BLI MED I MIN LEXUS

Welcome to MyLexus. These Terms of Use apply to the MyLexus portal/app and the content, services, application softwares, etc. made available from the MyLexus portal/app, as well as to the creation and use of your MyLexus account.

By using the MyLexus portal/app and any other related website where these Terms of Use are applicable, you are agreeing to the following terms with  Norway and Toyota Motor Europe NV/SA, Avenue du Bourget/Bourgetlaan 60, 1140 Brussels, Belgium (“TME”), which are jointly responsible for the  MyLexus portal/app and are together referred to in these Terms of Use as “ Lexus”, “we”, “us” and ”our”.

You must first read and accept these Terms of Use, which constitute a legally binding agreement between you and Lexus, in order to:

-         access and use the MyLexus portal/app; and

-         be able to become a member of  MyLexus and open and use a MyLexus account.

1. MyLexus account

If you open and use a MyLexus account, you are responsible for maintaining the confidentiality of your  MyLexus account and related password, as well as for restricting access to the device(s) through which you access your MyLexus account (for example, your computer) to prevent unauthorised access to your MyLexus account. You agree to accept full responsibility and are liable for all activities that occur under your  MyLexus account or related password. You should take all necessary steps to ensure that your MyLexus account related password is kept confidential and secure. You should also inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

You can always reset your password by going on the “Sign In” page and clicking on the “Reset password” link. You will then be asked to fill in the email address of your MyLexus account. You will then receive an email with instructions to reset your password and a link you need to click on. Clicking on this link will take you to a page where you need to write your new password and confirm your new password and then to click on “Change password” to confirm the changes. The email with the instructions to reset your password can also be triggered by a call centre or by a customer support member through the “Administrative Portal”. The following steps then remain the same as described above.

Please ensure that the details you provide us with are correct, up-to-date and complete. Please also inform us immediately of any changes to the information you provided us with when opening your MyLexus account or afterwards. You can access and update much of the information you provided to us in the “My Profile” area of the MyLexus portal/app.

Lexus reserves the right, at all times and at its discretion:

-         to refuse access to the MyLexus portal/app,

-         to refuse the opening of a MyLexus account, and

-         to terminate or remove a MyLexus account.

2. Cookies

A cookie is an alphanumeric identifier that we transfer to the hard drive of your computer through your Web browser in order to enable our systems to recognise your browser and to provide special features.

1.      The Help-menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the website of its manufacturer. However, because cookies allow you to take advantage of some of the essential features of the MyLexus portal/app and your MyLexus account, we recommend that you leave them turned on.

2.      If you do leave cookies turned on, be sure to sign off when you finish using a shared computer.

3.   Access to and use of the MyLexus portal/app and your MyLexus account

We will try to ensure an uninterrupted availability of the MyLexus portal/app and your MyLexus account and error-free transmissions. However, due to the nature of the Internet, an uninterrupted and error-free access cannot be guaranteed.

Also, Lexus may occasionally suspend or restrict your access to the MyLexus portal/app and/or your MyLexus account in case of emergency, for technical reasons (repair, maintenance, improvement, etc.), for security related reasons and/or for the introduction of changes (new facilities, services, apps, etc.), without incurring any liability. We will attempt to limit the frequency and duration of any such suspension or restriction.

Lexus may also block or prevent access to your MyLexus account in case of a (suspected) breach of confidentiality/security of the account or a misuse thereof.

You are responsible for the choice of your own devices used to access the  MyLexus portal/app and your MyLexus account, as well as the products, services or apps via the MyLexus portal/app, including the compatibility of such devices in terms of software and technological fitness to receive the Services. You are also responsible for keeping your devices up to date, including, but not limited to, by installing any updates or new releases when these are made available by Lexus.

4. Access to and use of services and apps made available or offered via MyLexus

a)     Services and apps made available or offered via MyLexus

         Via the MyLexus portal/app and your MyLexus account (“MyLexus”), you may have access to various services and apps which are made available to you or which you can buy or subscribe to.

         The use you may make of these services and apps may also be governed by separate specific terms of use. Therefore, if you want to get access, buy or subscribe to such services and apps, you will have to accept these specific terms of use.

Also, certain services and apps may be made accessible or offered  via MyLexus by third party providers ("Third Party Providers") other than Lexus. These services and apps are referenced on MyLexus for your convenience. They are provided under the sole responsibility of the Third Party Service Providers. If you want to access, buy or subscribe to such services and apps, you may have to (also) accept the terms of use of these Third Party Providers. See Section 7 (“Third Party Providers”) below for further information.

b)    Services linked to a Connectivity Device in your Lexus car (connected services and apps)

·         Via MyLexus and/or via your Lexus car you have the possibility to access/subscribe to a range of specific services and apps if your Lexus car is equipped with Lexus’s connectivity device (the “Connectivity Device”). You can subscribe to (Internet) connectivity services ("Connectivity Services") and to related connected services and apps (together "Services”).

·         Lexus does not, and you explicitly acknowledge that Lexus does not, provide any Connectivity Services, Internet access and/or other electronic communication services. \Lexus does not transmit nor convey any (electronic) signals. Lexus is also not responsible for the transmission and/or conveyance of any (electronic) signals. These Connectivity Services, Internet access and/or other electronic communication services, as well as the transmission of any (electronic) signals are provided by the respective Third Party Provider.

·         The use you may make of the Services will also be governed by separate specific terms of use, including, without limitation, terms of use of Third Party Providers. Therefore, if you want to get access / subscribe to any Service, you will have to accept separately and explicitly the specific terms of use that apply to such Service. The specific terms of use related to a Service will apply in addition to these Terms of Use and in case there are differences between both sets of terms of use, the specific ones will have priority over these Terms of Use.

How to subscribe to the Services.

Once your Lexus car is equipped with any Connectivity Device, you must follow the following steps in order to subscribe to one or more Services:

(1)   you connect to MyLexus to read and accept these Terms of Use;

(2)   you go to the list of Services and select those you wish to subscribe to;

(3)   you read and accept the specific terms of use related to each of the Services you have selected (these specific terms of use will include a detailed description of each of the selected Services, the duration of the subscription, the related fee/price, the payment related information and instructions on how to unsubscribe from the Service);

(3)   you read our Privacy Notice(s) related to the Services and, where applicable for certain Services, decide whether to provide your consent for specific types of processing of your personal data;

(4)   you insert any additional information requested by Lexus and/or the Third Party Provider in order to effectively provide you with the Service(s) you have selected. You may correct or modify such information at any time before confirming your subscription and afterwards;

(5)   Lexus and/or the Third Party Provider will confirm your subscription by email or by other means of notification.

Use of the Connectivity Device.

·           The use of the Connectivity Device is subject to the specific terms of use provided at the moment of the purchase of your Lexus car (for example, in the user manual or in any other document).

·           The Connectivity Device will have to be activated by you. This activation is done either directly via your MyLexus account or via the Connectivity Device and then confirmed via your MyLexus account.

·           TME and/or its affiliated companies retain all rights on the Connectivity Device and its content, including, without limitation, any intellectual property rights vested therein.

·           Software updates of the Connectivity Device will take place automatically and you hereby undertake to accept such updates and not to prevent or hinder them in any way. Furthermore, you undertake to submit your Connectivity Device to periodical maintenance check-ups, as recommended from time to time by Lexus. Lexus may replace the Connectivity Device at any time for security reasons, to update the offering of Services or for any other reason based on applicable laws and regulations.

·           Any handling or manipulation of the Connectivity Device and of the Connectivity Device’s software (for example, copying, modifying, reverse engineering, etc.) is prohibited.

·           Except for security reasons or where required by applicable laws or regulations, you must not remove the Connectivity Device from your Lexus car or uninstall any part of its software. If, notwithstanding the above, you undertake one of these actions, you will automatically deactivate or discontinue the Services you have subscribed to, without any right to be reimbursed for the lost subscription period. Furthermore, Lexus will not be liable for any consequences resulting from the removal or uninstallation which may affect the functioning of your Lexus car. Finally, you will lose any benefits and commercial advantages you had acquired by using the Services (for example, insurance or financing advantages related to the monitoring of data transmitted by the Connectivity Device).

·           Please note that once the Connectivity Device in your Lexus car is activated, the Connectivity Device will transmit data about the geo-location of your Lexus car. This geo-location data is necessary for the functioning of the Services which you will have subscribed to. Therefore, if you deactivate the Connectivity Device, please be aware that you will not be able to access and use any of the Services.

Use of the Services.

·           The offering of the Services is subject to applicable consumer protections laws and regulations.

-          If applicable and provided you are to be considered a consumer under the applicable national consumer protection laws and regulations, you have the right to withdraw from the subscription contract you have concluded via MyLexus in relation to the use of the Services within fourteen (14) days from the conclusion of such contract without giving any reason.

Your right to withdraw from such contract will thus expire after fourteen (14) days from the day of the purchase of your subscription.

-          To exercise your right of withdrawal, you must inform us of your decision to withdraw from your subscription by an unequivocal communication sent to us within the fourteen (14) days (withdrawal) period. For this purpose, you may, but are not obliged to, use the attached model withdrawal form.

You can use one of the following in order to send us your decision to withdraw from your subscription: Lexus Norge, Box 665, 3003 Drammen,

-          If you withdraw from your subscription, we will reimburse to you (i) all the fees received from you for such subscription with the exception of the part of the fees paid by you which corresponds to the part of the Services that have been provided to you, upon your specific request, until you have communicated us your decision to withdraw from your subscription, and (ii) the costs of delivery, if any (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about your decision to withdraw from your subscription. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

-          You expressly acknowledge that you cannot withdraw from your subscription in case the Service concerned has been provided in its entirety before the expiry of the fourteen (14) days (withdrawal) period following the purchase of the subscription (e.g. purchase of 1 month Connectivity Services and usage of the entire data limit before the expiry of the fourteen (14) days (withdrawal) period).

·           The renewal, suspension and termination of each of the Services are specified in the specific terms of use related thereto.  

·           You acknowledge and accept that any use of the Services, including when using them in your Lexus car, is under your sole responsibility and at your sole risk, and that Lexus and/or its affiliates, as well as our suppliers, are not liable for any damages you may incur yourself or you may cause to third parties in connection with such use.We expressly exclude our liability for any and all indirect or consequential damages, including, but not limited to, loss of data, reputational damage, loss of profit, loss of anticipated savings, loss of earnings and business interruptions.

You also acknowledge that you are solely responsible for any use, storage, protection and distribution of any data which has been provided to you or which you have access to in relation to or as a result of your use of the Services.

·           Any usage of any of the Services made available from your Lexus car must be done at all times in accordance with applicable legislations and in a safe and secure manner so that it does not interfere with or disturb the driving of the car and/or other participants in traffic.

·           Lexus and/or its affiliates do not ensure the accessibility, quality or accuracy of any of the Services that Lexus or any Third Party Provider makes accessible or provides through MyLexus at all times and in all situations, or the adequacy of the Services with regard to your specific needs or intended purposes or those of other drivers or passengers of your Lexus car or of third parties.

5. Licence to access and use of MyLexus

Lexus grants you a limited licence to access and make personal use of the MyLexus portal/app and your MyLexus account, but not to download (other than page caching) or modify it, or any portion of it, except after a prior explicit written consent of Lexus.

The use of the MyLexus portal/app and the creation and use of the MyLexus account are for free. As regards the Services mentioned in Section 4 above, or any other service or app, a fee, if any, will be explicitly specified.

Lexus reserves the right to modify, discontinue, suspend or replace any service or app available or offered through the MyLexus portal/app at any time and at its discretion. In such case, Lexus shall inform you reasonably in advance thereof. Lexus shall not incur any liability as a consequence of its decision.

This licence does NOT include (a) any re-sale or commercial use of this website or its contents, (b) any collection and use of any product listings, descriptions or prices, (c) any derivative use of this website or its contents, (d) any downloading or copying of account information for the benefit of another merchant or (e) any use of data mining, robots or similar data gathering and extraction tools.

The MyLexus portal/app or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior explicit written consent of Lexus.

Furthermore, you are not allowed to undertake any of the following:

1.      Frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Lexus and its affiliates without explicit written consent;

2.      To use any meta-tags or any other "hidden text" utilising Lexus’s or its affiliates' names or trademarks without the explicit written consent of Lexus;

3.      Act inappropriately by engaging in a behaviour that cannot be expected from a honest user  acting in good faith;

4.      Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer the data except as permitted in these Terms of Use;

5.      Attempt to or actually override any security component;

6.      Remove any copyright, trademark or other proprietary rights notices; and

7.      Collect, use or transfer any information, including, but not limited to, personally identifiable information, also known as “personal data”.

In case of any unauthorised use Lexus shall be entitled to terminate the access to and use of the MyLexus portal/app and/or your MyLexus account and/or any services or app related thereto with immediate effect and without being liable to you for any compensation.

6. Intellectual property

All marks indicated on the MyLexus portal/app and any related website are trademarks or registered trademarks of the company Toyota Motor Corporation, with head office in Japan, and are valid in the European Union and/or other jurisdictions.

Lexus’s graphics, logos, page headers, button icons, scripts and services and apps names are the trademarks or trade dress of Lexus. Lexus’s trademarks and trade dress may not be used in connection with any product or service that is not Lexus’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Lexus.

All trademarks not owned by Toyota Motor Corporation that appear on the MyLexus portal/app and any related website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lexus.

Lexus shall retain any and all rights on the data obtained from the use of the MyLexus portal/app, its content, services and apps, etc., in anonymous form, and any subsequent use of or analysis performed by Lexus based on such data. 

7. Third Party Providers

Third Party Providers may made accessible, provide or sell products, services or apps through the MyLexus portal/app.

We are not responsible for checking, evaluating and/or validating any of these Third Party Providers’ products, services or apps. We do not warrant nor endorse the offerings of any of these Third Party Providers and we are not in any way responsible or liable for any action from the Third Party Providers and/or for the content, quality and/or performance of their products, services or apps.

The Third Party Providers will have separate terms of use for making accessible, providing or selling their products, services and apps, which you will have to accept specifically. You should carefully review their these terms of use when you consider to engage in any transaction with them.

8. Damages

TME will not be responsible and incur any liability for any damage you might suffer or you might cause to third parties as a result of your use of the MyLexus portal/app and/or your MyLexus account.

9. Changes

We reserve the right to make changes to the content, services, application software, etc. of the MyLexus portal/app, as well as to these Terms of Use, at any time. You will be subject to the version of these Terms of Use in force at the time that you use the MyLexus portal/app, unless any change to those Terms of Use is required to be made by law or any governmental authority. If any of these Terms of Use is deemed invalid, void or for any reason unenforceable, that specific term will be deemed severable and will not affect the validity and enforceability of any of the remaining Terms of Use.

10. Events beyond our reasonable control

We will not be held responsible or liable for any delay or failure to comply with our obligations under these Terms of Use if the delay or failure arises from any cause which is beyond our reasonable control.

11. Waiver

If you breach these Terms of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.

12. Governing law and jurisdiction

This Privacy Notice relates to the Processing of your Personal Data in the framework of your access to and use of the My Lexus portal/app and the creation and use of your MyLexus account. It always has to be read together with the General Lexus Privacy and Personal Data Protection Policy in which the general modalities of the processing of your Personal Data are described and which you must accept in order to proceed further [insert link to the General Lexus Privacy and Personal Data Protection Policy].

Lexus Norge, Svelvikveien 59, 3003Drammen and Toyota Motor Europe NV/SA (“TME”), Avenue du Bourget / Bourgetlaan 60, 1140 Brussels, Belgium, as Data Controllers, will collect your Personal Data (as indicated below) for the purposes as described below.

WHICH OF YOUR PERSONAL DATA WILL BE COLLECTED?

We will collect the following (categories of) your Personal Data with respect to the MyLexus portal/app and your MyLexus account:.

PURPOSES AND LEGAL BASES OF THE PROCESSING OF YOUR PERSONAL DATA

We will process your Personal Data for the purposes and based on the legal grounds as described below:

DURATION OF RETENTION OF YOUR PERSONAL DATA

Your Personal Data will be kept for the duration indicated below:

RECIPIENTS OF YOUR PERSONAL DATA (OTHER THAN THE DATA CONTROLLER(S))

Your Personal Data will be made accessible to the recipients indicated below:

DISCLOSURES/TRANSFERS OF YOUR PERSONAL DATA TO RECIPIENTS IN COUNTRIES OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA)

Your Personal Data may be made accessible to recipient(s) in countries outside the EEA as indicated below: