Encore Owner Benefits Terms and Conditions
LEXUS ENCORE AND LEXUS ENCORE PLATINUM OWNER BENEFITS TERMS & CONDITIONS
1.1. These terms and conditions form part of the agreement between Lexus and the Encore Member for provision of Lexus Encore.
2.1. The meaning of capitalised terms used in these Terms and Conditions can be found in clause 17.
3. Encore Privileges Programme superseded by Lexus Encore.
3.1. From 1 January 2020 Encore Privileges Programme has been replaced by Lexus Encore, and all Encore Privileges Programme members are now Encore Members.
3.2. Lexus Encore Owner Benefits are available to all Encore Members; however, the Encore Eligibility Period varies for vehicles purchased prior to 1 January 2020.
3.3. Lexus Encore Platinum Owner Benefits are only available to Encore Platinum Members.
4.1. Enrolment in Lexus Encore Owner Benefits is complimentary on delivery of new vehicles and Lexus Certified Pre-Owned vehicles purchased on or after 1 January 2020.
4.2. Enrolment in Encore Platinum Owner Benefits is complimentary on L and F model purchases and other certain eligible vehicle purchases as determined by Lexus and Lexus Dealers from time to time.
4.3. Subject to clause 4.5, one Lexus Encore membership is available in respect of every Lexus vehicle for the applicable Encore Eligibility Period. Individuals may only have one Lexus Encore membership for each Lexus vehicle they own. Membership is not transferable.
4.4. The remainder of any unused portion of a vehicle’s Encore Eligibility Period transfers with the vehicle if the vehicle is sold or transferred to a new Owner or leased from a Lexus Dealer or from a third party during the vehicle’s Encore Eligibility Period.
4.5. Lexus Encore is not available in respect of Lexus vehicles that are purchased for use as, or otherwise used as, vehicles for commercial hire or used to carry people or items for a fee, including rideshare.
4.6. Any one of the following individuals is eligible for Lexus Encore membership in respect of a Lexus vehicle within the Encore Eligibility Period:
4.6.1. where the Owner is an individual, either:
4.6.2. the Owner; or
4.6.3. the regular driver or custodian of the vehicle; or
4.6.4. where the Owner is an organisation, the regular driver or custodian of the vehicle.
4.7. The individual who is enrolled for Lexus Encore under clause 4.6 may also nominate their spouse (including any person with whom they are in a De Facto Relationship) (the "Encore Members' Partner"). The Encore Members' Partner will be eligible to access the Lexus Encore Owner Benefits (or Lexus Encore Platinum Owner Benefit where relevant) available to the Encore Member.
4.8. Membership to Lexus Encore must be made by completing the Registration Form at a Lexus Dealer at the time of vehicle delivery or, in the event of a private sale during the Encore Eligibility Period, by calling the Lexus Customer Assistance Centre on 1800 023 009, requesting and completing a Lexus Encore Registration Form.
4.9. Applicants must accept these Terms and Conditions before their membership to Lexus Encore will be approved by Lexus. Acceptance takes place when the Registration Form is completed and signed. If an Encore Members' Partner is nominated by the applicant, the Encore Members' Partner must also accept these Terms and Conditions by signing the Registration Form in the designated place.
4.10. Membership to Lexus Encore will continue for the duration of the Encore Eligibility Period, until the earlier of the following occurs:
4.10.1. there is a change in ownership of the Lexus vehicle to which the Lexus Encore membership relates (in which case the Encore Member is required to notify Lexus of the change in ownership by contacting the Lexus Customer Assistance Centre on 1800 023 009, and the Encore Eligibility Period will transfer with the vehicle);
4.10.2. the Encore Eligibility Period for the Lexus vehicle to which the membership relates expires or is cancelled (including, without limitation, the vehicle being written off).
4.10.3. the Encore Member cancels their membership by calling the Lexus Customer Assistance Centre on 1800 023 009; or
4.10.4. the membership is terminated in writing by Lexus.
5. Accessing Lexus Encore Owner Benefits
5.1. Details of Lexus Encore can be found at lexus.com.au/owners/benefits or by calling the Lexus Customer Assistance Centre on 1800 023 009.
5.2. Encore Members or Lexus Encore Platinum Members may request a Lexus Encore Owner Benefit or Lexus Encore Platinum Owner Benefit by following the instructions set out at lexus.com.au/owners/benefits for that particular Benefit (which may require the Encore Member to contact the Lexus Customer Assistance Centre on 1800 023 009, contact the Encore Partner directly or take such other steps as may be notified by Lexus from time to time).
6. Lexus Encore Owner Benefits and Lexus Encore Platinum Owner Benefits- General Information
6.1. Lexus Encore Owner Benefits and Lexus Encore Platinum Owner Benefits are subject to:
6.1.1. availability; and
6.1.2. 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 Owner Benefits and Lexus Encore Platinum Owner Benefits (including any ticket or voucher issued in relation to a Lexus Encore Owner Benefit or Lexus Encore Platinum Owner Benefit).
6.2. Lexus Encore Owner Benefits and Lexus Encore Platinum Owner Benefits are not transferable. Encore Members are responsible for ensuring that their Lexus Encore Owner Benefits and Lexus Encore Platinum Owner Benefits are not used by individuals other than the Encore Member or Encore Member's Partner unless those individuals are accompanied by either the Encore Member or the Encore Members' Partner. For this reason, Encore Partners may require sufficient Personal Information to identify the Encore Member or the Encore Members' Partner at the time Lexus Encore Owner Benefits or Lexus Encore Platinum Owner Benefits are arranged or provided.
6.3. Lexus Encore Owner Benefits and Lexus Encore Platinum Owner Benefits will not be exchanged for cash or credit, refunded or replaced by Lexus or any Encore Partner.
6.4. Lexus Encore Owner Benefits and Lexus Encore Platinum Owner Benefits are only for non-profit use by Encore Members and Encore Members' Partners. Neither Encore Members nor Encore Members' Partners are permitted to sell, trade or otherwise transfer Lexus Encore Owner Benefits or Lexus Encore Platinum Owner Benefits for benefit.
7. Service Loan Cars
7.1. Service loan cars are available to all Encore Members, subject to the conditions below.
7.1.1. A service loan car can be made available according to the Lexus model's recommended servicing timetable.
7.1.2. Lexus Dealers will offer Encore Members EITHER a service loan car that can be picked up from the dealership when they drop off their car for service OR arrange for an Encore Member's vehicle to be picked up from their home/office then dropped back to them once the service has been completed.
7.2. At the discretion of each Lexus Dealer, restrictions may apply to Encore Members who want their vehicle picked up from their home when they live more than 60km from their servicing Lexus Dealer.
7.3. At the discretion of each Lexus Dealer, a service loan vehicle may not be made available to an Encore Member if the Owner did not purchase their vehicle through an authorised Lexus Dealership.
8. Lexus Exclusive Events
8.1. From time to time, Lexus may send invitations to Encore Members for events using the contact details provided on file by the Encore 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 Member to ensure the Lexus Customer Assistance Centre has the correct and up to date contact details. Encore Members who wish to access or correct the Personal Information that Lexus holds about them can contact the Lexus Customer Assistance Centre on 1800 023 009 or via lexus.com.au/owners/update-details.
9. Lexus DriveCare
9.1. Lexus DriveCare is available to all Encore 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.
10. Capped Price Servicing
10.1. Capped Price Servicing is available to Encore Members on standard scheduled logbook servicing (normal operating conditions) for new vehicles, and eligible Lexus Certified Pre-Owned vehicles delivered on or after 1 January 2020, subject to the applicable Capped Price Servicing terms and conditions available at lexus.com.au/smallprint/capped-price-servicing.
10.2. Lexus vehicles purchased by Lexus Corporate Customers who receive complimentary servicing are not eligible for Capped Price Servicing. To confirm eligibility or for further details, Encore Members can contact their Lexus Dealer or visit lexus.com.au/owners/benefits.
11. Lexus on Demand (Lexus Encore Platinum Owner Benefits only)
11.1. Lexus on Demand is available to Encore Platinum Members only. Each member is entitled to a limited number of On Demand uses. The remaining number can be found in the member’s Lexus App. This service is subject to the terms and conditions outlined at https://account.lexus.com.au/encore/on-demand/terms-and-conditions and any further terms and conditions of Encore Partners involved in the provision of this service.
12. Valet Parking (Lexus Encore Platinum Owner Benefits only)
12.1. Valet Parking is available to all Encore Platinum Members only. 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.
12.2 Complimentary valet parking is only available for the nominated Lexus vehicle/s that your Lexus Encore membership is attached to and may not be claimed for any other vehicle.
13. Additional benefits
13.1. Your Lexus Dealer may offer you additional benefits to those detailed above under Lexus Encore. Any such benefits are not part of Lexus Encore and Lexus is not associated with, nor has any liability for these Dealer benefits.
14. Cancellation or suspension
14.1. Lexus may at any time cancel or suspend an individual's membership of Lexus Encore for any reason, including if the Encore Member or the Encore Members' Partner has breached these Terms and Conditions or been involved in any situation which, in the reasonable opinion of Lexus, is likely to bring Lexus Encore, an Encore Partner or Lexus into disrepute, contempt, scandal or ridicule.
14.2. Lexus gives no warranty as to the continuing availability of Lexus Encore and may at any time cancel or suspend Lexus Encore without prior notice to Encore Members. If this occurs, Encore Members will be notified in writing as soon as practicable after the cancellation or suspension.
15. Changes to the Lexus Encore Owner Benefits
15.1. Lexus may change these Terms and Conditions and the Lexus Encore Owner Benefits at any time without notice, including by:
15.1.1. adding or removing Encore Partners;
15.1.2. adding or removing Lexus Encore Owner Benefits or Lexus Encore Platinum Owner Benefits;
15.1.3. varying the terms and conditions for particular Lexus Encore Owner Benefits or Lexus Encore Platinum Owner Benefits; or
15.1.4. introducing terms designed to ensure the equitable distribution of Lexus Encore Owner Benefits to Encore Members.
15.2. Where Lexus has not provided prior notice of any changes to these Terms and Conditions, it will use reasonable endeavours to notify Encore Members in writing as soon as practicable after the change, but it will not be liable in any way for failure to do so.
15.3. Lexus reserves the right to introduce a fee for Lexus Encore, in which case it will give Members at least 30 days written notice that this is to occur.
16.2.1. to operate Lexus Encore;
16.2.2. provide Encore Members and Encore Members' Partners with Lexus Encore Owner Benefits or Lexus Encore Platinum Owner Benefits;
16.2.3. to seek feedback in relation to Lexus products, services and Lexus Encore;(including via post, phone, email and SMS). Lexus may contact Members for an indefinite period unless and until the Encore Member notifies the Lexus Customer Assistance Centre on 1800 023 009 that they do not wish to be contacted for this purpose;
16.2.4. assist in the provision of repair and warranty related servicing and support of Owners’ vehicles (including the supply of Lexus parts and accessories) across the Lexus Australia Dealer network;
16.2.5. updating Encore Members on Lexus product information and offers;
16.2.6. updating and maintaining Members' Personal Information;
16.2.7. to third parties to enable those third parties to supply services in connection with Lexus Encore.
16.3. Lexus also collects Personal Information about Owners from Lexus Dealers and from Encore Partners to enable it to offer Lexus Encore membership to those Owners. This information will also be treated in accordance with this clause 16.
16.4. Lexus may also disclose Personal Information about Encore Members and Encore Members' Partners 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 Members and Encore Members' Partners with Lexus Dealers and with its related bodies corporate including Toyota Motor Corporation (Toyota's Japanese parent company) for the purposes described in paragraph 16.2 above, and to allow Lexus Dealers to contact Encore Members in relation to the sports or leisure interests they have ticked on the Registration Form (if any). Personal Information about Members and Members' Partners may be transferred into and out of Australia for these purposes, including to Japan.
16.5. 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 Lexus Encore. If a Member or Members' Partner does not provide the Personal Information requested when they are seeking to access a Lexus Encore Owner Benefit or Lexus Encore Platinum Owner Benefit, Lexus or the relevant Encore Partner may not be able to provide that Lexus Encore Owner Benefit or Lexus Encore Platinum Owner Benefit to them.
16.8. You can contact Lexus by:
Emailing us at: email@example.com
Writing to us at:
Lexus Customer Assistance Centre
PO Box 1676
North Sydney NSW 2059
Telephoning us on: 1800 023 009
17.1. All warranties and conditions, including any implied by law, 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, 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.
17.2. Lexus, the Encore Partners, Toyota Motor Corporation and their officers, employees, contractors and agents will not be liable to any of the Member or the Members' Partner for any direct, indirect, incidental or consequential loss of any nature caused by, or any claim arising directly or indirectly or in any way attributable to, the performance, the failure to perform or the delay in performance of the obligations of Lexus under these Terms and Conditions or any act or omission of an Encore Partner, whether or not caused by negligence, including any loss arising as a result of the provision of, or failure to provide a Lexus Encore Owner Benefit or Lexus Encore Platinum Owner Benefit or the loss, theft or destruction of a Lexus Encore Owner Benefit or Lexus Encore Platinum Owner Benefit except for any liability which cannot be excluded by law (in which case liability is limited to the minimum amount allowable by law).
18.1. Lexus may engage third parties to supply services for it in connection with Lexus Encore.
18.2. Failure by Lexus to enforce a particular term or condition does not constitute a waiver of that term or condition by Lexus.
18.3. 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 or Lexus Encore Owner Benefits or Lexus Encore Platinum Owner Benefits, these Terms and Conditions will prevail to the extent of any inconsistency.
18.4. Lexus has the sole discretion to interpret and apply these Terms and Conditions, and all questions and disputes regarding the Lexus Encore or entitlement to Lexus Encore Owner Benefits or Lexus Encore Platinum Owner Benefits will be resolved by Lexus in its sole discretion.
18.5. These Terms and Conditions will be governed by and must be construed in accordance with the laws of Victoria, Australia. The Member or Member's Partner (as applicable) 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.
19.1. In these Terms and Conditions, headings are for ease of reference only and do not affect interpretation.
19.1.1. Unless the context requires otherwise:
19.1.2. the singular includes the plural, and the plural includes the singular;
19.1.3. if a word or phrase is defined, another grammatical form of that word or phrase has a corresponding meaning; and
19.1.4. the word "includes" in any form is not a word of limitation.
"De Facto Relationship" means a relationship between two adult persons who live together as a couple and who are not married to one another or related by family. “Encore Eligibility Period” means:
(a) On or after 3 August 2020: the three (3) year period in which a Lexus vehicle is eligible for Lexus Encore, commencing on the date Encore is activated by the dealership
(b) Between 1 January 2020 and 2 August 2020 (inclusive): the three (3) year period in which a Lexus vehicle is eligible for Lexus Encore, commencing on the date a new vehicle is first registered, or a Lexus Certified Pre-Owned vehicle is sold by a Lexus Dealer; and On or after 1 January 2020 (Lexus Certified Pre-Owned vehicles only): a 12 month complimentary period from date of purchase (in addition to any other Encore Eligibility Period available on the vehicle); and
(c) Prior to 1 January 2020: the period of a new vehicle’s Warranty.
"Encore Member" means an individual who has successfully completed the Registration Form and whose membership has not expired or been terminated under clause 4.10. From 1 January 2020, members of the superseded Encore Privileges Programme are Encore Members.
"Encore Members' Partner" has the meaning given in clause 4.6.
"Encore Partner" means any organisation or individual that provides Lexus Encore Owner Benefits to Encore Members from time to time. Current Lexus Encore Partners are described on lexus.com.au/owners/benefits.
“Encore Platinum Member” means an individual who has purchased an eligible vehicle and successfully completed the Registration Form, and whose membership has not expired or been terminated under clause 4.10.
"Lexus" means Toyota Motor Corporation Australia Ltd (ABN 64 009 686 097), trading as Lexus Australia, with its registered office at 155 Bertie Street, Port Melbourne, Victoria 3207.
"Lexus Dealer" means a person who has been appointed by Lexus as an authorised dealer of Lexus vehicles and related products.
"Lexus Encore" means the program under which Encore Members are offered Lexus Encore Owner Benefits or Lexus Encore Platinum Owner Benefits.
“Lexus Encore Owner Benefits" means the benefits and privileges made available to Encore Members, as described on the Lexus Owners' Website or in other promotional material for the Lexus Encore Owner Benefits, as varied by Lexus from time to time.
“Lexus Encore Platinum Owner Benefits” means the benefits and privileges made available to Encore Platinum Members, as described on the Lexus Owners' Website or in other promotional material for the Lexus Encore Platinum Owner Benefits, as varied by Lexus from time to time.
"Owner" means the registered owner of a Lexus vehicle.
"Personal Information" has the same meaning as in the Privacy Act 1988 (Cth).
"Registration Form" means the Lexus Encore Owner Benefits Registration Form, which is provided to Owners at the time of purchase of a new vehicle.
"Terms and Conditions" means these terms and conditions, as amended from time to time.
"Warranty" means the standard new vehicle warranty which expires four years from the date of first delivery or 100,000 km, whichever occurs first, or such other standard factory warranty offered by Lexus from time to time on new Lexus vehicles. For demonstrator and pre-owned vehicles, the warranty is the remainder of new vehicle warranty which expires at 4 years from date of first registration or 100,000 km, whichever occurs first.
Lexus DriveCare Terms & Conditions
On Demand Terms & Conditions
By clicking accept and completing the booking I acknowledge:
- I agree to the On Demand Hire Terms and related fees.
- This Lexus on Demand Hire Agreement must be read in conjunction with the Lexus Encore Terms & Conditions.
- I am responsible for completing the Vehicle Inspection Form ON COLLECTING AND RETURNING the vehicle.
- Only the nominated driver I have specified in my booking can collect the vehicle.
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.
1 About Lexus Vehicle On Demand
(a) Lexus Vehicle On Demand (LVOD) is a rental vehicle service made available exclusively to Lexus Encore Platinum members (Members). Encore Platinum membership gives you access to the LVOD service, specifically the rental of a Lexus Vehicle for a short term period of up to 8 days and 7 nights (Maximum Term) in accordance with the terms of this Agreement.
(b) 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 rental of Vehicles, your Bookings, use of the Website and Lexus App.
(c) This Agreement will operate for a term of 3 years (Initial Term). After the expiry of the Initial Term, this Agreement will continue to roll over on the same 3 year term (Subsequent Terms) until terminated in accordance with this Agreement.
2 Who can use LVOD and rent Lexus Vehicles
2.1 Qualifying to use LVOD
In order to use the LVOD service and rent vehicles, you must be an Encore Platinum Member and at the commencement of the Initial Term and thereafter throughout the Initial Term and during the period of any Subsequent Term:
(a) be at least 18 years old;
(b) have a valid full or provisional Australian or international driver’s licence with licence type of ‘car’;
(c) have at least 2 years’ driving experience;
(d) have a valid credit card in your name or a credit card approved for use by Lexus;
(e) have not had an application for, or contract of, motor insurance refused, declined or cancelled in the last 3 years;
(f) have not had your driver’s licence or permit suspended, cancelled, restricted or endorsed with special conditions in the last 3 years;
(g) have not been convicted of, or had any fines imposed, for criminal activity in the last 3 years;
(h) have not had more than 2 motor vehicle claims where you have had to pay an excess in the last 3 years;
(i) provide consent to enable us to verify your identity using the Document Verification Service (DVS) or other third party systems;
(j) 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
(k) accept the terms of this Agreement.
2.2 Ongoing disclosure
If for any reason you fail to continue to satisfy any obligations set out at sub-clause 2.1 above at any time during the Initial Term or any Subsequent Term, you must notify us immediately and:
(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 Initial Term or any Subsequent Term, you must notify us immediately.
(b) You consent to Lexus checking your personal information with the document issuer or official record holder via third party systems for the purpose of confirming your identity in relation to renting a Vehicle and/or your use of LVOD.
(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 LVOD service available to you, or to restrict your use of the service at our sole discretion and without notice. Lexus is not required to give you reasons for doing so.
(f) Lexus may request further information and documentation from you at any time during the Term.
3 Notice & Your obligations
3.1 Your obligations:
In order to use the LVOD service and hire a Lexus Vehicle, and at all times while driving the Vehicle, you must:
(a) accept the terms of this Agreement;
(b) always hold a valid driver’s licence;
(c) comply with all laws, including all traffic regulations and licensing requirements;
(d) drive the Vehicle in a safe and careful manner;
(e) 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;
(f) take all reasonable steps to prevent the Vehicle from being used by any other third party or the LVOD service from being used accessed in an unauthorised manner;
(g) not allow anyone else to drive the Vehicle; and
(h) give us notice if any of your details have changed, including your contact details, nominated credit card, licence conditions or any matters set out in clause 2.1.
A notice or approval required by this agreement must be made by contacting the Lexus Customer Assistance Centre (LCAC) on 1800 023 009 or firstname.lastname@example.org.
4 Fees and Benefits
4.1 Rental Benefit
(a) As an Encore Platinum Member, subject to the terms of this Agreement and during the term of your membership you are entitled to the following member benefits in respect of the use of the LVOD service:
(i) Vehicle rental on and up to four (4) separate occasions; and
(ii) Vehicle rental for the Maximum Term per occasion.
(b) For clarity, we will not charge you for rental of the Vehicle. However, you will be responsible for the payment of Other Fees.
4.2 Other fees
(a) You agree to pay any 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.
(b) 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.
(c) If you misuse, abuse or neglect the Vehicle, you will be required to pay for any repairs, maintenance or service fees incurred by Lexus (including any inspection or repair).
(d) 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 notify Lexus and your Booking can be extended. You may not be able to extend your Booking if the Vehicle has been booked by another Member of the LVOD service;
(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 fees payable as a result 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.
(e) You agree that you may be liable to pay other fees as set out in the Fee Schedule and under this Agreement. These fees include but are not limited to:
(i) Insurance excess in the event you are in an accident; and
(ii) a Fees may be amended by Lexus from time to time.
(f) You agree to pay all 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.
(a) By entering into this Agreement, you have authorised Lexus to arrange for fees and charges to be debited from your nominated credit card.
(b) Other fees and charges as set out in the Fee Schedule and under this Agreement will be charged to your nominated credit card as they arise.
(c) It is your responsibility to ensure that there are sufficient clear funds available in your nominated account to allow the fees to be paid.
(d) If your payment dishonours or cannot be processed, Lexus may cancel your Encore Platinum Membership, terminate this agreement, recover the Vehicle from you immediately and without notice until it is paid in full and you may be charged overdue interest on the amount owing.
(e) You may change your payment details through the Lexus App. You authorise Lexus to take a $1 pre-authorisation to check the validity of your credit card when you update your details.
5.1 Making a Booking
(a) You must not use or access a Vehicle without completing a valid Booking to use that Vehicle. All Bookings are made through the Lexus on Demand mobile or web application.
(b) You agree to comply with all conditions of your Booking, including but not limited to the particular Vehicle you will use and the time, date and duration of your Booking.
(c) At the commencement of your Booking, 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 amend or cancel your Booking by contacting the Lexus Customer Assistance Centre (LCAC) on 18000 023 009 or email@example.com
(b) Lexus may amend or cancel your Booking, including the duration of your Booking or substitute a Vehicle at our absolute discretion but we will use reasonable efforts to notify you 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;
(e) you have removed all your personal items from the Vehicle.
You must ensure that you use the correct fuel, as described in the driver’s guide and on the back of the Vehicle fuel cap. If you do not refuel the Vehicle before returning your Vehicle to us at the end of your Booking then you shall be charged fees for refuelling set out in the Fee Schedule.
7 Driving and Damage
7.1 Driving the Vehicle
When you are 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 purpose;
(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 or additions or interfere 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 malicious damage, fraudulent conduct or loss of property and also any injury to any person caused by a Vehicle in your possession to the police. In these circumstances you must then provide Lexus with the police reference number.
(iii) follow directions given by Lexus;
(iv) 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) obtain the contact details of the person who caused 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 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.
(c) You agree that you may be charged for the replacement cost of a Vehicle per clause (c)(iii) if the Vehicle is lost or stolen due to you breaching clause 8.2(f) 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.
(d) You agree that you will complete any forms and provide any information that Lexus requires in the event of an accident or any damage or theft of the Vehicle.
(e) You agree to fully co-operate with Lexus and any third party, as 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 comply with any of your obligations under this 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 will be liable for any 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.
(h) If you refuel the Vehicle with the incorrect fuel type, you will be liable for any fees and charges associated with the repair, servicing, storage, towing and retrieval of the Vehicle.
7.3 Daily Limits
A maximum daily kilometre limit applies to your use of the Vehicle (Daily Allowance). The Daily Allowance is published in the Fees and Charges and FAQs of the Lexus App and website https://account.lexus.com.au/encore/on-demand. If you exceed the Daily Allowance you will be charged a fee for each kilometre you travel in excess of the Daily Allowance.
8.1 Our insurance
(a) Lexus has insurance which covers LVOD Vehicles in your possession. This protects you from accidental loss or damage to the Vehicle and it also covers your legal liability to pay compensation for loss or damage to someone else’s property caused by an accident involving the Vehicle subject to the terms of this Agreement. Nothing in this clause prevents Lexus or our insurers from seeking money from you as a result of your breach of this Agreement.
(b) The amount of the Insurance Excess will be published on the Website and may be amended by Lexus from time to time in its sole discretion.
(c) 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.
(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 the credit card stored on file, 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 claims management fee.
(d) You agree that you must obtain the contact details of the person who caused the accident including their name, current residential address, vehicle registration and their insurance details. You agree that you must provide Lexus with honest, correct and complete information of an accident in a timely manner and assist Lexus in every way in connection with any claim or legal action relating to the incident including immediately referring any communication from other parties to us so that we can respond on your behalf.
(e) If you are involved in an accident or event relating to a claim, you must not:
(i) arrange or authorise any repairs to the insured Vehicle;
(ii) admit liability or guilt;
(iii) make a promise or offer to settle or partly settle the matter or defend the matter; or
(iv) assign your rights in any insurance claim to a third party.
(f) 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 thiscontributed 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 any person who was not the Lexus Encore Platinum Member who made the Booking;
(viii) being driven by a driver, who was not licensed to drive the Vehicle;
(ix) being driven by a driver under the influence of alcohol or with illicit drugs present or driven by a driver who had a blood alcohol level in excess of the limit permitted by law in the state or territory where the loss or damage occurred or being driven by a driver who refused to take a test to determine the level of alcohol or presence of drugs;
(x) 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;
(xi) damaged as a result of your failure to take all reasonable steps to safeguard the insured vehicle from loss at all times;
(xii) damaged as a result of intentional loss or damage caused by you or anyone acting with your express or implied consent; or
(xiii) damaged as a result of you or any other person continuing to drive the insured vehicle in a damaged state.
(g) You agree that, if you are in breach of clause 2.1(b) (ii), (v) - (viii), 7.1, 7.2, 8.2(d), 8.2(e) or 8.2(f), 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.
(h) 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.
(i) You agree that both ourselves 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.
(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
(a) Lexus may suspend or cancel your Encore Platinum Membership, or recover a Vehicle rented to you at any time if:
(i) you have received 3 infringement notices;
(ii) you had 2 at fault insurance claims;
(iii) your payment is late by 48 hours or more;
(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 that the LVOD program will not be continuing.
(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.
(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 this Agreement is terminated, your Membership will also be simultaneously terminated.
(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), both parties must mutually use best efforts to resolve the dispute.
(c) If the dispute is not resolved following the expiration of the 15 business day period, both parties 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.
(a) We may vary this Agreement from time to time by giving you not less than 1 months’ notice.
(b) Where Lexus varies this Agreement in accordance with clause 13(a) in a manner which is adverse to your use of a Vehicle for which you have a Booking , you will be entitled to terminate this Agreement by providing written notice to Lexus no later than 14 days before the change is due to take effect
(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) You must not assign or otherwise deal with your rights under this Agreement or allow any interest in them to arise or be varied without our consent. You agree that we may assign our rights under this Agreement in our discretion by notifying you in writing.
(e) This Agreement is governed by the laws of Victoria. Each party submits to the non- exclusive jurisdiction of the courts of that place.
14 Interpretation and definitions
Headings are for convenience only and do not affect interpretation. Unless the contrary intention appears, in this document:
(c) the singular includes the plural and vice versa;
(d) 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
(e) a reference to a time of day is a reference to Victorian time.
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.
Dispute Notice has the meaning given in clause 12.
DVS means the national online system that allows organisations to compare a person's identifying information with a government record. For further information please visit - https://www.dvs.gov.au.
Encore Platinum Member means a member of the Lexus Encore benefits program, Platinum tier, operated by Lexus Australia.
Fee Schedule means the fee schedule available here https://account.lexus.com.au/encore/on-demand/fees-and-charges.
Initial Term has the meaning given in clause 1.
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.
LODR means the Lexus on Demand Rental service further to which You can make a Booking and hire a Vehicle, subject to availability and 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 Representative means any director, officer, employee, agent, contractor, subcontractor, adviser or Related Entity of Lexus.
Related Entity has the same meaning as under the Corporations Act 2001 (Cth).
Subsequent Term has the meaning given in clause 1.
Vehicle means Lexus Vehicles available for Booking through LODR.
Website means https://account.lexus.com.au/encore/on-demand
You or Your means you.