This XFORCE Varex Smart Box mobile application ("app") is owned and operated by Ausfeng Pty Ltd ABN 17 096 885 675 ("XFORCE" or "we" or "us" or "our"). By entering, accessing or using our app in any way, you agree to be bound by these Terms of Service, including our Privacy Policy, and any other laws or regulations which apply to this app.
By using this app, you acknowledge that you have read, understood and agree to be bound by all of our Terms of Service as they may be updated from time to time. If you do not agree with our Terms of Service you must not use our app.
XFORCE reserves its right to modify any of these Terms of Service at any time and an updated version of the Terms of Service will be posted on the app.
While XFORCE aims to ensure that the information in this app is correct, sometimes errors do occur.
The information on this app is for information purposes only. While XFORCE has used its best endeavours to ensure that the information contained on and accessed through the app is correct and current at the time of publication, the app may contain technical inaccuracies or typographical errors. XFORCE does not accept any responsibility for any error, omission or defect in the information provided on this app. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
As a condition of your use of this app, you warrant that:
While using this app, you will not:
If you believe that a user has breached any of the above conditions, please contact us.
You may only use this app for your own personal use (which will at all times be reasonable, not abusive) or for purposes legitimately connected with the prospective purchase of our products and services for domestic use.
You are not allowed to access, use or copy any material or information on this app for any commercial or unlawful purpose. You may print off any individual page for your own personal use only.
If you wish to use any aspect of this app for commercial purposes, XFORCE's prior written consent must be sought and any such use is strictly limited to that consent.
In the event of any conflict between these Terms of Service, any terms and conditions of sale, any information that may be contained on our app and any material delivered with any XFORCE product, the terms of any material delivered with any XFORCE product shall prevail to the extent of any inconsistency and conflict.
XFORCE products are for race/off-road use only and should not be used for road/street use unless otherwise advised by XFORCE. For some late model cars, the check engine light (CEL) may be on after installation of after-market dump-pipe, headers and hi-flow racing cats due to the change of exhaust conditions. ECU tuning is recommended, please consult with a professional performance tuning specialist regarding this matter.
In describing the products available to purchase through our stockists, XFORCE attempts to be as accurate as possible. However, XFORCE does not warrant that product descriptions or other content of XFORCE services are accurate, complete, reliable, current or error-free. If a product offered by XFORCE itself is not as described, your sole remedy is to return it in unused condition and in its original packaging.
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The app may contain links and third party advertisements which contain embedded hyperlinks to websites or apps operated by third parties. Such links are provided for convenience only and XFORCE is not responsible for the content and maintenance of or privacy compliance in relation to any linked app. The placement of third party advertisements on this app does not necessarily constitute the recommendation or endorsement of XFORCE for such goods or services, nor does XFORCE make any representations or warranties as to the accuracy, completeness, performance or timeliness of any aspect of information contained in those third party internet sites. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties. If you use or rely upon third party content, you do so solely at your own risks.
Third parties may intercept or modify transmissions to and from this app and it is possible that computer viruses or other defects may be contained in files obtained from or through this app. XFORCE is not liable for any damage that may be a result of your use of this app or of any linked app. By accessing our app, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by this app or by any third party content or third party apps.
We may collect personal and other information through this app. Our use of your information is regulated by the Privacy Act 1988 (Cth) and other relevant legislation as per our Privacy Policy. Our Privacy Policy governs how we use personal information supplied to us. Click this link for our Privacy Policy: http://www.xforce.com.au/privacy-policy
All material on this app, including the text, information, graphics, logos, design, layout, downloads, pricing, products and services (Content) is owed by or licensed to XFORCE and is subject to copyright. Any use of our app and its Content for purposes other than personal and non-commercial use, or for any other use, including the modification, reproduction, distribution, sale, transmission, republication, display or performance, of the content of this app, is prohibited without the prior written permission of XFORCE.
Ausfeng Pty Ltd is the owner or authorised user of all intellectual property including but not limited to the XFORCE trademark, the Varex trademarks, logos, names, softwares and designs, whether registered or unregistered, and other marks and patents that are otherwise owned or licensed to XFORCE in and associated with this app (collectively "intellectual property"), and any improvements or modifications to such intellectual property. All XFORCE's innovations are protected by patents and design registrations pending and granted. The use or misuse of any of XFORCE's intellectual property is prohibited without the prior written permission of XFORCE, Unit 2, 91 Ashford Avenue, Milperra NSW 2214, Australia.
Nothing contained in this app should be construed as giving you any right in or license to any of the intellectual property or copyright on or associated with this app.
Trademarks are used on this app to describe third parties and their products. They are the trademarks of those parties.
This app may be accessed in Australia and throughout the world. XFORCE makes no offer in or by this app to sell any product or service in any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.
XFORCE reserves the right to cease, interrupt or withdraw your access to the app for any reason, including without limitation, for upgrades and maintenance of the app.
To the full extent permitted by law (including the Australia Consumer Law):
You agree to indemnify and keep indemnified XFORCE in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which XFORCE may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to your use of the app (or any part of it) or the violation of these Terms of Service by you, or the infringement by you, of any intellectual property, copyright or other right of any person or entity.
In this paragraph, 'XFORCE' includes its directors, officers, employees, agents, contractors, franchisees, successors or assigns.
The use of this site is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. By using this app, you agree that the Courts of New South Wales, Australia will deal with any disputes which may arise through its use.
If any part of these terms is found to be invalid or unenforceable, it shall be removed without affecting the remainder.
No waiver of any of these terms or failure to exercise a right or remedy by XFORCE will be considered to imply or constitute a further waiver by XFORCE of the same or any other term, condition, right or remedy.
If you have any queries regarding these Terms of Service, please contact us at inquiry@xforce.com.au.