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Governing Law and Dispute Resolution Agreement

Effective Date: April 29, 2023

Governing Law and Dispute Resolution Agreement for RCX Pty Ltd.

This Governing Law and Dispute Resolution section outlines the governing law, jurisdiction, and various methods for resolving disputes that may arise between RCX Pty Ltd ("RCX," "we," "us," or "our") and its users in relation to the use of RCX's services, website, or applications (collectively, "Services"). By accessing or using our Services, you ("Client,” “user," "you," or "your") agree to the following terms and conditions:

1. RCX's Responsibility​

RCX is committed to providing its Services with reasonable care, skill, and diligence. However, we cannot guarantee that our Services will always be uninterrupted, error-free, or completely secure. RCX is not responsible for any delays, interruptions, or failures in the provision of our Services that are beyond our reasonable control, such as internet service outages, power failures, or force majeure events.

2. User Responsibility​

You are responsible for your use of RCX's Services and any content or materials you submit, publish, or display through our Services. You agree to indemnify, defend, and hold RCX harmless from any claims, damages, or expenses arising from your use of our Services, any violation of our Terms and Conditions, Privacy Policy, or Intellectual Property Agreement, or any third-party claims relating to your content or actions.

3. Limitation of Liability​

To the fullest extent permitted by law, RCX and its affiliates, officers, directors, employees, and agents will not be liable for any indirect, consequential, incidental, punitive, or special damages arising out of or in connection with your use of our Services. This includes, but is not limited to, loss of profits, business interruption, loss of data or information, or any other pecuniary loss. RCX's total liability to you under this Agreement shall be limited to the amount paid by you to RCX for the Services during the 12 months preceding the event giving rise to such liability.

4. Force Majeure​

RCX shall not be liable for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is due to events beyond its reasonable control, including but not limited to, natural disasters, strikes, acts of terrorism, pandemics, changes in applicable laws or regulations, or other unforeseen circumstances.

5. No Warranties​

RCX provides our Services on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the quality, accuracy, completeness, or reliability of our Services or any content or materials provided through our Services. You acknowledge that the use of RCX's Services is at your sole risk.

6. Governing Law​

This Liability section shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts located in Victoria, Australia.

7. Severability​

If any provision of this Liability section is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

8. Entire Agreement​

This Liability section, together with our Terms and Conditions, Privacy Policy, Agreements, and Intellectual Property Agreement, constitutes the entire agreement between you and RCX with respect to the use of our Services and supersedes all prior or contemporaneous understandings, agreements, or representations, whether written or oral.

By using RCX's Services, you acknowledge that you have read, understood, and agreed to be bound by this Governing Law and Dispute Resolution Agreement.