1. General: These terms of use (Terms) are agreed between you (you, your), as the user of the Lexus Enform platform (Application) made available to you by way of your in-vehicle console and compatible smartphone, and component software applications (the Services) and Toyota Motor Corporation Australia Limited (ABN 64 009 686 097), (Lexus, us, we, our) as the provider of the Application and the Services. The Application and Services (to the extent that such services are not Third Party Services) are owned and operated by Lexus and Lexus provides you with access to the Application and the Services subject to these Terms and any applicable third party software application terms (Third Party Terms), including any amendments we make from time to time.  By accessing and using the Application and the Services you agree to these Terms and unless stated otherwise by Lexus, these Terms will govern any upgrade or modification to the Application and/or the Services, as displayed on your mobile device and/or in-vehicle interface.
   
   
2. License: The Application(and component Services) are licensed, not sold, to you for use only under these Terms and Lexus reserves all rights not expressly granted to you.Scope of License: This license granted to you by Lexus is limited to a non-exclusive, non-transferable licence to (as applicable)use the Application(and any component Services provided to you by way of the Application)on any compatible device that you own or control and/or through your in-vehicle console. However, nothing in these Terms allows you to:
   2.1. Use the Application(or Services)on any device that you do not own or control;
   2.2. Distribute or make the Application(or Services)available over a network where it could be used by multiple devices at the same time;
   2.3. Rent, lease, lend, sell, redistribute or sublicense the Application(or Services); or
   2.4. Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application(of Services), any updates, or any part thereof (except to the extent permitted by these Terms, applicable law or the licensing terms governing use of any open source components included with the Application and/or Services).
   
   
3. What is the Lexus Enform Application? The Lexus Enform platform (which we refer to as the “Application” in these Terms) 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 access to the Application and the Services, which are described at the Lexus Enform website at www.lexus.com.au/enform/about subject to these Terms. To the extent of any inconsistency between the website and these Terms, these Terms will prevail to the extent of that inconsistency. The Application (and the Services provided through the Application) are not a primary safety or security feature and may not operate in all circumstances. The Application and the Services are intended to be used only in accordance with these Terms and instructions available at https://www.lexus.com.au/connectivity/enform-terms. The Application and the Services are not intended to be used in any other situations. Please be aware that if the Application and 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.
   
   
4. 3rd party services, data and websites: The Application and 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 3rd Party Services, you accept any additional terms of use required for such services and you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Application (and component Services) may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Lexus does not warrant that the Application (and component Services) are free of viruses or other harmful elements.
   
   You understand that the provision of the Application and 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 Application and 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 the Application and any Services at any time without notice. In no event will Lexus be liable for the removal of or disabling of access to the Application and any such Services. Lexus may also impose limits on the use of or access to the Application or certain Services, in any case and without notice or liability.  
   
   The Application and 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 Application and 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.
   
   
5. Privacy Statement: By accessing and using the Application and 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.
   
   
6. 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 www.lexus.com.au/smallprint/privacy.
   
   If you would like to access or correct your personal information, you can contact us by either:
   1. Emailing us at: [email protected]
   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 Application and the Services, including but not limited to:
   8.1. technical data and related information, including but not limited to your compatible smartphone’s GPS location, technical information about your device, system and application software, and peripherals that is gathered periodically; and
   8.2. if you log into the Application of Services using your profile on a Third Party Service, website or application, data from your profile on such service, website or application,
   in each case to facilitate the provision of software updates, product support and other services to you (if any) related to your use of the Application and/or Services. Lexus may use this information to improve its products and/or provide services or technologies to you.
   If you choose to activate the Application (or component applications thereof, i.e. Services), we will use the personal information you provide in connection with your use of the Application and Services for the purpose of supplying you with the Application and Services and to enhance your motoring experience. We may disclose your personal information to our related bodies corporate, Application and 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 Application or 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 6 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 6 of these Terms.  Please note however that your Dealer is a separate organisation to us and may also send you information about its products and services. If you do not wish to receive this information from your 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 Application or Services including, without limitation, device state information, unique device identifiers, device location information and information about how the Application or Services were used. This information will be used to inform us about how the Application and 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 services 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. Third party Fees: Your use of the Application and particular Services may incur fees charged by third party 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 Application and the Services at any time. You may be required to provide your credit card information or other payment details before you can access certain Services made available through the Application.

     

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

     

12. Availability: The Application and the Services are downloaded to your compatible smartphone and connected to your vehicle via Bluetooth®. The Application and 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 Application and 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 the Application and the Services and we recommend checking functionality of your device when connected to your vehicle. 

     

13. Limited Warranty: You expressly acknowledge and agree that your use of the Application and the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. 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 applicable law, the Application and the Services are provided on an “as is” and “as available” basis, with all faults and without warranty of any kind and Lexus hereby disclaims all warranties, guarantees and conditions with respect to the Application and the Services.  Lexus does not warrant against interference with your enjoyment of the Application and the Services, that the functions contained within the Application or Services or performed or provided by them will meet your requirements, that the operation of the Application or Services will be uninterrupted or error-free, or that defects (if any) in the Application or Services will be corrected. No oral or written information or advice given by Lexus or its authorised representative shall create a warranty.
     
    Lexus expressly limits its liability for breach of a condition or warranty implied or a consumer guarantee imposed by virtue of any legislation to the following remedies (the choice of which is to be at Lexus’ sole discretion):
     
    - in the case of goods, any one or more of the following:
    the replacement of the goods or supply of equivalent goods;
    the repair of the goods;
    the payment of the costs of replacing the goods or of acquiring equivalent goods; or
    the payment of the costs of having the goods repaired; and
     
    - in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
    
    The information accessed via the Application or any Service is not exhaustive. Lexus will make reasonable efforts to ensure that the information provided via the Application and/or Services is accurate and current, but makes no warranties or representations that this information is accurate, complete, current or suitable for your purposes. In particular, location data provided by the Application or any Service is for basic navigational purposes only and is not intended to be relied upon.

     

14. Limitations: Apart from the technological limitations outlined above, the Application and/or 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 Application and/or 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 the GPS signals. We recommend that only organic or charcoal based window tinting be used on a vehicle fitted with the in-vehicle display incorporating the Application. The availability of the Application and/or Services is also subject to applicable legislation, government regulations or orders, the capability limitations of the in-vehicle display, the Application and/or Services and any modifications and upgrades that may be carried out to those systems and applications. We may also suspend the Application and Services at any time without notice and liability in an emergency or temporarily deactivate the Application and/or Services for nuisance or safety reasons. We may at any time change or cease, temporarily or permanently, any element or functionality of the Application and/or Services, including but not limited to, introducing new applications or functionality, or supplementing, changing or discontinuing any part of the current applications or functionality.

     

15. Termination: We may discontinue the Application and/or Services in part or in full at any time if you breach these Terms. We may also suspend or terminate the Application and/or 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 Application and/or Services; or if we are unable to secure or obtain the rights necessary to provide the Application and/or 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 the Application and any or all of the Services.  We may also terminate the Application and/or Services for operational reasons with reasonable notice to you. You may terminate the Application and Services upon notice to the Lexus Customer Assistance Centre or by other methods notified to you by us from time to time. Should you wish to terminate the Application and/or Services and such termination includes Third Party Services, such termination will be subject to Third Party Terms.

     

16. Liability and indemnity: You acknowledge that use by you of the Application and 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(including direct, indirect, special or consequential damages, loss of opportunity, loss of profits, loss of data or business interruption costs) arising out of or related in any way to your use or inability to use the Applicationand/or the Services, however caused, regardless of the theory of liability (contract, tort, including negligence or otherwise) and even if Lexus has been advised of the possibility of such damages. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 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 ofthe Application and/or the Services to the minimum allowed by law or, where no minimum is specified, $100.

     

17. Indemnity: You indemnify us, the Toyota Group and its officers, employees and agents and Dealers against any liability or cost which any of the Toyota Group, its 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.

     

18. Export Restrictions: You may not use or otherwise export or re-export the Application or the Services except as authorised by United States law and the laws of the jurisdiction in which the Application and Services were obtained. In particular, but without limitation, the Application and Services may not be exported or re-exported: (i) into any U.S. embargoed countries; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application and Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Application or Services for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

     

19. Intellectual Property Rights: Lexus owns all intellectual property in the Application and Services (except to the extent that a service is a Third Party Service) unless indicated otherwise. You agree that, subject to your use of the Application and Services in accordance with the limited licence granted to you in these Terms, you will not infringe Lexus’s intellectual property in the Application and Services and will not modify, copy, republish, frame, distribute or communicate any part of the Application or Services or any information contained therein or otherwise use them in a way which will infringe Lexus’s intellectual property or other property rights.
    
    
20. If a third party alleges or makes a claim that the Application or the Services infringe that third party's copyright or proprietary rights, your sole remedy and Lexus’s entire liability in relation to such claim or allegation shall be, in Lexus’ sole and absolute discretion, to: (i) replace or modify the infringing materials so that they are non-infringing; (ii) obtain a licence for you to use the infringing materials or (iii) terminate your access to the Application and/or Services.
    
    
21. Miscellaneous: 

Lawful use of the Services: In some States/Territories some or all of the Application (and component Service) 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.