Service Information and Repair Manuals

Lexus website conditions of use

General

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

a) informing its Customers,
b) enabling Customers to provide information to Lexus, and
c) providing information and commercial services to Business Partners.

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 other than whole or complete Repair Manuals, sections/topics of Repair Manuals may be downloaded.
  • 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.

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 or more of the following:
  • the replacement of the goods or supply of equivalent goods;
  • the repair of the goods;
  • the payment of the costs of replacing the goods or of acquiring equivalent goods; or
  • the payment of the costs of having the goods repaired; and
  • in the case of services:
  • 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.

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.

Defined Terms

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

SMS Service Terms and Conditions

  1. You must take care when dialing or sending messages to obtain SMS service. It is your responsibility to ensure that you dial the correct number and send the correct request message. Lexus Motor Corporation Australia Limited ("Lexus") will not be liable for costs incurred or unexpected responses received by you because of user or any other occurrence or omission.
  2. The SMS Service is only available to users connected to the Telstra, Vodafone, Hutchison, Virgin and Optus mobile digital networks and participating service providers with SMS compatible mobile digital phones. All queries relating to the eligibility of your specific mobile network should be directed to your mobile telephone carrier.
  3. Lexus has no control over mobile telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. Lexus is not liable for any consequences of user error including (without limitation) costs incurred.
  4. Lexus and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence) in connection with this service, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  5. Standard SMS fees apply. Check with your carrier for SMS costs. The charges for the content and carriage of the SMS Services will appear on your next mobile telephone bill.
  6. Lexus or your mobile telephone carrier may terminate or suspend in whole or in part any or all of the SMS service at any time, for any reason and without liability.
  7. When you submit a request to the SMS Service, Lexus collects your mobile telephone number for the purpose of responding to your request and, unless you ask not to receive promotional material, may also use your number to keep you informed about Lexus services and special offers. Lexus may also disclose your number to Lexus dealers, to its related bodies corporate, agencies and contractors (including call centres, advertising agencies and direct mail houses). Lexus is bound by the National Privacy Principles contained in the Privacy Act (Cth) 1988. A copy of Lexus's privacy policy can be viewed at www.lexusmanuals.com.au. To request access to, or to update, personal information Lexus holds about you, you can contact Lexus on 1800 252 097.
  8. While Lexus will use its reasonable endeavours in providing the SMS service, Lexus does not guarantee that the information provided through the SMS service will be accurate, complete or up to date and does not guarantee that the SMS service will be free of interruptions or errors. Lexus excludes all express and implied warranties in relation to the SMS service. If any applicable law implies any warranty in relation to the SMS service which cannot be so excluded, then (if permitted by law) Lexus limits its liability for breach of that warranty to re-supply of the SMS service or payment of the cost of re-supplying the SMS service, at Lexus's option.