Terms of service

Last updated: 03/08/2026

Welcome to XiT. These Terms of Service ("Terms") govern your use of the XiT website at xit.net.au (the "Site"), our online store, and any related services, communications, or products we offer (together, the "Services").

XiT is operated by XIT CASE, a business based in Victoria, Australia ("XiT", "we", "our", or "us"). By accessing the Site, placing an order, or otherwise using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.

1. Eligibility

You must be at least 18 years old to purchase from XiT or to create an account. If you are ordering for delivery to the United States, you must be at least 21 years old. By placing an order, you confirm that you meet the applicable age requirement for your delivery address and that you have the legal capacity to enter into a binding contract. We do not knowingly sell to minors and reserve the right to cancel any order, or to require proof of age before dispatch, where we reasonably suspect this requirement is not met.

XiT is designed for adults who are existing smokers and wish to track and become more mindful of their cigarette consumption. XiT is not intended for, and must not be marketed, gifted, or sold to, anyone below the applicable age in their jurisdiction.

You are responsible for ensuring that it is lawful for you to receive the product at your delivery address. Some jurisdictions regulate the sale or possession of smoking accessories. If a product cannot lawfully be delivered to you, we may cancel your order and refund you in full.

2. What XiT is — and isn't

XiT is a premium aluminium case designed to help adult smokers track and become more mindful of their cigarette consumption. It is a consumer product, not a medical device.

XiT does not diagnose, treat, cure, or prevent any disease, addiction, or health condition. It does not guarantee that any user will reduce or stop smoking. It contains no nicotine and no therapeutic substance.

XiT is not a smoking-cessation product or drug. It has not been evaluated, approved, cleared, or registered by the Australian Therapeutic Goods Administration (TGA), the United States Food and Drug Administration (FDA), or any comparable regulator in any country. No statement on the Site or in our marketing should be read as a claim that XiT is a therapeutic good or a cessation aid.

Any references on the Site to behavioural patterns, savings calculations, or general public-health research are provided for informational purposes only and do not constitute medical, psychological, or financial advice.

If you have concerns about smoking, nicotine dependence, or your health more generally, please speak with a qualified medical professional. In Australia, free confidential support is available through Quitline on 13 7848. In the United States, free confidential support is available through 1-800-QUIT-NOW.

3. Your account

You may use the Site as a guest, or you may choose to create an account. If you create an account:

  • You agree to provide accurate, current, and complete information, and to keep it up to date.
  • You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
  • You agree to notify us immediately of any unauthorised use of your account or any other breach of security.

We may suspend or terminate your account at our discretion if we reasonably believe you have breached these Terms, engaged in fraudulent or unlawful activity, or otherwise misused the Services.

4. Orders, pricing, and acceptance

Prices on the Site are displayed in the currency selected for your region. Australian prices are in Australian Dollars (AUD) and include GST where applicable. Orders shipped outside Australia are treated as GST-free exports; where a non-AUD currency is displayed, it is a conversion provided for your convenience and the amount actually charged may vary slightly with exchange rates and your card issuer's fees.

Shipping costs, and (for United States orders) import duties and any applicable taxes, are shown separately at checkout before you pay. See section 8.

When you place an order, you are making an offer to purchase the items in your cart at the prices shown. Your offer is accepted only when we send you an order confirmation email — not when you submit payment, and not when an automated screen confirms your order. Until that confirmation is issued, we may decline or cancel any order at our discretion, including (but not limited to) where:

  • A pricing or stock error has occurred;
  • We suspect fraudulent, automated, or unauthorised activity;
  • We are unable to verify your billing or shipping information;
  • The product is no longer available;
  • Delivery to your address is not feasible, lawful, or permitted by our carriers.

If we cancel an order after payment has been taken, we will refund the full amount paid to the original payment method.

We make reasonable efforts to ensure pricing on the Site is accurate. However, errors occasionally occur. If a pricing error is discovered after you place an order, we will contact you to either confirm the order at the corrected price or cancel and refund it — your choice.

5. Pre-orders

XiT is currently in a pre-order phase. Pre-orders are open now for a strictly limited first batch at early-bird pricing. By placing a pre-order, you acknowledge:

  • The product has not yet shipped and may not yet have entered manufacturing at the time you place your order.
  • Estimated dispatch dates are provided in good faith based on our current manufacturing schedule and may change. They are estimates, not guarantees.
  • You are charged in full at the time of pre-order unless we expressly state otherwise.
  • Orders for delivery to the United States are allocated and dispatched separately from Australian orders and carry a later estimated dispatch window, shown at checkout.
  • Early-bird pricing, batch limits, and any stated quantity remaining are accurate at the time of display and are not artificial or evergreen.

You may cancel a pre-order for a full refund at any time before it is dispatched, for any reason, by emailing info@xit.net.au. If your estimated dispatch window changes materially from what you were told at the time of purchase, we will notify you by email and you may cancel for a full refund. If a pre-order cannot be fulfilled at all, we will notify you and refund the full amount paid.

Your rights in relation to pre-orders are additional to, and do not limit, your rights under the Australian Consumer Law. Full detail is set out in our Return & Refund Policy.

6. Payment

We accept the payment methods displayed at checkout. By submitting payment information, you represent and warrant that:

  • You are authorised to use the payment method;
  • The information you provide is true and accurate;
  • You authorise us (and our payment processor) to charge the total amount of your order to that method.

Payments are processed by third-party providers (such as Shopify Payments, PayPal, or others displayed at checkout). We do not store full payment card details on our servers. Your use of these payment methods is also subject to the terms of the relevant provider.

7. Shipping, delivery, and risk

Shipping and delivery terms are set out in our Shipping Policy, which forms part of these Terms. We currently ship to Australia and the United States. Availability of other destinations will be shown at checkout if and when it changes.

Risk of loss or damage in transit passes to you upon delivery to the address provided in your order. If a package is marked as delivered by the carrier but you have not received it, contact us promptly and we will work with you and the carrier to investigate.

You are responsible for providing a correct and complete delivery address. We are not responsible for delays, loss, or additional costs arising from incorrect or incomplete address information you provide.

Delivery estimates do not include time spent in customs clearance, which is outside our control.

8. International orders, duties, and import taxes

United States. The United States has suspended the USD $800 "de minimis" duty-free exemption indefinitely. All goods entering the United States are therefore subject to import duty assessed by US Customs and Border Protection (CBP), regardless of value, based on the declared value, tariff classification, and country of origin of the goods.

For orders delivered to the United States, XiT charges applicable import duties and processing fees at checkout as a separate line item and remits them on your behalf before your parcel arrives (Delivered Duty Paid). This means the amount you pay at checkout is the total cost of your order, and you should not be asked for further payment by the carrier or CBP on delivery. Duty amounts are set by US law, are calculated at the rate in force when you place your order, and are not a XiT charge. If you are nonetheless billed for duty on an order where duty was prepaid, contact us and we will reimburse you or resolve it with the carrier.

We declare all international parcels accurately, including value, country of origin, and the tariff code required by the destination authority. We do not under-declare value or mark orders as gifts, and we cannot accommodate requests to do so.

Other destinations. For any destination other than the United States, import duties, taxes, and customs charges are determined by your local customs authority, are the responsibility of the recipient, and are not included in our prices or shipping charges unless expressly stated at checkout.

Refused or unclaimed international parcels. If an international parcel is refused or returned to us unclaimed, we will refund the price of the goods once the parcel is returned to us in resalable condition. Shipping charges and duties already remitted to a foreign authority are generally not recoverable and cannot be refunded. This does not affect your rights where the goods are faulty or not as described.

9. Returns, refunds, and consumer guarantees

Returns, refunds, exchanges, and warranty claims are governed by our Return & Refund Policy, which forms part of these Terms.

Nothing in these Terms or our policies excludes, restricts, or modifies any right, guarantee, condition, warranty, or remedy you have under the Australian Consumer Law (ACL). Our goods come with guarantees that cannot be excluded under the ACL, including that goods are of acceptable quality, fit for any disclosed purpose, match their description, and arrive in a reasonable time. Where ACL guarantees apply, your remedies under the ACL prevail over anything in these Terms to the contrary.

If you are a consumer outside Australia, you may also have rights under the mandatory consumer protection laws of your country of residence that cannot be excluded by agreement. Nothing in these Terms limits those rights.

10. Intellectual property

The Site and all content on it — including the XiT name, logo, brand marks, product designs, photographs, videos, text, graphics, and software — are owned by XiT or our licensors and are protected by Australian and international intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Site for personal, non-commercial purposes. You may not:

  • Copy, reproduce, modify, distribute, or publish any of our content without our prior written permission;
  • Use our trade marks or branding in any way that is misleading or that suggests endorsement, sponsorship, or affiliation without our prior written permission;
  • Reverse-engineer, scrape, mirror, or otherwise extract data from the Site by automated means;
  • Use the Site to develop a competing product or service.

Any unauthorised use terminates the licence granted in this section.

11. User content and submissions

If you submit content to us — including reviews, testimonials, photos, social posts tagging XiT, emails, or feedback — you grant XiT a non-exclusive, royalty-free, perpetual, worldwide licence to use, reproduce, adapt, and publish that content in connection with our business and marketing, including on the Site, social media, advertising, and packaging.

You represent and warrant that any content you submit:

  • Is your own original work or that you have the right to share it;
  • Does not infringe any third party's rights, including intellectual property, privacy, or publicity rights;
  • Is truthful and reflects your genuine experience with the product;
  • Does not contain unlawful, defamatory, threatening, obscene, or otherwise objectionable material.

We may edit, refuse to publish, or remove any submitted content at our discretion. We do not pay for testimonials, and where any incentive, free product, or other benefit has been provided in connection with a review, that connection will be clearly disclosed alongside the review.

12. Acceptable use

You agree not to use the Site or Services to:

  • Violate any applicable law or regulation, including consumer protection, privacy, anti-spam, intellectual property, or export control laws;
  • Impersonate another person or entity, or misrepresent your affiliation with any person or entity;
  • Submit false or misleading information, including in orders, account registrations, or reviews;
  • Interfere with or disrupt the Site, our servers, or our networks, including by introducing viruses, malware, or other harmful code;
  • Attempt to gain unauthorised access to any part of the Site, other users' accounts, or our systems;
  • Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our written permission;
  • Resell, redistribute, or commercially exploit the Site or its content;
  • Engage in any conduct that restricts or inhibits any other user from using or enjoying the Site.

We may suspend or terminate your access to the Services at any time without notice if we reasonably believe you have breached this section.

13. Third-party links and services

The Site may contain links to third-party websites, products, or services that are not owned or controlled by XiT. We provide these links for convenience only and do not endorse, control, or accept responsibility for any third-party content, products, or services. Your use of any third-party website or service is at your own risk and subject to that third party's terms and policies.

14. Privacy

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, store, and protect your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

Where we ship internationally, your personal information (including your name, address, and order contents) will be disclosed to carriers, customs brokers, and destination customs authorities as required to clear and deliver your parcel.

15. Marketing communications

If you provide your email address — including by placing an order, creating an account, or subscribing to updates — you consent to receive transactional communications from us in connection with your order, and (where you have agreed) marketing communications about XiT.

You can opt out of marketing emails at any time using the unsubscribe link in any marketing message we send. Opting out of marketing does not affect transactional emails about your orders or account.

16. Disclaimers

To the maximum extent permitted by law, and subject always to your rights under the Australian Consumer Law and other non-excludable rights:

  • The Site and Services are provided on an "as is" and "as available" basis. We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses.
  • Content on the Site, including any references to behavioural research, savings estimates, life-expectancy statistics, or other public-health information, is general information only and is not personalised advice. Individual results, savings, and experiences will vary.
  • Cost and savings figures shown on the Site are illustrative, based on stated general assumptions about pack prices and consumption, and will differ from your actual circumstances.
  • We do not warrant that any information on the Site is complete, current, or free from typographical or other errors.

17. Limitation of liability

To the maximum extent permitted by law, and subject always to your non-excludable rights under the Australian Consumer Law:

  • XiT will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of profits, loss of business opportunity, loss of data, or loss of goodwill, arising out of or in connection with your use of the Site or Services.
  • Where our liability cannot be excluded but can be limited, our total liability for any claim is limited, at our option, to (a) supplying the goods or services again, or (b) refunding the amount paid by you for the relevant goods or services.
  • Nothing in this section limits or excludes liability that cannot lawfully be limited or excluded, including liability under the Australian Consumer Law or for fraud or wilful misconduct.

18. Indemnity

You agree to indemnify and hold harmless XiT, its directors, officers, employees, contractors, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

  • Your breach of these Terms;
  • Your misuse of the Services;
  • Your violation of any law or third-party right;
  • Any content you submit to us under section 11.

19. Events outside our control

We are not in breach of these Terms, and are not liable for delay or failure to perform, where that delay or failure is caused by an event beyond our reasonable control — including manufacturing or supply-chain failure, industrial action, carrier disruption, customs or border action, changes in import law or tariffs, natural disaster, epidemic, or government restriction.

If such an event materially delays your order, we will notify you as soon as practicable and you may cancel for a full refund. This section does not limit your rights under the Australian Consumer Law, including the guarantee that goods be supplied within a reasonable time.

20. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe you have breached these Terms or our policies, engaged in fraudulent or unlawful activity, or otherwise materially harmed XiT or other users.

You may stop using the Services at any time. Provisions of these Terms that, by their nature, are intended to survive termination — including sections on intellectual property, user content, disclaimers, limitation of liability, indemnity, and governing law — will continue to apply after termination.

21. Changes to these Terms

We may update these Terms from time to time. The version that applies to your purchase is the version in effect at the time you placed your order. The version that applies to your general use of the Site is the most recent version published. We will update the "Last updated" date at the top of these Terms when changes are made.

If we make a material change, we may also notify you by email or by a notice on the Site. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

22. Governing law and jurisdiction

These Terms are governed by the laws of Victoria, Australia. You and XiT submit to the exclusive jurisdiction of the courts of Victoria and the federal courts of Australia in respect of any dispute arising out of or in connection with these Terms or the Services.

If you are a consumer resident outside Australia, this section does not deprive you of the protection of any mandatory provisions of the law of your country of residence, or of the right to bring proceedings in the courts of that country where that right cannot be excluded by agreement.

23. General

These Terms, together with our Return & Refund Policy, Shipping Policy, and Privacy Policy, constitute the entire agreement between you and XiT regarding your use of the Services and supersede any prior agreements.

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force.

Our failure to enforce any provision is not a waiver of our right to do so later.

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign these Terms freely.

24. Contact

For questions about these Terms or our Services, contact us at:

Email: info@xit.net.au