TERMS OF USE

The Lexus Website is a service provided by Lexus Australia for the following purposes:

Informing its Customers,
Enabling Customers to provide information to Lexus, and
Providing information and commercial services to Business Partners.
Lexus Financial Services and Lexus Premium Care insurance and warranty information contained on this website is provided by Lexus Financial Services, a division of Toyota Finance Australia Limited.

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

INTELLECTUAL PROPERTY PROTECTION

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

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

DISCLAIMER

Except as provided by law, the Lexus Website is provided "as is" and without any warranty or condition, express or implied. Lexus does not warrant that the information contained in or accessible through the Lexus Website is accurate, suitable for your purposes or without errors, omissions or viruses nor does Lexus guarantee continuous, uninterrupted or secure access to the Lexus Website. You acknowledge that access and use of the Lexus Website (including the software operating in connection with the Lexus Website) may be interfered with by numerous factors outside of Lexus's control. Lexus does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Lexus Website.

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

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

USE OF INFORMATION

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

Is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, degrading; or
Infringes the intellectual or other proprietary interests of third parties; or
Impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Lexus considers to be inappropriate; or
Contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Lexus Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Lexus Website or otherwise breaches or encourages other users to breach these terms of use; or
Violates any law, statute or regulation; or
Forges information to disguise the origin of any Content; and
Encourages or incites any other Customer to engage in any of the above behaviour.
You agree to grant Lexus a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in our favour.

LIMITATION OF LIABILITY

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

To the extent that Lexus is able to limit the remedies available under these conditions of use, Lexus expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Lexus's sole discretion):

In the case of goods, any one 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:
Supply of the services again; or
The payment of the cost of having the services supplied again.
You indemnify Lexus against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:

Your breach or non-observance of any term of these conditions of use; or
Any breach or inaccuracy in any of your representations or warranties.

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

BREACH AND TERMINATION

If you breach any provision of these terms of use Lexus may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Lexus Website. In any event, Lexus may terminate these terms of use (and your right to use the Lexus Website) at any time and for any reason without prior notice to you.

CHOICE OF LAW AND USE OF LEXUS WEBSITE

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

The Lexus Website is available only to people in Australia who can form legally binding contracts under applicable law.

NO AGENCY

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

LEXUS PREMIUM CARE

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

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

DEFINED TERMS

Business Partner: means any licensed motor dealer to whom Lexus grants access to the Business Partner section of the Lexus Website and includes officers agents and employees of the licensed motor dealer.

Customer: means existing or potential customers of Lexus or persons accessing or otherwise using the Lexus Website for domestic or commercial purposes, other than Business Partners.

Lexus: means Lexus Australia and Lexus Financial Services.

Lexus Australia: is a division of Toyota Motor Corporation Australia Limited ACN 009 686 097

Lexus Financial Services: means Lexus Financial Services, a division of Toyota Finance Australia Limited ABN 48 002 435 181

Lexus Website: means the website accessible through the following address www.Lexus.com.au operated jointly by Lexus and Lexus Financial Services.

you: means Business Partners or Customers of Lexus as the case may be.


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