Terms & Conditions: DVX Performance App

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DVX Services – Terms of Use

 

Welcome!

Welcome to DVX. The DVX website and the DVX App provide features and other products and services to you when you visit or shop at the DVX website or on site, use our DVX App, DVX products or services (collectively, “DVX Services”). DVX provides the DVX Services subject to the following terms.

DVX contact details

DVX Performance BVBA

Hoeikensstraat 5 unit 11
2830 Willebroek
BE0845609871

0032 (0)3 866 32 35

By using DVX Services, you agree to these terms.

We offer a wide range of DVX Services. Sometimes additional terms, agreements or policies may apply. When you use a DVX Service, you will be subject to the terms policies and agreements applicable to that DVX Service.

Privacy and data protection

DVX is strongly committed to protecting personal data. When collecting and using personal data, our policy is to be transparent about why and how we process personal data. Please review our PRIVACY NOTICE DVX APP (see below) which also governs your use of DVX Services, to understand our data protection and privacy practices and your rights as data subject.

Electronic communication

When you use DVX Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other DVX Services.

License and access to DVX Services

Subject to your compliance with these Terms of Use, DVX or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the DVX Services. This license does not include any resale or commercial use of any DVX Service, or its contents. You may not use texts or hidden text utilizing DVX’s name or trademarks without the express written consent of DVX. You may not misuse the DVX Services. You may use the DVX Services only as permitted by law. The licenses granted by DVX terminate if you do not comply with these Terms of Use or any DVX Agreement or DVX Policy.

Your account

You may need your own DVX account to use certain DVX Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. DVX reserves the right to refuse service, terminate accounts, terminate your rights to use DVX Services, remove or edit content, or cancel orders in its sole discretion.

Your comments, communications and other content

You may post reviews, comments, photos, videos, other content and communications, and you may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. DVX reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, DVX has the right but not the obligation to monitor and edit or remove any activity or content. DVX takes no responsibility and assumes no liability for any content posted by you or any third party.

Product description and Pricing

Product description

DVX attempts to be as accurate as possible. However, DVX does not warrant that product descriptions or other content of any DVX Service is accurate, complete, reliable, current, or error-free. If a product offered by DVX itself is not as described, your sole remedy is to return it in unused condition.

Pricing

With respect to items sold by DVX, we cannot confirm the price of an item until you order. If the correct price of an item sold by DVX is higher than our stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

Control your app permissions

When you use the DVX App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. You can view your permissions in apps by following these instructions:

  • For most Android devices: (i) open the main settings, (ii) select apps or application manager, (iii) select the DVX App, (iv) scroll to permissions to see the features the app has permission to use.
  • For most iOS devices: (i) open the iOS settings, (ii) select the DVX app to see the features the DVX app has permission to use.
  • For most Windows devices: (i) on the start screen, click store to open the Windows Store, (ii) search or browse for the DVX app, and click on it, (iv) scroll to the details section of the DVX App’s description page to see the features the DVX App has permission to use.

‘DVX Software and/or App Terms’

The following terms (“DVX Software and/or App Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with DVX Services (the “DVX Software and/or App”). 

Use of the DVX Software and/or App. 

You may use DVX Software and/or App solely for purposes of enabling you to use the DVX Services as provided by DVX, and as permitted by these Terms of Use and any DVX policy. You may not incorporate any portion of the DVX Software and/or App into other programs or compile any portion of it in combination with other programs, or otherwise copy, modify, create derivative works of, distribute, assign any rights to, or license the DVX Software and/or App in whole or in part. All software used in any DVX Service is the property of DVX or its software suppliers and is protected by international copyright laws.

 

Use of Third Party Services. 

When you use the DVX Software and/or App, you may also be using the services of one or more third parties, such as a mobile software provider. Your use of these third party services may be subject to these third parties separate policies, terms of use, and fees.

 

No Reverse Engineering. 

You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the DVX Software and/or App, whether in whole or in part.

 

Updates. 

We may offer automatic or manual updates to the DVX Software and/or App at any time and without notice to you.

 

Disclaimer

The DVX Services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the DVX Services are provided by DVX on an “as is” and “as available” basis, unless otherwise specified in writing. DVX makes no representations or warranties of any kind, express or implied, as to the operation of the DVX Services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the DVX Services, unless otherwise specified in writing. You expressly agree that your use of the DVX Services is at your sole risk.

DVX does not warrant that the DVX Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the DVX Services, DVX’s servers or electronic communications sent from DVX are free of viruses or other harmful components. To the full extent permissible by law, DVX will not be liable for any damages of any kind arising from the use of any DVX Service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any DVX Service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Applicable law

By using any DVX Service, you agree that Belgian law will govern these Terms of Use and any dispute of any sort that might arise between you and DVX.

At your simple request, you will be provide with a copy of these terms in Dutch and French. The English text will prevail.

Competence of the courts

Any dispute or claim relating in any way to your use of any DVX Service, or to any products or services sold or distributed by DVX or through DVX, is decided by exclusion by the competent court in Antwerp

Terms, Policies and modifications/updates

Please review our other policies, such as our privacy policy posted on this site. These policies also govern your use of DVX Services. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

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Privacy Notice DVX App

 

Why and how do we processes your personal data?

 

The personal data that you share with us, can be used for the following purposes: allow existing clients to receive price reductions by referring new clients to DVX. The new clients will receive also a price reduction on showing their scanned QR code to DVX.

If you have any questions about this privacy notice or how and why we process personal data, please contact us at: DVX through mail:info@dvxperformance.be or by phone: 0032 (0)3 866 32 35

On what legal ground?

Your personal data will be processed upon your consent, according to art. 6.1.a) GDPR. You have the right to withdraw your consent at any time. You can easily withdraw your consent during by sending an email to info@dvxperformance.be or by uninstalling the DVX app.

The withdrawal of your consent shall not affect the lawfulness of processing based on consent before its withdrawal.

What information do we collect from you?

Identification and communication data: In order to identify you, we need to process information like your name and surname, private and/or business email address, home address, language, your DVX client history, your customer unique ID, [saldo].

For new clients, we collect their device ID, Unique QR code, Unique QR code – status, Unique QR code – validity date, and your client reduction amount.

Who might we share your information with?

DVX does not sell or otherwise disclose your personal data to third parties for the purpose of allowing them to market their products and services to you. Under no circumstances will the information held about you be given to third parties for their marketing purposes.

We use third parties to support us in providing our services and to help provide, run and manage our internal IT systems. For example, providers of information technology, cloud based software as a service providers, identity management, website hosting and management, data analysis, data back-up, security and storage services. The servers powering and facilitating that cloud infrastructure are located in secure data centres.

How long do we keep your personal data?

DVX processes the data for the duration of the client relationship with you. The data processed is erased 5 years after the end of your client relationship with DVX.

What are your rights?

You have the following rights towards DVX:

  • The right of access to and rectification of your personal data processed in relation to this processing activity by DVX;
  • The right to erase (right to be forgotten);
  • The right to restrict data processed by DVX to the extent this request is compatible with the purposes of processing;
  • The right to lodge a complaint with the data protection authority: https://www.gegevensbeschermingsautoriteit.be .
  • The right to object to the processing of your personal data.
  • The right to withdraw your consent at any time

 

If you want to exercise one of your rights, or if you have any questions about your rights, the processing of your personal data or other questions regarding personal data, please contact DVX at info@dvxperformance.be.

 

If the purposes for processing change or this notice is modified, DVX will provide you prior notice.