, with:

(a) each Platinum Member and Elevate Member being entitled to a limited number of complimentary valet parking visits. The remaining number can be found in the Platinum Members and Elevate Members’ Lexus Encore app; and

(b) each Signature Member being entitled to purchase valet parking visits at discounted rates as set out in the Lexus Encore app or notified by Lexus from time to time.

17.2 This service is subject to any further terms and conditions of Encore Partners involved in the provision of this service.

17.3 Complimentary valet parking is only available for the nominated Lexus vehicle/s to which the Encore Lifestyle Benefits are attached to and may not be claimed for any other vehicle.

17.4 The locations at which Valet Parking may be redeemed may be amended from time to time. Lexus will provide eligible Platinum Members and Elevate Members with reasonable prior notice via email and/or the Lexus Encore app.

18. Additional benefits

18.1 Your Lexus Dealer may offer you additional benefits to those detailed in these Terms and Conditions. Any such benefits are not part of the Lexus Encore Program and Lexus is not associated with, nor has any liability for these Dealer benefits.

19. Cancellation or suspension

19.1 Lexus may at any time cancel or suspend an Encore Member’s Vehicle Benefits and/or Encore Lifestyle Benefits by providing the Encore Member with written notice where the Encore Member has materially breached these Terms and Conditions or been involved in any situation which, in the reasonable opinion of Lexus, is likely to bring Lexus Encore Program, an Encore Partner or Lexus into disrepute, contempt, scandal or ridicule.

19.2 Lexus may at any time cancel or suspend an Encore Member’s Vehicle Benefits and/or Encore Lifestyle Benefits in circumstances where it is discontinuing the Vehicle Benefits and/or Encore Lifestyle Benefits by providing reasonable notice via email and/or the Lexus Encore app to the Encore Member.

19.3 If Lexus cancels or suspends a member’s Elevate Member Benefits in accordance with clause 19.2, the Encore Member will be entitled to a refund of a proportion of their membership fees, based on the remaining Elevate Member Benefits not yet redeemed, less Lexus’ reasonable administrative costs.

20. Changes to the Vehicle Benefits and Encore Lifestyle Benefits

20.1 Lexus may amend these Terms and Conditions and any Vehicle Benefits and/or Encore Lifestyle Benefits at any time by providing reasonable prior notice via email and/or the Lexus Encore app, including by:

(a) adding or removing Encore Partners;

(b) adding or removing benefits under the Vehicle Benefits and/or Encore Lifestyle Benefits;

(c) varying the terms and conditions for particular benefits under the Vehicle Benefits and/or Encore Lifestyle Benefits; or

(d) introducing terms designed to ensure the equitable distribution of benefits under the Vehicle Benefits and/or Encore Lifestyle Benefits to Encore Members as applicable,provided that Lexus will ensure any such change will not materially detriment the Encore Member or materially diminish the scope of the Vehicle Benefits and/or Encore Lifestyle Benefits.

21. Liability

21.1 All warranties and conditions 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 by law, 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.

21.2 Lexus, the Encore Partners, their related bodies corporate and their officers, employees, contractors and agents will not be liable to any Encore Member (any individual accompanying an Encore Member or otherwise obtaining the benefit of an Encore Member’s membership) for any direct, indirect, incidental or consequential loss of any nature caused by, or any claim which is not attributable (directly or indirectly) to the performance, the failure to perform or the delay in performance of the obligations of Lexus under these Terms and Conditions. In all other circumstances, liability will be limited to the maximum amount allowable by law.

22. General

22.1 Lexus may, at its sole discretion, engage third parties to supply services for it in connection with the Lexus Encore Program.

22.2 Personal Information collected by Lexus will be handled in accordance with Lexus’ Privacy Policies. A copy of Lexus’ Privacy Policy can be accessed at lexus.com.au/privacy, and in relation to Lexus Connected Services at www.lexus.com.au/smallprint/connected-services-privacy.

22.3 Failure by Lexus to enforce a particular term or condition does not constitute a waiver of that term or condition by Lexus.

22.4 These terms and conditions constitute the entire agreement between the parties in respect of the subject matter and supersedes all previous agreements, understandings and negotiations on that subject matter.

22.5 Nothing contained or implied in these Terms and Conditions create any partnership, agency or trust. No party has any authority to bind another party in any way.

22.6 An Encore Member or Lexus Vehicle Owner must not assign or otherwise deal with their rights under these Terms and Conditions or allow any interest in them to arise or be varied, except in accordance with these Terms and Conditions or with Lexus’ consent. Lexus may assign its rights, title and interests under these Terms and Conditions at its sole discretion by notifying the Encore Member or Lexus Vehicle Owner in writing and the continued access or use of the Encore Program shall constitute acceptance of the assignment.

22.7 These Terms and Conditions will be governed by and must be construed in accordance with the laws of Victoria, Australia. The Encore 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.

22.8 Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any law (including consumer guarantees under the Australian Consumer Law) that cannot lawfully be excluded or limited.

23. Interpretation

23.1 In these Terms and Conditions, headings are for ease of reference only and do not affect interpretation.

23.2 Unless the context requires otherwise:

(a) the singular includes the plural, and the plural includes the singular;

(b) a reference to “person” includes an individual, a body corporate, a partnership, a joint venture, an unincorporated association and an authority or any other entity or organisation;

(c) a reference to a time of day is a reference to time in Melbourne, Victoria;

(d) a reference to a currency is a reference to Australian dollars, unless otherwise stated;

(e) if a word or phrase is defined, another grammatical form of that word or phrase has a corresponding meaning; and

(f) the word "includes" in any form is not a word of limitation.

24. Definitions

24.1 “Capped Price Servicing” means the capped price servicing provided by Lexus in respect of a Lexus vehicle. Please refer to the Lexus Capped Price Servicing Terms & Conditions for further details.

24.2 “Elevate Member” means an Encore Member who has purchased a membership in accordance with clause 7, and is provided Elevate Member Benefits and whose membership has not expired or been terminated in accordance with clause 6.3.

24.3 “Elevate Member Benefits” means the benefits and privileges made available to Elevate Members, as described on the Lexus Owners’ Website or in other promotional material for Encore Lifestyle Benefits (including Mobility Benefits) at the time of purchase, as varied by Lexus from time to time.

24.4 "Encore Member" means a Lexus Vehicle Owner who has successfully completed the registration in accordance with clause 6.1 and whose Encore Lifestyle Benefits have not expired or been terminated in accordance with clause 6.3.

24.5 “Encore Lifestyle Benefits” means the benefits and privileges made available to relevant Encore Members and includes, where the context requires, the Signature Lifestyle Benefits, Platinum Lifestyle Benefits and Elevate Member Benefits.

24.6 "Encore Partner" means any organisation or individual that provides Encore Lifestyle Benefits to Encore Members from time to time. Current Encore Partners are described on lexus.com.au/owners/benefits/exclusive-rewards.

24.7 "Lexus" means Toyota Motor Corporation Australia Limited (ABN 64 009 686 097), trading as Lexus Australia, with its registered office at 155 Bertie Street, Port Melbourne, Victoria 3207.

24.8 "Lexus Dealer" means a person who has been appointed by Lexus as an authorised dealer of Lexus vehicles and related products.

24.9 “Lexus Encore Program" means the program offered by Lexus comprising the components set out in clause 3.1.

24.10 “Lexus Owners’ Website” means lexus.com.au/owners/owners.

24.11 "Lexus Vehicle Owner" means the registered owner of a Lexus vehicle which is purchased from an authorised Lexus Australia Dealer.

24.12 “Mobility Benefit” means the benefits and privileges comprising Airport Lounge, Lexus On Demand and Valet Parking provided at the time of delivery of the Lexus vehicle, as varied by Lexus from time to time.

24.13 "Personal Information" has the same meaning as in the Privacy Act 1988 (Cth).

24.14 “Platinum Lifestyle Benefits” means the benefits and privileges made available to Platinum Members, as described on the Lexus Owners' Website or in other promotional material for Encore Lifestyle Benefits (including Mobility Benefits) provided at the time of delivery of the Lexus vehicle, as varied by Lexus from time to time.

24.15 “Platinum Member” means an Encore Member who is eligible for Platinum Member Benefits in accordance with clause 8 and whose membership has not expired or been terminated in accordance with clause 6.3.

24.16 "Registration Form" means the Lexus Encore Program registration form, which is provided to Lexus Vehicle Owners at the time of purchase of an eligible new or Lexus Certified Pre-Owned vehicle.

24.17 “Signature Lifestyle Benefits” means the benefits and privileges made available to all Encore Members as described on the Lexus Owners’ Website or in other promotional materials for Encore Lifestyle Benefits provided at the time of delivery of the Lexus vehicle, as varied by Lexus from time to time.

24.18 “Signature Member” means an Encore Member who is eligible for Signature Lifestyle Benefits and whose membership have not expired or been terminated in accordance with clause 6.3.

24.19 "Terms and Conditions" has the meaning given to that term in clause 1.1.

24.20 “Vehicle Benefit” means the benefits and privileges comprising DriveCare, Service Loan Car and Service Valet provided at the time of delivery of the Lexus vehicle, as varied by Lexus from time to time.

24.21 "Warranty" means either the Standard Warranty or Lexus Warranty Experience, as applicable depending on the delivery date of the vehicle. Standard Warranty applies to vehicles delivered pre-1 January 2021 and expires 48 months or 100,000 kilometres whichever occurs first. Lexus Warranty Experience applies to vehicles delivered on or after 1 January 2021 and expires at 5 years with unlimited kilometres. Commercial use vehicles are 5 years from date of first registration or 160,000km (whichever occurs first). Please refer to the Warranty Terms and Conditions for further details.

1 About Lexus On Demand

The following terms and conditions govern the access and use of the Lexus On Demand (LOD) Service which is made available to Platinum Members and Elevate Members (“you” or “your”).

2 Eligibility

2.1 Eligibility to use LOD Service

To use the LOD Service you must:

(a) be a current Platinum Member or Elevate Member;

(b) be at least 18 years old;

(c) have a valid full or provisional Australian or international driver’s licence with licence type of ‘car’;

(d) have at least 2 years’ driving experience;

(e) provide valid payment details that is approved for use by Lexus (‘Payment Method’);

(f) have not had an application for, or contract of, motor insurance refused, declined or cancelled in the last 3 years;

(g) have not had your driver’s licence or permit suspended, cancelled, restricted or endorsed with special conditions in the last 3 years;

(h) have not been convicted of, or had any fines imposed, for criminal activity in the last 3 years;

(i) have not had more than 2 motor vehicle claims where you have had to pay an excess in the last 3 years;

(j) provide consent to enable us to verify your identity using the Document Verification Service (DVS) or other third party systems;

(k) provide Lexus with any information Lexus reasonably requests including but not limited to photo identification, proof of address and photocopies of your driver’s licence; and

(l) accept the terms of these Lexus On Demand Terms and Conditions.

You may nominate a secondary driver to access the LOD Service at the time of Booking on the Lexus Encore app or by contacting the Lexus Customer Assistance Centre (Monday to Friday 8:00 am to 6:00 pm, AEST or ADST (as applicable)) on 1800 023 009. The secondary driver must satisfy the requirements set out in paragraphs (b) to (l) above.

2.2 Ongoing disclosure

(a) If for any reason you fail to continue to satisfy any obligations set out at sub-clause 2.1 at any time during the period of the Encore Lifestyle Benefits, you must notify us as soon as practicable.

(b) You consent to Lexus and its third party service providers collecting your personal information, including government identification documents, through the Document Verification Service as reasonably required for the purpose of confirming your identity in relation to renting a Vehicle and/or your use of the LOD Service.

(c) You consent to the collection of your personal information and understand and agree to the Lexus Privacy Policy.

(d) You agree that Lexus may store your nominated credit card information provided as part of your Payment Method with a third-party provider of payment gateway services.

(e) Lexus reserves the right at its discretion (acting reasonably) to refuse, cancel or discontinue the rental of a Vehicle to you or otherwise no longer make the LOD Service available to you, or to restrict your use of the LOD Service on written notice.

(f) Lexus may request further information and documentation as reasonably required for the purposes of the provision of the LOD Service.

3 Notice & Your obligations

3.1 Your obligations:

While renting a Vehicle, you must:

(a) always hold a valid driver’s licence;

(b) comply with all laws, including all traffic regulations and licensing requirements;

(c) drive the Vehicle in a safe and careful manner;

(d) ensure that the Vehicle is locked, windows are up, boot is closed and sunroof closed at any time that you are not inside the Vehicle;

(e) take all reasonable steps to prevent the Vehicle from being used by any other third party;

(f) take all reasonable steps to prevent the LOD Service from being used or accessed in an unauthorised manner;

(g) not allow anyone else to drive the Vehicle; and

(h) keep your details up to date, including your contact details, Payment Method, licence conditions or any matters set out in clause 2.1.

3.2 Notice

A notice made to, or approval required from Lexus, under these Lexus On Demand Terms and Conditions must be made by contacting the Lexus Customer Assistance Centre (LCAC) on 1800 023 009 or [email protected].

4 Fees and Benefits

4.1 Rental Benefit

4.1.1 Platinum Members

(a) Eligible Platinum Members, subject to the terms of Lexus On Demand Terms and Conditions and for the term of membership, are entitled to the following benefits in respect of the use of the LOD Service:

(i) Vehicle rental on and up to four (4) separate occasions;

(ii) Vehicle rental for up to eight (8) days per occasion; and

(iii) On Demand DriveCare for the duration of vehicle rental.

(b) For the avoidance of doubt, whilst Lexus will not charge you for rental of the Vehicle or On Demand DriveCare, you will be responsible for the payment of other fees in accordance with these Lexus On Demand Terms and Conditions.

4.1.2 Elevate Member

(a) Eligible Elevate Members, subject to Lexus On Demand Terms and Conditions and for the term of membership, are entitled to the following member benefits in respect of the use of the LOD Service:

(i) Vehicle rental on up to two (2) separate occasions;

(ii) Vehicle rental for up to five (5) days per occasion; and

(iii) On Demand DriveCare for the duration of vehicle rental.

(b) For the avoidance of doubt, whilst Lexus will not charge you for rental of the Vehicle or On Demand DriveCare, you will be responsible for the payment of other fees in accordance with Lexus On Demand Terms and Conditions.

4.2 Other fees

(a) Some additional fees and charges are set out in the Fee Schedule and below. You acknowledge and agree that you shall be liable for such fees and charges should you incur them.

ADDITIONAL FEE AMOUNTS (INCL. GST)

Refuelling Service Fee - $5

(in addition to the cost of the fuel)

Toll processing administration fee - $5

(in addition to the cost of the tolls)

Cancellation Fee - $100

(within 48 hours of pick up of vehicle) If you cancel within 48 hours of your selected Booking time, you have the option to forfeit one of your redemptions or pay the $100 cancellation fee. By default you will forfeit one of your redemptions, however if you’d rather pay this fee please contact the Lexus Customer Assistance Centre on 1800 023 009.

No Show Fee - $250

Fee if you do not show up to collect your Vehicle without notice. If you would prefer to forfeit your redemption and not pay the fee, please contact the Lexus Customer Assistance Centre on 1800 023 009.

Smoking Fee - $400

Cleaning fee incurred for any Vehicles with evidence of smoking.

Initial Late Fee - $100

Fee charged for late return of Vehicle one hour after the specified return time.

Ongoing Late Fee - $500

Charged in addition to Initial Late Fee, for every 24hr period after the allocated return time for Vehicle.

Cleaning Fee - $75

(determined by Lexus in its sole discretion) Vehicles returned which are determined by Lexus as excessively dirty, requiring cleaning beyond our standard cleaning practice.

Replacement fee for USB cable - $30

Vehicle Breakdown / Roadside Assistance - Variable Cost

If you require roadside assistance and you, as the driver, are at fault you will be charged for the cost of this service including any associated towing costs. The vehicle running out of fuel or the keys being locked inside the vehicle are some examples of you, as the driver, being at fault.

Keys - Variable Cost

If you lose the keys, you will be charged the cost of replacement.

Insurance excess –

(a) For self-reported damage:

(i) 25 years or older: $500

(ii) Under 25 years: $750.

(b) For non-reported damage:

(i) 25 years or older: $1000

(ii) Under 25 years: $1500.

You will be considered to have self-reported a new damage to the vehicle if you notify the Lexus Customer Assistance Centre (LCAC) on 1800 023 009 or [email protected] of the damage within the start date and end date and end time of your Booking.

Excess Milage - $0.35 per km.

Mileage is capped at 400kms per day.'

(b) You agree to pay any reasonable fees and charges incurred by your use of the Vehicle (but not including a rental fee), which includes but is not limited to tolls, traffic infringements, parking costs, towing fees, storage fees, legal costs and court fees.

(c) If a speeding, parking or other traffic infringement notice is issued for the Vehicle while the Vehicle is in your possession, the infringement notice will be processed and re-issued in your name. You will be liable for any fees and charges associated with the infringement, including our reasonable administration fees for processing and re-issuing the notice.

(d) If you misuse, abuse or neglect the Vehicle, you will be required to pay for any reasonable repairs, maintenance or service fees incurred by Lexus (including any inspection or repair).

(e) If you do not return the Vehicle at the required time, as set out in your Booking confirmation email, you agree that you may be charged:

(i) a late return fee, including the Initial Late Fee and Ongoing Late Fee, as set out in the Fee Schedule, unless you request an extension from Lexus and such extension has been granted in writing by Lexus;

(ii) administration fees as reasonably incurred by Lexus as a result of arranging for the refuelling of the Vehicle and recharging of tolls as specified in the Fee Schedule; and

(iii) any reasonable fees payable in the event of Lexus having to recover the Vehicle, including but not limited to, legal costs, court costs, police costs, debt recovery costs, parking costs and retrieval costs of the Vehicle, and replacement costs of the Vehicle if a Vehicle cannot be recovered.

(f) You agree to pay all reasonable costs, fees, charges and disbursements (including collection agency commissions, and legal costs) incurred or to be incurred by Lexus in recovering any monies due to Lexus by you under these Lexus On Demand Terms and Conditions.

4.3 Payment

(a) By requesting the LOD Service, you authorise Lexus:

(i) to take a nominal amount as pre-authorisation to check the validity of your Payment Method when you update your details; and

(ii) to arrange for fees and charges incurred in connection with these Lexus On Demand Terms and Conditions to be debited from your nominated Payment Method as and when they arise.

(b) You warrant to maintain sufficient clear funds available in your nominated Payment Method to allow the fees to be paid.

(c) If your payment is dishonoured or cannot be processed within 7 days following written notification from Lexus to you, this will constitute a material breach by you, and Lexus reserves the right to:

(i) cancel or suspend your Encore Lifestyle Benefits (in whole or in part), including your right to access and use the LOD Service;

(ii) recover the Vehicle from you; and/or

(iii) charge interest on the overdue amounts until the fees and charges are paid in full.

5 Bookings

5.1 Making a Booking

(a) You must not use or access a Vehicle without completing a valid Booking to use that Vehicle. All Bookings are made through the Lexus Encore app.

(b) You agree to comply with all conditions of your Booking, including but not limited to the Vehicle you will use and the time, date and duration of your Booking.

(c) At the commencement of your Booking and prior to taking receipt of the Vehicle, you must inspect the Vehicle for any damage or unsatisfactory condition (for example, the Vehicle is not clean), notify Lexus of any condition issue and complete any relevant documentation required to commence your Booking and take receipt of the Vehicle.

5.2 Amending a Booking

(a) You may request to amend or cancel your Booking by contacting the Lexus Customer Assistance Centre (LCAC) on 1800 023 009 or [email protected]

(b) Lexus may agree to the amendment or cancellation as set out in this clause 5.2 at its sole discretion. Lexus will use reasonable efforts to notify you of our decision as soon as reasonably possible.

5.3 Ending a Booking

When you return the Vehicle, you must ensure that:

(a) the ignition of the Vehicle is switched off;

(b) the lights of the Vehicle are switched off;

(c) all doors, windows, the boot and sunroof (if applicable) of the Vehicle are closed;

(d) all documents and accessories that were in, attached to or fitted to the Vehicle at the commencement of your Booking remain in, attached to or fitted to the Vehicle; and

(e) you have removed all your personal items from the Vehicle.

6 Refuelling

(a) You must ensure that you use the correct fuel, as described in the driver’s guide provided to you, or otherwise on the back of the Vehicle fuel cap. If the wrong fuel type is used, Lexus may charge additional fees in accordance with clause 4.2.

(b) If you do not refuel the Vehicle before returning your Vehicle to Lexus at the end of your Booking, you will be liable for the relevant cost as set out in the Fee Schedule.

7 Driving and Damage

7.1 Driving the Vehicle

While operating the Vehicle, you must always do so in a safe manner and must not:

(a) operate the Vehicle at any time that it is unsafe to do so;

(b) operate the Vehicle or allow the Vehicle to be operated in any illegal manner;

(c) operate the Vehicle under the influence of drugs, alcohol, prescribed medication or any other substance which may impair your ability to drive the Vehicle;

(d) consume or allow any passengers to consume any alcohol or illicit drugs in the Vehicle;

(e) allow the Vehicle to be driven by anyone else;

(f) allow any more passengers to travel in the Vehicle than are legally permitted;

(g) use or prepare the Vehicle for use in any form of motor sport or contest, experiment, test, trial or demonstration;

(h) use the Vehicle to convey or tow a load in excess for which the Vehicle or attached trailer was designed;

(i) remove or attempt to remove the Vehicle from Australia;

(j) remove any accessories or devices attached or fitted to the Vehicle;

(k) remove or attempt to remove any e-tag, car park access device or parking pass from the Vehicle;

(l) not part with possession of the Vehicle;

(m) make alterations, additions or otherwise interfering with the Vehicle (this includes installing anything on or in the Vehicle);

(n) smoke or vape in the Vehicle or permit passengers to do so;

(o) use the Vehicle for fare or reward (including driving school instruction);

(p) use the Vehicle for any unlawful purpose, including carrying hazardous or inflammable goods;

(q) fill up the Vehicle with incorrect fuel; or

(r) allow the Vehicle to be driven on beaches or through streams, dams, rivers, flood waters, bush fire affected areas or any other roadway where the police or any government authority have issued a warning or caution.

7.2 Damage to, or loss of the Vehicle

(a) In the event of an accident or an incident that causes any damage to the Vehicle, or third-party property, whether or not the accident or damage is the result of your use of the Vehicle or caused by you, you must:

(i) immediately, or where this is not possible, as soon as reasonably practicable, call Lexus to report the damage or liability incurred;

(ii) immediately report any injury to any person caused by a Vehicle in your possession to the police, and provide Lexus with the police reference number.

(iii) follow reasonable directions given by Lexus;

(iv) in all circumstances, not engage in, or attempt to repair the Vehicle or any third party property;

(v) not promise or offer to settle or partly settle the matter or defend the matter, or assign your rights to a third party in the event of any accident;

(vi) in the event of an accident, where reasonably possible, obtain the contact details of all other drivers involved in the accident, including their name, current residential address, vehicle registration and their insurance details and where reasonably possible obtain the contact details of any witnesses to the accident;

(vii) where reasonably possible, take photographs of the damage and the scene and provide Lexus with copies of those photographs;

(viii) not admit liability; and

(ix) take all reasonable precautions to prevent or minimise further loss, damage or theft and take all reasonable action to recover lost or stolen property and minimise the claim.

(b) In the event the Vehicle is lost, stolen or damaged maliciously, you must:

(i) immediately, or where this is not possible, as soon as reasonably practicable, report it to the police and provide Lexus with the police reference number; and

(ii) immediately, or where this is not possible, as soon as reasonably practicable, call Lexus to report the Vehicle missing, if applicable.

(c) You agree that you may be charged for the replacement cost of a Vehicle if the Vehicle is lost or stolen due to your breach of these Lexus On Demand Terms and Conditions or otherwise due to your negligent action or inaction which results in Lexus not being able to successfully make a claim against our insurance policy, to the extent that such action or inaction was not caused or contributed to by Lexus.

(d) You agree that you will complete any required forms and provide all information that Lexus reasonably requires in the event of an accident or any damage or theft of the Vehicle, unless such damage or theft was caused or contributed to by Lexus.

(e) To the extent reasonably required, you agree to fully co-operate with Lexus and any third party, as reasonably required by Lexus, in relation to any investigation or legal proceedings associated with an accident, theft or damage sustained in connection with your Booking.

(f) You agree that if you fail to reasonably comply with any of your obligations under clause 7.2, you may be liable for a proportion of the fees, charges and other costs associated with the accident, theft or damage to the extent that your failure contributed to these costs.

(g) You agree that you may be liable for any reasonable cleaning, damage, repair, towing, storage and other ancillary costs, fees and charges caused as a result of you breaching clause 7.1, and that such costs, fees and charges are in addition to the amount of any Insurance Excess you are required to reimburse to Lexus.

7.3 Daily Limits

A maximum Daily Allowance kilometre limit applies to your use of the Vehicle. If you exceed the Daily Allowance you may be charged a fee for each kilometre you travel in excess of the Daily Allowance.

8 Insurance

8.1 Our insurance

Lexus has insurance which covers Vehicles in your possession. You acknowledge that Lexus’ insurance will only provide cover for you for any loss or damage if you are you are operating the Vehicle yourself and in accordance with these Lexus On Demand Terms and Conditions.

8.2 Claims

(a) If there is an accident or damage to the Vehicle, or if the Vehicle is lost or stolen, an amount equal to the Insurance Excess, will be debited from your Payment Method, upon your reporting or Lexus identifying any damage to the Vehicle.

(b) If it is determined that you are not at fault (and not in breach of these Lexus On Demand Terms and Conditions) then Lexus will refund the amount debited under clause 8.2(a) within 2 Business Days of the claim being settled.

(c) If it is determined that you are partially or wholly at fault, Lexus will refund the amount (if any) calculated as the amount debited under clause 8.2(a) less all charges associated with the repair of the Vehicle and a reasonable claims management fee.

(d) Your liability for any accident loss or damage will be limited to your obligation to reimburse Lexus the amount of the Insurance Excess, unless the Vehicle was:

(i) in an unsafe or unroadworthy condition caused by you, or was carrying passengers or a load (including towing) in excess of that recommended by the Vehicle manufacturer, and this contributed to the loss or damage;

(ii) being hired out or used for fare or reward (including driving school instruction);

(iii) altered by modifications from the original manufacturer’s specifications by you;

(iv) being used or prepared for use in any form of motor sport or contest, experiments, tests, trials or demonstration purposes;

(v) being used for any unlawful purpose, including the carrying of hazardous or inflammable goods in excess of that permitted by government regulation, unless you can prove that such use was without your knowledge or consent;

(vi) improperly or incorrectly fitted by you with any modification or accessory and this contributed to the loss or damage;

(vii) being driven by a driver after receiving advice from a medical practitioner not to drive, or whilst under the influence of prescribed medications that impair the ability to drive;

(viii) damaged as a result of your failure to take all reasonable steps to safeguard the insured vehicle from loss at all times;

(ix) damaged as a result of intentional loss or damage caused by you or anyone acting with your express or implied consent; or

(x) damaged as a result of you or any other person continuing to drive the Vehicle in a damaged state.

(e) You agree that, if you are in breach of clauses 2.1(b) (ii), (v) - (viii), 3.1, 7.1, 7.2, or 8.2(d), you will not be covered by our insurance policy and you will be liable for all liability, loss, damages, costs and expenses (including legal fees) incurred in connection with your use, possession or control of the Vehicle. This includes, but is not limited to the cost of repair or replacement of the Vehicle, the repair or replacement cost of third party property and costs associated with injury to persons.

(f) Lexus is not responsible to you or any third party for loss or damage to property left in the Vehicle. You are not covered by our insurance for theft or loss of property from the Vehicle.

(g) You agree that both Lexus and our insurer reserve the right to recover any monies paid and may need to take action in your name and therefore you must co- operate with Lexus and our insurer and give any information and assistance through to the completion of any action undertaken in your name.

9 Liability and Indemnity

(a) You agree that Lexus will not be liable to you for any claim, liability, loss, damages, costs or expenses, whether direct, indirect or consequential, if Lexus are unable to provide you with a Vehicle or Lexus change or cancel your Booking or any third party circumstances mean you cannot access a Vehicle.

(b) Subject to clause 9(d), Lexus’ aggregate liability under or in respect of the provision of the LOD Service whether in contract, tort (including negligence), statute or any other cause of action is limited to the value of the Booking.

(c) You indemnify, and keep indemnified, Lexus and Lexus’ Representative from and against any and all liability, loss, damage, compensation and costs and expenses arising from, or in connection with, your use of the Vehicle to the extent not covered by the insurance, unless such liability, loss, damage, compensation and costs and expenses are caused or contributed to by Lexus.

(d) Lexus indemnifies you, and keeps you indemnified, against all loss suffered by you as a result of Lexus’ fraud or negligence in the provision of the LOD Service under these Lexus On Demand Terms and Conditions.

10 Suspension and Cancellation

(a) Lexus may suspend or cancel your right to access and use the LOD Service, or recover a Vehicle rented to you at any time if:

(i) you have received 3 traffic infringement notices;

(ii) you had 2 at fault insurance claims;

(iii) your payment is dishonoured or late by 7 days or more, in accordance with clause 4.3(c) above;

(iv) your Driver’s Licence has expired;

(v) your credit card has expired;

(vi) you have materially breached the terms of these Lexus On Demand Terms and Conditions , including a failure to pay fees or charges (and where such breach is capable of remedy, you fail to remedy the breach within 7 days of being notified in writing of such breach); or

(vii) Lexus has provided you at least 14 days’ prior written notice that Lexus is cancelling or suspending the LOD Service.

(b) If your access and use of the Encore Lifestyle Benefits have been suspended, any upcoming Bookings will be cancelled and you will not be able to make further Bookings until your access has been reinstated.

(c) If your Encore Lifestyle Benefits have been terminated, your right to access and use the LOD Service will also be simultaneously terminated.

11 Disputes

(a) If you believe a dispute has arisen in respect of the LOD Service, you must give Lexus written notice specifying the nature of the dispute (Dispute Notice).

(b) During the 15 Business Day period after a Dispute Notice is given (or any longer period agreed in writing by the parties), each party must use best efforts to resolve the dispute.

(c) If the dispute is not resolved following the expiration of the 15 Business Day period, each party must endeavour to jointly engage a mediator and endeavour to agree on the mediator’s terms of agreement.

(d) If the parties fail to agree on the engagement of a mediator or the mediator’s terms of agreement within 15 Business Days of service of the Dispute Notice, either party may apply to the President of the Law Society of Victoria to appoint a mediator.

(e) You must bear your own costs of complying with this clause. The parties must bear equally the costs of any mediator engaged under clauses 11(c) or (d).

(f) Nothing in this clause prevents a party seeking urgent injunctive or similar interim relief from a court.

12 Changes

Lexus reserves the right to amend the LOD Service from time to time by providing reasonable prior notice via email and/or the Lexus Encore app, including the Fee Schedule, the service terms and the eligibility requirements, provided that such amendment will not materially detriment the Encore Member or materially diminish the scope of LOD Service.

13 Interpretation and definitions

13.1 Definitions

Booking means a booking made by you to use a Vehicle and accepted by Lexus by way of a booking confirmation email.

Business Day means a day other than a Saturday, Sunday or public holiday in Melbourne, Victoria.

Daily Allowance means the maximum daily kilometre limit published in the Fee Schedule at the date of your Booking.

Dispute Notice has the meaning given in clause 11.

DVS means the Document Verification Service national online system that allows organisations to compare a person's identifying information with a government record.

Elevate Member has the meaning given to it by the Lexus Encore Program Terms & Conditions.

Fee Schedule means the fee schedule available at https://account.lexus.com.au/encore/on-demand/fees-and-charges.

Insurance Excess means the amount of the excess payable on the insurance taken out by Lexus in the event of a claim against that policy. This amount is sent to you via email before you make a Booking and is otherwise available on the Lexus Owners' Website.

Lexus Encore Program has the meaning given to it by the Lexus Encore Program Terms & Conditions.

Lexus Encore Program Terms & Conditions means the terms and conditions which can be located at lexus.com.au/smallprint/encore-terms.

Lexus On Demand or LOD Service means the Lexus On Demand rental service provided in accordance with these Lexus On Demand Terms and Conditions.

Lexus Representative means any director, officer, employee, agent, contractor, subcontractor, adviser or Related Entity of Lexus.

On Demand DriveCare means the roadside assistance service as described in and subject to the On Demand DriveCare Terms & Conditions located at lexus.com.au/smallprint/encore-terms.

Payment Method has the meaning given in clause 2.1(e).

Platinum Member has the meaning given to it by the Lexus Encore Program Terms & Conditions.

Privacy Policy means the Lexus privacy policy which can be located at lexus.com.au/privacy

Related Entity has the same meaning as under the Corporations Act 2001 (Cth).

Vehicle means Lexus vehicles available from time to time for Booking through the Lexus Encore app.

You or Your has the meaning given to the term under clause 1.