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Terms and Conditions

Forceelementperformance.com.au (“the Website”) is owned and operated by Force Element Performance Pty. Ltd. . Materials on the Website are primarily owned by Force Element Performance Pty. Ltd. . The Website also includes materials owned by third parties, to which credit has been attributed via our Trademark Legend. Force Element Performance Pty. Ltd. has created the Website for your personal enjoyment, entertainment and education. However, you are only authorized to access the Website or to use the materials contained in the Website (irrespective of whether your access or use is intentional) if you agree to abide by all applicable laws, and to these Conditions of Use and Privacy Policy which constitute an agreement between you and Force Element Performance Pty. Ltd. (“the Agreement”). Please read these Conditions of Use carefully and save them. If you do not agree with them, you should leave the Website immediately. Any questions or comments regarding, or problems with, the Website should be sent to us.

Force Element Performance Pty. Ltd. reserves the right to modify or amend the Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.

If you become aware of misuse of the Website by any person, please contact us.

If unsolicited submissions are sent to Force Element Performance Pty. Ltd. via the Website, these submissions become the property of Force Element Performance Pty. Ltd. and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Force Element Performance Pty. Ltd. sees fit. You agree to grant Force Element Performance Pty. Ltd. a worldwide, royalty-free, perpetual license, with the right to reproduce, transmit, distribute, publicly display, publicly perform, create derivative works of and sublicense any materials or other information contained in such submissions. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Force Element Performance Pty. Ltd., its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality. You also waive any claim, cause of action or other recourse that you might have against Force Element Performance Pty. Ltd. for any alleged or actual infringement or misappropriation of any intellectual property or other right in any such submissions.

Force Element Performance Pty. Ltd. is not responsible for monitoring, screening, policing or editing the information posted or materials on, submitted to or transmitted through the Website. Force Element Performance Pty. Ltd. does not and cannot monitor all information or materials posted on, submitted to or transmitted through the Website. However, Force Element Performance Pty. Ltd. reserves the right to delete, block and remove any information or materials that Force Element Performance Pty. Ltd., in its sole discretion, deems to be unlawful, infringing, defamatory, libelous, abusive, threatening, obscene, offensive, fraudulent, deceptive, inappropriate or otherwise unacceptable to Force Element Performance Pty. Ltd.. If notified of any such information or materials on the Website Force Element Performance Pty. Ltd. may determine in its sole discretion whether to remove such content from the Website.

You agree to maintain the security of your account on the Website, including the security of your password and other confidential information relating to the use of the Website and your account on the Website. You agree to be responsible for all charges resulting from the use of your account on the Website, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Force Element Performance Pty. Ltd..

If you are interested in creating hypertext links to the Website, you must contact Force Element Performance Pty. Ltd. before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the website or Force Element Performance Pty. Ltd., including its respective employees, agents, directors, officers and shareholders.

Website Orders

Force Element Performance Pty. Ltd. accepts the following methods of payment for orders placed on the Website:

PayPal, Credit Card, Afterpay, LayBuy, humm

Force Element Performance Pty. Ltd. will not send any order until payment for that product has been received in full. Force Element Performance Pty. Ltd. will endeavour to send all orders within one business day of payment being received in full.

Force Element Performance Pty. Ltd. assumes no responsibility for any Customs restrictions, tariffs, or other regulations that may apply in countries outside of Australia. If the customer has any Customs related questions, Force Element Performance Pty. Ltd. encourages the customer to speak with their country’s Customs office, although Force Element Performance Pty. Ltd. will ship any products the customer orders to the address that the customer provides.

Force Element Performance Pty. Ltd. will accept returns if a product is faulty or is significantly different to what is described in the item description, or if the customer has selected the wrong size (for products that have a size variation option).

Legal

The Website, and all materials in the Website, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that Force Element Performance Pty. Ltd. does not warrant that the Website is fit for any particular purpose; that the functions contained in the materials in the Website will be uninterrupted; that defects will be corrected; that the Website is free of viruses and other harmful components or that the Website is accurate, error free or reliable. You acknowledge that Force Element Performance Pty. Ltd., its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, is not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

Force Element Performance Pty. Ltd. and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the Website, including without limitation any liability (i) as a publisher of information, (ii) as a reseller of any products or services, (iii) for any defective products, (iv) for any incorrect or inaccurate information, (v) for any unauthorized access to or disclosure of your transmissions or data, (vi) for statements or conduct of any third party on the Website, or (vii) for any other matter relating to the Website or any linked website. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Force Element Performance Pty. Ltd. and the user. The products, information and services offered on and through the Website would not be provided without such limitations. Because the laws of some countries may not allow for the exclusion of certain damages, in such countries liability is limited to the fullest extent permitted by law.

You agree to defend, indemnify and hold harmless Force Element Performance Pty. Ltd. , its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of the Website; your failure to use the Website; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement is governed by, and construed in accordance with, the laws of Queensland, Australia, without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia, for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Website, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

In the event a dispute arises between you and Force Element Performance Pty. Ltd., our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Force Element Performance Pty. Ltd. agree that any claim or controversy at law or equity that arises out of this Agreement or our services ('Claim') shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, it is strongly encouraged that you first contact Force Element Performance Pty. Ltd. directly to seek a resolution and Force Element Performance Pty. Ltd. will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

You should not use the information on the Website for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should always speak with your physician or other healthcare professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before taking any medication or nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such a product.

The failure of Force Element Performance Pty. Ltd. or its affiliates to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the website or this Agreement must be filed within 6 months after such claim or cause of action arose or will be forever barred. All disclaimers and limitation of liabilities included in this Agreement are for the benefit of Force Element Performance Pty. Ltd. and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

© 2018 Force Element Performance Pty. Ltd.. All trademarks are owned by Force Element Performance Pty. Ltd. and/or its suppliers & product manufacturers. All trademarks are attributed to their respective owner in our Trademark Legend. All rights are reserved. All materials (including but not limited to images and text-based content) contained in the Website are protected by copyright and trademark under Australian and International law and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reasonable portions of this website may be printed out solely insofar as is necessary to order products and/or services from Force Element Performance Pty. Ltd..

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