1 Agreement

1.1 These terms and conditions form part of the agreement between Lexus and the Encore Program Member for provision of Lexus Encore Program.

1.2 To participate in the Lexus Encore Program, the Encore Program Member must be a Lexus Vehicle Owner and agree to these Terms and Conditions and the Lexus Privacy Policy.

2 Definitions

2.1 The meaning of capitalised terms used in these Terms and Conditions can be found in clause 22.

3 Member Benefits

3.1 Subject to clause 4, different benefits of Lexus Encore Program are available to each of its eligible members:

(a) Lexus Encore Member Benefits are available to all Lexus Encore Members.
(b) Platinum Member Benefits are only available to Platinum Members and Electrified Members.
(c) Electrified Member Benefits are only available to Electrified Members.
(d) Elevate Member Benefits are only available to Elevate Members.

4 Membership and Membership Periods

4.1 Membership of a Lexus Vehicle Owner to the Lexus Encore Program will occur by:

(a) Completion of the Registration Form at a Lexus Dealer, via the Lexus national or dealer websites or via the Lexus app:
(b) acceptance of these Terms and Conditions;
(c) If applicable, payment of membership fee in accordance with clause 6 for Elevate Members; and
(d) activation of membership by the Lexus Dealer.

4.2 Memberships to the Lexus Encore Program will continue until the earlier of the following occurs:

(a) expiry of the Encore Program Member’s membership;
(b) there is a change in ownership of the Lexus vehicle to which the Lexus Encore Program membership relates, in which case the Encore Program Member is required to notify Lexus of the change in ownership by contacting the Lexus Customer Assistance Centre (Monday to Friday 8:00 am to 6:00 pm) on 1800 023 009 so that Lexus can cancel or transfer the remaining membership benefits of their Lexus Encore Program membership;
(c) the Encore Program Member cancels their membership by contacting the Lexus Customer Assistance Centre (Monday to Friday 8:00 am to 6:00 pm) on 1800 023 009; or
(d) the Lexus vehicle to which the Lexus Encore Program membership relates is written off (as confirmed by the insurance company), in which case the Encore Program Member is required to notify Lexus of the change in ownership by contacting the Lexus Customer Assistance Centre (Monday to Friday 8:00 am to 6:00 pm) on 1800 023 009 so that Lexus can cancel their Lexus Encore Program membership;
(e) the membership is terminated in writing by Lexus in accordance with clause 16.

4.3 The Lexus Vehicle Owner enrolled for the Lexus Encore Program under clause 4.1 may also nominate their spouse (including any person with whom they are in a De Facto Relationship as defined in the Family Law Act 1975 (Cth)) (the "Encore Program Members' Partner"). The Encore Program Members' Partner will be eligible to access benefits available to the Encore Program Member.

4.4 Encore Program Members have memberships periods for each Lexus Encore Program memberships as follows, unless terminated or cancelled earlier in accordance with these Terms and Conditions:

(a) Lexus Encore Members: the Lexus Encore Member Benefits will last 36 months from date of activation;
(b) Platinum Members: the Platinum Member Benefits will last 36 months from date of activation;
(c) Electrified Members: the Electrified Member Benefits will last 36 months from date of activation; and
(d) Elevate Members: the Elevate Member Benefits will last 12 months from date of payment and activation.

5 Elevate Membership

5.1 To sign up as a Elevate Member to receive Elevate Member Benefits, a Lexus Vehicle Owner must make a one-off payment of $1,899 at a Lexus dealership, via the Lexus website, the Lexus app or by contacting the Lexus Customer Assistance Centre (Monday to Friday 8:00 am to 6:00 pm) on 1800 023 009.

5.2 Elevate Member Benefits will last for the membership period of 12 months, in accordance with clause 4.4.

5.3 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.

5.4 Elevate Members can cancel their membership at any time by contacting the Lexus Customer Assistance Centre (Monday to Friday 8:00 am to 6:00 pm) on 1800 023 009. Where an Elevate Member chooses to cancel their membership before the end of their payment 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).

5.5 In accordance with clause 4.2 (b) and (c), if there is a change in ownership of the Lexus vehicle before the end of their payment term, Elevate Members are required to notify Lexus by contacting the Lexus Customer Assistance Centre (Monday to Friday 8:00 am to 6:00 pm) on 1800 023 009 so that Lexus can cancel their Lexus Encore Program membership and process applicable refunds in accordance with clause 5.4 above.

5.6 In accordance with clause 4.2(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 end of their payment term, Elevate Members are required to immediately notify Lexus by contacting the Lexus Customer Assistance Centre (Monday to Friday 8:00 am to 6:00 pm) on 1800 023 009 so that Lexus can cancel their Lexus Encore Program membership and process applicable refunds in accordance with clause 5.4 above but Lexus may decide to waive the cancellation fee.

5.7 Alternate membership models may be made available by Lexus and Elevate Members will be given reasonable notice via email before these models become available.

5.8 Lexus may change the membership fees for any Elevate Members at any time by providing Elevate Members with reasonable notice via email.

6 Platinum membership

6.1 Lexus, Encore Partners or Lexus Dealers may, in their sole and absolute discretion, provide Platinum Member Benefits free of charge to flagship Lexus vehicle Owners. Platinum Members will be subject to these Terms and Conditions and such other terms and conditions notified to the Platinum Member.

6.2 Lexus, Encore Partners and Lexus Dealers are under no obligation to provide a gifted membership with Platinum Member Benefits to any Lexus Vehicle Owner and reserves the right, in their absolute discretion, to determine any Lexus Vehicle Owner’s eligibility for Platinum Member Benefits.

6.3 Platinum Members may cancel their membership in accordance with clause 4.2 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 5.5 and 16.3 of these Terms and Conditions will not apply to Platinum Members.

7 Accessing Lexus Encore Program benefits

7.1 Details of Lexus Encore Program can be found at lexus.com.au/owners/benefits or by calling the Lexus Customer Assistance Centre (Monday to Friday 8:00 am to 6:00 pm) on 1800 023 009.

7.2 Encore Program Members may request Lexus Encore Program benefits by following the instructions set out at lexus.com.au/owners/benefits for that particular Benefit (which may require the Encore Program Member to contact the Lexus Customer Assistance Centre (Monday to Friday 8:00 am to 6:00 pm) on 1800 023 009, contact the Encore Partner directly or take such other steps as may be notified by Lexus from time to time).

8 Lexus Encore Program benefits - General Information

8.1 Lexus Encore Program memberships and 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 describing the Lexus Encore Program (including any ticket or voucher issued in relation to an Encore Program Member);

8.2 All Lexus Encore Program benefits are not transferable, subject to clause 4.2(b). Encore Program Members are responsible for ensuring that their applicable benefits are not used by individuals other than the Encore Program Member unless those individuals are accompanied by the Encore Program Member. For this reason, Encore Partners may require sufficient Personal Information to identify the Encore Program Member or any individual accompanying the Encore Program Member at the time Lexus Encore Program benefits are arranged or provided.

8.3 Subject to clause 5.4, all Lexus Encore Program benefits or memberships will not be exchanged for cash or credit, refunded or replaced by Lexus or any Encore Partner.

8.4 All Lexus Encore Program benefits or memberships are only for non-profit use by Encore Program Members. Encore Program Members are not permitted to sell, trade or otherwise transfer these memberships for benefit.

9 Service Loan Vehicles

9.1 Service loan vehicles are available to Lexus Encore, Platinum and Electrified Members only, subject to the conditions below.

9.2 A service loan vehicle can be made available according to the Lexus model's recommended servicing timetable.

9.3 Lexus Dealers will offer Lexus Encore, Platinum and Electrified Members EITHER a service loan vehicle that can be picked up from the dealership when they drop off their vehicle for service OR arrange for Lexus Encore, Platinum and Electrified Member's vehicle to be picked up from their home/office then dropped back to them once the service has been completed.

9.4 At the discretion of each Lexus Dealer, restrictions may apply to Lexus Encore, Platinum and Electrified Members who want their vehicle picked up from their home when they live more than 60km from their servicing Lexus Dealer.

9.5 At the discretion of each Lexus Dealer, a service loan vehicle may not be made available to Lexus Encore, Platinum and Electrified Members if the Lexus Vehicle Owner did not purchase their vehicle through an authorised Lexus Dealer.

10 Lexus Exclusive Events

10.1 From time to time, Lexus may send invitations to Encore Program Members for events using the contact details provided on file by the Encore Program Member. The allocation of tickets to events may be limited and will be allocated on a first-come, first served basis. It is the responsibility of the Encore Program Member to ensure the Lexus Customer Assistance Centre has the correct and up to date contact details. Encore Program Members who wish to access or correct the Personal Information that Lexus holds about them can contact the Lexus Customer Assistance Centre (Monday to Friday 8:00 am to 6:00 pm) on 1800 023 009 or via lexus.com.au/owners/update-details.

11 Lexus DriveCare

11.1 Lexus DriveCare is only available to Lexus Encore, Platinum and Electrified Members. This service is subject to the 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.

12 Lexus on Demand

12.1 Lexus on Demand is only available to Platinum, Electrified and Elevate Members.

12.2 Each member is entitled to a limited number of Lexus on Demand uses. The remaining number can be found in the member’s Lexus App.

12.3 This service is subject to the 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. Availability of Lexus On Demand is subject to vehicle availability and booking period.

13 Valet Parking

13.1 Valet Parking is only available to Platinum, Electrified and Elevate Members. Each member is entitled to a limited number of complimentary valet parking visits. The remaining number can be found in the member’s Lexus App. This service is subject to any further terms and conditions of Encore Partners involved in the provision of this service.

13.2 Complimentary valet parking is only available for the nominated Lexus vehicle/s that your Lexus Encore Program membership is attached to and may not be claimed for any other vehicle.

14 Electrified Member Benefits

14.1 Electrified Member Benefits (in addition to Platinum Member Benefits set out at clause 5) are available to Electrified Members only.

14.2 Each Electrified Member may be eligible for a complimentary ABB Single Phase 7kW AC wall charger supplied and Installed by JET Charge PTY LTD. In addition, each Electrified Member may be eligible for a professional installation of the charger at the Electrified Member’s home. This service is subject to the terms and conditions outlined at https://www.lexus.com.au/owners/benefits, and any further terms and conditions of Encore Partners involved in the provision of this service. Lexus, Encore Partners and Lexus Dealers are under no obligation to provide this service to any Electrified Member and reserves the right, in their reasonable discretion, to determine an Electrified Member’s eligibility for professional home charger installation services.

14.3 Complimentary charging is also available to Electrified Members at selected locations made available by Encore Partners. This service is subject to the terms and conditions outlined at https://www.lexus.com.au/owners/benefits, and any further terms and conditions of Encore Partners involved in the provision of this service.

15 Additional benefits

15.1 Your Lexus Dealer may offer you additional benefits to those detailed above, under the Lexus Encore Program. 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

16 Cancellation or suspension

16.1 Lexus may at any time cancel or suspend a members membership of the Lexus Encore Program by providing the Encore Program Member with written notice where the Encore Program 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.

16.2 Lexus may at any time cancel or suspend a member’s membership of the Lexus Encore Program in circumstances where it is discontinuing the Lexus Encore Program by providing reasonable notice via email to the Encore Program Member.

16.3 If Lexus cancels or suspends a member’s membership in accordance with clause 16.2, the Encore Program Member will be entitled to a refund of a proportion of their membership fees, based on how many benefits they have redeemed under the Lexus Encore Program membership, less Lexus’ reasonable administrative costs.

17 Changes to the Lexus Encore Program

17.1 Lexus may change these Terms and Conditions and the Lexus Encore Program at any time by providing reasonable notice via email, including by:

(a) adding or removing Encore Partners;
(b) adding or removing benefits under the Lexus Encore Program;
(c) varying the terms and conditions for particular benefits under the Lexus Encore Program; or
(d) introducing terms designed to ensure the equitable distribution of benefits under the Lexus Encore Program to Encore Program Members as applicable.

18 Privacy

18.1 The Personal Information collected in connection with the Lexus Encore Program is collected by Lexus, a division of Toyota Motor Corporation Australia Limited. The Personal Information collected by Lexus will be handled in accordance with Lexus' Privacy Policy. A copy of Lexus' Privacy Policy can be accessed at lexus.com.au/privacy.

18.2 The Personal Information that Encore Program Members (or any individual accompanying an Encore Program Member) provide to Lexus and the Encore Partners in connection with the Lexus Encore Program (including Personal Information provided on the Registration Form) will be used by Lexus and the Encore Partners to operate the Lexus Encore Program. It will also be used (without limitation) for the purposes set out in the Lexus Privacy Policy, and below, and may be shared by Lexus to and amongst the Encore Partners for these purposes:

(a) to operate the Lexus Encore Program;
(b) provide Encore Program Members with the applicable benefits under the Lexus Encore Program;
(c) to seek feedback in relation to Lexus products, services and Lexus Encore (including via post, phone, email and SMS). Lexus may contact Encore Program Members for an indefinite period unless and until the Encore Program Member notifies the Lexus Customer Assistance Centre (Monday to Friday 8:00 am to 6:00 pm) on 1800 023 009 that they do not wish to be contacted for this purpose;
(d) assist in the provision of repair and warranty related servicing and support of Lexus Vehicle Owners’ vehicles (including the supply of Lexus parts and accessories) across the Lexus Dealer network;
(e) updating Encore Program Members on Lexus product information and offers;
(f) updating and maintaining Encore Program Members' Personal Information;
(g) to third parties to enable those third parties to supply services in connection with the Lexus Encore Program.

18.3 Lexus also collects Personal Information about Lexus Vehicle Owners from Lexus Dealers and from Encore Partners to enable it to offer Lexus Encore Program membership to those Lexus Vehicle Owners. This information will also be treated in accordance with this clause 18.

18.4 Lexus may also disclose Personal Information about Encore Program Members (and any individual accompanying an Encore Program Member or otherwise obtaining the benefit of an Encore Program Member’s membership) 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 Encore Program Members (and any individual accompanying an Encore Program Member or otherwise obtaining the benefit of an Encore Program Member, and to allow Lexus Dealers to contact Encore Program Members in relation to the sports or leisure interests they have ticked on the Registration Form (if any). Personal Information about Encore Program Members (and any individual accompanying Encore Program Members or otherwise obtaining the benefit of an Encore Program Member’s membership) may be transferred into and out of Australia for these purposes, including to Japan and to the United States.

18.5 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 Lexus Encore Program. If an Encore Program Member (or any individual accompanying Encore Program Members or otherwise obtaining the benefit of an Encore Program Member’s membership) does not provide the Personal Information requested when they are seeking to access a benefit under the Lexus Encore Program, Lexus or the relevant Encore Partner may not be able to provide that benefit to them.

18.6 Lexus' Privacy Policy explains how individuals may access and seek correction of the Personal Information held by Lexus. Individuals who wish to access or correct the Personal Information that Lexus holds about them can contact the Lexus Customer Assistance Centre (Monday to Friday 8:00 am to 6:00 pm) on 1800 023 009 or via lexus.com.au/owners/update-details. Individuals generally have the right to access their Personal Information, subject to some exceptions permitted by law. Individuals should contact their Lexus Dealer directly to access or correct Personal Information held by their Lexus Dealer.

18.7 Lexus' Privacy Policy also explains how individuals may complain about the manner in which Lexus has collected or handled their Personal Information and how Lexus will investigate and respond to their complaint.

18.8 You can contact Lexus by:

Emailing us at: [email protected]

Writing to us at:
Lexus Customer Assistance Centre
PO Box 1676
North Sydney NSW 2059

Telephoning us on: 1800 023 009 (Monday to Friday 8:00 am to 6:00 pm)

19 Liability

19.1 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.

19.2 Lexus, the Encore Partners, Toyota Motor Corporation and their officers, employees, contractors and agents will not be liable to any Encore Program Member (or any individual accompanying an Encore Program Member or otherwise obtaining the benefit of an Encore Program 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.

20 General

20.1 Lexus may engage third parties to supply services for it in connection with the Lexus Encore Program.

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

20.3 In the event of any inconsistency between these Terms and Conditions and the terms and conditions contained in any other material relating to the Lexus Encore Program or its benefits, these Terms and Conditions will prevail to the extent of any inconsistency.

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

20.5 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.

21 Interpretation

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

21.2 Unless the context requires otherwise:

(a) the singular includes the plural, and the plural includes the singular;
(b) if a word or phrase is defined, another grammatical form of that word or phrase has a corresponding meaning; and
(c) the word "includes" in any form is not a word of limitation.

22 Definitions

22.1 "Electrified Member” means an Encore Program Member who owns an eligible electric Lexus vehicle which are the RZ & UX300e, and is provided Electrified Member Benefits and whose membership has not expired or been terminated in accordance with clause 4.2.

22.2 "Electrified Member Benefits” means the benefits and privileges made available to all Electrified Members, as described on the Lexus Owners’ Website or in other promotional materials for the Electrified Member Benefits, as varied by Lexus from time to time.

22.3 “Elevate Member” means an Encore Program Member who has purchased a membership in accordance with clause 5, and is provided Elevate Member Benefits and whose membership has not expired or been terminated in accordance with clause 4.2.

22.4 “Elevate Member Benefits” means the benefits and privileges made available to all Elevate Members, as described on the Lexus Owners’ Website or in other promotional material for the Elevate Member Benefits, as varied by Lexus from time to time.

22.5 “Encore Membership Period” means the duration of each Lexus Encore Program, as outlined in clause 4.4.

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

22.7 "Encore Program Member" means a Lexus Vehicle Owner who has successfully completed the registration in accordance with clause 4.1 and whose Lexus Encore Program membership has not expired or been terminated in accordance with clause 4.2.

22.8 "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.

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

22.10 “Lexus Encore Member” means an Encore Program Member who owns an eligible Lexus Vehicle, and is provided Lexus Encore Member Benefits and whose membership has not expired or been terminated in accordance with clause 4.2.

22.11 “Lexus Encore Member Benefits” means the benefits and privileges made available to all Lexus Encore Members and Encore Program Members as described on the Lexus Owners Website or in other promotional materials for the Lexus Encore Member Benefits, as varied by Lexus from time to time.

22.12 “Lexus Encore Program" means the Encore membership program offered by Lexus to eligible Encore Program Members which includes a range of Encore products with specific benefits and privileges in accordance with clause 3.

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

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

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

22.16 “Platinum Member” means an Encore Program Member who has purchased a Lexus vehicle and is gifted Platinum Member Benefits in accordance with clause 7 and whose membership has not expired or been terminated in accordance with clause 4.2.

“Platinum Member Benefits” means the benefits and privileges made available to Platinum Members, as described on the Lexus Owners' Website or in other promotional material for the Platinum Benefits, as varied by Lexus from time to time.

"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.

22.17 "Terms and Conditions" means these terms and conditions, as amended from time to time.

22.18 "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 Terms and Conditions for further detail.

1 About Lexus On Demand

(a) This Agreement is between Toyota Motor Corporation Australia Limited (ABN 64 009 686 097), (referred to herein as Lexus, “we” or “us”) and you, and governs your use of the Lexus On Demand (LOD) service.

(b) This Agreement will operate for the term of your Lexus Encore Program membership unless otherwise terminated in accordance with the terms of this Agreement.

2 Eligibility

2.1 Eligibility to use LOD

To use the LOD service you must:

(a) be a current Platinum Member, Elevate Member, or Electrified 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 us 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 this Agreement.

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 term of this Agreement, you must notify us as soon as practicable.

(b) You consent to Lexus checking your personal information with the document issuer or official record holder via third party systems as reasonably required for the purpose of confirming your identity in relation to renting a Vehicle and/or your use of LOD.

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

(d) You agree that we may store your nominated credit card information with a third-party provider of payment gateway services.

(e) Lexus reserves the right to refuse, cancel or discontinue the rental of a Vehicle to you or otherwise make the LOD service available to you, or to restrict your use of the service at our sole discretion and without notice.

(f) Lexus may request further information and documentation as reasonably required for the purposes of this agreement from you at during the Term.

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 sun roof 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 or approval required by this agreement 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 and Electrified Members

(a) Eligible Platinum and Electrified Members, subject to the terms of this Agreement 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 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 we 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 this Agreement.

4.1.2 Elevate Member

(a) Eligible Elevate Members, subject to the terms of this agreement 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 we 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 this Agreement.

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 - 25 years or older: $2,000. Under 25 years: $3,000

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, 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 us by you under this Agreement.

4.3 Payment

(a) By entering into this Agreement, 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 this Agreement 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, Lexus reserves the right to:

(i) cancel or suspend your Lexus Encore Program membership,
(ii) terminate this Agreement,
(iii) recover the Vehicle from you, or
(iv) 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 LOD mobile or web application.

(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 us 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 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(d).

(b) If you do not refuel the Vehicle before returning your Vehicle to us 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 us 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 this Agreement or otherwise due to your negligent action or inaction which results in us 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 us.

7.3 Daily Limits

A maximum daily kilometre limit applies to your use of the Vehicle (Daily Allowance). 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.

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 this Agreement) 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 us 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 us 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 this agreement whether in contract, tort (including negligence), statute or any other cause of action is limited to the value of the Booking.

(c) You indemnify Lexus and Lexus’ Representative against any liability, loss, damage, compensation and costs and expenses 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 against all loss suffered by you as a result of our fraud or negligence under this Agreement.

10 Suspension and Termination

10.1 Suspension

(a) Lexus may suspend or cancel your Lexus Encore Program membership, 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 breached the terms of this Agreement, including a failure to pay fees or charges; or
(vii) Lexus has provided you 14 days’ notice that Lexus is cancelling your Membership, including because Lexus has decided to suspend the LOD service.

(b) If your Membership has been suspended, any upcoming Bookings will be cancelled and you will not be able to make further Bookings until your Membership has been reinstated.

10.2 Termination

(a) Either party has the right to terminate this Agreement by notice in writing to the other party if the other party commits a breach of this Agreement and either:

(i) the breach is material and not capable of being cured; or

(ii) the breach is capable of being cured and the defaulting party fails to cure the breach within 7 days of being notified in writing of the breach by the party giving the notice.

(b) If your Lexus Encore Program membership is terminated, this Agreement will also be simultaneously terminated.

11 Disputes

(a) If you believe a dispute has arisen under this Agreement, 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 12(c) or (d).

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

12 Changes

(a) Unless otherwise expressly stated to the contrary in this agreement any variations to this agreement must be varied between the parties in writing.

13 General

(a) This Agreement constitutes the entire agreement of the parties about its subject matter and supersedes all previous agreements, understandings and negotiations on that subject matter.

(b) A provision of this Agreement or a right created under it, may not be waived or varied except in writing, signed by the party or parties to be bound.

(c) Nothing contained or implied in this Agreement creates any partnership, agency or trust. No party has any authority to bind another party in any way.

(d) A party must not assign or otherwise deal with their rights under this Agreement or allow any interest in them to arise or be varied without the other parties’ consent. You agree that we may assign our rights under this Agreement in our discretion by notifying you in writing and your continued use of the LOD service shall constitute acceptance of the assignment.

(e) This Agreement is governed by the laws of Victoria, Australia. Each party submits to the non- exclusive jurisdiction of the courts of that place.

14 Interpretation and definitions

14.1 Interpretation

Headings are for convenience only and do not affect interpretation. Unless the contrary intention appears, in this document:

(a) the singular includes the plural and vice versa;

(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; and

(c) a reference to a time of day is a reference to Victorian time.

14.2 Definitions

Agreement means this agreement together with any annexures or schedules and any documents incorporated by reference.

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

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.

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

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

Platinum 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 Website.

LOD means the Lexus on Demand rental service provided on the terms and conditions set out in this Agreement.

Lexus App means the mobile application through which you can view and book Vehicles.

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 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).

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 for Booking through the LOD mobile or web application.

You or Your means you.