ENFORM TERMS AND CONDITIONS

  1. General: These terms and conditions of use (Terms) are agreed between you, as the user of the Lexus Enform platform and component applications (you, your) and Toyota Motor Corporation Australia Limited (ABN 64 009 686 097), (Lexus, us, we, our) as the provider of the Lexus Enform software platform and component applications (Services). The agreed Terms include these General Terms and any applicable 3rd party software application terms (3rd party Terms of Service), including any amendments we make from time to time. By accessing and using the Services you agree to these Terms and unless stated otherwise by Lexus, these Terms will govern any upgrade or modification to your to the Services, as displayed on your mobile device and/or in-vehicle interface.

  2. What is Lexus Enform? Lexus Enform is a convenient, hands-free communication system between your compatible smartphone and your in-car display screen and is designed to enhance your motoring experience. We will provide you with the Services, which are described at the Lexus Enform website at https://www.lexus.com.au/enform/about subject to these Terms. To the extent of any inconsistency between the Lexus Enform website and these Terms, these Terms will prevail to the extent of that inconsistency. The Services are not a primary safety or security feature and may not operate in all circumstances. The Services are intended to be used only in accordance with these Terms, available at https://www.lexus.com.au/enform/terms and instructions available at https://www.lexus.com.au/enform/support. The Services are not intended to be used in any other situations. Please be aware that if the Services are used for other than the intended purposes, this may result in loss, damage or injury to you, your vehicle, your passengers or a third party or their property.

  3. 3rd party services, data and websites: The Services may enable access to third party services, data and web sites (Third Party Services), use of which may require internet access. By accessing the Third Party Services, you accept any additional Third Party Terms of Service. You understand that the provision of the Services may include third party data, for example location of streets, points of interest and phone numbers. The use of any third party data is on an "as is" basis and we do not represent or guarantee that the data is effective, complete, accurate or fit for any particular purpose. You understand that in accessing and using Third Party Services you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that Lexus shall not have any liability to you for content that may be found to be offensive, indecent or objectionable. Lexus and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Lexus be liable for the removal of or disabling of access to any such Services. Lexus may also impose limits on the use of or access to certain Services, in any case and without notice or liability.Certain Services may display, include or make available content, data, information, applications or materials from third parties (Third Party Materials) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Lexus is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Lexus does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third Party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties.

  4. Privacy Statement: By accessing and using the Services you may provide us with your personal information. We are committed to protecting your privacy and are required to comply with the Australian Privacy Principles in the Privacy Act 1988 (Cth) when we collect and handle your personal information. This includes providing you with the right to access and correct your personal information, subject to some exceptions allowed by law.

  5. Accessing your personal information: You can request access to the personal information we hold about you by contacting us in any of the ways set out below, and we will generally provide you with access subject to some exceptions permitted by law. We may charge an access fee to cover the reasonable cost of retrieving the information and supplying it to you.Access to personal information may be refused in a number of circumstances, such as where the information relates to anticipated legal proceedings or the request for access is frivolous or vexatious. If we deny or restrict your access, we will explain why. For further information, please see the Lexus Australia privacy policy available at https://www.lexus.com.au/smallprint/privacy.
  6. If you would like to access or correct your personal information, you can contact us by either:

    1. Emailing us at: enquiries@lexusenquiries.com.au

    2. Writing to us at:   Privacy Officer

    Corporate Affairs

    Toyota Motor Corporation Australia

    155 Bertie Street

    Port Melbourne Vic 3207

    3. Telephoning us on: 1800 023 009

  7. Voice recording: All calls between you and the Lexus Customer Assistance Centre are recorded and retained by the Lexus Customer Assistance Centre.

     

  8. Information about you and your vehicle: We may collect information as a result of your ongoing use of the Services, including your compatible smartphone’s GPS location. Location information will be used for providing the Services. If you choose to activate the Services (or component applications thereof), we will use the personal information you provide in connection with your use of the Services for the purpose of supplying you with the Services and to enhance your motoring experience. We may disclose your personal information to our related bodies corporate, Lexus Enform service providers and authorised Lexus dealers for this purpose. If you do not provide us with the personal information we require, we may not be able to supply the Services to you. We may also use your personal information for marketing and promotional purposes and may disclose it to our related bodies corporate, authorised Lexus dealers, marketing and communications agencies and mailing houses in order to send you information about our products and services. You agree that your information may be collected, held, used and shared with our related bodies corporate (including our parent company Toyota Motor Corporation in Japan), authorised Lexus dealers, Lexus Enform service providers and marketing and communications agencies and mailing houses to provide you an integrated customer experience across the network and to send you marketing communications from any of these previously mentioned entities, unless and until you opt out.You can let us know at any time if you do not want the personal information we hold about you to be used or disclosed for any of the above purposes, or you do not wish to be contacted in any of the above ways, by contacting us in any of the ways set out at the clause 5 of these Terms.In some circumstances we may need to contact you to obtain additional information, to verify your identity or to clarify your request. For more information about how Lexus and each of the previously mentioned entities handles your personal information (including your rights of access/correction and how you can lodge complaints) please refer to that organisation’s privacy policy available from its website. If you do not want us (or marketing and communications agencies on our behalf) to contact you for this purpose, please let us know by notifying us in any of the ways set out at the clause 5 of these Terms. Please note however that your Lexus Dealer is a separate organisation to us, and may also send you information about Lexus products and services. If you do not wish to receive this information from your Lexus Dealer, you may advise them of this directly.

     

  9. Analytics Information: We will also collect some non-personal information relating to the performance of the Services and applications including, without limitation, device state information, unique device identifiers, device location information and information about how the application was used. This information will be used to inform us about how the Services are performing and it may be disclosed to third party providers that we engage to track and collect information about the functioning of applications and how they can be improved. Some of our third party providers are located overseas and as a result you authorise us to transfer and store this information outside of Australia.

     

  10. Subscription Fees: For vehicles purchased and delivered by a Lexus Dealer in Australia Lexus Enform will be free for a period of 3 years from the date of purchase (Initial Period). We will not charge you a subscription fee for the Services during the Initial Period. Thereafter Lexus reserves the right to charge a subscription fee for the Services, however we will publish details about this or any fee prior to implementation on https://www.lexus.com.au/enform/about.

     

  11. Third party Fees: In addition to subscription fees that may be charged by us for the Services after the Initial Period, your use of particular Services may incur additional fees charged by third party service providers (for example fees associated with data usage and arising from your use of the relevant applications comprising the Services). You are liable for any third-party fees or charges incurred as a result of your use of the Services at any time. You may be required to provide your credit card information or other payment details before you can access these particular Services.

     

  12. Excessive Use: If at any time your use of the Services is so excessive that it interferes with our ability to provide the Services to other customers, we may suspend or revoke your access to the Services, at our sole election.

     

  13. Availability: Lexus Enform Services use the Lexus Enform mobile application, downloaded to your compatible smartphone and connected to your vehicle via Bluetooth® [1]. The Services will be provided to your vehicle only: within Australia; if the Lexus Enform hardware and software is up to date on both your vehicle and compatible smartphone; your compatible smartphone is connected to your vehicle; when your vehicle is within the operating range of your telecommunications carrier and in an area not affected by atmospheric and topographical conditions (e.g. bad weather or when indoors or underground); and subject to the technological limitations of the communication and GPS systems that the Services rely upon, including your carrier service being operational or available and the availability of GPS location information. Due to the large number of different mobile phones on the market and continual development of devices, Lexus cannot fully guarantee compatibility of your device with Lexus Enform and we recommend checking functionality of your device when connected to your vehicle. 

     

  14. Limited Warranty: Except as provided by law, the Services are provided “as is” and we do not warrant that the Services will be uninterrupted or error free. No express warranty is made in relation to the availability, accuracy or reliability of information or content of the Services. Nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth) or any other applicable laws in the States and Territories of Australia. To the maximum extent permitted by law, our liability for breach of any statutory consumer guarantee provided under the Competition and Consumer Act 2010 (Cth) is limited, at our option, to: in the case of goods, either replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and in the case of services, either resupply of the services or payment of the cost of the resupply of the services.

     

  15. Limitations: Apart from the technological limitations outlined above, the Services may also be affected by the electrical system design and architecture of your vehicle and the installation of window tinting. For example, if your vehicle's battery is discharged, disconnected, in 'sleep' or 'power off' mode or if the electrical component is damaged in an accident, then the Services may not be available. The installation of window tinting may also obstruct GPS signals. Many window tinting films contain some metallic content that can interfere with GPS signals. We recommend that only organic or charcoal based window tinting be used on a vehicle fitted with the Lexus Enform system. The availability of Services is also subject to applicable legislation, government regulations or orders, the capability limitations of the Lexus Enform systems and any modifications and upgrades that may be carried out to those systems. We may also suspend the Services at any time without notice and liability in an emergency or temporarily deactivate the Services for nuisance or safety reasons. We may at any time change or cease, temporarily or permanently, any element or functionality of the Services, including but not limited to, introducing new applications or functionality, or supplementing, changing or discontinuing any part of the current applications or functionality.

     

  16. Termination: We may discontinue the Services in part or in full at any time if you breach these Terms. We may also suspend or terminate the Services at any time without notice or liability: in the event of circumstances beyond our reasonable control which results in us being unable to perform on time our obligations under these Terms (including, without limitation, fire, storm, explosion, an act of God or terrorism); or if it is impractical to continue the Services; or if we are unable to secure or obtain the rights necessary to provide the Services including, without limitation, connections necessary for the transmission of signals between your location, the Lexus Customer Assistance Centre and any other location which we deem necessary for the provision of any or all of the Services.We may also terminate the Services for operational reasons with reasonable notice to you. In such circumstances we will refund any subscription payments charged for services which will not be provided to you. You may terminate the Services upon notice to the Lexus Customer Assistance Centre or by other methods notified to you by us from time to time, subject to any additional terms and conditions related to your subscription to the Services.

     

  17. Liability and indemnity: You acknowledge that use by you of the Services is at your own risk. Except for any liability that cannot by law be excluded or limited, We (including our respective officers, employees and agents) exclude all liability for any loss or damage, whether direct, indirect, special or consequential (including loss of opportunity), arising in any way out of or relating to our provision or otherwise of the Services. To the extent that any liability cannot be excluded by law, We limit our liability for any loss or damage suffered or incurred by you in respect of the use of the Services to the minimum allowed by law or, where no minimum is specified, AUD $100. To the extent permitted by law, this paragraph applies regardless of the form of action, damage, claim, liability, cost, expense or loss, whether in contract, statute, tort (including, without limitation, negligence) or otherwise.

     

  18. IP Rights and Intellectual Property: Use of the Services by you does not grant you any intellectual property rights in or to any information or content in the Services, or to the underlying Applications further to which the Services are provided. You agree to comply with all applicable laws and use the Service for your own personal use.You agree not to make copies, give, sell, resell, loan, rent, offer, broadcast, send, distribute, transfer, communicate to the public, reproduce, modify, display, perform, commercially exploit or make any content associated with the Service available unless otherwise authorised in these Terms. You agree not to remove, circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any applicable usage rules or attempt to circumvent digital rights management or copy protection features associated with content in the Service or any other technologies used to control the access to or use of content in the Service or its identifying information.

     

  19. Indemnity: You indemnify us, Lexus, our related bodies corporate (Toyota Group) and all officers, employees and agents of Lexus, the Toyota Group and Dealers against any liability or cost which any of Lexus, the Toyota Group, their officers, employees and agents and Dealers incurs concerning any claim or action by any person arising from any act or omission by You (including negligence) or any breach of these Terms by you.

     

  20. Miscellaneous:

Lawful use of the Services: In some States/Territories some or all of the Lexus Enform functions are not permitted while driving. Please check your local road rules before enabling or using these functions.

Insurance: You are responsible for procuring and maintaining your own personal injury and property loss insurance during the Term.

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

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

[1] The Bluetooth® word mark is owned by The Bluetooth SIG, Inc.