TERMS OF USE
IMPORTANT: PLEASE READ THESE TERMS OF USAGE (“TERMS”) BEFORE REGISTERING AND USING “Lexus India” MOBILE APPLICATION SERVICES.
ALL RIGHTS INCLUDING TRADEMARKS AND COPYRIGHTS OF “LEXUS” (DEFINED HEREINAFTER) MOBILE APPLICATION SERVICES ARE OWNED BY LEXUS DIVISION TOYOTA KIRLOSKAR MOTOR PVT. LTD. (HEREINAFTER REFERRED TO AS “LEXUS INDIA”) AND LEXUS HEREBY SETS OUT THESE TERMS AND CONDITIONS FOR ITS USE BY ALL ITS USERS (HEREINAFTER REFERRED TO AS “USER OR YOU’).
THESE RULES OF USAGE SHALL APPLY TO ALL MATTERS CONCERNING THE USE OF THE LEXUS INDIA MOBILE APPLICATION AND SERVICES (“LEXUS INDIA” OR “APP”) PROVIDED BY THE COMPANY. YOU CAN REGISTER FOR LEXUS INDIA APP ON YOUR MOBILE DEVICE. BY REGISTERING FOR LEXUS INDIA APP, YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD AND ACCEPTED THESE TERMS AND CONDITIONS IN THE SAME WAY AS IF YOU HAVE SIGNED A PRINTED VERSION AND YOU SHALL BE BOUND BY THEM TILL TERMINATION OF YOUR REGISTRATION WITH LEXUS INDIA APP.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS SET OUT HEREIN, DO NOT INSTALL AND/OR USE THE APP OR ANY OF THE SERVICES PROVIDED BY LEXUS INDIA APP OR TKM. IF YOU HAVE ALREADY INSTALLED THE APP, AND YOU DO NOT AGREE WITH THE TERMS SET OUT HEREIN, PLEASE UNINSTALL THE SAME FROM YOUR MOBILE DEVICE.
Article 1 (Scope of Use)
Lexus India app is only for individuals who own Lexus brand vehicles, which were originally purchased through authorized Guest experience centers / GEC Lexus India and who have registered on Lexus India app ("User”).
The Company may vary these Terms at any time without requiring the User's consent for any reason including but not limited to security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of Lexus India app, by publishing the varied Terms on the home screen of Lexus India app.
The User accepts that by following the procedure set out herein above, the Company will have provided the User with sufficient notice of the variation to these Terms. The Company is under no obligation to specifically contact or notify the User of any variation to these Terms. By using Lexus India app after any variation to these Terms, the User shall be deemed to have accepted the revised/ modifies Terms. The Company shall grant the User the right to use Lexus India app, subject to these Terms, for smartphones and other electronic devices, which are managed and operated by the User (each referred to as an "Information Communication Terminal”).
The User may only use Lexus India app on Information Communication Terminals and operating systems that are authorized/recognized by the Company as being eligible to receive the service.
Article 2 (Content of Lexus India app)
The content of the Lexus India app service being made available to the User under these Terms shall be set out in a separate document or within Lexus India app. The Company may change any or all aspects of Lexus India app, including but not limited to the display, content, and user interface of Lexus India app, at any time and without any prior notification to the User.
Certain individual services may be purchased through Lexus India app (each referred to as the "Individual Service"). Individual Services may be provided by the Company or a third-party provider (referred to as an "Individual Service Provider"). The User shall consent to these Terms and any other rules and guidelines applicable to the Individual Service including but not limited to general terms and conditions, which are made available either by the Company or any other Individual Service Provider.
In the event of an inconsistency or conflict between the application of these Terms and any other rules or guidelines (“Guidelines”) applicable to any or all Individual Services, the Guidelines shall prevail but only to the extent of any inconsistency. In all other cases, these Terms shall prevail over any other Guidelines applicable to any or all Individual Services.
Individual Services currently comprise of the following:
I. Remote Services
Check & Control the connected vehicle remotely
II. Location Services
Find my Car helps in tracking the last parked location remotely. In case, if the vehicle has been towed, get notified in the App with last parked location
III. Driver Alerts
Monitor the vehicle by setting the profile for My Family/Chauffer/Valet etc (up to 5 profile) & notifying through push notification if there any breach in Geo-fence, Speed Alert & Seat Belt Alert.
IV. Auto Collision Notification
In case of any collision with airbag deployment, send SMS to the emergency contacts
V. Theft Alert
Whenever there is any intrusion or unauthorized entry in the connected vehicle with active subscriptions. Theft Alert SMS and Notification is sent to Lexus India Application and customer registered phone number
VI. Stolen Vehicle Tracking
Track the live location of the stolen vehicle upon receiving theft alert notification and SMS in Lexus India Application
VII. Remote Immobilization
- Remotely disabling the stolen vehicle’s ignition based on the request received from customer or law enforcement agencies with the necessary documents shared with Authorized Lexus Dealership or GEC or TKM as mentioned in Lexus India Application
- Remote Immobilization Request will be accepted only after successful verification of documents by Authorized Lexus Dealership or Guest experience center.
- After successful verification of document, the vehicle will be Remotely Immobilized to prevent engine start
- Note: In-order to Remotely Immobilize, the vehicle should be in good network coverage area, No Malfunction in vehicle security systems and engine is in turned-off condition.
VIII. Reach Us
Provide list of dealers with telephone numbers to facilitate users to reach out to Lexus India for inquiries and feedback.
IX . Roadside Assistance (RSA)
Supports Roadside Assistance during vehicle breakdown to the selected car, which is eligible for Lexus RSA support.
X. Notification
The Users can receive and view different types of message/notifications like insurance due, service campaigns and updates sent from the Company or Lexus India or authorized Dealers of Lexus or GEC. Further it also captures likes & comments, multimedia promotional messages, etc.
XI. Follow us
Users may share the app with others and visit Lexus India Website.
XII. Pro Care & Extended warranty
Features such as Pro care, and Extended Warranty
The App may transmit information via push notification as one of the Individual Services set out in Article 2(vi). By accepting these Terms, the User is deemed to have consented to receiving notifications from the Company or its authorized service provider/s. The notification service enables the User to be kept up-to-date on any topics pertaining to Lexus India app or its services.
Lexus India app is available in all the States and Union Territories of India (“Serviced States”). The Company may increase or decrease the number of Serviced States, or vary the scope of the services offered through Lexus India app in any of the Serviced States, at any time and without prior notice to the User.
The User is solely responsible for all costs, including but not limited to, telecommunications costs, network provider costs and Information Communication Terminal costs that he or she incurs in connection with the installation and use of Lexus India app and its services.
The Company does not warrant, represent or undertake that:
Lexus India app will meet the User's needs, or that it will be uninterrupted, timely, secure, error-free or free from viruses; or the information obtained from or available through Lexus India app will be accurate or reliable, or that the quality of any information obtained by the User through or as a result of the User's use of Lexus India app will meet a User’s expectations. All implied warranties, except those that cannot be lawfully excluded, are excluded.
Article 3 (Use of Lexus India app)
By clicking the 'AGREE' button below, the User agrees to be bound by these Terms. In order to install access and use Lexus India app, the User must satisfy the minimum age requirement of 18 years as on the date of registration on Lexus India app and have full legal capacity to contract under the laws of India.
The User shall not use Lexus India app in any manner that would, or could reasonably be expected to, damage or overburden any of the Company's servers, or any network connected to any of the Company's servers. The User must not use Lexus India app in any manner that would, or could reasonably be expected to, interfere with any other party’s use of Lexus India app or which is, or which is likely to be, in contravention of any applicable laws or any party's rights or legal entitlements under any applicable laws.
Article 4 (Suspension or termination of the use of Lexus India app)
The Company may suspend or terminate the use of Lexus India app by the User at any time without prior notice to the User and for any reason, including if the Company determines, in its sole discretion, that any of the following events have occurred, or are likely to occur:
i. When the User no longer owns a Lexus brand vehicle;
ii. the User has acted in breach of these Terms;
iii. the User chooses to terminate the future use of Lexus India app through the application screen of Lexus India app ;
iv. the User has made a false representation to the Company vis-à-vis his or her personal identification including but not limited to his or her age, telephone number, e-mail address or other such personal information (referred to as the "Personal Information");
v. the User has improperly used Lexus India app or used Lexus India app for any activities prohibited under or in contravention to any law or in infringement of any party’s rights ;
vi. the User has disturbed or interrupted the operation of Lexus India app; or
vii. the User has used or caused any person to use Lexus India app in a manner that is deemed by the Company to be inappropriate, unethical or illegal or in violation of these Terms, Company’s Privacy Policy applicable to Lexus India app (“Lexus India app Privacy Policy”), or any policy of the Company.
Article 5 (Prohibition of the transfer of rights and obligations)
The User shall not transfer or assign to a third party, any right or obligation relating to use of Lexus India app or any services provided by it.
Article 6 (Login Information)
In order to make use of Lexus India app, the User will need to register an account with the Company ("Online Account"). In order to register an Online Account, the User must:
i. provide the Company with complete and accurate personal data;
ii. ensure that his or her use of Lexus India app is in accordance with these Terms and all applicable laws; and
iii. select a username and password ("Login Information").
By registering an Online Account with the Company, the User warrants, represents and undertakes that:
i. he or she has given complete and accurate registration information and personal data, and will keep that information updated; and
ii. his or her use of Lexus India app does not violate these Terms or breach any applicable laws.
All information, including personal data, of the User collected or accessed by the Company through User’s usage of Lexus India app, to the extent applicable shall be subject to the Lexus India app Privacy Policy as available at Privacy Policy.
Article 7 (User’s Responsibility)
The User is responsible for all activities that occur in connection with his or her Login Information. Accordingly, the User must take steps to protect the confidentiality of his or her Login Information.
The User must not disclose his or her Login Information to any third party. The User must notify the Company immediately if he or she becomes aware of any disclosure, loss, theft or unauthorized use of his or her Login Information. The User shall be solely responsible for maintaining confidentiality of their Online Account and their Login Information as well as for all activities on their Online Account.
It is the duty of the User to notify the Company immediately in writing of any unauthorized use of their Login Information or Online Account or any other breach of security. The Company shall not be liable for any loss that may be incurred by the User as a result of unauthorized use of the User’s Online Account, either with or without the User's knowledge including but not limited to all orders, service requests/appointments or instructions and data transmissions, relying on which the Company, its affiliates or authorized dealers/service provides executes or performs any action.
The User shall be solely responsible for all loss, harm and damage arising as a result of the use of his or her Login Information.
The User shall not use the Login Information of any third party at any time and shall be solely liable and responsible for any loss, harm, damage, cost and action arising from a breach of this Article.
Article 8 (Changes to Personal Information)
The User shall promptly update his or her Personal Information in accordance with Lexus India app Privacy Policy.
The Company shall not be responsible for any loss, harm, damage or inconvenience that the User suffers as a result of his or her failure to comply with this Article.
Article 9 (Procurement of the Information Communication Terminal)
The User hereby agrees and understands that he/she uses Lexus India app entirely at his or her sole discretion and own risk.
Certain services and functions of Lexus India app (including the Individual Service) will only work if the current positioning information (Global Positioning System) on the Information Communication Terminal is activated and set to “ON”. It is the User's sole responsibility to activate this setting on his or her Information Communication Terminal. The Company shall not bear any responsibility or liability for any damage, loss, harm or inconvenience incurred by the User for his or her failure to comply with this Article.
Article 10 (Changes and abolishment of an Individual Service)
The Company may change or abolish a specific Individual Service of Lexus India app at any time without prior notification and without incurring any liability to the User
Article 11 (Termination of an Individual Service)
The Company may cancel and thereby terminate the provision of an Individual Service at any time without prior notification and without incurring any liability to the User.
Article 12 (Temporary suspension of the provision of the Lexus India app service)
The Company may temporarily suspend the provision of Lexus India app without liability or notification to the User and at any time in any of the following circumstances:
i. periodical or emergency maintenance of Lexus India app is conducted;
ii. the provision of Lexus India app becomes impossible due to events or acts outside of the Company's control, including but not limited to, failure of electronic or mechanical equipment or communications lines (including telephone, cable and Internet), unauthorized access, acts or omissions of third parties, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, tsunami or other act of God), fire, pandemic, epidemic, disasters (man-made or natural), war, insurrection, terrorist act, riot, labour dispute or other labour problems, accident, emergency, delay, overbooking, cancellation, change in Law or action of government;
iii. communication services (including internet connectivity) are suspended;
iv. network disturbance occurs as a result of the environment in which the Information Communication Terminal is used; and
v. when the Company judges it necessary to temporarily suspend the provision of Lexus India app for legal, security, operational or technical reasons.
Article 13 (Compensation of damages)
If the use of Lexus India app by the User causes damage, harm, loss or inconvenience to a third party, the User shall be solely responsible for settling the matter with the third party at his or her sole cost and expense and without causing any inconvenience or liability to the Company.
If the use of and/or acts or omissions in relation to Lexus India app by the User violates these Terms or causes damage, harm, loss, liability or inconvenience to the Company, the Company may demand damages in the form of compensation from the User.
Article 14 (Indemnification and Limitation of Liability)
To the maximum extent permissible under applicable laws, the Company shall not be responsible for any damage, harm, loss or inconvenience suffered by the User as a result of his or her use of Lexus India app.
The Company shall not bear any obligation or responsibility for services and information provided by the provider of the Individual Services other than the Company.
If any dispute arises between the User and an Individual Service Provider, the dispute shall be settled between the User and that Individual Service Provider and the User shall not submit any demand, action, claim or complaint to or against the Company. The Company bears no responsibility for any act, omission or representation of an Individual Service Provider and does not offer any warranties or make any representations, in relation Individual Services provided to the User by an Individual Service Provider.
The User agrees to indemnify, defend and hold harmless, the Company, its affiliates and their respective officers, directors, lawful successors, assigns and any third party from and against any loss, cost, damage, or expense howsoever caused, or suffered by the Company including legal fees and disbursements in connection therewith and interest chargeable thereon asserted against or incurred by such indemnified persons, that arise out of, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant by the User, or arising out of the use of Lexus India app by the User, whether direct, indirect or consequential, arising out of or referable to Lexus India app or to the installation, access and use of Lexus India app by the User, however caused, whether in contract, tort (including negligence), statute or otherwise.
Subject to any responsibilities implied by law and which cannot be excluded, neither the Company nor any of its directors, employees, agents or contractors, are liable to the User for any losses, damages, liabilities, claims and expenses (including without limitation but not limited to legal costs and defense or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to Lexus India app or to the installation, access and use of Lexus India app by the User, however caused, whether in contract, tort (including negligence), statute or otherwise.
The entire and overall liability of the Company whether in tort or otherwise shall in no event exceed the amount of fees paid to it by the User for the services rendered by the Company, that caused such liability on the Company.
The Company shall not be liable to the User or anyone else for any loss resulting from a cause/event/act over which the Company does not have control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and Internet), unauthorized access, acts or omissions of third parties, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, tsunami or other act of God), fire, pandemic, epidemic, disasters (man-made or natural), war, insurrection, terrorist act, riot, labour dispute or other labour problems, accident, emergency, delay, overbooking, cancellation, or action of government.
Article 15 (Personal use of Lexus India app)
All rights including without limitation the intellectual property rights, in all content available through Lexus India app are owned solely by the Company and/ or by its licensors.
The User shall not reproduce, alter, modify, adapt, reverse engineer, sell, publish or use by any other means any information obtained through Lexus India app for any purpose other than the personal use of the User without obtaining the prior written consent of the Company.
The User shall not allow a third party to reproduce, alter, modify, adapt, reverse engineer, sell, publish or use by any other means any information obtained through Lexus India app or make such information available to the public or to third parties without obtaining the prior written consent of the Company.
Except where necessary for and incidental to personally installing, using and accessing Lexus India app through the User's Information Communication Terminal, or as permitted by these Terms or under applicable laws, no part of Lexus India app may be reproduced, stored (for any period of time) in an electronic or any other retrieval system, modified, adapted, uploaded to a third party location, framed, performed in public, or transmitted, in any form by any process whatsoever, without the Company's specific prior written consent.
Article 16 (Prohibited matters)
The User shall not use Lexus India app for commercial activities or commercial purposes or in any manner or for any purpose that is violative of these Terms or any other policies published by the Company from time to time.
The User shall not use Lexus India app in any way that is contrary to the laws of India, statutes, codes, ordinances, decrees, rules, regulations, municipal by-laws, judgments, orders, decisions, rulings or any government agency or department in India or that is otherwise contrary to public order and morality, including, without limitation, applicable export and import control laws and regulations, and User shall not allow any other party to use the service or the Lexus India app application for or in connection with any illegal purpose or activity.
The Lexus India app application is not intended for distribution or use by any person in any jurisdiction or country where such use and/or distribution would be contrary to local laws, rules of the service and the Lexus India app application will at all times be in compliance with all applicable laws, rules and regulations, including, without limitation, applicable export and import control laws and regulations.
The User shall not license, sublicense, sell, disseminate, broadcast, transmit, or otherwise distribute the Lexus India app application or the service in any form or by any means, or otherwise transfer, assign, manipulate, or grant any rights of use or any other rights in respect of the Lexus India app application or the service, or any part thereof, or the information contained therein, to any other party.
The User Shall not copy the Lexus India app application or the information accessible through the service onto any public or publicly accessible network, or make any additional copies of or reproduce in any way the whole or any part of Lexus India app application or the services whatsoever.
The User shall not remove or tamper with any proprietary notices, marks, content or labels, including but not limited to copyright notices or data source attributions, attached to or contained within Lexus India app application or the service provided by it.
The User shall not use Lexus India app application or the service in any way that may lead to encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm or injury to any person.
The User shall not cause damage to any of the websites, servers, systems or equipment used in the provision of the service by the Company, and authorized dealers of the Company or any other third party engaged by the Company, and shall not access or attempt to access any user data or to penetrate any of the security measures relating to the service.
Article 17 (E-mail, etc.)
The User acknowledges that he or she will be solely responsible for any use of the e-mail functionality (such as sending and receiving e-mails) that is made available through Lexus India app or an Individual Service.
Except for mechanical processing, communication processing and other activities of lawful operation, the Company shall not view or disclose to a third party the content of e-mails (including email addresses) or related information other than in accordance with applicable laws or the terms of these Terms, and shall guarantee the secrecy of the User's communications in accordance with Lexus India app Privacy Policy.
Article 18 (Treatment of Personal Information)
For the purposes of these Terms, “Personal Information” shall mean to include any information related to the User as recognized under the Company’s Lexus India app Privacy Policy(Privacy Policy). All Personal Information collected, accessed or handled by the Company through Lexus India app application shall be as per the terms of Lexus India app Privacy Policy, as amended from time to time and the applicable laws.
It is the responsibility of the User to read and understand the terms of the Lexus India app Privacy Policy as updated from time to time.
Article 19 (Payment for Individual services using Lexus India app)
All usage fees for Individual Services, if any, may be paid using the payment gateways within Lexus India app made available by the Company for this purpose.
Article 20 (Cancellation of the use of Lexus India app by the User)
If the User cancels his or her use of Lexus India app, the Company shall not refund any amounts paid to the Company by the User for any service and amount shall not be transferred to any other individuals or users.
Any outstanding payments due to the Company by the User shall become payable immediately on the termination or cancellation of the User's use of Lexus India app.
Article 21 (Law and Jurisdiction)
User shall be responsible for compliance with all applicable laws. These Terms are governed by the laws of India and the courts at Ramanagara District shall have exclusive jurisdiction over any matters or disputes concerning or arising out of these Terms.
Article 22 (General)
The Company may perform any of its obligations, and exercise any of the rights granted to it under these Terms, through a third party. The Company may assign any or all of its rights and obligations under these Terms to any third party.
If any clause or part of any clause of these Terms is found to be void, unenforceable or invalid, then it will be severed from these Terms and all other Terms remaining in full force and effect, provided that the Company at its sole discretion determines that such severance of the Terms has not altered its basic nature.
The User may not rely on the Company's words or conduct as a waiver of any right unless the waiver is in writing. In this Article, “conduct” includes delay in the exercise of any right. For the purposes of this clause, “right” means any of the Company's rights arising under or in connection with these Terms or otherwise, and includes the right to rely on this clause.
These Terms and any terms of use applying to an Individual Service constitute the entire agreement between the User and the Company in relation to Lexus India app and supersede in their entirety any and all written or oral agreements previously existing between the User and the Company with respect to such subject matter.
Article 23 (Updates)
Company reserves the right to update these Terms as and when need arises, without prior notification to its Users and the same will be made available on Lexus India app application. Company urges the Users to visit the Lexus India app application or the Company websites periodically to make sure the User is aware of any changes to the Company’s policies and practices. User’s continued use of the Lexus India app application following the posting of changes to these Terms shall be deemed the User’s acceptance of those changes. Company shall not be liable for any damages that User may suffer as a result of any changes to these Terms.
