The Lexus Australia Website and the Lexus Dealer Website (each a “Lexus Website”), is a service provided by Lexus Australia and its authorised Lexus dealers (collectively referred to in these Terms of Use as “Lexus”) for the following purposes:

1. Informing its Customers about Lexus products and services; and
2. Enabling Customers to provide information to Lexus.

Lexus Financial Services and Lexus Premium Care insurance and warranty information contained on this website is provided by Lexus Financial Services, a division of Toyota Finance Australia Limited.

By accessing or otherwise using a Lexus Website you agree to be bound by these conditions of use and you acknowledge that Lexus provides a Lexus Website to you on these conditions of use. Lexus is entitled at its reasonable discretion to change, modify, amend, add or remove any part of these conditions of use and to change, amend or delete any features of a Lexus Website at any time without notice. Your continued use of a Lexus Website after this time constitutes an agreement by you to abide by and be bound by these conditions of use, as so amended.

INTELLECTUAL PROPERTY PROTECTION

Lexus owns all intellectual property in a Lexus Website, unless indicated otherwise. Subject to these conditions of use, Lexus grants to you a non-exclusive and non transferable limited licence to do the following:

1. View and download information directly accessible through a Lexus Website; and
2. Use information directly accessible through a Lexus Website.

You agree that, subject to your use of a Lexus Website in accordance with the limited licence granted to you, you will not infringe Lexus's intellectual property in a Lexus Website and will not modify, copy, republish, frame, distribute or communicate any part of a Lexus Website or any information contained therein or otherwise use them in a way which will infringe Lexus's intellectual property or other property rights.

DISCLAIMER

Except as provided by law, Lexus Websites are provided "as is" and without any warranty or condition, express or implied. Lexus does not warrant that the information contained in or accessible through a Lexus Website is accurate, suitable for your purposes or without errors, omissions or viruses nor does Lexus guarantee continuous, uninterrupted or secure access to a Lexus Website.

You acknowledge that access and use of a Lexus Website (including the software operating in connection with a Lexus Website) may be interfered with by numerous factors outside of Lexus's control. Lexus does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through a Lexus Website.

Subject to the provisions of the Competition and Consumer Act 2010, Lexus makes no representations or warranties in respect of the information and materials available on a Lexus Website or the means of accessing that information and material (including the software operating in connection with a Lexus Website).

Lexus makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Lexus which are or may become linked or framed to or from a Lexus Website.

PERSONAL INFORMATION SUBMITTED VIA THIS WEBSITE

If you submit personal information via a Lexus Website, your information may be collected, held, used and shared within the OneLexus network* to provide you an integrated guest experience across the network and, with your consent, to provide you with information about Lexus products and services and will be handled in accordance with the privacy policies of those OneLexus organisations that deal with you (as applicable) available at lexus.com.au/privacy. *OneLexus comprises: Lexus Australia; Lexus Financial Services; authorised Lexus dealers in Australia; and Aioi Nissay Dowa Insurance Company Australia Pty Ltd trading as “Lexus Insurance”.

USE OF INFORMATION

If you upload or otherwise provide any information or content ('Content') in the course of accessing or using a Lexus Website, you agree that such Content will be available to Lexus to use in any manner it thinks fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any Content: which:

1. Is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, degrading; or
2. Infringes the intellectual or other proprietary interests of third parties; or
3. Impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Lexus considers to be inappropriate; or
4. Contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of a Lexus Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of a Lexus Website or otherwise breaches or encourages other users to breach these terms of use; or
5. Violates any law, statute or regulation; or
6. Forges information to disguise the origin of any Content; and
7. Encourages or incites any other Customer to engage in any of the above behaviour.

You agree to grant Lexus a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also consent to any act or omission by Lexus in respect of the Content which would, but for this clause, amount to an infringement of your moral rights or similar rights you may have or may acquire in the future in that Content.

LIMITATION OF LIABILITY

To the extent permitted by law, you agree that Lexus is not liable to you or anyone else for any loss or damages (including direct, indirect, special or consequential loss) arising out of or in connection with the use of a Lexus Website, the use by Lexus of information provided by you to Lexus through a Lexus Website or any such loss or damage which may arise should you be unable to access a Lexus Website, for whatever reason and however arising, including negligence.

Nothing in these Terms of Use 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 (“Non-Excludable Condition”).

To the extent permitted by law, Lexus expressly limits its liability for breach of a Non-Excludable Condition to the following remedies:

In the case of goods, any one more of the following:

1. The replacement of the goods or supply of equivalent goods;
2. The repair of the goods;
3. The payment of the costs of replacing the goods or of acquiring equivalent goods; or
4. The payment of the costs of having the goods repaired; and

In the case of services:

1. Supply of the services again; or
2. The payment of the cost of having the services supplied again.

You must not establish links on any other website to a Lexus Website or any other part or parts of a Lexus Website without the prior written consent of Lexus. If you would like us to link to your website, please contact Lexus through the contact section of this site to sign up to our Standard Linking Agreement.

BREACH AND TERMINATION

If you breach any provision of these terms of use Lexus may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of a Lexus Website.

CHOICE OF LAW AND USE OF LEXUS WEBSITE

These conditions of use, and the agreement of which they form part, is to be governed by the laws of the State of Victoria, Australia. Lexus has designed the Lexus Websites for use only within Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using a Lexus Website outside of Australia.

Lexus Websites are available only to people in Australia who can form legally binding contracts under applicable law.

NO AGENCY

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and Lexus by these terms of use.

LEXUS INSURANCE

The insurance information on this website contains general information only and does not replace any policy referred to.

Before making a decision in relation to any of the products featured on this website, please refer to the Product Disclosure Statement (PDS) and Target Market Determination for that product, available at your participating Lexus Dealer. Lexus Insurance is a division of Aioi Nissay Dowa Insurance Co., Ltd. ABN 39 096 302 466, AFSL Number 254489 (Adica). The insurer is Adica.