ENCORE - TERMS AND CONDITIONS
General Encore Privileges Terms & Conditions
The meaning of capitalised terms used in these Terms and Conditions can be found in clause 10.1.
2.1 Membership of the Encore Privileges Programme is free.
2.2 Subject to clause 2.3, one Encore Privileges Programme membership is available in respect of every Lexus vehicle that is under Factory Warranty, whether that vehicle has been purchased or leased from a Lexus Dealer or from a third party.
2.3 Encore Privileges Programme membership is not available in respect of Lexus vehicles that are purchased for use as, or otherwise used as, vehicles for commercial hire.
2.4 Any one of the following individuals is eligible to apply for Encore Privileges Programme membership in respect of a Lexus vehicle under Warranty:
(a) where the Owner is an individual, either:
(i) the Owner; or
(ii) the regular driver or custodian of the vehicle; or
(b) where the Owner is an organisation, the regular driver or custodian of the vehicle.
2.5 The individual who applies for Encore Privileges Programme membership under clause 2.4 may also nominate their spouse (including any person with whom they are in a De Facto Relationship) (the "Members' Partner"). The Members' Partner will be eligible to access the Encore Privileges available to the applicant if the applicant is accepted as a Member.
2.6 Applications for membership 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, by calling the Lexus Customer Assistance Centre on 1800 023 009, requesting and completing an Encore Privileges Programme registration form.
2.7 Applicants must accept these Terms and Conditions before their membership of the Encore Privileges Programme will be approved by Lexus. Acceptance takes place when the Registration Form is completed and signed. If a Members' Partner is nominated by the applicant, the Members' Partner must also accept these Terms and Conditions by signing the Registration Form in the designated place.
2.8 Membership of the Encore Privileges Programme will continue until the earlier of the following occurs:
(a) there is a change in ownership of the Lexus vehicle to which the Encore Privileges Programme membership relates (in which case the Member is required to notify Lexus of the change in ownership by contacting the Lexus Customer Assistance Centre on 1800 023 009);
(b) the Warranty on the Lexus vehicle to which the membership relates expires or is cancelled or voided in accordance with the terms of the new vehicle warranty (including, without limitation, the vehicle being written off).
(c) the Member cancels their membership by calling the Lexus Customer Assistance Centre on 1800 023 009; or
(d) the membership is terminated in writing by Lexus.
2.9 Individuals may only have one Encore Privileges Programme membership for each Lexus vehicle they own. Membership is not transferable.
3. Accessing Encore Privileges
3.1 Details of the current Encore Privileges Programme can be found at www.lexus.com.au/services/benefits or by calling the Lexus Customer Assistance Centre on 1800 023 009.
3.2 Members may request an Encore Privilege by following the instructions set out at www.lexus.com.au/services/benefits for that particular privilege (which may require the 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).
4. Encore Privileges - General Information
4.1 Encore Privileges are subject to:
(a) availability; and
(b) any terms and conditions set out from time to time at www.lexus.com.au/services/benefits/terms and in any other current material describing the Encore Privileges (including any ticket or voucher issued in relation to an Encore Privilege).
4.2 Encore Privileges are not transferable. Members are responsible for ensuring that their Encore Privileges are not used by individuals other than the Member or Member's Partner unless those individuals are accompanied by either the Member or the Members' Partner. For this reason, Encore Partners may require sufficient Personal Information to identify the Member or the Members' Partner at the time Encore Privileges are arranged or provided.
4.3 Encore Privileges will not be exchanged for cash or credit, refunded or replaced by Lexus or any Encore Partner.
4.4 Encore Privileges are only for non-profit use by Members and Members' Partners. Neither Members nor Members' Partners are permitted to sell, trade or otherwise transfer Encore Privileges for benefit.
4.5 Service Loan Cars
4.5.1 Service loan cars are available to Members, subject to the conditions below.
4.5.2 A service loan car can be made available according to the Lexus model's recommended servicing timetable.
4.5.3 Lexus Dealers will offer 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 a Member's vehicle to be picked up from their home/office then dropped back to them once the service has been completed.
4.5.4 After the service, every vehicle will be washed on the outside and vacuumed on the inside before being returned to the Member (unless prevented to do so by laws or regulations relating to water shortages).
4.5.5 At the discretion of each Lexus Dealer, restrictions may apply to Members who want their vehicle picked up from their home when they live more than 60km from their servicing Lexus Dealer.
4.5.6 At the discretion of each Lexus Dealer, a service loan vehicle may not be made available to a Member if the Owner did not purchase their vehicle through an authorised Lexus Dealership.
4.6 Lexus Exclusive Events
4.6.1 Lexus from time to time may send invitations to events to Members via electronic mail. 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 Member to ensure the Lexus Customer Assistance Centre has the correct and up to date email address. 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 www.lexus.com.au/services/benefits/ and log into 'Update Your Details'.
4.7 Lexus DriveCare
4.7.1 Lexus DriveCare is available to all Members. This service is subject to the terms and conditions outlined at www.lexus.com.au/services/benefits/terms, and any further terms and conditions of Encore Partners involved in the provision of this service.
4.8 Additional benefits
4.8.1 Your Lexus Dealer may offer you additional benefits to those detailed above under the Encore Privileges Programme. Any such benefits are not part of the Encore Privileges Programme and Lexus is not associated with, nor has any liability for these dealer benefits.
5. Cancellation or suspension
5.1 Lexus may at any time cancel or suspend an individual's membership of the Encore Privileges Programme for any reason, including if the Member or the 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 any of the Encore Privileges Programme, an Encore Partner or Lexus into disrepute, contempt, scandal or ridicule.
5.2 Lexus gives no warranty as to the continuing availability of the Encore Privileges Programme and may at any time cancel or suspend the Encore Privileges Programme without prior notice to Members. If this occurs, Members will be notified in writing as soon as practicable after the cancellation or suspension.
6. Changes to the Encore Privileges Programme
6.1 Lexus may change these Terms and Conditions and the Encore Privileges at any time without notice, including by:
(a) adding or removing Encore Partners;
(b) adding or removing Encore Privileges;
(c) varying the terms and conditions for particular Encore Privileges; or
(d) introducing terms designed to ensure the equitable distribution of Encore Privileges to Members.
6.2 A copy of the current Terms and Conditions is available by calling the Lexus Customer Assistance Centre on 1800 023 009.
6.3 Where Lexus has not provided prior notice of any changes to these Terms and Conditions, it will use reasonable endeavours to notify Members in writing as soon as practicable after the change, but it will not be liable in any way for failure to do so.
6.4 Lexus reserves the right to introduce a fee for the Encore Privileges Programme, in which case it will give Members at least 30 days written notice that this is to occur.
7.2The Personal Information that Members and Members' Partners provide to Lexus and the Encore Partners in connection with the Encore Privileges Programme (including Personal Information provided on the Registration Form) will be used by Lexus and the Encore Partners to operate the Encore Privileges Programme. It will also be used (without limitation) for the purposes below, and may be shared by Lexus and the Encore Partners for these purposes:
(i) providing Members and Members' Partners with Encore Privileges;
(ii) Lexus seeking feedback in relation to Lexus products and services and the Encore Privileges Programme;(including via post, phone, email and SMS). Lexus may contact Members for an indefinite period unless and until Member notifies the Lexus Customer Assistance Centre on 1800 023 009 that Member does not wish to be contacted for this purpose.
(iii) assisting in the provision of repair and warranty related servicing and support of your vehicle (including the supply of Lexus parts and accessories) across the Lexus Australia dealer network;
(iv) updating Members on Lexus product information and offers (if indicated by Member on Registration Form);
(v) and updating and maintaining Members' Personal Information;
(vi) to Encore Partners to operate the Encore Privileges Programme; and
(vii) to third parties to enable those third parties to supply services in connection with the Encore Privileges Programme.
7.3Lexus also collects Personal Information about Owners from Lexus Dealers and from Encore Partners to enable it to offer Encore Privileges Programme membership to those Owners. This information will also be treated in accordance with clause 7.1.
7.4 Lexus may also disclose Personal Information about Members and 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 Members and 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 7.2 above, and to allow Lexus Dealers to contact you in relation to the sports or leisure interests you 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.
7.5 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 the Encore Privileges Programme. If a Member or Members' Partner does not provide the Personal Information requested when they are seeking to access an Encore Privilege, Lexus or the relevant Encore Partner may not be able to provide that Encore Privilege to them.
7.6 Lexus would also like to:
(i) keep Members informed about its products and services;
(ii) keep Members informed about events.
If you do not want to be contacted for either or both of these purposes, please let us know by ticking the relevant box on the Registration Form or by calling the Lexus Customer Assistance Centre on 1800 023 009. Lexus may contact Members for this purpose for an indefinite period (including via post, phone, email and SMS) unless and until Member notifies Lexus otherwise. Please note however that the Member's Lexus Dealer may be a separate organisation to Lexus, and may also send Members information about Lexus products and services. If you do not wish to receive this information from your Lexus Dealer, we recommend that you advise them of this directly.
7.9 You can contact Lexus by:
Emailing us at: firstname.lastname@example.org
Writing to us at:
Lexus Customer Assistance Centre
PO Box 1676
North Sydney NSW 2059
Telephoning us on: 1800 023 009
8.1 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.
8.2 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 an Encore Privilege or the loss, theft or destruction of an Encore Privilege except for any liability which cannot be excluded by law (in which case liability is limited to the minimum amount allowable by law).
8.3 Lexus Dealers may offer Members specific benefits that are not Encore Privileges. Any such benefits are not part of the Encore Privileges Programme, and Lexus is not associated with, nor has any liability for, these Lexus Dealer benefits.
9.1 Lexus may engage third parties to supply services for it in connection with the Encore Privileges Programme.
9.2 Failure by Lexus to enforce a particular term or condition does not constitute a waiver of that term or condition by Lexus.
9.3 In the event of any inconsistency between these Terms and Conditions and the terms and conditions contained in any other material relating to the Encore Privileges Programme or Encore Privileges, these Terms and Conditions will prevail to the extent of any inconsistency.
9.4 Lexus has the sole discretion to interpret and apply these Terms and Conditions, and all questions and disputes regarding the Encore Privileges Programme or entitlement to Encore Privileges will be resolved by Lexus in its sole discretion.
9.5 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.
10. Definitions and Interpretation
"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 Partner" means any organisation or individual that provides Encore Privileges to Members from time to time. Current Encore Partners are described on the Lexus Owners' Website.
"Encore Privileges" means the benefits and privileges made available to Members, as described on the Lexus Owners' Website or in other promotional material for the Encore Privileges Programme, as varied by Lexus from time to time.
"Encore Privileges Programme" means the program under which Members are offered Encore Privileges.
"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.
"Member" means an individual who has successfully completed the Registration Form and whose membership has not expired or been terminated under clause 2.9.
"Members' Partner" has the meaning given in clause 2.5.
"Owner" means the registered owner of a Lexus vehicle.
"Personal Information" means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in writing or spoken, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
"Registration Form" means the Lexus Encore Privileges Registration Form, which is provided to Owners at the time of vehicle purchase.
"Terms and Conditions" means these terms and conditions, as amended from time to time.
"Warranty" means the standard factory 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.
(a) In these Terms and Conditions, headings are for ease of reference only and do not affect interpretation.
(b) Unless the context requires otherwise:
(i) the singular includes the plural, and the plural includes the singular;
(ii) if a word or phrase is defined, another grammatical form of that word or phrase has a corresponding meaning; and
(iii) the word "includes" in any form is not a word of limitation.