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Connected Services Terms of Use

Last Updated 6 April 2022

Your vehicle is equipped with a factory installed data communication device (the “Communication Module”) which Toyota Motor Corporation Australia Limited (“Lexus”) uses to provide you with a range of services and functionality (“Connected Services”). The Connected Services available to you will depend on the model of your vehicle and are described further below.

Before using the Connected Services you accept and agree to be bound by these Terms of Use and the terms of the Lexus Group privacy policy, available at www.lexus.com.au/smallprint/privacy (“Privacy Policy”).

If you do not accept these Terms of Use, then you may not use the Connected Services.  If you have any questions or wish to opt-out of the Connected Services please contact a Lexus dealer or call the Lexus Customer Assistance Centre on 1800 023 009.

It is your sole responsibility to make any of your passengers or drivers of your vehicle aware of the data collection, use, sharing and retention terms of the Privacy Policy and these Terms of Use.

1. COMPLIMENTARY PERIOD AND SUBSCRIPTIONS

For a period of three years beginning from your purchase of a new vehicle containing a Communication Module, we will provide the Connected Services described in these Terms of Use free of charge (“complimentary period”).    After the complimentary period, you can obtain the Connected Services by subscribing to one or more available service plans, using one of the methods we make available to you from time to time.

Before the end of your complimentary period, Lexus will notify you of the terms of any service plans (including services covered, fees, subscription periods, payment, renewal and cancellation options and associated rights) applicable to your continued use of the Connected Services following the complimentary period.  Lexus may change the terms on which it offers service plans from time to time by notice to you or by publishing revised versions of those terms on its website at www.lexus.com.au/connectivity/lexus-connected-services.  The terms applicable to any service plan to which you subscribe will be the terms that were notified to you or published when you first subscribed (or, if you have renewed your subscription, when you last renewed it), subject to any changes Lexus makes in accordance with section 7 below to your active subscriptions. 

During your complimentary period, you may cancel your subscription to the Connected Services by calling Lexus Connected Account Enquiries on 1300 064 789 (or using one of the other methods we make available to you from time to time), in which case we will stop providing those services to you.  However, please note that cancelling your subscription during your complimentary period will not automatically terminate the safety features (ACN and SOS functionality, as described below) in your vehicle.  To opt-out of ACN and SOS during your complimentary period, contact your local Lexus dealer for further assistance.   

2. TRANSFER OF YOUR VEHICLE

If you transfer ownership of your vehicle to any person, you must notify us by calling 1800 023 009 to organise the cancellation of your Connected Services.  We will cancel any active subscriptions to the Connected Services as soon as reasonably practicable after receiving notice of the transfer from you. Otherwise, if you do not notify us of the sale, your Connected Services subscriptions will continue on the same terms and conditions.

If the complimentary period is still active when ownership of the vehicle is transferred, the new owner of the vehicle is entitled to receive the Connected Services free of charge for the remainder of the complimentary period, if they separately register for Connected Services and agree to be bound by these Terms of Use. 

If the complimentary period is no longer active when the vehicle is transferred, then when we cancel any active subscriptions to Connected Services service plans for your vehicle, and the terms notified to you in relation to cancellation of those service plans will apply. 

You must notify the new owner of the vehicle about the following matters: (i) the vehicle contains a Communication Module and is subject to these Terms of Use; (ii) that the owner should contact Lexus on 1800 023 009 to ensure that the Connected Services for the vehicle are activated; and (iii) the remaining term of the complimentary period (if any). 

If you have acquired the vehicle second hand, you must register for Connected Services and agree to be bound by these Terms of Use separately in order to receive Connected Services in the vehicle (including for the balance of any complimentary period). 

3. HOW OUR SERVICE WORKS, RESTRICTIONS, AND SYSTEM LIMITATIONS

3.1 How the Connected Services Work

A. ACN and SOS

At a minimum, the Connected Services made available to you will include Automatic Collision Notification ("ACN"), Emergency Call ("SOS").

ACN and SOS services use the Communication Module and other features within the vehicle to detect certain vehicle events as well as identifying the Global Positioning System (“GPS”) location of the vehicle.

In circumstances where the vehicle detects a collision event (such as deployment of an airbag or selected other collision events) the Lexus Emergency Assistance Centre is notified and is provided with the GPS location of your vehicle via 3G/4G mobile telecommunications networks, purchased by Lexus from one or more Third-Party Service Providers. 

You can also contact the Lexus Emergency Assistance Centre for help by pressing the SOS button on your console.

The Lexus Emergency Assistance Centre will use reasonable efforts to contact appropriate Third Party Service Providers and police, fire brigade or ambulance services for help when you ask for it, or when your vehicle records a collision event as described above and we don’t receive a prompt response from you.  However, we cannot promise how quickly police, fire brigade or ambulance services or Third Party Service Providers may respond.

B. Lexus Connected App and other services

Some of the Connected Services are enabled or supported through the Lexus Connected App. In compatible vehicle models, the Communication Module may also collect and process data obtained from your vehicle and display it in the Lexus Connected App.  By downloading the Lexus Connected App onto your mobile device and following the instructions in the Lexus Connected App to register your vehicle, you may, depending on the model of your vehicle, be able to subscribe to a range of additional Connected Services, including:

  1. Vehicle Information, which provides you with information about your vehicle, such as your odometer reading, approximate fuel levels and vehicle diagnostic data and alerts;
  2. Guest Driver Profile, which allows the primary driver to set and receive notifications concerning the use of the vehicle by guest drivers (such as driving styles);
  3. Drive Pulse, which measures speed of acceleration, harshness of braking and harshness of cornering and provides a drive pulse score based on these factors;
  4. Last Parked/Last known location, which shows your vehicle’s last known location on a map;
  5. Recent Trips, which provides you with information about your last 10 trips;
  6. Remote Connect Features, which may, depending on the model of your vehicle, allow you to issue remote commands to your vehicle such as ‘lock’ or ‘unlock’ or ‘start ignition’;
  7. Connected Navigation, which allows you to plan your route to a specified destination (including through the head unit, your smartphone via the Lexus Connected App or, if Connected Voice is available, through voice commands);
  8. Guest Profiles, which allows you, and guest drivers who you invite, to create personalised multimedia profiles which then can be customised and preloaded on the vehicle; and
  9. Connected Voice, which provides you with a voice activated automotive assistant with artificial intelligence to use certain other Connected Services "hands free";
  10. Stolen Vehicle Tracking (SVT), which allows you to ask our Stolen Vehicle Assistance call centre to track and attempt to locate your vehicle if it is stolen;
  11. Rear Seat Reminder, which provides an alert in vehicle and via the Lexus Connected App when an item (eg. luggage, parcel) may have been left on the rear seat; and
  12. My Destinations which allows you to find and save destinations in the Lexus Connected App to automatically sync with your vehicle’s head unit.

Data regarding trips, or the location of your vehicle, provided through these services may take up to 48 hours to appear in your Lexus Connected App and is based on usage of the vehicle while you are subscribed to the relevant service. Other limitations and restrictions apply to the use of the Remote Connect Features and other Connected Services, for more information and a complete description of these services visit www.lexus.com.au/owners/apps/lexus-connected-app.

SVT uses the last GPS location of your vehicle reported using the Communications Module and 3G/4G mobile telecommunication networks purchased by Lexus from one or more Third-Party Service Providers.  Provision of the SVT service is subject to you confirming to our reasonable satisfaction your identity and ownership of the vehicle and that you have reported your vehicle as being stolen to the police.  We may place time limits on how long we attempt to locate your vehicle.  If your vehicle is located, we will only provide that information to the police.

Connected Services may be added or removed by us from time to time, subject to any terms notified by us in relation to subscription packages as described in section 1.  For a list of Connected Services currently being offered by us and information on how you can access and subscribe to those services please visit www.lexus.com.au/connectivity/lexus-connected-services.

You acknowledge and agree that the availability of the Lexus Connected App depends on the availability of a third-party service such as the Apple App Store, Google Play, or third party that hosts applications compatible with your wireless device (each, an “App Store”). You also acknowledge and agree that: (i) your use of the Lexus Connected App is subject to a separate end user licence agreement as notified to you at the time of downloading or installing the Lexus Connected App; (ii) the App Store is not responsible for: (A) the App, Connected Services or Service Content (as defined in section 8 below); (B) any maintenance, support services, or warranty; or (C) addressing any claims relating to Lexus Connected App, Connected Services or Service Content; (iii) you will pay the fees (if any) charged by the App Store in connection with the Lexus Connected App; (iv) you will comply with all applicable App Store terms and conditions; and (v) the provider of the App Store (and its affiliates) are intended third party beneficiaries of these Terms of Use and have the right to enforce them directly against you.

3.2 Service Availability

Although we will try to provide continuous access to the Connected Services, we cannot and do not guarantee that the Connected Services will be available 100% of the time.

Loss of availability could also be caused by a number of reasons, including, without limitation network failures, network or equipment upgrades or maintenance, congestion or other technical problems scheduled or unscheduled.

Not all Connected Services are available in all geographic locations, particularly in areas with poor mobile reception (e.g. remote or enclosed areas, including tunnels and underground areas).  The Connected Services made available to you may vary depending upon your vehicle model and model year.  For information on the Connected Services available in your vehicle, please visit www.lexus.com.au/connectivity/lexus-connected-services or consult your Lexus dealer.

3.3 Communication Module Limitations

The Connected Services only permit your vehicle to connect to the Lexus Emergency Assistance Centre, to request assistance using the SOS feature.  Lexus does not provide you with a telecommunications service, but only to the Connected Services features and to provide you with driving-related information and assistance made available through the Connected Services.  If you wish to make other calls, send text messages or access the internet through the head unit of your vehicle, you will be required to connect your own mobile telephone to the vehicle to do so, and use of your own mobile telephone will be subject to separate terms and conditions and may incur separate charges from your telecommunications service provider.

Your vehicle must have a working electrical system, including adequate battery power, and be within a wireless network coverage area of the 3G/4G mobile telecommunications networks used by Lexus to provide the Connected Services, for your Communication Module to operate and for Connected Services to be able to be provided.

Connected Services may not work (or may not work correctly, or provide only partial or inaccurate information), if:

  1. any vehicle component, hardware or software required to provide the Connected Services is malfunctioning, is damaged or has been modified or tampered with;
  2. you have not properly installed the Lexus Connected App on your device, or have not registered your vehicle on the Lexus Connected App;
  3. you have not subscribed to the Connected Services, or have opted-out of the Connected Services;
  4. your vehicle is not compliant with government regulations and law;
  5. your vehicle is damaged in a way that impacts the operation of the Communication Module; or
  6. there is limited mobile network coverage or access to the 3G/4G mobile telecommunications network used by Lexus to provide the Connected Services, including poor mobile reception on that network as described in section 3.2 above.

Connected Services may fail, or be delayed, due to acts of nature, or forces or causes beyond our reasonable control, including but not limited to weather conditions, public utility failure, acts of war, government actions, terrorism, civil disturbances, wireless network congestion or system failures including internet, computer, telecommunication or other system failures.

4. THIRD PARTY SERVICE PROVIDERS AND BENEFICIARIES

We work with many different companies, individuals and government entities to provide you with your Connected Services.  

In these Terms of Use, “Third Party Service Provider” means any person, company or entity who provides any service, Communication Module or facilities in connection with your Connected Services.  The disclaimers, limitations of liability and other protections of these Terms of Use extend to these Third Party Service Providers, who are intended third party beneficiaries of these Terms of Use and have the right to enforce them directly against you.

5. YOUR DUTIES AND RESPONSIBILITIES

It is your responsibility to make sure your vehicle, your Communication Module and your device which hosts the Lexus Connected App are functioning and activated.

If the light next to the SOS button in your vehicle is red or off, this means that your Communication Module is not functioning properly or is inactive and should be checked by a dealer.

You are solely responsible for:

  1. any use of the Connected Services in your vehicle, even if you are not the one using it;
  2. the costs of any emergency services or services of Third Party Service Providers requested by you, or by anyone using your vehicle, including as a result of an automatic collision notification or when you press the SOS button; and
  3. providing contact information for use by our Lexus Emergency Assistance Centre when using the Connected Services including in the event of an automatic collision notification or when you press the SOS button.

Neither we nor any Third Party Service Provider has any obligation to inquire about the authority of anyone using your vehicle.

If you or a driver of your vehicle uses the Connected Services or Communication Module to commit a crime or for another improper purpose, you will be responsible for any damages owed by us as a result of such use.

You acknowledge and agree that the operation of your vehicle requires your full attention.  You agree to comply with all applicable laws and regulations relating to your use of your vehicle, and to ensure that you pay proper attention to the operation of your vehicle and exercise reasonable care when operating your vehicle, including when using the Connected Services. 

When you use the Connected Services, you agree:

  1. not to use the “SOS” button except for when you require the assistance of an emergency services provider including ambulance, police or fire brigade; and
  2. not to use your service for any fraudulent, unlawful, or abusive purpose, or in any way that interferes with our provision of Connected Services to our other customers.

6. OUR RIGHT TO CANCEL OR SUSPEND YOUR SERVICE

Lexus reserves the right to change, suspend, remove, terminate or disable access to any or all of the Connected Services by providing you with notice in circumstances where:

  1. you are no longer subscribed to the Connected Services or you have breached your obligations under these Terms of Use;
  2. Lexus is no longer able to provide the Connected Services to you, including in circumstances where 3G/4G mobile telecommunications services or other services provided by Third Party Service Providers are no longer available to Lexus for any reason and in circumstances where it is unlawful for Lexus to supply the Connected Services to you; or
  3. Lexus has made a commercial decision to discontinue some or all of the Connected Services.

The 3G/4G mobile telecommunications networks on which the Connected Services rely may be retired at the end of 2029 (or at any later time determined by the relevant telecommunications providers). As a result, vehicles that rely on this network technology may lose Connected Services, and/or have limited functionality in their telematics capabilities after that time. You understand and agree that Connected Services and such capabilities may not be available after that time. Lexus will contact you if this occurs.

To the extent permitted by law, Lexus’s sole liability for the removal of or disabling of access to any such Connected Services is for Lexus to refund you any unused pre-paid subscription fees for the relevant Connected Services.

7. MODIFICATION TO AGREEMENT

Lexus may modify these Terms of Use (or the terms of any service plan for which you have an active subscription) by giving you notice or by asking you to read and accept a new version. We may give you notice by posting a new version of the Terms of Use at www.lexus.com.au/connectivity/lexus-connected-services. Your continued access to or use of the Connected Services after our notice indicates your acceptance of the modified Terms of Use or relevant service plan terms.  If you do not accept the change, you may cancel any active subscriptions to Connected Services service plans you have (by notifying us through one of the options we make available to you), and we will cancel those subscriptions as soon as reasonably practicable after receiving your request.  If the complimentary period is no longer active when you cancel, then the terms notified to you in relation to cancellation of those subscriptions (based on the service plans you have subscribed to) will apply. 

8. INTELLECTUAL PROPERTY

The Connected Services and all copyright, trademarks and other intellectual property rights in any text, illustrations, files, images, graphics, photos, sounds, music, videos, information and other content displayed, played or made available through the Connected Services (collectively, the “Service Content”) are owned by us, our affiliates, our licensors or service providers.  Lexus grants you a limited, non-exclusive and revocable license to use the Service Context solely in the manner in which we make it available to you in your vehicle through the Connected Services, for your personal use of the Connected Services.  Except for the limited rights granted to you in these Terms of Use, you do not acquire any right, title or interest in the Services or any Service Content. Any rights not expressly granted in these Terms of Use or in any additional terms notified to you are expressly reserved.

9. NO WARRANTIES

To the maximum extent permitted by applicable law, the Connected Services are provided on an "as is" and “as available” basis, with all faults and without warranty of any kind and Lexus disclaims all warranties, guarantees and conditions with respect to the Connected Services.

Lexus does not warrant against interference with your enjoyment of the Connected Services, that the Connected Services will meet your requirements, that the Connected Services will be uninterrupted or error-free, that defects (if any) in the Connected Services will be corrected or that information provided via the Connected Services is accurate, complete, current or suitable to your purposes. No oral or written information or advice given by Lexus or its authorised representative shall create a warranty.

Nothing in these Terms of Use excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any law (including consumer guarantees under the Australian Consumer Law) that cannot lawfully be excluded or limited (a "Non-Excludable Condition").  To the maximum extent permitted by law, Lexus expressly limits its liability for breach of any Non-Excludable Condition to the following remedies (at Lexus's option):

  1. in the case of goods, 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
  2. in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.

To the maximum extent permitted by law including the Competition and Consumer Act 2010 (Cth), in no event shall Lexus be liable for any loss or damage (including death or personal injury, direct, incidental, special, indirect or consequential damages, loss of profits, loss of data or business interruption costs) arising out of or related to your use or inability to use the Connected Services, however caused, regardless of the theory of liability (contract, tort, including negligence or otherwise) and even if Lexus has been advised of the possibility of such damages.

Lexus may assign or transfer its rights and obligations under these Terms of Use to another organisation, but this will not affect your rights or Lexus’s obligations under these Terms of Use.

These Terms of Use are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of its courts and courts of appeal from them. The parties will not object to the exercise of jurisdiction of those courts on any basis.

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