AqNova Marketplace Policies & Disclosures
Global Legal Footer Framework
Comprehensive Compliance & Platform Governance Reference
AqNova's Complete Framework for Resolving Transaction, Platform & Commercial Disputes — From Direct Resolution to Arbitration
Effective Date: April 7, 2026 | Version 1.0 | Arivon Holding Corporation
| Regulatory & Legal Frameworks — Dispute Resolution European Union: EU ADR Directive (2013/11/EU) — Alternative Dispute Resolution EU ODR Regulation (524/2013) — Online Dispute Resolution EU Consumer Rights Directive (2011/83/EU) Art. 13 — redress info EU Digital Services Act (2022/2065/EU) Arts. 17–21 — internal redress system and out-of-court dispute settlement EU Mediation Directive (2008/52/EC) — cross-border mediation EU Unfair Contract Terms Directive (93/13/EEC) United Kingdom: Alternative Dispute Resolution for Consumer Disputes Regulations 2015 (SI 2015/542) — ADR for UK consumer disputes Consumer Rights Act 2015 (s. 61–69) — unfair terms Senior Courts Act 1981 — judicial remedies Arbitration Act 1996 — governing UK arbitration proceedings United States: Federal Arbitration Act (9 U.S.C. §§ 1–16) — arbitration California Code of Civil Procedure § 1282 et seq. (Cal. arb.) CFPB — class action waiver restrictions for consumer products FTC Act — unfair dispute resolution practices Canada: Consumer Protection Acts (provincial) — dispute resolution Class Proceedings Act (Ontario, BC, Quebec) Brazil: CDC Art. 6(VII) — consumer right to access dispute resolution Lei de Arbitragem (Law 9,307/1996) — Brazilian arbitration law Decreto 7,962/2013 — e-commerce dispute mechanisms PROCON mediation framework Nigeria: Arbitration and Conciliation Act (Cap. A18 LFN 2004) FCCPA 2019 (ss. 166–173) — FCCPC dispute resolution South Africa: Consumer Protection Act 2008 (ss. 69–72) — NCT; NCC Arbitration Act 42 of 1965 | National Consumer Tribunal India: Consumer Protection Act 2019 (ss. 34–58) — Consumer Commissions Arbitration and Conciliation Act 1996 (amended 2021) IT Act 2000 / IT Rules 2021 — online dispute resolution Australia: ACL (Competition and Consumer Act 2010) — ACCC; FCA Commercial Arbitration Acts (state/territory legislation) Online Dispute Resolution initiatives (NCAT; VCAT; QCAT) Singapore: Consumer Protection (Fair Trading) Act — SCT jurisdiction Singapore International Arbitration Centre (SIAC) Rules Singapore Mediation Centre (SMC) Japan: Consumer Contract Act | National Consumer Affairs Center (NCAC) Japan Commercial Arbitration Association (JCAA) Rules South Korea: Framework Act on Consumers | Korea Consumer Agency (KCA) Korean Commercial Arbitration Board (KCAB) Rules China: Consumer Rights Protection Law 2013 (Arts. 39–46) E-Commerce Law 2019 (Arts. 43–44) — platform dispute resolution China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules Colombia / Chile / Argentina / Mexico: National consumer protection laws & arbitration/mediation frameworks International: UNCITRAL Arbitration Rules | ICC Arbitration Rules SIAC, HKIAC, AAA/ICDR International Arbitration Rules New York Convention (Convention on Recognition and Enforcement of Foreign Arbitral Awards, 1958) |
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| WARNING THIS POLICY PROVIDES A STRUCTURED, TIME-BOUND PROCESS FOR RESOLVING DISPUTES. NOTHING IN THIS POLICY PREVENTS A CONSUMER FROM EXERCISING STATUTORY RIGHTS, ACCESSING NATIONAL CONSUMER AUTHORITIES, OR PURSUING JUDICIAL REMEDIES. MANDATORY CONSUMER PROTECTION LAWS IN YOUR JURISDICTION PREVAIL OVER ANY CONTRACTUAL DISPUTE RESOLUTION PROVISION IN THIS POLICY. FOR URGENT SAFETY, FRAUD, OR CHILD SAFETY CONCERNS: DO NOT USE THIS PROCESS. CONTACT SAFETY@AQNOVA.CO OR TRUST@AQNOVA.CO IMMEDIATELY. |
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AqNova's Dispute Resolution Policy establishes a fair, accessible, and time-bound framework for resolving all categories of disputes arising on or in connection with the AqNova Marketplace. This Policy governs disputes between Buyers and Vendors, between Vendors and AqNova, and — in defined circumstances — between AqNova and other parties.
The Policy is structured as a tiered process, beginning with direct resolution between the disputing parties and escalating through AqNova-mediated facilitation, AqNova final decision, and ultimately external ADR and judicial/arbitral proceedings. Each tier is time-bound to ensure that disputes are resolved efficiently. AqNova acts as a neutral facilitator in Tiers 1 and 2; in Tier 3, AqNova issues a final Platform decision on the transaction in dispute.
| Section 5.3 — Structure 5.3.1 Dispute Resolution Framework Overview 5.3.2 Tier 1 — Buyer-Vendor Direct Resolution (5 Business Days) 5.3.3 Tier 2 — AqNova Mediation (10 Business Days) 5.3.4 Tier 3 — AqNova Platform Final Decision (Binding on Platform Transaction) 5.3.5 BPP Integration — Transactional Disputes 5.3.6 EU Alternative Dispute Resolution (ADR) & ODR Platform 5.3.7 UK Consumer ADR 5.3.8 Disputes Involving AqNova Directly — Governing Law & Jurisdiction 5.3.9 Arbitration Agreement — B2B Disputes (Vendors vs. AqNova) 5.3.10 Consumer Dispute Arbitration — Jurisdiction-Specific Limitations 5.3.11 Class Action Waivers — Jurisdiction-Specific Rules 5.3.12 Global Consumer Authority Directory 5.3.13 Dispute Resolution Timeline Summary 5.3.14 Contact Information — Dispute Resolution |
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AqNova's dispute resolution architecture operates as a pyramid with four escalating levels. The lowest level — direct resolution — is intended to resolve the vast majority of disputes quickly and without platform intervention. Each subsequent level activates only when the prior level fails or is unavailable.
| AqNova Dispute Resolution — Four-Level Architecture LEVEL 1 — DIRECT RESOLUTION (Buyer ↔ Vendor): The first and fastest resolution path. Buyer and Vendor communicate directly through the Platform's messaging system and reach a mutually agreed resolution. Window: 5 Business Days from the Buyer's initial message. No platform involvement required. LEVEL 2 — AQNOVA MEDIATION (AqNova facilitates): Activated when direct resolution fails or the Vendor does not respond within 5 BD. AqNova's Buyer Protection team facilitates a structured mediation. Window: 10 Business Days from escalation. AqNova role: neutral facilitator; not a decision-maker at this level. LEVEL 3 — AQNOVA PLATFORM DECISION (binding on Platform transaction): Activated when Level 2 mediation fails to reach agreement. AqNova issues a final Platform-level decision on the transactional dispute. Binding on the Platform transaction (refund or payout outcome). Does not preclude external legal remedies. Both parties have a right to appeal within 10 Business Days. LEVEL 4 — EXTERNAL DISPUTE RESOLUTION: Available in parallel or after AqNova's internal process. EU users: EU ODR Platform (ec.europa.eu/consumers/odr). UK users: designated consumer ADR provider. Global users: national consumer authorities; small claims courts; commercial arbitration (for B2B disputes under the Arbitration Agreement). Consumer statutory rights and judicial remedies are never precluded. |
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This Policy applies to the following dispute categories:
Transactional disputes: disputes between a Buyer and a Vendor arising from an order placed on the AqNova Platform — including non-delivery, significantly not as described, defective goods, refund disputes, and payment disputes.
Platform conduct disputes: disputes between a Vendor and AqNova arising from enforcement actions, account decisions, payout disputes, commission charges, or the application of Platform policies.
IP and content disputes: disputes between rights holders and Vendors relating to alleged IP infringement on the Platform, including counter-notice disputes under the DMCA and equivalent frameworks.
Review disputes: disputes between Vendors and Buyers relating to reviews — including claims that a review is false, defamatory, or violates Platform review policy.
This Policy does not apply to: criminal matters (which are referred to law enforcement); product safety regulatory matters (which are handled by AqNova's Safety team and applicable authorities); or disputes between parties with no connection to AqNova.
AqNova acts as a neutral intermediary in the dispute resolution process. AqNova does not have a financial interest in the outcome of a specific dispute (other than the general interest in maintaining Platform integrity). AqNova's Buyer Protection team members who make decisions on disputes are required to: have no prior involvement in the transaction in dispute; apply the same evidentiary and procedural standards to both Buyers and Vendors; provide reasons for all decisions; and be subject to an independent appeal review process.
Tier 1 is the first and preferred dispute resolution path. Most transactional disputes can be resolved quickly by direct communication between the Buyer and Vendor through the Platform's messaging system. AqNova strongly encourages Buyers and Vendors to attempt direct resolution before escalating to Tier 2.
| TIER 1 — BUYER-VENDOR DIRECT RESOLUTION WHO: Buyer and Vendor, communicating directly through the Platform messaging system (My Orders > [Order] > Message Vendor). WHEN: Initiated by the Buyer at any time after the issue arises. (For delivery disputes: after the estimated delivery date passes; for quality/description disputes: after delivery.) WINDOW: 5 Business Days from the Buyer's first message to the Vendor about the issue. PROCESS: 1. Buyer sends a message to the Vendor describing the issue and the remedy sought. 2. Vendor responds within 5 Business Days: — RESOLUTION REACHED: Vendor offers and Buyer accepts a remedy (refund, replacement, partial refund). The Buyer confirms resolution in the Platform interface. Dispute closed at Tier 1. — VENDOR OFFERS INADEQUATE REMEDY: Buyer may escalate to Tier 2. — VENDOR DOES NOT RESPOND within 5 Business Days: Buyer escalates to Tier 2. OUTCOME: If Tier 1 resolution is reached: — Vendor initiates agreed remedy within 3 Business Days of resolution agreement. — AqNova monitors compliance; if Vendor fails to execute agreed remedy within 3 Business Days, Buyer may escalate to Tier 2 citing Vendor non-compliance. NO AQNOVA INVOLVEMENT: AqNova does not participate in Tier 1 communications, but Platform messaging is monitored for abuse (threats, harassment, off-platform payment solicitation) in accordance with Trust & Safety policies. |
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Be specific about the problem: describe the issue clearly ("I received a blue item, but ordered red" is more useful than "there is a problem with my order").
Specify the remedy you are seeking: a full refund, a replacement, or a partial refund. Vendors are more likely to respond constructively when the requested remedy is clear and reasonable.
Keep communication through the Platform messaging system — not through personal email or external channels — so that the record of communications is preserved for Tier 2 if escalation becomes necessary.
If the Vendor responds but offers an inadequate remedy (e.g., asks you to pay return shipping for a defective item when you know the Vendor should bear that cost), you do not have to accept it. Politely note the applicable policy (e.g., "Under AqNova's platform policy, the Vendor bears return shipping for defective items") and allow the Vendor a brief opportunity to reconsider before escalating to Tier 2.
Tier 2 activates when Tier 1 direct resolution fails — either because the Vendor did not respond within 5 Business Days, because the parties could not agree on a resolution, or because the Vendor agreed to a remedy but did not execute it within 3 Business Days. Tier 2 introduces AqNova as a facilitative intermediary.
| TIER 2 — AQNOVA MEDIATION — FACILITATED RESOLUTION ACTIVATION: Buyer selects 'Escalate to AqNova' in the messaging interface, OR opens a BPP dispute (My Orders > [Order] > Open Dispute). Escalation is available from Day 5 of Tier 1 (if no Vendor response) or at any time if an agreed Tier 1 remedy was not executed. WINDOW: 10 Business Days from escalation to AqNova. PROCESS: 1. AqNova acknowledges the escalation within 24 hours. 2. AqNova reviews the messaging history from Tier 1. 3. AqNova contacts the Vendor and requests a substantive response and evidence within 5 Business Days. 4. AqNova reviews both parties' evidence and, where possible: — Identifies common ground between the parties' positions. — Makes a non-binding suggested resolution proposal to both parties. — Allows 2 Business Days for both parties to accept or reject the proposal. 5. If both parties accept the suggested resolution: — Agreed remedy executed by the Vendor within 3 Business Days. — Dispute closed at Tier 2. 6. If either party rejects the suggested resolution: — Dispute escalates to Tier 3. AQNOVA ROLE AT TIER 2: Facilitative only. AqNova makes non-binding suggestions. AqNova does not impose an outcome at Tier 2. Both parties retain autonomy. VENDOR NON-RESPONSE AT TIER 2: If the Vendor fails to respond within 5 Business Days of AqNova's Tier 2 request, AqNova may: — Issue a preliminary finding in the Buyer's favor pending Vendor response. — Escalate directly to Tier 3 without completing Tier 2 mediation. — Record the non-response in the Vendor's performance metrics. |
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In its role as mediator at Tier 2, AqNova's Buyer Protection team applies the following standards:
Impartiality: AqNova does not take sides based on the identity or status of the parties. AqNova applies the same standards to Buyers and Vendors regardless of their purchase history, Vendor tier, or account age.
Confidentiality: communications submitted by either party in connection with a Tier 2 dispute are used only for the purposes of resolving the dispute and are not shared with the other party beyond what is necessary for the mediation process.
Evidence-based assessment: AqNova's suggested resolution at Tier 2 is based on the evidence submitted by both parties and the applicable Platform policies. AqNova discloses the factual basis for any suggested resolution to both parties.
Timeliness: AqNova's suggested resolution is issued within the 10 Business Day window. If additional evidence is needed and the investigation needs to be extended, both parties are notified of the extension with a new expected timeline.
Tier 3 activates when Tier 2 mediation fails to achieve a mutually agreed resolution. At Tier 3, AqNova transitions from a facilitator to a decision-maker. AqNova issues a binding Platform decision on the transactional outcome of the dispute — specifically, whether the Buyer receives a refund (and in what amount), or whether the Vendor's payout is released. This decision is binding on the Platform transaction but does not preclude either party from pursuing external legal remedies.
| TIER 3 — AQNOVA PLATFORM FINAL DECISION — BINDING ON TRANSACTION ACTIVATION: Automatic upon failure of Tier 2 mediation (rejection of AqNova's suggested resolution by either party; OR Tier 2 window expiry without agreement; OR Vendor non-response at Tier 2). WINDOW: AqNova issues its final decision within 10 Business Days of Tier 3 activation. Complex/high-value disputes: up to 20 Business Days. PROCESS: 1. AqNova's senior Buyer Protection reviewer is assigned (a reviewer who was not the mediator in Tier 2 for this dispute). 2. All evidence submitted during Tiers 1 and 2 is reviewed. 3. Both parties may submit any final additional evidence within 3 Business Days of Tier 3 activation. 4. AqNova issues its Final Decision, which includes: — The transactional outcome: full refund; partial refund; replacement; or Vendor payout release (if claim is not upheld). — The factual basis for the decision. — The Platform policy provisions applied. — Both parties' appeal rights. BINDING EFFECT: — The Final Decision is binding on the AqNova Platform transaction: AqNova will implement the decision (e.g., issue the refund or release the payout) regardless of whether either party agrees with it. — The Final Decision does NOT constitute a binding legal judgment and does NOT prevent either party from pursuing their legal rights through courts, arbitration, or consumer authority proceedings. APPEAL: Both parties may appeal within 10 Business Days — see Section 5.2.12. |
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At Tier 3, AqNova applies the following decision-making standards:
Preponderance of the evidence: AqNova decides the outcome based on which party's position is more likely correct given the available evidence. This is not a "beyond reasonable doubt" standard — it is a balance of probabilities assessment.
Policy-first: AqNova applies its published Platform policies (Returns Policy Section 4.2; Buyer Protection Policy Section 5.2; Shipping Policy Section 4.1; and applicable consumer protection law norms) as the primary framework for the decision. AqNova does not depart from published policy except where application would clearly be unjust or illegal.
Benefit of the doubt: where evidence is evenly balanced and the dispute amount is below USD $250, AqNova generally resolves in the Buyer's favor, consistent with standard marketplace practice. For higher-value disputes, a higher evidentiary bar applies.
No repeat adjudication: a Tier 3 final decision on a specific transaction cannot be reopened at AqNova's initiative. Only an appeal by a party within the appeal window can reopen the decision.
AqNova's Buyer Protection Program (Section 5.2) and the Dispute Resolution Policy (this Section 5.3) operate as an integrated system for transactional disputes. Understanding how they interact helps Buyers and Vendors navigate the process efficiently:
| Process Pathway | BPP and Dispute Resolution Interaction |
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| Buyer opens BPP claim (INR, SNAD, counterfeit, defective) | Opening a BPP claim through My Orders > Open Dispute simultaneously initiates the Dispute Resolution process at Tier 2 (AqNova Mediation). Buyers do not need to separately escalate through the Dispute Resolution framework — the BPP claim serves as the Tier 2 trigger. |
| Buyer-Vendor messaging before BPP claim | Messaging between Buyer and Vendor in the Platform messaging system prior to opening a BPP claim is treated as the Tier 1 (Direct Resolution) process. The 5-Business-Day Tier 1 window applies to pre-BPP Vendor messaging. |
| BPP investigation (ongoing) | Concurrent with the BPP investigation, the Dispute Resolution process is at Tier 2. AqNova's Buyer Protection team acts as mediator. |
| BPP decision | AqNova's BPP decision constitutes the Tier 3 Platform Final Decision for transactional disputes. The BPP decision framework applies; the broader Dispute Resolution tiers are fulfilled by the BPP process. |
| BPP appeal | The BPP appeal process (Section 5.2.12) is the appeal mechanism for Tier 3 transactional dispute decisions. |
| Non-transactional disputes (e.g., Vendor-AqNova payout dispute) | Non-transactional disputes proceed through the full Tier 1→2→3 Dispute Resolution process independently of the BPP. |
The EU Alternative Dispute Resolution Directive (Directive 2013/11/EU), as implemented in each EU Member State, requires online traders selling to EU consumers to inform consumers about the availability of ADR procedures and whether the trader commits to using ADR for consumer disputes. AqNova provides the following disclosures in compliance with this requirement:
AqNova makes its own three-tier internal dispute resolution process available to all EU consumers as described in this Section 5.3. This internal process constitutes the primary dispute resolution mechanism for EU consumer transactional disputes.
Where the internal process does not result in a resolution satisfactory to the EU consumer, AqNova acknowledges the consumer's right to access certified ADR providers in their EU Member State, as listed on the European Commission's ADR Entities database.
AqNova provides EU consumers with the name and website of the applicable certified ADR entity, either in the general terms and conditions or, where applicable, when AqNova informs the consumer that a negotiated solution is not possible.
AqNova commits to participating in ADR proceedings brought by EU consumers through a certified ADR entity, where required by applicable national law implementing the ADR Directive.
In compliance with EU Regulation 524/2013 on Online Dispute Resolution for Consumer Disputes, AqNova provides the following mandatory ODR link disclosure on its Platform and in its terms of service:
| EU Online Dispute Resolution Platform — Mandatory Disclosure The European Commission provides an online dispute resolution (ODR) platform for resolving disputes relating to contractual obligations arising from online sales and service contracts between EU consumers and businesses. EU ODR Platform URL: ec.europa.eu/consumers/odr AqNova's contact email for ODR purposes: legal@aqnova.com EU consumers may submit complaints through the ODR platform. AqNova will respond to ODR-submitted complaints through its registered contact email within 20 Business Days of receiving the complaint from the platform. This disclosure is required under EU Regulation 524/2013 Art. 14 and is reproduced on AqNova's footer and confirmation emails for EU consumers. |
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The EU Digital Services Act (2022/2065/EU) imposes specific requirements on online platforms regarding internal redress systems (Art. 17) and out-of-court dispute settlement (Art. 21). AqNova's compliance:
DSA Art. 17 — Statement of reasons: AqNova provides a statement of reasons for every content moderation decision and every account action affecting EU recipients, including the legal or contractual ground relied upon. This is provided in the enforcement notice sent to the affected party.
DSA Art. 17 — Internal complaint handling: AqNova's internal dispute resolution process constitutes the internal complaint-handling system required by DSA Art. 17. AqNova processes all internal complaints free of charge and as quickly as possible.
DSA Art. 21 — Out-of-court dispute settlement: AqNova cooperates in good faith with certified out-of-court dispute settlement bodies designated by EU Member State Digital Services Coordinators for disputes not resolved internally. AqNova is not bound by the out-of-court settlement body's proposed solution but engages with the process in good faith.
| EU Member State | ADR Entity / Designated Consumer Authority |
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| Germany | Schlichtungsstelle (Mediation Center): universalschlichtungsstelle.de | Verbraucherschlichtung BW for online disputes |
| France | Médiateur de la consommation (Consumer Mediator) — contact via mediateur@aqnova.co | Platform: mediation.apmc.eu |
| Netherlands | Geschillencommissie (Disputes Committee): degeschillencommissie.nl |
| Spain | Arbitraje de consumo (Consumer Arbitration): consumo.gob.es | AECOSAN mediation |
| Italy | Arbitro Bancario Finanziario (ABF) for payment disputes; Conciliazione per il consumo for general consumer disputes |
| Ireland | Competition and Consumer Protection Commission (CCPC): ccpc.ie | ECC Ireland: eccireland.ie |
| Sweden | Allmänna reklamationsnämnden (ARN — National Board for Consumer Disputes): arn.se |
| Denmark | Center for Klageloesning (Consumer Complaints Board): forbrug.dk |
| Poland | UOKIK (Consumer Protection Office): uokik.gov.pl | Provincial trade inspectorates |
| Belgium | Consumer Mediation Service: consumermediation.be | BeCommerce arbitration |
| Austria | Internet Ombudsmann: ombudsmann.at | Schlichtung für Verbrauchergeschäfte: verbraucherschlichtung.at |
| All EU Member States | EU ADR Entities database: ec.europa.eu/consumers/odr/main/?event=main.ADR.show | Full national ADR body list by sector and country. |
The UK Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (SI 2015/542) implement the EU ADR Directive in UK law (retained post-Brexit by Statutory Instrument). AqNova provides the following UK-specific disclosures:
AqNova acknowledges that UK consumers who are unable to resolve a dispute through AqNova's internal process have the right to refer the dispute to a certified UK ADR provider.
AqNova discloses the name and website address of the applicable certified ADR entity in its general terms and conditions and, where a Buyer dispute has been raised but not resolved, in the response to the Buyer informing them that a resolution has not been reached.
UK ADR/Trading Standards: consumers may also access trading standards services through their local council or Citizens Advice for disputes involving consumer rights issues.
Financial Conduct Authority (FCA) regulation: disputes involving financial products or payment services may also be referred to the UK Financial Ombudsman Service (FOS) where applicable.
| UK Consumer Dispute Resolution Resources Resolver (UK consumer dispute resolution platform): resolver.co.uk Citizens Advice: citizensadvice.org.uk | 0800 144 8848 Trading Standards: tradingstandards.uk (contact through local council) UK Financial Ombudsman Service (payment disputes): financial-ombudsman.org.uk CTSI-approved consumer ADR providers: ctsi.org.uk/find-an-adr-scheme AqNova's ADR contact email: legal@aqnova.com |
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Where a dispute involves AqNova directly — as opposed to a dispute between a Buyer and a Vendor in which AqNova mediates — the following governing law and jurisdiction provisions apply. These provisions are set out in the Platform Terms & Conditions (Section 2) and are reproduced here for completeness:
Disputes between AqNova and Vendors arising out of or in connection with the Vendor Agreement, Platform Terms & Conditions, or any other commercial relationship between a Vendor and Arivon Holding Corporation are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions. The parties submit to the exclusive jurisdiction of the courts of the State of Delaware or the federal courts sitting in Delaware for any non-arbitral dispute.
For disputes between consumers (Buyers purchasing for personal use not related to their trade, business, or profession) and AqNova, the following provisions apply:
Mandatory consumer protection law: any governing law provision does not affect a consumer's right to rely on the mandatory consumer protection provisions of the law of the country in which they are habitually resident, where those provisions offer greater protection than the governing law.
EU consumers: EU consumers benefit from the protection of mandatory provisions of the law of their Member State of habitual residence where those provisions cannot be derogated from by agreement, consistent with Regulation (EC) 593/2008 (Rome I Regulation) Art. 6.
UK consumers: UK consumers retain the protections of UK mandatory consumer law regardless of any governing law clause, consistent with the Consumer Rights Act 2015 s. 74.
Brazilian consumers: mandatory provisions of the Brazilian Consumer Defense Code (CDC) apply to consumer-AqNova disputes involving Brazilian consumers, by virtue of CDC Art. 1 (public order and social interest).
Australian consumers: Australian Consumer Law non-excludable consumer guarantees apply to disputes involving Australian consumers regardless of governing law.
This provision reflects the universal principle that governing law and jurisdiction clauses in consumer contracts cannot deprive consumers of the protection of mandatory local consumer law. AqNova does not assert any choice of law or jurisdiction provision against consumers in a manner that derogates from their mandatory statutory rights.
Where a Vendor disputes an AqNova account action (listing removal, account suspension, payout hold, fee assessment, or account termination), the dispute proceeds through:
Internal appeal: AqNova's enforcement appeal process (Section 5.15 of Section 5.0) — 30-day appeal window; senior reviewer; 10–20 Business Day decision.
Where internal appeal is exhausted: the Vendor may initiate the arbitration process described in Section 5.3.9 (Arbitration Agreement for B2B disputes).
AqNova and Vendors agree to resolve any dispute arising out of or in connection with the Vendor Agreement or the Platform Terms & Conditions through binding arbitration, rather than through litigation in court, subject to the exceptions set out in Section 5.3.9.C below. This arbitration agreement is set out in the Vendor Agreement (Section 2.2.6) and is reproduced here in summary form for reference.
The arbitration agreement covers all disputes between AqNova (Arivon Holding Corporation) and commercial Vendors (businesses, sole traders, or other commercial entities) arising from:
The Vendor Agreement, including all supplemental policies incorporated by reference.
AqNova Platform fees, commission deductions, or payout disputes.
Account suspension or termination decisions (following exhaustion of the internal appeal process).
IP infringement counter-notice disputes that are not resolved through the DMCA process.
Any claim for breach of contract, unjust enrichment, or negligence arising from AqNova's Platform operation.
Commercial arbitration between Vendors and AqNova is conducted under the following forum, depending on the Vendor's location:
United States and Canada: American Arbitration Association (AAA) Commercial Arbitration Rules, with JAMS Expedited Procedures for claims below USD $100,000.
European Union: ICC International Court of Arbitration Rules, with the seat of arbitration in Paris, France.
United Kingdom: London Court of International Arbitration (LCIA) Rules, with the seat in London, United Kingdom.
Asia-Pacific (Singapore, Malaysia, Thailand, Vietnam, Indonesia): Singapore International Arbitration Centre (SIAC) Rules, with the seat in Singapore.
South Korea, Japan, China: Korean Commercial Arbitration Board (KCAB) International Arbitration Rules (South Korea); JCAA Commercial Arbitration Rules (Japan); CIETAC Arbitration Rules (China).
South America, Africa, Middle East, and all other jurisdictions: UNCITRAL Arbitration Rules, with the seat determined by agreement or appointed arbitrator.
Arbitration is conducted in English, unless both parties agree to an alternative language. The arbitral award is final and binding and may be entered as a judgment in any court of competent jurisdiction. The New York Convention (1958) governs recognition and enforcement of arbitral awards internationally.
The following matters are excluded from the arbitration agreement and may be brought before courts or regulatory authorities:
Injunctive relief: either party may seek urgent injunctive or emergency relief from a court of competent jurisdiction to prevent irreparable harm, pending initiation or completion of arbitration.
Intellectual property: IP infringement claims and trademark disputes may be brought before applicable courts or IP tribunals.
Small claims: claims within the jurisdiction of small claims courts may be brought in the appropriate small claims court (US: federal or state small claims court; UK: county court small claims track; Australia: state NCAT/VCAT/QCAT; Singapore: Small Claims Tribunal).
Regulatory complaints: either party may file a complaint with applicable regulatory authorities (FTC, CPSC, CFPB in the US; applicable EU/UK regulators) regardless of any arbitration agreement.
AqNova acknowledges that mandatory arbitration clauses in consumer contracts are restricted or prohibited in many jurisdictions. The following rules govern consumer (Buyer) dispute arbitration across AqNova's operating markets:
| Jurisdiction | Consumer Arbitration Rules & Limitations |
|---|---|
| European Union | Mandatory arbitration clauses in consumer contracts are void as unfair contract terms under EU Unfair Contract Terms Directive (93/13/EEC), to the extent they deprive the consumer of access to national courts or mandatory statutory remedies. AqNova does not apply a mandatory pre-dispute arbitration clause to EU consumer transactions. EU consumers may choose arbitration voluntarily. |
| United Kingdom | Pre-dispute arbitration clauses in consumer contracts are not binding on consumers where the claim does not exceed GBP 5,000 (Arbitration Act 1996 s. 91; Consumer Arbitration Agreements Act 1988). For claims above GBP 5,000, AqNova and the consumer may agree to arbitration. AqNova does not require mandatory arbitration for UK consumer disputes. |
| United States (General) | Federal Arbitration Act (9 U.S.C.) permits mandatory pre-dispute arbitration clauses in consumer contracts. However, significant state-level limitations apply (see California below). CFPB has proposed rules restricting mandatory arbitration for consumer financial products. AqNova reviews its US consumer arbitration clause against applicable law annually. |
| United States — California | California consumer transactions: Discover Bank rule (overturned by AT&T Mobility v. Concepcion for FAA claims but partially reinstated for public injunctive relief by McGill v. Citibank). AqNova does not seek to compel arbitration against California consumers for claims they could bring in California small claims court. Public injunctive relief claims are excluded from AqNova's arbitration agreement for California consumers. |
| Brazil | The Brazilian Consumer Defense Code (CDC) prohibits mandatory pre-dispute arbitration clauses that are imposed on consumers without their meaningful, informed, and free consent (CDC Art. 51(VII) — abusive clauses). Brazilian consumers retain full access to Procon mediation, Juizados Especiais, and Consumer Courts regardless of any arbitration clause. |
| Australia | Australian Consumer Law non-excludable rights cannot be the subject of mandatory binding arbitration. Australian consumers retain access to ACCC, state/territory consumer tribunals (NCAT, VCAT, QCAT), and courts. AqNova does not apply mandatory arbitration to Australian consumer disputes. |
| India | Indian consumers retain the right to access Consumer Disputes Redressal Commissions (District, State, and National) under the Consumer Protection Act 2019 regardless of any arbitration clause. AqNova does not prevent Indian consumers from accessing statutory consumer commissions. |
| South Africa | Consumer Protection Act 2008 ss. 69–72 preserve the consumer's right to resolve disputes through the NCC, National Consumer Tribunal, or courts. AqNova does not impose mandatory arbitration on South African consumer disputes. |
| AqNova Policy | AqNova does not impose mandatory pre-dispute arbitration on consumer (Buyer) transactions in any jurisdiction where such clauses are void, unenforceable, or contrary to mandatory consumer protection law. AqNova's arbitration agreement applies only to commercial Vendor-AqNova disputes as described in Section 5.3.9. |
AqNova's Vendor Agreement contains a class action waiver for commercial disputes, consistent with applicable law. The following rules govern class action waivers in consumer contexts across AqNova's operating markets:
| Jurisdiction | Class Action / Collective Redress Rules |
|---|---|
| United States | Federal: AT&T Mobility LLC v. Concepcion (2011) upholds class action waivers in arbitration clauses for most consumer claims under the FAA. California exception: McGill v. Citibank (2017) — public injunctive relief claims under California consumer protection statutes (UCL, CLRA) cannot be waived by class action waiver. AqNova's class action waiver does not apply to public injunctive relief claims by California consumers. |
| European Union | EU Directive on Representative Actions for the Protection of the Collective Interests of Consumers (2020/1828/EU): qualified entities may bring representative actions on behalf of EU consumers. Class action waivers in consumer contracts are generally unenforceable against the exercise of collective consumer rights under this Directive. AqNova's class action waiver does not apply to representative action rights of EU consumers. |
| United Kingdom | UK courts have recognized collective opt-in and opt-out class actions in certain consumer contexts under the Consumer Rights Act 2015 (competition-related collective proceedings) and the Civil Procedure Rules (group litigation orders). AqNova does not prevent UK consumers from participating in collective proceedings. |
| Brazil | Acao Civil Publica (ACP) — class actions by the Public Prosecutor, PROCON, and consumer defense associations are available for violations of the CDC. Individual consumer class action waivers cannot bar collective actions brought by public entities. AqNova acknowledges Brazilian consumers' rights to benefit from collective consumer actions. |
| Australia | Representative actions and class actions are available under the Class Actions regime in the Federal Court and state supreme courts. Australian consumer class action waivers are not generally enforceable against mandatory ACL consumer protection rights. |
| AqNova Policy | AqNova's class action waiver in the Vendor Agreement applies only to commercial Vendor-AqNova disputes. AqNova does not enforce class action waivers against individual consumers (Buyers) in jurisdictions where such waivers are void, unenforceable, or contrary to mandatory consumer protection law. |
The following matrix summarizes the complete expected timeline for dispute resolution through AqNova's internal process from initiation to final decision:
| Stage | Timeline & Key Events |
|---|---|
| Day 1 — Issue Arises | Buyer first notices issue (non-delivery, quality problem, etc.). Buyer contacts Vendor through Platform messaging. Tier 1 Direct Resolution begins. |
| Days 1–5 — Tier 1 Window | Vendor responds and resolution is negotiated. If resolved: agreed remedy within 3 BD. If not resolved/no response by Day 5: Tier 1 closes; Buyer escalates to Tier 2. |
| Day 5 (or earlier if Vendor non-responsive) — BPP/Tier 2 Activation | Buyer opens BPP claim / escalates to AqNova. AqNova acknowledges within 24 hours. |
| Days 5–15 — Tier 2 Mediation Window (10 BD) | AqNova reviews evidence; contacts Vendor (5 BD response window); issues non-binding suggested resolution; parties given 2 BD to accept. If accepted: agreed remedy within 3 BD; dispute resolved at Tier 2. If not accepted: Tier 3 activates. |
| Days 15–25 — Tier 3 Decision Window (10 BD standard) | AqNova senior reviewer issues binding Platform Final Decision. Both parties notified. If decision favors Buyer: refund initiated within 24 hours. If decision favors Vendor: payout released. |
| Days 25–35 — Appeal Window (10 Business Days) | Either party may appeal the Tier 3 decision within 10 calendar days. Appeal reviewed by independent senior reviewer. Appeal decision within 10 BD. |
| After Day 35 (or after appeal outcome) — External Options | EU ODR platform; UK ADR provider; national consumer authority; small claims court; commercial arbitration (B2B); statutory rights independently pursued. |
| Extended timeline (complex/high-value disputes) | Tier 3 may be extended to 20 BD for complex or high-value disputes. Both parties notified. Maximum timeline with all extensions: approximately 40 Business Days from Tier 1 initiation to Tier 3 final decision. |
| AqNova — Dispute Resolution Contacts SELF-SERVICE (Recommended — Fastest): File BPP / Open Dispute: My Orders > [Order] > Open Dispute Message Vendor: My Orders > [Order] > Message Vendor TIER 1 — DIRECT RESOLUTION: Platform Messaging: My Orders > [Order] > Message Vendor TIER 2 / 3 — AQNOVA MEDIATION & DECISION: Buyer Protection Claims: buyers@aqnova.co BPP Appeals: buyers@aqnova.co [Subject: BPP Appeal — Order #] Vendor Disputes (payout, account): vendors@aqnova.co Enforcement Appeals: trust@aqnova.co [Subject: Appeal — Ref: XXXXX] IP DISPUTES: IP Infringement: ip@aqnova.co Counter-Notices (DMCA): ip@aqnova.co [Subject: DMCA Counter-Notice] B2B ARBITRATION (Vendor-AqNova Commercial Disputes): Initiate Arbitration: legal@aqnova.com [Subject: Arbitration Notice] GENERAL SUPPORT: support@aqnova.co Legal Notices: legal@aqnova.com EXTERNAL DISPUTE RESOLUTION: EU ODR Platform: ec.europa.eu/consumers/odr UK ADR: ctsi.org.uk/find-an-adr-scheme Brazil PROCON: consumidor.gov.br India Consumer: edaakhil.nic.in | 1800-11-4000 Australia ACCC: accc.gov.au South Africa NCC: thencc.gov.za Nigeria FCCPC: fccpc.gov.ng Singapore CASE: case.org.sg US FTC: ftc.gov/complaint Registered Office: Arivon Holding Corporation C/O Arivon Holding Corporation, 2571 Saturn Avenue, Unit #265 Huntington Park, CA 90255, USA California File Number: B20250418195 | EIN: 41-3210066 | D-U-N-S: 142957477 GB EORI: GB511467217000 Nigeria (Sahara Eagle Ltd) — Reg: 1957145 | Tax ID: 31052811-0001 | NEPC: 0030281 |
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AqNova Marketplace | Global Legal Footer Framework | Section 5.3: Dispute Resolution Policy
© 2026 Arivon Holding Corporation. All rights reserved. Effective April 7, 2026. Version 1.0.