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This website 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 website 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 website.
By using this website, 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 website.
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 website.
While XFORCE aims to ensure that the information in this website is correct, sometimes errors do occur.
The information on this website is for information purposes only. While XFORCE has used its best endeavours to ensure that the information contained on and accessed through the website is correct and current at the time of publication, the website 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 website. 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 website, you warrant that:
While using this website, you will not:
If you believe that a user has breached any of the above conditions, please contact us.
NON-COMMERCIAL USE ONLY
You may only use this website 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 website 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 website 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 website 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.
All references to $ and dollars on this website are to the US dollar currency.
All prices are exclusive of taxes.
The prices on this website refer to XFORCE’s manufacturer suggested retail price (MSRP), and the actual price of products may vary between our stockists.
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.
The colours of our products represented on this website are as accurate and close to the actual colour of the products sold by us. However, the actual colour of the product may differ from the website as the depiction of colour is dependent on lighting and the qualities of your online device. The variation between the two may be unavoidable.
Some products displayed on this website may be unavailable, out of stock or only offered for a limited time only at our stockists. We make no representation as to the continued availability of any XFORCE product.
The website may contain links and third party advertisements which contain embedded hyperlinks to websites 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 website. The placement of third party advertisements on this website 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 website and it is possible that computer viruses or other defects may be contained in files obtained from or through this website. XFORCE is not liable for any damage that may be a result of your use of this website or of any linked website. By accessing our website, 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 website or by any third party content or third party websites.
We collect personal and other information through this website. 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.
All material on this website, 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 website 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 website, is prohibited without the prior written permission of XFORCE.
XFORCE is the owner or authorised user of all intellectual property including but not limited to the VAREX ® Exhaust System, SMART BOX ® ,trade marks, logos, names, softwares and designs, whether registered or unregistered, and other marks that are otherwise owned or licensed to XFORCE in and associated with this website (collectively “intellectual property”), and any improvements or modifications to such intellectual property and is protected by Australian and International copyright laws. 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 website should be construed as giving you any right in or license to any of the intellectual property or copyright on or associated with this website. You may not reproduce, publish, transmit, modify, create derivative works from, sell or exploit in any way or Link any of the contents in this website. Unauthorized use or copying (including electronic copying or downloading) of this website and or any contents contained in this website without the express written consent of XFORCE is expressly prohibited by law and may result in civil and criminal penalties and liabilities.
Other trademarks not owned by XFORCE may appear on this website to describe third parties and their products and are the trademarks of their respective owners. XFORCE makes no representation that it is affiliated with, connected to or sponsored in any way by these third parties.
This website may be accessed in Australia and throughout the world. XFORCE makes no offer in or by this website 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.
OUTAGES
XFORCE reserves the right to cease, interrupt or withdraw your access to the website for any reason, including without limitation, for upgrades and maintenance of the site.
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 website (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 website, 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 [email protected].