Terms of Use

Welcome to the digital presence of XAG Australia, a trading designation of Revolution AG PTY LTD (ABN 56 614 943 118) ("XAG Australia", "we", "us", "our"). As an authorised Australian supplier of Unmanned Aerial Vehicles (UAVs or "drones"), drone components, and a range of other high-technology products, we extend our services to include Drone Repair, After Sales Support, and Drone Aerial Application Services.

The terms and conditions ("Terms") delineated herein govern your interaction with and use of our website, including all associated sites linked to www.xag-au.com by XAG Australia (collectively, the "Site"). By accessing the Site or availing any of the services provided to you through the Site, you acknowledge that you have read, comprehended, and consent to be bound by these Terms and the XAG Australia Privacy Policy (available at https://www.xag-au.com/privacy-policy).

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Service.

These Terms constitute a legally binding agreement between XAG Australia and you, the "Purchaser", "Customer", or "Buyer", and govern your procurement of products, request for Drone Repair, After Sales Support, and Drone Aerial Application Services. By purchasing products and/or requesting any of our services, you affirm your understanding of, and agreement to be bound by, these Terms.

These Terms stipulate that all disputes between you and XAG Australia will be resolved by BINDING ARBITRATION. YOU HEREBY WAIVE YOUR RIGHT TO LITIGATE IN COURT to assert or defend your rights under these Terms, with the exception of matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT a judge or jury, and your claims cannot be brought as a class action.

1. ELIGIBILITY

Access to the Site is granted only to those who have attained at least 16 years of age. By assenting to these Terms, you hereby represent and warrant to us that: (a) you have reached the age of 16 or above; (b) your access to the Site has never been previously suspended or removed; and (c) your use of the Site is in strict compliance with all pertinent laws and regulations.

In instances where the Site is being accessed on behalf of a legal entity, organization, or company, you represent and warrant that you possess the requisite authority to bind such organization to these Terms. Furthermore, you agree to be bound by these Terms on behalf of the said organization.

2. ACCOUNTS AND REGISTRATION

To avail certain features of the Site, it may be necessary for you to register for an XAG Australia account. During this registration process, you will be obliged to provide us with specific personal information, including, but not limited to, your email address or other contact details. You hereby represent and warrant that all information you provide to us is not only accurate but also current, and you undertake to ensure the accuracy and currency of this information at all times.

Upon successful registration, you will be prompted to generate a password. The onus of maintaining the confidentiality of your XAG Australia account and the associated password rests solely with you. Furthermore, you accept full responsibility for all activities that occur under your XAG Australia account.

3. USING THE SITE

By accessing and utilising the Site, and by assenting to these Terms, you hereby represent and warrant that your use of the Site adheres and will continue to adhere to all applicable laws, statutes, and regulations. You further affirm that you will refrain from using the Site except as expressly permitted under these Terms.

XAG Australia reserves the unassailable right to review, remove, or disable access to User Content that is found to be in violation of the applicable laws and regulations. We also encourage and welcome users to report any User Content that they believe to be in violation of applicable laws or regulations.

4. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

The information pertaining to our Products, as displayed on our website, is predominantly sourced from third-party entities. While we endeavour to maintain the accuracy and currency of the content on our website, we cannot guarantee the reliability, correctness, or up-to-date nature of any information that originates from third-party sources.

We expressly disclaim any liability if the information made available on this site is not accurate, complete, or current. The material on this site is provided strictly for general informational purposes and should not be relied upon or used as the exclusive basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is strictly at your own risk.

5. PURCHASE AND ORDERS

The procurement of goods or services, as well as specific sections of the Site, may be subject to additional terms and conditions. All such additional terms are incorporated into these Terms by reference. By agreeing to these Terms, you commit to abide by all such other terms and conditions, including affirmations of possessing the legal age to use certain portions of the Site or services. In the event of any conflicts between these Terms and terms specific to a section of the Site or specific services offered by the Site, the latter terms will prevail with respect to your use of that section of the Site or those particular services.

5.1. Orders for Products can be placed by following the instructions provided on our website.

5.2. Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by us and a Purchase Contract formed, the price of the Product cannot be varied except by written agreement between you and us.

5.3. We reserve the right to decline to sell Products to you and may cancel your order at any time prior to dispatch of the Products.

5.4. Any order for the Products must be paid for in full prior to delivery. We do not accept any responsibility for orders that are declined, delayed or not accepted due to disruptions with internet connections.

5.5. Your purchase of the Products is final, and we will not refund the purchase price in circumstances where you have changed your mind or otherwise no longer wish to proceed with the transaction.

5.6. At our absolute discretion, we may provide you with a store credit to the value of your purchase in the event that you wish to exchange any Product purchased by you for another Product or Products in our store. We will provide such a credit only in circumstances where the Product and its packaging are returned complete and undamaged, that is in original condition, to us by you.

5.7. You can place an Order by following the instructions on the relevant Website. An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order. We may accept or reject your offer in our absolute discretion.

5.8. Each Order that you place will, if accepted by us, be a separate and binding agreement between you and us with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

5.9. Please ensure that you enter all information carefully when placing an Order. You warrant to us that all information provided by you in relation to each Order is complete, true and accurate.

5.10. Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by us. We will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.

5.11. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

6. AVAILABILITY OF GOODS & REFURBISHED STOCK

6.1. XAG Australia, being dependent on its suppliers for stock, cannot guarantee perpetual availability. You acknowledge and agree that certain Goods may, from time to time, be out of stock or unavailable. XAG Australia reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), XAG Australia will not be liable to you, or any other person, for any loss, damage, cost, or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

6.2. Goods that are displayed on the Website as "Refurbished Stock" are Goods which may have a cosmetic blemish or imperfection such as a scratch, dent, or rub mark, have had a fault that has now been repaired by the manufacturer, or are ex-display models. All Refurbished Stock is in perfect working order and comes with the standard manufacturer's warranty in addition to any statutory rights which apply.

7. DELAY IN AVAILABILITY, PRE-ORDER OR DELIVERY OF GOODS

By using our services, you acknowledge and agree to the following:

7.1. XAG Australia does not guarantee the dispatch, availability, or delivery of Goods within the timeframe advertised, the Selected Delivery Option for your Order, or any other timeframes otherwise specified by XAG Australia or any of its staff.

7.2. Factors beyond XAG Australia's control, including but not limited to stock availability, adverse weather conditions, traffic conditions, and governmental action, may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in-store.

7.3. Delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter, and public holidays.

7.4. Except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither XAG Australia nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in-store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

8. CANCELLATION OR ORDERS

8.1. XAG Australia's Discretionary Cancellation:

XAG Australia reserves the unqualified right to cancel an order at any juncture prior to delivery for any reason. This may transpire under circumstances including, but not limited to:

A. The inability of XAG Australia's suppliers to fulfil their commitment to supply goods.

B. The occurrence of an event beyond the reasonable control of XAG Australia, such as a natural disaster, act of terrorism, power failure, war, industrial action, pandemic, governmental action, or failure of computer systems, which impedes XAG Australia's capacity to supply the goods within a reasonable timeframe.

C. The presence of an error on the website pertaining to the ordered goods, such as an incorrect description, price, or image, which was not identified prior to the acceptance of the order.

8.2. Customer's Right to Cancel:

Customers reserve the right to cancel their order under the following conditions:

A. XAG Australia has breached a material term of this agreement.

B. XAG Australia is unable to deliver the order within a reasonable timeframe from the estimated delivery time listed on the website for the selected delivery option, excluding delays attributable to the customer or those beyond XAG Australia's control.

8.3. Cancellation Notification:

In the event of an order cancellation by XAG Australia subsequent to its acceptance, an email notification will be dispatched to the customer.

8.4. Refunds:

In the scenario where an order is cancelled post the processing of payment, XAG Australia commits to refunding any money transacted in respect of that order. Further details regarding refunds are outlined in Section 14 of these terms and conditions.

8.5. Limitation of Liability:

Except to the extent otherwise mandated by law (including, without limitation, the Australian Consumer Law) or as explicitly set out in these terms and conditions, XAG Australia shall not be held liable for any loss, damage, cost or expense incurred as a direct or indirect consequence of the cancellation of your order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

9. PROHIBITED CONDUCT

In accessing and utilizing the Site, you are expressly agreeing not to:

9.1. Employ the Site for any purposes that are illegal or in violation of any local, state, national, or international laws and regulations.

9.2. Engage in activities that may be detrimental to others or that could potentially tarnish the reputation of XAG Australia.

9.3. Infringe upon, or encourage others to infringe upon, any rights of a third party, including but not limited to the infringement or misappropriation of any third-party intellectual property rights or the violation of any third party’s right to privacy.

9.4. Interfere with the Site's security-related features, which includes: (a) disabling or circumventing features that prevent or limit the use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Site, except to the extent that such activity is expressly permitted by applicable law.

9.5. Disrupt the operation of the Site or any user’s enjoyment of the Site, which includes: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Site; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Site, or violating any regulation, policy, or procedure of any such network, equipment, or server;

9.6. Engage in any fraudulent activity in connection with your access to the Site, including but not limited to impersonating any person or entity, claiming a false affiliation, accessing any other XAG Australia account without permission, or falsifying your age or date of birth.

9.7. Sell or otherwise transfer the access granted under these Terms or any right or ability to view, access, or use any Materials.

9.8. Bypass any security or other features of the Site designed to control the manner in which the Site is used, harvest or mine User Content from the Site, or otherwise access the Site in a manner inconsistent with individual human usage.

9.9. Use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract data.

9.10. Use, display, mirror, frame or utilize framing techniques to enclose the Site or User Content, or any portion thereof, unless and solely to the extent XAG Australia makes available the means for embedding any part of the Site or the User Content.

9.11. Access, tamper with, or use non-public areas of the Site, XAG Australia’s (and any of its hosting company’s) computer systems and infrastructure, or the technical delivery systems of XAG Australia’s providers.

9.12. Access the Site in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party.

9.13. Sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Material.

9.14. Attempt to perform any of the acts described in this Section 9 or assist or permit any person in engaging in any of the acts described in this Section 9.

10. TERMINATION OF USE; DISCONTINUATION AND MODIFICATION OF THE SITE

Should you violate any provision of these Terms, your authorization to access the Site will be automatically rescinded. Additionally, XAG Australia reserves the right, at its sole discretion, to terminate your account or suspend or terminate your access to the Site at any time, for any reason, with or without prior notice.

We also retain the right to modify or discontinue the Site or any of its features at any time, on a temporary or permanent basis, without obligation to provide prior notice. We bear no liability for any changes to the Site or any suspension or termination of your access to the Site.

In the event of any termination or suspension of your account or the Site, you acknowledge and agree that you may not have access to any data or content posted to the Site or otherwise contained within the Site, and XAG Australia is under no obligation to provide you with access to such data or content.

You may terminate your account at any time by contacting our customer service team at the provided contact information.

Email: accounts@xag-au.com

11. PRIVACY POLICY

We urge you to meticulously review the XAG Australia Privacy Policy, accessible at https://www.xag-au.com/privacy-policy, for details pertaining to our collection, usage, storage, and disclosure of your personal information. The XAG Australia Privacy Policy is incorporated by this reference into, and forms an integral part of, these Terms.

The Privacy Policy outlines our practices regarding the collection and use of information related to your access and use of our services. It addresses matters including but not limited to the types of information we may collect about you, the purposes for which we use such information, the circumstances under which we may disclose such information to third parties, the measures we take to secure the confidentiality of such information, your rights and options regarding your information, and other aspects of our privacy practices.

Please note that the Privacy Policy is subject to change from time to time, and we encourage you to review it periodically to ensure you are aware of our current practices with respect to the information we collect, use, and disclose. Your continued use of our services following any changes to the Privacy Policy constitutes your acceptance of such changes.

12. MODIFICATION OF THESE TERMS

XAG Australia, at its sole discretion, reserves the unqualified right to modify these Terms at any given time. We strongly recommend that you periodically review these Terms to stay informed about any potential changes. The revised version of these Terms of Use will take effect immediately upon its official publication on our website.

In the event of substantial modifications to these Terms of Use, we will endeavor to provide you with reasonable notice prior to the changes becoming operative. This may be facilitated through an announcement on our website or via an email notification.

Your continued access to or utilization of the Site subsequent to the posting of the revised Terms of Use constitutes your unequivocal acceptance of such modifications. If you find yourself in disagreement with the revised Terms of Use, we kindly request that you discontinue accessing or using the Site with immediate effect.

Please note that any disputes arising under these Terms of Use will be resolved in accordance with the version of the Terms of Use that was in force at the time the dispute materialized.

13. OWNERSHIP; PROPRIETARY RIGHTS

The Website is the exclusive property of and is operated by Revolution AG PTY LTD T/AS XAG Australia. All visual interfaces, graphics, designs, compilations, information, data, computer codes (including both source code and object code), products, software, services, and all other elements of the Website ("Materials") provided by XAG Australia are safeguarded by intellectual property rights and other applicable laws. All Materials incorporated on the Website are the property of XAG Australia or its third-party licensors. Except as explicitly permitted by XAG Australia, you are prohibited from using the Materials. XAG Australia retains all rights to the Materials not expressly granted within these Terms of Use.

14. FEEDBACK

Should you decide to offer insights or suggestions relating to issues with, or proposed modifications or enhancements to, the Website or any of the services or products made available by XAG Australia (“Feedback”), you hereby grant XAG Australia an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to utilise such Feedback in any way and for any purpose. This includes the right to use the Feedback without any obligation to compensate you or make any payments to you for such utilisation.

15. INDEMNITY

You are accountable for your access to and use of the Website. You agree to defend, indemnify, and hold harmless Revolution AG PTY LTD T/AS XAG Australia, its directors, officers, employees, consultants, affiliates, subsidiaries, and agents (collectively, the "XAG Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, resulting from or in any way related to:

A. your access to, use of, or alleged use of, the Website.

B. your breach of any part of these Terms of Use, any representation, warranty, or agreement referenced in these Terms of Use, or any applicable law or regulation.

C. your infringement of any third-party rights, including any intellectual property rights or privacy, publicity, other property, or confidentiality rights; or

D. any dispute or issue between you and any third party. XAG Australia reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification responsibilities with respect to that matter), and in that case, you agree to cooperate with our defence of such claim.

16. DISCLAIMERS; NO WARRANTIES.

THE WEBSITE, INCLUDING ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE WEBSITE, IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE XAG ENTITIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, PERTAINING TO THE WEBSITE AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE WEBSITE. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AS WELL AS ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

THE XAG ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE OR ANY PART OF IT, OR ANY MATERIALS OR USER CONTENT OFFERED THROUGH THE WEBSITE, WILL OPERATE UNINTERRUPTED, BE COMPLETELY SECURE, OR BE FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. FURTHER, THE XAG ENTITIES DO NOT WARRANT THAT ANY OF SUCH ISSUES, SHOULD THEY OCCUR, WILL BE RECTIFIED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE, OR ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE WEBSITE, WILL CREATE ANY WARRANTY REGARDING ANY OF THE XAG ENTITIES OR THE WEBSITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE WEBSITE, YOUR DEALING WITH ANY OTHER WEBSITE USER, AND ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE WEBSITE.

YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE WEBSITE, AND ANY ASSOCIATED SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY OR THIRD-PARTY PROPERTY, OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE.

NOTWITHSTANDING THE ABOVE, XAG AUSTRALIA DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT XAG AUSTRALIA IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

17. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL THE XAG ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE, OR ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE WEBSITE, REGARDLESS OF WHETHER THESE DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND EVEN IF ANY XAG ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE AGGREGATE LIABILITY OF THE XAG ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE WEBSITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.

PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THEREFORE, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

18. GOVERNING LAW

These Terms of Use are governed by the laws of New South Wales, Australia, without regard to its conflict of law principles. In the event of a lawsuit or court proceeding arising under these Terms, both you and XAG Australia agree to submit to the personal and exclusive jurisdiction of the courts located within New South Wales, Australia for the purpose of litigating any dispute. XAG Australia makes no representation that the Website or any Materials included on the Website are appropriate or available for use in your location.

19. GENERAL

You acknowledge that the Website should be considered a passive digital platform that does not give rise to personal jurisdiction over XAG Australia, either specific or general, in jurisdictions other than New South Wales, Australia. These Terms of Use, along with any other agreements expressly incorporated by reference into these Terms, represent the entire and exclusive understanding and agreement between you and XAG Australia regarding your access to the Website. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms.

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.

The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself.

The use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

Upon termination of these Terms, all sections, along with the Privacy Policy and any other accompanying agreements, will survive.

20. DISPUTE RESOLUTION AND ARBITRATION

20.1 General Provisions

For the expeditious and economical resolution of disputes arising from or relating to these Terms, you and XAG Australia concur that all such disputes shall be resolved via binding arbitration. Arbitration, a more streamlined procedure than court litigation, involves adjudication by a neutral arbitrator as opposed to a judge or jury and may permit more limited discovery. Furthermore, the review by courts of arbitration awards is generally restricted. Arbitrators are vested with the power to grant the same damages and forms of relief that a court can bestow. This agreement to arbitrate applies to all claims stemming from or related to any aspect of these Terms, irrespective of whether such claims are founded in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether such a claim emerges during or subsequent to the termination of these Terms. By your acquiescence to these Terms, you comprehend and consent, along with XAG Australia, to the waiver of the right to a jury trial or to participate in a class action.

20.2 Exemptions

Notwithstanding the provisions set forth in Section 20.1, nothing in these Terms shall be interpreted as relinquishing, obstructing, or otherwise limiting the right of either party to: (a) initiate an individual action in a small claims court; (b) pursue an enforcement action through a relevant federal, state, or local agency, if such an action is permissible; (c) seek injunctive relief in a court of law; or (d) institute a legal suit in a court of law to address an intellectual property infringement claim.

20.3 Arbitration Management

Arbitration between you and XAG Australia shall be administered under the purview of the Australian Centre for International Commercial Arbitration ("ACICA") and shall be conducted in accordance with its Arbitration Rules, as tailored by these Terms. Information regarding the ACICA Arbitration Rules and relevant filing forms can be procured online at www.acica.org.au or by contacting XAG Australia.

20.4 Notification Procedure and Process

Any party intending to seek arbitration must initially forward a written notice of the dispute to the other party via certified mail or express courier (requiring a signature), or via electronic mail if the other party has not provided a current physical address (“Notice”). Such Notice must elucidate the nature and foundation of the claim or dispute and articulate the specific relief sought (“Demand”). While the parties shall make earnest efforts to resolve the claim directly, in the event of non-resolution within 30 days post receipt of the Notice, either you or XAG Australia may initiate an arbitration proceeding. Any settlement offer made by either party during the arbitration process must remain undisclosed to the arbitrator until a final decision and award, if any, is rendered. If the dispute is conclusively resolved in your favor through arbitration, XAG Australia shall remunerate you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount tendered by XAG Australia prior to the arbitrator’s award; or (iii) $1,000.

20.5 Prohibition of Class Actions

YOU AND XAG AUSTRALIA CONCUR THAT ALL CLAIMS SHALL BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless you and XAG Australia mutually agree otherwise, the arbitrator shall not consolidate the claims of more than one individual and shall not preside over any form of a representative or class proceeding.

20.6 Amendments to This Arbitration Provision

Should XAG Australia make any future amendments to this arbitration provision, barring a change to XAG Australia's address for Notice, you may reject the modification by dispatching a written notice to XAG Australia within 30 days of the amendment, in which case your account with XAG Australia shall be terminated forthwith and this arbitration provision, in the form immediately prior to the rejected changes, shall endure.

20.7 Enforceability

If Section 20.5 is adjudicated as unenforceable, or if this entire Section 20 is found to be unenforceable, then the entirety of this Section 20 (with the exception of Section 20.5 in the latter case) shall be null and void. In such a circumstance, the parties concur that the exclusive jurisdiction and venue described in Section 18 shall preside over any action arising out of or related to these Terms.

21. CONSENT TO ELECTRONIC COMMUNICATIONS

By accessing our Site, you provide your consent to receive specific electronic communications from us, as further detailed in our Privacy Policy. We invite you to read our Privacy Policy for an in-depth understanding of our practices regarding electronic communications. You acknowledge and accept that any notices, agreements, disclosures, or other correspondences that we send you electronically will comply with any legal communication requirements, including the stipulation that such communications be in writing.

22. BUSINESS & CONTACT INFORMATION

This website is managed and operated by Revolution AG Pty Ltd

• Registered with the Australian Securities and Investments Commission (ASIC).
• Australian Company Number (ABN): 56 614 943 118
• Contact Address: Unit 5/11 Jullian Close, Banksmeadow, NSW 2019 Australia
• Contact Number: +61 (2) 9168 7918
• Contact Email: accounts@xag-au.com