ENCORE - TERMS AND CONDITIONS
General Encore Privileges 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 Encore Privileges Programme superseded by Lexus Encore.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 From 1 January 2020 Encore Privileges Programme has been replaced by Lexus Encore, and all Encore Privileges Programme members are now Encore Members.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. Owner Benefits are available to all Encore Members; however, the Encore Eligibility Period varies for vehicles purchased prior to 1 January 2020.
4.1. Enrolment in Lexus Encore is free on delivery of new vehicles and Lexus Certified Pre-Owned vehicles purchased on or after 1 January 2020.
4.2. Subject to clause 4.4, 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.
4.3. The remainder of any unused portion of a vehicle’s Encore Eligibility Period transfers with the vehicle if the vehicles 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.
4.4. 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.
4.5. Any one of the following individuals is eligible for Lexus Encore membership in respect of a Lexus vehicle within the Encore Eligibility Period:
4.5.1. where the Owner is an individual, either:
4.5.2. the Owner; or
4.5.3. the regular driver or custodian of the vehicle; or
4.5.4. where the Owner is an organisation, the regular driver or custodian of the vehicle.
4.6. The individual who is enrolled for Lexus Encore under clause 4.5 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 Encore Owner Benefits available to the Encore Member.
4.7. 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.
4.8. 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.
4.9. Membership to Lexus Encore will continue for the duration of the Encore Eligibility Period, until the earlier of the following occurs:
4.9.1. 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);
4.9.2. 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).
4.9.3. the Encore Member cancels their membership by calling the Lexus Customer Assistance Centre on 1800 023 009; or
4.9.4. the membership is terminated in writing by Lexus.
5. Accessing 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 may request an Encore 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. Encore Owner Benefits - General Information
6.1. 4.1 Encore 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 Encore Owner Benefits (including any ticket or voucher issued in relation to an Encore Owner Benefit).
6.2. Encore Owner Benefits are not transferable. Encore Members are responsible for ensuring that their Encore 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 Encore Owner Benefits are arranged or provided.
6.3. Encore Owner Benefits will not be exchanged for cash or credit, refunded or replaced by Lexus or any Encore Partner.
6.4. Encore 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 Encore Owner Benefits for benefit.
7. Service Loan Cars
7.1. Service loan cars are available to 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. Additional benefits
11.1. 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.
12. Cancellation or suspension
12.1. 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.
12.2. 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.
13. Changes to the Lexus Encore Owner Benefits
13.1. Lexus may change these Terms and Conditions and the Lexus Encore Owner Benefits at any time without notice, including by:
13.1.1. adding or removing Encore Partners;
13.1.2. adding or removing Lexus Encore Owner Benefits;
13.1.3. varying the terms and conditions for particular Lexus Encore Owner Benefits; or
13.1.4. introducing terms designed to ensure the equitable distribution of Lexus Encore Owner Benefits to Encore Members.
13.2. 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.
13.3. 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.
14.2.1. to operate Lexus Encore;
14.2.2. provide Encore Members and Encore Members' Partners with Encore Owner Benefits;
14.2.3. 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;
14.2.4. 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;
14.2.5. updating Encore Members on Lexus product information and offers;
14.2.6. updating and maintaining Members' Personal Information;
14.2.7. to third parties to enable those third parties to supply services in connection with Lexus Encore.
14.3. 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 clause 14.1.
14.4. 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 14.2 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.
14.5. 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, Lexus or the relevant Encore Partner may not be able to provide that Lexus Encore Owner Benefit to them.
14.8. 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
15.1. 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.
15.2. 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 the loss, theft or destruction of a Lexus Encore 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).
16.1. Lexus may engage third parties to supply services for it in connection with Lexus Encore.
16.2. Failure by Lexus to enforce a particular term or condition does not constitute a waiver of that term or condition by Lexus.
16.3. 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 Encore Owner Benefits, these Terms and Conditions will prevail to the extent of any inconsistency.
16.4. 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 will be resolved by Lexus in its sole discretion.
16.5. 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.
17.1. In these Terms and Conditions, headings are for ease of reference only and do not affect interpretation.
17.1.1. Unless the context requires otherwise:
17.1.2. the singular includes the plural, and the plural includes the singular;
17.1.3. if a word or phrase is defined, another grammatical form of that word or phrase has a corresponding meaning; and
17.1.4. the word "includes" in any form is not a word of limitation.
“Capped Price Servicing” means the capped price service program made available by Lexus, subject to the terms and conditions available at lexus.com.au/smallprint/capped-price-servicing.
"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 1 January 2020: 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
(b) 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 4.5. 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.
"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.
"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.
"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.