Overview

Toyota Motor Corporation Australia Limited (ABN 64 009 686 097) trading as Lexus (Lexus) provides the Lexus Corporate Program to eligible corporate customers (Corporate Customers).

These Terms govern each Corporate Customer’s participation in the Lexus Corporate Program, including participation by any directors, officers, employees, contractors or members of a Corporate Customer. Please read them carefully.

By submitting an application to Lexus in respect of the Lexus Corporate Program, a Corporate Customer agrees to be bound by these Terms.

IMPORTANT: LEXUS CORPORATE PROGRAM BENEFITS CAN BE REDEEMED BY CORPORATE CUSTOMERS AND THEIR ELIGIBLE PERSONS, WHICH MAY INCLUDE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND MEMBERS OF THE CORPORATE CUSTOMER. EACH CORPORATE CUSTOMER IS RESPONSIBLE FOR THE CONDUCT OF ITS ELIGIBLE PERSONS AND THEIR COMPLIANCE WITH THESE TERMS. EACH ELIGIBLE PERSON PARTICIPATES IN THE LEXUS CORPORATE PROGRAM AS AGENTS FOR THE RELEVANT CORPORATE CUSTOMER.

1. CORPORATE PROGRAM - TERMS & CONDITIONS

1. These Terms comprise an agreement between Lexus and each of its Corporate Customers.


2. The Terms apply to each Eligible Person’s participation in the Lexus Corporate Program. The Corporate Customer agrees that it is responsible for the conduct of its Eligible Persons in relation to these Terms, and that each Eligible Person which participates in the Lexus Corporate Program does so as agent for the Corporate Customer. The parties agree that these Terms are only enforceable by and against Lexus and the Corporate Customer (and not by and against the Corporate Customer’s individual personnel or members).


3. The Corporate Customer acknowledges and agrees that Lexus may vary these Terms from time to time by written notice to the Corporate Customer. Any variation to these Terms will not affect any Lexus Corporate Program Benefits to which the Corporate Customer or its Eligible Persons are already entitled.

2. ELIGIBILITY FOR THE LEXUS CORPORATE PROGRAM

1. Subject to clause 2(2), an individual or entity will be an Eligible Person if they are:
   
   1. a Corporate Customer;
   
   
   2. a director, secretary or other officer of a Corporate Customer;
   
   
   3. an employee of a Corporate Customer;
   
   
   4. an individual who is a Long-Term Contractor of a Corporate Customer; or
   
   
   5. an individual who is a member of a Corporate Customer (where that Corporate Customer is an association comprised of members).
   
   
2. Unless an individual or entity meets one of the other criteria listed in clause 2(1) above, an individual or entity will not be an Eligible Person if they are:
   
   1. an employee of a local, state or federal government department, entity, or agency; or
   
   
   2. a member of an eligible racing club association, except where they are a member of the eligible racing club association’s Chairman Club.
   
   

3. LEXUS CORPORATE PROGRAM BENEFITS

1. When Lexus approves a person or entity’s request to become a Corporate Customer, it will classify the relevant person or entity as either a Tier 1, Tier 2, Tier 3, Tier 4 or Tier 5 Corporate Customer (based on its internal criteria). A Corporate Customer’s tier will determine the Lexus Corporate Program Benefits to which it and its Eligible Persons are entitled under these Terms.


2. Where an Eligible Person purchases a new Lexus Corporate Program Vehicle from a Lexus Dealer they shall, subject to these Terms, be entitled to the benefits specified in the table below (Lexus Corporate Program Benefits):

 

 

4. COMPLIMENTARY SERVICE BENEFITS

1. The Complimentary Service Benefits include the cost of parts and labour for all maintenance items listed for a particular scheduled service in the Lexus Warranty and Service Booklet and any other preventative treatment which Lexus considers should form part of that service.


2. The Complimentary Service Benefits do not include the costs of parts and labour for any items which are not included as part of the scheduled service set out in the Lexus Warranty and Service Booklet, including but not limited to the repair or replacement of wear and tear items such as brake pads, discs and wiper blades, the repair or replacement of tyres, repairs necessary due to damaged glass, panels or paint work (including rust corrosion), preparation for or restoration after long-term storage, repairs by persons other than a Lexus Dealer (without Lexus’ prior consent), effecting or repairing alterations or modifications to the vehicle, work necessary due to negligence, accidental or intentional damage or abuse, vehicle recovery, towing or other related travel costs (which may be covered by the Lexus DriveCare program) or work involved in daily or other regular checks to the vehicle.


3. The Eligible Person must take all reasonable steps to make the Lexus Corporate Program Vehicle available to a Lexus Dealer during normal working hours at or before the relevant service interval specified in the Lexus Warranty and Service Booklet so that the relevant maintenance work can be performed.


4. The Eligible Person must provide the Lexus Dealer who is to perform a Complimentary Service Benefit with the Lexus Corporate Program Vehicle’s Lexus Warranty and Service Booklet and demonstrate, to the reasonable satisfaction of the Lexus Dealer, that the Eligible Person has maintained an accurate record of the distance travelled by the Lexus Corporate Program Vehicle and that the vehicle has undergone scheduled servicing at the service intervals specified in the Lexus Warranty and Service Booklet.


5. The Eligible Person must comply with the instructions in the Lexus Warranty and Service Booklet and take steps to minimise any damage in the event of vehicle defect or failure. This includes fulfilling the vehicle service requirements in accordance with both time-specific and distance-specific descriptions (for example, servicing the vehicle at 12 months OR 15,000 km). Failure to meet these service requirements may result in denial of Complimentary Service Benefits by Lexus and its dealer network.


6. In exceptional cases where it is impractical for a Lexus Dealer to carry out a Complimentary Service Benefit or other maintenance work required to the Lexus Corporate Program Vehicle, the Eligible Person may, by prior arrangement with Lexus, have the vehicle serviced or repaired by a person who is not a Lexus Dealer. Lexus will reimburse the Eligible Person for the costs of parts and labour which would be included in the Complimentary Service Benefits upon receipt of the relevant invoice.

 

5. LEXUS CORPORATE PROGRAM VEHICLES

1. Lexus Corporate Program Vehicles may change from time to time. Please contact your preferred Lexus Dealer to receive a current list of Lexus Corporate Program Vehicles prior to purchase.


2. The Lexus Corporate Program will not be available in relation to any purchase or lease of demonstration vehicles, ex-company fleet vehicles, used vehicles or special models (whether new or used) which Lexus deems unavailable for inclusion in the Lexus Corporate Program.


3. The Corporate Customer must ensure that the following requirements are complied with in respect of each Lexus Corporate Program Vehicle:
   
   1. The Corporate Customer must provide such documentary evidence as Lexus or the Lexus Dealer may reasonably require from the Corporate Customer to confirm that the order for a new Lexus Corporate Program Vehicle is in favour of an Eligible Person.
   
   
   2. The purchase contract for the new Lexus Corporate Program Vehicle must be executed by or on behalf of an Eligible Person, and the vehicle must be registered in the name of that Eligible Person.
   
   
4. A purchase or lease of a Lexus Corporate Program Vehicle by an Eligible Person will at all times be subject to the relevant Lexus Dealer's standard terms and conditions of sale or lease. In the event of any inconsistency between these terms and conditions and the Dealer's terms and conditions of sale or lease, these terms and conditions will prevail to the extent of the inconsistency.


5. The Corporate Customer acknowledges and agrees that the Lexus Corporate Program Benefits are not transferable.

 

6. PRIVACY

1. The Corporate Customer must comply with all Privacy Laws and Lexus’ Privacy Policy in relation to any Personal Information which it or any of its Eligible Persons discloses to Lexus or a Lexus Dealer in the course of performing its obligations or exercising its rights under these Terms.


2. The Corporate Customer warrants and represents that any Personal Information that the Corporate Customer or an Eligible Person discloses to Lexus or a Lexus Dealer in connection with the Lexus Corporate Program has been collected and disclosed in accordance with Privacy Law, and Lexus and Lexus Dealers are authorised, either by the consent of the individual or by law, to collect and use that Personal Information in accordance with Lexus’ Privacy Policy.


3. The Corporate Customer must notify Lexus in writing immediately (and no later than twenty-four (24) hours) after becoming aware of a complaint concerning the use, disclosure, storage, transfer or handling of Personal Information disclosed to Lexus or a Lexus Dealer in accordance with these Terms, including any actual or suspected data breach in respect of that information. The Corporate Customer must comply with any reasonable direction of Lexus in relation to such a complaint.


4. The Corporate Customer must ensure that any of its personnel who are required to deal with Personal Information for the purposes of these Terms (including Eligible Persons) are made aware of the obligations of the Corporate Customer set out in this clause.

 

7. TERM AND TERMINATION

1. These Terms will commence on the date Lexus accepts an application from the Corporate Customer in respect of the Lexus Corporate Program and will continue until terminated in accordance with these Terms.


2. Lexus may terminate these Terms and the Lexus Corporate Program offered under them at any time by written notice to the Corporate Customer.


3. If Lexus terminates these Terms in accordance with clause 7(2):
   
   1. unless Lexus enters into a new agreement with the Corporate Customer, the Corporate Customer and its Eligible Persons will not be entitled to participate in the Lexus Corporate Program in respect of any Lexus Corporate Program Vehicles purchased after the date of termination;
   
   
   2. Lexus will continue to provide the Lexus Corporate Program Benefits in respect of new Lexus Corporate Program Vehicles purchased by an Eligible Person before the date of termination, whether such vehicles are delivered to the Eligible Person before or after the date of termination;
   
   
   3. any rights or remedies accrued by Lexus with respect to the Corporate Customer will not be affected; and
   
   
   4. any obligations or rights which are expressed to, or which by their nature survive termination of these Terms, will survive termination of these Terms and are enforceable at any time at law.

 

8. LIABILITY

1. To the extent permitted by applicable law, Lexus excludes all implied terms and warranties, whether statutory or otherwise, relating to the subject matter of these Terms. Any liability that Lexus cannot by law exclude in respect of goods and services is limited, where permitted by law, to supplying, or paying the cost of supplying, the goods or services again or repairing, or paying the costs of repairing, the goods at Lexus’ option.


2. To the maximum extent permitted by law, Lexus will not be liable to the Corporate Customer, any Eligible Person or their employees, contractors or agents 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 or any act or omission of a Lexus Dealer.

 

9. GENERAL

1. Lexus may engage third parties to supply services for it in connection with the Lexus Corporate Program.


2. Failure by Lexus to enforce a particular term or condition does not constitute a waiver of that term or condition by Lexus.


3. In the event of any inconsistency between these Terms and the terms and conditions contained in any other material relating to the Lexus Corporate Program or its benefits, these Terms will prevail to the extent of any inconsistency.


4. These Terms will be governed by and must be construed in accordance with the laws of Victoria, Australia. The Corporate Customer submits to the exclusive jurisdiction of the courts of Victoria, Australia, 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.


5. Nothing in these Terms 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.


6. If a provision of these Terms would, but for this clause 9(6), be unenforceable, that provision must be read down to the extent necessary to avoid that result and, if the provision cannot be read down, must be severed without altering the validity and enforceability of the remainder of these Terms.


7. These Terms contain the entire understanding between the parties as to its subject matter and supersede all other agreements between the parties which relate to the Lexus Corporate Program.